scholarly journals Liability in the field of digital payment systems and cryptocurrencies: mission is (im)possible?

2021 ◽  
Vol 10 (42) ◽  
pp. 186-195
Author(s):  
Liydmyla Panova ◽  
Siuzanna Tsurkanu ◽  
Oleh Synieokyi ◽  
Zoriana Dilna ◽  
Ivan Prymachenko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Method ◽  
Internet Users ◽  
System Method ◽  
International Comparative

An electronic payment system is a system of settlements between different organizations and Internet users when buying or selling goods or services over the Internet. The relevance of the research topic is that electronic payment systems are used widely at the present stage of the development of society. This area has not escaped criminal activity. Penalties for digital payment systems and cryptocurrencies should be commensurate with the level of damage caused. The article analyzes the international legal establishing liability for this type of crime. At the instant, it remains an open question for further study of the legal status of cryptocurrency in different countries and the settlement of penalties for violations in the field of digital payment systems and cryptocurrency. Research methods: comparison, observation, analysis, synthesis, analogy, the system method, generalization method, and formal-legal method. According to the results of the study, the international comparative aspect of the types of liability for offenses in the field of digital payment systems was analyzed; the issue of criminal liability for offenses in the field of digital payment systems and cryptocurrencies, as a key punishment for these actions; identified means of protection of payment systems; the issue of legal regulation of cryptocurrency in different countries.

scholarly journals Public and Private Interests in the Sphere of Administration of Vaccination in a Pandemic

2021 ◽  
Vol 39 (68) ◽  
pp. 476-490
Author(s):  
Iryna Drobush ◽  
Liudmila Kornuta ◽  
Olha Shmyndruk ◽  
Olena Kurhanska ◽  
Tetiana Polishchuk
Keyword(s):  
Legal Status ◽  
Well Being ◽  
Legal Framework ◽  
Legal Regulation ◽  
Structural Method ◽  
Public And Private ◽  
Private Interests ◽  
Legal Method ◽  
Current State ◽  
System Method

COVID-19 has posed challenges to the global community at large and to jurisprudence in particular. In the current context, it is of paramount importance to find the best possible solutions in the field of legal regulation that help minimize the harmful effects of the global multisectoral crisis, save lives and restore the well-being of society. The work aims to clarify the theoretical problems in the legal status of medical innovations in the context of the COVID-19 pandemic. The subject of research is anticoronavirus innovations in the medical field. The research methods used were the dialectical method, the system method, the formal-legal method, the historical-legal method, and the structural method. As a result of this work, the current state of legal regulation of anti-ronavirus medical innovations was analysed, in particular the international legal framework, as well as national legislation in this area; contradictions in the observance of the balance of public and private interests under the conditions of a pandemic are revealed and, consequently, some ways of resolving them are suggested.

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

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals CRIMINAL LIABILITY FOR CRIMES AGAINST NATIONAL SECURITY

2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi
Keyword(s):  
National Security ◽  
Criminal Liability ◽  
Research Process ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
State Control ◽  
Basic Law ◽  
System Method ◽  
Process System

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.

scholarly journals The fate of groundwater: a lawyer’s point of view

2021 ◽  
Vol 244 ◽  
pp. 12004
Author(s):  
Dmitry Sivakov ◽  
Yury Truntsevsky ◽  
Roman Osokin ◽  
Sergey Belyasov ◽  
Oleg Karpovich
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Water Bodies ◽  
European Union Law ◽  
Use Of Data ◽  
Legal Method ◽  
Study Process ◽  
Subterranean Water

The study of the provisions of various branches of Russian law and practice of law enforcement (judicial), which in different ways express the complex legal status of subterranean water bodies. During the study process of the considered question the following general and private methods of scientific cognition of the real and objective reality were applied: dialectical, logical and legal, statistical, system analysis, specific sociological, and professional methods of research. The peculiarity of the authors’ methodology is the use of data of natural science, as well as data of economic or technical properties, based on which legal ideas are developed. The comparative legal method of research is applied. The authors have analyzed, summarized, and synthesized the main approaches to the legal regulation of relations concerning groundwaters. The main provisions and proposals are compared with the domestic legislation and European Union law, its individual members (for example, Croatia). The example of the law of the state of Texas USA is given. Step by step, the legal status for the use and protection of subterranean water bodies has evolved into a qualitatively new phenomenon that absorbs all previous legal approaches and principles.

scholarly journals Operators of foreign payment systems and foreign providers of payment services as subjects of national payment system

2020 ◽  
pp. 14-24
Author(s):  
Aleksandr Aleksandrovich Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Financial Services ◽  
Legal Regulation ◽  
Payment System ◽  
Electronic Payment ◽  
Payment Systems ◽  
Financial Transfers ◽  
The Russian Federation ◽  
Payment Services

This article is dedicated to study of peculiarities of legal regulation of the work of operators of foreign payment systems and foreign providers of payment services within the framework of national payment system of the Russian Federation. The object of this research is the public relations that emerge in the process of rendering payment services by foreign providers, their provision of electronic payment means for financial transfers on the territory of the Russian Federation, functionality of the operators of foreign payment systems, and supervision by the Bank of Russia. The subject of this research is the legislative norms on national payment system. The scientific novelty consists in the fact that based on the positions of the legislation on national payment system conclusions are made on peculiarities of carrying out supervision over the operators of foreign payment systems and foreign providers of payment services. This supervision is also indirectly carried out through Russian operators of financial transfers. In a case of failure by a foreign organization to meet the requirements established by the legislation on national payment system, the operators of financial transfers loses its right to take part in international payment systems and render financial services associated with transfer of funds using electronic payment methods rendered by foreign providers. The corresponding rules were set to ensure stability of national payment system, increase the quality of payment services, protect the rights and lawful interests of payment service consumers, and finally, ensure financial security of the Russian Federation.

