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IMPACT OF DIGITAL TECHNOLOGIES ON CRIMINAL PROCEDURE IN RUSSIA AND INDIA: COMPARATIVE LEGAL ASPECT 数字技术对俄罗斯和印度刑事诉讼程序的影响:比较法律方面
Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.43
Elizaveta Popova
The current rapid development of technological progress is an important source of new opportunities to improve various spheres of human life and activity andhave a significant influence on criminal justice systems as well. However, the implementation of new technologies in criminal proceedings may encounter different procedural features depending on the country and its legislation. Therefore, it is important to conduct comparative analysis and research on the experience of other countries to make informed and effective use of new technologies in criminal justice.The aim of this study was to conduct a comparative legal analysis of the criminal procedure legislation in Russia and India to identify trends in the development of criminal justice in the context of digitalization in these countries. During the study a set of general scientific methods and traditional research methods (comparative and legal, system analysis) were used. A special place is occupied by the logical method and the method of comparative legal analysis.The article characterizes the current state of the sphere of criminal procedure in Russia and India. The analysis identified the features associated with the implementation and application of new technologies in the criminal proceedings of these BRICS countries.The authors conclude that the introduction of modern technologies in the sphere of criminal justice should provide citizens access tojustice, promote effective investigation and fair sentencing. This study may form the basis for further research on the criminal procedure legislation of the BRICS countries.
当前技术进步的迅速发展是改善人类生活和活动各个领域的新机会的重要来源,也对刑事司法系统产生重大影响。然而,在刑事诉讼中实施新技术可能会遇到不同的程序特点,这取决于国家及其立法。因此,对其他国家的经验进行比较分析和研究,以便在刑事司法中充分和有效地利用新技术,是十分重要的。本研究的目的是对俄罗斯和印度的刑事诉讼立法进行比较法律分析,以确定这些国家在数字化背景下刑事司法发展的趋势。在研究过程中,采用了一套一般的科学方法和传统的研究方法(比较法、系统分析)。逻辑分析方法和比较法律分析方法占有特殊的地位。本文介绍了俄罗斯和印度刑事诉讼领域的现状。分析确定了金砖国家在刑事诉讼中实施和应用新技术的特点。作者的结论是,在刑事司法领域引入现代技术应该为公民提供诉诸司法的机会,促进有效的调查和公平的量刑。本研究可为进一步研究金砖国家刑事诉讼立法奠定基础。
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引用次数: 0
DURATION AND EXTINCTION OF ADMINISTRATIVE CONTRACTS IN THE NEW BRAZILIAN BIDDING LAW 巴西新招标法中行政合同的期限和终止
Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.49
Rafael Oliveira, Thiago Carmo
This article addresses the causes and consequences of the termination of administrative contracts. The choice of topic is justified by the limited bibliography on the subject, by the recent enactment of Law 14.133/2021 (New Law on Bids and Administrative Contracts) and by the relevance of the causes and effects arising from thetermination of contracts entered into by the Public Administration, which require attention to the continuity of serving the public interest. It is intended to use deductive and comparative methods to analyze the similarities and differences between legislative treatments conferred by Law 8.666/1993 and Law 14.133/2021. After studying the legal aspects of the duration of administrative contracts, the text will focus on the causes of termination of the contractual relationship and the forms and consequencesof the termination.
