Legislative Trends Research Articles

Биометрическая идентификация в Интернете: тенденции правового регулирования в России и за рубежом

The past few years saw the world's increased interest in biometric identification of Internet users. Biometric data differ from other identifiers: they are immutable and inalienable from their carriers, so any theft (including as a result of leakage) can lead to irreparable consequences. The aim of the article is to study the legal regulation of online biometric identification and processing of biometric data in the United States of America, China, and the European Union, as well as to assess the Russian legal regulation of this area in the light of world experience. For this, the authors use a comparative legal methodology. Each of the cases selected as research material illustrates one of the three regulatory models the authors identified. Each of the models is based on a certain constitutional concept of establishing a balance between users' private interests, on the one hand, and public interests, on the other. The US regulatory model is based on the establishment of minimum government guarantees of human rights observance in the processing of biometric data, while operators of Internet platforms remain with wide discretion in determining the procedure for processing biometric information. The Asian model, implemented, in particular, in China, proceeds from the priority of public interests over the privacy interests of individuals. States that implement such a model in their national legislation form centralized databases of subjects' biometric data, actively involving private Internet service providers in this process. The European model, which is based on the General Data Protection Regulation adopted in the European Union, on the contrary, proceeds from the recognition of the priority of the interests of the individual over public interests, establishing for this purpose strict rules regarding the processing of biometric data by Internet service providers and making it almost impossible to create centralized databases for accumulation of such information. Analyzing the trends in Russian legislation, the authors come to the conclusion that legal regulation in Russia tends to the Asian model and note that its implementation is associated with significant risks to human rights and freedoms, including in connection with data leaks from biometric databases. The emphasis is made on the fact that Russia, unlike Asian countries, is a member of the Council of Europe and is bound by the human rights standards laid down in its international documents. These standards should be taken into account when legislating in this area.

НОВІТНІ ТЕНДЕНЦІЇ УКРАЇНСЬКОГО ПЛАТІЖНОГО РИНКУ

The current state and current trends of the payment market of Ukraine are presented. At the beginning of 2022, 53 payment systems and settlement systems were operating. Conducted studies of the activity of the NBU electronic payment system testify to increasing the effectiveness of its activities for 2019–2021. $13,042.1 million was transferred within Ukraine through money transfer systems. US equivalent; to Ukraine – 505.3 million dollars US equivalent; from Ukraine – 16.8 million dollars US equivalent. The leader in the amount of transfers within Ukraine were the money transfer systems "NovaPay" and "Postal Transfer". The first place in terms of the volume of transfers both to and from Ukraine is occupied by the Western Union system. The number of payment cards issued by Ukrainian banks has a growing trend. As of the beginning of 2022, the number of cards issued by Ukrainian banks amounted to 89.1 million cards, which is 21.3% more than at the beginning of the previous year. The coronavirus pandemic in 2020 and the war in 2022 led to the transition to contactless payments, increasing the use of electronic wallets. It was found that almost 60% of active payment cards are contactless and tokenized cards. The largest number of payment cards is issued in the international payment system MasterCard. The second and third places are occupied by the international payment system VISA and NPS "SPACE". The largest share of the market of electronic wallets for paying for goods and services within the country is occupied by: EasyPay, SharPay (mobile application of Vodafone operator), Smart-money (mobile application of Kyivstar operator) and Global Money, they have one drawback in common – you can pay for goods and services only within the country, and for international payments in Ukraine, you can use AdvCash, Perfect Money, Payeer. Non-cash transactions made by cardholders in 2021 accounted for 70% and cash transactions for 30%, while in 2012 non-cash transactions made up 17% and cash transactions for 83%. Today, cashless payments are trending, which are increasingly displacing cash from circulation. The NBU has implemented a number of measures to improve regulation of the payment market. New legislative trends create conditions for the further development of payment products, services and services.

