scholarly journals LEGISLATIVE REGULATION OF INTERNET SPACE IN KAZAKHSTAN: PROBLEMS AND SOLUTIONS

2020 ◽  
Vol 71 (1) ◽  
pp. 676-683
Author(s):  
O. Oshanova ◽  
Keyword(s):  
Information Exchange ◽  
Self Regulation ◽  
The United States ◽  
Legal Regulation ◽  
Point Of View ◽  
Virtual Space ◽  
The Internet ◽  
International Regulation ◽  
Problems And Solutions ◽  
Legitimate Interests

In the article raises the actual issue of legal regulation of the Kazakhstan Internet space. The author examines the issues of combining the methods of legal regulation and self-regulation on the Internet.Prospects of soft law in the international regulation of the Internet, in countries such as the United States, Britain and Russia are assessed from different points of view. Especially the author draws attention to such topics as terrorism, pornography and encroachment on the honor and dignity of citizens.The relevance of this topic is expressed in the fact that, the Internet is still not sufficiently regulated from the legal point of view. The constant increase in the number of subscribers and the growing importance of information exchange through the Network attract the public's attention to the problems of regulation, the development of rules for the fair, legitimate functioning of the Internet by the state. Internet legislation is a set of laws, other normative acts (national and foreign states) which are regulating relations in the virtual space of the Internet. As an Internet relationship is considered only those relations that are connected with the social and legal regulation of the virtual space that is with the regulation of this space on the basis of the norms of law, morals, ethics and other means.The main problems of legal regulation are related to the order and conditions of the use of telecommunications networks and protection of the rights and legitimate interests of various entities during the transfer of information in global computer networks. There is a need to develop an adequate national legislation with all modern requirements, moreover in existing laws on the legal regulation of the Internet space in Kazakhstan prescribed severe penalties, and they haven’t an alternative solutions. This issue causes criticism of both among professional journalists and among the public.At present, the domestic information legislation of Kazakhstan and other countries are very extensive. However, it is still far from perfect and requires working out and adoption of new acts.

Implementation of Privacy Protection Policies

2011 ◽  
pp. 187-204
Author(s):  
Noushin Ashrafi ◽  
Jean-Pierre Kuilboer
Keyword(s):  
Private Information ◽  
Privacy Protection ◽  
Census Data ◽  
Self Regulation ◽  
The United States ◽  
Point Of View ◽  
The Internet ◽  
Fair Information Practices ◽  
Internet Industry ◽  
Internet Users

Based on U.S. census data, more than three quarter of Internet users are concerned about having control over the release of their private information when using online services. To ease consumers’ concerns, the Internet industry has come up with self-regulatory practices. The effectiveness of self-regulatory practices and the commitment of the Internet industry to online privacy are yet to be evaluated. The questions regarding self-regulation, what it means from the industry point of view, and to what extent it is implanted remains unclear. This study is exploratory in nature and attempts to examine privacy issues in the context of fair information practices and how they are perceived and practiced by the top 500 interactive companies in the United States. Our results confirm that most companies ask for consumer trust by claiming benevolence. However, they fall short when it comes to costly implementations of comprehensive privacy protection policies.

Assisted-living for older people in Israel: market control or government regulation?

2003 ◽  
Vol 23 (6) ◽  
pp. 779-795 ◽  
Author(s):  
ISRAEL DORON ◽  
ERNIE LIGHTMAN
Keyword(s):  
Older People ◽  
Assisted Living ◽  
Government Regulation ◽  
A Priori ◽  
Self Regulation ◽  
Legal Regulation ◽  
Rapid Expansion ◽  
Assisted Living Facilities ◽  
History Of ◽  
Legitimate Interests

In recent decades there has been a rapid expansion of assisted-living facilities for older people in many different countries. Much of this growth has occurred with only limited or no government regulation, but many problems have arisen, typically around the quality of care, which have led to demands that governments act to protect vulnerable residents. This paper examines whether formal legal regulation is the optimal policy to protect the needs and rights of frail residents, while respecting the legitimate interests of others, such as operators and owners. It presents the case for and against direct legal regulation (as in institutions), and suggests that no overall a priori assessment is possible. The analysis is based on the case of Israel, where proposed regulations for assisted-living have been introduced but not implemented. After a brief history of assisted-living in Israel – its recent dramatic growth and why this occurred – the paper concludes that formal direct regulation is not the best route to follow, but that the better course would be to develop totally new ‘combined’ regulatory legislation. This would define the rights of residents and encourage self-regulation alongside minimal and measured mechanisms of deterrence. Such an approach could promote the continued development of the assisted-living industry in Israel and elsewhere, while guaranteeing that the rights, needs and dignity of older residents are protected.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

