Legal Control Research Articles

Ethical considerations in Risk management of autonomous and intelligent systems

Abstract The rapid development of Artificial Intelligence (AI) has raised concerns regarding the potential risks it may pose to humans, society, and the environment. Recent advancements have intensified these concerns, emphasizing the need for a deeper understanding of the technical, societal, and ethical aspects that could lead to adverse or harmful failures in decisions made by autonomous and intelligent systems (AIS). This paper aims to examine the ethical dimensions of risk management in AIS. Its objective is to highlight the significance of ethical considerations in mitigating risks associated with the development, deployment, and use of AIS. The paper provides an overview of various types of AI risks and risk management procedures aimed at mitigating the negative impacts of those risks. We employ a comprehensive risk management approach that combines technical expertise with ethical analysis to ensure alignment with human values and societal objectives. Through the analysis of AI risks and risk management procedures, we advocate for establishing effective mechanisms for ethical oversight and legal control to promote ethical and trustworthy AIS. The findings reveal key risks associated with transparency, accountability, privacy infringement, algorithmic bias, and unintended consequences. To address these challenges, we consider integrating ethical principles into risk management practices, transparent risk communication, continuous engagement with all stakeholders, establishing robust accountability mechanisms, and regular ethical oversight as imperative in ethically designing and operating AI systems. Given the diminished effectiveness of internal audits compared to external audits, we also recommend the implementation of regular monitoring mechanisms through independent external audits when evaluating risk management practices.

REGULATING THE DIGITAL SPHERE: A COMPARATIVE ANALYSIS OF SOCIAL MEDIA GOVERNANCE

India has experienced the potential of social media platforms and witnessed the far-reaching consequences which these platforms may pose. With the recent rise of social media platforms such as Facebook, Instagram, YouTube, Twitter, and other popular websites, the legal control of social media has become a major concern. This paper discussed the governing legislation and regulatory agencies in India and did a critical study of their efficacy in addressing social media-related issues. It analyses critically the regulatory policies concerning social media of various jurisdictions including United States, United Kingdom and European Union inter-alia followed by deductive analysis for the Indian scenario. In the end of the paper recommendations are provided for enhancing the efficiency of the present legal & policy process in order to achieve the desired goals in the evolving Indian society.

Legal Object Control of Major Administrative Decisions

Legal Object Control of Major Administrative Decisions

State Legal Control over Local Self-Government: Mechanisms for Countering Crimes against the Territorial Integrity of Ukraine

State Legal Control over Local Self-Government: Mechanisms for Countering Crimes against the Territorial Integrity of Ukraine

Digital Divide’s Impact on Accounting Information Systems Risks Faced by Financial Auditors: A Jordanian Case Study

The study emphasizes the importance of organizational structure, human capital, and legal controls in reducing accounting system risks. Three research questions explore the impact of the organizational structure, the role of human capital, and the significance of legal controls in risk reduction. Using statistical analysis, 104 questionnaires were distributed, and 76 were collected for the statistical analysis, including simple linear regression. The study reveals significant findings. The organizational structure plays a positive and influential role in establishing sound internal control systems that reduce accounting system risks. Qualified human capital contributes to technical progress, enhancing the accuracy and efficiency of financial audit activities. Robust legal controls effectively identify deviations, ensuring data integrity and compliance with international standards. Recommendations for the JDRC include establishing a clear organizational structure, investing in qualified human capital, and implementing comprehensive legal controls to mitigate accounting system risks. This study contributes to the literature by addressing unique variables and highlighting the risks and limitations of accounting systems within the JDRC. The findings inform organizations in similar contexts, guiding effective risk mitigation strategies and enhancing accounting system performance.

