Lex Humana (ISSN 2175-0947)

INFORMATION SECURITY OF THE STATE

Sun, 10 Dec 2023 00:00:00 +0000

The scientific study of the motives, the degree of necessity, and the criteria of sufficiency of state information security included several research areas. First of all, the authors established that state information security is a component of the national security of any country. This part of the work of state bodies has a regulatory and normative basis, a developed professional apparatus, and institutions that collect and disseminate information. Since the beginning of the development of digital technologies in the late XX - early XXI century, the world has experienced an information revolution. This revolution was made possible by the invention of the Internet and the expansion of the sphere of influence of actors on society and its interests, as well as on the perception of reality. The study establishes the chronology of the formation of information threats to the country and society by creating a model of growing danger and, accordingly, the reaction of the state and law enforcement agencies to increasing problems in an information space. The article identifies the motives for the formation of events defined in space and time due to information noise, information chaos, information fake, information warfare, and information terrorism. The authors outline the criteria for responding to each level of information threat with appropriate actions. In addition, they identify the requirements for the sufficiency of the state's response to information threats of various kinds, taking into account the following principles: legality, the primacy of international law over national legislation, property rights in the process of ensuring information security, economic feasibility of database protection, impartiality, and continuity. The level, scope, and extent of the state's defense of its population and society is still controversial. This can violate the rights and freedoms of people and citizens established by the state. The study was conducted using general and special methods. The general methods used include the dialectical method, which is based on fairness, comprehensive research, and the use of the systematic nature of scientific knowledge; the logical method in presenting materials; the functional method in combining parts of the study with its main topic; the systemic and structural method in forming integral parts of hypothesis proof. Special methods of scientific knowledge include: historical method when studying the sequential development of information threats; the method of system analysis when comparing information threats and the state response to their elimination; generalization of regulatory and practical materials when conducting research.

CORRUPTION AND ITS CONSEQUENCES FOR SOCIETY

Volodymyr Kliushyn, Andrii Shevchuk, Tetiana Malakhova — Sun, 10 Dec 2023 00:00:00 +0000

Political, economic, social and cultural factors determine the level of perception and corruption in the country by social groups. Therefore, the study of this phenomenon should be conducted taking into account the factors outlined. The purpose of the academic paper is to study and analyze the consequences of corruption for societies in key dimensions: political, economic, and socio-cultural. Methodology. The method of systematic analysis is used in the academic paper to identify general corruption trends in the world and in the countries of Eastern Europe and Central Asia, taking into account the growing corruption risks due to the war in Ukraine. The consequences of corruption are considered in the following dimensions: political, economic, and social. Initially, the authors analyze the dynamics of the Corruption Perceptions Index in 2018-2022. The following indicators were used to evaluate corruption: Political Corruption Index, Legislative Corruption Index, Public Sector Corruption Index, Executive Corruption Index, Judicial Corruption Index, and Corruption Decisions of the Judiciary. The results of analyzing the perception of corruption and political corruption in the EECA region demonstrate the lack of dynamic changes in countering and preventing abuse of power. Throughout 2012-2022, a stable value of the Corruption Perceptions Index (34,5 - 35 points) and political corruption (0,5 points on a scale of 0 - 1) was observed in the region. The highest level of corruption was detected in the judiciary, with the executive branch of government in second place. An average level of corruption has been identified in the public sector as a whole. The experience of EECA countries demonstrates the correlation between political corruption and the development of civil society, the average level of citizen participation in political life, and particular restrictions on rights and freedoms. The Civil Liberties and Civil Society Participation Indices are still at the same level as the Political Corruption Index. At the same time, in the economic dimension, the dynamics of GDP per capita indicate an increase in the quality of life despite the lack of positive developments in combating corruption. In the social dimension, corruption leads to peaceful protests, increases threats to security and peace, and deepens social inequality among different social groups. The practical significance of the research results lies in formulating recommendations for EECA governments on the digitalization of public services and processes to enhance the transparency of public authorities as a way to prevent corruption.

MANAGEMENT OF ECONOMIC ACTIVITY IN THE CONDITIONS OF MILITARY AND POLITICAL CRISES

Sun, 10 Dec 2023 00:00:00 +0000

The proposed article is devoted to the public administration of economic activity within the context of war and the related political crisis. The relevance of this topic lies in the fact that military conflicts continue to cause significant changes in national and international economic structures, and adaptation to these changes is an urgent task for the government. The article aims to analyze the challenges and strategies for managing economic activity within the context of the military-political crisis. The subject of the study is the public administration system in this challenging period. A set of methods is used to achieve this goal, including comparative analysis and modeling. The study shows that military and political crises require a significant restructuring of the public administration system. Compared to peacetime, the wartime period is characterized by a broader range of tasks that the public administration system solves. They include mobilizing resources, re-profiling manufacturing, stabilizing the economy, ensuring supplies, as well as maintaining social stability and transparency. The lack of flexibility in responding to these challenges can lead to catastrophic consequences. Therefore, business administration should be flexible and creative to adapt successfully to new conditions and challenges. The research findings have significant practical implications, as governments can use them to plan and implement management strategies during a crisis.

