Legislation Of Other Countries Research Articles

The relationship of legal science, education, and practice: finding a balance between fundamental legal education and practical skills

The article examines the concept of legal science, education and practice in the context of their interaction. It is noted that the main task of the domestic system of higher legal education is to find a balance between fundamental theoretical training and practical skills. Some types of legal practice require thorough knowledge in the field of both national and international law. Many universities focus on studying the legislation of other countries and foreign languages. In addition, modern political processes require revision of work programs of disciplines, for example, related to the activities of international organizations. For the future professional, we consider it important not only to consolidate theoretical knowledge and mechanical skills, but also to form legal thinking (develop analysis, argumentation, decision-making, responsibility). It is emphasized that the changes in the field of legal education are enshrined in the Report of the European Commission on Ukraine’s progress towards joining the EU, which was published in November 2023. Among other things, there are requirements: to clearly distinguish between legal education and personnel training for law enforcement agencies; strengthen law school admission requirements and law school licensing requirements; introduce a transparent distribution of state orders; review educational programs with an emphasis on ethics, practical training, EU law and international exchanges; implement EDKI. When modernizing legal education, it is also important to pay attention to the learning process, in particular, it is necessary to diversify the activities of students. In addition to traditional lectures, seminars and the previously mentioned practices, the experience of writing coursework and final qualification papers, participation in model processes is important for future lawyers, as this allows for the formation of a general and legal culture of writing and speech, a legal position in a case and the skills of conducting a discussion. It is concluded that new legal mechanisms are being formed in modern Ukraine, which is manifested, in particular, in active law-making, qualitative changes are taking place in legal awareness, including professional awareness. Under such conditions, professional legal education, which involves the formation of students’ practical skills, becomes invaluable. While preserving the training of professionals for a narrow field of legal activity, university education on the basis of domestic and European legal science should be developed at the same time. A university student will be able to become a good specialist only if he studies legal concepts, categories, constructions and ways of their expression in various legal realities. Such knowledge will not become obsolete in a few years, even if the current legislation changes.

LEGAL MEANS TO PROTECT PUBLIC FUNDS IN IRAQ (COMPARATIVE STUDY)

Public funds in any country are considered sacred funds that are surrounded with care and legal protection that is consistent with the desired goal of the service that these funds provide to segments of society in general, without exception, through the freedom to enjoy this service, its freeness, and the general use of it, as they are public facilities that are distinguished from private facilities owned by people, which If its services are provided to a specific segment of society, the service will be for a price with certain restrictions imposed on its enjoyment, in addition to specifying the segments that can benefit from it, contrary to what we have indicated regarding the enjoyment of public utility services. Therefore, we note that most countries, are seeking to establish special legislation for the operation of these facilities, so as to provide the necessary protection for them since the services they provide are related to the general public without exception. 1- Research objectives-: The research aims to identify the legislative shortcomings in Iraqi legislation regulating the protection of public funds and finding effective legal means to protect these funds. 2- Research methodology-: The descriptive and analytical approach was relied upon, as well as the comparative approach to the legislative texts related to the protection of public funds in Iraq, comparing them to the legislation of other countries.

Analysis of prospective legislation in the field of organization of service training of employees of the security sector to ensure tactical literacy

The scientific article is devoted to a comprehensive analysis of prospective legislation in the field of organization of service training of employees of the security sector in order to ensure their tactical literacy. The growing threat of internal and external security challenges calls into question the effectiveness and relevance of existing legislation in this area. The author analyzes the existing legal norms and provisions that regulate the training of security sector forces in the context of tactical literacy, in particular, the structure of training, requirements for instructors and training programs.
 The article also examines the challenges facing current legislation, such as changes in the technological environment, global terrorist threats and the complexity of the tasks facing security sector forces. The authors try to identify shortcomings and gaps in the legislative framework, which can become an obstacle to achieving a high level of tactical literacy of employees.
 In this context, the author emphasizes the need to review and modernize the legislative acts that regulate the activities of the security forces. They emphasize the importance of adapting legal norms to the rapidly changing technological environment, which creates new opportunities and threats. In addition, the article discusses the need to improve the mechanisms of cooperation and exchange of information between various bodies and countries to combat global terrorist threats.
 The author also analyzes the complex tasks facing the forces of the security sector and which can be solved by implementing modern training methods and improving the professional training of employees. They put forward proposals for the development of educational programs that would include relevant knowledge and skills necessary for successfully solving tasks in the field of security.
 A comparative analysis with the legislation of other countries is carried out and best practices are studied regarding the organization of official training of security sector forces. The author considers possible ways to improve the legislation in this area in order to increase the efficiency and effectiveness of the tactical literacy of employees.

Comparative criminal law elements regarding the offense provided for in article 208 Criminal Code of the Republic of Moldova

In order to carry out a complex study of the “Attraction of minors to criminal activity or their determination to commit immoral acts” offence, in various aspects and regulations constitutes the examination of the criminal legislation of other countries, which allows us to carry out a comparative analysis between domestic and foreign criminal legal norms. The performance of the comparative criminal law study allows the taking over of good practices from the foreign legislation as well as the modification of the national legislation for the liquidation of the existing loophole in the domestic criminal legislation. The study of the elements of comparative criminal law regarding the offense provided for in art. 208 of the Criminal Code of the Republic of Moldova are based on the criminal legislation of the following countries: the United States of America, Germany, Holland, Spain, Switzerland, France, Ukraine, Russia, etc.

Composition of authors of advertising as an audiovisual work

The article examines the composition of the authors of an advertising as an audiovisual work. Particular, theconcept of advertising is analyzed, it can be embodied in different forms — visual, sound, audiovisual. The main attention is to the analysis of audiovisual advertising. The legislation of other countries (USA, France, Germany) was analyzed, and it was concluded that the list of authors of audiovisual advertising in different countries is determined differently.It was noted that a distinctive feature of audiovisual works compared to other objects of copyright are created, mainly, by a large number of persons, among whom the authors of the work occupy a prominent place.The list of authors of the audiovisual work is given in accordance with the legislation of Ukraine. It is noted that the current Law of Ukraine «On Advertising» does not specify who is the author of the advertisement, but defines the concept of the producer of the advertisement.Attention is focused on the legal nature of an audiovisual work, as a form of advertising expression and an object that includes other objects-elements. Since this work is a complex object, the creation of an audiovisual work takes place in the mode of co-authorship. However, it is stated that the authors of the pre-xisting works included in the advertisement do not become co-authors of the audiovisual work, what included these preexisting works. Therefore, it is important to separate the legal regime of co-authorship and inclusion of a work in the composition of another work.The concept of «collective work» in the USA and France is considered. The term «collective work» does not exist in the legislation of Ukraine. Therefore, the following definition of a collective work is proposed: created as a result of the creative activity of two or more co-authors, which can structurally include a work or works of other persons who are not part of the collective of co-authors but united into a single whole.Taking into account the proposed definition of a collective work, the definition of advertising as a collective audiovisual work is formulated: it is the result of the creative activity of two or more co-authors, which structurally may include a work or works of other persons who are not part of the collective of co-authors but are united into a single whole by synchronization.

7.Q. Round table: Is public health possible when LGBTQI+ individuals are criminalised? A roundtable and call to action

Abstract LGBTQI+ individuals have existed throughout human history and across cultures. Natural variations of sexual orientation and gender identity exist regardless of enacted laws and policies. So-called sodomy laws have existed in many countries around the world at different moments in distant and recent history, focusing on criminalising consensual sexual acts between same-gender adults. Recently, several countries (e.g., Ghana, Uganda, Kyrgyzstan) have started to propose and introduce new laws that, beside sexual acts, criminalize the very existence of sexual minorities (e.g., [self-]identification as gay, lesbian, or bisexual). This roundtable discussion will explore the public health impact of the criminalisation of LGBTQI+ individuals and related discrimination in the European region, and will discuss the public health, ethical and legal arguments and obligations for the entire public health community to act both inside and outside Europe. Beyond the direct and obvious consequences that criminalisation of sexual minorities has on the health and human rights of those prosecuted, it also has broader detrimental public health impacts. Research has shown that structural anti-LGBTQI+ legal climates further promote hostility, violence, and harassment against LGBTQI+ persons (Hatzenbuehler et al. 2019; Van der Star et al. 2020) as well as directly jeopardise a plethora of health outcomes across the entire community, including psychological distress (Van der Star et al. 2021), life satisfaction and wellbeing (Van der Star & Bränström, 2015; Pachankis & Bränström, 2018), risk for psychiatric disorders (Hatzenbuehler et al. 2010), and suicidal ideation (Pachankis et al. 2021). In addition to these direct ramifications for LGBT health, negative public anti-LGBTQI+ discourse surrounding the introduction of such legislation may also instigate harassment and discrimination (Hatzenbuehler et al. 2019) as well as reduce psychological wellbeing (Frost & Fingerhut, 2016) among LGBT persons and their families, friends and close communities. Most recently (at the time of submission), the Parliament of Uganda passed the Anti-Homosexuality Act in March 2023, which includes the death penalty for ‘serial offenders.’ The Act and related legislation in other countries was condemned by the European Parliament in April 2023. The public health community has an obligation to speak out strongly against the introduction of laws criminalising LGBTQI+ individuals. Our aim for this roundtable is to bring together several public health disciplines to discuss the ethical and public health obligations the public health community has to act and speak out. We will discuss cases from several countries from across the globe, the evidence around the public health impact of anti-LGBTQI+ legislation, and ethical, legal, and human rights argumentation. We will also dedicate time for questions from the audience to enable sharing of concerns and diverse personal and regional experiences. Key messages • After decades of net human rights progress for LGBTQI+ individuals, new laws criminalising this community are being introduced across the globe with detrimental public health consequences. • The entire public health community has the obligation to actively speak out against the criminalisation of the LGBTQI+ community. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Arjan van der Star EUPHA-SGMH Els Maeckelberghe University Medical Center Groningen, Groningen, Netherlands Elena Petelos EUPHA-HTA, EUPHA-GH

CONSUMER PROTECTION FROM UNWANTED ELECTRONIC COMMERCIAL ADVERTISING UNDER LAW NO. 18-05

The technological development of the current era in various fields has led to the emergence of electronic commerce, which has become carried out through the Internet, which does not recognize geographical borders or the principles known by traditional trade, and this has increased its importance and danger at the same time. Electronic commercial advertising is considered one of the most important aspects of electronic commerce through which electronic promotion of products and services takes place, as it plays an important role in directing the will of the public and influencing the psyche of consumers, inviting them and urging them to contract with them to acquire certain products and services at the expense of others, and given the low cost of these electronic advertisements and the possibility of sending it via e -mail messages, electronic suppliers take advantage of this feature, and send it to the largest possible number of consumers, in an intensive manner, whether they have previously been dealt with or not, and whether they wish to do so or not, which increases the pressure on the consumer. These advertisements are often not accepted and welcomed by the consumer public, and therefore they are called “Spam " or " Spamming ", because they restrict the freedoms of individuals, interfere with their privacy and invade the consumer's private life, as soon as he opens his e-mail he gets surprised by it without any consent from him, and it is difficult for him to remove it from his e-mail, in addition to the damage it causes to consumers. Thus, consumer protection has become an important priority in all electronic transactions, especially protecting it from unwelcome commercial advertisements that the consumer receives via the Internet in order to avoid messages sent to him without his desire. Therefore, national and international legislation has resorted to limiting this phenomenon and combating unwanted advertisements, enacting legal texts regulating electronic commercial advertisements, and approving penal liability when violating them. Similar to the legislation of other countries, the Algerian le gislator issued Electronic Commerce Law No. 18-05 to regulate electronic commercial transactions in this new type of trade, which depends on electronic communication technology, as it stipulated through it the regulation of electronic commercial advertising

스토킹처벌법상 피해자보호명령 도입에 관한 비교법적 연구

Despite the introduction of the Stalking Punishment Act, it has been pointed out that it is insufficient for the actual protection of victims. Accordingly, the National Assembly is making quick moves to protect victims. One of the most important legislative activities is the introduction of a stalking protection order. Currently, nearly 10 amendments contain the introduction of stalking protection orders. This legislative movement itself can be said to be positive. This is because, due to the nature of stalking that shows continuity and repetitiveness, the current law alone is not suitable for victim protection, and there are many examples of legislation of other countries that have stalking protection orders. Furthermore, the Act On Special Cases Concerning The Punishment Of Crimes Of Domestic Violence has already introduced a protection order against domestic violence, so introducing a stalking protection order under the Stalking Punishment Act can't be said to be unreasonable legislation that does not suit our law system. However, the above amendments have several problems. As a result, this article draws implications by examining Stalking-related protection orders in the US, UK, and Taiwan, and then proposes specific legislative plans as follows. First, the revision of applicant regulations, second, the stipulation of matters necessary for filing a stalking protection order in Stalking Punishment Act, and the exemption of trial costs when applying for a stalking protection order, third, protection of victim privacy in the hearing process, fourth, the validity period of the stalking protection order should be up to three years, and fifth, the individual measures that can be taken in the stalking protection order should be more diversified, and it should be possible to set different validity periods for each individual measure.

