scholarly journals A New Order in Cyberspace Awaits us

2020 ◽  
Vol 16 (2) ◽  
pp. 18-24
Author(s):  
P. Duggal

Introduction. This paper represents the changes which has brought in new changed ground realities. Lot of new developments have started taking place, ever since the advent of coronavirus. The author is neither a soothsayer nor an astrologer who can adequately predict the coming future. However, at the time of writing, some broad trends are emerging on the horizon, which could impact the evolution of a new world order in cyberspace. These emerging trends are beginning to point in the direction of an irreversible change in cyberspace.Materials and methods. The methodological basis of the study was made up of following general scientific and special methods of cognition of legal phenomena and processes in the field of Cyber law, Cybercrime & cybersecurity during corona virus age: a system-structural analysis method; method of synthesis of social and legal phenomena; comparative legal method; and formal logical method.The results of the study. The analysis revealed that, the Cyberspace is full of so much of information and misinformation that people are clueless as to which information source they should rely upon and which they should not. In this pandemonium, that exist across the world, some broad new areas are emerging which are engaging the attention of numerous stakeholders.Discussion and conclusions. In today’s Coronavirus times, nothing can be predicted as absolute. However, if one keeps in mind the broad trends on the horizon, one could potentially be more well equipped to deal with challenges concerning the new cyber world order. The New Cyber World Order will be increasingly important for all digital and cyber stakeholders, as it will impact all our digital presence, digital activities and digital lives. The legal, policy and regulatory issues pertaining to New Cyber World Order will have to be appropriately considered and addressed by cyber stakeholders as New Cyber World Order takes root in the coming times.  

2020 ◽  
Vol 16 (2) ◽  
pp. 25-32
Author(s):  
J. Á. Moisés

Introduction. This paper represents the changes which has brought in new changed ground realities. Lot of new developments have started taking place, ever since the advent of coronavirus. The author is neither a soothsayer nor an astrologer who can adequately predict the coming future. However, at the time of writing, some broad trends are emerging on the horizon, which could impact the evolution of a new world order in cyberspace. These emerging trends are beginning to point in the direction of an irreversible change in cyberspace.Materials and methods. The methodological basis of the study was made up of following general scientific and special methods of cognition of legal phenomena and processes in the field of Cyber law, Cybercrime & cybersecurity during corona virus age: a system-structural analysis method; method of synthesis of social and legal phenomena; comparative legal method; and formal logical method.The results of the study. The analysis revealed that, the Cyberspace is full of so much of information and misinformation that people are clueless as to which information source they should rely upon and which they should not. In this pandemonium, that exist across the world, some broad new areas are emerging which are engaging the attention of numerous stakeholders.Discussion and conclusions. In today’s Coronavirus times, nothing can be predicted as absolute. However, if one keeps in mind the broad trends on the horizon, one could potentially be more well equipped to deal with challenges concerning the new cyber world order. The New Cyber World Order will be increasingly important for all digital and cyber stakeholders, as it will impact all our digital presence, digital activities and digital lives. The legal, policy and regulatory issues pertaining to New Cyber World Order will have to be appropriately considered and addressed by cyber stakeholders as New Cyber World Order takes root in the coming times.       


2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.


2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.


1993 ◽  
Vol 31 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Daniel Volman

Theend of the cold war and of the bi-polar world order that shaped international relations over the past 50 years is forcing the Government of the United States to make dramatic policy changes that affect all parts of the globe. In Africa, it is also confronted by significant new developments on local, regional, and continent-wide levels. Of particular concern to American leaders are increasing internal demands for political democracy, and the intensification of ethnic and other conflicts which call national integrity into question. And, as the decision to send up to 30,000 marines, infantrymen, and other troops to Somalia proves, the U.S. Administration will not hesitate to use military force if authorised by the United Nations.


2021 ◽  
Vol 10 (46) ◽  
pp. 162-168
Author(s):  
Viktor Vasylynchuk ◽  
Valentyn Kovalenko ◽  
Viacheslav Nekrasov ◽  
Oleksii Kopan ◽  
Roman Shchupakivskyi

The purpose of the article is to determine the place and role of forensic prevention in the structure of methods of investigation of certain types of crimes. The subject of research is the concept and features of forensic prevention. The research methodology includes general scientific and special methods of legal science: historical and legal method; structural and functional method; system and structural method, logical and semantic analysis method, formal and legal analysis method. Research results. The issues related to the characteristics of forensic crime prevention are considered. Different points of view on the role, significance and structure of forensic crime prevention are summarized and the conclusion that this legal institution is an integral part of forensic science is made. Practical implementation. The main methods and means of forensic prevention of criminal offenses are determined. Value / originality. It is concluded that the prevention of crimes should be aimed at neutralizing and eliminating the causes that contribute to their commission, and the pre-trial investigation authorities should play the key role in this process.


