Analytical and Comparative Jurisprudence最新文献

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Theoretical and legal analysis of the operation of law during martial law in Ukraine 对乌克兰戒严期间法律运作的理论和法律分析
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.15
S. Tserkovnyk
{"title":"Theoretical and legal analysis of the operation of law during martial law in Ukraine","authors":"S. Tserkovnyk","doi":"10.24144/2788-6018.2024.02.15","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.15","url":null,"abstract":"The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988069","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
Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state 在婚姻状况下保护行政管辖范围内的人权和自由
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.80
Yu.M. Koltun
{"title":"Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state","authors":"Yu.M. Koltun","doi":"10.24144/2788-6018.2024.02.80","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.80","url":null,"abstract":"The article deals with the protection of the rights, freedoms and legitimate interests of a person and a citizen in administrative proceedings under martial law. \u0000It is argued that the right to a fair trial is a non-limiting right during certain emergencies. In the conditions of martial law, the implementation of the principle of court accessibility is one of the key factors for society, individual citizens, and for the effective functioning of public authorities and the state in general. It is argued that the right to judicial protection is critically important during war, and its hypothetical restriction could provoke the illegitimacy of the government, civil unrest, and in a broad sense, anarchy and violation of the rule of law. \u0000It has been proven that the legal system acts as an invariable mechanism for compliance with the requirements of legality, even in difficult political and legal circumstances due to the continuity of functioning, including administrative proceedings. In the conditions of war, when many democratic forms of public participation in the political process are limited, only administrative justice acts as the mechanism that allows you to oppose this \"dominant paradigm” of executive management and is able to resolve public requests, overcome possible dissonances between the government and society, and normalize social relations according to the latest challenges and requests. Therefore, the effective and proper work of the judicial system as a whole, and especially of the administrative judiciary, creates a \"platform” for preserving the policy of a democratic, legal state in conditions of martial law. \u0000It is also indicated that the role of administrative justice during the war is also valuable in that court decisions strengthen state-authority decisions and form proper law enforcement practice for subjects of power and other subjects. \u0000The three most significant problems of the functioning of administrative justice in the conditions of war are singled out: territorial accessibility, security threats and difficulties of a procedural nature. It was determined that electronic governance has become an effective mechanism for countering military threats to the administrative justice system.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988574","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
Historical aspects and evolution of the principle of judicial immutability 司法不变原则的历史方面和演变过程
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.133
A.M. Tymchyshyn
{"title":"Historical aspects and evolution of the principle of judicial immutability","authors":"A.M. Tymchyshyn","doi":"10.24144/2788-6018.2024.02.133","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.133","url":null,"abstract":"The article examines the principle of the immutability of judges as a key element in ensuring the independence of the judicial system, which is an important tool for the administration of fair justice and the establishment of a democratic society. Analyzing the historical development, evolutionary changes, and contemporary application of the principle, the author explores how the principle of the immutability of judges contributes to protection against unjustified dismissal and political interference, while ensuring stability and predictability in justice. The article also discusses contemporary challenges, including corruption and political pressure, which can undermine the effectiveness of this principle, and proposes possible solutions and recommendations for overcoming them. Particular attention is paid to the need for a balance between protecting judges and ensuring their accountability, which is crucial for maintaining public trust in the judicial system. \u0000This scientific article can be of significant practical benefit for various categories of readers and sectors of society, including judges and lawyers, legislators, researchers, law students for further research in the field of justice, as well as material for academic study and debates. \u0000Overall, the scientific article helps to raise awareness of the importance of the principle of the immutability of judges, highlights its role in protecting the rule of law and democracy, and can serve as a basis for practical measures in the field of justice and legislation.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988617","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
Features of the rights and obligations of the parties to the contract for the supply of energy resources through the connected network 通过联网供应能源合同各方权利和义务的特点
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.42
A.M. Ostrovskyi
{"title":"Features of the rights and obligations of the parties to the contract for the supply of energy resources through the connected network","authors":"A.M. Ostrovskyi","doi":"10.24144/2788-6018.2024.02.42","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.42","url":null,"abstract":"Contemporary technological advancements and globalization of energy markets necessitate the adaptation of legal regulations to new challenges and opportunities. The contract for the supply of energy resources through an interconnected network becomes a strategically important instrument for ensuring energy supply stability and competitiveness of energy enterprises. However, there are specific legal and obligatory aspects that require attention to ensure effectiveness and understanding of parties' obligations. This scholarly article is dedicated to analyzing the peculiarities of legal regulation and obligations of parties in the context of contracts for the supply of energy resources through interconnected networks. Starting with an overview of existing regulatory acts, the study examines the main issues arising in the context of such contracts, including responsibility for service quality, price and tariff regulation, as well as resolution of legal disputes in the context of contract breaches. Special attention is paid to analyzing practical challenges faced by parties entering into such contracts, as well as seeking optimal solutions to enhance the effectiveness of contracting and implementation. The author of the scholarly article also considers potential directions for reforming legal norms and regulatory mechanisms to ensure stability and transparency in the field of energy supplies through interconnected networks. The results of the conducted research reveal that contract for the supply of energy resources through interconnected networks are complex legal instruments requiring careful legal analysis and regulation. The findings of the study may serve as a basis for further reforms in the field of legal regulation of the energy sector and contribute to improving the conditions for concluding and implementing contract for the supply of energy resources through interconnected networks, ensuring sustainable and efficient functioning of the energy market.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 468","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989813","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
Acquisition of land ownership rights by foreign persons according to the laws of Ukraine and Canada 外国人根据乌克兰和加拿大法律获得土地所有权
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.60
T. Kovalenko
{"title":"Acquisition of land ownership rights by foreign persons according to the laws of Ukraine and Canada","authors":"T. Kovalenko","doi":"10.24144/2788-6018.2024.02.60","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.60","url":null,"abstract":"The article conducts a comparative legal study of the specifics of acquisition and exercise of land ownership by foreigners, stateless persons and foreign legal entities under the legislation of Ukraine and Canada, as a result of which the Canadian experience of legal regulation in the specified area, which is most acceptable for Ukraine, is substantiated. \u0000It has been established that in the science of land law of Ukraine, one of the most controversial issues is the possibility, scope, conditions and grounds of granting land ownership rights to foreigners, stateless persons, and foreign legal entities, especially considering the provisions of Art. 13 of the Constitution of Ukraine, which declares all land to be the property of the Ukrainian people. This issue has not been resolved definitively in the land legislation, as access of foreign persons to ownership of agricultural land can be granted only after a positive decision of the All-Ukrainian referendum. \u0000The conducted research showed that Canadian legislation provides for the possibility of establishing restrictions on the acquisition of land ownership by foreign entities both at the federal level (a two-year restriction on the purchase of residential real estate, including vacant land plots intended for residential development), and at the level of individual provinces and territories. At the level of the provinces and territories, there are different legal models for restricting the access of foreign persons to the right to ownership of land, primarily for agricultural purposes. There are no legal restrictions on the acquisition of the right to ownership of land by foreign persons in British Columbia, Ontario, Newfoundland and Labrador, New Brunswick and Nova Scotia. At the same time, in Alberta, Saskatchewan, Manitoba, and Quebec, the access of foreigners to land ownership is significantly limited, in particular, by establishing the maximum size of land plots that they can acquire on ownership. \u0000The article claims that the establishment of restrictions in Canadian legislation on the acquisition of ownership rights to land, primarily for agricultural purposes, is conditioned by the need to ensure priority access to the lands of Canadian citizens and Canadian corporations, which can be a reference point for the settlement of these issues in Ukrainian land law. Canadian legislation, both at the federal level and at the level of individual provinces and territories, provides effective mechanisms of legal responsibility in the event of violation of legal restrictions on foreign persons' access to land ownership, which should be provided for in Ukrainian legislation.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"11 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987914","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
Certain aspects of criminal evidence and digital evidence 刑事证据和数字证据的某些方面
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.116
Jakub Matis
