Private Interests Research Articles

Ehren und Erinnern (re‐)konstruieren – ein Kommentar.

AbstractThe commentary interprets the practices of remembering and the creation of memory as an attempt at academic and public‐media self‐understanding, which exhibit past‐political, present‐oriented and future‐oriented perspectives and intentions. Academic politics of history and remembrance can hardly be imagined without reference to and interaction with the public and politics. The contributions in this special issue make it clear that a large number of public and private actors and interest groups are usually involved in memory policy controversies surrounding academics. When discussing prizes, street names or school names named after academics, for example, very different logics and ideas about remembering and memory often clash. This fundamental dilemma is particularly evident in debates about controversial academics who worked before, during and after the Nazi era.

Виды гражданских прав, законных интересов физических и юридических лиц, реализуемых при участии нотариуса

As part of the study, examples of notarial actions were selected that demonstrate the legal role of a notary in the implementation and protection of civil rights and legitimate interests of individuals and legal entities, and a definition of legitimate interest was given. It is established that the notary is one of the forms of realization of the system of legitimate private interests, which are the basis of the subjective civil rights of individuals and legal entities. The author presents a classification of civil rights and legitimate interests of individuals and legal entities, depending on the need for a notary to participate in their implementation.

State regulation in the law enforcement system sphere as a tool for resolution of a conflict of interest in society

Motivation: The law enforcement system of the state is a special component of ensuring the performance of state functions related to the security of society. The study of the law enforcement system is impossible without studying the interests intertwined in its tasks, principles and functions. Aim: The purpose of the research was to study the key areas of the state policy implementation in law enforcement, ensuring public order and combating crime. Results: Based on the results of the study, the development of the doctrine of state policy in the field of transformation of the law enforcement system in the context of the theory of interest is substantiated. The origins of interest in the public administration system are established and the order of their formalization in law is justified. The substantive characteristics of private, public and community interests are determined, which serve as the basis for forming a law enforcement system to ensure their satisfaction. A hypothesis has been put forward and proved that the satisfaction of interests through their formalization in law and protection in the law enforcement system depends on the current political regime in a particular country. The conducted analysis of dictatorial regimes testifies to the replacement of the concepts of public interest with the private interest of the dictator, which as a result leads to threats to society in a particular country. The manifestation of the law enforcement system in the context of the theory of interests is determined, including: 1) an instrument for the protection and settlement of all interests; 2) a system of intersection of agents' interests; 3) an instrument for narrowing private interests.

Current Problems of International Legal Copyright Protection

The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.

On the Content of the Principle of Balance Public – Private Interests

The article substantiates the interrelation of the non-positivistic legal system based on consideration of the inherent in the law aspiration to justice, with the necessity of highlighting the principle of balance of public and private interests. The results of the main comprehensive scientific research in the fi eld that are based on the consideration of public and private interests balance as a basic legal idea as well as the necessity of its implementation in constitutional and international justice are highlighted. The author concluded that there is constitutional and legal basis for distinguishing the balance of public and private interests as a general legal principle, as well as general approaches to its content in both legal theory and sectoral legal sciences. In order to eliminate the difference in terminology used (balance of interests, ratability, proportionality, balance of constitutional values), it is proposed to use the phrase «balance of public and private interests». In the author’s view, the use of such terminology underlines that the principle under consideration is primarily addressed to the legislator and allows to focus on the objectives for the achievement of which legal regulation is established in certain areas of public relations. Other terms are used mostly in relation to the implementation of this principle in constitutional justice. The dualistic principle to determine the content of the principle of balancing public and private interests is proposed. Firstly, the principle under consideration is about the duty of the legislator and the court to use the necessary and sufficient means to ensure a fair relationship between different interests in establishing legal regulation and resolving disputes. The second approach has instrumental significance and is related to the implementation of this principle within the framework of constitutional proceedings on the basis of proportionality and balance of constitutional values.

