scholarly journals Issues of regulating cryptocurrency and control over its turnover: international experience

2020 ◽  
Vol 9 (31) ◽  
pp. 10-20
Author(s):  
Mykhailo Dumchikov ◽  
Nataliia Kononenko ◽  
Liudmyla Batsenko ◽  
Roman Halenin ◽  
Nataliia Hlushchenko
Keyword(s):  
Legal Status ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Initial Stage ◽  
Relevant Topic ◽  
Scientific Results ◽  
Definition Of ◽  
And Control

The article deals with an important and relevant topic – the definition of the concept and essence of cryptocurrencies, the study of the problems of their legal regulation, the rationale for control over their turnover, as well as the analysis of ways to counter money laundering that involves cryptocurrency. The authors emphasize that measures taken exclusively at the state level are not enough to create an effective, integrated and comprehensive system for regulating the legal status of cryptocurrencies. Therefore, international cooperation and the strengthening of cooperation between various states in the field of cryptocurrency regulation is important. The authors analyze the scientific doctrine regarding the essence of cryptocurrency. It was found out that there was no single approach to the definition of “cryptocurrency” among scientists. Moreover, cryptocurrencies in various laws of the world have different status. The authors used general scientific and special scientific methods, which provided an objective analysis of the purpose of the study. The research methods were used in interconnection and interdependence, which ensured the comprehensiveness and completeness of the research, as well as the validity of the obtained scientific results. The authors have determined states where cryptocurrency has an official status, is at the initial stage of legal regulation or completely prohibited at the state level. The relevance of the research consists in the actual absence of the legal framework for the regulation of cryptocurrencies, which is conditioned by the novelty of this phenomenon and the problems related to its functioning. The authors proposed their own definition of cryptocurrency based on its main features.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

Law in Ensuring the Safety of Genetic Technologies Against their Use for Criminal Purposes

Lex Russica ◽  
2020 ◽  
pp. 47-53
Author(s):  
N. V. Kruchinina
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Economic Progress ◽  
Genetic Technologies ◽  
Criminal Groups ◽  
Definition Of

Genetic technologies offer wide prospects for socio-economic progress. At the same time, their application in practice could put at stake the interests of society, human rights and freedoms. Therefore, the development of genetic technologies requires its analysis from the standpoint of jurisprudence, thoughtful legislative regulation and protection from uncontrolled spread and criminal use. The paper analyzes different points of view on the use of genetic technologies. The author substantiates the necessity of proper legal regulation and security of the process of development of genetic technologies. The paper contains the results of the scientific research. The paper elucidates the problems related to the use of genetic technologies in the process of artificial human reproduction: imperfection of the legal framework (In particular, lack of the definition of the legal status of human embryo, lack of justification for the legality of its use for research and therapeutic purposes), the threat of the use of genetic technologies for criminal purposes. The author concludes that the use of genetic technologies for criminal purposes is especially dangerous because organized criminal groups focus their attention on genetic technologies. This gives rise to a special criminal situation that requires new approaches for effective counteraction. To this end, the priority is given to identification of crimes committed with the use of genetic technologies and analysis of the emerging practice of investigating this category of crimes. Failure to comply with standards, deviation from regulations and procedures imposed on medical care may result in harm to health or death also when the assisted reproductive technologies are used. The author has made some proposals to solve these problems with due regard to domestic and foreign experience in the use of genetic technologies in the field of human artificial reproduction (in particular, it is proposed to establish effective international cooperation in this area).

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

scholarly journals The article is devoted to the study of the legal status of cryptocurrency in Ukraine and its taxation

2020 ◽  
pp. 45-49
Author(s):  
O.M. Reznik ◽  
M.O. Krasilyuk
Keyword(s):  
Legal Status ◽  
Low Cost ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
State Budget ◽  
Virtual Currency ◽  
Current Economic Situation ◽  
The Moment ◽  
Definition Of

Despite the lack of legal regulation of cryptocurrency, its spread is significant and cannot be stopped. However, we consider it necessary to emphasize that the legislative vacuum is the basis for offenses and a significant delay in the economic and legal development of the state. It is impossible to build a strong economy and promote business development, trying to avoid the “problematic” issues facing the state. The term “cryptocurrency” does not have a single definition, and some of the scientists refer to it as digital money (currency), some – to virtual currency. However, there are features that distinguish cryptocurrency from other virtual currencies, including: valuation, structure, anonymity, transparency, transaction execution, legal aspects. Therefore, the advantages of using cryptocurrency include: decentralization, inability to fake, deflation, low cost of maintenance, etc. It should be noted that at the moment there is no clear tax algorithm that will work for every country without exception. Given the economic, social, legislative and cultural characteristics of states, the definition of the legal status of cryptocurrency is different. In Ukraine, proper taxation of cryptocurrency cannot be implemented without defining the legal status at the legislative level, which is why it is one of the first steps of the state in the given direction. Considering the fact that additional funds for the state budget, and especially in the current economic situation, are never unnecessary and can be efficiently spent on expenditures in different spheres, the issue of taxation of cryptocurrency has become quite acute today as a way of attracting additional funds for the state. ensuring that it fulfills its tasks and functions.

