Legal Point Of View Research Articles

Legal Issues About NFTs

This paper investigates some of the legal issues related to non-fungible tokens, i.e. NFTs. The main feature of non-fungible tokens is their uniqueness together with the possibility of representing any digital resource on a blockchain, thus making it demonstrable and economically evaluable. From a legal point of view, this kind of instrument is alluring even though many look at it with uncertainty. As with any emerging technology, NFTs also present legal issues which need to be addressed as the market continues to grow. These problems deal with the legal nature of NFTs arising the doubt if they are securities or not. One more issue is the potential applicability to non-fungible tokens of the first sale rule. Furthermore, the problems involved also extend to other areas of law. In fact, both issuers and buyers need to be protected. Regarding issuers, the issue of an NFT may require the drafting of an additional contract with a specialised entity. On the other hand, buyers must be adequately informed of the purchase transaction. It follows that all the parties must be aware of the legal challenges involved and work towards establishing best practices and industry standards to address them. Additionally, it is necessary to issue specific legislation that regulates every aspect of the purchase.   Received: 10 February 2024 / Accepted: 29 March 2024 / Published: 5 May 2024

Aiding Automated Shuttles with Their Driving Tasks as an On-Board Operator: A Case Study on Different Automated Driving Systems in Three Living Labs

Highly automated shuttle vehicles (SAE Level 4) have the potential to enhance public transport services by decreasing the demand for drivers, enabling more frequent and flexible ride options. However, at least in a transitionary phase, safety operators that supervise and support the shuttles with their driving tasks may be required on board the vehicle from a technical or legal point of view. A crucial component for executing supervisory and intervening tasks is the human–machine interface between an automated vehicle and its on-board operator. This research presents in-depth case studies from three heterogenous living laboratories in Germany that deployed highly automated shuttle vehicles with on-board operators on public roads. The living labs differed significantly regarding the on-board operators’ tasks and the design of the human–machine interfaces. Originally considered a provisional solution until the vehicle automation is fully capable of running without human support, these interfaces were, in general, not designed in a user-centered way. However, since technological progress has been slower than expected, on-board operator interfaces are likely to persist in the mid-term at least. Hence, this research aims to assess the aptitude of interfaces that are in practical use for the on-board operators’ tasks, in order to determine the user-centered design of future interfaces. Completing questionnaires and undergoing comprehensive, semi-structured interviews, nine on-board operators evaluated their human–machine interfaces in light of the respective tasks they complete regarding user variables such as work context, acceptance, system transparency, and trust. The results were highly diverse across laboratories and underlined that the concrete system setup, encompassing task and interface design, has a considerable impact on these variables. Ergonomics, physical demand, and system transparency were identified as the most significant deficits. These findings and derived recommendations may inform the design of on-board operator workspaces, and bear implications for remote operation workstations as well.

Brain Health and Well-Being in Older Adults: Innovations in Lifestyle Interventions

The first goal of this session is to provide clinicians with current evidence-based guidance on helping older adult patients to make lifestyle changes that promote brain health and well-being from the perspectives of healthy (1) physical and cognitive exercise, (2) nutrition, (3) sleep and (4) mindfulness. The strengths and limitations of current data regarding these four topics will be discussed, so that clinicians can offer their older adult patients relevant, informed guidance on lifestyle changes that can credibly enhance brain health and well-being.The second goal is to discuss the gaps in knowledge in these four areas, including ethical and legal viewpoints and ramifications, to support the development of innovative clinical, research and administrative/systemic strategies and guidelines for the benefit of older adults.

ECONOMIC CONCEPTS OF PUBLIC DEBT MANAGEMENT

In the conditions of a full-scale war between Russia and Ukraine, our state faces the question of attracting funds from both residents and non-residents to solve military and social problems, as a result of which the national debt is formed and its constant growth occurs. The receipt of macro-financial assistance (soft loans) from the EU had the greatest impact on the growth of public debt. The growth of Ukraine’s public debt was influenced by the receipt of loans under the programs of the IMF, the World Bank, the EBRD, and the government of Canada. The growth of the national debt determines the need to choose an effective method of managing the national debt, because the country’s debt security depends on the management of the national debt. The article analyzes the management of public debt from a theoretical and scientific point of view. The purpose of the work is to conduct an analysis of the economic category of «public debt management», its principles and stages. The main areas of activity of the concept of «public debt» are determined both from a regulatory and legal point of view, and from a scientific point of view; its classification by criteria is given. Public debt is an important economic category that reflects a set of economic relations in the field of attracting positional financial resources with the involvement of the financial deficit of the national sector of the economy on the basis of repayment, payment and maturity.