LEGAL FRAMEWORK FOR INTERACTION BETWEEN PUBLIC AND RELIGIOUS ORGANIZATIONS AND THE STATE

Sun, 10 Dec 2023 00:00:00 +0000

It has been proven that the Law on Freedom of Conscience regulates the establishment of religious educational institutions, allowing only Republican and local religious organizations to do so following their charters and legislation. These requirements aim to enable state authorities to control the activities of religious educational institutions within the limits of the law. While the law affirms the secular nature of the state education system, it permits disciplines related to the study of the history of world religions, religious morality, ethics, and morals to be included in the curricula of state educational institutions. Teachers of these disciplines are responsible for teaching general education courses. The Law on Freedom of Conscience includes several norms that develop the mechanism of religious education. The Law stipulates that control over the activities of religious educational institutions should not only be exercised by public authorities during the licensing process, but also by the republican religious organization of the respective religion, which establishes expert councils. In this context, the author examines the obligations assumed by the state to guarantee freedom of conscience and religion while preserving the state's right to require every citizen to act within the framework of the law. Religious organizations established by citizens must comply with the requirements outlined in the Law on Freedom of Conscience. For an organization to be recognized as a religious organization, its constituent documents must address issues related to religion, worship, religious rites, as well as religious education and upbringing. A religious organization operates on a charter that is approved by its founders or a republican religious organization of the respective religion, and it must comply with the requirements of civil law. Therefore, it can be inferred that the interaction between state institutions and civil society institutions is crucial for the existence of a rule-of-law democratic state. Civil society institutions serve as partners of the state in the implementation of law-making, law enforcement, and law enforcement functions, and mutual trust is essential for effective cooperation. What is more, public initiative is the key to successful dialogue between the state and civil society institutions.

LEGAL PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE IN THE EUROPEAN UNION

Sun, 10 Dec 2023 00:00:00 +0000

The purpose of the article is to study the current state of legislation, policy, and practice of the European Union Member States in the area of combating domestic violence and protection of its victims, and also to identify and assess possible areas for improving the legal protection of victims. To achieve this goal, the author primarily uses theoretical methods of analysis and synthesis, comparison, regulatory and dogmatic, and systematic methods of legal research. The results show that the basis for effective legal counteraction to domestic violence is international legal instruments which are legally binding. In particular, the Istanbul Convention recognises that domestic violence encompasses all forms of physical, sexual, psychological, and economic abuse that occur within the family or in the place of cohabitation of partners, as well as between former or current spouses or partners, regardless of whether the perpetrator lives or has lived with the victim. At the national level, there is a certain similarity in the functioning of legal provisions in the legislation of EU countries. Particular attention is paid to the isolation of offenders, care for victims, especially children, the possibility of rehabilitation, supervision of offenders, and their integration into society in case of conviction and serving a sentence. The general orientation of the EU legislation is humanistic and aimed at protecting the rights of victims of domestic violence. The conclusions indicate that the regulation of combating domestic violence at the educational level and the protection of victims among migrants requires further research and improvement.

POWERS OF THE NATIONAL POLICE OF UKRAINE TO APPLY POLICE MEASURES

Sun, 10 Dec 2023 00:00:00 +0000

Guaranteeing human rights and freedoms, ensuring national security and law and order, and combating crime are a priority for every European state governed by the rule of law. In this regard, an important role is assigned to law enforcement agencies, which are authorised to restrict the rights and freedoms of persons committing offences on the grounds and in accordance with the procedure provided for by national legislation. One of the stages of law enforcement reform in Ukraine was the creation of the National Police in 2015, which replaced the Soviet punitive police. The police are empowered to apply police measures, the list of which is enshrined in the Law of Ukraine "On the National Police". This article provides a list of police measures, highlights the purpose and procedure for their application in accordance with the law. The problematic aspects of the practical application of certain police measures are highlighted and the ways to eliminate the existing legislative gaps in terms of the possible procedure for the application of police measures are proposed.

THE FORM OF 'IDAH AND ITS LAWS ACCORDING TO THE ISLAMIC PERSPECTIVE

Sun, 10 Dec 2023 00:00:00 +0000

Every marriage that is dissolved either because of divorce or the death of a spouse, it is obligatory for the wife involved to undergo a period called 'idah. The provision of this 'idah period contains several objectives to ensure that women's welfare is protected throughout the period as well as to fulfil the maqasid of sharia in general. Thus, the change of times and the lifestyle of women nowadays who focus less on the implementation of 'idah has caused confusion among Muslims, especially women in the implementation of 'idah based on the findings of previous studies. This study was conducted to provide a knowledge and understanding about the basis of the ‘idah implementation in terms of the variety forms of ‘idah duration so that it can be well understood by the community. This is important in ensuring that Islamic Shari'a is well be preserved and overcome problems in family institutions as a result of urbanization. Through a qualitative approach, this study utilizes secondary sources such as scriptures, previous studies and related books. The use of document analysis method is applied in analyzing the content at the same time producing a formulation that coincides with the goal of the study. The debate about the period of 'idah and the laws of its implementation is a form of knowledge that should be mastered by every Muslim, especially in Malaysia. Without a good understanding, the implementation of 'idah outlined in Islam has the potential to be practiced without fulfilling the requirements of syariah. Thus, this study is expected to help the community, especially women, in better understanding the basis of the ‘idah implementation without taking for granted at the purpose of its shari'at.