LEGAL REGULATION OF THE USE OF DRONES: HUMAN RIGHTS AND PRIVACY CHALLENGES

This research paper examines the impact of unmanned aerial vehicles (UAVs), notably drones, on contemporary society and analyses the legal challenges and potential human rights and privacy violations associated with their widespread use. Specifically, the article focuses on the issues of invasion of privacy, illegal collection and use of personal data, and illegal display and distribution of information. The main goal of this work is to emphasise the need for legal regulation of the use of drones, which balances human rights and freedoms, addresses security and privacy, and also promotes the development of technologies in this area. It should be noted that drones have opened up new opportunities in various fields of industry such as environmental monitoring, agriculture, medical care and intelligence service. However, along with these advantages, there are serious legal problems that require special attention of the legislation. The article provides examples of legal regulation, analyses the use of drones in the USA, EU, Japan and the Netherlands, which can be taken as a basis for the development and improvement of national legislation in other countries. The peculiarities of the legislative process in these countries are considered, as well as limitations in the existing legislation. The main areas of regulation include: • restriction of access to airspace, • setting the minimum distance from settlements and objects, • control over the use of cameras and other data collection devices, • application of sanctions for violation of established rules. An important aspect of regulation is establishing the liability of drone operators and their owners in case of violations of safety, privacy and human rights regulations. The authors emphasise the need to create mechanisms to control and monitor compliance with the rules for the use of drones and the protection of personal data. The article also describes proposals for improving drone legislation and policy, including the development of security and privacy standards, conducting educational programs for drone owners, and providing citizens with access to information on the rules of the use of drones. In conclusion, this scientific article emphasises the importance of legal regulation on the use of drones to ensure a balance between human rights and freedoms, data security and privacy, as well as the development of technologies in this area. Analysing the experience of the USA, the EU, Japan and the Netherlands, it is possible to highlight the development and improvement of national legislation in other countries that are facing similar legal challenges.

Marine environmental protection in mineral resource development in the arctic zone of Russia

International and environmental law in Russia does not provide a preventive and precautionary approach to forestall degradation of the marine environment and the "polluter pays" principle at the present stage. The author proposes supplementing international environmental law in the investigated area with an approach based on the principle that the polluter not only pays but also restores. Improvement of approaches and principles of international law will be the basis for changing Russian legislation and legislation of other countries in order to prevent degradation of the marine environment. After an oil spill, the coastal waters of the seas and their ecosystems are the most vulnerable; therefore, the national legislation of states is primarily interested in legal regulation of marine environmental protection in case of oil and petroleum product spills. The legal obligation on oil and gas producing companies to carry out measures to remediate the marine environment will require them to finance scientific research, search and develop new technologies for the safe development of subsoil resources and restoration of the marine environment. This study is a comprehensive analysis of the scientific research results in the field of biology, environmental protection, protection of water bodies, marine environment, as well as international and Russian environmental law governing relations in the field of marine environment protection during the development of mineral deposits on the continental shelf, internal sea waters, in the territorial sea and the adjacent zone of the Russian Federation.

The Comparative Analysis of Fair Use of Works in Machine Learning

Before generative AI outputs the content, it copies a large amount of text content. This process is machine learning. For the development of artificial intelligence technology and cultural prosperity, many countries have included machine learning within the scope of fair use. However, China’s copyright law currently does not legislate the fair use of machine learning works. This paper will construct a Chinese model of fair use of machine learning works through comparative analysis of the legislation of other countries. This is a fair use model that balances the flexibility of the United States with the rigor of the European Union.

Criminal Proceedings Against Certain Categories of Persons: Russian and International Aspects