Short Run and Long Run Effects of Corruption on Economic Growth: Evidence from Balkan Countries

One of the factors that characterize the different countries of the Balkan area is the level of corruption which, as often stressed by scholars, may significantly influence the economic growth of its countries. However, there is still no agreement on the sign of this effect: there are theoretical arguments and empirical results in favor of a positive correlation between corruption and growth, and there are also theoretical arguments and empirical results that support the opposite view. Comparing the short-term and long-term impacts can help to explain this contradiction. In this perspective, we propose an auto-regressive distributed lag (ARDL) methodology. This approach gives both short-run and long-run results simultaneously and it is robust with small samples. The results are not homogeneous for the eight countries covered by our study (Bulgaria, Croatia, Greece, North Macedonia, Romania, Serbia, Slovenia, and Turkey), but the following theoretical intuition is confirmed: although corruption could be seen as a factor that helps economic growth by speeding up the bureaucratic processing in the short run, conversely, in the long run, the social costs associated with corruption are considerable, making it difficult to sustain the political, economic, and social burdens, thus leading to a higher levels of corruption that negatively affect the economic growth. These results confirm certain aspects of Albert Hirschman’s ideas regarding private interests and public action.

Behavioural instruments in environmental law and policy: Potential and challenges

AbstractThe behavioural revolution in law and economics led to the insight that command‐and‐control and market‐based instruments have limitations in bringing about behavioural change. Environmental behavioural instruments use persuasive strategies or techniques rather than direct incentives to encourage environmentally responsible decision‐making. This article investigates the potential and challenges of behavioural instruments in environmental policy based on a survey of theories and examples concerning environmental behavioural instruments. Behavioural instruments can reduce the information costs of environmental regulation while increasing self‐efficacy for environmental compliance. More importantly, behavioural instruments can be cheap and effective by activating various norms in specific contexts. However, the behavioural approach, because of its focus on individual compliance, may not be well suited to address (transboundary) externalities. Behavioural instruments are especially important in generating positive externalities by appealing to social norms. Such mechanisms are, however, less suited to internalising negative externalities. The effects of behavioural instruments may not be easily guaranteed (in the long run), especially when the environmental goal of the behavioural approach clashes with private interests or fails to consider individual differences and contextual factors. We therefore argue that behavioural instruments should be included alongside standard regulatory tools, thus reaching an optimal mix between both.

Consumer lending vs ludomania: From resilience to social responsibility in the case of Ukraine

The main idea of the article lies in seeking a balance between the interests of the state, citizens - microcredit borrowers, non-banking financial institutions, and gambling entities (this is exemplified through relationships where low-income citizens use consumer credits for gambling). Unwise decisions by any of these participants regarding consumer credits and their use for gambling pose risks to both financial and social security in society. The issue of rationalizing the purpose of consumer credits, particularly in the context of military factors, when both the state and citizens are highly vulnerable, gains particular significance. In pursuit of the aim to identify an effective strategy to counter their (credits) use in citizen-risk operations, such as gambling, the article provides reasoned proposals for enhancing legal regulation of these relationships in Ukraine. Furthermore, the conceptual component of the article is reinforced by emphasizing the significant role of the concept of socially responsible business, which serves as a guarantee for achieving a positive social impact and minimizing predatory treatment of citizens in the microcredit sector. The research offers measures to prevent the misuse of microcredits and underscores the importance of achieving a balance between state and private interests in this field.

STATE FINANCIAL CONTROL: CONCEPTS AND CLASSIFICATION

The article emphasises that the conditions of the market economy and the development of Ukrainian society require a new conceptual approach to the creation and functioning of the system of state financial control. Additionally, the significant growth of financial abuses and violations necessitates a fundamental theoretical study and the determination of ways to build a new, better system of state financial control that can solve the problem of inefficient management in the public sector of the economy. The article contains a study of a significant range of approaches of modern scientists to interpreting the concept of ‘control’ to find a clear and understandable definition not only of control but also of financial and state financial controls. The authors analysed the definition of financial control that revealed the advantages and disadvantages of the definitions provided by modern scientists. We concluded that the scientists mainly limit this concept to state control while subjects refer to state bodies. We also proposed a proper definition, taking into account the indicated shortcomings. Therefore, financial control is interpreted as an activity carried out by state and local self-government bodies, business entities, and citizens of Ukraine to ensure legality, financial discipline, and reasonableness in mobilising, distributing, and using funds and related material assets. At the same time, we aim to assess the economic efficiency of economic activity, avert and avoid obstacles that prevent the legal and rational use of property and funds, the expanded reproduction of production, satisfaction of state, collective, and private interests, and needs for economic management. In addition, we defined the purpose and tasks of financial control. In general, state financial control aims to prevent and detect financial offenses, bring the guilty to justice, ensure compensation for damages, and take measures to stop similar crimes from happening in the future. Its task is to ensure legality, efficiency, fiscal discipline, and optimality in the formation, distribution, possession, use, and disposal of assets as state property. Keywords: control, financial control, state financial control, management, classification, efficiency, responsibility, legality.