INSIDER TRADING, REGULATORY ADVANCEMENT AND REGULATOR ACTIVISM IN INDIA

Maneesh Yadav, Gurudev Sahil, Munish Swaroop — Sun, 10 Dec 2023 00:00:00 +0000

In the era of globalization and the world economy, corporations and governments are focusing more on the concept of sustainability and far-going security to the stakeholders and investors. Insider trading is a deep-rooted evil opportunity in the stock market. The transfer of unpublished price-sensitive information to an outsider or the use of it for unfair gains by the insider is a governance issue per se. The current Indian regulation i.e. SEBI (Insider Trading) Regulation 2015 has traveled a long journey to curb the root cause but still must move on the international parameters. It has a major objective to prevent the unauthorized use of price-sensitive information. The review paper will critically analyze the historical development in the Indian Capital market with reference to the incidents of insider trading and preventive steps by the Indian market regulations and regulator activism. It will also review the regulatory advancement of the insider trading norms after the Harshad Mehta scandal in the year 1992 to the happening of ICICI-Videocon loan scam and thereafter. The objective of the review paper is a structural analysis of the historical development in the regulatory framework of insider trading in India. Also, to demonstrate the legal transformation of Indian Stock Exchanges in response to insider trading issues.

ENSURING HUMAN RIGHTS AND FREEDOMS DOES NOT MEAN EQUALITY FOR EVERYONE

Sun, 10 Dec 2023 00:00:00 +0000

After the Second World War, the international community began to pay more and more attention to the protection of human rights and freedoms, as evidenced by the adoption of a number of fundamental international documents. Nowadays, the defense of human rights and freedoms is becoming a priority not only for a single democratic state, but also for the entire world. A number of Declarations and Conventions declare the unity of the international community in the development of the legal system for ensuring human rights and freedoms. To date, democratic states have ratified most of these documents, thereby committing themselves to bring their national legislation in line with European legal standards in the field of human rights and freedoms. At the same time, there are certain exceptions to every rule, which is also the case in the area of human rights and freedoms, since legal equality cannot be the same for every person, of course, with the exception of such fundamental rights as the right to life and health, since their restriction is out of the question. In this regard, the article attempts to answer the question, the essence of which is that ensuring human rights and freedoms does not mean equality for everyone.

APPLICATION OF EFFECTIVE TECHNOLOGY MEASURES IN PROTECTING COPYRIGHT IN THE NETWORK ENVIRONMENT

Nguyen Thi Ngoc Tuyen — Sun, 10 Dec 2023 00:00:00 +0000

Effective technology measures have been recognized as emerging points in the Intellectual Property Law in Vietnam, amended in 2022. The article analyzes regulations on effective technology measures to safeguard copyright in the network environment. At the same time, the article also covers regulations of other countries where there is development and leadership in effective technology control. The article’s content is based on the use of technology in copyright protection, thereby mentioning some limitations and proposing solutions to Vietnamese law in deploying technology efficiently in the protection of copyright in the digital environment.

EFFECTIVENESS OF THE METHOD OF FORENSIC COMPUTER SIMULATION OF OFFENCES IN THE CONTEXT OF MILITARY OPERATIONS

Sun, 10 Dec 2023 00:00:00 +0000

Military operations cause various violations in the state security system, including an increased criminal activity. This requires improved and innovative response to offences and crimes, which include forensic computer simulation of offences. The aim of this work is to determine an approach to the development of a forensic computer model of offences in the context of military operations and to assess its potential advantages. The research involved the method of statistical observation, the rating method, the analysis of risks and potential failures using the FMEA model. The conducted research revealed an increased crime rate in Ukraine after the full-scale invasion. The increased number of particularly serious crimes by almost 9 times requires special attention. This gave grounds to propose the directions of application of the method of forensic computer simulation of offences — forecasting and analysis of crimes, geo-informational simulation, etc. An algorithm for the development of a forensic computer model for predicting terrorist acts in the context of a military conflict is proposed. It is noted that the effectiveness of this model depends on the correct identification and assessment of possible risks for the security system, which is proposed to be carried out using the FMEA model. The application of the FMEA model for predicting terrorist acts is the novelty of the study.

FROM DROUGHT CONCENTRATION CAMPS TO THE HUMAN RIGHT TO ADEQUATE FOOD

João Marcel Evaristo Guerra, Cristiana Costa da Rocha — Sun, 10 Dec 2023 00:00:00 +0000

Hunger is a structural violation of the Human Right to Adequate Food (HRAF), subject to worsening both by human issues (social, economic, political) and by natural calamities, such as droughts and floods. In 1932, during a period of severe drought in Ceará, those affected by the drought began to migrate to the nearest urban centers, in search of minimum living conditions. Arousing hygienist fears among local elites, this undesirable migratory contingent was housed in concentration camps, in order to impede the flow of hungry people reaching the cities. The segregationist measure created environments of institutionalized violence and dehumanization. It was hoped that an event of this nature would serve to motivate the constitutionalization of the HRAF. However, explicit constitutionalization only occurred with Constitutional Amendment nº 64/2010, 78 years later. This article aims to understand the extent to which the 1932 drought contributed as a material source for the constitutionalization of the HRAF, comparing the evolution of this right, from that calamity to the present, aiming to understand the reason for the delay in its constitutionalization and the effect practical that the constitutional omission brought to the brazilian vulnerable population.

FAMILY RIGHTS AND CHILD INTERESTS

Sun, 10 Dec 2023 00:00:00 +0000

The academic paper delves into the fundamental concept of the child's best interests, emphasizing its prevalence over adult interests in Ukrainian and EU legislation concerning the rights of the child's family. It stresses the need for a nuanced assessment of the child's needs, considering individual cases and involving the child's perspective. The article explores specific non-jurisdictional protection methods, focusing on mental well-being, education, safety, stability, and family relationships. Emphasizing the child's welfare, the study underscores the importance of preserving stable relationships and balancing parental rights with the child's best interests in family disputes. Protection of the child's family rights involves restoring violated rights and preventing future violations, ensuring the child's legal status and safeguarding their rights and interests.