PROBLEMS OF LABOR LEGISLATION: KYRGYZSTAN UNDER COVID-19 PANDEMIC (COMPARATIVE ANALYSIS WITH THE RUSSIAN LEGAL REGULATIONS)

2020 ◽  
Vol 6 (4) ◽  
pp. 214-227
Author(s):  
Kubanychbek S. RAMANKULOV
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Remote Work ◽  
Labor Regulation ◽  
Legal Method ◽  
Labor Legislation ◽  
Significant Addition

The situation caused by the spread of COVID-19 has become one of the serious challenges that have manifested themselves, in particular, in the field of legal regulation of social and labor relations, which continues to remain insufficiently studied. This article aims to fill in this lacuna and consider the effectiveness of the main institutions of labor legislation in the event of a coronavirus pandemic. The performed analysis allowed rationalizing a significant addition and clarification of the conceptual apparatus of the labor legislation of the Kyrgyz Republic (KR), which is used in labor regulation under COVID-19 conditions. At the same time, the results show that the lack of a number of basic norms in the legislation, in fact, prevent from establishing the legal status of persons in the labor sphere who are in restrictive/quarantine conditions. An analysis of the basic norms related to the institutions of labor legislation showed a clear insufficiency of their legal capacity to regulate labor relations in the context of the COVID-19 pandemic. For the first time, on the basis of the comparative legal method, the problem of establishing new rules outside the labor legislation in Russia and Kyrgyzstan was identified, when the regulation of labor and relations directly related to them in both countries in the context of the COVID-19 pandemic moved to the sectoral (departmental) and local levels, including through acts of application of law (in Kyrgyzstan). Everywhere during the pandemic, employers in both countries transferred to remote work, which is not provided for by labor legislation. The author justifies the prospect of the proposal to subsequently separate out individual chapters in the labor codes of Russia and Kyrgyzstan, which provide for the specifics of labor regulation in an emergency (provisions). The main methods used in the article are the means of system analysis and the comparative legal method for studying the problems of labor legislation in Kyrgyzstan and Russia in terms of analyzing its current state and ensuring effective implementation in the context of the COVID-19 pandemic.

scholarly journals Scientific and Academic Staff Attestation: On the Issue of a Senior Researcher Academic Title

2021 ◽  
Vol 16 (11) ◽  
pp. 194-205
Author(s):  
S. V. Narutto ◽  
B. A. Zbaratskiy
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Academic Staff ◽  
Scientific Organization ◽  
Legal Regulation ◽  
Associate Professor ◽  
Legal Method ◽  
Senior Researcher

The aim of the work is to analyze the legal status of a senior researcher academic title, some problems  of applying the current legislation in terms of equating the academic title of a senior researcher with the academic  title of an associate professor. The methodology of the work consists of the formal legal method, the method of  interpreting the norms of law, the comparative legal method and the historical and legal method. The paper shows  the identified problems of legal regulation of the position of a senior researcher, the title of which was awarded  by a scientific organization in accordance with the legislation in force at that time. Based on the study of the  genesis of domestic legal regulation of the mechanism for conferring the academic titles of senior researcher and  associate professor, analysis of the provisions of the current sources of law, which are continued in the materials  of law enforcement practice, amendments to the current legislation are proposed that equalize the rights of senior  researchers, the title of which was awarded by state bodies, and those who have been awarded an academic title  by organizations.

scholarly journals Legal Status of Collective Subjects of Scientific Work

2021 ◽  
pp. 5-10
Author(s):  
Anton Vasiliev ◽  
Dariusz Schopper ◽  
Yulia Pechatnova
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Research ◽  
Legal Method ◽  
Scientific Organizations ◽  
Points Of View ◽  
Scientific Results

The article discusses the study of the legal status of collective subjects of scientific activity. The relevance of the research is predetermined by the importance of the qualitative organization of the work of collective subjects of scientific activity in order to achieve the most effective scientific results. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including comparative legal and formal legal. The formal legal method makes it possible to analyze the legal terminology on the research topic above. The method of comparative legal research allows us to compare different points of view and highlight the main problems of legal regulation of collective subjects of scientific law. The research includes three main stages: (1) – terminological analysis of the terminology used by the legislator; (2) – critical analysis of the legal definitions proposed by the legislator and the identification of the problems of legal regulation arising in this connection; (3) – comparison of controversial opinions and determination of ways to improve scientific legislation. The main problems identified are the uncertainty in the delimitation of the statuses of related collective subjects of scientific work, as well as the mixing of scientific and educational functions of these organizations. As a result of the study, the authors have come to the conclusion that it is necessary to improve legislation aimed at regulating the legal status of scientific organizations and other collective subjects of scientific law.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

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