Этико-философские аспекты цифровой танатологии

Modern man’s digital being has changed his attitude towards the most important cultural existentials, including the problem of death, which was sacred in previous eras. The article analyzes the characteristics of digital thanatology and raises the philosophical questions about the modes of digital afterlife. From an ethical and legal point of view, the article draws attention to the need to legally restrict the circulation on the Internet of the content depicting the bodies or parts of the bodies of military personnel killed in combat zones. The article analyzes moral and ethical nuances of new socio-cultural practices: selfies with the dead; streaming from funerals, creation of digital cemeteries and sharing of medical autopsy videos on Internet platforms. The author proposes the inclusuion of “Digital Ethics” course in the university curriculum on Ethics in order to prevent the devaluation of the problem of death under the influence of digitalization.

Some Aspects of Understanding the Contract

The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts. However, even within the framework of one branch of law (for example, civil law), the mention of a contract may be disclosed in various senses. Doctrinal points of view also reveal a wide range of multiple approaches to understanding the treaty. This circumstance indicates the absence of a single clear understanding of the contract neither in the law nor in the doctrine, which causes some problems in the framework of law enforcement activities. The goals and objectives of the study are to identify legislatively defined and doctrinal positions regarding the concept of a contract (legal and individual). The study was conducted using a comparative legal method, which made it possible to study the position of the legislator regarding the concept of contract in such branches of law as civil, labor, family, etc. In addition, formal logical and systematic methods were used in the work. The result of the study is a brief comparative legal analysis of the provisions of legislation containing norms on the regulation of legal relations between the parties through a contract. The legislator has not clearly expressed his position on the legal nature of individual contracts (in particular, employment and marriage contracts), which gives rise to their ambiguous interpretation, causing difficulties in law enforcement.

Regarding the criminological study of suicidal behavior determinants among law enforcement bodies employees

The article carries out a criminological study of the determinants of suicidal behavior among police officers. The authors note that in recent years there has been a rapid increase in the number of suicides and suicide attempts, including ones among law enforcement officers. It was determined that criminology as a complex science allows to study suicide not only from a legal point of view, but also from the point of view of other sciences, such as sociology and psychology. There is still a debate among legal scholars whether to refer the problem of suicide to the problems of criminological research. According to scientists, the main reason for insufficient attention of criminologists is that suicide is not a criminal offense in most countries of the world.
 It is determined that suicide has become common among employees of internal affairs bodies aged 25 to 40. Given that law enforcement is a critical and extreme type of activity, suicides among law enforcement officers have specific determinants. Law enforcement officers are a category of persons who need special attention in view of the possibility of developing suicidal behavior, since the availability of weapons provides an opportunity to choose the most lethal methods of suicide. The authors agree with the opinion of the researchers that the greatest impact on a law enforcement officer is not so much household and family problems as the psychological burden associated with the service activity. In other words, socio-psychological maladjustment is the main determinant of suicidal behavior among law enforcement officers. Suicidal behavior is often associated with a psychological crisis that can occur under the influence of threats of various kinds. A person in such a crisis state decides that suicide is the only way to solve problems.
 It has been proven that suicidal behavior among law enforcement officers is caused by a number of determinants that individually and collectively have a negative impact on the policeman's personality, as a result of which his social and psychological well­being is destroyed, the protective functions of body and psyche are depleted, and mental disorders and mental illnesses may occur.

Prescription of the Decedent’s Debts, Dating From the Time of Old Austrian Civil Code From 1811 (ABGB) in Slovenia and Croatia

The establishment of the first Yugoslav state in 1918 was, from a legal point of view, the merger of six quite different legal traditions into one common state formation, and did not bring with it immediate legal unification, which was most evident in the field of civil law. Austrian Civil Code (ABGB) of 1811, as an interesting and endurable sub-type of transnational law, governed almost exclusively, with minimal differences, civil law in most of the territory of the present-day Slovenia and Croatia. Its legal rules survived the Second World War and were applied well into the late 1970s, in part even until the enactment of the new Slovene Code of Obligations in 2002 and the Croatian Obligations Act in 2005. However, since ABGB as a source of law has never been definitively abrogated, its legal rules are still applicable for deciding disputes in both countries, even in the case of the liability of heirs for the deceased’s debts, if the related contract of delivery was concluded as far back as 1960.