CURRENT STATUS OF IMPLEMENTING THE POLICY AND LEGAL FRAMEWORK ON THE STATE LEGAL ASSISTANCE FOR ENTERPRISES IN VIETNAM

Dao Mong Diep — Sun, 10 Dec 2023 00:00:00 +0000

Legal assistance for enterprises is the State's implementation of its tasks to synchronously deploy legal support activities for enterprises to create fundamental changes in legal awareness, legal consciousness and the business's law compliance habits; create necessary conditions for law enforcement to support enterprises in conducting business effectively; prevent legal risks and enhance business competitiveness; contributing to improving State management by law for enterprises. In this article, the author focuses on analyzing and evaluating the current status of implementing the legal policy framework on State legal support for businesses in Vietnam. Based on this, the study points out specific problems and inadequacies and proposes some solutions.

COMBATING THE ILLEGAL CIRCULATION OF FIREARMS

Sun, 10 Dec 2023 00:00:00 +0000

In the scientific publication, based on empirical data, analysis of current legislation and the viewpoints of scientists, a comprehensive analysis of combating the illegal circulation of firearms from a legal, criminological and criminological point of view was carried out. In order to implement the state policy of Ukraine in the specified area, the need for: standardization of legislation for joint crime control and improvement of information support for this activity is argued; strengthening measures of criminal liability for crimes related to the illegal circulation of firearms; ensuring proper accounting and control of firearms in organizations and citizens; carrying out joint coordinated measures to prevent and stop the most dangerous crimes committed with the use of firearms; conducting joint special operations to prevent the illegal manufacture and circulation of firearms, etc. The priority areas for effective countermeasures against the illegal circulation of firearms during the pre-trial investigation and in the course of investigative activities have been determined: using the possibilities of covert investigative (detective) actions; strengthening of cooperation between police bodies, border agencies, state security bodies and special services; active use of agency and intelligence activities, information-analytical and information-prognostic investigation support and others.

USE OF THE “ELECTRONIC COURT” SERVICE AS A MEANS OF CITIZENS’ ACCESS TO THE JUDICIARY

Sun, 10 Dec 2023 00:00:00 +0000

The scientific article, based on the study of advanced foreign experience, points out the expediency and relevance of introducing electronic innovations in the field of criminal justice as those that greatly simplify the implementation of legal proceedings and offer an effective model of electronic dialogue between a citizen and the state, as well as between justice bodies and other authorized entities. The arguments are made that the saving of material resources and time, convenience and improvement of transparency of legal proceedings and the achievements of society are obvious positive results of the introduction of the electronic segment into judicial activity. It was emphasized that the consequences of technological changes in the field of justice should be assessed in terms of the balance of threats and opportunities, prevention of violation of confidentiality, security, manipulative impact on the judiciary and the rule of law. It was concluded that the implementation of the concept of electronic judicial proceedings under martial law in Ukraine requires a comprehensive, huministic approach to the use of electronic document management, the use of modern digital technologies in the implementation of procedural actions, the creation of conditions to prevent subjective influence on electronic judicial procedures; simplification of the transfer of applications, complaints, petitions through the system of electronic cases, etc.

THE USE OF CRIMINAL ANALYSIS IN COMBATING AND INVESTIGATING ORGANIZED CRIME

Wed, 13 Dec 2023 00:00:00 +0000

The scientific article is devoted to the study of theoretical and applied problems of using the possibilities of criminal analysis in activities to combat crimes committed by organized criminal groups. The main features and types of criminal analysis are highlighted. With the help of a complex of general scientific and special methods, the peculiarities of the use of criminal analysis on the territory of Ukraine were clarified, the prospects of its active implementation at the national level were determined with the aim of increasing counteraction to organized criminal activity. A conclusion was made about the prospects for the further development of the mentioned institute in the development of the theoretical and methodological foundations of its use, the introduction of the latest methods of criminal analysis in order to ensure the fulfillment of the tasks of pre-trial investigation bodies and operational units, in particular, in relation to countermeasures, detection and effective investigation of crimes committed by organized criminal groups.

CONCEPT OF “MANAGEMENT SERVICES” IN UKRAINIAN LEGISLATION AND EU LAWS

Wed, 13 Dec 2023 00:00:00 +0000

The purpose of the article is to analyze the concept of “management services” in the legislation of Ukraine and EU laws. Research methods are: monographic analysis, systematic analysis, comparative and legal analysis, generalization, forecasting, etc. The need to amend the legislation of Ukraine by supplementing the concept of “management services” to the Law of Ukraine “On Administrative Services”, as well as by clarifying DK 021:2015. In particular the code “79420000-4: Management services” should be defined as “79420000-4: Assistance (service) related to management”. We have emphasized that there is a possibility of developing the potential of providing services in Ukraine and strengthening the sphere of business services due to the improvement of the current legislation, in particular through the implementation of the norms of European law into the national legal system. It has been proved that effective public procurement is possible only if institutions, organizations and enterprises clearly understand the “rules of the game” in this area. It has been concluded that the incorrect semantic load of concepts (translation) in DK 021:2015, developed in accordance with the EU requirements, has potential risks in the field of public procurement, does not contribute to the active attraction of investments through participation in national and international projects, as well as to effective management decisions.

