Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.290039
Serhii Grynchak, A. Grynchak
The problems of criminal law protection of life and health of a person in the field of medical care attract the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanours, their further pretrial investigation and trial, give grounds for serious concern. The reasons for the negative investigative and judicial practice may be the shortcomings of the legal construction of the norms, numerous changes made to the Criminal Code, as well as the high latency of medical offenses. Therefore, the purpose of this article is a comprehensive study of the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, identifying the shortcomings and advantages of such legislative decisions, as well as formulating separate recommendations for the enforcement of the norms of the Criminal Code. The following research methods were used to achieve the specified goals. The dialectical method of cognition made it possible to establish the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and to reveal the problems of their enforcement. The historical method made it possible to identify all normative acts that amended the norms of the Criminal Code, which provide for liability for medical offenses. The dogmatic method made it possible to clarify the true content of such concepts as "order of application of transplantation", "activity connected with transplantation", " substantial harm to the victim's health", etc. The systemic-structural method was used to analyse such evaluative concepts as "damage to the victim's health", " substantial damage to the victim's health", "severe consequences", etc., which are used in many provisions of the Criminal Code and are interpreted in different ways in judicial practice. The comparative legal method was used to compare the regulatory national legislation of Ukraine in the field of medical care and the relevant norms of the Criminal Code of Ukraine. The conducted research gave grounds for the conclusion that socially dangerous consequences in the form of "substantial harm to the victim's health", which are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of light physical injuries on the victim that caused a short-term health disorder or minor loss of working capacity, moderate physical injuries, severe physical injuries, as well as infection with the human immunodeficiency virus or other incurable infectious disease. At the same time, negligently causing the death of a recipient during an illegal transplantation requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of different evaluation concepts of harm to human health in the norms of the Special Part of the C
{"title":"Novelization of the provisions of the criminal legislation of Ukraine, which provide for liability for medical crimes and misdemeanors: issues of interpretation and enforcement","authors":"Serhii Grynchak, A. Grynchak","doi":"10.21564/2414-990x.164.290039","DOIUrl":"https://doi.org/10.21564/2414-990x.164.290039","url":null,"abstract":"The problems of criminal law protection of life and health of a person in the field of medical care attract the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanours, their further pretrial investigation and trial, give grounds for serious concern. The reasons for the negative investigative and judicial practice may be the shortcomings of the legal construction of the norms, numerous changes made to the Criminal Code, as well as the high latency of medical offenses. Therefore, the purpose of this article is a comprehensive study of the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, identifying the shortcomings and advantages of such legislative decisions, as well as formulating separate recommendations for the enforcement of the norms of the Criminal Code. The following research methods were used to achieve the specified goals. The dialectical method of cognition made it possible to establish the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and to reveal the problems of their enforcement. The historical method made it possible to identify all normative acts that amended the norms of the Criminal Code, which provide for liability for medical offenses. The dogmatic method made it possible to clarify the true content of such concepts as \"order of application of transplantation\", \"activity connected with transplantation\", \" substantial harm to the victim's health\", etc. The systemic-structural method was used to analyse such evaluative concepts as \"damage to the victim's health\", \" substantial damage to the victim's health\", \"severe consequences\", etc., which are used in many provisions of the Criminal Code and are interpreted in different ways in judicial practice. The comparative legal method was used to compare the regulatory national legislation of Ukraine in the field of medical care and the relevant norms of the Criminal Code of Ukraine. The conducted research gave grounds for the conclusion that socially dangerous consequences in the form of \"substantial harm to the victim's health\", which are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of light physical injuries on the victim that caused a short-term health disorder or minor loss of working capacity, moderate physical injuries, severe physical injuries, as well as infection with the human immunodeficiency virus or other incurable infectious disease. At the same time, negligently causing the death of a recipient during an illegal transplantation requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of different evaluation concepts of harm to human health in the norms of the Special Part of the C","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 53","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140991438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.292538
O. Zaytsev, Kateryna Pavshuk
The problem of non-fulfilment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system, and income level of the population. Ukraine has been in the process of integration with the European Union for a long time, so it is useful to study the foreign legislative approach to the regulation of responsibility for the violation of these obligations. The purpose of the article is to study the Polish experience of establishing criminal liability for non-fulfilment of child care obligations. In the research dogmatic, systemic-structural, statistical, historical-legal, formal-legal methods were used. Attention is paid to the legislation of the Republic of Poland, which provides for the right and duty of parents to care for and raise children. The genesis of the criminal law regarding responsibility for violation of these duties in the Criminal Code of 1932, 1969, and 1997 is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2009–2020) are summarized. The peculiarities of the structure of the crime composition provided for in Art. 210 of the Criminal Code of the Republic of Poland were studied; objective and subjective signs. The analysis was carried out on the basis of the doctrine of Polish criminal law and the practice of courts of general jurisdiction, in particular the Supreme Court of the Republic of Poland. The practice of the Constitutional Tribunal of the Republic of Poland was used. Based on the results of the research, conclusions were formulated regarding objects of criminal law protection; objective and subjective side and subject composition. The differentiation of criminal liability in case of causing death to the victim was noted. The legislator also provided in cases of this crime the possibility of notifying the competent family court about the expediency of deprivation or limitation of parental or guardian rights in case of committing a crime to the detriment of a minor or in complicity with him. The separation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against the family, as well as the improvement of criminal legal measures against persons who have committed such crimes, is supported.