International Regulation of the Internet

2019 ◽  
Author(s):  
Antonio Segura Serrano
Keyword(s):  
International Law ◽  
New Technology ◽  
Legal Framework ◽  
Point Of View ◽  
The Internet ◽  
Internet Governance ◽  
Public And Private ◽  
International Regulation ◽  
Long Run ◽  
Human Rights Norms

The international regulation of the Internet may be understood in two different ways. From a narrow point of view, it may be conceived as equivalent to Internet governance, i.e. comprising exclusively the institutional arrangements that enable the Internet to function. From a comprehensive point of view, it may be interpreted more widely, including all sectors and areas where international law rules that intersect or interact with the Internet may be found. The Internet is a pervasive network that nowadays touches upon the lives of public and private actors. This article aims to present an account of the many domains in which international regulation may be found or may be needed if universal or community interests are to be protected. If although state practice and the codification of international law rules regarding the Internet are now in flux, due to the unwillingness of states or, in other words, the impossibility of finding universal consensus on the matter, it is possible to identify areas in international law that already apply to online activities. To be sure, this use is in many instances a difficult one, as this new technology challenges the extant legal framework. But today the applicability of international law to activities carried out with respect to the Internet is not only possible, it is also necessary as this new medium is truly global. Even though if there is not a new demos, or because of that, international law rules in the traditional sense are needed to solve the new challenges. This is why traditional doctrines on jurisdiction and state responsibility, together with cybersecurity rules (warfare is not the object of this contribution), have been put to work, with adjustments necessary to make their functioning appropriate to the new circumstances. Furthermore, taking into account the reinforced role of nonstate actors in this field, international cooperation is needed to address the problems of cybercrime, cyber espionage, and cyber terrorism, although in this the latter is not as ubiquitous as the former. Moreover, international human rights norms must be confirmed with respect to the Internet, as those rights are exposed to the same risks, if not more, by state activities as in the real world. Finally, the issue of Internet governance as addressed in this article is treated as one in which it is necessary to ensure in the long run that this new medium is organized following the principles of democracy and inclusion.

PECULIARITIES OF DEVELOPMENT AND LEGAL REGULATION OF ACTIVITY OF STATE-OWNED ENTERPRISES IN RUSSIA IN THE 17th – THE 21st CENTURIES

2018 ◽  
pp. 149-154
Author(s):  
Denis Viktorovich SHEPELEV ◽  
Dina Viktorovna SHEPELEVA
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Domestic Legislation ◽  
Regulation Of Activity ◽  
Legal Structures ◽  
Legitimate Interests ◽  
Modern Economic ◽  
Commercial Organizations ◽  
State Defense

The peculiarities of the historical way of development of state-owned enterprises and the expression of their legitimate interests in obtaining profit are considered. That acquires the actual aspect taking into account modern economic realities and market conditions. The development of social values that make up the legal culture of society is dynamic with the market and economy development. The existence on the market of such public legal structures as state-owned enterprises allows the state simultaneously to make profit and realize specific, sometimes unique goals and objectives, such as the implementation of separately subsidized activities, chemical and military industries. By their legal nature, state-owned enterprises have the purpose of making a profit and are commercial organizations. The concept of “state-owned enterprise” had not been directly fixed in the domestic legislation until the adoption of the Civil Code of the Russian Federation. Such formulations as “state-owned factories”, “state-owned plants” were typical for state-owned enterprises in the pre-revolutionary period. In this regard the use of the term “state-owned enterprises” was applicable to all state-owned industry. In Soviet legislation the term “enterprise” was used without specifying the characteristics that reflect their state nature. It is concluded that the historical way of state-owned enterprises formation in Russia has passed a rather long and complicated process from the point of view of ownership, but the essence and historical purpose of the creation have not changed – it is the state defense and industry maintenance.

Free Speech in the Balance: An Examination of Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme for its Bearing on Conflict of Laws, Global Free Speech, and the International Regulation of the Internet

Global Jurist ◽  
2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andrew J. Ziaja
Keyword(s):  
United States ◽  
Free Speech ◽  
The United States ◽  
The Internet ◽  
International Regulation ◽  
Conflict Of Laws ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Transnational Communication ◽  
Communication Calls

The global proliferation of the Internet, given the ease with which it permits transnational communication, calls into question the applicability of traditional territorial legal systems in governing its use. Conflict-of-laws instruments and the regulation of speech are two thorny areas of concern in this vein that interrelate in a 2006 case before the Ninth Circuit Court of Appeals in the United States, Yahoo! Inc. v. La Ligue Contre Le Racisme et L’Antisemitisme. Yahoo! offers an entry point, through its bearing on conflict-of-laws and freedom of speech jurisprudence, into examining the appropriateness of traditional legal schemes to the task of regulating Internet-enabled conduct. Focusing on the substantive issues in Yahoo!, this paper takes up the adequacy of traditional conflict-of-laws instruments as regards Internet-enabled conduct, possible alternatives to the use of conflict-of-laws instruments to regulate Internet-enabled conduct, the applicability and weight of the French law against the First Amendment in a United States court, and, finally, the possibility of developing a common core of global values regarding speech on the Internet.

