Voluntary Disclosure of Data to Law Enforcement: The Curious Case of US Internet Firms, their Irish Subsidiaries and European Legal Standards

2020 ◽  
Author(s):  
TJ Mcintyre
Keyword(s):  
Law Enforcement ◽  
Voluntary Disclosure ◽  
Legal Standards ◽  
Internet Firms

scholarly journals Social and Legal Guarantees for the Security and Defense Sector Personnel in the Context of Gender Equality

2019 ◽  
pp. 100-109
Author(s):  
Yurii Dmytrenko
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Gender Equality ◽  
Legal Status ◽  
Scientific Literature ◽  
Active Duty ◽  
Legal Provision ◽  
Gender Policy ◽  
Legal Standards ◽  
Key Words Gender

In the article the nature and content of gender, gender equality are defined on the basis of scientific literature and the acting legal standards analysis, the possibility to implement legal standards of foreign states into the legislation of Uk-raine, the improvement of mechanism as for application of gender equality in Ukraine are studied. Special attention is brought to the creation of effective legal provision and the mechanism of its application in the subdivisions of security and defense sectors of Ukraine. Attention to the disputable problems as for gender equality application in the security and defense sector, in particular as for bringing up to strength special law-enforcement bodies units, airmobile forces, carrying tour of duty etc. is emphasized. Key words: gender, gender equality, legal status, servicewoman, gender policy, active duty, security and defense sector.

scholarly journals ASPECTS OF PROTECTION OF DEVELOPMENT ENTERPRISE’S RIGHTS TO INTELLECTUAL PROPERTY ITEMS

2018 ◽  
pp. 75-81
Author(s):  
A. F. Strakhov
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Russian Federation ◽  
Patent Protection ◽  
Research Development ◽  
Full Extent ◽  
Legal Standards ◽  
Innovative Solutions ◽  
The Russian Federation ◽  
State Regional

When performing research, development, and engineering (RD&E) financed using state, regional, or municipal budget funds, legal relations between a customer and a RD&E contractor with regard to ownership of a created intellectual property are regulated by Part 4 of the Civil Code of the Russian Federation [1]. The intellectual property includes patentable innovative solutions which are qualified as intellectual property items. According to the applicable legal standards and law enforcement practice, patent protection obligations with regard to the created intellectual property items are imposed on the RD&E contractors. However, patent right holders with regard to these intellectual property items are the RD&E customers. As a result, the RD&E contractors face several difficulties, delays, and limitations with regard to patenting the intellectual property items and do not obtain necessary privileges to the full extent in connection with patenting the created intellectual property items. This article analyses the applicable procedure for distribution of the rights and obligations between the contractors and customers of the RD&E with regard to the patent protection of the created intellectual property items. Using experience of JSC Principle Production and Technical Company Granit as an example, a possibility of protecting RD&E contractors' interests by pre-emptive patenting of the intellectual property items prior to RD&E activities start is explained.

scholarly journals Current Trends in Training Forensic Experts in Ukraine

2021 ◽  
Vol 1 (19) ◽  
pp. 25-31
Author(s):  
Oleg Kurdes
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
International Cooperation ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Legal Standards ◽  
Current Trends ◽  
Administrative Legislation ◽  
Forensic Expert

The system of forensic expert training in Ukraine has been considered in detail. Particular attention is devoted to the need to bring the training of state forensic experts and forensic experts who are not employees of state forensic science institution to uniform administrative and legal standards, as well as to existence of outdated norms on training forensic experts, and gaps in legislation that leads to insufficient meeting of the needs of law enforcement agencies and court in objective and high-quality forensic expert conclusions. Analysis of administrative legislation of Ukraine in terms of forensic expert training has allowed to formulate proposals to improve the activity. The focus is the need for further administrative and legal settlement of the issue of international cooperation of state specialised forensic science institution in terms of exchange of trainees with forensic science institutions of other states.

scholarly journals “ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
pp. 84-89
Author(s):  
T. O. Kolomoiets
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Foreign Experience ◽  
Legal Standards ◽  
Foreign Countries ◽  
Broad Approach

The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.