{"title":"Liability for Violation of the Obligation of Care in the Criminal Code of the Republic of Poland","authors":"O. Zaytsev, Kateryna Pavshuk","doi":"10.21564/2414-990x.164.292538","DOIUrl":"https://doi.org/10.21564/2414-990x.164.292538","url":null,"abstract":"The problem of non-fulfilment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system, and income level of the population. Ukraine has been in the process of integration with the European Union for a long time, so it is useful to study the foreign legislative approach to the regulation of responsibility for the violation of these obligations. The purpose of the article is to study the Polish experience of establishing criminal liability for non-fulfilment of child care obligations. In the research dogmatic, systemic-structural, statistical, historical-legal, formal-legal methods were used. Attention is paid to the legislation of the Republic of Poland, which provides for the right and duty of parents to care for and raise children. The genesis of the criminal law regarding responsibility for violation of these duties in the Criminal Code of 1932, 1969, and 1997 is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2009–2020) are summarized. The peculiarities of the structure of the crime composition provided for in Art. 210 of the Criminal Code of the Republic of Poland were studied; objective and subjective signs. The analysis was carried out on the basis of the doctrine of Polish criminal law and the practice of courts of general jurisdiction, in particular the Supreme Court of the Republic of Poland. The practice of the Constitutional Tribunal of the Republic of Poland was used. Based on the results of the research, conclusions were formulated regarding objects of criminal law protection; objective and subjective side and subject composition. The differentiation of criminal liability in case of causing death to the victim was noted. The legislator also provided in cases of this crime the possibility of notifying the competent family court about the expediency of deprivation or limitation of parental or guardian rights in case of committing a crime to the detriment of a minor or in complicity with him. The separation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against the family, as well as the improvement of criminal legal measures against persons who have committed such crimes, is supported.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 79","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140993067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.288034
S. Kravtsov
Today, international commercial arbitration remains one of the most effective ways to resolve disputes complicated by a foreign element. Parties to a dispute, preferring arbitration, wish to obtain the desired result in the shortest possible time. This is achieved because the parties to the arbitration proceedings themselves are endowed with an arsenal of rights that are not inherent in national courts: the right to choose a particular arbitration, the composition of the arbitral tribunal, and the law to be applied in the dispute. This is a manifestation of the "autonomy of will" of the parties to the dispute. However, despite such a broad scope of powers, some powers of the arbitral tribunal, which is chosen by the parties, cannot be limited. Although the discretionary powers of international commercial arbitration are regulated by national arbitration laws and rules, their exercise may sometimes contradict the fundamental principles and standards of effective arbitration. One of such powers is the right to determine the format of arbitration hearings, since it is by exercising this right that the arbitral tribunal may make its own decision without taking into account the views of the parties to the dispute. The article provides a comparative legal analysis of arbitration legislation, rules and law enforcement practice of national courts with regard to the possibility of determining a virtual hearing as the most efficient format for consideration of a case. Particular attention is paid to the imperfection of Ukrainian legislative regulation and the lack of a single, consistent court practice on these issues. Therefore, the conclusions propose to eliminate the shortcomings in the legal consolidation of such definitional constructs as "hearing" and "oral hearing".