AI AND COPYRIGHTS

Minh Le Thi — Fri, 15 Dec 2023 00:00:00 +0000

More and more complex computer programs can create works that qualify for copyright protection if done by a human author. Who has ownership rights to the work created by artificial intelligence (AI) is still an open question. Given the large number of people involved in creating computer-programmed works in the new technology age, a clear regulatory framework is needed for which people qualify as work owners. The article analyzes two main aspects of copyright related to works by AI: (i) whether the work by AI is creative and (ii) the issue of allocation of ownership over AI-generated works. The allocation of ownership rights to works created by AI is analyzed by objects: programmers, users, co-owners of developers with users, and the AI system is in public ownership. The article also outlines the intellectual property laws of the EU, the United States, and Vietnam related to the protection of works created by AI. The article concludes on the need for safety for works created by AI.

METHODS OF INFORMATION SECURITY IN THE INVESTIGATION OF CORRUPTION OFFENCES

Fri, 15 Dec 2023 00:00:00 +0000

This article aims to identify information support methods within the investigation of corruption offenses, using the EU and Ukraine as case studies. Employing comparative legal analysis, the research underscores the significance of Europol and Eurojust in corruption investigations, highlighting hybrid cybernetic methods and the increasing role of electronic data. Given corruption's transnational impact, the necessity of cross-border evidence tools becomes evident. Particularly notable is the joint initiative of Europol and Eurojust, the SIRIUS project, which offers vital support to EU law enforcement agencies in handling electronic evidence-related issues. By applying SIRIUS project recommendations, Ukraine can enhance international cooperation in accessing electronic evidence during criminal investigations. Notably, Ukraine's anti-corruption entities have shown adaptability even amidst internal conflicts. The research identifies adaptive methodologies used by EU member states, offering valuable insights for potential legal framework reforms and methodological tool implementation in Ukraine. Further research will focus on the mechanisms of implementation of the proposed methodological tools in the post-war period in Ukraine.

HISTORY OF THE CONSTITUTION OF VIETNAM

Đỗ Văn Học — Fri, 15 Dec 2023 00:00:00 +0000

The constitution is the highest legal document with a particularly significant position in the legal system and political life of each country; it can also be considered the political declaration of each state. The constitution serves as the legal basis for constructing and perfecting a unified and coherent legal system, as well as for organizing and operating the state machinery. In Vietnam, the constitution is a crucial political and legal document, serving as the foundational law. This article focuses on clarifying the history and nature of the constitutions in Vietnam from the establishment of the country in 1945 to the present.

TRANSPARENCY AND OPENNESS OF THE JUDICIAL PROCESS AS COMPONENTS OF ACCESS TO JUSTICE IN CIVIL CASES

Fri, 15 Dec 2023 00:00:00 +0000

The scientific publication is devoted to the study of publicity and openness of the judicial process as components of access to justice in cases considered in civil proceedings. The methodology of research, the basis of which was a set of general scientific and special methods of cognition of legal phenomena - dialectical, systemic, systemically structural, formal-dogmatic, hermeneutical and method of factor analysis. The key role of the decisions of the European Court of Human Rights in the process of application, development and implementation of international standards of publicity and openness of the judicial process as part of fair trial is emphasized. The essence and content of the principle of publicity and openness of the trial, as well as its relationship with the basic functional principles of civil proceedings – legality, publicity, adversarial and dispositivity, have been clarified. It is concluded that the implementation of the concept of electronic legal proceedings under martial law in Ukraine requires a comprehensive, humanistic approach to the introduction of electronic document management, the use of modern digital technologies in the implementation of correspondence with participants in the civil process and procedural actions with their participation, simplification of the transfer of applications, complaints, petitions through the system of electronic cases, creating conditions for preventing subjective influence on electronic legal proceedings.

APPLYING HO CHI MINH’S THOUGHT IN LEGAL EDUCATION ON ENSURING HUMAN RIGHTS IN VIETNAM TODAY

Nguyen Van Dai — Thu, 21 Dec 2023 00:00:00 +0000

Ensuring human rights and civil rights is one of the core missions and efforts to implement in each country. In recent years, in Vietnam, the issue of ensuring human rights has achieved many successes associated with the cause of innovation and comprehensive development of the country. That achievement comes from many factors, including the great influence of Ho Chi Minh's Thought, which has modern values and has been effectively applied by the State. Legal education on ensuring human rights has also been applied by many subjects of Ho Chi Minh's ideology. However, the application of Ho Chi Minh's ideology in this field has just begun, there are still many aspects that need to be approached and researched to apply more effectively, meeting the requirements of strengthening work. legal education, ensuring human rights, building a socialist democratic rule of law state in Vietnam in the coming time. In this article, the author focuses on analyzing and clarifying some issues about awareness, viewpoints and application of Ho Chi Minh's ideology in legal education on ensuring human rights in Vietnam.

LEGAL REGULATIONS ON THE CONTROL OF TOBACCO AND TOBACCO MATERIAL IMPORT-EXPORT ACTIVITIES IN VIETNAM

Nguyen Thi Tinh — Mon, 08 Jan 2024 00:00:00 +0000

The control of tobacco imports and export activities, including tobacco raw materials, is one of the measures directly affecting the quantity and volume of tobacco circulating in the market. In recent years, the Vietnamese Government has made numerous efforts to fulfill commitments under the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), such as enacting the Law on Tobacco Harm Prevention and other related legal documents to reduce the smoking rate in Vietnam. However, according to the assessment of the WHO, Vietnam still belongs to the group of countries with a high smoking rate globally. This article focuses on analyzing and evaluating the current legal situation in Vietnam in various aspects, such as import and export principles, import and export conditions, competent authorities for import and export, requirements for imported tobacco, import procedures, import licensing procedures, import quantities, import reporting requirements, labeling and warnings regulations, and so on thereby identifying the shortcomings and limitations that require improvement in the law system.