The article examines the question of including criminal procedure guarantees for persons with a special status into Russian and international legislations. The author disagrees with the opinion of scholars that the very existence of Chapter 52 of the Criminal Procedure Code of the Russian Federation contradicts the constitutional principle of universal equality before the law and the courts. At the same time, a critical assessment is given to the absence of this principle in Russian criminal procedure legislation. The author compares the scope of people entitled to criminal procedure immunity with the legislation of other countries, primarily, the CIS countries, whose legal culture is most similar to that of Russia. It is noted that the legislators of foreign countries have a different approach to determining both the scope of such people and the limits of immunity established by law. Specifically, a positive assessment is given to the exception of guarantees against criminal prosecution to the judicial immunity in Kazakh and Polish legislations, and the limitation of functional immunity for the members of the US Congress to the period of Congressional sessions in the United States. It is concluded that different countries have different approaches to determining the scope of persons with a special procedural status: in some of them, functional immunity is seen as vital for special persons performing acts of state, while in others the institute of functional immunity is applied to a wide range of officials whose work is sometimes not connected with acts of state. Russian legislation is among the latter, as it contains an extensive list of persons immune from criminal prosecution. Nevertheless, according to the author, a special and more complex procedure for certain categories of persons enshrined in Russian criminal procedure legislation is objectively justified, and the legal basis for its validity is the priority of the principle of separation of powers and independence of the actions of persons representing them, over the principle of universal equality before the law.

The Legal Status of Jurors in the Administration of Justice in Criminal Cases

The article provides an overview of modern Russian legislation regulating the legal status of a juror. The comparative analysis of normative acts regulating the activities of judges and jurors allows us to conclude that there are inconsistent legal norms that significantly complicate modern law enforcement practice. A number of problems related to the procedural regulation of the procedure for the formation of a legal panel of jurors have been identified, namely: dual citizenship of a candidate for jurors; the procedure for identifying circumstances that prevent a citizen from participating in a criminal case; the age of a juror, etc. In addition, the article presents judicial practice in criminal cases considered in 2018–2020 by the Irkutsk Regional Court and district (city) courts of the Irkutsk region with the participation of jurors, confirming the need to edit and amend certain provisions of the federal law “On jurors of Federal courts of general jurisdiction in the Russian Federation”. New versions of these provisions of the law have been proposed. Examples of restrictions for candidates for jurors and people’s assessors (sheffen) in the legislation of other countries (the Kingdom of Spain, the Republic of Austria, Georgia), such as age, profession, official position, education, are given. At the same time, attention is drawn to the fact that for foreign practice, these circumstances are a direct ban on participation in the process, and not the basis for unconditional recusal. It is concluded that bringing the norms regulating the position of jurors to uniformity will eliminate the discrepancy between the law by law enforcers, facilitate the work of the courts on the formation of the collegium and, in general, will contribute to increasing the authority of jurors and the judiciary.

INTELLECTUAL PROPERTY AS AN OBJECT OF MANAGEMENT

The article proves that the most important component of the intellectual capital of an industrial enterprise is intellectual property. An essential condition for increasing the competitiveness of intellectual capital is the commercialization and effective management of intellectual property objects. Under the concept of intellectual property management, it is proposed to understand an integrated system of preparation and provision of different levels of management for effective planning, control and management decision-making regarding intellectual property objects. It is designed to ensure coordination, interaction and consistency of individual management elements to achieve the strategic goals of the enterprise and its effective operation. The author recommends considering the intellectual property management process as a set of a number of stages. The first stage is the process of creating an object of intellectual property, the effective implementation of which allows the enterprise to become their right holder. At the second stage, a number of actions should be taken, thanks to which the right holder will be able to protect the intangible asset from illegal encroachments. It is proposed to consider the turnover of intellectual property objects as the third stage of management. It provides for the actual monetization of intellectual property, in particular, its use in the activities of the enterprise itself. The fourth stage involves ensuring the relevance of law enforcement documents on the results of intellectual activity. The main task of management at this stage is to maintain security documents in force. The fifth stage is one of the most important stages of the management of intellectual property rights - it is the prevention and termination of violations of the company's exclusive rights and the collection of compensations and fines from violators, that is, the protection of one's intellectual property. Actions within the framework of this stage are carried out in two main directions: monitoring the use of the appropriate company's intellectual property and claim work with violators of its rights; protection of intellectual property rights in court, if such a need becomes urgent. An important stage of management is the registration of an object of intellectual property in other countries. It is important to note that during the development of the enterprise and the introduction of products to the international market, it may be necessary to obtain legal protection in accordance with the legislation of other countries. The process of alienation of the object of intellectual property can also be called a separate stage of management. These stages should not be carried out in this order at all. As a rule, this is a complex process in which the creation, registration, monetization, control and protection of rights are carried out in parallel and regularly

Positive experience of Germany regarding legal regulation of social protection of civil servants in modern conditions of information communications

