System Of Legal Protection Research Articles

Criminal Regulation of Illegal Use of Citizens’ Personal Information

With the rapid development of information technology, the collection, storage, and use of citizens’ personal information have become increasingly convenient. At the same time, the illegal use of personal information has become rampant, seriously threatening personal privacy rights and social order. This paper aims to systematically explore the criminal regulation of illegal use of citizens’ personal information. It first defines the concept and classification of personal information, then analyzes the specific forms of illegal use of personal information. Through a comparative study of relevant laws and regulations domestically and internationally, it reveals the effectiveness and deficiencies of current criminal regulations in protecting personal information. The research finds that although China has made progress in personal information protection legislation, there are still significant shortcomings in defining criminal liability, clarifying the application of laws, and enforcing regulations. Based on this, the paper proposes several recommendations to improve criminal regulation, including clarifying the constitutive elements of crimes, strengthening law enforcement, enhancing public awareness, and promoting international cooperation, with the aim of providing theoretical support and practical guidance for further improving China’s legal system for personal information protection.

The Interplay Between Global Digital Trade and Data Privacy Policy: A Comprehensive Review

In the era of big data, international trade has gone through a digital transformation and developed into a new stage of digital trade. The gradual prosperity of digital trade and the increasing contribution of digital elements to the economy of countries and the international community also bring about problems such as data abuse, surveillance, privacy infringement, and regulatory difficulties. In order to adapt to the development trend of digital trade, countries are paying more attention to cross-border data flow and data privacy protection, in order to maintain national security and the data security of various entities. Therefore, this article analyzes the current situation and trends of digital trade, considers the security issues of data privacy from the perspective of different entities, links key issues such as cross-border data flow, data rights, and privacy rights, explores the current status of relevant domestic and foreign legal and regulatory systems, and conducts comparative analysis. The analysis results show that due to different values, there are significant differences in policies regarding digital trade and privacy protection among countries. The commonality is that none of them have established appropriate legal protection systems for data elements and privacy rights to promote the development of digital trade. Under the trend of technological development, data privacy will also be impacted by new technologies through digital trade. Therefore, in response to the expanding demand for data regulation, all entities should improve their privacy protection and cross-border data flow policies and standards from both internal and international perspectives.

Право человеческого эмбриона и плода на биобезопасность: актуальные вопросы правопонимания и правового регулирования

The article examines topical issues of legal understanding and legal regulation of the right of the human embryo and fetus to biosafety. The idea of forming the legal status of the human embryo and fetus is put forward, similar to the status of a born child with fundamental rights to life, health, dignity and biosafety. The assessment of the established legal approaches to solving such problems as the legal nature of the human embryo and fetus, their right to protection of their natural biological existence and development; protecting embryos and fetuses from abuse of biotechnology and genetic engineering. The author considers it important in the modern legal regulation of the use of biotechnologies to find a balance between rationality and humanism, which allows treating the embryo and fetus as a person, in respect of which an appropriate system of legal protection is being built against modern biological threats and challenges caused, among other things, by the unregulated development of biotechnologies.

THE CONCEPT OF THE SYSTEM OF LEGAL PROTECTION OF OBJECTS WILDLIFE AS A RESULT OF INTELLECTUAL ACTIVITY

The problems of the legal regime of the results of creative activity related to wildlife and humans have acquired special scientific significance and practical value in many countries, including Russia and Kazakhstan. Therefore, research on the development of concepts for the adaptation of the intellectual property law system as a sub-branch of civil law, the definition of the legal regime of new wildlife objects resulting from intellectual activity, and their integration into the already existing legal system, have a strategic level of state tasks aimed at achieving a balance of public and private interests, especially in the field of biomedical technologies and genomic experiments that create very significant risks not only for the living humanity, but also for future generations. Taking into account the above, this article presents the results of a scientific analysis conducted in order to develop a theoretical concept for building a system of legal protection of wildlife objects as the results of intellectual activity and to make proposals for improving legislation in the field of intellectual property law. Based on the results of the study, it is proposed to modernize the system of law in the field of intellectual property in terms of objects of wildlife, including new objects in addition to existing breeding achievements, namely: strains of microorganisms, genetically modified organisms, biomedical cell products, genomes, and other results of intellectual activity created using human and animal biomaterials, including birds, fish and other representatives of fauna, and provide them with an independent legal regime. The revision of the last object "other results ..." allows you to leave the list of wildlife objects open in order, if necessary, to introduce another innovative object into the intellectual property system, providing it with an appropriate legal regime, without additional changes to the law.

Legal Protection of Indonesian Workers on Japan on the Perspective of Human Rights and Pancasila Values

In the 21st century, the phenomenon of labor migration is becoming increasingly significant globally. Japan has become one of the main destinations for Indonesian workers. However, legal protection for them in Japan is still a major concern. This study provides an in-depth insight into the challenges faced by Indonesian workers in Japan in obtaining adequate legal protection. Using a qualitative approach and text analysis, this research uncovers important aspects of legal protection for Indonesian workers in Japan. The findings highlight the need for an evaluation of the effectiveness of the legal protection provided, as well as an emphasis on its relation to the principles of human rights and the values of Pancasila. The legal protection provided should be in line with human rights principles, such as the rights to justice, equality and humanity. As a country based on Pancasila values, the practice of legal protection for Indonesian workers in Japan must also be consistent with Pancasila values, such as social justice, unity, and humanity. The recommendations from this research can serve as a foundation for improving the legal protection system for Indonesian workers in Japan, with the ultimate goal of improving their welfare and ensuring that their rights are properly recognized, respected and protected. As such, this research not only provides a better understanding of the challenges faced by Indonesian workers in Japan, but also offers directions that can be taken to improve their conditions in the future.

A PROTEÇÃO POSSESSÓRIA NO ORDENAMENTO JURÍDICO

The aim of this research is to examine possessory protection within the legal framework. Initially, the paper will discuss the historical evolution of possessory law, tracing its origins from Roman law to its consolidation in modern legal systems. Consequently, it will define and explore the fundamental aspects of possession under Brazilian law, distinguishing it from ownership. Essential elements of possession, such as jus possidendi and jus possessionis, will be analyzed, highlighting the importance of possession in the legal system and its practical implications. The study will then examine the various forms of possessory protection provided by the legal framework, including possessory actions and provisional measures. The methodology employed in this research will involve a literature review. Following this, the requirements for granting possessory protection will be discussed, focusing on the need to demonstrate possession, the violation of possession, and the urgency required for provisional measures. The specific conditions for new force and old force actions will also be explored, offering a comprehensive understanding of procedural criteria. Distinctive characteristics of possessory protection, such as the fungibility of the action, the dual nature of possessory actions, and the cumulative nature of requests, will be examined. Additionally, the legal procedure for implementing possessory actions, from the initial petition to the final decision, will be addressed. In conclusion, the article reveals that despite a well-structured legal system for possessory protection, significant practical challenges remain that may impact the effectiveness of protecting possessory rights.

Research on the Legal Issues of Personal Information Protection under the Civil Code

The promulgation of the Civil Code marks that China's personal information protection has moved to a higher level, and the Basic Law has completed the superstructure of personal information protection. In recent years, the theoretical research and judicial practice of personal information protection in China have made great progress. However, the legislation of the Civil code defines the protection of personal information as the interests of personality rather than the rights of personality, especially in the context of the increasing infringement of personal information in the network field, this drawback will lead to the limited and scattered protection of personal information. With the human society entering the information network era, the Civil Code should separate the protection of personal information into a chapter, redefine it as the right of personality, and coordinate with the supporting rules of the protection of personal information, so as to form a personal information protection legal system dominated by the right of personal information.

Legal Strategy To Prevent And Overcome Abuse Of Funds In Digital Wallets

E-wallet, or electronic wallet, is an application or software that enables users to store, manage, and conduct financial transactions electronically. E-wallets usage is able for various purposes, such as making payments, transferring money, or storing payment information for online transactions. Despite the advantages of e-wallets, there are still risks associated with their use, such as the potential loss of consumer funds and the possibility of personal data leaks due to inadequate security measures on the platform. It can disadvantage consumers as users of e-wallets. Law Number 8 of 1999 concerning Consumer Protection contains various provisions aimed at directing manufacturers and businesses, especially those in the business sector, to behave in a manner that supports national economic development. Bank Indonesia has implemented a legal protection system for digital wallet users, starting from the issuance of regulations and policies. One such policy is the creation of guidelines for the operation of payment system services, especially for the use of digital wallets. These guidelines are regulated in Bank Indonesia Regulation Number 20/6/PBI/2018, which discusses the operation of payment systems through digital wallets. This regulation, known as the Bank Indonesia Electronic Money Regulation, establishes licensing and supervision procedures for electronic money operations, including the use of digital wallets. Bank Indonesia not only regulates operational procedures but also emphasizes consumer protection for payment system users, including those using digital wallets, by issuing Bank Indonesia Regulation Number 16/1/PBI/2014 concerning Consumer Protection for Payment System Providers.