{"title":"Virtual arbitration hearing: arbitrator's discretion or the right of the parties?","authors":"S. Kravtsov","doi":"10.21564/2414-990x.164.288034","DOIUrl":"https://doi.org/10.21564/2414-990x.164.288034","url":null,"abstract":"Today, international commercial arbitration remains one of the most effective ways to resolve disputes complicated by a foreign element. Parties to a dispute, preferring arbitration, wish to obtain the desired result in the shortest possible time. This is achieved because the parties to the arbitration proceedings themselves are endowed with an arsenal of rights that are not inherent in national courts: the right to choose a particular arbitration, the composition of the arbitral tribunal, and the law to be applied in the dispute. This is a manifestation of the \"autonomy of will\" of the parties to the dispute. However, despite such a broad scope of powers, some powers of the arbitral tribunal, which is chosen by the parties, cannot be limited. Although the discretionary powers of international commercial arbitration are regulated by national arbitration laws and rules, their exercise may sometimes contradict the fundamental principles and standards of effective arbitration. One of such powers is the right to determine the format of arbitration hearings, since it is by exercising this right that the arbitral tribunal may make its own decision without taking into account the views of the parties to the dispute. The article provides a comparative legal analysis of arbitration legislation, rules and law enforcement practice of national courts with regard to the possibility of determining a virtual hearing as the most efficient format for consideration of a case. Particular attention is paid to the imperfection of Ukrainian legislative regulation and the lack of a single, consistent court practice on these issues. Therefore, the conclusions propose to eliminate the shortcomings in the legal consolidation of such definitional constructs as \"hearing\" and \"oral hearing\".","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 55","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140991217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.287692
Muhammad Adam Furqon, Sulistyandari Sulistyandari, Tri Prihatinah
Credit loans have the risk of not fulfilling payment obligations. Therefore it is necessary to bind collateral to get a repayment with collateral. if it cannot be anticipated anymore, then lousy credit will occur and must be resolved immediately, credit settlement usually uses the execution of mortgage rights. However, there are alternative settlements regulated in article 12 an of the law of the Republic of Indonesia number 10 of 1998 concerning banking law, namely foreclosed collateral in practice, there are problems regarding the implementation of foreclosed collateral by verdict number 183/pdt/2020/PT SMG and verdict number 24/pdt.g/2019/PN Pti. This study aimed to analyze the implementation of foreclosed collateral as a way to resolve the problem of bad loans. The research method used is normative, using secondary data obtained from library research, including primary, secondary and tertiary legal sources. Therefore, the implementation of the foreclosed collateral taken over by verdict Number 183/PDT/2020/PT Smg is valid because it is through a voluntary submission mechanism, and verdict Number 24/Pdt.G/2019/PN Pti is invalid because there is no agreement and has an impact on debtors and creditors feel harmed.
{"title":"Foreclosed Collateral as an Alternative for Bad Credit Settlement in Indonesia","authors":"Muhammad Adam Furqon, Sulistyandari Sulistyandari, Tri Prihatinah","doi":"10.21564/2414-990x.164.287692","DOIUrl":"https://doi.org/10.21564/2414-990x.164.287692","url":null,"abstract":"Credit loans have the risk of not fulfilling payment obligations. Therefore it is necessary to bind collateral to get a repayment with collateral. if it cannot be anticipated anymore, then lousy credit will occur and must be resolved immediately, credit settlement usually uses the execution of mortgage rights. However, there are alternative settlements regulated in article 12 an of the law of the Republic of Indonesia number 10 of 1998 concerning banking law, namely foreclosed collateral in practice, there are problems regarding the implementation of foreclosed collateral by verdict number 183/pdt/2020/PT SMG and verdict number 24/pdt.g/2019/PN Pti. This study aimed to analyze the implementation of foreclosed collateral as a way to resolve the problem of bad loans. The research method used is normative, using secondary data obtained from library research, including primary, secondary and tertiary legal sources. Therefore, the implementation of the foreclosed collateral taken over by verdict Number 183/PDT/2020/PT Smg is valid because it is through a voluntary submission mechanism, and verdict Number 24/Pdt.G/2019/PN Pti is invalid because there is no agreement and has an impact on debtors and creditors feel harmed.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140991997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.289266
Nadjia Madaoui