On DeFi and On-Chain CeFi: How (Not) to Regulate Decentralized Finance

ABSTRACT This article proposes a framework to assess the factual decentralization of blockchain-based financial infrastructure, commonly referred to as ‘decentralized finance’ (DeFi). It discusses various centralization vectors along the DeFi architecture layers from a technological and legal point of view. Distinguishing between endogenous and inherited centralization, the importance of decentralization assessments for regulators is demonstrated. First, centralization vectors are a strong indication that a DeFi project may have (some) custodial properties warranting regulation. Second, centralization vectors reveal the avenues of control in projects, pointing out appropriate regulatory hooks. The article serves as an interdisciplinary introduction that analyses blockchain-based financial infrastructure and provides policymakers and regulators with a tool to identify the differences between truly independent, neutral infrastructure and fake decentralization. It concludes that the former may have very beneficial properties and can contribute towards a more open and transparent financial system, while the latter is a blockchain-based form of financial intermediation and should be regulated as such.

Fiqh Muamalah Review of The Kali Lubang Tutuik Lubang System in Farm Labor Wages

This paper examines the practice of remuneration of farm laborers with the kali lubang tutuik lubang system in the perspective of fiqh muamalah. This research uses qualitative method with descriptive research type. This research was conducted in Nagari Lawang Mandahiling, Tanah Datar Regency, West Sumatra. The data in this study consisted of primary data and secondary data. Data were analyzed using interactive model of analysis, starting from data collection, data reduction, data presentation, and drawing conclusions. This research shows that the wage contract with the kali lubang tutuik lubang system is in the form of a speech containing an agreement about the type of work, place, and time of work. Wages are not paid directly by the land owner on the first day, but on the second day or when the worker gets a second job from the same person. If there is no work on the second day or other work, wages will be deferred one week from the last day of work. According to the fiqh muamalah review, wages with this system are legal, because from a legal point of view, the contract has met the terms and conditions. Both parties also understand that the system has been going on for a long time. However, from an ethical aspect, such a wage system contains demages, because it contains elements of neglecting the payment of wages.

The Energy Poverty in Poland and Polish Communes

Abstract This study attempts to analyse and provide details about the phenomenon of energy poverty in Poland and Polish, especially by characterizing the issue from a factual and legal point of view. Therefore, it focuses both on the meaning of energy poverty existing in research and its reflection in the legal system by linking it with the concepts of energy safety and the right to energy and power resources. The suitability of the normative separation of the phenomenon of energy poverty shows its interrelation with the public interest, which makes it the responsibility of administrative authorities, especially the self-government in communes, to counteract the issue. It also determines a new role of communes and extends the scope of tools introduced to rectify the situation of residents suffering from energy poverty. At the same time, it also burdens communes with new responsibilities (i.e., providing financial support to residents and balancing the need to combat energy poverty with other values and obligations, such as environmental protection). It also aggravates the existing multi-faceted nature of energy poverty and its effects.

Protecting the Well-being of the People with Disabilities in Achieving the Nation’s Sustainable Development Goals

As the nation is leaning towards achieving the Sustainable Development Goals (SDG), it is pertinent and crucial to look into the plights faced by people with disabilities in this country. This study delves straight into the current socio-legal climate surrounding them. It adopts methods of content and critical analysis when analysing the data qualitatively. The findings show that even though the overall social acceptance and reception have improved over the years, some members of the people with disabilities community have faced unfair treatment during job scouting, job interviews or while at work. From a legal point of view, an ambiguity in a provision under the Persons with Disabilities Act 2008 has resulted in inaccuracy and false interpretation by the local authorities, leading to poor and shoddy construction of public amenities for people with disabilities. Furthermore, the effectiveness of the Street, Drainage and Building Act 1974 in ensuring accessibility of public facilities for the people with disabilities remains questionable. In the concerted effort to achieve Goal No. 9 of developing quality, reliable, sustainable and resilient infrastructure supporting economic development and human well-being and Goal No. 10 of reducing income inequality under the nation’s SDG, the above-mentioned socio-legal problems must be urgently addressed.

