scholarly journals Kontrola operacyjna w systemie informatycznym (postulaty de lege ferenda)

2021 ◽  
Vol 30 (2) ◽  
pp. 263
Author(s):  
Jacek Kudła ◽  
Alfred Staszak
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Common Good ◽  
New Technologies ◽  
Case Law ◽  
New Approach ◽  
Progressive Development ◽  
Special Services ◽  
5G Network ◽  
Technological Developments

<p>The article presents a proposal for changes in the regulations concerning broadly understood wiretapping. The dynamics of the development of crime using new technologies, in particular cybercrime, poses increasing challenges to the judiciary, law enforcement authorities and special services, which can only be met by introducing new legal solutions to enable the latest technological developments to be applied. At the same time, judicial case law imposes an obligation on the legislator to seek and create new legal solutions that would be able to reconcile the interests and rights of an individual with the common good. The question, therefore, arises whether a further revision of the rules is necessary in this regard, or whether a completely new approach is needed to look at the way of legal regulations concerning issues related to procedural and operational wiretapping. The article attempts to present this issue, taking into account, in particular, the changes in surveillance regulations due to the continuous and progressive development of the 5G network and the planning of the gradual implementation of the 6G network. In the authors’ opinion, the presented constructive comments <em>de lege ferenda</em> should be helpful in establishing a new law on operational control. The law that would comply with constitutionally guaranteed standards on civil rights while equipping the state and its law enforcement and special services with effective tools to combat new forms and manifestations of crime. The authors intend to present the issue of wiretapping – in the broad sense, against the background of modern technologies and new legal solutions, while respecting the principles of the Polish criminal trial and the expectations of practice in combating the most serious crimes effectively.</p>

The global picture

1978 ◽  
Vol 289 (1356) ◽  
pp. 5-17
Keyword(s):  
Manufacturing Industry ◽  
World Wide ◽  
New Technologies ◽  
Rate Of Change ◽  
Global Network ◽  
Economic Implications ◽  
Global System ◽  
Progressive Development ◽  
Technological Developments ◽  
National Systems

The period from the invention of the telephone in 1876 by Alexander Graham Bell until the late 1950s was characterized by the progressive development of national systems. Except where these national systems lay within a common continental area there were only very limited means for interworking system to system. In effect any sea separation of more than some 75-150 km presented a barrier that could only be bridged by the limited facilities of radio telephone links. The successful laying in 1956 of the first intercontinental submarine telephone cable transformed telephone communication between Europe and North America and ushered in a new era of world-wide telephony. The development of the geostationary communications satellite in 1963 brought an even more dramatic linkage of the telecommunications networks of the world and permitted world-wide telephone and television interchange. Today some 400 million telephones in over 200 countries are operating on one single global system with a high percentage of automatic dialling. This global system is the most complex machine yet constructed by man. It carries annually a total traffic of 400 000 million telephone calls together with a massive flow of telex and data. It is expanding annually at a rate of over 6% and by the end of this century will consist of 1500 million telephones generating a traffic possibly greater than a million million calls each year. Later papers in this volume will describe many dramatic technological developments that will permit still further expansion of the capability of the global network. But these developments will not be without problems - problems affecting the nature of the telecommunications manufacturing industry, of handling the rate of change of technology, of choice between the almost embarrassing wealth of new ideas, and problems of reconciliation between old and new technologies in our networks. The resolution of these problems will be a challenging and stimulating task for all of us concerned in the direction of these enterprises. The social and economic implications of this vast global communication system will be profound.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

THEORETICAL AND PRACTICAL UNDERSTANDING OF ANTI-CORRUPTION POLICY OF UKRAINE: THE EUROPEAN INTEGRATION ASPECT

2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
European Integration ◽  
International Standards ◽  
The Rule Of Law ◽  
Third World Country ◽  
Broad Interpretation ◽  
Enforcement Activity ◽  
Cross Border Cooperation ◽  
The Eu

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Introduction of New Technologies in Cultural-Educational Space of Museums

2020 ◽  
Author(s):  
А.Д. Кульдышева
Keyword(s):  
New Technologies ◽  
Educational Opportunities ◽  
Technological Developments ◽  
Modern Technologies

в статье говорится об использовании и образовательных возможностях различных современных технологий в музеях. Приводятся и анализируются различные технологические разработки в данной сфере. the article deals with the use of various modern technologies in museums and their educational opportunities. Various technological developments are presented and analyzed.