Handwritten Signature Verification System Using User-dependent Approach: A Comparative Study

Handwritten signature verification is a critical aspect of personal authentication in numerous sectors, including banking, legal, and access control systems. This paper provides a comprehensive investigation into writer-dependent signature verification techniques, spanning from traditional approaches such as Histogram of Oriented Gradients (HOG) and Scale-Invariant Feature Transform (SIFT) to cutting-edge deep learning architectures like Siamese and triplet networks. Through extensive experimentation and meticulous analysis conducted on benchmark datasets, we rigorously compare and evaluate the efficacy of these approaches. Our study reveals intriguing insights into the performance characteristics of different methodologies, shedding light on their strengths, weaknesses, and areas for improvement. Notably, we observe that while traditional feature-based methods excel in capturing discriminative information from signature images, deep learning architectures offer enhanced flexibility and adaptability, particularly in scenarios with large and diverse datasets. By combining the strengths of both paradigms, we demonstrate the potential for building robust and reliable signature verification systems capable of handling real-world challenges and variations. We highlight the importance of carefully curated datasets and well-designed network architectures in achieving optimal results, thereby providing valuable guidelines for practitioners and researchers in the field. In conclusion, this study contributes significant insights to the advancement of handwritten signature verification systems, emphasizing the importance of leveraging both traditional methodologies and modern deep learning techniques for building secure and dependable authentication mechanisms. By addressing key challenges and exploring novel approaches, our research aims to foster innovation and enhance the security measures associated with handwritten signature authentication in diverse applications. Keywords—Handwritten signature verification, Writer-dependent approach, Feature-based methods, Deep learning, Siamese networks, Triplet networks, Benchmark datasets, Performance evaluation, Authentication mechanisms, Security measures.

Analysis of China’s “three supports and one assistance” policy from the perspective of policy tool

This paper takes China’s “three supports and one assistance” policy implemented from 2018 to 2023 as the research subject and conducts a quantitative analysis of policy texts through the establishment of a two-dimensional analytical framework. The study reveals that the overall policy structure in China is unbalanced, evident in issues such as an overemphasis on environmental policies, a lack of supporting construction policies, low participation from universities and rural entities, a relatively homogenous type of policy texts, and a dearth of authoritative legal and regulatory control documents. Consequently, it is imperative to appropriately optimize the overall structure of policy tools, comprehensively consider the rational layout of various policy instruments, enhance the development of supporting facilities, laws, and regulations, promote the long-term and sustainable role of universities and rural subjects in policies, and further supplement the diversity of relevant policy texts.

Built on Women’s Bodies: An Author’s Response

Across the twentieth century, police were the enforcers of public space, determining which women would be targeted as problems to solve. Sexual policing—the targeting and legal control of people’s bodies and their presumed sexual activities—was considered a marginal and degraded use of public resources, maligned by officers and residents alike. And yet, amid the recurring crises of legitimacy for police during the scandalous enforcement of Prohibition and the social uprisings of the 1960s, the contested practice of sexual policing was also central to the legitimization and legalization of police power. The Streets Belong to Us is a spatial history of the development of urban police regimes as embattled authorities fought to seize and consolidate power. But embedded in that work is an argument that the formation of police power—like the formation of cities themselves—cannot be understood without accounting for gender and the interlocking hierarchies of race, class, and sexuality that make gender meaningful. Focusing on sexual policing, the most historically gendered arena of law enforcement, from Prohibition in segregated Jim Crow to the rise of broken windows policing in the gentrifying 1980s, I argue that police power and the modern city were built on women’s bodies.

Paying for Freedom: Community Payment of Fines as Collective Resistance to Australia’s Criminalisation of Race and Class

Since colonisation, Australia’s criminal apparatus has targeted people on the basis of race and class through changing modes of legal control. This article explores two examples of collective resistance to this. In 2019, Sisters Inside’s FreeHer campaign enlisted community members to pay for the freedom of Aboriginal women imprisoned for non-payment of fines in Western Australia. Simultaneously, in the United States, bail funds enabled people to free those imprisoned due to inability to afford cash bail. In both examples, by paying for the freedom of strangers, the community inserts itself into otherwise opaque criminal processes, challenging the very reason for a person’s incarceration and disrupting the rhetorical divide between the community and the criminalised. Through the framework of demosprudence (ie, collective citizen mobilisations which are democracy-enhancing) and prison abolition, this article demonstrates the capacity for these forms of participatory resistance to contribute to transformative social and legal change.

