scholarly journals PROTOCOL OF AUTHENTICITY TO PROVIDE LEGAL SECURITY IN E-CONTRACTS - A Prototype

Keyword(s):  
2020 ◽  
Vol 7 (2020) (2) ◽  
pp. 1-11
Author(s):  
Milson Xavier ◽  

he Coronavirus pandemic that spread around the world in the first half of 2020 brought impacts to society that will be registered for an extended period. In this paper, the effects showed an impossibility to maintain the progress of mineral research made by professionals in the academic and scientific areas. In an attempt to find justifications in the legal order of the mineral industry, to continue the work, it was faced with imposing environmental legislation that made a claim even more difficult. It was found that the Mining Code in place no longer regulates the activities of extraction of mineral specimens for museums, educational establishments and other scientific purposes. This left the legal security tied only to the interpretation of legal provisions in articles of the code and its regulation, as well as procedure manuals for environmental inspection bodies, and therefore, subject to the consequences of legal disputes with final decisions in higher courts, given the claim of superiority of the environmental issue over mining. Keywords: Coronavirus, pandemic, environmental legislation, mining code


2017 ◽  
Vol 97 (3) ◽  
pp. 387-407 ◽  
Author(s):  
T. Molleman ◽  
A. A. van den Hurk

According to national and international inspectorates, considerable differences are found in the implementation of prison sentences within countries. This is not only problematic for the legal security of society and inmates, prison organizations themselves do not know exactly for what they are deemed responsible. Although key goals of imprisonment may be clear, complex ambiguities seem to be at work. We scrutinize the specific situation of the Dutch prison system to show how implementation differences can arise within a seemingly detailed regulatory framework. Furthermore, some international comparisons are provided as well as some directions to solve the ambiguities.


Author(s):  
Vasyl Ya. Tatsii ◽  
Yevhen M. Bilousov ◽  
Daryna S. Kosinova

The purpose of this article is to address current issues of doctrinal and legal security of economic security of the state with the actualisation of issues concerning the relationship between the concepts of “economic security” and “economic sovereignty” in their relationship and mutual understanding. The authors pay attention to the analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of “economic sovereignty”, clarify its main features, analyse the scientific approaches of domestic and foreign researchers to define the concept of “economic security” and on this basis own vision of the instrumental content of these definitions. It is argued that the concept of “economic sovereignty” is primary in relation to the concept of “economic security”. The article examines the national systems (models) of economic security of the state, including, in particular, American, Japanese, Chinese, models of institutional entities (in particular, the EU), models typical of countries with economies in transition. The authors found that Ukraine is characterised by a system (model) of economic security of countries with economies in transition, which is fragmented and inconsistent in its construction, which ultimately affects the state of economic security of the state as a whole. It was found that the main goal of Ukraine at this stage of its development in the context of building a national model of economic security is to create an effective system of means to overcome or minimise existing or potential threats, especially in the context of globalisation of trade and economic relations. The paper emphasises the need to borrow positive foreign experience of legal support of relations for the creation and implementation of national systems of economic security of the state to gradually transform Ukraine into an important participant in the processes of international economic security


1975 ◽  
Vol 15 (2) ◽  
pp. 133-146 ◽  
Author(s):  
Adrienne Van Till-D'Aulnis de Bourouill

Life and death are defined in terms of function. Four groups of abnormal cases of death are specified and differentiated from normal cases. Murder, active euthanasia and cessation of artificial respiration are differentiated on the basis of the interested party, the cause of death and the purpose of the act. Juridical acceptance of this differentiation and terminology makes cessation of artificial respiration lawful, provided the patient had validly refused this treatment or is irreversibly comatose and also respirator-dependent. This would make it unnecessary to redefine death in terms of coma in order to solve legal and practical problems. Such a redefinition is against current usage (coma presumes life) and is the first step on an extremely slippery road; it is only admissible if done by the legislator after extensive public discussion. Disagreement among doctors about the definition and diagnosis of death causes distrust among the public, aggravates the shortage of donor organs and makes legal security an illusion. Three diagnostic ‘schools’ are compared: the Anglo-American (using Harvard's criteria), the French (using Mollaret's coma dépassé) and the Austro-German (using absence of intracranial blood circulation). On grounds of logic only the Austro-German diagnosis is reliable; it is not based on a statistically irreversible absence of outwardly perceptible manifestations of brain function, but proves and documents with certainty the total and irreversible impossibility of brain function. At present this has to be done by bilateral angiography of both carotid and vertebral arteries; if negative concerning the intracranial part, this proves death. In normal cases the traditional criteria may be used; in abnormal cases where no infringement of the body is foreseeable death need not be a certainty in order to stop therapy, provided the patient is irreversibly comatose and also respirator-dependent; in abnormal cases where an infringement is foreseeable death should be proved and documented to make the infringement lawful, apart from other conditions such as consent. Proof can be obtained by the Austro-German method or by discontinuing resuscitation during at least 15 consecutive minutes where this is legally permissible. Most German and Dutch lawyers concerned share this view.


Author(s):  
Jorge Núñez Grijalva

In all areas of the legal world there are higher aspirations, which represent legal values to be protected, like the justice, the common good and legal security stand out. The present work was proposed to analyze if the Ecuadorian Legislator, in its process of construction and promulgation of the criminal law regulating against the unfair competition, incorporated these three values into it. Regrettably, the results show an apparent absence of the three legal values in criminal law, leaving legal operators at a disadvantage in view of the need to control this type of crime and society, awaiting compliance. Through an exercise of legal hermeneutics, the study starts from a real problem in the Ecuadorian legal system of the criminal law against of the unfair competition, which demands to be discussed in the search for the State to take the necessary measures to solve this problem.


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