THE INTERNET IN A CIVIL SERVANT`S LIFE

2017 ◽  
Author(s):  
Liudmyla Telizhenko ◽  
◽  
Dmytro Murach ◽  
Keyword(s):  
Social Media ◽  
Social Space ◽  
Civil Servant ◽  
Legal Regulation ◽  
Private Life ◽  
Civil Servants ◽  
Virtual Space ◽  
The Internet ◽  
Web Space ◽  
The Web

The article is dedicated to the analysis of negative aspects of the use of social media in civil service and the substantiation of the necessity of legal regulation of civil servants’ conduct in the web space. It is mentioned that the Internet virtual space has become another new place of life of a contemporary human and a civil servant as well. Like in physical and social space, a human is able to act, be active, influence the situation and other people while equally depending on their reverse influence. This requires greater responsibility from civil servants for the content of their posts and the information shared by them on social media as well as understanding that contacts established there shall still obey the law and the rules of virtual life. Emphasis is put upon the necessity of civil servants’ considering of the specific nature of social media that can constitute certain dangers. It becomes possible to invade their professional and private life, their personal data; they may be blackmailed, put under political pressure and so forth. Focus is placed on the absence of proper regulation of civil servants’ ethical conduct in the web space by the state. At the same time, the article shows international experience in the matter of regulation of a civil servant’s socialization in the web space. The authors examine foreign legislative acts regulating the particular question of the interaction of a civil servant’s real and virtual life. This leads to the conclusion about the advisability of the introduction of special recommendations or an ethical code which would regulate the rules of conducting civil servants’ web life. It is also emphasized that the implementation of the corresponding rules of British legislation into Ukraine would become a significant step to resolving civil servants’ web problems.

FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE FIGHT AGAINST FAKE NEWS

2021 ◽  
pp. 154-164
Author(s):  
Anna S. Zueva ◽  
◽  
Liana A. Makaeva ◽  
Keyword(s):  
Public Relations ◽  
Positive Impact ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
The Internet ◽  
Negative Consequences ◽  
Fake News ◽  
Significant Information

The article describes the role of the Internet in the modern information society. The negative consequences of the openness of this information and telecommunications network are studied. The paper also substantiates the consequences of the activities of anonymous users who commit offenses. The authors consider the experience of combating fake news in developed countries (Great Britain, Germany, France) and emerging markets (Brazil, Venezuela, Egypt, Qatar, China, Singapore, Turkey). Special attention is paid to such a new phenomenon in the field of spreading false information as "deepfakes". As a result of a comparative legal analysis of regulation in the field of countering the publication of information that does not correspond to reality in online publications, it is concluded that many countries have realized the importance of the threat of spreading fake news. Foreign legislation is formed from the point of view of creating preventive measures in the field of dissemination of unreliable socially significant information. In addition, the authors of the study noted that the adoption of legal measures to combat the spread of fake news at the national level helps to minimize the negative socially significant consequences of the activities of offenders. From this point of view, these actions are absolutely justified and have a positive impact on the regulation of public relations on the Internet.

Intelligent Business Portals

2005 ◽  
pp. 1584-1590
Author(s):  
Xue Li
Keyword(s):  
Communication Networks ◽  
Information Exchange ◽  
Data Communication ◽  
Point Of View ◽  
Just In Time ◽  
The Internet ◽  
Information Carrier ◽  
Business Applications ◽  
Business Information ◽  
The Right

Business Portals are now widely used in e-commerce. Intuitively Portals can be regarded as an information gateway for exchanging business information over the Internet. The process of business information exchange requires the services of security and access control, interoperability over a variety of software of platforms and systems, interconnectivity for communications among different data communication networks, and scalability for information being sharable on different hardware devices. So, portals can also be regarded as an information carrier for delivering the right information to the right user, at the right time, to the right place, to make the right decisions. A portal is a packaged piece of information with the properties of self-servicing, personalization, and real-time delivery. From a business point of view, a portal is a mobile, self-explanatory, and just-in-time delivered piece of information. In e-commerce, business information is a set of time-stamped transactions that can be triggered by events in business activities. This article will illustrate and explain the architecture of intelligent business portals for Web-enabled business applications.

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