The integration of artificial intelligence into legal systems has engendered a paradigm shift in the legal landscape, presenting a complex interplay of challenges and opportunities for the legal profession and the justice system. This Comprehensive research delves into the multifaceted impact of artificial intelligence on legal systems, focusing on its transformative potential and implications. Through an extensive analysis of the integration of artificial intelligence technologies, including natural language processing, machine learning, and predictive analytics, the study illuminates the profound improvements in legal research, decision-making processes, and case management, emphasizing the unprecedented efficiency and accessibility that artificial intelligence offers within the legal domain. Furthermore, the research critically examines the ethical and societal challenges stemming from artificial intelligence integration, including concerns related to data privacy, algorithmic bias, and the accountability of artificial intelligence-driven legal solutions. By scrutinizing the existing regulatory frameworks governing artificial intelligence implementation, the study underscores the necessity of responsible and ethical artificial intelligence integration, advocating for transparency, fairness, and equitable practices in the legal profession. The findings contribute to the ongoing discourse on the ethical implications and effective management of artificial intelligence integration in legal systems, providing valuable insights and recommendations for stakeholders and policymakers to navigate the complexities and ensure the responsible adoption of artificial intelligence technologies within the legal sphere
{"title":"The Impact of Artificial Intelligence on Legal Systems: Challenges and Opportunities","authors":"Nadjia Madaoui","doi":"10.21564/2414-990x.164.289266","DOIUrl":"https://doi.org/10.21564/2414-990x.164.289266","url":null,"abstract":"The integration of artificial intelligence into legal systems has engendered a paradigm shift in the legal landscape, presenting a complex interplay of challenges and opportunities for the legal profession and the justice system. This Comprehensive research delves into the multifaceted impact of artificial intelligence on legal systems, focusing on its transformative potential and implications. Through an extensive analysis of the integration of artificial intelligence technologies, including natural language processing, machine learning, and predictive analytics, the study illuminates the profound improvements in legal research, decision-making processes, and case management, emphasizing the unprecedented efficiency and accessibility that artificial intelligence offers within the legal domain. \u0000Furthermore, the research critically examines the ethical and societal challenges stemming from artificial intelligence integration, including concerns related to data privacy, algorithmic bias, and the accountability of artificial intelligence-driven legal solutions. By scrutinizing the existing regulatory frameworks governing artificial intelligence implementation, the study underscores the necessity of responsible and ethical artificial intelligence integration, advocating for transparency, fairness, and equitable practices in the legal profession. The findings contribute to the ongoing discourse on the ethical implications and effective management of artificial intelligence integration in legal systems, providing valuable insights and recommendations for stakeholders and policymakers to navigate the complexities and ensure the responsible adoption of artificial intelligence technologies within the legal sphere","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140993729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.300356
Oleh Serpak
The article is devoted to the analysis of prohibitions in criminal law (criminal law prohibitions). Despite the fact that the issue of criminal law prohibitions is becoming increasingly relevant, it still remains poorly researched and controversial. This paper lays down the methodological foundations for the study of prohibitions in criminal law. In particular: 1) the author distinguishes between the concepts of «criminal law», «criminal legislation» and «criminal code»; 2) the author examines national criminal law through the prism of the public law branch of Ukraine (analyses certain aspects of criminal law regulation and criminal law relations; expresses the author’s position regarding the powers of entities representing the State in criminal law relations) 3) the author defines the concept of «criminal law provision», identifies its features, studies its structure, and also identifies the criteria for its classification. Taking into account the conclusions on the above issues, the author analyses prohibitions in the criminal law of Ukraine: the author proposes a definition of this term, identifies its features, makes its classification, and studies the legal consequences of violation of domestic criminal law prohibitions. The scientific work also contains the results of a study of foreign experience. Thus, the criminal legislation of the former USSR republics was subjected to a thorough study. The author notes that there are two models of understanding the concept of «prohibition in criminal law». In writing this article, the author used scientific works of Ukrainian and foreign legal scholars, as well as domestic and foreign regulatory legal acts. For a more detailed understanding of the subject matter of the study, the article is illustrated with three author’s diagrams and one map. The research work is a multidimensional analysis of prohibitions in criminal law, which allows for further development of this topic.
