ESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY

The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.

Modeling legal regulation in the field of legal innovations sustainable development in the agribusiness national projects implementation

Purpose: The purpose of this work is to study the patterns of legal regulation of public relations in the implementation of strategies and concepts related to improving the institutions of state and law in the field of ensuring the security and rights of citizens. Design/methodology/approach: The methodological basis of the research was made up of general scientific and private scientific methods (comparative-legal, statistical and the method of expert assessments). Findings: Failure to comply with the requirements of modeling the target system, forces and controls and predictable indicators has a negative impact on the level of legal technology of modern legislation, the uniformity of legal practice, the implementation of general legal principles, the effectiveness of institutional mechanisms that guarantee compliance with the requirements of the law, the inevitability, proportionality and fairness of measures of responsibility for their violation. Originality/value: Particular attention should be paid to improving Russian legislation, unswerving observance of the principles of social justice, equality before the law and the court, increasing the efficiency of the activities and authority of state bodies and officials, in connection with which we consider it timely and expedient to adopt the Concept of ensuring the rule of law in the Russian Federation.

Legal and Technical Defects of Constitutional Amendments of 2020

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.

The Standard Charter of a Municipality As a Means of Legal Technique

Introduction: the constitutional changes open a new round of scientific discussion about the place of municipal power in the system of separation of powers. Municipalities are experiencing a shortage of resources. Despite this, they are responsible for the development and adoption of statutes. The work is based on the hypothesis that the use of standard charters allows for more efficient use of the resources of municipalities and the improvement of the quality of the legal text. Purpose: to determine the possibility and necessity of using standard charters of municipalities. Tasks: to establish a link between the resources of a municipality and the effectiveness of its lawmaking; to analyze the examples of standard charters of municipalities; to predict the effect of the application of standard charters; to develop a roadmap for the implementation of standard charters. Methods: analysis, comparative law, predictive, statistical. Results: law-making is very burdensome for small municipalities, and the existing easing is insufficient. In foreign legislation, Russian and foreign practice, standard charters are used to save the resources of municipalities. The mechanism of standard charters has signs of smart regulation. There are two types of standard documents: template documents and model documents (actually standard documents). Conclusions: a comparison of the resources of the municipality with the scope of its rights and obligations revealed an imbalance in the legal regulation of municipal law-making. The model charters of municipalities allow us to solve this problem to some extent. We have proposed concrete steps for the legislative implementation of the legal mechanism of model charters in the digital economy. The analysis of the results of this project may confirm or refute the nature of the model statutes as a manifestation of smart regulation. In the course of the research, the author concluded that the topic of standard documents is not sufficiently studied in the science of legal technology. To eliminate this gap, it is necessary to define the concept and features of standard documents, their place among the tools of legal technology. The study of model documents is particularly important in the light of the upcoming spread of machinereadable law.

AI-based Legal Technology: A Critical Assessment of the Current Use of Artificial Intelligence in Legal Practice

In recent years, disruptive legal technology has been on the rise. Currently, several AI-based tools are being deployed across the legal field, including the judiciary. Although many of these innovative tools claim to make the legal profession more efficient and justice more accessible, we could have seen several critical voices against their use and even attempts to ban these services. This article deals with the use of artificial intelligence in legal technology and offers a critical reflection on the current state of the art. As much as artificial intelligence proved that it could improve the legal profession, there are still some underlying risks connected to the technology itself, which may deem its use disturbing.

On the polysemy of the concept of “fiction” in the language of law

The article substantiates the idea that one of the factors of the development of legal science, in particular legal technology, is the degree of development of its categorical and conceptual apparatus. As one of the reasons preventing its formation is called inherent in any language property - polysemy. On the example of studying such a category as fiction, refracted through the prism of law, the negative consequences caused by its ambiguity are demonstrated. It is concluded that there is a need for a clear distinction between the existing meanings of words in the course of the formulation of special legal terms.