AI 거버넌스의 정의와 쟁점 및 발전 과제: 비판적 관점

In the data-driven economy, AI algorithms will eventually drive power interests and value allocation of scarce resources in terms of who gets what, when, and how. However, to date, the decision-making process and internal mechanisms of algorithm-based AI remain “a black box”. Therefore, a critical systematic analysis of the benefits and limitations of AI’s practical utility and applicability, as well as legal and institutional promotion and control measures to enhance transparency in algorithm design, is needed now more than ever. The current structural situation of human oppression, control, and domination by AI power in the name of techno-engineering-based social innovation and development in the age of digital capitalism requires a multidisciplinary approach to governance that utilizes political science, educational politics, and critical theory perspectives. This paper aims to comprehensively review the emerging AI governance definitions, issues, and development plans from critical perspectives.

IMPLEMENTATION OF THE TASKS OF THE OMBUDSMAN AS PART OF THE INDEPENDENT BODY MONITORING INAPPROPRIATE POLICE ACTIONS

Police services and special services in a democratic state are geared toward providing the state and its citizens with security, i.e. protection against internal and external threats. However, one cannot forget that police activities, in their essence, significantly interfere with fundamental freedoms and human rights. The establishment of the civilian oversight is often a difficult process, with necessary factors such as political support, police cooperation, activist support, resources, management and leadership and public attitudes. The supervision of the police activities in the external system remains largely in Poland within the competence of the Commissioner for Human Rights. Commissioner for Human Rights is the constitutional authority for the legal control and protection, who safeguards human and civic freedoms and rights specified in the Constitution and other legal acts. In his/her activities, the Commissioner is integral and independent from other state authorities. The aim of this paper is to outline the general oversight of police mechanism, made by the Commissioner of Human Rights. The paper presents the reasons for the independent investigation of police complaints and for restoring confidence in the complaints system and in police. For this paper, the term oversight of police will be associated with the institutions outside the Police, which have power to control the way police departments handle complaints about the disputed police conduct.

Человек есть цифровая личность, или у человека есть цифровая личность?

The Internet is an important part of modern life; however, most virtual processes are beyond the scope of legal control. The state as a legislator regulates relations that originate in the real world. As a result, the law often fails to take into account the specifics of virtual environment. The poor legal regulation comes from the fact that the legislator cannot determine whether digital rights and freedoms are new categories or a continuation of the existing legal provisions. In this article, the author attempts to identify the correct approach by answering the obvious question: Is there a digital life and a separate digital personality, or is the digital space a continuation of the constitutional right to life exercised by a real-life legal subject? The research relied on standard methods of cognition and specific scientific methods, e.g., comparative and formal logical analyses. While analyzing the concept of the constitutional right to life, the author defines the categories of digital image and digital personality in order to develop a variant of legal regulation of digital rights and freedoms. The validity of digital personality depends on the approach the legislator chooses to regulate digital rights and freedoms. If the legislator sees digital rights and freedoms as a continuation of the rights and freedoms that exist in reality, a digital personality is impossible: it is a digital image of a real person in virtual space. If the legislator evaluates rights and freedoms as a new category, a digital personality is a valid concept, but only in the context of artificial intelligence.

Censoring Kuli Pratha in British India

In 1917, the United Provinces government in British India proscribed Lakshman Singh’s play titled Kuli Pratha arthat Biswin Shatbdi ki Gulami (The System of Recruiting Coolies, in other words, Slavery in the Twentieth Century), under the Indian Press Act of 1910. This essay analyzes Kuli Pratha’s proscription when indenture was an important issue on the nationalist agenda and shows that legal control of literature was shaped not only by issues within the subcontinent but also by British imperial policies and practices in the Empire’s colonial outposts beyond India. Analyzing the play in tandem with its proscription, its extra-legal contexts, and its official English translation that served to direct authorities about its political subject matter, thus, provides a layered understanding of the complicated entanglements of colonialism, nationalism, and literature.

