10 research outputs found
Liability and the Digital Age: Comparative Analysis of the Australian, South African and CIS States Legislative Approaches
No full textThe specific set of means of criminal law protection of the monetary sphere in the state is determined by many factors, among which economic ones are of primary importance. In this regard, approaches to the construction of a set of these means may vary depending on the economic system of the state. States with a develop economy establish criminal law prohibitions in the monetary sphere, mainly concerning counterfeiting of currency, as well as money laundering. Countries with a different, for example, mixed economic system are characterized by the consolidation of additional means of criminal law protection of the monetary sphere, including liability for failure to return funds from abroad, smuggling, etc. With that the rapid proliferation of digital assets platforms has democratized capital flow relations, enabling a vast spectrum of chances to bypass so called analog legal barriers has also raised concerns regarding means of counteracting of unlawful actions in the digital sphere. The study outlines approaches of some different countries, including Australia, South Africa, CIS states, which can be taken into account. It argues that differences in the type of economic systems of the states do not at all predetermine the impossibility of conducting a comparative legal study of their approaches in the digital sphere. On the contrary, the coincidence in the type of economic systems of two or more countries, in the digital age cannot serve as correct grounds for confirming the thesis on the relevance. The author summarizes the need for changes in the liability regulatory framework.The specific set of means of criminal law protection of the monetary sphere in the state is determined by many factors, among which economic ones are of primary importance. In this regard, approaches to the construction of a set of these means may vary depending on the economic system of the state. States with a develop economy establish criminal law prohibitions in the monetary sphere, mainly concerning counterfeiting of currency, as well as money laundering. Countries with a different, for example, mixed economic system are characterized by the consolidation of additional means of criminal law protection of the monetary sphere, including liability for failure to return funds from abroad, smuggling, etc. With that the rapid proliferation of digital assets platforms has democratized capital flow relations, enabling a vast spectrum of chances to bypass so called analog legal barriers has also raised concerns regarding means of counteracting of unlawful actions in the digital sphere. The study outlines approaches of some different countries, including Australia, South Africa, CIS states, which can be taken into account. It argues that differences in the type of economic systems of the states do not at all predetermine the impossibility of conducting a comparative legal study of their approaches in the digital sphere. On the contrary, the coincidence in the type of economic systems of two or more countries, in the digital age cannot serve as correct grounds for confirming the thesis on the relevance. The author summarizes the need for changes in the liability regulatory framework
Criminal law measures of ensuring the security of the crypto sphere
Full text linkIn the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment. In Russia, the use of cryptocurrencies is not regulated by any rules, but there is no legislation prohibiting the circulation of cryptocurrencies as means of payment. At the same time, the draft bill “On digital nancial assets”, designed to regulate financial relations in the crypto sphere, completely excludes the issues of mining and circulation of existing crypto-currencies. However, new electronic entities carry certain risks associated with their turnover. In this regard, many States seek to develop mechanisms to ensure the security of actions in the new crypto sphere of legal relations before the direct legalization of cryptocurrencies and other modern electronic entities. The purpose of the article is to analyze the approaches related to the security of the crypto sphere in modern society by criminal law measures taking into account foreign experience
Failure to repatriate funds in foreign currency from abroad and modern issues of currency regulation
Full text linkThe monetary policy of the European Union has recently undergone changes that cannot but have an impact on national economies. Thus, starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. Meanwhile, this is another step towards establishing financial transparency and strengthening the banking system. Meanwhile, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. In most cases, companies that carry out foreign economic activity violate currency legislation. At the same time, civil measures may not be sufficient to protect the normal functioning and development of the domestic foreign exchange market
On the Prospects of Digitalization of Justice
No full textThe article considers the problem of digitalization of judicial activities in the Russian Federation and abroad. Given the fact that in the modern world elements of digital (electronic) justice are gaining widespread adoption, the article presents an analysis of its fundamental principles and distinguishes between electronic methods of ensuring procedural activity and digitalization of justice as an independent direction of transformation of public relations at the present stage. As a demonstration of the implementation of the first direction, the article presents the experience of foreign countries, Russian legislative approaches and currently being developed legislative initiatives in terms of improving the interaction of participants in the procedure through the use of information technologies. The authors come to the conclusion that the implemented approaches and proposed amendments are intended only to modernize the form of administration of justice with new opportunities to carry out the same actions (identification of persons participating in the case, notification, participation in the court session, etc.) without changing the essential characteristics of the proceedings. The second direction, related to electronic (digital) justice, is highlighted from the point of view of the prospects and risks of using artificial intelligence technologies to make legally significant decisions on the merits. At the same time, the authors argue that the digitalization of justice requires the development and implementation of the category of justice in machine-readable law, as well as special security measures of both technological and legal nature
Justice and digitalization as mutually determining factors of criminal-jurisdictional activity development
No full textThe introduction of digital technologies has an impact on various aspects of criminaljurisdictional activity, optimizes the decision-making process based on data collection, coordination of actions of law enforcement officers, increases the effectiveness of their actions by minimizing the human factor in the process of legal decision-making through the use of the potential of artificial neural networks. On the basis of dialectical-materialist method and special legal research methods it is noted that the relationship between the concepts of “digital justice” and “justice” can be represented in the form of basic characteristics of the development of the same socially significant process, a key element of which is the use of robotic programs that simplify and accelerate human activities. It is pointed out that in the process of building in our society a fair legal basis of statehood, moral and legal culture as an integral attribute and a distinctive feature of the progressive development of the state is becoming increasingly important and of practical importance. The purpose of the article is to analyse the approaches and problems related to the Justice within the modern digital developments
ANTI-CORRUPTION IN POLICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY
No full textThe police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution.
The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent.
The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.</jats:p
Legal View on the Introduction of New Technologies
Full text linkAccording to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges
