scholarly journals Features of Legal Relations that Arise on the Internet

2021 ◽  
Vol 7 (3) ◽  
pp. 1001-1007
Author(s):  
Myroslav Kovaliv ◽  
◽  
Serhii Yesimov ◽  
Ruslan Skrynkovskyy ◽  
Ivan Krasnytskyi ◽  
...  
Keyword(s):  
Public Relations ◽  
International Organizations ◽  
Policy Development ◽  
System Analysis ◽  
Legal Regulation ◽  
The Internet ◽  
Infrastructure Development ◽  
Legal Personality ◽  
Legal Standards ◽  
Internet Policy

Based on the methodology of system analysis, the article examines the features of legal relations that arise on the Internet. It is defined that Internet legal relations are legally regulated public relations under the state's protection, which arise based on digital technologies in cyberspace. It is stated that there are many entities on the Internet which can be grouped into: technical entities, people responsible for the functioning of the Internet; individual subjects and users; collective subjects, among which are the governmental entities, which provide legal regulation of relations on the Internet, policy development and implementation; non-governmental entities - business; civil society, stakeholders in the expansion of the Internet and infrastructure development; international organizations that coordinate issues, develop technical and legal standards related to the Internet. The legal personality of the subjects of Internet relations is described. It is noted that the subjects exercise the rights that are aimed at certain interest groups: services, goods, information. The specifics of the Internet legal relations are that the rules of administrative, informational, civil, criminal law, etc. will be applied, depending on the object to which the subjects' interests are directed.

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE FIGHT AGAINST FAKE NEWS

2021 ◽  
pp. 154-164
Author(s):  
Anna S. Zueva ◽  
◽  
Liana A. Makaeva ◽  
Keyword(s):  
Public Relations ◽  
Positive Impact ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
The Internet ◽  
Negative Consequences ◽  
Fake News ◽  
Significant Information

The article describes the role of the Internet in the modern information society. The negative consequences of the openness of this information and telecommunications network are studied. The paper also substantiates the consequences of the activities of anonymous users who commit offenses. The authors consider the experience of combating fake news in developed countries (Great Britain, Germany, France) and emerging markets (Brazil, Venezuela, Egypt, Qatar, China, Singapore, Turkey). Special attention is paid to such a new phenomenon in the field of spreading false information as "deepfakes". As a result of a comparative legal analysis of regulation in the field of countering the publication of information that does not correspond to reality in online publications, it is concluded that many countries have realized the importance of the threat of spreading fake news. Foreign legislation is formed from the point of view of creating preventive measures in the field of dissemination of unreliable socially significant information. In addition, the authors of the study noted that the adoption of legal measures to combat the spread of fake news at the national level helps to minimize the negative socially significant consequences of the activities of offenders. From this point of view, these actions are absolutely justified and have a positive impact on the regulation of public relations on the Internet.

scholarly journals Constitutional and Legal Status of Artificial Intelligence in Russia: Present and Future

Lex Russica ◽  
2020 ◽  
pp. 78-85
Author(s):  
A. V. Nechkin
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Main Element ◽  
Current Form ◽  
Legal Personality ◽  
Socioeconomic Rights ◽  
Artificial Intelligence Technology

In the paper, the author uses general scientific and specific scientific methods of cognition to scrutinize the problems of constitutional and legal regulation of public relations in Russia, related to the widespread introduction of artificial intelligence technology. Based on the results of the research, the author concludes that modern Russian constitutional legislation, even in its current form, makes it possible to regulate the nascent social relations associated with the widespread introduction of artificial intelligence technology. In particular, it is noted that the provisions of the Constitution of the Russian Federation allow for an expanded interpretation of the concept "personality", covering not only a person, but also highly developed artificial intelligence. According to the author, the constitutional and legal status of highly developed artificial intelligence should be based on the image and likeness of the constitutional and legal status of a person. The only exceptions should be the following. First is legal personality, which by its legal nature should be extremely close to the legal personality of bodies and organizations and should arise from the moment the relevant decision is made by the competent state authority. Rights, freedoms and obligations should imply a limited amount of personal rights and freedoms, the complete absence of political and socioeconomic rights. The last exception is the limited passive dispositive capacity of artificial intelligence. In addition, the main element in the structure of the constitutional and legal status of artificial intelligence in Russia should be universal restrictions on its rights and freedoms, which would serve as analogues of natural human physiological restrictions and would not allow artificial intelligence to acquire evolutionary advantages over humans. Thus, the structure of the constitutional and legal status of artificial intelligence as a person can and should in the future look like this: legal personality; rights, freedoms and duties; guarantees that ensure the implementation of rights and freedoms; universal restrictions on rights and freedoms.