On the concepts of legal standards and substantive standards (and how the latter influences the choice of the former)

2019 ◽  
Vol 7 (3) ◽  
pp. 365-385 ◽  
Author(s):  
Yannis Katsoulacos
Keyword(s):  
Law Enforcement ◽  
Time Use ◽  
Competition Law ◽  
Optimal Choice ◽  
Legal Standards ◽  
Competition Law Enforcement ◽  
Per Se ◽  
The Relationship ◽  
Abuse Of Dominance ◽  
Over Time

Abstract The substantial literature on the optimal choice of legal standards (LSs) in Competition Law enforcement concentrates on the factors that influence this choice given the Substantive (or Liability) Standard adopted by courts and competition authorities (CAs). Generally, this literature assumes that the substantive standard (SS) is welfarist. However, in reality, courts and CAs in different countries and over time use different criteria for establishing liability and, very often, these criteria are not welfarist. This article’s main objective is to clarify the relationship between legal and SSs and show the important influence of the latter on the choice of the former: our analysis shows that while efects-based LSs are compatible with non-welfarist SSs, under the latter courts and CAs will be much more likely to use Per Se LSs. This occurs as under non-welfarist SSs the strength of the presumption of illegality will be higher. This influence may be considered as being mainly responsible for differences in the LSs adopted in European Union and in North America (USA and Canada) or UK, especially in relation to abuse of dominance cases.

scholarly journals The Harmonization of Russian Criminal Legislation on Counteracting Cybercrime with the Legal Standards of the Council of Europe

2020 ◽  
Vol 14 (6) ◽  
pp. 898-913
Author(s):  
Viktor Kirilenko ◽  
Georgy Alekseev
Keyword(s):  
Law Enforcement ◽  
Information Society ◽  
Criminal Behavior ◽  
Information Space ◽  
Economic Damage ◽  
Council Of Europe ◽  
International Consensus ◽  
Legal Standards ◽  
The Creation ◽  
Criminal Legislation

Crimes that happen in the virtual environment created by digital technologies inflict considerable economic damage. Mercenary motives of criminals in the information society are giving rise to increasingly more and more sophisticated methods of abusing the trust of computer networks’ users. The harmonization of Russian legislation on counteracting cybercrimes with the legal standards of the Council of Europe is inevitable due to the trans-border character of crimes committed using information and telecommunication technologies, and to their high public danger. The methodology of researching cybercrime is based on the comparative analysis of Russian law enforcement practice on crimes in the sphere of computer information and the most progressive practices of counteracting cybercrime in the member states of the Council of Europe. The methods of inclusive observation and discursive analysis make it possible to identify latent delicts in contemporary information space. The analysis of criminal legislation and the practices of criminal behavior in cyberspace are aimed at improving the measures of counteracting the violations of fundamental human rights in the process of the digitization of economy, when fraud based on the abuse of network users’ trust becomes the most typical virtual crime. Internet users are interested in reporting the facts of offences in the information space on the condition that the state protects their fundamental freedoms. The creation of closed social networks by criminal organizations and the widening technical opportunities for extortion result in the creation of universal schemes that enrich criminals, who are not only interested in reducing the state’s influence on public relations, but are also trying to establish their dominance in the economic space of information society. The effective policy of law enforcement bodies on counteracting economic crimes in the global information space requires an international consensus regarding the development of public-private partnership in identifying cybercrimes and suppressing criminal practices connected with the use of information technologies.

scholarly journals WAYS TO IMPROVE LEGAL STANDARDS TO COUNTER TRAFFICKING IN HUMAN BEINGS

2020 ◽  
pp. 265-276
Author(s):  
І. І. Гальона
Keyword(s):  
Law Enforcement ◽  
Professional Training ◽  
Theoretical Development ◽  
Free Access ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Legal Standards ◽  
Trafficking In Human Beings ◽  
The Right

The relevance of the article is that the construction of a democratic legal system of Ukraine primarily involves reforming existing legislation, which would really guarantee the inviolability of rights, freedoms and legitimate interests of society and citizens from unlawful encroachments. Implementation of these tasks by law enforcement agencies, which are obliged to use available forces, means and take effective measures to combat human trafficking. The effectiveness of such measures largely depends on the professional knowledge and skills of investigators and operatives who conduct operational and investigative activities and are involved in covert investigative (investigative) activities, especially those committed by members of organized groups and criminal organizations during the pre-trial investigation. misdemeanors and criminal offenses. At the same time, improving the effectiveness of law enforcement agencies in combating trafficking in human beings requires, first of all, a significant improvement of legal norms, first of all, criminal and criminal procedure law, aimed at improving preventive measures of police and investigation and preventive responsibility for these crimes. The purpose of the study is the theoretical development and implementation of effective rules of criminal law in order to successfully prevent and investigate trafficking. It was found that a person who has been granted the status of a victim of trafficking in human beings has the right to personal security, respect, as well as free access to: information about their rights and opportunities, expressed in the language of such a person; medical, psychological, social, legal and other necessary assistance; temporary placement, at the request of the victim and in the absence of housing, in institutions for victims of trafficking, for up to three months, which if necessary may be extended by decision of the local state administration, in particular in connection with participation of a person as a victim or witness in criminal proceedings; compensation for moral and material damage at the expense of the persons who caused it, in the manner prescribed by the Civil Code of Ukraine; one-time financial assistance in the manner prescribed by the Cabinet of Ministers of Ukraine; assistance in employment, realization of the right to education and professional training.