MAIN RISKS IN RESTRUCTURING CERTAIN ASPECTS OF THE LEGAL FRAMEWORK OF UKRAINE: COOPERATION WITH THE EU

Fri, 05 Jan 2024 00:00:00 +0000

The purpose of the article is to study the main risks in restructuring Ukraine's legal framework against the background of establishing cooperation with the EU. This goal is achieved by using the method of content analysis of modern scientific works and media reports. The results indicate that the process of harmonisation of Ukrainian legislation with the EU norms has covered various areas, but the Association Agreement does not provide clear deadlines for its implementation, except for the protection of intellectual property rights. Most of the provisions of the agreement and other harmonisation documents are referred to as “soft law”, defining intentions rather than hard obligations of the parties. The lack of effective control over the harmonisation process was its main drawback, and the process was not strictly linked to internal reforms in Ukraine. Also, terminological differences complicate the understanding of the process. The need to harmonise terminology becomes important to ensure clarity and accountability in the context of European integration. The conclusions emphasise that it is important to address the issue of Ukraine's ability to harmonise on its own, the need for full coverage, and the reality of national programmes that may remain only declarations of intent.

E-JUSTICE AND THE DEVELOPMENT OF JUSTICE

Fri, 05 Jan 2024 00:00:00 +0000

The purpose of the article is to analyse the development of e-justice and e-administration, focusing on highlighting the main advantages, challenges, and prospects for further digitalisation of the judicial and legal system. To achieve this goal, the methods of content analysis and synthesis were used. The content analysis was used to reveal the main aspects of the development of e-justice and e-court, while the synthesis allows systematising and summarising the information obtained. The article is of practical importance as it addresses important aspects of the digital transformation of the judicial system. Highlighting the challenges, benefits, and prospects of digitalisation allows us to understand current trends and the need to improve e-justice. The results show that the main advantages of e-justice are convenience, speed, accessibility, reduction of bureaucratic processes, and corruption (due to the minimisation of physical contacts). In general, the results of this study indicate the importance of developing the functionality of e-court platforms using artificial intelligence and integration of Blockchain technologies. It is noted that important challenges include the formation of an appropriate digital infrastructure, the presence of cyber threats, formalism, lack of human factor, etc. The study concludes that the development of e-justice is essential for the modern legal system. At the same time, it is important to view challenges as a chance for improvement, focusing on innovation and cybersecurity. The findings emphasise the importance of further development of digital justice to ensure the efficiency and accessibility of court services.

LEGAL REGULATION OF CYBERSECURITY IN THE CONTEXT OF THE DIGITAL TRANSFORMATION OF UKRAINIAN SOCIETY

Fri, 05 Jan 2024 00:00:00 +0000

The purpose of the article is to study the legal regulation of cybersecurity in the context of digital transformation in modern Ukrainian society. To achieve this goal, the author uses the scientific methods of analysis, abstraction, synthesis, and content analysis, which made it possible to study the relevant scientific literature and determine the views of scholars on the problems of cybercrime and counteraction to it. The results show that the legal framework lags behind modern methods of cybercrime. Changes in legislation, including Ukrainian legislation, are sometimes partial, which does not help to solve the problem. A separate problem is the negative reaction of civil society to the introduction of additional restrictions on the functioning of the digital sphere in general. At the same time, the Ukrainian legal system already needs to be guided by European standards of cybersecurity, which would confirm the country's European integration aspirations. However, even this does not allow formulating a universal legal framework for combating cybercrime, as countering cybercrime with the use of state institutions, as in the example of the Kremlin regime's current policy, requires careful analysis due to the emergence of new challenges for law enforcement systems.

THE SUBJECT OF CRIMINAL OFFENSES ENCROACHING ON PHARMACEUTICAL ACTIVITY IN UKRAINIAN CRIMINAL LAW

Sat, 06 Jan 2024 00:00:00 +0000

The purpose of the article is to analyze the provisions of the Criminal Code of Ukraine regarding subjects of criminal offenses encroaching on pharmaceutical activity. Research methods are: monographic analysis, systematic analysis, comparative and legal analysis, generalization, forecasting, etc. The importance of the chosen topic is due to the fact that in connection with Ukraine's intention to join the EU, Ukraine must harmonize criminal legislation with the EU and implement EU legislation into the criminal legislation of Ukraine to ensure criminal legal protection of pharmaceutical activity. Pharmaceutical activity is an obligatory component of health care in the state and an independent object of criminal law protection. The subject of a criminal offenses is an element of criminal offenses that encroach on pharmaceutical activity. We have emphasized that it is important to study not only a general subject, but also a special one, which may be characterized by such characteristics as an official position (such a subject is an official); specialty (profession); family relationship with the victim (such a special subject can be a father or mother); official or other relations with the victim (a special subject can be a person on whom the victim is materially or professionally dependent), etc. It has been proven that the selection of a general and a special subject in the elements of criminal offenses of specific types makes it possible to find out the specifics of the mechanism of harm to pharmaceutical activity, which is expressed in the rupture of social ties in the content of the relevant components of pharmaceutical activity, subjects and "non-subjects" of pharmaceutical activity.

