scholarly journals ON SOME LEGAL APPROACHES TO DETERMINING THE LEGAL PERSONALITY OF ARTIFICIAL INTELLECTUAL SYSTEMS

2020 ◽  
Vol 16 (4-1) ◽  
pp. 31-42
Author(s):  
Светлана Горохова
Keyword(s):  
Law Enforcement ◽  
Technological Development ◽  
General Rule ◽  
General Purpose ◽  
Legal Responsibility ◽  
Scientific Methods ◽  
Legal Personality ◽  
Special Scientific ◽  
General Scientific ◽  
Russian Law

The issues of determining the place of artificial intellectual systems in the structure of new legal relations determined by the level of technological development are one of the most urgent tasks of modern Russian law today. The most important problem, determined by the requirements of law enforcement and the need to comply with the requirements of building of the rule-of-law state, is the study of fundamental positions regarding the conditions and procedure for bringing subjects to legal responsibility for torts involving artificial intelligence (AI). Purpose: to analyze approaches to the definition and content of legal personality, in particular, the possible legal personality of artificial intellectual systems, with an emphasis on the rules for imposing liability for torts involving them. Methods include dialectical and metaphysical methods of cognition (as the philosophical basis of the work performed); general scientific methods (analysis, synthesis, abstraction, hypotheses, etc.); as well as special scientific (comparative-legal, legal-dogmatic, cybernetic, interpretation) methods of scientific cognition. Results: the study, for the purpose of determining the legal personality of AI, justifies the greatest significance of its classification into: weak narrow-purpose AI (Narrow AI), strong general-purpose AI (General AI), and super-strong intelligence (Super AI). Based on the materials of scientific sources, the concept of «partial legal capacity» is formulated and the possibility of its application to strong and super-strong AI is scientifically justified. Fundamental theoretical positions (General rule and exceptions) regarding the conditions and procedure for bringing subjects to legal responsibility for torts involving AI are presented.

Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1246
Author(s):  
Yuriy S. NAZAR ◽  
Tetiana Ya. NAZAR ◽  
Ivanna M. PROTS ◽  
Danylo I. YOSYFOVYCH ◽  
Olena M. ILYUSHYK
Keyword(s):  
Eastern Europe ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Financial Responsibility ◽  
Special Scientific ◽  
General Scientific ◽  
Conducting Research

The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.

scholarly journals Legislative basics of legal interpretation

2021 ◽  
Vol 5 (S4) ◽  
pp. 1600-1614
Author(s):  
Valeriya K. Antoshkina ◽  
Oleksandr Loshchykhin ◽  
Oksana Topchii ◽  
Dmytro Shevchenko ◽  
Myroslav V. Hryhorchuk
Keyword(s):  
Law Enforcement ◽  
State Power ◽  
Legal Interpretation ◽  
Legal Basis ◽  
Scientific Methods ◽  
Effective Functioning ◽  
Legal Science ◽  
Special Scientific ◽  
General Scientific

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. That is still the reason why scholars and legal practitioners pay considerable attention to various aspects of legal interpretation, one of which is to determine the legal basis of legal interpretation, which actualizes the topic of this paper. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Modern state of the judicial finance-credit examination and the prospects of its development

2020 ◽  
pp. 1-8
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Interdisciplinary Approach ◽  
Law Enforcement Officers ◽  
Modern State ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Scientific ◽  
Substantive Law ◽  
Court Expert

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

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.

Economic reliability of technological development

2021 ◽  
Vol 6 (1) ◽  
pp. 98-108
Author(s):  
E. V. Yakovleva ◽  
◽  
A. R. Terentyeva ◽  
Keyword(s):  
Technological Development ◽  
Methodological Approach ◽  
Comparison Analysis ◽  
Successful Development ◽  
Scientific Methods ◽  
Industrial Enterprises ◽  
Theoretical Significance ◽  
General Scientific

Ensuring the economic reliability of industrial enterprises in the modern conditions of technological dynamics is a necessary and indispensable condition for the successful development and functioning of the enterprise in the long term. The results of the study aimed at substantiating the methodological approach to the formation of the mechanism of economic reliability of technological development of industrial enterprises are presented, which determines the theoretical significance and novelty of the results are shown. The basis of the study is general scientific methods of classification, generalization, comparison, analysis

THE USE OF «VIRTUAL TOURS» TECHNOLOGY IN THE TRAINING OF LAW ENFORCEMENT OFFICERS

2018 ◽  
Vol 2 (7) ◽  
pp. 122
Author(s):  
Kiryl Shuvayev ◽  
Pavel Andriyanov
Keyword(s):  
Law Enforcement ◽  
Cognitive Activity ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Philosophical Method ◽  
Scientific Methods ◽  
Curricular Material ◽  
General Scientific ◽  
Visualization Techniques

The aim of the study is to analyse the process of using «Virtual tours» technology in the educational process. This technology allows you to transfer the lesson from the passive into the interactive forms, to activate the cadets’ cognitive activity and to involve them into the educational process. The use of visualization techniques develops broad-minded thinking and enhances a better learning of the curricular material. The main tasks of the research are to analyse the process of using «Virtual tours» technology in the educational process of law enforcement officers; to estimate the functional practice of «Virtual tours» technology. The study is fundamentally based on the dialectical-philosophical method alongside with the general scientific and specific scientific methods.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

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