The Interpretation of Copyright Contracts and Recent Trends in Legislation

최근 소위 ‘구름빵’ 사건으로 촉발된 창작자의 권리구제 수단 확보를 위한 움직임은, 올해 초 발의된 저작권법 전부개정법률안에 ‘추가보상청구’와 관련된 내용을 포함하기에 이른다. 개정의 취지는 저작권 산업의 성장과 함께 창작자와 이용자 사이에 계약상 지위의 불균형에 따른 불공정이 발생하는 사례가 늘어감에 따라, 그로 인한 문제점을 최소화하고 창작자와 이용자 사이의 공정한 수익 분배 등 저작권 계약의 균형을 찾고자 하는 것에 있었다. 비교적 근래에 들어서야 실천적이고도 구체적인 논의가 시작되긴 했지만, 저작권 계약의 불공정성 및 그에 관한 당사자간의 다툼은 오래 전부터 이어져 왔다고 할 수 있다. 저작권 계약과 관련한 판례들을 비롯해 창작자의 권리를 보장하고자 하는 입법적 시도들 또한 지속적으로 있어왔다. 이에 본고에서는 저작권 계약과 관련된 사례로서 학계에서 깊이있게 다루어지지 않은 판례(99다72989)에 대한 평석을 중심으로, 최근의 저작권 계약과 관련한 동향들을 개관하고 추가적인 개정방향에 관해 고찰하였다. 해당 판례에서 명시하고 있지는 않으나 추단 가능한 법률행위 해석을 통해 저작자로서의 주장의 당부를 살펴봄과 동시에, 입법에 의한 창작자 지위 보호의 방향성에 관해 종합적으로 검토해보고자 하였다. 저작권 계약관계에 있어서 당사자간 지위 및 수익의 불균형을 계약 내용의 해석이나 당사자 합의에 기대어 해결하고자 하는 시도는 임의적이고 즉흥적이며 불충분할 수 밖에 없다. 궁극적으로 창작자 보호라는 문제의 해결을 위해서는 입법에 의한 개정방안을 검토할 수 밖에 없으며, 최근 들어서야 관련 이슈들을 기화로 해서 저작자의 추가보상청구와 관련한 규정이 저작권법 개정안에 반영되는 등 구체적인 법제도 개선을 위한 움직임이 일어나고 있음을 확인할 수 있다. 저작권 계약의 공정성을 담보하기 위한 방안은 일의적으로 규율하기 어려우며, 대등한 당사자 지위에 근거한 자유로운 법률관계의 형성을 위해서는 직접 계약의 공정성을 확보하는 측면과 함께 사적자치의 원칙을 고려한 다각적인 방안의 모색이 필요하다. 따라서 저작권 계약관계에 있어서의 창작자 지위 확보 및 권리 보호를 위해서는 추가보상청구 등에 관한 규정의 입법에 그치지 않고 저작권법 기타 법령의 개정을 통한 입법적 개선방안이 향후에도 지속적으로 논의되어야만 할 것이다.

Trends in the Development of Electronic Document Management: Prospects, Problems, Opportunities

Aim. The presented study aims to determine the role and place of electronic document management in the corporate system of Russian enterprises, outlining the prospects for its development.Tasks. The authors examine the legislative acts of the Russian Federation on the prospects for the implementation of electronic document management; assess the impact of the pandemic on the digitalization of document management; analyze the business costs of paper document management; identify the advantages of using electronic document management and promising technologies in document processing.Methods. This study uses theoretical and empirical research methods. The dialectic method is used to determine the role, significance, and legal status of electronic document management. Through a logical approach, the essence of such concepts as 'electronic document' and 'electronic document management' is identified.Results. The study presents directions for the development of electronic document management using blockchain technology, which will improve workflows by processing, sorting, exchanging data and documents protected from unauthorized access, and artificial intelligence, which can help organizations process documents faster by simplifying operational procedures. Obstacles that prevent companies from actively using electronic document management are identified. These include additional investment, time costs, and reorganization of management. The volume of innovative services is analyzed by the type of economic activity, and the costs of creating, storing, and processing paper documents are considered.Conclusions. Recent trends in legislation indicate the government's firm commitment to the speedy introduction of electronic document management in Russia. Its use frees up a lot of resources, including time, labor, and finances. The 2020 pandemic has emphasized the importance of digitalizing business processes to ensure their continuity in unforeseen situations. Integrated into the automation of work processes, blockchain technology will ensure the protection of information from unauthorized tampering. Artificial intelligence will open up new opportunities for processing electronic documents.