The Examining Judge in the Kyrgyz Republic as a Geopolitical Project to Preserve Institutional Legal Control Over Post-Soviet Countries, Replacing Prosecutorial Supervision of the Investigation, Contradicting the Constitutional Foundations of the Construction of the Criminal Process in the Kyrgyz Republic

Based on information from the Ministry of Justice of the Kyrgyz Republic, as well as data from scientists in a number of countries, the author concludes that it is unconstitutional and unreasonable to introduce into the criminal process of the Kyrgyz Republic such a subject as an investigating judge, who competes in his powers with the head of the investigative unit and the supervising prosecutor at the investigation stage , which creates a split in the criminal prosecution system, slows down its work, interferes with it, destabilizes it, has actually become a criminal prosecution body according to the plan of Western “experts”, whose task is to destroy the more or less efficient system of criminal prosecution and fight against crime in the Kyrgyz Republic.

Let Me Move: A Legal Analysis of Residence Restrictions on Asylum-Seekers in Ceuta, Melilla and the Canary Islands

For over a decade, Spanish police have prevented asylum-seekers in Ceuta and Melilla—two Spanish exclaves in Northern Africa—from moving to mainland Spain. Since 2020, similar measures have been taken in the Canary Islands. However, this practice has not taken place in a vacuum. This article shows that the Spanish authorities have long drafted and interpreted Spanish law in such a way as to create a veil of legality over these residence restrictions. Moreover, they have ignored attempts by the courts to uphold the freedom of asylum-seekers to choose their place of residence within the borders of the State. The government and the police have thus exercised a kind of “diluted” legal social control, in which legal certainty and human rights safeguards are out of the picture. This article analyzes the issue from different perspectives, using social control theories, classical legal doctrinal analysis, and comparisons with criminal law.

Transforming External Control of Municipal Finances in Hungary

The external control of the Hungarian municipal finances has been based on the traditional, continental dual model: the State Audit Office of Hungary, responsible for the professional control of these finances on the one hand, and the County (Capital) Government Offices, performing the legal supervision of the decisions and procedures of municipal finances on the other hand. This paper analyzes how this ecosystem has been transformed, and how central governmental control has been strengthened during the last decade. It also examines the phenomenon of blurring the boundaries between professional and legal control and supervision. Finally, it reviews the complementary elements of this system, such as the inspection competences of the Hungarian State Treasury and the asset management control powers of the public prosecutors.

Жануарларға жауапкершілікпен қарау туралы заңнаманы бұзғаны үшін заңды жауапкершілік

The article deals with topical issues related to bringing to justice for animal cruelty in modern Kazakh law. In this regard, there is a need to study offenses against animals, in particular violations of legislation on responsible treatment of animals. The purpose of the study is to study the legal regime of communication with animals in the modern legal system of the Republic of Kazakhstan, to determine the types of liability for violation of legislation on responsible treatment of animals, legal control over the protection of animals from erroneous manifestations, to prepare proposals to improve the rules and current legislation to ensure the needs of animals. The objectives of the study are to characterize the types of offenses based on foreign legislation and judicial practice, the reasoning of scientists and to give their own author's conclusions on improving the current legislation. The authors, starting with the analysis of the legal status of animals and ending with the attitude towards animals not only as things, but also recognizing them as beings capable of experiencing suffering and emotions, draw attention to the need to clarify the responsibility of the animal owner in this area of public relations in case of violation of the rules of keeping pets, a possible threat to the safety of others. Various branches of the law of the Republic of Kazakhstan analyzed the responsibility for animal cruelty established by civil, criminal and administrative law. The work carried out as a result allowed the authors to formulate a number of recommendations on current legislation in the field of regulating the situation when pets violate the rules of handling them.