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals Concept and Classification of Functions of State Policy in the Field of Ensuring Economic Security of the State

2020 ◽  
Vol 76 (1) ◽  
pp. 67-73
Author(s):  
D. O. Koshikov
Keyword(s):  
State Policy ◽  
Legal Framework ◽  
Economic Security ◽  
The State ◽  
Economic Rights ◽  
Economic Relations ◽  
Legal Foundations ◽  
Definition Of ◽  
And Control

The phenomenon of the state’s functions as the main directions of its activity for the fulfillment of tasks and the purpose of its existence in a specific period of development, their peculiarities and types have been studied. Based on the analysis of scientific works on the implementation of state policy in the sphere of economy and social and humanitarian sphere, the author has defined own definition of the functions of state policy in the sphere of economic security. In particular, the author has emphasized that they could be considered, first of all, as general directions of the state’s activity to create a stable economic security system, which includes a legal framework, a list of agencies authorized to implement regulatory requirements, a system of defined principles, forms and methods of implementation policies, etc; and, secondly, as separate groups of homogeneous actions of public administration subjects on the regulation, development and protection of social economic relations, ensuring the realization of socio-economic rights and freedoms of citizens, as well as creating conditions for further development and growth of the national economy. Based on the first approach, the regulatory, institutional, regulatory and law enforcement functions of public policy in the field of economic security should be distinguished. According to the second direction, the following functions can be considered: information-analytical, planning, organization, interaction and coordination, accounting and control. The obtained results are the integral part of the author’s scientific research on determining the administrative and legal foundations of the implementation of state policy in the sphere of economic security of Ukraine and can be used for carrying out other fundamental and applied scientific researches in the field of national security of the state.

scholarly journals Comparative and Legal Study of Registries of Unscrupulous Participants of Competitive Procedures Regulated by Federal Laws «On the Contract System in the Sphere of Purchase of Goods, Jobs and Services for Providing the State and Municipal Needs», «On Purchase of Goods, Jobs, Services by Certain Types of Legal Entities», as Well as by the Land, Housing and Forest Codes of the Russian Federation

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Alexander Tishchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Legal Analysis ◽  
Current Policy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Federal Laws ◽  
Definition Of ◽  
Legal Entities

This article carries out a comparative legal analysis of the Russian institutions of registers of the unconscientious participants of the competitive procedures conducted within the contractual system in the sphere of purchases to provide the state and municipal needs, purchases made by the certain types of legal entities, as well as housing, land and forestry legislation. The author comes to the conclusion about their conceptual unity, their inseparable relationship with the competitive procedures, the emergence of which is a stage in a market economy development, the impossibility of an undubitable definition of the legal nature of the institutions under consideration, as well as the presence of certain differences and contradictions in their legal regulation, the existence of which is not based on objective reasons. The author proposes to improve the current policy management of the institutions under consideration in order to exclude the differences that are not caused by the peculiarities of the regulated relations, as well as to bring the regulatory and legal framework to a conceptual unity; he provides the substantiation for such proposals.

scholarly journals Prospects of decriminalization and legalization of euthanasia in Ukraine

2021 ◽  
pp. 55-60
Author(s):  
A.P Lutsenko ◽  
D.I. Khairullina
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Right To Life ◽  
Human Right ◽  
The Right

This article is devoted to the study of the legal regulation of the institution of euthanasia in foreign practice and in Ukrainian law. We conducted a thorough analysis of the existing arguments for and against the legalization of the assisted suicide procedure, which have developed in scientific doctrine. Given the importance of the right to life in the fundamental human rights system, deprivation of any life is unacceptable, as it could set a precedent that would lead to the abuse of criminal intent by the possibility of masking premeditated murder with voluntary consent to accelerate biological death. That is why today in Ukraine deprivation of life at the request of a person is a crime, namely premeditated murder, and therefore euthanasia at the state level is now criminalized. However, after analyzing the views of scholars studying the dynamics of human rights, as well as paying attention to the practice of countries that have already legalized euthanasia at the state level, we concluded that assisted suicide today is a powerful mechanism that can guarantee the human right to a dignified existence at the end of her life. A number of foreign countries have shown by their example that the legalization of euthanasia is an important step towards building a more humane and humane society, where there is a place of mercy for terminally ill people who want to end their lives painlessly. The current position of the Constitutional Court of Ukraine on the interpretation of the right to life does not allow for its expanded understanding, and therefore there is a need to amend the Constitution (for example recognition of the right to die) or change the position of the Court. In order for the right to dispose of one's own life to be properly guaranteed in Ukraine as well, we have developed on the basis of our research and proposed an algorithm of actions that can be used in the implementation of the institute of assisted suicide in Ukraine. We emphasize the need to amend the Constitution of Ukraine or change the position of the Constitutional Court on the interpretation of the right to life and the development of an appropriate legal framework that should take into account the medical side of this issue.

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