The article analyzes the specifics of the legal regulation of social protection of civil servants in Germany. The main laws of Germany in this area are given. The content and significance of the legislative provisions on the social protection of civil servants in the modern conditions of information communications are detailed. The positive aspects of the legal regulation of this area in comparison with the domestic experience are indicated. A list of proposals for borrowing such points from national social legislation has been formulated. This is, first of all, provision of their material and social needs, which arise in connection with the restrictions they experience in connection with the performance of tasks and functions of the state. In connection with the fact that a civil servant performs tasks and functions of the state in his official activities, the state must take responsibility for providing him with everything necessary. That is why the principle of retention, according to the German model, should become one of the key principles of public service. Remuneration of civil servants should become more progressive and take into account a wider range of aspects that affect the amount of wages. The importance of each of them for improving the legal regulation of social protection of civil servants in Ukraine is argued. Social protection of civil servants in Ukraine is only partially related to various social risks. The legislation of European states provides for a slightly narrower range of restrictions that civil servants are subject to, defines a slightly wider range of social guarantees, the issues of restrictions and social guarantees are better balanced, and most importantly - the legislation of other countries allows forming a correct understanding of the essence of social protection of civil servants, as a guarantee of their maintenance and maintenance of their families at an adequate level for civil servants to perform their duties professionally. This is the key difference in the legal regulation of social protection of civil servants in Ukraine and European countries, and it is this that must be changed first of all in the modern conditions of information communications and European integration of Ukraine for the further development of this institutionin our country.

PROPOSAL FOR REVISING THE CROATIAN REGULATIONS ON PROTECTION FROM ELECTROMAGNETIC FIELDS

Some parts of the Croatian Regulations on Protection from Electromagnetic Fields are considerably more restrictive than the Guidelines of the International Commission on Non-Ionizing Radiation Protection (ICNIRP), Recommendation 1999/519/EC of the Council of the European Union and Directive 2004/40/EC of the European Parliament and Council. A general critique of the Croatian Regulations on Protection from Electromagnetic Fields is presented, together with comparison to similar legislation in other countries. The question is discussed whether some of the requirements of the Regulations are excessively restrictive. Calculations demonstrate that limit values have been set too low regarding the strength of electric fi elds for area of intensifi ed sensitivity and area of occupational exposure. It is suggested that the values that have been established by the Recommendation and Directive of the European Union should be used. The article does not dispute certain precautionary measures or the precautionary principle but points out that there is insuffi cient explanation for the strictness of the norms. A proposal is presented for amendments to the existing Regulations.

National Regulation on Processing Data for Scientific Research Purposes and Biobanking Activities: Reflections on the Experience in Austria

The application of the latest technologies in biology and medicine has brought them to a qualitatively new level of possibilities. Worldwide, biobanking is actively developing through the creation of biobanks of various types and purposes, whose resources are used to solve therapeutic or scientific problems. Legal science remains an open question concerning the boundary that runs between the right to data protection and the scope of disclosure of data needed for medical purposes. In this article, the author considers peculiarities of data processing in the context of biobanking activity on the example of Austria and its national legislation. In addition, the article reveals features of the approaches of the European Court of Human Rights (ECtHR) and the Council of Europe to the issue of biobanking in general, its characteristics in the context of data, and legal regulation of this phenomenon in the national law of states. The author devoted an important part of the study to the role of Austria’s experience in the context of data processing for scientific purposes and the development of biobanking for a number of other European states. The aim of the article is to analyze the Austrian legislation on data processing for scientific research and biobanking, the attitude of the Council of Europe to this phenomenon, and the practice of the ECtHR, as well as to consider the impact of the current world situation on these activities. The leading method of research used in the article is the formal-legal method. The article analyzes the Austrian law in the context of data processing in medical research, the relationship of the specifics of personal data protection, and the need to disclose them for scientific purposes. The author pays special attention to the influence of Austrian law on the legislation of other countries, which is reflected in the conclusions to the article. In addition, based on an analysis of the application of the Austrian experience to the legislation of Poland and Ukraine, the author points out the necessary changes that should be made in the laws of these countries.