{"title":"Prohibitions in criminal law","authors":"Oleh Serpak","doi":"10.21564/2414-990x.164.300356","DOIUrl":"https://doi.org/10.21564/2414-990x.164.300356","url":null,"abstract":"The article is devoted to the analysis of prohibitions in criminal law (criminal law prohibitions). Despite the fact that the issue of criminal law prohibitions is becoming increasingly relevant, it still remains poorly researched and controversial. \u0000This paper lays down the methodological foundations for the study of prohibitions in criminal law. In particular: \u00001) the author distinguishes between the concepts of «criminal law», «criminal legislation» and «criminal code»; \u00002) the author examines national criminal law through the prism of the public law branch of Ukraine (analyses certain aspects of criminal law regulation and criminal law relations; expresses the author’s position regarding the powers of entities representing the State in criminal law relations) \u00003) the author defines the concept of «criminal law provision», identifies its features, studies its structure, and also identifies the criteria for its classification. \u0000Taking into account the conclusions on the above issues, the author analyses prohibitions in the criminal law of Ukraine: the author proposes a definition of this term, identifies its features, makes its classification, and studies the legal consequences of violation of domestic criminal law prohibitions. \u0000The scientific work also contains the results of a study of foreign experience. Thus, the criminal legislation of the former USSR republics was subjected to a thorough study. The author notes that there are two models of understanding the concept of «prohibition in criminal law». \u0000In writing this article, the author used scientific works of Ukrainian and foreign legal scholars, as well as domestic and foreign regulatory legal acts. \u0000For a more detailed understanding of the subject matter of the study, the article is illustrated with three author’s diagrams and one map. \u0000The research work is a multidimensional analysis of prohibitions in criminal law, which allows for further development of this topic.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 28","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140993399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.288964
S. Vavzhenchuk, Vladyslav Zhmaka
Abstract In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.
{"title":"Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms","authors":"S. Vavzhenchuk, Vladyslav Zhmaka","doi":"10.21564/2414-990x.164.288964","DOIUrl":"https://doi.org/10.21564/2414-990x.164.288964","url":null,"abstract":"Abstract \u0000In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.292237
Valentyn Serdiuk
The article describes the legal nature of United Nations General Assembly Resolution 76/262 (A/76/L.52) entitled "Standing mandate for a General Assembly debate when a veto is cast in the Security Council", adopted on April 26, 2022. We have analyzed this topic due to its relevance and the emergence of a new procedure of the United Nations General Assembly, aimed at increasing of the transparency and accountability of the United Nations Security Council, as a result of the ineffective activity of the Security Council in crisis in which our world finds itself today, in particular due to armed conflicts in Ukraine and the Middle East, which have led to complex humanitarian consequences. Many states and scientists have been expressing their interest in the issue of Security Council reform for a long time. We deeply researched the Resolution which is the first in a long time and a significant legal instrument that changes the existing mechanism of the functioning of the United Nations and has revived the discussions on the need for a complete reform of the Security Council in accordance with Resolution 62/557 of December 15, 2008. The purpose of the article is an overview of the new Resolution 76/262, namely the reasons and expediency of its adoption, cases of application and its effectiveness in modern conditions. The methodological basis of the study are the following general scientific and special methods of cognition of legal phenomena: the method of the philosophical level – the dialectical method; empirical methods – comparative, observation and description methods; general logical methods – analysis, synthesis; specially-legal method. The article analyzes the main provisions of Resolution 76/262, the reasons for its adoption, examines cases of its application, and draws conclusions about the effectiveness of this resolution. We have differentiated the procedures provided for by Resolution 76/262 "Standing mandate for a General Assembly debate when a veto is cast in the Security Council" and Resolution 377 (V) "Uniting for Peace". We have reviewed the international legal conceptual foundations of the need to apply the resolution. The topic of reforming the United Nations against the backdrop of the current world security crisis is very important and relevant for further research by domestic scientists in order to formulate their own proposals, approaches and scientific justifications in the modern Ukrainian science of international public law, as well as for the scientific enlightenment of society in this of knowledge.