Dimensions of the constitution

The article is devoted to the conceptualization of the dimensions of the constitution as an important direction of modern political and legal research. It was noted that the category “dimension” combines the objective determination of the influence of the constitution on the course of social relations with its utilitarian value.
 Given the complexity and multidimensionality of society, it can be argued that there can be many dimensions of the constitution. However, it is known that the constitution to one degree or another regulates (consolidates) all four subsystems of the social system: political, economic, social, and spiritual and cultural. Therefore, the most general, system-creating dimensions of the constitution can be only four - according to the number of subsystems of the social system. All of them can be covered by the term “general or general social dimensions”.
 The author claims that from a legal point of view, we should be primarily interested in those “internal” dimensions of the constitution that characterize the significance of the constitution for the state mechanism and the national legal system. They, again conditionally, can be called “special” or “legal”. The relevant criteria should be sufficiently universal and significant, capable of being applied to states of different levels of development and different historical eras. At the same time, it should be understood that the constitution is only a legal instrument, so it can neither be blamed for a bad political choice nor praised for a good one.
 In the broadest plan, five main legal criteria for the success of the constitution are proposed – these are its endurance (permanence), legitimacy, the ability to resolve political conflicts in a legal way, the ability to limit agency costs, as well as to promote the production of public goods.
 The opinion that according to the vast majority of the dimensions listed above, the current Constitution of Ukraine of 1996 demonstrates quite high results, being an example of a modern and effective Basic Law, is justified. The main problem facing the national Constitution in this regard is the problem of limiting the so-called “agency costs”, especially in the area of corruption prevention.

The Land for Peace Message Between Israel and Jordan: The Case of Baqura and Ghamr

Israel has reached historic agreements in its sought-after objective of recognition—each unique. There is a similarity between agreements between Israel and neighboring states. These agreements were with Egypt (1979) and Jordan (1994) . In both these, land for peace was an element. That is a legalistic interpretation of United Nations Security Council Resolution 242 adopted on November 22, 1967, in the aftermath of the Arab–Israeli War of 1967. There are two arguments on the land for peace concept. One is that there were more historical and significant reasons for peace than land. The other is that every millimeter of land is significant and not overlooked. Looking at both, this article examines the agreement with Jordan, focusing on two small farmland areas in the border areas referred to as Baqura and Ghamr in Arabic and Naharayim and Tzofar in Hebrew. The agreement was a land lease for 25 years (1994–2019). It could have been extended after that, yet Jordan called for its return, which Israel accepted. This is examined under four headings: Where did the land come from? The Israel–Jordan peace treaty; legal viewpoint; and private ownership versus state sovereignty. The take-out from such a message of land for peace examination is to bear the findings in mind for future agreements with Israel on how much land for peace, where, how, and why. The bottom line is that strong leadership and issues other than land may be more important in achieving a peace treaty, yet land for peace is a strong message.

What is Spanish regulation on the application of artificial intelligence to medicine like?

This article will attempt to analyze the current impact of Artificial Intelligence in Spanish healthcare, as well as the challenges that its application poses both from an ethical and legal point of view. Technological advances, which are already being applied in healthcare, make it necessary to adapt the legal system to the new trends that are emerging in society and force healthcare professionals to review their codes of ethics in the face of new ethical dilemmas, since these codes of ethics do not have clear guidelines for action on AI that raise relevant ethical problems to which no response is being given, except for the code of ethics for medicine, which has recently been included. After a review of the last 5 years of Spanish and European regulations in medicine, it can be concluded that the regulation and legislation of the application of AI is very deficient, both in the EU and in Spain. In order to try to identify different ways of resolving conflicts related to AI in medicine, jurisprudential sentences related to the rights and obligations of health professionals, patients and users have been analyzed and reviewed. Therefore, the paper concludes with the proposal of a series of aspects to be taken into account for the future regulation of the application of AI in medicine.