Ensuring state, public, and personal interests in criminal proceedings under martial law or a state of emergency

The full-scale invasion of the russian federation on the territory of Ukraine led to the need to change and amend the Criminal Procedural Code of Ukraine, specifically its Section IX-1. The purpose of this study was to analyse the development of criminal procedural legislation on the regulation of criminal proceedings under martial law through the lens of state, public, and personal interests of participants in criminal proceedings; analysis of legislative regulation of special procedures for apprehension and detention both in Ukrainian legislation and in the legislation of other countries. This study uses a set of special methods inherent in the study of the phenomena of legal science, namely historical legal, formal legal, comparative legal, and system-structural. It was found that both the title and the text of Section IX-1 of the Criminal Procedural Code of Ukraine have no indication of the specific features of criminal proceedings during other, except for military, special situations in the state that threaten its national security. It was substantiated that when regulating criminal proceedings under martial law, the emphasis on the priority of the interests of the participants in the criminal proceedings shifts towards the benefit of the interests of the state and society. Attention was drawn to the substantial expansion of the prosecutor's powers. The lack of a systematic approach to introducing changes and amendments to the criminal procedural legislation was proved. The procedural form of restriction of the right to freedom and personal inviolability during martial law has undergone substantial changes. An analysis of the criminal procedural legislation of Great Britain, Spain, France, and the United States suggests that these states respond to national security threats by introducing special procedures in the investigation of crimes that caused such threats. These special procedures relate to the period for detaining a person without notifying them of their charge, without bringing them to court. The conducted study allows forming a conceptual approach to the regulation of criminal proceedings, thereby ensuring a reasonable balance of state, public, and personal interests

스토킹범죄 피해자 보호에 관한 연구

Stalking punishment act states stalking as an act to incur anxiety or fear in victim consistently or repeatedly without just reason against the stalkee’s will. Previously, such act has been assumed as an excessive expression of affection or wooing onto the other person as stated in a proverb ‘tens of strikes will tumble any tree’. However as it has become a social notion that mental and physical suffering afflicted by staling is as serious as that by criminal act, social demand to regulate it as crime has arisen.
 In Korea, from 1999 to 2021 when stalking punishment act has been enacted, stalking-related legislations have been proposed over 20 times, but such legislation has not been proceeded for over 20 years.
 As stalking prevention act, legislated in 2021 which is late compared to other countries like Germany or Japan, has been enacted for over a year, it requires many revisions as 15 revision proposals have been submitted to the congress.
 In this study, it has analyzed preceding research, revisions, and legislation of other countries to study major issues in current stalking punishment act and deduced its revisions.
 Issues with the current stalking punishment act include; the subject of stalking crime is limited to the victim and his/her family; second, the law can penalize the criminal only when the act itself is committed; third, there is limitation of crime not prosecuted against objection; fourth, online stalking is difficult to be punished despite the public legal demand; fifth, it is meager the regulation to report the stalkee in modifying emergency measure defined by the law; sixth, more powerful measures against the perpetrator is necessary. Such issue can argue that related content is insufficient in the regards that the law protects stalking victim and prevents stalking developing into violent crime with preemptive measure, which its prime legislative motive.
 Therefore, purpose of this study is to deduce a revision to improve insufficient aspects in protection of stalking victim. In this study, preceding studies, domestic legislations, and stalking-related regulations in Japan and Germany have been studied chronologically to derive such revision, and thus, its primary goal is to study overall legal system on stalking crime and changes in public perception, and solve issues of current legislation. Its second goal is to propose measures to adequately respond to possible stalking-related issues in Korea.

The Creation of the Right of Real Servitude: Derivative and Original Method Based on the Kosovo and Some European Countries

Legal provisions define the right of servitude as a real right both in local legislation and in the legislation of European countries. Based on the local legislation, some shortcomings are encountered when it comes to the right of servitude, particularly the right of servitude in kind. An issue that will have to be addressed and compared with the legislation of other countries is the crime of the right of real servitude, based on the ways of creating this right. Based on the local legislation, it is emphasized that the right of real servitude can be created based on a legal title, the decision of a state body and based on the law. At the same time, no more detailed division is made to show which legal title belongs in which way, that of derivatives or original. In comparison, legislation of European countries such as Germany, Austria and France, as well as regional countries, it is emphasized that there are two ways for the crime of the right of real servitude. After the ways are mentioned, the separation of legal titles is done; such a thing should be defined in the legislation of Kosovo. Nevertheless, based on the provisions of the legislation in force, we note that where the legal titles for the creation of the right of real servitude are mentioned, there it is known that there are two ways of creating the right of real servitude that the derivative way and the original way of obtaining the right of real servitude, only that it would be more correct if they specified which legal title is considered a derivative title, which in our case is the contract and testament, and which would be considered an original title, which could be the decision of the state body such as that of the court or any administrative body.