The Development of Android Based on Legal Protection System for Women and Children

The issue of protecting women and children is becoming a concern in many parts of the world, including Indonesia. Applications can help women and children face dangerous conditions, increase public awareness, and empower them in handling cases of sexual harassment, requiring alternative technology-based solutions. The research method is juridical-empirical using a positivism paradigm, with a population of Pontianak city. Data was collected through literature study, documentation, and questionnaires. The legal protection for women and children in Pontianak City in terms of overcoming violence was found to be good, The community believed that the government was not adequately addressing incidences of abuse against women and children. Supporting factors suggest that the public can be helped by reporting acts of violence online.

The legal basis of social security for village officers and members of their families according to the legislation of Ukraine

The article examines the current state of the legislative system of Ukraine, which regulates the social protection of military personnel and their family members. The main principles of state policy in the field of social security of this category of persons were considered, and it was determined that the main directions of such policy are: a) establishment of a unified system of social and legal protection; b) guaranteeing favorable conditions in the economic, social, and political spheres to military personnel and members of their families; c) development of effective and accessible mechanisms for the realization of their rights to social protection by this category of persons. Social security of persons who defend the state is an extremely important direction of state policy, which is of primary importance not only during the war, but also after its end. Today, there is no more important task than protecting and ensuring the rights of servicemen of the Armed Forces of Ukraine and other military formations that defend the territorial integrity and sovereignty of our state. It is noted that today in Ukraine there is a system of normative legal acts of various legal force that regulate issues of social and legal protection of military personnel, their constitutional rights and freedoms, and guarantees regarding their implementation. At the same time, despite the fact that the legislation in this field is constantly developing and improving, many problematic issues require an effective mechanism for their resolution. The types of social guarantees of servicemen and their family members and the peculiarities of their provision during the period of martial law in the country are considered. A conclusion was made about the irregularity of the norms that determine specific types of social protection of servicemen and their family members, as a significant number of normative legal acts do not always indicate the provision of integral and comprehensive social protection. And also, the absence of a single legislative act that would determine mutually agreed standards and principles of building the entire structure of social security for servicemen and their family members. There were opinions that the existing system of social protection needs radical reorganization and adaptation to modern conditions. In particular, it is necessary to create a clear system of guarantees of social (material) support of servicemen and their family members, to ensure their observance and implementation by the state. A decent level of social security acts as a stimulus for citizens to military service.

Radiation, chemical, biological, nuclear threats (SBRN-defense) in the context of the doctrine of criminal law of Ukraine

The article contains an analysis of the criminal legislation of Ukraine in the field of CBRN threats. Based on the results of the study, the state of criminal and legal protection of the population against CBRN threats was determined in the conditions of the formation of the doctrine of criminal law of Ukraine against the background of the full-scale aggression of the russian federation against Ukraine, and the ways of forming a relevant system of criminal and legal protection in the field of CBRN threats were also determined.

Arrest Web Entanglement: Female Domestic Violence Survivors' Experiences with Police Intervention and Coercively Controlling Male Partners.

Although U.S.-based mandatory and preferred arrest laws and policies were created to promote domestic violence survivors' safety, at times they have contributed to the wrongful arrest of women defending themselves against their abusive partners. While these laws and policies are the subject of broad critique, less considered are domestic violence survivors' descriptions of the events that unfold after police officers respond to a domestic violence incident and before they make an arrest. This is an important area of inquiry as these events may highlight how the circumstances leading to wrongful arrest decisions are more complex than the laws and policies alone. Data from the present study came from the author's larger in-depth qualitative investigation of 33 cisgender women's descriptions of their legal and child protection systems involvement. The women were recruited from an antiviolence intervention agency receiving referrals from communities with mandatory and preferred laws and policies. The women had agency contact due to their use of force or alleged use of force. The respondents were diverse across race, age, class, ability, U.S. citizenship status, and sexual identity. The author analyzed the 33 women's 51 interview transcripts and extensive fieldnotes using rigorous iterative analysis and constructivist grounded theory. The analysis revealed that seven of the 33 women, all of whom identified domestic and sexual violence survivorship histories, described a patterned series of events that unfolded after the police arrived at the domestic violence incident and before the police made an arrest. In this study, the author details three of the seven women's stories to demonstrate how a series of events, including police prearrest questioning and their coercively controlling male partners' tactics, facilitated the women's entanglement in what the author refers to as an "arrest web." Their incremental disentanglement from the arrest's impact is also explored. Broad system-focused implications are discussed.

