THE LEGAL REGULATION OF E-GOVERNMENT FORMATION

2021 ◽  
Vol 65 (04) ◽  
pp. 219-222
Author(s):  
Elmira Elmar Hashimova ◽  

Analyzing the interaction between e-government and citizens in Azerbaijan, it is possible to observe large-scale socio-cultural changes in the lives of the population under the influence of the information society. Although the principles announced at the beginning of the e-government path were far from the real situation, later regulatory frameworks were established, multifunctional centers were established, various e-government regulations for development and implementation, integration of state information systems to develop and expand domestic and international cooperation. Involvement of the population in management processes and cooperation with the state with the help of information and communication technologies began to create a wide range of opportunities. The article examines the legal basis for the formation of e-government, reflects the status of e-government, e-signatures, e-services provided to citizens by the State Agency for Citizen Services and Social Innovations. Key words: e-signature, research concepts, decree, electronic document, state agency, state program, e-government portal

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.


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.


2021 ◽  
pp. 80-100
Author(s):  
V. M. NOVIKOV

There is a steady trend in the wide range of literature on the study of institutions: the definition of theoretical judgments often does not coincide and is not combined with the definition of general connections and patterns, which leads to ignoring the principle of systematic analysis of socio-economic processes. Indirectly, this means the priority of the random (individual) over the whole and general. Meanwhile, the concept of an institution correlates with the specific content of a phenomenon or process and is supplemented by a generalized and systematic approach. The study of such an urgent problem of the market economy as institutional choice through non-profit organizations requires the extension of the analysis not only to governmental but also to non-governmental structures, which are an element of the whole. In this regard, the article provides a historical overview of the development of nonprofit organizations and charitable activities as a large-scale social phenomenon, which made it possible to draw attention to the possibility of using the experience of past years for the purposeful organization of non-state institutions of charity, including by improving social partnerships. Analysis of the current state of non-profit organizations in Ukraine, despite the growth in their number, shows a decrease in the volume of charitable activities. In recent years, the country has taken certain steps to improve charity. However, this is not enough. The institutional environment for philanthropy needs to be improved. The solution to this problem is possible with the active influence of the state on the management of non-commercial activities. Improving the tools of functioning, financing, as well as increasing attention to the development of statistics in this area of activity is considered relevant. In this regard, the purpose of the article is to identify pressing issues and ways to improve charitable organizations. The solution to this problem is possible with the active influence of the state on the management of non-profit activities. The development of the institutional framework of the nonprofit sector of the economy means the improvement of financial reporting, greater openness of charitable organizations, streamlining of their legal relations, liberalized taxation and strengthened control over the activities of non-profit organizations. The article pays special attention to the problem of accumulation and distribution of charitable funds. The potential of charitable organizations can be expanded by shifting the focus of their regulation away from predominantly corporate to regional administration, which increases the importance of the institution of partnership in the development of charity. The article uses historical and logical methods, which allowed to study the formation and development of non-profit organizations in the evolutionary aspect.


2020 ◽  
Vol 16 (1) ◽  
pp. 21-32
Author(s):  
Vyacheslav N. Bobkov ◽  
Natalia V. Loktyukhina

The Object of the Study. Informal employment in Russia, factors affecting the development of informal employment. The Subject of the Study. Socio-economic policy in connection with the development of non-standard forms of employment in Russia. The Purpose of the Study. Developing of proposals for the transformation of socioeconomic policy in the context of the development of non-standard forms of employment in Russia. The Main Provisions of the Article. The main factors influencing the development of non-standard forms of employment are: the development of information and communication technologies and robotics, changing consumer preferences, demographic factors, changing the quality of the workforce, institutional factors, globalization. The proposals on the directions of socioeconomic policy, necessary for a positive impact on the situation with the state and development of precarious work in Russia are substantiated. The objective of such a policy in terms of precarious work is to reduce (reduce to “no”) its risks, expand positive opportunities for the parties to labour relations and society as a whole in the context of the development of the ICT and robotization. Measures are proposed in the field of the “lifelong learning” program, state regulation of the labour market (including in terms of improving the activities of state and non-state employment services, unemployment benefits, electronic personnel management), the development of a social partnership system (primarily in terms of improving activities of trade unions), the development of external institutions affecting the labour market and employment (Tax policy, Informing on the state of legal regulation labor relations). It is advisable to update the National Project “Labour Productivity and Employment Support”, providing for the whole range of issues of promoting productive employment, due to the development of its non-standard precarized forms.


2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.