The Value of Data Driven and Human Centered Approaches in Legal Technology Startups

Through interviews, this research investigated the business logic of two legal technology (legal tech) startup companies and revealed the crucial value of human-centered thinking for technological innovation. In this research, the social values of technological innovation are described from the humanistic perspective. Based on the practical achievements of the companies, a new humanistic dimension was verified, which involved combining technological innovation and a human-centered path and adopting altruistic thinking, which was of great value in traditional thinking. Such practice contributed to the companies' achievements and carried profound significance to artificial intelligence (AI) development in the age of big data. Moreover, incorporating human-centered into businesses is crucial in controlling the use of AI to prevent the possible social destruction caused by AI applications. This research maintains that an approach combining data-driven and human-centered thinking is based on technological advances and social influences.

New skills for the 21st century lawyer students

For the future lawyer digital skills will become valuable, but at the moment there are few opportunities to acquire advanced digital skills through the master’s of law programme at the University of Oslo. One new elective course, “Legal Technology: Artificial Intelligence and Law”, have experimented on how different advanced skillsets can be achieved in a short period of time. In this paper we present our findings and experiences when library and technical staff from the University of Oslo worked together with the Faculty of Law, in developing a non-mandatory law-AI boot-camp.The AI boot-camp had six lectures and workshops and gave a practical view on AI and technological skills. Three lessons on python were given by the company Synch Law1 and library staff. The library gave the second lesson on python trying out a carpentry approach. There was also one workshop about Design Thinking (Brown, 2009) given by the library, and Microsoft gave one lecture about AI and the Azure platform. The last lesson was about digital mentoring held by one of the course tutors.The library had already worked on the use of AI at the University (Gasparini et al., 2018), but not in the context of legal education. By challenging the law students with different innovative practices, we observed that a deeper understanding of AI and technological skills emerged. The law students became more creative when they were exposed to multidisciplinary methods (Seidel & Fixson, 2013).Our findings support the new role the library can have as a partner when new forms of learning and knowledge are created. The library possesses a range of new competencies needed at the University. However, there should be more cross departmental collaboration.

LEGAL TECH IN LEGAL EDUCATION: GLOBAL PERSPECTIVES AND CHALLENGES FROM THE LATVIAN - UKRAINIAN EXPERIENCE

The paper examines legal rules covering the legal industry and the field of legal education against the background of fast-growing innovation technology and it’s influence. The field of legal education faces with several transformation processes. Thus, educators should be ready to prepare law students for innovations in the legal field as well. The era of legal technology (or “Legal Tech”) is becoming a crucial element of modern lawyers. According to several reports, Legal Tech brings new trends for a lawyer. Such profession faces new challenges, therefore from the educational point of view it is important to prepare students for those changes. The work on national and global level in the field of policy planning documents is needed. Authors found out that nowadays legal education has a weakness that relates to insufficient cooperation with such vital elements as technology and innovation. Law science and technology cannot be considered separately taking into account changes in the global disciplines. Legal Tech in the legal education system can be implemented on several educational levels. Legal Tech education should take part on university level to instill in young lawyers a taste for progressive technologies from the student's bench.

Building a secure and legal file sharing system using JXTA platform

File sharing is one of the most popular applications in peer-to-peer networks where there is no control over what the peer can download or upload. This explains why file sharing got a high percentage of the overall internet traffic. Although file sharing is a legal technology, many users use it to share copyrighted materials and that's why many applications have been sued and shut down. In this thesis we will build a secure and legal file sharing system using Java bindings of JXTA protocols. The application security is derived from using digital certificates signed by a server peer who acts like a certificate authority (CA), all communications are encrypted using these digital certificates. The legal side is derived from the fact that each peer has a tokens account that will be updated and signed by the server peer only. The downloading peer has to pay some tokens for downloading a file to the uploading peer who then contacts the server peer to credit its commission from that payment. The server peer is the only one who can cash those payments to make the system forgery protected. The interaction between peers and the server peer could be on monthly basis so peers can download and upload files easliy and without the presence of the server. At the end we analyzed the security aspects and show how the implementation deals with most known peer-to-peer threats.