本文论述了行政合同解除的原因和后果。主题的选择是合理的,因为该主题的参考书目有限,最近颁布的第14.133/2021号法律(新的招标和行政合同法),以及公共行政部门签订的合同终止所产生的因果关系,需要注意服务于公共利益的连续性。本文拟采用演绎法和比较法分析8.666/1993号法律与14.133/2021号法律在立法处理上的异同。在研究行政合同存续期的法律问题之后,本文将重点研究行政合同关系终止的原因以及合同终止的形式和后果。
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引用次数: 0
TOOLS TO STIMULATE BLOCKCHAIN: APPLICATION OF REGULATORY SANDBOXES, SPECIAL ECONOMIC ZONES AND PUBLIC PRIVATE PARTNERSHIPS 刺激区块链的工具:监管沙盒、经济特区和公私伙伴关系的应用
Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.48
E. Gromova, D. Ferreira
The Blockchain technology has significant and almost limitless potential. However, today their use for implementation is associated with the problems of lack of high-quality legal regulation of this technology; technical standards for its application; investments required for its development. These problems and the search for their solutions are especially relevant now, in the context of the financial crisis. In this regard, the purpose of the article is to analyse the legal mechanisms and tools that make up special and experimental regimes, the use of which contributed to the introduction of the Blockchain technology into industrial production, identifying their features in relation to individual countries, problems associated with their implementation and finding solutions. The research is based on comparative legal and system analysis, as well as methods of legal modelling and content analysis. The author comes to the conclusion that in order to increase the attractiveness of the legal climate for the implementation of the Blockchain technology, it is necessary, first, to develop a “high-quality” legal regulation, which will be possible in the case of prior testing of an innovative product (service) based on the application of this technology in conditions of the experimental legal regime (regulatory sandbox); second, to develop standards for normative and technical regulation of this technology; third, to improve legislation on the main tools aimed at stimulating investment in the creation and implementation of digital innovations, and Blockchain technology, including - on special economic zones, public-private partnerships and state support of companies-developers of the Blockchain services for industrial production.
区块链技术具有巨大且几乎无限的潜力。然而,今天它们的实施与缺乏高质量的法律法规这一技术的问题有关;应用技术标准;发展所需的投资。在当前金融危机的背景下,这些问题及其解决方案的探索尤为重要。在这方面,本文的目的是分析构成特殊和实验性制度的法律机制和工具,这些机制和工具的使用有助于将区块链技术引入工业生产,确定其与各个国家相关的特征,与其实施相关的问题并寻找解决方案。本研究以比较法学和制度分析为基础,运用法律建模和内容分析的方法。作者得出的结论是,为了增加实施区块链技术的法律环境的吸引力,首先有必要制定一项“高质量”的法律法规,这将有可能在基于该技术在实验性法律制度(监管沙盒)条件下的应用的创新产品(服务)的事先测试的情况下;二是制定该技术的规范和技术规范标准;第三,完善旨在刺激对数字创新和区块链技术的创造和实施投资的主要工具的立法,包括经济特区、公私合作伙伴关系和国家对公司的支持——工业生产区块链服务的开发商。
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引用次数: 0
LIABILITY FOR TRADEMARK INFRINGEMENT ON E-COMMERCE MARKERPLACES 电子商务企业的商标侵权责任
Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.40
A. Pokrovskaya
This article examines the issue of distribution of liability for infringement of exclusive rights to trademarks in the sale of goods through marketplaces. Examined the legislation and case law of Russia and other countries on the liability for selling counterfeit goods on marketplaces. International and Russian legal practice in resolving disputes over infringement of exclusive rights to trademarks on e-commerce platforms was examined. Models of legal regulation of e-commerce in foreign countries were analysed. The conclusions have been formulated on the need for progressive development of legislation of the Russian Federation in the area under study, including regulation of e-commerce platforms, and measures to improve the liability of marketplaces and sellers for the sale of counterfeit products were developed.
本文探讨了通过市场销售商品时侵犯商标专有权的责任分配问题。审查了俄罗斯和其他国家关于在市场上销售假冒商品的责任的立法和判例法。考察了国际和俄罗斯在解决电子商务平台商标专用权侵权纠纷方面的法律实践。分析了国外对电子商务的法律规制模式。已就俄罗斯联邦在研究领域逐步发展立法的必要性得出结论,包括对电子商务平台的监管,并制定了改善市场和卖家对销售假冒产品的责任的措施。
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引用次数: 0
PATIENTS’ PERSONAL DATA, INCLUDING BIOMETRICS, AS OBJECTS OF CRIMINAL LAW PROTECTION 患者的个人数据,包括生物特征,是刑法保护的对象
Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.29
A. Shutova
The article is devoted to the issues of criminal-legal regulation of patients’ personal data constituting medical secrecy. The research objective is to assess the level of legal regulation of public relations, at which criminal encroachments are performed, during the personal data processing, and to improve the Russian criminal law in this sphere. It was determined that the level of criminal-legal protection of personal data requires improving. Illegal trafficking of personal data, including biometric ones, entails a threat to public relations. Biometric personal data are a valuable resource and may entail commitment of such unlawful actions as manufacturing and marketing of fake models of biometric personal data. The author proposes measures to improve the components of crime, stipulating criminal liability for the violation of privacy and of the Russian legislation on personal data (Art. 137 of the Russian Criminal Code). The author asserts the feasibility of establishing criminal liability for unlawful processing of personal data which infringed substantial harm on the rights and legal interests of a person. Taking into account a high public danger of the deeds which can be committed using biometric personal data and their value, we consider it necessary to criminalize the components of crime consisting in manufacturing and (or) marketing of fake models of biometric personal data.