Street vending and its resilience in the alleys of Hanoi (Vietnam)

In Hanoi, informal street vending is a very popular form of trade. Despite its important role in people’s consumption needs, it always faces unfavorable policies from the authorities, who consider this trade as the cause of negative urban problems. Hence, for the authorities, street vendors and informal markets become objects that needed eliminating in order to promote modern image of the city. For its part, street traders must simultaneously respond to the inhabitants’ demand and fight back the authorities’ actions. In spite of pressure from the authorities, street trade and informal markets are still very present, even growing in recent years. In particular, one of the places where informal markets are most present is the alleys in spontaneous neigborhoods, formed by urbanization from below. This raises the question of whether alleys are a favorable place for the resilience of street vending or not. Based on a qualitative methodology, we will analyze the socio-spatial practices of street traders by observing and interviewing 21 street traders in two large and long-standing informal alley markets: Kham Thien market and Van Chuong market in Dong Da district, a central populous district where legal control in street trade is very strict. In addition, data were collected in official documents, scientific studies and media coverage, all which have considerably contributed to the completion of this study. The article shows that thanks to the structural characteristics of alleys, informal commercial activities there have little impact on the modern urban image that the authorities desire and therefore street vendors are less affected by urban renewal operations. Besides, the complex network of narrow and zigzag alleys allows street traders to escape the police easily. Furthermore, the “mutually beneficial cooperation” between street vendors and inhabitants and between street vendors and authorities in a “law-breaking relationship” significantly contributes to the vitality of street trade in the alleys.

Цифровой правовой контроль как новая цивилистическая категория

Introduction: the article looks at digitalization of economy through the prism of the ‘new technological path’, Digital Earth concept, digital innovation in the framework of Industry 4.0. The focus is on the advantages and disadvantages of such digitalization from the perspective of digital legal control. In the light of the formulated thesis about the absence of a unified scientific idea of the place of digital legal control in the system of relations under private or public law, the author attempts to develop the fundamentals of the digital legal control concept, which is presented in the article as a new civil category. Purpose: to form a general idea of digital civil‐law control, its place in the system of types of digital legal control, and the areas of its practical implementation. Methods: general scientific methods used in the study include analysis, synthesis, induction, deduction, abstraction, interpretation, comparison, etc.; special scientific methods comprise legal‐dogmatic, historical‐legal, comparative‐legal methods, interpretation of legal norms, and legal modeling. Results: digital legal control is a characteristic of both public‐ and private‐law relations. The article develops doctrinal definitions of ‘digital public‐law control’ and ‘digital private‐law control’. Conclusions: in the field of public law, digital legal control is most often associated with public digital financial control. Digital legal control inherent in a civil agreement executed via a smart contract is implemented with the use of mathematical algorithms, therefore such control can be carried out both by a person and without his direct participation; however, in both cases such control is predetermined by the technical framework of a specific information system. Classical contract law is based on trust of the property turnover participants in the state system of coercion, while digital contract law is characterized by trust of the parties to an agreement in the computer code.

Direction with the discovery of legal control in the field of support for rare types of entrepreneurial activity

Within the framework of the article, an analysis of the current state of legal support in the field of support for certain types of entrepreneurial activity was carried out and ways for further development of legislation in this area were proposed. An assessment is made of the current preferential legal regimes for conducting certain types of entrepreneurial activity. In particular, the author focuses on special economic zones, industrial (industrial) parks, a special investment contract and territories of advanced socio-economic development. The problems of each of the considered legal regimes are indicated. Based on this, theoretical proposals are formulated aimed at optimizing and increasing the efficiency of the entire system of measures to support individual sectors of the economy. These theoretical proposals are based on a single conceptual model of legal regulation of preferential regimes for doing business. The basis of the new conceptual model should be a separate Law on preferential regimes for doing business. Within the framework of this normative act, the preferential legal regimes that are currently quite fragmented in relation to each other will unite into a coherent and orderly system of tools to support certain areas of entrepreneurial activity.