{"title":"Certain aspects of criminal evidence and digital evidence","authors":"Jakub Matis","doi":"10.24144/2788-6018.2024.02.116","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.116","url":null,"abstract":"The evolution of digital technology has revolutionized the landscape of criminal investigations and legal proceedings. This paper delves into the nuanced realm of evidence, with a particular focus on digital evidence, which has become increasingly prevalent in today's digital age. The proliferation of digital information presents both opportunities and challenges for the field of criminal procedure. Recognizing the growing importance of electronic evidence in criminal investigations, the Commission has taken proactive measures to streamline the process of obtaining such evidence. New rules have been introduced to facilitate the acquisition of electronic evidence by judicial authorities. Among these rules are provisions for the creation of a European Evidence Production Order and a European Preservation Order specifically tailored for electronic evidence in criminal cases. Furthermore, providers of electronic services operating within the European Union are now required to appoint a legal representative, further enhancing the accessibility of electronic evidence for legal proceedings. Despite these advancements, the utilization of digital evidence raises complex legal questions and challenges. This paper critically examines the various implications associated with the use of digital evidence, shedding light on issues such as authenticity, admissibility, and the preservation of digital evidence. By analyzing these aspects in depth, the paper aims to provide insights into the multifaceted nature of digital evidence and its implications for criminal procedure.In addition to addressing legal complexities, the paper also seeks to establish a foundational understanding of digital evidence by providing basic definitions and classifications. By elucidating the diverse sources and forms of digital evidence, ranging from emails and transaction records to video recordings and metadata, the paper lays the groundwork for a comprehensive understanding of this evolving field. In conclusion, this paper serves as a comprehensive exploration of the role of digital evidence in contemporary criminal investigations and legal proceedings.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"115 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988017","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 right to freedom of speech: theoretical and legal aspect 言论自由权:理论和法律方面
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.11
V. Pankratova
{"title":"The right to freedom of speech: theoretical and legal aspect","authors":"V. Pankratova","doi":"10.24144/2788-6018.2024.02.11","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.11","url":null,"abstract":"The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. \u0000Documents were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. \u0000The author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding \"freedom of speech” are described. \u0000It was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. \u0000The article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988581","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
Digital human rights: doctrinal principles 数字人权:理论原则
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.17
D. Byelov, I.Ye. Peresh, I. Pokorba
{"title":"Digital human rights: doctrinal principles","authors":"D. Byelov, I.Ye. Peresh, I. Pokorba","doi":"10.24144/2788-6018.2024.02.17","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.17","url":null,"abstract":"The authors note that the digitization of public services has taken place, which has led to the transition of most or at least a significant number of public services to an electronic format and allowed us to talk about the emergence of concepts of electronic state (government) (e-government). The step-by-step transformation of state data management based on digital technologies, the development of complex super-services for citizens and businesses to receive public services in one click (DIY) was called «digital public administration». However, a clear definition and framework of the concept of «digital human rights» has yet to be developed. They seem to cover all human rights in the context of digitization and the development of modern information and communication technologies. It can be considered that this is the field of information law, which regulates human rights related to the use of information technologies. This includes the regulation of relations in the field of personal data processing, publication of information on the network, processing of big data, application of artificial intelligence, etc. \u0000The purpose of the scientific article is to consider the concept of digital rights and their implementation in the Ukrainian and European legal space, taking into account the contribution of Ukrainian scientists. The digital revolution that has swept the world has significantly changed the way people communicate, work and live. However, this rapid technological development brings with it new challenges for the protection of human rights. This article examines the concept of digital human rights and their dimensions in the Ukrainian and European context. \u0000It is indicated that the study and protection of digital human rights in the modern world requires a comprehensive approach, taking into account both Ukrainian and European experience. The works of domestic scientists testify to the urgency of the problem and indicate the need for further research in this area. Digital human rights are becoming an integral part of modern society, where technology is rapidly changing the way we live and interact. Ukraine, like other countries, faces many challenges in the field of digital rights, which are caused by the rapid development of information and communication technologies. From this context: first, understanding digital rights and their importance becomes a necessity for every member of society. People should be aware of their rights and responsibilities in the digital space, especially regarding the protection of privacy and personal data; secondly, the development of digital rights in Ukraine should take into account the best practices of European countries and global standards. Improving legislation, increasing public awareness and developing cyber defense are aspects that require immediate attention; thirdly, the importance of cooperation between the state, citizens, business and the scientific community. Effective and sustainable solutions ","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989034","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