Prohibiting an activity when it cannot be managed by law: Legislative trends toward complex and sensitive economic and social activities in Vietnam today

Activities which are of sensitive and complex socio-economic characteristics have always been the principal focus of the legal system in every nation. “Prohibiting a sensitive and complex socio-economic activity when it cannot be managed by law’’ is a legislative trend in Vietnam which will be further clarified in the article by analyzing the activities that have been banned or just stopped at the level of banning proposals in Vietnam, namely debt collection, and sale and purchase of land in the suburbs of special urban areas. On the basis of analyzing the main causes leading to this legislative trend, the article will also propose solutions with a view to surmounting the current drawbacks and improve the Vietnamese legal system in the direction of democracy and transparency, which will contribute to the sustainable development of the economy and society.

미 바이든 행정부의 영업비밀보호 관련 입법·정책 동향과 시사점

현대 사회에서 영업비밀은 기밀유지가 핵심이고, 일단 유출되면 어떤 식으로든 원상회복이 불가능하며, 경우에 따라서는 유출에 따른 사회·경제적 비용이 천문학적 단위에 이를 수 있다. 이러한 측면에서 영업비밀 유출 후 민사상 유지청구와 손해배상, 형사상 처벌을 강조하는 기존 미국의 영업비밀보호 법제에는 한계가 있다. 사법적 구제수단은 일단 영업비밀이 해외로 유출되면 이미 빠져나간 국부 가치를 회복하는 데에 별다른 실익이 없기 때문이다.<BR> 이에 미 바이든 행정부에서는 영업비밀에 대한 시각을 달리하여 이를 단순히 기업의 사유재산이 아니라 국가적 차원에서 보호·관리해야 하는 공공재로 보고 사전예방적 차원에서 접근하고 있다. 바이든 행정부의 영업비밀보호 관련 국내 입법·정책의 기조는 중국으로부터의 영업비밀 탈취에 대한 예방 및 대응이다. 이를 위해 미국은 중국의 사이버보안법 체계를 일정 부분 벤치마킹하고 있다. 중국이 2021년 6월 10일 제정하고, 2021년 9월 1일 발효한 ｢데이터 보안법｣에 따르면, 사이버보안체계가 허술하여 데이터를 제대로 관리하지 못한 세계 굴지의 중국 IT 기업에게 영업정지처분, 영업허가 취소처분, 한화 약 18억원 상당의 벌금을 부과하고 있다. 바이든 행정부도 영업비밀을 보유하고 있는 국내 기업·대학·연구소에 사이버보안에 관한 적극적인 의무를 부과하고, 정부는 그 이행상황을 모니터링하는 쪽으로 나아가고 있다. 다만 영업의 자유·학문의 자유와 같은 자유시장경제질서의 본질적인 내용을 침해하지 않는 범위 내에서 정부가 기업·대학·연구소의 활동을 규율한다는 점에서 중국의 영업비밀보호 입법·정책과는 분명히 정도의 차이가 있다. 대외적으로 바이든 행정부는 다국적 기업의 초국가적 공급망 가운데 사이버보안에 취약한 지점이 생기지 않도록 국제규범을 정립하기 위해 노력하고 있다.<BR> 이에 우리나라도 최근 미국의 영업비밀보호에 관한 입법 논의를 참고하여, 영업비밀을 보유한 기업·대학·연구소가 합리적인 부문별 IT 보안 조치 및 절차를 채택하고 이행하게 하며, 노하우를 포함하고 있는 라이선스 계약 체결 시 구체적인 사이버보안 조항을 포함하도록 법적으로 강제할 필요가 있다. 대외적으로는 우리 기업의 초국가적 공급망 가운데 사이버보안에 취약한 지점이 생기지 않도록 국제규범을 정립해 나가야 한다. 해외로부터의 해킹 문제를 국가주권평등원칙, 국내문제불간섭원칙과 같은 일반국제법상의 원칙으로만 처리하는 데에는 한계가 있다. 우리 정부는 지역무역협정의 지식재산권에 관한 장을 개정하여 영업비밀보호에 관한 규정을 추가로 신설하는 방안을 고려해 볼 수 있다.