STRATEGY FOR ELIMINATING CORRUPTION THREATS TO UKRAINE'S NATIONAL SECURITY

The article reveals the strategy for elimination of corruption threats to national security. It is a system of knowledge about legal and organisational measures aimed at ensuring the supremacy of human virtues in public-legal relations at a level that excludes both potential and real threats to human rights, territorial integrity, safe living conditions of citizens and other constitutional values. It is a molar set, the content capacity of which is divided into at least two atomic units – legal norms and the implementation of legal norms. Taken together, both components of the strategy are capable of ensuring the preservation of these values and the development of the nation on this basis on an ongoing basis. The first component is intended to cover the content of legal relations. The second component involves the practical implementation of legal norms. These two variables equally saturate the functional and structural content of the security of national interests. Accordingly, the security of the nation exists only under the condition of the implementation of law-making and law-enforcement operations, which is possible only at the level of the institutionalisation of these processes. Any replacement of an institution by a person, of public interest by private interest, of law by its visibility, of freedom by force, determines the operational and/or strategic dysfunction of law, which leads to the loss of meaningful national values. It is determined that the hierarchy of initial relations of key concepts for understanding corruption distortions, the essential content of national interests and the relationship of corruption acts with the level of threats to Ukraine's national security form the ontological basis of the strategy for eliminating such threats. This basis should also include the principles of its creation, updating, implementation and monitoring of effectiveness. This is the introductory part of the strategy. In the substantive part of the strategy, it is necessary to specify the goal, tasks and areas of national interests, as well as the subjects of its implementation, effectiveness control and renewal. These subjects include all public authorities, civil organisations and each citizen. The main responsibility for the effectiveness of this approach lies not only with specialised anti-corruption bodies, but necessarily with all national public authorities. It is emphasised that there will be a system of control over such performers within the already existing infrastructure of public authorities and with detailed rules on the limits of control by citizens, the legal possibilities of which should be wide enough to ensure that this control remains an effective tool for ensuring the provisions of the specified strategy, including the possibility for citizens to use legal procedures of vigilantism. Separate sections of this strategy should be devoted to detailed rules for strengthening national security through transnational connections and digital technological resources. The secret part of the strategy should contain rules for using the nation's permanent and situational advantages, its individual features and other resources at a particular moment in time, as well as in the short, medium and long term. This part should also reflect the algorithms for determining the nature and qualities of these advantages, timely verification of their emergence and transformation. The author establishes that all these rules and algorithms should be combined with the rules for determining the changing nature of corruption acts and corruption subjects and their criminal accomplices.

Проблемы правоприменительной практики при привлечении перевозчика к административной ответственности

The article is devoted to the study of the problems of law enforcement when bringing the carrier to administrative responsibility under part 3 of article 16.1 of the Code of Administrative Offenses of the Russian Federation. A comparative analysis of judicial practice is presented, which revealed the lack of uniformity of judicial decisions. Conclusions are formulated on the directions for the further development of customs law, excluding excessive burden on persons moving goods across the customs border of the Eurasian Economic Union, in the absence of their fault due to a slight discrepancy in the gross weight of goods. Emphasis is placed on the need to maintain a balance of public and private interests, which should be based on the conscientiousness of the subjects of activity in the field of customs and the readiness of customs authorities for effective cooperation.

Assessment of transparency indicators in space medicine.

Space medicine is a vital discipline with often time-intensive and costly projects and constrained opportunities for studying various elements such as space missions, astronauts, and simulated environments. Moreover, private interests gain increasing influence in this discipline. In scientific disciplines with these features, transparent and rigorous methods are essential. Here, we undertook an evaluation of transparency indicators in publications within the field of space medicine. A meta-epidemiological assessment of PubMed Central Open Access (PMC OA) eligible articles within the field of space medicine was performed for prevalence of code sharing, data sharing, pre-registration, conflicts of interest, and funding. Text mining was performed with the rtransparent text mining algorithms with manual validation of 200 random articles to obtain corrected estimates. Across 1215 included articles, 39 (3%) shared code, 258 (21%) shared data, 10 (1%) were registered, 110 (90%) contained a conflict-of-interest statement, and 1141 (93%) included a funding statement. After manual validation, the corrected estimates for code sharing, data sharing, and registration were 5%, 27%, and 1%, respectively. Data sharing was 32% when limited to original articles and highest in space/parabolic flights (46%). Overall, across space medicine we observed modest rates of data sharing, rare sharing of code and almost non-existent protocol registration. Enhancing transparency in space medicine research is imperative for safeguarding its scientific rigor and reproducibility.