The aspects of implementation of digital technologies under rendering of services in health care: The publications review

The article presents review summarizing contemporary National and foreign experience of implementing digital technologies under provision of services in health care. The systematic analysis of data from Scopus, eLibrary, PubMed and others electronic databases permitted to select 30 sources in Russian and English for 2016-2023. Modern digitization trends affect collaborations of companies where vectors of modernization become development of unified digital framework based on common state information system of health care; common educational platform for medical knowledge enriching by AI capabilities, through development of organizational activities and workflows based on digital technologies and services utilizing digital transformation. The deficiency of tools evaluating efficiency of reading software products and scalability of health digitization processes become problematic issues. As of today, diagnostic technologies using AI systems, technologies of lung cancer screening, examination methods of patients with post-traumatic deformations of cheekbone-orbital complex, monitoring of readings of devices with digital registration, further office consulting of various levels and application of AI in neurosurgery were described already. The article also considers issues of telemedicine consultations and development of modernized care models. The authors expect that digital ecosystem in development addressing issues of legal concept of management, financing and system of patient legal protection will do everything necessary to mitigate cyber incidents.

Empowering MSMEs: Unravelling the Essence of Business Law and Brand Protection in Indonesia

In the context of Indonesia, as a country with a very large number of MSMEs, a good understanding of the role of business law and trademark protection is a very important capital to create a conducive and sustainable business climate for MSMEs. Along with a better understanding, it is also expected that there will be an increased awareness of the importance of trademark registration and business law protection for MSMEs in Indonesia. This study explores the complex legal and trademark protection system that Indonesian MSMEs (micro, small, and medium enterprises) have to go through. Business registration procedures, compliance standards, and legal support present barriers that are revealed through normative analysis and further explained through interviews with experts. In addition, there are problems with brand protection procedures, such as difficult law enforcement and protracted brand registration procedures. The results are synthesized into normative solutions that suggest changes to the company's compliance, registration, legal aid, and brand protection systems. If put into practice, these solutions can empower MSMEs, encourage innovation, and boost the Indonesian economy. In addition, it is also important to create mechanisms that make it easier for MSMEs in the trademark registration process. Simple measures such as simplification of registration forms and improved accessibility of information on the registration process can greatly help MSMEs with limited resources and knowledge. These measures, along with the proposed normative solutions, can significantly improve MSME trademark protection, encourage innovation, and strengthen the Indonesian economy.

Research on the legal regulation and improvement of carbon emission trading

Carbon emission trading system is a kind of environmental institutional arrangement to solve externalities through market mechanism, which is one of the most effective ways to deal with climate change in China and to control air pollution represented by haze pollution. In accordance with the requirement of "using system to protect ecological environment", China should position carbon emission trading system as the basic legal system of environmental protection in the new Environmental Protection Law, and from the aspects of reasonable determination of total carbon emission control mechanism, allocation of carbon emission trading quota, selection of pricing mechanism, and improvement of government supervision mechanism, etc. To improve China's emissions trading system.

История групповых культурных прав и их защиты: теоретические коллизии международного права

The issues of the international legal protection system have become particularly acute in recent years, since the existing practice has shown a lack of effectiveness and revealed cardinal shortcomings in the ability of the international community to prevent human rights violations leading to military conflicts and social explosions. The article shows by historical examples that the liberal-individualistic approach to the definition of human rights has led to the fragmentation of international legal acts, the absence of generally recognized criteria for the systematization of human rights, including those of a collective nature. It is proposed to create a system of international legal protection based on the development of the concept of cultural group rights, including a set of non-individual factors of self-determination of the individual and his participation in collective human existence.

Legal Boundaries of Data Protection

With the development of Internet, big data and artificial intelligence technology, personal information protection has become the focus of social attention. The legal boundary of data protection has become increasingly prominent, involving the collection, storage, use, transmission and disclosure of personal information. This paper aims to explore the legal boundary of data protection, analyze the legal basis, legal principles and legal provisions of personal information protection, and put forward corresponding legal suggestions, in order to provide reference for the improvement of China's data protection legal system.

Review and Reflection: The Perfection of the Legal Protection System for Representative Inheritors of Intangible Cultural Heritage of Ethnic Minorities

The protection of representative inheritors of intangible cultural heritage of ethnic minorities is the basis of inheriting intangible cultural heritage. By combing the provisions on the representative inheritors of intangible cultural heritage in China’s existing legal norms, combining with practical problems, examining the shortcomings of existing provisions, this paper puts forward optimization ideas from three aspects: improving the identification mechanism of inheritors, stipulating the rights of inheritors clearly, and strengthening the protection of the rights of inheritors, so as to realize the research goal of protecting the representative inheritors of intangible cultural heritage of ethnic minorities.