Financial Technology: An Overview on Shariah and Legal Implication

Technological progress affects many things and practices in today’s life. In addition to the occurrence of the COVID-19 pandemic, it leads to a more open and almost comprehensive use of technology. This effect also occurs in the financial aspect. The emergence of various forms of technology-based transactions also has implications for legislation and sharia. This study was conducted qualitatively through the analysis of literature and legal sources from selected countries such as Malaysia and Indonesia. The study found that there is a law that has been drafted to regulate this aspect as well as a fatwa issued to lay the foundation for this transaction from a contractual point of view according to the Syariah perspective. However, further research still needs to be done considering that various forms of innovation involve transactions that have taken place and each of them requires clarification from a legal point of view as well as jurisprudence adaptation.
 Keywords: financial technology, Shariah, legal, implication

Brain organoids and organoid intelligence from ethical, legal, and social points of view.

Human brain organoids, aka cerebral organoids or earlier "mini-brains", are 3D cellular models that recapitulate aspects of the developing human brain. They show tremendous promise for advancing our understanding of neurodevelopment and neurological disorders. However, the unprecedented ability to model human brain development and function in vitro also raises complex ethical, legal, and social challenges. Organoid Intelligence (OI) describes the ongoing movement to combine such organoids with Artificial Intelligence to establish basic forms of memory and learning. This article discusses key issues regarding the scientific status and prospects of brain organoids and OI, conceptualizations of consciousness and the mind-brain relationship, ethical and legal dimensions, including moral status, human-animal chimeras, informed consent, and governance matters, such as oversight and regulation. A balanced framework is needed to allow vital research while addressing public perceptions and ethical concerns. Interdisciplinary perspectives and proactive engagement among scientists, ethicists, policymakers, and the public can enable responsible translational pathways for organoid technology. A thoughtful, proactive governance framework might be needed to ensure ethically responsible progress in this promising field.

Foreign experience in defining the legal framework, implementation and research of digital currencies

Digital currencies of national banks are becoming more and more tightly integrated into the modern reality. Many countries around the world are at different stages of creating, piloting and implementing digital currencies. Undoubtedly, digital currencies as a third form of money will become our reality very soon. However, each country chooses its own model of creating, piloting and implementing digital currency based on its own preferences, the preferences of the population and the objectives of the digital currency. In this article, we will try to explore the concept of CBDC. Understand what CBDC or digital currency is. We will consider the experience of piloting and implementation of digital currency on the example of China, as well as consider the experience of legal regulation of digital currencies. Thanks to this analysis, we will try to give an unambiguous answer to what CBDC is, which of the existing methods is the most interesting and promising from our point of view, as well as what difficulties arise from the legal point of view with the emergence of digital currency.

Социальное государство как универсальное средство обеспечения модернизации российской экономики

The subject of the study is public relations related to ensuring state policy in the social sphere and strengthening the foundations of the welfare state in Russia. The purpose of the work is to develop theoretical ideas about the doctrine of the welfare state and its practical implementation in the legislation of the Russian Federation. Due to the analysis of theoretical approaches to the definition of the concept of "social state" from a legal point of view, it has been established that at present there is an urgent need to clarify the substantive content of the concept of a social state. Through a comparative legal analysis of federal and regional legislation in the social sphere, the need for the adoption of a social code has been identified, which should be valid throughout the state due to the fact that a huge array of normative legal acts, legal documents related to the socio-economic sphere of life of Russian society, not only complicates the work of state bodies designed to ensure the implementation of the doctrine of social the state, but also the realization of human and civil rights and freedoms on the territory of Russia. It is concluded that the social doctrine of the Russian Federation should proceed from the spirit and letter of the Constitution of the Russian Federation, the principles of social justice and social equality based on the understanding of the welfare state, assuming mutual responsibility of citizens, society and the state.

ENHANCING EU'S RESILIENCE AGAINST TERRORISM: A LEGAL APPROACH

The growth in amplitude and frequency of the terrorist phenomenon at both the European and international levels, in the past years, makes terrorism one of the most significant challenges for European Union's security. Given EU's international ambitions of a significant actor in the field of security (European External Action Service, 2016), this paper approaches EU's responses to terrorism, from a legal point of view. Arguing in favour of the legal instruments as the most appropriate tools to counter the terrorist phenomenon, the aim of this research is to analyse if and how Europe can become more resilient against the terrorist threat, by resorting to legal means. Specifically, the paper seeks to explore how the regulation of the crime of terrorism in international law might foster the resilience of the EU in an increasingly challenging international context. Addressing the issue of terrorism is of high importance taking into consideration the current international context, when Europe is facing again a war and the terrorist offences have significantly increased along with the conflict in Ukraine that started in February 2022 (Institute for Economics & Peace, 2022).