1989 ◽  
Vol 45 (4) ◽  
pp. 324-332
Author(s):  
Ritu Sharma

Jawaharlal Nehru's keen sense of history and his intense nationalism played a key role in the evolution of his world-view which pioneered to give new direction to international politics in the post-Indian independence period. This world-view had developed gradually but formidably over a span of half a century entailing and synchronising the turmoil at the national and global level and finally leaving a profound impact on Nehru's mind.1 The vulnerable Western colonial domination of the world; the gripping struggle between the fascist and the liberal forces within the West itself and the confrontational poise between the Communist Soviet Union and the non-Communist Western countries were all considered to be the basic issues by Nehru, on the outcome of which would emerge a new world order. Nehru was ambitious enough to envisage top grading of India in the comity of nations following elimination of its colonial subjugation as a part of the well construed basis of the new order and it rhymed perfectly with the broad contours of his world vision.


Author(s):  
John Dumbrell

This chapter examines U.S. foreign policy debates and policy management under the direction of George H. W. Bush and Bill Clinton. It first provides an overview of post-Cold War American internationalism before discussing the so-called ‘Kennan sweepstakes’: a conscious effort to find a post-Soviet statement of purpose to rival George Kennan’s early Cold War concept of ‘containment’ of communism. It then considers U.S. foreign policy making in the new order and in the post-Cold War era. Both the Bush and Clinton administrations wrestled with the problem of deciding on a clear, publicly defensible, strategy for U.S. foreign policy in the new era. Clinton’s first term was dominated by free trade agendas and by efforts to operationalize the policy of ‘selective engagement’, while his second term involved a noticeable turn towards unilateralism and remilitarization. The New World Order was Bush’s main contribution to thinking beyond the Cold War.


2020 ◽  
pp. 67-79
Author(s):  
Liliia Popova

The aim of the article is to investigate the peculiarities of administrative and legal regulation of the activities of business entities during quarantine and to consider possible directions of improvement of such regulation. Methods. The theoretical and methodological basis of the research is modern general scientific and special legal methods and techniques of scientific knowledge. The formal and logical method determines the importance of administrative and legal regulation of the activities of economic entities during quarantine. Formal and legal method allowed analyzing the current legislative and other normative-legal acts concerning administrative and legal regulation of activity of economic entities during quarantine. The structural and logical, comparative and legal methods outline the main directions of improving of implementation the administrative and legal regulation of the activities of economic entities during quarantine. Results. Attention is drawn to the fact that business entities are limited in their actions due to the introduction of quarantine and emergency regime in Ukraine. The article analyzes the legislative and other legal acts adopted to prevent the spread in Ukraine of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2, which regulate the activities of business entities. It is noted that the Government of the State, taking into account the important role of economic entities in the economy of the country, makes prudent measures to support them during quarantine. However, there are certain conditions under which business entities face problems that need to be addressed, primarily at the legislative level. Conclusions. The article indicates the expediency of amending the current legislation to harmonize it in connection with the adoption of a number of regulatory acts aimed at preventing the spread of acute COVID-19 respiratory disease caused by the SARS-CoV-2 coronavirus in Ukraine and use in the legislation of different terminology related to COVID-19.


2020 ◽  
Vol 06 (01) ◽  
pp. 1-18
Author(s):  
Jiemian Yang

The still raging Covid-19 pandemic has brought sweeping and profound changes to the world. Having claimed more than one million lives and sickened many times more, the novel coronavirus has plunged the global economy into a deep recession, exacerbated existing political divisions, and changed the conception of human security. The global pandemic has not so much changed the basic direction of world history as accelerated the pace of it. The mega-trend toward greater equality and justice in global power distribution is unstoppable. At this moment of reordering, major powers need to assume the special responsibility for upgrading and updating the principles, concepts, and institutions for a new world order. Major obstacles to a smooth transition to a new order include the U.S. policy shift to unilateralism, protectionism, and nationalism on President Trump’s watch, the evolving coronavirus pandemic and its long-lasting aftershocks, emerging powers’ lack of strategic capability and/or political will to play a larger role, and glaring gaps between the mandates and means of international organizations. Just as it will take a coordinated global response to vanquish the virus, it will take complementary rather than confrontational policies of major powers to ensure a peaceful transition to a new world order.


2020 ◽  
Vol 9 (28) ◽  
pp. 288-295
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Alik Israielian

The article explores the problem of resolving a criminal-legal conflict (which involves a person who has committed a socially dangerous act) through reconciliation. The relevance of the research topic is due to the fact that the legal conflict requires a binding solution, as it affects the most important social values. The purpose of this article is to disclose the nature and importance of reconciliation as a way of resolving a criminal-legal conflict. The authors used an analysis method, a synthesis method, a logical method, a historical method, and a formal legal method to write this article. According to the results of the study, the authors concluded that the application of criminal liability for reconciliation of the perpetrator with the victim is effective for all parties to the criminal-legal conflict. Moreover, for the state as a party to the criminal-legal conflict, such a way of resolving, is also effective because of the fact that the achievement of the tasks of criminal responsibility with the minimum cost of resources is the restoration of the rights of the victim.


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