Legal Concept ◽  
2019 ◽  
pp. 137-144
Author(s):  
Alexey Szydlowski

Introduction: the election law of the US states to date remains insufficiently studied not only in Russia but also abroad. This is due to the fact that the legal regulation of the electoral process in America is attributed to the powers of the states or municipalities, depending on the legal doctrine applied by the state – Cooley Doctrine or Dillon Rule, which objectively imposes a limit on its study and generalization. The purpose of the study is to acquaint a wide range of scientific community with the latest research in the field of the US election law in regard to the first in the domestic law full description of the organizers of elections and referendums at the state and municipal levels in the United States. The author reviews a wide range of regional and local legislation with references to the constitutional, legal and regulatory acts of the US States. The paper is part of a series that explores all fifty subjects of the American Federation and the District of Columbia. Procedure and methods of research: the author analyzes the constitutional and electoral legislation of the United States at the level of Montana at the beginning of 2019. The methodology of the study was the comparative law, formal-legal, formal-dogmatic, specific-sociological, empirical, dialectical, analytical methods, the systematic approach. Results: the information about the organizers of elections and referendums in Montana, which was not previously covered in the Russian scientific literature, is introduced into scientific circulation. The interpretations of certain provisions of the law and legal consciousness of the U.S election law and law enforcement practice are given. The gaps of the legislation requiring additional research are surfaced. The theoretical and practical significance lies in the generalization of both the established and the latest legal sources (constitutions, organic laws, federal laws, charters, by-laws and regulations) of the United States and the subject of the American Federation and the development of proposals for the enrichment of the Russian science and the formation of objective understanding of the processes taking place in the United States in the field of constitutional, electoral law and the state-building. Conclusions: for a systematic and comparative legal analysis the author proposed the review of the legislation on the organizers of elections and referendums of Montana, revealing the existing contradictions, from the point of view of the Russian researcher, which allows considering the full range of elements of the electoral legislation of Montana from a new angle, seeing new legal structures, previously unknown to the domestic statesmen and law enforcers.


Author(s):  
Sergii Gryshko ◽  

The article is devoted to the theoretical substantiation of the conditionality of organizational and economic mechanisms of coordination of interests of the state and territorial communities by the legal mechanism. Based on the analysis of scientific approaches to the concept and classification of mechanisms of public administration in general, the author proposes to ensure the coordination of the interests of the state and territorial communitiesin Ukraine through legal, organizational and economic mechanisms. The scientific publication reveals the content of the legal mechanism for reconciling the interests of the state and territorial communities through such elements as forms and methods of legal regulation. Among the forms of legal regulation of coordination of interests of the state and territorial communities in Ukraine, attention is focused on the Constitution of Ukraine, international acts ratified by the Parliament of Ukraine, competent, general, and sectoral laws of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, and regulations of central and local executive bodies, local self- government bodies, the subject of regulation of which is the status of local state administrations and local self-government bodies, as well as the nature of relations between them. The methods of legal regulation include and characterize the permits, instructions, and prohibitions established for legislative acts, established for local state administrations and local self-government bodies. Taking into account the analysis of forms and methods of legal regulation of coordination of interests of the state and territorial communities in Ukraine, it is set that due to them the organizational and economic mechanisms of coordination of interests arise and are realized. In particular, with regard to the organizational mechanism, the legal mechanism creates such organizational elements as organizational entities, which are local state administrations, local governments, advisory, consultative and other bodies, as well as organizational actions, in particular, conciliation procedures, and for economic determines economic resources such as the order of formation and amounts of budget funds, objects ofstate and communal property rights.


1957 ◽  
Vol 51 (4) ◽  
pp. 976-994 ◽  
Author(s):  
Bernard E. Brown

“On jongle trop avec la structure d'un Pays qui a été, dans le monde, le défenseur de l'individu, de la liberté, du sens de la mesure. Un petit paysan sur sa terre, n'est-il pas humainement autre chose que le chômeur de demain ou l'ouvrier qui sera condamné à fabriquer toute sa vie des boulons?”Le Betteravier Français, September 1956, page 1.Large-scale state intervention in the alcohol market in France dates from World War I, when the government committed itself to encourage the production of alcohol. Two chief reasons then lay back of this decision: a huge supply of alcohol was needed for the manufacture of gunpowder, and the devastation of the beet-growing regions of the north had severely limited production of beet alcohol, thereby throwing the domestic market out of balance. A law of 30 June 1916, adopted under emergency procedure, established a state agency empowered to purchase alcohol. At the end of the war, a decree of 1919 accorded the government the right “provisionally” to maintain the state monopoly. In 1922 the beetgrowers and winegrowers gave their support to the principle of a state monopoly which, in effect, reserved the industrial market for beet alcohol and the domestic market for viticulture. In 1931 the state was authorized to purchase alcohol distilled from surplus wine.


2019 ◽  
Vol 35 (S1) ◽  
pp. 63-64
Author(s):  
Gro-Hilde Severinsen ◽  
Line Silsand ◽  
Anne Ekeland

IntroductionThere are enormous expectations for e-health solutions to support high quality healthcare services, with accessibility, and effectiveness as key goals. E-health encompasses a wide range of information and communication technologies applied to health care, and focuses on combining clinical activity, technical development, and political requirements. Hence, e-health solutions must be evaluated in relation to the desired goals, to justify the high costs of such solutions.MethodsHealth technology assessment (HTA) aims to produce rational decisions for purchasing new technologies and evaluating healthcare investments, like drugs and medical equipment, by measuring added value in relation to clinical effectiveness, safety, and cost effectiveness. It is desired to also apply HTA assessment on large scale e-health solutions, but traditional quantitative HTA methodology may not be applicable to complex e-health systems developed and implemented as ongoing processes over years. Systematic reviews and meta-analyses of these processes risk being outdated when published, therefore action research designed to work with complex, large scale programs may be a more suitable approach.ResultsIn the project, we followed the development of a new process-oriented electronic patient record system (EPR) in northern Norway. Part of the process was structuring clinical data to be used in electronic forms within the system. This was the first time a health region structured the clinical data and designed the forms; receiving feedback alongside the process was very important. The goal was to use structured forms as a basis for reusing EPR data within and between systems, and to enable clinical decision support.DiscussionAfter designing a prototype of a structured form, we wrote an assessment report focusing on designing a methodology for such development, which stakeholders to include, and how to divide the work between the health region and the system vendor. The answers to such questions will have both practical and economic consequences for designing the next phase of the process.


Author(s):  
Mikhail G. Shcherbakov ◽  

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.


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