INNOVATIVE APPROACHES TO PROTECTING VICTIMS OF DOMESTIC VIOLENCE IN THE EUROPEAN LEGAL SPACE

Tue, 09 Jan 2024 00:00:00 +0000

Combating domestic violence is an important vector of the development of modern legal thought. The article's purpose is a comprehensive analysis of the status and innovative methods of protection of victims of domestic violence in Europe. To achieve this goal, the author uses content analysis of professional literature, the legislative framework of EU countries, and reporting materials. The results show that the alarming statistics of domestic violence highlight its deep-rooted nature and reveal an alarming feedback loop that exists among different age groups. In particular, younger women are most affected. In Europe, various legislative protection instruments are applied at the EU and national levels, and international standards are also considered. Ensuring access to justice, protecting public health workers, providing shelters and ensuring confidentiality, and promoting specialised lines of communication with victims are all part of a comprehensive approach to combating the problem. The conclusions note that the models of combating domestic violence and protecting victims in the legislation of European countries have several common features. These include forced and prompt separation of the abuser from the victim, prohibition of the abuser to approach the victim, public condemnation of the abuser (especially in Europe), and psychological correction programmes for abusers.

ORGANIZATION OF OPERATION OF COURTS AND PROSECUTOR’S OFFICE IN TERMS OF MARTIAL LAW

Sun, 14 Jan 2024 00:00:00 +0000

The issue of organizing the operation of the court and prosecutor’s office in terms of the martial law is extremely urgent. Since then, Ukraine, for the first time in many years, has faced a problem related to the need to reorganize the operation of courts and prosecutor’s offices in order to continue performing their functions during the armed aggression. The current situation demonstrated that the Ukrainian judicial system and the prosecutor’s office were not properly prepared for war. The lack of any pre-developed clear plans or programs for the functioning of the court and prosecutor’s office in terms of war or emergency situation is a bright proof. Therefore, the gained experience of the operation of courts and prosecutor’s offices in terms of the acute phase of the Russian-Ukrainian war can be useful for other countries. Solving the existing problems with ensuring a fair trial in peacetime was complicated by a number of additional challenges caused by the war. Therefore, Ukraine faced a double task: first, to ensure the functioning of the judicial system in terms of the martial law, and secondly, to continue fulfilling its obligations regarding the implementation of judicial reform, which is a necessary condition for Ukraine’s accession to the European Union. The authors of the article have studied the main problems of organizing the operation of courts and prosecutor’s offices in terms of the martial law and have offered possible ways to solve them.

CRIMINAL LIABILITY OF LEGAL PERSONS IN VIETNAM

Quan Van Nguyen, Cu Thanh Vu, Mai-Anh Thi Nguyen — Thu, 25 Jan 2024 00:00:00 +0000

With a tumultuous history from colonization to socialist political regime, Vietnam is a fertile ground for legal transplant. The existence of continuous legal transplantation proves the transplantability of this country. The literature is debating on the criteria to assess the success of legal transplant. The paper based on dominant legal transplant theory to analyse the criminal liability of legal person in Vietnam as a case of reluctant transplant with traits of a failed transplant.

THE CUSTOMS OF WAR IN RUS IN 13TH CENTURY

Khrystyna Mereniuk, Illia Parshyn — Fri, 26 Jan 2024 00:00:00 +0000

The aim of the paper is to analyze legal regulations and customs of war in Rus in 13^th century. The research incorporated content analysis, focusing on relevant contemporary studies and individual conclusions that formed the basis for understanding development of Galician-Volhynian state in the specified period. In results it is shown, that the evolution of war declarations in Rus is discernible through historical records, revealing a variety of methods used for such announcements. Prince Svyatoslav's 10^th-century proclamation, encapsulated in the phrase “I'm coming for you,” serves as an illustration of the cultural significance attached to war declarations within the Rus’ian military elite. In diplomatic contexts, war declarations often occurred through ambassadors, with diplomatic envoys enjoying inviolability. During local wars the Prince of Kyiv emerged as an arbiter, but disorder persisted. Prince Roman Mstyslavovych proposed a reform in the 13th century, advocating the election of the Kyiv prince to enforce peace, but it was not implemented. In medieval Rus’ian warfare, the capture and acquisition of booty played a pivotal role, shaping relations between factions. The fate of captives shifted from free individuals to slaves, reflecting economic changes. Moreover, it is evident that plague and famine did not significantly hinder conflicts among the Galiciann-Volhynian princes and their neighbors. In conclusions it is indicated that the medieval elite persisted in pursuing their interests, only deviating from plans when the consequences of the prevailing war reached truly critical proportions.

ELECTRONIC MEANS OF ENSURING FAIR JUSTICE

Tue, 30 Jan 2024 00:00:00 +0000

The scientific value of the research lies in the fact that, on the basis of the study of theoretical-legal and practical problems of the introduction and adaptation of electronic justice in the conditions of the modern information society, conceptual conclusions are drawn, which have a scientific and applied character. In particular, the general concept of digitization of judicial proceedings in modern conditions was analyzed, the author’s approach to understanding the category “justice of justice” was developed, the essence and prospects of using artificial intelligence during judicial procedures were clarified. The ideas available in the doctrine about the expected benefits, consequences and risks of use are considered electronic means of ensuring fair justice. It was concluded that the process of introducing electronic justice and its modernization requires a comprehensive approach to the automation of electronic interaction between court and prosecutor’s offices, the use of electronic document management and access to court cases, the use of modern digital technologies in conducting procedural actions, etc. On the basis of the analysis of the leading foreign practices on the specified issues, further prospects for the digitalization of justice are outlined. Emphasis is placed on the priority of human rights and legitimate interests, taking into account requirements for accountability, a high degree of transparency and protection, appropriate legal, organizational, technical and financial support when taking state measures and technological solutions.