Legal geographies of medication abortion in the USA

AbstractMedication abortion with pills (mifepristone and misoprostol) challenges the spatiality of abortion provision because it creates the possibility for safe, self‐managed abortion outside of clinical infrastructure. This possibility has been contested by pro‐ and anti‐abortion actors for as long as medication abortion has been in existence. In this paper, I offer a legal geography account of medication abortion technology that examines how medication abortion has been regulated in the United States. Conceptually, the paper uses a legal geography methodology to probe the social spatialities that abortion laws construct. Empirically, the paper analyses trends in legislation to restrict medication abortion and two significant court challenges where abortion providers brought suit against medication abortion restrictions. Drawing on legislation and litigation over mifepristone, I demonstrate that restrictions on it function by anchoring mifepristone inside the clinical spaces and regulatory frameworks established for surgical abortion. In this way, mifepristone regulations circumscribe its availability in order to prevent the creation of alternative models for abortion provision that could re‐arrange its geography and expand abortion access.

RUSSIA'S 2020 CONSTITUTIONAL AMENDMENTS: A COMPARATIVE ANALYSIS

AbstractThis article will place the 2020 amendments to the Russian Constitution in comparative perspective. Although these amendments were officially justified as strengthening the Russian state in order to tackle emerging new problems, they constitutionalise already-existing legislative trends from the last twenty years. They therefore do little to overcome existing problems of Russian state building. What was the reform process about then? It was intended to project the image of reform by involving the people in a staged process of constitutional change while further entrenching the power of the current political elite. The constitutional reforms therefore demonstrate the symbolic role that constitutional law can play in seeking to ensure the survival of mature or later-stage forms of authoritarian populism. This kind of ‘theatrical constitution-making’ is a broader reminder of how the expressive aspects of constitutional change can be (ab)used by established authoritarian regimes.

O potrzebie przywrócenia właściwego statusu Radzie do spraw Bezpieczeństwa Jądrowego i Ochrony Radiologicznej

The article covers the issue of the functioning of one of the advisory bodies of central governmental administration, i.e. the Council for Nuclear Safety and Radiation Protection Affairs, which is associated with the President of the National Atomism Agency (PAA), the chief nuclear supervision body in Poland, which is the competent authority in nuclear safety and radiation protection affairs, as defined in the Atomic Law (Prawo atomowe). The article presents the objectives of the functioning of the Council as an advisory body to the nuclear supervision authority on the basis of international and European law and the views of the nuclear energy law doctrine. In relation to the Council, an important role is played by soft law acts, especially the so-called IAEA safety standards. Despite the fact that they are not legally binding, they constitute a valuable and extensive collection of recommendations supporting regional and national legislative activity. The purpose of this study is also a critical analysis of the amendment to the Atomic Law from 2016 in the section relating to changes made to the way of shaping the Council’s make-up. They caused the loss of one of the Council’s most important attributes, i.e. independence in the decision-making process and they deprived the President of the PAA (decision-making body) of influence on shaping its make-up. The changes introduced should be interpreted as an unequivocal negation of the ratio legis of appointing the Council and a significant step backwards in relation to the existing practice and legislative trends in recent years. The author postulates restoring the previous legal solutions as the ones that will allow the Council, the advisory body, to fulfil its function in the right way, really supporting the decision-making authority for which it works.