scholarly journals INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 163-168
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Necessary Condition ◽  
Legal Norms ◽  
Insurance Business ◽  
Business Entities

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.

scholarly journals Prospects of modernization of the institute of citizenship in modern constitutional law

2020 ◽  
Vol 10 (19) ◽  
pp. 124-130
Author(s):  
Dmytro Tysiachnyi ◽  
Keyword(s):  
Public Relations ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Second World War ◽  
World War ◽  
Legal Standards ◽  
Global Constitutionalism ◽  
Late Twentieth ◽  
Legislative Support ◽  
Second World

The problematic issues of the functioning of the institution of citizenship in the modern conditions of formation and development of global constitutionalism are studied. Ways to modernize the constitutional and legal institution of citizenship are proposed. The need for comprehensive improvement of the constitutional and legal regulation of citizenship issues is emphasized. It is noted that the modern content and nature of the institution of citizenship, which was formed under the influence of international legal standards after the Second World War, in the late twentieth and early twentieth century under the influence of globalization and interstate integration processes have undergone some changes. After all, the content of the constitutional and legal category of citizenship has acquired features and functional properties that go beyond traditional intoxication. First of all, citizenship ceases to be perceived as an exclusive link with one state in its mutual rights and responsibilities, and also ceased to be monopolized with the category of sovereignty of a particular state. Given the objective and established trends in the formation and development of the institution of citizenship change, there is a need for scientific understanding of the accumulated theoretical and methodological knowledge about these phenomena, as well as real experience of legislative constitutional and legal regulation of the organization and activities of state bodies. strengths and weaknesses of regulations governing public relations in the field of citizenship, the adoption of effective regulatory technologies, approaches and methods of legislative support, as well as the application of comparative approaches to the analysis of legislation in the field of citizenship, which will identify, specify and eliminate gaps legislation, outline practical conceptual areas for its improvement.

scholarly journals "You can see anything on the internet, you can do anything on the internet!": Young Canadians Talk about the Internet

2006 ◽  
Vol 30 (4) ◽  
Author(s):  
Leslie R. Shade ◽  
Nikki Porter ◽  
Wendy Sanchez
Keyword(s):  
Young People ◽  
New Media ◽  
Policy Development ◽  
The Internet ◽  
Structured Interviews ◽  
Media Environment ◽  
Children And Young People ◽  
Internet Policy ◽  
School Based ◽  
Use Of The Internet

Abstract: This paper presents emerging findings based on 35 semi-structured interviews conducted with children and youth from the research project Children, Young People, and New Media in the Home. The objective of this research is to examine young people’s use of the Internet by focusing on the overall media environment at home. Our study indicates that while children and young people are active and intrepid Internet surfers, they use the Internet to extend their local and school-based social ties, and that they have very little concern for offensive or illegal content issues. We argue that these experiences of children and young people need to be considered an intrinsic facet of Canadian Internet policy development treating children and young people as valid and active citizens. Résumé : Cet article présente de nouvelles données basées sur trente-cinq entrevues semi-structurées menées auprès d’enfants et de jeunes dans le cadre du projet de recherche « Les enfants, les jeunes, et les nouveaux médias au foyer ». L’objectif de cette recherche consiste à examiner l’utilisation d’Internet par les jeunes en tenant compte de leur milieu médiatique au foyer. Notre étude indique que les enfants et les jeunes, bien qu’ils soient des cybersurfeurs actifs et intrépides, utilisent principalement Internet pour développer leurs réseaux locaux et scolaires, et qu’ils ne se préoccupent guère de questions de contenu offensif ou illégal. Nous soutenons qu’il faut tenir compte des expériences de ces enfants et jeunes dans l’élaboration d’une politique canadienne pour Internet qui traite ceux-ci comme des citoyens actifs à part entière.

scholarly journals Transformation of Matrimonial and Family Relations in the Context of a Network Society