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Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.296330
S. Pyroha
The proliferation of multinational companies is lengthening global value chains, and the development of the digital economy is giving them even more opportunities to shift profits. Intra-group loans are often used to shift profits to a jurisdiction with low tax rates to minimize overall tax liability. In order to combat the illegal transfer of profits, most countries introduce thin capitalization rules. Ukraine joined the BEPS plan, action 4 of which summarized the best practices for regulating debt obligations to non-residents. Most countries limit the total amount of loans, interest payments on which are deducted from the corporate tax base. The Tax Code of Ukraine establishes a double tax barrier - it limits both the amount of debt and the share of profit before deduction. However, the established barriers not only do not prevent profit shifting, but encourage the widespread use of this method to reduce tax liabilities due to profit shifting. The main drawback of thin capitalization rules is that allowed excessive amounts of loans from non-residents do not oblige the borrower to improve the financial results of the enterprise. Instead, they provide an opportunity to reduce the corporate tax base by 30% indefinitely and move them to jurisdictions with low tax rates. The method of regulation provided for by the Tax Code of Ukraine can be considered as an incentive for the misuse of State budget funds. In order to eliminate these shortcomings, it is proposed to significantly reduce both barriers and to oblige the borrower to ensure the effective use of loans to stimulate the socio-economic development of the country, i.e. to deduct interest from taxable profit only if there is an actual increase in the produced added value, the introduction of new products and/or processes. Existing shortcomings in the legal regulation of debt obligations prevent legal resolution of the case in court. New criteria for identification of the resident with regard to individuals and legal entities and the beneficial owner of income have been proposed.
{"title":"Problems of legal regulation of thin capitalization in Ukraine","authors":"S. Pyroha","doi":"10.21564/2414-990x.164.296330","DOIUrl":"https://doi.org/10.21564/2414-990x.164.296330","url":null,"abstract":"The proliferation of multinational companies is lengthening global value chains, and the development of the digital economy is giving them even more opportunities to shift profits. Intra-group loans are often used to shift profits to a jurisdiction with low tax rates to minimize overall tax liability. In order to combat the illegal transfer of profits, most countries introduce thin capitalization rules. Ukraine joined the BEPS plan, action 4 of which summarized the best practices for regulating debt obligations to non-residents. Most countries limit the total amount of loans, interest payments on which are deducted from the corporate tax base. The Tax Code of Ukraine establishes a double tax barrier - it limits both the amount of debt and the share of profit before deduction. However, the established barriers not only do not prevent profit shifting, but encourage the widespread use of this method to reduce tax liabilities due to profit shifting. The main drawback of thin capitalization rules is that allowed excessive amounts of loans from non-residents do not oblige the borrower to improve the financial results of the enterprise. Instead, they provide an opportunity to reduce the corporate tax base by 30% indefinitely and move them to jurisdictions with low tax rates. The method of regulation provided for by the Tax Code of Ukraine can be considered as an incentive for the misuse of State budget funds. In order to eliminate these shortcomings, it is proposed to significantly reduce both barriers and to oblige the borrower to ensure the effective use of loans to stimulate the socio-economic development of the country, i.e. to deduct interest from taxable profit only if there is an actual increase in the produced added value, the introduction of new products and/or processes. Existing shortcomings in the legal regulation of debt obligations prevent legal resolution of the case in court. New criteria for identification of the resident with regard to individuals and legal entities and the beneficial owner of income have been proposed.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 48","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140994196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-10DOI: 10.21564/2414-990x.164.297743
A. Biryukova, H. Kolisnykova
The article is devoted to the analysis and development of effective ways to protect violated rights in the context of widespread use of dipfakes, which is especially relevant for Ukraine in the context of the Russian-Ukrainian conflict and in the context of globalization of digital communications. The article focuses on the challenges faced by the legal system due to the use of dipfaces to manipulate public opinion, undermine the authority of state institutions and individuals, and the problems of using this technology for commercial purposes. The purpose of the article is to highlight the issue of diphoning in the context of rights violation, and also to propose specific ways to address it, which is a relevant contribution to the development of legal science and practice of rights protection in the digital era. The article applies a comprehensive research approach which combines the analysis of legal acts to identify the existing legislative framework and its adequacy in the context of digital rights, comparative analysis to compare Ukrainian and international experience in regulating digital technologies, and case studies to specify examples of the use of digital rights and their impact on society and individuals. The use of these methods allowed us to analyze the issue in depth, identify key challenges, and propose effective ways to protect violated rights. Particular attention is paid to the analysis of the current state of Ukrainian legislation on digital technologies and information security, and to the identification of gaps that do not allow for effective counteraction to abuses in the field of creation and distribution of digital files. The article aims to identify the key areas of legal reforms necessary to strengthen the protection of individual and collective rights in the context of digital challenges. The study covers international experience and practices of digital space regulation, in particular in countries with developed legal systems in this area, such as the United States, Australia, and Germany. This will allow us to compare and adapt the best international practices to the Ukrainian context.
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