Digital Authoritarianism and the Future of Human Rights

2021 ◽  
pp. 1-27
Author(s):  
Tiberiu Dragu ◽  
Yonatan Lupu
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Theoretic Model ◽  
Human Rights Abuses ◽  
Human Rights Regime ◽  
Wide Range ◽  
The Future ◽  
Technological Developments ◽  
Game Theoretic ◽  
Strategic Context

Abstract How will advances in digital technology affect the future of human rights and authoritarian rule? Media figures, public intellectuals, and scholars have debated this relationship for decades, with some arguing that new technologies facilitate mobilization against the state and others countering that the same technologies allow authoritarians to strengthen their grip on power. We address this issue by analyzing the first game-theoretic model that accounts for the dual effects of technology within the strategic context of preventive repression. Our game-theoretical analysis suggests that technological developments may not be detrimental to authoritarian control and may, in fact, strengthen authoritarian control by facilitating a wide range of human rights abuses. We show that technological innovation leads to greater levels of abuses to prevent opposition groups from mobilizing and increases the likelihood that authoritarians will succeed in preventing such mobilization. These results have broad implications for the human rights regime, democratization efforts, and the interpretation of recent declines in violent human rights abuses.

scholarly journals Continuous Automotive Software Updates through Container Image Layers

Electronics ◽  
2021 ◽  
Vol 10 (6) ◽  
pp. 739
Author(s):  
Nicholas Ayres ◽  
Lipika Deka ◽  
Daniel Paluszczyszyn
Keyword(s):  
Embedded System ◽  
Ad Hoc ◽  
New Technologies ◽  
Electronic Control Unit ◽  
Control Unit ◽  
New Approach ◽  
Automotive Software ◽  
Software Updating ◽  
Software Updates ◽  
Functional Software

The vehicle-embedded system also known as the electronic control unit (ECU) has transformed the humble motorcar, making it more efficient, environmentally friendly, and safer, but has led to a system which is highly dependent on software. As new technologies and features are included with each new vehicle model, the increased reliance on software will no doubt continue. It is an undeniable fact that all software contains bugs, errors, and potential vulnerabilities, which when discovered must be addressed in a timely manner, primarily through patching and updates, to preserve vehicle and occupant safety and integrity. However, current automotive software updating practices are ad hoc at best and often follow the same inefficient fix mechanisms associated with a physical component failure of return or recall. Increasing vehicle connectivity heralds the potential for over the air (OtA) software updates, but rigid ECU hardware design does not often facilitate or enable OtA updating. To address the associated issues regarding automotive ECU-based software updates, a new approach in how automotive software is deployed to the ECU is required. This paper presents how lightweight virtualisation technologies known as containers can promote efficient automotive ECU software updates. ECU functional software can be deployed to a container built from an associated image. Container images promote efficiency in download size and times through layer sharing, similar to ECU difference or delta flashing. Through containers, connectivity and OtA future software updates can be completed without inconveniences to the consumer or incurring expense to the manufacturer.

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals Intersectional Identities, School Resources, and Law Enforcement: A Study of Discipline Disparity in Public High Schools

2021 ◽  
Author(s):  
Theresa Pfister ◽  
Sarah Beach ◽  
Lindsay Carlisle ◽  
Jesse Fleming
Keyword(s):  
High School Students ◽  
Law Enforcement ◽  
Civil Rights ◽  
American Indian ◽  
Negative Binomial ◽  
Law Enforcement Officers ◽  
Male Students ◽  
Public High School ◽  
School Students ◽  
Alaskan Native

<p>This study utilizes the 2017-2018 Civil Rights Data Collection to explore referrals to law enforcement of public high school students with intersectional identities (racial/ethnic, gender, dis/ability status). We ran negative binomial regressions via Stata 17.0 to predict risk by intersectional identities and utilized covariates including psychological supports, counselors, social workers, security guards, law enforcement officers, Title I status, and school size. Results indicate that school-based law enforcement officers predicted higher law enforcement referrals for Black, Hispanic, and American Indian/Alaskan Native male students with and without disabilities. Psychological supports, however, predicted lower law enforcement referrals for Black males and American Indian/Alaskan Native male students with and without dis/abilities. As the nation addresses systemic racism in the public school system, the experiences of students with intersecting identities must be better understood.</p>

scholarly journals Problems Associated with the Legal Substance of Real Estate Encumbrances

2015 ◽  
Vol 1 (1) ◽  
pp. 54
Author(s):  
Inga Kudeikina
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Common Good ◽  
Case Law ◽  
Related Case ◽  
The Real Estate ◽  
Special Procedure ◽  
Estate Owner ◽  
Entire Society ◽  
Real Estate Owner

The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.

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