1.4 UNDERSTANDING SYSTEMIC RACISM AND RACIAL INEQUITY JUVENILE JUSTICE SYSTEM INVOLVEMENT

Black, Latinx, and Native American (BLNA) youth are disproportionately overrepresented and have been for several decades. Barriers to free and appropriate educational resources and community-based mental health and substance use disorder treatment are among the drivers that potentiate disproportionate contact and confinement. This presentation includes a review of literature on juvenile justice and racial disproportionality, with particular focus on relevant legislative trends to address this problem and risk factors for justice involvement that are amplified by systemic racism. Application of the Sequential Intercept Model, which was developed to describe 5 points of justice interception, will be explored to see how this trajectory of juvenile justice contact maps onto the Juvenile Justice Behavioral Health Services Cascade, a framework for measuring gaps between treatment need and receipt. Findings from research conducted by the presenter and colleagues investigating promising practices that apply antiracist praxis in working with justice-involved youth will be presented. BLNA youth are more likely than White youth to have contact with the juvenile justice system and are also less likely to receive treatment for substance use and mental health disorders, which has implications for initial justice contact as well as sustained entrenchment in this system. Numerous studies highlight the long-term adverse health effects of incarceration on justice-involved youth. There are negative effects of justice systems having contact on youth and family well-being. Legislative policies that target race inequity have promise in reducing racial disparities. Given the disruption that justice contact at any stage poses to the healthy psychosocial development of youth, child and adolescent psychiatrists should be at the forefront of advocacy efforts that apply structural competency, antiracist, and trauma-informed frameworks for justice-involved populations. These include primary prevention, school-based and integrated substance use and mental health services, as well as community-based partnership approaches with justice-involved youth, their families, and organizations that serve them to identify and operationalize best practices for engagement.

Impact of Provocation Doctrine in the Crimes of Honor between Retention and Annulment: A Comparative Study of Arab Criminal Legislation

In this research, as a comparative study, we dealt with the excuse of provocation related to the issue of femicide against the background of so-called honor crimes, and the extent to which the perpetrator benefited from the valid or mitigating excuse. After identifying the meaning of “honor crimes,” we monitored the conditions for applying this excuse, the scope of its personal and objective application, and the punishment in Arab positive laws. We have also treated the recent legislative trends represented in the abolition of this excuse in some Arab laws and stated that it is an important step toward fairness for women, but it is not sufficient and requires other steps, so there is no limit to the adoption of a clear legislative plan with goals aimed at reaching radical remedies and decisive solutions that do not accept cutting or acting with ill-considered reactions, and in line with the provisions of Islamic law and relevant international agreements.

The Future of International Corporate Human Rights Litigation: A Transatlantic Comparison

Imposing legal liability on corporations for their involvement in human rights violations remains problematic. In the United States, civil liability in such circumstances developed in a series of Alien Tort Statute cases. This evolution came to an abrupt end with the cases of Kiobel v. Royal Dutch Petroleum and Jesner v. Arab Bank. As corporate human rights litigation declined in the United States, courts in Europe were presented with their first civil cases, and plaintiffs had some successes. Legal remedies for corporate human rights violations also made it onto the agenda of policy makers at the European Union and national European governments with laws requiring companies to conduct human rights due diligence throughout their operations. Against this background, this article investigates the current state and potential future development of corporate human rights litigation in the United States and Europe. It seeks to answer the following questions: Is the United States losing its prominent place as a preferred forum for human rights litigation against corporate defendants, as recent Supreme Court decisions suggest? What made the U.S. courts attractive in the first place? Is Europe taking over this role, and if so, should the United States be concerned about these developments? Are recent doctrinal and legislative trends in Europe transferable to the U.S. legal system and suitable to fill the gaps left by Kiobel and Jesner? Finally, what do these shifts on both sides of the Atlantic mean for victims of human rights violations and their prospects of effectively pursuing their rights?

Nature of Data Assets and Their Protection and Exemption Measures for Analysis

This study has realized the essential purpose of data assets, which is the creation of utility through the promotion of the industrial and social use of data. Furthermore, this work compared and analyzed international discussions and the legislative trends in major countries regarding the conflicting concepts of “data protection (ownership)” and “immunity for data analysis,” which are the most controversial issues, to present appropriate alternatives. Unlike previous studies that mainly addressed various theoretical discussions centering around data ownership, this study will help data leaders and latecomers in that it provides legislative guidelines for data protection and immunity for analysis. This study proposes the necessity of and measures for “appropriate legal protection” regarding data, and as an alternative, to maintain “data protection based on the doctrine of unfair competition.” Japan has already prepared such enactments, while South Korea has also been preparing a legal framework for the appropriate protection of data and development of the data industry. Meanwhile, this study considered the interests of copyright holders, and simultaneously, the practical difficulty in obtaining the consent of all copyright holders for works such as sounds, videos, and images used for big data analysis.