本文探讨了构成医疗保密的患者个人资料的刑事法律规制问题。研究的目的是评估在个人数据处理过程中对公共关系进行刑事侵犯的法律规制水平,并改进俄罗斯在这一领域的刑法。确定对个人数据的刑事法律保护水平有待提高。非法贩运个人数据,包括生物特征数据,会对公共关系造成威胁。生物特征个人数据是一项宝贵的资源,可能导致制造和销售假冒生物特征个人数据模型等非法行为。作者提出了改进犯罪构成部分的措施,规定侵犯隐私的刑事责任和俄罗斯关于个人资料的立法(俄罗斯刑法第137条)。对非法处理个人数据对人的合法权益造成实质性损害的行为,确立刑事责任的可行性。考虑到利用生物特征个人数据可能犯下的行为及其价值的高度公共危险,我们认为有必要将制造和(或)销售假冒生物特征个人数据模型的犯罪成分定为刑事犯罪。
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引用次数: 0
THE SHANGHAI COOPERATION ORGANIZATION - BOOK REVIEW 上海合作组织书评
Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.21
Saslina Kamaruddin, M. Ikhsan
The Shanghai Cooperation Organization (SCO) is a significant international gathering. The SCO, which was founded in June 2001, has grown to become the world's largest and most populous regional cooperation organisation, encompassing three-fifths of the Eurasian continent. The Shanghai Cooperation Organization (SCO) book reflects and demonstrates the SCO's mission as a political, economic, and security entity in Eurasia. The book's goal and structure demonstrate that SCO topics are explored dynamically: whatthe SCO was when it was created, what it is now and how it works, and what its future potentials are. The book compares the SCO's initial and current levels of interaction and cooperation and suggests new goals and tasks. Prospects and frontiers have beenexplored because of such an examination. SCO is distinguished from Eurocentric regionalism in the books. One of the most interesting among newly presented in volume of literature is the book “The Shanghai Cooperation Organization: Exploring New Horizons”published in May 2022 by Routledge (edited by Sergey Marochkin and Yury Bezborodov).
上海合作组织是一个重要的国际组织。上海合作组织成立于2001年6月,现已发展成为世界上规模最大、人口最多的区域合作组织,覆盖了欧亚大陆五分之三的面积。《上海合作组织》一书反映和展示了上海合作组织作为欧亚大陆政治、经济和安全实体的使命。本书的目标和结构表明,上合组织的主题是动态探索的:上合组织成立时是什么,现在是什么,如何运作,以及它的未来潜力是什么。这本书比较了上海合作组织最初和目前的互动与合作水平,并提出了新的目标和任务。由于这样的检查,前景和前沿已经被探索。在书中,上海合作组织不同于以欧洲为中心的地区主义。在新出版的文献中,最有趣的是2022年5月由劳特利奇出版的《上海合作组织:探索新视野》(谢尔盖·马罗奇金和尤里·别兹博罗多夫主编)。
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引用次数: 0
WHY SHOULD THE STATE INTERVENE IN THE LABOUR MARKET: THE CASE OF SOUTH AFRICA 为什么国家要干预劳动力市场:以南非为例
Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i1.23
W. Mokofe
Labour remains at the centre of political, social, and economic discourse in South Africa. Two broad perspectives dominate the political discourse as to why the state should intervene in the labour market. The first is the laissez-faire, free-market model,and the second, known as ‘social justice’ –a concept generallyused to justify government intervention and the distribution of resources –is a perspective that stresses the need for social justice in the workplace in a variety of ways. This article explores which of these views will best protect workers –referred to in the context of the inadequacy of the contract as a mechanism to regulate the employment relationship –in an ever-changing South African labour market characterised by poverty, unemployment, inequality, the growth of the informal economy, an inflow of migrants, the digitalisation of the economy, and the impact of the Covid-19 pandemic. The author concludes by supporting the view that upholds social justice in the workplace.