scholarly journals Legal regulation of the institution for changing detention conditions of persons deprived of liberty at the international level

2020 ◽  
Vol 2 (3) ◽  
pp. 145-152
Author(s):  
Sergey Gaykovich
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Legal Regulation ◽  
International Standards ◽  
Stable Set ◽  
Correctional Institutions ◽  
Present Stage ◽  
Legal Standards ◽  
Stage Of Development ◽  
The Republic

The article analyzes international standards in the field of changing the conditions of detention of persons sentenced to imprisonment. Proposals are made to optimize the Institute for changing the conditions of serving a prison sentence in the Republic of Belarus at the present stage. The analysis of international legal standards on the treatment of convicted persons (prisoners) allowed the author to draw the following conclusions. At the present stage of development, the international legal system is an independent, stable set of documents regulating legal relations in the penitentiary sphere. International standards in the field of imprisonment execution is clearly oriented States around the world to broaden the use of the progressive system of punishment is based precisely on changes of detention conditions and correctional institutions based on the behavior of the convicted person while serving a punishment. At the same time, it is pointed out that it is necessary to create conditions for expanding contacts with the outside world of persons serving sentences and maintaining their socially useful connections. The application of certain normative provisions of international standards in the process of changing the conditions of serving a sentence of liberty deprivation contributes to the achievement of the goals of criminal liability. Despite the advisory nature of the main part of international documents, the compilation of best practices and clarification of individual issues contributes to a uniform approach in law enforcement activity. In order to improve the efficiency of the penal system of the Republic of Belarus, it is rational to move from the recommendatory nature of the considered international standards to their mandatory implementation in law enforcement. This approach will definitely not entail significant material costs for the state, and the achieved results will undoubtedly contribute to improving the effectiveness of social adaptation and reintegration of convicts into society, strengthening the rule of law in correctional institutions and humanizing conditions of detention. The obtained conclusions can be used for further implementation of the requirements of the Penal Code, as well as the Development Concept of organizations of the penitentiary system and medical and labor dispensaries of the Ministry of Internal Affairs of the Republic of Belarus.

Controlling the Law: Legal Pluralism in China's South-West Minority Regions

2018 ◽  
Vol 236 ◽  
pp. 1154-1174
Author(s):  
Katherine P. Kaup
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Customary Law ◽  
State Law ◽  
Legal Standards ◽  
South West ◽  
Long Run ◽  
Local Officials ◽  
Minority Regions

AbstractMillions of China's ethnic minority citizens remain subject to competing legal standards, even as state officials strive to strengthen a unified notion of state law. Minority customary law continues to bind many minority citizens in both civil and criminal arenas and often conflicts directly with state law. What happens when these laws conflict? Based on fieldwork in Yunnan, this article shows how local officials and communities navigate legal pluralism and what legal and policy provisions guide them. Granting local judges discretionary authority to set aside state law in favour of customary law, although seemingly undermining law enforcement, may in the long run be the best path to strengthening rule of law in China's minority regions.

Capital amnesty and law enforcement intelligence operations: implementation of a complete prohibition

2020 ◽  
Vol 2020 (4) ◽  
pp. 152-163
Author(s):  
Dmitriy Kol'cov
Keyword(s):  
Law Enforcement ◽  
Voluntary Disclosure ◽  
Private Property ◽  
Legal Protection ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Regulation Mechanism ◽  
Search Activity ◽  
Intelligence Operations ◽  
The Mean

The article deals with issues relating to the implementation, in theory and practice, of the “complete prohibition” as the mean of legal regulation used within operational-search activity. The legislator introduced this mechanism in the framework of the Russian President’s initiatives on capital amnesty and relevant solutions aimed to ensure legal protection of private property interests of those who take part in voluntary disclosure of assets, of their confidential information, and to guarantee their exemption from criminal, administrative and tax liabilities. The issues covered by the article are analyzed basing on theoretical surveys on operational-search activity, as well as on their current regulatory framework and related corresponding criminal sciences. The article specifies and classifies provisions of the complete prohibition of operational-search activity in respect of the considered categories of individuals. In conclusion, the practical challenges of this legal regulation mechanism are examined and the ways to tackle them are suggested.

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