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International Journal of Law in Changing World最新文献

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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
International Journal of Law in Changing World Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.43
Elizaveta Popova
{"title":"IMPACT OF DIGITAL TECHNOLOGIES ON CRIMINAL PROCEDURE IN RUSSIA AND INDIA: COMPARATIVE LEGAL ASPECT","authors":"Elizaveta Popova","doi":"10.54934/ijlcw.v2i1.43","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i1.43","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121779452","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}
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
International Journal of Law in Changing World Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.49
Rafael Oliveira, Thiago Carmo
{"title":"DURATION AND EXTINCTION OF ADMINISTRATIVE CONTRACTS IN THE NEW BRAZILIAN BIDDING LAW","authors":"Rafael Oliveira, Thiago Carmo","doi":"10.54934/ijlcw.v2i1.49","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i1.49","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128982219","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}
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
International Journal of Law in Changing World Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.48
E. Gromova, D. Ferreira
{"title":"TOOLS TO STIMULATE BLOCKCHAIN: APPLICATION OF REGULATORY SANDBOXES, SPECIAL ECONOMIC ZONES AND PUBLIC PRIVATE PARTNERSHIPS","authors":"E. Gromova, D. Ferreira","doi":"10.54934/ijlcw.v2i1.48","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i1.48","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123877067","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}
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
International Journal of Law in Changing World Pub Date : 2023-06-15 DOI: 10.54934/ijlcw.v2i1.40
A. Pokrovskaya
{"title":"LIABILITY FOR TRADEMARK INFRINGEMENT ON E-COMMERCE MARKERPLACES","authors":"A. Pokrovskaya","doi":"10.54934/ijlcw.v2i1.40","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i1.40","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127436575","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}
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
International Journal of Law in Changing World Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.29
A. Shutova
{"title":"PATIENTS’ PERSONAL DATA, INCLUDING BIOMETRICS, AS OBJECTS OF CRIMINAL LAW PROTECTION","authors":"A. Shutova","doi":"10.54934/ijlcw.v1i2.29","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.29","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134243654","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}
引用次数: 0
THE SHANGHAI COOPERATION ORGANIZATION - BOOK REVIEW 上海合作组织书评
International Journal of Law in Changing World Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.21
Saslina Kamaruddin, M. Ikhsan
{"title":"THE SHANGHAI COOPERATION ORGANIZATION - BOOK REVIEW","authors":"Saslina Kamaruddin, M. Ikhsan","doi":"10.54934/ijlcw.v1i2.21","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.21","url":null,"abstract":"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).","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121772802","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}
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
International Journal of Law in Changing World Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i1.23
W. Mokofe
{"title":"WHY SHOULD THE STATE INTERVENE IN THE LABOUR MARKET: THE CASE OF SOUTH AFRICA","authors":"W. Mokofe","doi":"10.54934/ijlcw.v1i1.23","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i1.23","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133215823","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}
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
International Journal of Law in Changing World Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.22
Luane Nascimento, David Martins
{"title":"SMART CONTRACTS: SECURITY ISSUES AND FURHTER DEVELOPMENT IN BRAZIL","authors":"Luane Nascimento, David Martins","doi":"10.54934/ijlcw.v1i2.22","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.22","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121266238","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}
引用次数: 4
Volume 1 Issue 2 Editorial 第1卷第2期社论
International Journal of Law in Changing World Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.34
E. Gromova, D. Ferreira
{"title":"Volume 1 Issue 2 Editorial","authors":"E. Gromova, D. Ferreira","doi":"10.54934/ijlcw.v1i2.34","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.34","url":null,"abstract":"Volume 1 Issue 2 Editorial","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133497144","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}
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
International Journal of Law in Changing World Pub Date : 2022-12-01 DOI: 10.54934/ijlcw.v1i2.33
I. Begishev
{"title":"CRIMINAL-LEGAL PROTECTION OF ROBOTICS: NOTION AND CONTENT","authors":"I. Begishev","doi":"10.54934/ijlcw.v1i2.33","DOIUrl":"https://doi.org/10.54934/ijlcw.v1i2.33","url":null,"abstract":"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.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115586816","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}
引用次数: 2
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