scholarly journals The right to internet access: foreign experience of legal regulation

Author(s):  
T. Popovych

The article is devoted to outlining certain aspects of the legal regulation of the right to Internet access throughthe prism of foreign experience. The issues of regulation of the right to Internet access in the normative acts of in-dividual states are analyzed. The specifics of the obligations of the state and providers of relevant services that existin the context of ensuring the right to Internet access are determined.The author emphasizes that the role of the state in terms of providing access to the Internet also involves properinteraction with service providers, assisting them through regulatory and institutional mechanisms. Whereas thequality of providing access to the Internet largely depends on the coordinated cooperation of the state with provid-ers. In addition, attention is drawn to cases where states block certain web resources and impose certain restrictionson access to the Internet.The author concludes that the right to Internet access, despite its recognition as necessary in terms of the needsof modern mankind and the current state of technology, remains largely complicated in the direction of its imple-mentation in practice. After all, the state is obliged to provide unhindered (except for exceptions established by law)and quality access to the Internet, and service providers – to provide appropriate Internet access in accordance withmodern technologies and conditions specified in the contract with users.Therefore, the complexity of such obligations is due to two aspects: first, the need for legal, institutional andtechnical access to the Internet, which requires financial, material and technical and other resources; secondly, the presence in a number of countries (for example, in China, Muslim countries) of significant restrictions on access to the Internet for reasons of national security, religious attitudes, ideology, etc.

Author(s):  
T.P. Popovych

The article is devoted to the analysis of theoretical and legal aspects of the human right to the protection of personal data on the Internet. The author believes that at the present stage the field of personal data protection on the Internet is becoming especially important, linking it with the universal importance of communication that occurs within the Internet, as well as the threat of unauthorized dissemination of information through it. The right to the protection of personal data is considered as one of the forms of realization of the human right to the respect for his private, family life, in the context of his inviolability on the Internet. Scientific intelligence begins with a review of information protection models that have emerged in the world. Yes, we are talking about the American, European and mixed models. However, the article provides an overview of the acts adopted by the relevant European institutions in this area. In addition, the article examines the experience of some foreign countries in ensuring the human right to the protection of personal data on the Internet, in particular Brazil, France and the Republic of Belarus. The author notes that the protection of personal data involves a number of positive and negative obligations of the state and individuals. Negative obligations are aimed at prohibiting the processing of personal data without the consent of the person to whom the specific information relates. The positive obligations of public organizations and individuals (organizations) are to comply with the established legal regime of personal data processing, including the use of appropriate technical means. That is, the author emphasizes that the legal obligations in the context of ensuring the right to protection of personal data on the Internet are imposed not only on the state, but also on Internet service providers, owners of online services and websites, etc., given the possibility that they have access to personal information.


2020 ◽  
Vol 1 (5) ◽  
pp. 26-32
Author(s):  
N. S. FILATOV ◽  

The article is devoted to the study of the concept of the Internet governance model with the participation of stakeholders and its impact on business in regions and countries, as well as to the discussion of sustainable development goals related to Internet governance. Examples of how enterprises suffer from state management methods in this area are presented.


2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.


2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.


2021 ◽  
pp. 205-211
Author(s):  
N.V. Kravchuk ◽  

The review is focused on the issue of participation of the state in establishment of paternity and securing of the right in Muslim countries. Measures, adopted in this area, as noted, do not eliminate discrimination between children born in marriages and children born out of wedlock, but make their situation worse by allowing differential regulation of the same issue with regard to different groups of people.


2021 ◽  
Vol 16 (1) ◽  
pp. 47-60
Author(s):  
Michaela Šimonová ◽  

The arrival of information and communication technologies is nothing new. The number of people using these technologies and moving in cyberspace is growing, and therefore it is an important role of the state to respond sufficiently to such developments. A fundamental role of the state is to create a stable security system consisting of complex legislation as well as creation of a legislative environment capable of responding flexibly to the growing number of diverse incidents in cyberspace. Sufficient legal regulation consisting of unambiguous determination of competencies and tasks of individual subjects represents the basic pillar for the creation of a stable security system. The role of the state is also to maintain existing and create new partnerships with organizations that are able to provide relevant information and knowledge in the field of cyber security.


Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.


Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.


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