Data Ownership and Digital Governance: Promoting Enterprise Cooperation and Sustainable Development

In the contemporary data-driven era, the triad of data ownership, digital governance, and government-enterprise cooperation is woven intricately into the fabric of the digital landscape. At the core of this interconnected web lies the imperative to strike a delicate balance between safeguarding data rights, fostering data sharing, and upholding data security, all pillars underpinning the sustainable growth of digital ecosystems. This paper aims to illuminate the profound interplay between data ownership complexities, enterprise management strategies, and the overarching domain of digital governance. Furthermore, it delineates the landscape of pertinent legal frameworks that govern this intricate terrain. By embracing a nuanced, scenario-driven approach to data protection and by nurturing collaborations among diverse stakeholders, this article embarks on a quest to unravel how the implementation of effective cooperation models can serve as catalysts for the sustainable evolution of the digital economy. Simultaneously, these models advocate for responsible data governance, ensuring that the fundamental values of individual privacy and corporate interests remain duly safeguarded.

RIGHT TO PRIVACY IN INDIA: CONSTITUTIONAL BASIS AND IMPLICATIONS ON MODERN ISSUES

The right to privacy stands as a fundamental pillar of individual autonomy within the constitutional framework of India. This paper undertakes a comprehensive exploration of the multifaceted landscape surrounding the right to privacy in India, delving into its historical roots, constitutional foundations, contemporary challenges, and future outlook. Commencing with an examination of pre-independence cultural and legal landscapes, the study unfolds the constitutional basis of the right, predominantly enshrined in Article 21, exploring its evolution through landmark judicial pronouncements such as K.S. Puttaswamy v. Union of India (2017). The paper critically analyzes the limitations placed on the right, considering the delicate balance between individual privacy and societal interests. The research delves into the international dimension, conducting a comparative analysis with global standards and exploring the influence of international treaties and conventions on India's legal framework. Critiques of the right to privacy jurisprudence are discussed, alongside challenges in implementation and the nuanced task of balancing privacy with national security imperatives. The research concludes by underscoring the continued significance of the right to privacy in modern India and issuing a call to action for policymakers and stakeholders to fortify and adapt the legal framework in anticipation of emerging challenges.

Pillars of space traffic management in the era of LEO mega-constellations: A global perspective

In the context of deepening civil-military integration of the space industry and escalating competition among major powers, the rapid development of LEO mega-constellations has led to significant changes concerning space safety and security governance. Increasingly crowded outer space, aggravated by the emergence of mega-constellations, has posed severe challenges to space operational safety and national security. Therefore, there is a practical urgency to establish space traffic management mechanisms to cover safety and security issues. This paper envisions three pillars of space traffic management while proposing appropriate implementation measures for regulating the construction of LEO mega-constellations. Adopting a global forward-thinking approach, these proposals offer comprehensive guidelines for effectively integrating diverse stakeholders engaged in space activities, with the collective objective of striking a balance between commercial private interests, national space interests, and the broader concerns of humanity.

Peculiarities of the disposal of property owned by the Juvenile

The continuous improvement of the legislation, especially when the issue concerns the disposal of the property owned by the juvenile, should be evaluated as an expression of public and private interests. After all, the well-being of each participant in the civil turnover, including juveniles, significantly depends on the perfection of the legal framework, the correct formation, and the implementation of which guarantees the stability and satisfaction of their interests. In modern legal systems, each subject of law should have the opportunity to analyze the norms and, as necessary, use the means of protection of the rights. Despite this, the substantive regulation of the issue in Georgia, as well as the provision of fast and accessible forms of solution to the issue in the relevant direction from the procedural point of view, remains a challenge. Therefore, it is considered essential to improve the norms of the Civil Code of Georgia, which increases the risks of non-uniform interpretation of the norms related to the disposal of property owned by the juvenile. This significantly leads to eliminating both legislative gaps and indistinctness in practice. In addition, procedural legal regulation harmonized with international development trends about issues related to the disposal of juvenile property will significantly determine the proper functioning of the court system, contributing to the perfection of the system of the means of dispute resolution existing throughout the state.