工党仍然是南非政治、社会和经济讨论的中心。关于国家为什么应该干预劳动力市场,两种广泛的观点主导着政治话语。第一种是自由放任的自由市场模式,第二种是被称为“社会公正”的概念,通常用于证明政府干预和资源分配的合理性,这是一种强调工作场所以各种方式实现社会公正的观点。本文探讨了在以贫困、失业、不平等、非正规经济增长、移民流入、经济数字化和Covid-19大流行的影响为特征的不断变化的南非劳动力市场中,哪种观点最能保护工人——在合同作为一种调节雇佣关系的机制不充分的背景下。作者最后支持在工作场所维护社会正义的观点。
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引用次数: 1
SMART CONTRACTS: SECURITY ISSUES AND FURHTER DEVELOPMENT IN BRAZIL 智能合约:巴西的安全问题和进一步发展
Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.22
Luane Nascimento, David Martins
This study aims to describe how smart contracts are made and the legal certainty of using them on business contracts. For this, the study concepted the smart contract, as well its characteristics and the difference between smart contract and e-contract. Itdescribed the legal certainty of smart contracts and how they can be used on business transactions. Besides, the research explained the importance of blockchain, ethereum and cryptocurrency inthe smart contract. At last, it describeshow smart contracts are applied in the legal universe and demonstrated their advantages as self-execution and clauses’ immutability. For this work, bibliographicresearch and deductive method were used. The study concluded that the inexistence of law causes legal insecurity which represents an obstacle to spread the use of smart contracts.
本研究旨在描述智能合约是如何制定的,以及在商业合同中使用智能合约的法律确定性。为此,研究了智能合约的概念,智能合约的特点以及智能合约与电子合约的区别。它描述了智能合约的法律确定性,以及它们如何用于商业交易。此外,该研究还解释了区块链、以太坊和加密货币在智能合约中的重要性。最后,描述了智能合约在法律领域的应用,并展示了其自执行和条款不变性的优势。本文采用文献研究法和演绎法。该研究得出的结论是,法律的不存在导致法律不安全,这是智能合约推广使用的障碍。
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引用次数: 4
Volume 1 Issue 2 Editorial 第1卷第2期社论
Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.34
E. Gromova, D. Ferreira
Volume 1 Issue 2 Editorial
第1卷第2期社论
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引用次数: 1
CRIMINAL-LEGAL PROTECTION OF ROBOTICS: NOTION AND CONTENT 机器人的刑事法律保护:概念与内容
Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.33
I. Begishev
Robotic devices are more and more often used when committing crimes. Further, this trend will grow, which will significantly increase the inflicting potential of socially dangerous infringements and the harm from their commitment. Ittestifies to the necessity of an objectively formulated and relevant request for elaboration of modern approaches to criminal-legal protection of public relations associated with robotics. Such protection includes a complex of measures and ensures security of handling robots, from the moment of their creation till the moment of utilization.The work makes an attempt to elaborate the notion of criminal-legal protection of robotics and to define its content. We propose to interpret criminal-legal protection of robotics as an interconnected system of provisions shaping the criminal-legal policy in the sphere of development, production,and application of robots, as well as the liability for socially dangerous infringements committed with the use of robots and in relation to robots.
机器人设备越来越多地被用于犯罪。此外,这一趋势将会增长,这将大大增加危害社会的侵权行为的可能性及其所造成的危害。它证明有必要客观地提出相关的要求,以制定与机器人技术有关的公共关系的刑事法律保护的现代方法。这种保护包括一系列措施,确保搬运机器人从制造到使用的安全。本文试图阐述机器人的刑事法律保护概念,并对其内容进行界定。我们建议将机器人的刑事法律保护解释为形成机器人开发,生产和应用领域刑事法律政策的相互关联的规定系统,以及使用机器人和与机器人相关的社会危险侵权责任。
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引用次数: 2
期刊
International Journal of Law in Changing World
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