A közszolgálati életpályák szabályozásának jogalkotói megközelítése

A tanulmány a közszolgálati jogalkotás utóbbi években tapasztalható „extrém” ütemét tekinti át, elsősorban a közszolgálati életpálya fogalmának jogalkotói értelmezésén, azaz az előmeneteli és illetményrendszerek szabályozásán keresztül. Kiindulópontja, hogy a közszolgálati törvények mögött meghúzódó jogpolitikai célok a közszolgálati életpálya fogalmát gyakran leegyszerűsítő módon értelmezik, és egy-egy új életpálya bevezetését elsősorban valamilyen bérpolitikai intézkedés eszközének tekintik. Az életpálya fogalmát először tudományos szempontból vizsgálja meg, majd áttér ennek jogalkotói megközelítésére. A tanulmányban foglalkozik a díjazási rendszerekre jellemző nemzetközi személyzetpolitikai tendenciákkal, végül összehasonlítja a „civil” magyar közszolgálat előmeneteli és illetményrendszereit. A vizsgált kutatási kérdések a következőkben összegezhetők: vajon melyik alkalmazott rendszermegoldás illeszkedik „jobban” a közszolgálati jogalkotás nemzetközi trendjeihez? Milyen jogi és személyzetpolitikai megoldásokat alkalmaz egyik vagy másik szabályozási irányvonal? Végül, a differenciálódás hozzájárulhat-e a közszolgálati életpályák modernizálásához? Egyáltalán, beszélhetünk-e ebben az esetben „kijegecesedett” megoldási útvonalakról, vagy egyelőre sokkal inkább valamiféle „posztbürokratikus” útkeresés szemtanúi vagyunk?

Local Political Power and Social Protection Policies for Elderly People in the Portuguese Context - An Exploratory Study

Since the Carnation Revolution in April of 1974, and the consequent approval of the Portuguese Republic Constitution (1976), the country’s legislative trend has been geared towards the expansion of local government power, in Portugal. This issue has acquired new relevance recently, with the new reconfiguration of the political decentralization process, through Law No. 50/2018, of 16th August. This is a gradual process, still ongoing, and delayed by the current pandemic situation. Local authorities play a decisive role in the country's development, both in the present and in the past. Initially focused on creating essential and basic infrastructures for the people, now includes other concerns, such as social protection. The definition and implementation of social policies, targeted to different populations, has become an essential axis of action, in a country marked by territorial disparities and an aging population. This study aims to understand the role of local administration in the characterization of social policies targeted at senior populations. The present work is a study of qualitative and explorative nature. Using documentary research and content analysis, we identified and characterized the measures aimed at the senior population implemented by two municipalities (Gouveia and Ourém). The analysis of the results allows us to conclude that the municipalities implemented measures that target the elderly population directly. Seniors also benefit from other measures, applicable to other age groups. It is important that the discussion focuses on these measures and the achievement of their goals. Measures to protect the elderly population are urgent, especially in a southern European country like Portugal, that has an ageing population, with a considerable increase in people aged 65 and over.

A study on the legislative trend of cybersecurity legislation - Focusing on changes in legislation according to the amended 「NATIONAL INTELLIGENCE SERVICE KOREA ACT」 -

Since the late 2000s, as the importance of political, social, and cultural activities in cyberspace has been emphasized, interest in cyberspace safety and security has expanded. Therefore, in order to take systematic and prompt action in case of an accident while preparing measures against the threat, the role of intelligence agency is important. Cyberattacks taking place in cyberspace are technical and information security issues that need to be addressed at the individual or organizational level, and it is a problem that requires an immediate and comprehensive response at the national level, and the need for international cooperation is growing. Korea, a divided country, has a strong dependence on ICT and a high vulnerability to cyber safety, but it is criticized that the legal system in the field of cyber security to prepare for this is still insufficient. In this situation, it was pointed out that it is difficult to respond systematically and efficiently in the event of a cybersecurity crisis, and the legal basis for performing the mission is insufficient. Various types of cyber security related bills have been submitted according to the need to enact the Cyber Security Act, but they have not been enacted due to opposition from the opposition parties and civil society for privacy violations. While sympathizing with the importance of cybersecurity and the need for related laws, the lack of trust in the National Intelligence Service, which will obtain authority through the law, is acting as a stumbling block to the establishment of the legal system. It should be remembered that there cannot be a distinction between the public and private sectors in national security and that protection of all constitutional institutions, including the executive branch as well as the legislative and judicial branches, is important. Currently, there is no cybersecurity-related law that regulates both the public and private sectors and encompasses all other constitutional institutions such as the judiciary and legislative branch. In the meantime, the recent revision of「NATIONAL INTELLIGENCE SERVICE KOREA ACT」as an opportunity to clearly stipulate the cyber security mission of the National Intelligence Service and to enact the first presidential decree-related cyber security-related norms is an encouraging change. Therefore, this paper analyzes the recently reorganized Legislative Trends and Future Tasks for Cybersecurity Legislation- Focusing on changes in legislation according to the amended「National Intelligence Service Act」, 「Cyber Security Work Regulations」 and「Cyber Security Act Bill」 from the perspective of establishing an effective response system for cyber security, and analyzes the problems of current regulations and future cyber security A legal task was proposed to strengthen the legal system.