ON THE ISSUE OF PRIVATE AND PUBLIC LAW: A NEW MANIFESTATION OF OLD PROBLEMS

The paper raises the question of the practical significance of the division of law into private and public, analyzes the ratio of public and private interests; conclusions are drawn about the inadmissibility of integrating public law principles into private relations, even if one of the parties in these relations is the state.

Problems of Exercising the Victim's Right to Familiarize with the Criminal Case file in the Event of Its Termination or Suspension

The victim is a central procedural figure in criminal proceedings, who is involved in criminal proceedings due to the fact his rights are violated by the crime. In connection with the constitutional provisions and provisions of the criminal procedure legislation, the violated rights of the victim are subject to protection. At the same time, according to many proceduralists, including the author of the article, the current provisions of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation), are more aimed at protecting the rights of the suspect and the accused, the rights of the victim are residual in comparison with the legal guarantees of the accused, that negatively affects not only the possibility of the victim exercising his legal status, but also in general on the protection of his rights in the field of criminal proceedings. This indicates serious shortcomings in the legislation in the field of protecting the rights of victims, which are systemic. The object of the study is exercising the right of the victim and his/ her representative to familiarize with the criminal case file in the event of its completion, termination, termination or suspension. In this sphere, serious shortcomings of the current legislation were revealed in terms of the formation of the procedure for familiarizing the victim, his representative with the materials of the investigation at the time of the suspension of the criminal case. It was concluded that amendments to the Code of Criminal Procedure of the Russian Federation were necessary to address the shortcomings identified, in a manner similar to chapter 30 of the Code of Criminal Procedure, which provides for the procedure for familiarization with the materials of a criminal case after the preliminary investigation. These amendments will help to safeguard the private interests of the victim and to implement the purpose of criminal proceedings - protection of the rights and legitimate interests of victims of crime.

Определение риска как гражданско-правовой категории

The article is devoted to the formation of a universal definition of such a civil law category as risk. The relevance of this topic is due to the vastness of the spread of risks in civil legal relations in the absence of their legal definition in civil law. Within the scope of the article, the author considers approaches to the definition of the concept of «risk» through the prism of linguistic, general philosophical and civil law understanding. Particular attention is paid to the study of the basic theories of civil risk. The author expresses the idea of the applicability of the definitions of civil law risk formed within these concepts in relation to its individual varieties, regulated by the norms of the current civil legislation. The article also touches upon the issue of the appointment of legal norms governing civil risks, emphasizing their distributive nature. In conclusion, the author presents for consideration the formulated general definition of risk as a civil law category. In addition, the author draws attention to the need for a fair distribution of civil law risks with the obligatory consideration of private and public (public) interests.

Допустимість використання штучного інтелекту у правоохоронній діяльності

The article defines the admissibility conditions for the practical use of conclusions (solutions) regarding artificial intelligence in law enforcement activities. A warning was expressed that depending on the circumstances of its specific application and use and the level of technological development, artificial intelligence may create risks and harm state or private interests and the fundamental rights of individuals. The admissibility of using artificial intelligence systems and conclusions (decisions) of artificial intelligence in law enforcement activities is established as a reason for conducting an additional check but not a basis for making a decisive decision by a law enforcement and law enforcement body. Attention is focused on the fact that artificial intelligence systems help law enforcement officers make decisions and not make decisions instead of law enforcement officers. Modern scientific views on using artificial intelligence systems in law enforcement activities are analyzed. The guiding provisions of the draft legislative resolution of the European Parliament on the proposal for the regulation of the European Parliament and the Council on the establishment of harmonized rules on artificial intelligence (Law on artificial intelligence) and separate legal acts of Ukraine in the field of development and use of artificial intelligence technologies are analyzed. It is concluded that there needs to be a proper scientific substantiation of the permissible limits (legal, ethical) of the use of conclusions (decisions) of artificial intelligence in law enforcement activities and the lack of specialists who can create and properly control artificial intelligence technologies. The expediency of developing the Code of Ethics for artificial intelligence with the participation of a wide range of interested parties, including law enforcement officers, is supported. It is noted that there is a need to bring the current legislation in the field of using artificial intelligence technologies into compliance with international legal acts and established standards, in particular regarding the admissibility (acceptability) of using the conclusions (decisions) of artificial intelligence in law enforcement activities and increasing the level of professional training of specialists to provide the field of artificial intelligence technologies with qualified staff capable of monitoring the process of applying artificial intelligence technologies in law enforcement activities. Keywords: artificial intelligence, artificial intelligence technologies, law enforcement activities, law enforcement agencies.