Administrative and legal mechanism of public service provision in Ukraine 乌克兰提供公共服务的行政和法律机制
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.83
Jа.P. Pavlovych-Seneta
{"title":"Administrative and legal mechanism of public service provision in Ukraine","authors":"Jа.P. Pavlovych-Seneta","doi":"10.24144/2788-6018.2024.02.83","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.83","url":null,"abstract":"The article highlights the administrative and legal mechanism of providing public services in Ukraine. In particular, the study of theoretical and legal approaches to the concept of public services and their differentiation from other types of services provided by state authorities and local governments. It is noted that the definition of \"public services” is significantly influenced by the scientific discipline in the context of which this phenomenon is studied. It was established that the concept of \"public services” unites the broadest understanding of various services provided by the state or local authorities to citizens and legal entities. These can be health care services, education, transportation and social services, financial services and insurance, law enforcement services and administrative services, as well as other services aimed at meeting the needs of all members of society. At the same time, attention is drawn to the fact that the provision of public services must always be oriented to the category of \"public interest”, which is a variable social value that, in certain political and legal conditions, reflects the interest of the entire or dominant part of society, as determined by legislation and implemented through the activities of public administration. \u0000A direct relationship has been established with other types of services that can be obtained in the field of public administration, in particular, state, municipal, administrative, and social services. The formation of the institute of public services in Ukraine and the peculiarities of its formation are disclosed. It is noted that today there is a considerable legislative basis for the provision of public services and a whole system of bodies that provide them. At the same time, it is stated that the scientific, legal, organizational and information support of the system of providing public services, the formation of mechanisms for scientific and informational monitoring of their provision, constantly needs improvement.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" December","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990045","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
Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence 在法学领域实施人工智能的问题所在
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.3
V. Hryshko, S. Vozniuk
{"title":"Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence","authors":"V. Hryshko, S. Vozniuk","doi":"10.24144/2788-6018.2024.02.3","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.3","url":null,"abstract":"The article is devoted to highlighting problematic aspects of the implementation of artificial intelligence in the field of jurisprudence, in particular, in certain branches of law. Due to the rapid development of neural network capabilities, artificial intelligence is a tool for quickly completing tasks and processing information in various spheres of society, including in jurisprudence. Therefore, for a comprehensive analysis, it is necessary to identify problem areas for the implementation of such a phenomenon. \u0000It is noted that today there is no unified approach to defining the concept of artificial intelligence. The authors provide several definitions of this concept for the most complete understanding of the essence of artificial intelligence. The legislation does not contain a normative legal act dedicated to the issue of the essence and procedure for using artificial intelligence, which gives rise to such dilemmas. Despite the widespread use of artificial intelligence capabilities among citizens, there is a lack of interest, funding and development of educational methods for the effective use of artificial intelligence in professional activities on the part of government authorities. It is also stated that the introduction of artificial intelligence into professional activities requires staffing with specialists who can service the software. \u0000The problems of introducing artificial intelligence in the field of legal proceedings are analyzed. The use of artificial intelligence by courts risks undermining the autonomy of courts and the independence of judges. Artificial intelligence is not able to comprehensively evaluate evidence and make decisions based on moral standards. The issues of transparency of courts, guaranteeing fundamental human rights and freedoms, and software reliability remain open. \u0000The legal status of artificial intelligence in civil law is considered. Since artificial intelligence is capable of creating a work, questions remain regarding the protection of copyrights using artificial intelligence and legal liability in case of copyright infringement. A debatable and controversial topic is the definition of artificial intelligence as a subject or object in a civil legal relationship. \u0000It has been determined that the introduction of artificial intelligence in criminal proceedings can become a factor in increasing cyber attacks on the neural network with the aim of stealing, destroying, and making data public.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988386","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
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