BUILDING ELECTRONIC COURT IN VIETNAM

Bich Thao Nguyen, Thanh Huong Ngo — Fri, 02 Feb 2024 00:00:00 +0000

Nowadays, building electronic court is a global trend in response to the Covid-19 pandemic and the need to tackle court delays. The Fourth Industrial Revolution has brought great opportunities for countries to introduce digital transformation into the judicial sector. In recent years, Vietnam has also made significant efforts to strengthen its judicial reform and build electronic court to meet the demand of the digital era; however, the result is modest. This article aims to review and evaluate the recent developments in building electronic court in Vietnam, identify shortcomings and challenges that need to be overcome. From there, the article makes recommendations for Vietnam to achieve greater success in building electronic courts and keep up with other countries.

CATEGORY "SPECIAL KNOWLEDGE" IN THE CRIMINAL PROCESS OF UKRAINE AND IN OTHER TYPES OF LEGAL PROCEEDINGS

Fri, 02 Feb 2024 00:00:00 +0000

The article studies the concepts, types and subjects of special knowledge in criminal proceedings and other types of legal proceedings. The general scientific term "knowledge" is analyzed, which, in addition to the knowledge itself, covers practical skills and abilities of a person. It is proved that the concept of "special knowledge," which is used in various legal processes, is a conditional term in relation to scientific knowledge. After all, the knowledge of specialists of one profession for persons of another profession is considered special. The use of special knowledge is provided for in the legislation of Ukraine, namely the Criminal Procedure Code, the Civil Procedure Code, the Code of Administrative Procedure, the Commercial Procedure Code, the Customs Code, the Tax Code and other laws. It is noted that knowledge in the field of law cannot be considered special knowledge. Expert and specialist have special knowledge in criminal proceedings. It is concluded that the common features of the relevant definitions are the provision on the belonging of their subjects-carriers to the sphere of criminal justice, as well as the purpose of using this knowledge.

JURISDICTION IN ALGORITHMS

Silvia de Fátima Maciel, Reshad Tawfeiq, Ludmilo Sene — Sat, 03 Feb 2024 00:00:00 +0000

The aim of this paper is to investigate whether, and to what extent, the use of artificial intelligence (AI) in judicial decision-making is supported by the constitutional norms relating to Brazilian jurisdiction, especially from a review of the principles of due process of law, the natural judge, indelegability, impartiality and, finally, the motivation of judicial decisions. This research uses a deductive approach, starting from theoretical and general premises relating to jurisdiction and then confronting them with the AI tools used in judicial decision-making, thereby fulfilling the general objective presented, without losing sight of a critical perspective on the phenomenon studied. As for the research techniques, this is bibliographical and documentary research. As a result, it is clear that the use of AI in decision-making poses considerable risks to compliance with the guarantee of due process of law, and thus clashes with the principles of jurisdiction and presents new challenges and problems. Based on this review in the light of the digital age, an interpretation is suggested in which the human dimension is considered, giving rise to the constitutional right to judgment by a human being as an intrinsic element of the natural (and human) judge principle.

THE ADMINISTRATION OF JUSTICE IN CIVIL ENFORCEMENT ACTIONS IN PORTUGAL AS A POSSIBILITY FOR IMPROVING THE PERFORMANCE INDEXES OF THE BRAZILIAN JUDICIAL POWER

Sat, 03 Feb 2024 00:00:00 +0000

This article addresses the scenario of the “new” crisis of the Judiciary and does so from a quantitative analysis, as well as analyzing the actions in the execution phase as important contributions. Next, it examines the scenario in Portugal with the arrival of the Troika and its consequences for the justice system, specifically regarding the success of efficiency in the processing of civil executive actions in the Portuguese context. The objective is to present the Portuguese experience of good administration of justice as a possibility of mirroring the Brazilian Judiciary. The methodology focuses on the deductive approach method, regarding the research technique, the work was developed through indirect and direct documentation, with empirical research being carried out based on the collection of statistical data (Brazil and Portugal). Furthermore, regarding the procedural methods for development, they are historical and comparative, the latter in Pierre Legrand's approach. It is concluded that the Brazilian Judiciary needs better administration of justice and that mirroring the successful Portuguese experience can provide positive impacts in this scenario.

ARBITRATION REQUIRED TO SETTLE CONSUMER DISPUTES

Ricardo Pedro — Sat, 03 Feb 2024 00:00:00 +0000

Thisstudy presents an analysis of arbitration as a way to solve consumer disputes in Portugal in a mandatory or necessary way. It puts consumer law and arbitration into context, highlighting the advantages of alternative dispute resolution for consumers. National and European legislation is then addressed. Subsequently, the main constitutional jurisprudence on necessary arbitration and the ordinary regulatory framework are discussed. It also addresses the necessary arbitration and related figures in general and in consumer law. Lastly, the main requirements that necessary arbitration has to meet for the resolution of consumer law disputes are discussed.