Lex Russica ◽  
2019 ◽  
pp. 29-35
Author(s):  
O. E. Savenko
Keyword(s):  
Research Methods ◽  
Information And Communication Technologies ◽  
System Analysis ◽  
Family Relations ◽  
Legal Regulation ◽  
Network Society ◽  
The Internet ◽  
Normative Documents ◽  
Legal Norms ◽  
Information And Communication

The relevance of the study lies in the existence of a larger range of socially significant processes taking place in the Internet. This has been made possible by the development of information and communication technologies and the formation of a network society. The key problem for lawyers is the construction of the legal regulation of certain actions performed in the Network and the protection of the rights of persons doing such actions. As a result of the study, the author has analized a number of actions in the field of matrimonial relations in the Internet that will improve the quality of life of citizens and will not harm personal and family values.The purpose of the study is to try to identify features of transformation of marriage and matrimonial relations in the context of development of globalization of the society and formation of a so-called network society. The objectives of the study include the analysis of features of the existence of marital and family relations in the context of a network society. The author uses various general scientific research methods: dialectical, systemic, logical, as well as special: observation, content analysis and other research methods.The author uses a system analysis of legal norms (legislative acts, departmental normative documents) and methods of comparative jurisprudence to study the issue and resolve the problem in question.

LEGAL REGULATION OF ELECTION CAMPAIGNING IN THE INTERNET INFORMATION AND COMMUNICATION NETWORK

2021 ◽  
pp. 49-54
Author(s):  
Anton K. Kuznetsov
Keyword(s):  
Communication Network ◽  
Public Relations ◽  
Russian Federation ◽  
Information Technologies ◽  
New Technologies ◽  
Legal Regulation ◽  
The Internet ◽  
Federal Law ◽  
Information And Communication ◽  
The Russian Federation

The relevance of the topic under study is due to the wide penetration of new technologies in all spheres of public relations. Due to its special situation, the electoral process is the most susceptible not only to the introduction of modern technologies, but to a greater use of the information and communication network "Internet" as well. Adaption of the electoral legislation to the requirements of the time appears to be important. The present study is aimed at a comprehensive analysis of the Russian legislation regulating the issues of election campaigning in the information and communication network "Internet". The article analyzes Federal Law № 43-FZ dated March 9, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation", Federal Law №67-FZ dated June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of the Russian Federation Citizens", Federal Law № 149-FZ dated July 27, 2006 "On Information, Information Technologies and Information Protection", Federal Law № 20-FZ dated February 22, 2014 "On Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation". Amendments to the legislation regarding regulation of election campaigning in the Internet are considered as a timely and adequate response to the growth of Internet use for campaigning purposes. Election commissions have additional rights to prevent dissemination of campaign materials and information in the Internet that do not meet the requirements of the electoral legislation. Concerning these appeals, election commissions can contact the Federal Service for Supervision of Communications, Information Technology and Mass Media. Attention is drawn to possible difficulties in new legislation enforcement, such as additional resources, professional skills in tracking, identifying and documenting violations.

scholarly journals Cyberbullying as a Deviation of the Right of Citizens to Freedom of Opinion on the Internet

2019 ◽  
pp. 96-101
Author(s):  
K. A. Ivanova ◽  
A. A. Stepanov ◽  
E. V. Nemchinova
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Legal Regulation ◽  
The Internet ◽  
The Social ◽  
Legal Nature ◽  
Harm To Others ◽  
The Right

Due to the widespread internetization of public relations, the Internet has become one of the most important platforms for the implementation of civil rights and freedoms, including the freedom of expression. However, some users go beyond legitimate exercise of this right causing harm to others by their actions. Cyberbullying is one of the forms of such actions.The purpose of the article is to draw the line between lawful expression of a negative opinion and cyberbullying while there is no necessary legal regulation in this field in the Russian legislation. To achieve this goal, the authors study the social and legal nature of cyberbullying relying on Russian and foreign experience. The paper highlights two cases of mass cyberbullying that took place in Russia in 2018 and caused a major public outcry.The authors conclude that the line between cyber-bullying and implementation of the freedom of expression is the deliberate focus of the former on causing moral suffering to the opponent and its unilateral nature. In addition, the paper focuses on the need for self-regulation of citizens on the Internet in order to protect public morality, as well as filling the existing legal gap.17

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