International Legal Framework for the Protection of Cultural Objects

Introduction. For thousands of years, historical and cultural monuments have been damaged or destroyed as a result of armed conflicts and acts of vandalism. Given the role that these sites play in the development of humanity, international humanitarian law (IHL) establishes the basis for the international legal protection of religious, cultural and scientific sites. At the beginning of the 20th century. the situation was complicated not only by the absence of a universal international treaty that would be devoted exclusively to the international legal protection of these objects, but also by an international intergovernmental organization that would develop appropriate norms and standards. These problems led to the creation in 1945 of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Thanks to the activities of this specialized UN agency, as well as the activities of a number of non-governmental international organizations, it was possible to form an international legal regime for the protection of cultural property both in peacetime and during armed conflicts.As a result of changes in the strategy of conducting armed conflicts, as well as improving the methods and means of conducting them in the 21st century, cultural objects are in great danger. In this regard, the analysis of current international legal norms and principles for the protection of cultural property in the context of international humanitarian law is of particular relevance.Materials and methods. As for the materials, we were talking about legal acts, Russian and cultural information based on the cultural traditions of international law. methodological basis based on scientific methods of lysis and synthesis, comparative legal method, scientific method of delivery.Research results. The evolution of the system of international legal protection of cultural property and world cultural heritage allows us to draw a conclusion about the comprehensive level of such protection, applied both in peacetime and in armed conflicts. The international legal responsibilities of states in this area are associated, first of all, with assessing the significance of cultural objects and giving them the appropriate legal status through national legislation or inclusion in the registers of international organizations.Discussion and conclusion. At the same time, the activities of states and international organizations related to the special designation of cultural objects in armed conflicts, the training of civilian and military personnel, and taking into account the specifics of the placement and maintenance of such objects are of particular importance. The general body of knowledge and skills for the protection and protection of cultural objects is formed by UNESCO as a specialized agency of the United Nations, which strives to preserve the universal heritage as the highest achievements of art and science.

ІNVENTORY OF ASSETS AND LIABILITIES: THE TOOL FOR RESTORING ACCOUNTING IN AGRICULTURAL ENTERPRISES UNDER CONDITIONS OF MARTIAL LAW

The article examines the organisation and methodology of conducting an inventory of assets and liabilities at enterprises affected by military operations or under occupation. The author examines the peculiarities of the process of restoring the activities of agro-industrial enterprises located in the areas of hostilities and occupied territories, which is associated with the problems of reflecting the losses caused by military aggression in accounting and reporting. It is established that in order to determine them, it is necessary to apply a set of accounting measures, one of the most important of which is an inventory. When conducting an inventory, it is ensured that the facts of destruction, destruction, damage and theft of assets are established. In the management system, the inventory helps to establish the actual financial position of the company and plan further investments, and in accounting, it is the basis for recording the damage caused by military operations. The study found that conducting an inventory after the de-occupation of the territories has certain peculiarities: a significant part of agricultural land is mined, and the enterprises themselves may have been damaged by shelling, so before the inventory begins, it is necessary to create conditions for safe and unhindered access to the enterprise's assets by contacting the relevant military/military-civilian administration and to inspect the territory for explosive devices. It has been established that during the hostilities, some enterprises did not work and employees migrated to safe regions or abroad, so it may not be possible to appoint an inventory commission and identify a materially responsible person, in which case the company may appoint responsible persons and start the inventory without a materially responsible person. After the inventory is completed, conclude a full liability agreement with another employee and transfer the assets to him or her for storage. Based on the analysis of regulatory legal acts, the author suggests alternative sources of obtaining information on assets in case of their complete or partial absence of accounting data due to their destruction (loss) during the occupation. It is established that the sources of such information may include data from state registers, in particular, the State Register of Real Property Rights, the Unified State Register of Vehicles, the State System of Intellectual Property Legal Protection, the Unified State Register of Animals of the Agency for Animal Identification and Registration. It is proposed to supplement the chart of accounts of assets, equity and liabilities with a separate subaccount 026 "Atypical assets identified during the inventory", where it is advisable to reflect assets identified during the inventory that are atypical for a given enterprise until the military / civil-military administration decides on their further use. We concluded that the involvement of an independent auditor during the inventory will help to increase the reliability and completeness of accounting and financial reporting data, which will be a reliable basis for recording the damage caused by military aggression.