Новели законодавства про сільськогосподарську кооперацію

The article is provided a scientific and theoretical analysis of trends in Ukrainian legislation in the field of agricultural cooperation. The author notes that in the Law of Ukraine of July 21, 2020 «On Agricultural Cooperation» (new Law) on the one hand, describes in detail the basics of functioning of these entities, but, on the other – its content almost completely eliminates the basic principles of agricultural cooperation established by domestic law and also contradicts the principles of the cooperative movement. There is a general negative trend in the development of legislation on agricultural cooperation. It is already traced in the Law of Ukraine of November 20, 2012 «On Amendments to the Law of Ukraine «On Agricultural Cooperation», that is characterized by «truncated form» (out of 38 articles, only 16 remained), significant number of reference provisions, establishing advantages for the development of agricultural service cooperation. With the adoption of the new Law, this negative trend has deepened and is in the artificial separation of agricultural cooperation from the cooperative system and the gradual loss of its social orientation. This approach is unacceptable and will negatively affect the further development not only of agricultural cooperation as a socio-legal phenomenon, but also of agricultural production and the social sphere of the countryside. Keywords: principles of agricultural cooperation, agricultural cooperative, agricultural service cooperative, agricultural industrial cooperative, agricultural cooperative which operates without profit, agricultural cooperative which operates for profit

China's self-driving car legislation study

The ongoing developments of artificial intelligence have made the self-driving car industry enter the phase of extensive road testing in recent years. However, in China, research on self-driving car legislation is basically nonexistent. This paper focuses on comprehensively analyzing the self-driving car legislation and testing process based on the latest provisions in both China and the United States and conducts a comparative study. This study gives a detailed analysis of legislation trends in the legal field and provides practical suggestions for promoting the self-driving car industry in China as well as for that in other countries.

Language- And Legal Culture Peculiarities in Selected Swiss Constitutional Acts Including a Translational Perspective

Abstract The subject of the analysis is linguaculture expressing linguistic and cultural differences occurring in every language of law. They relate to vocabulary and editing principles of law acts. It seems that preserving such differences in the target translation makes it possible to reveal specific legislation trends of a given country, which express political motivation. Their preservation in the translated text requires good knowledge of law and in-depth comparative analysis. The focus of the analysis in this text is on the expression of gender in the law texts and specifically, on the translation of feminatives and legal names relevant for cultural dimension of a given law system.

Features of the Legal Regulation of the Institute of Rehabilitation in the Criminal Procedure Code of the CIS Countries

The article analyzes the features of the criminal procedure regulation in the countries of the near abroad of relations arising during the rehabilitation of the accused (suspect). The similarity (coincidence) and originality of the norms of the Criminal Procedure Code of the neighboring countries in the regulation of the grounds and consequences of rehabilitation is shown. Special attention is paid to the procedure of compensation for damage caused to the rehabilitated person by illegal actions of the court of the bodies that carried out criminal proceedings. The article reveals the specifics of the approaches of legislators from different countries of the near abroad to the regulation of the procedure for compensation for moral damage. In the final part of the article, it is argued and formulated the conclusion that special, detailed regulation in separate sections (chapters) of the Criminal Procedure Code for the issues of compensation for harm to rehabilitated persons is one of the main trends in the modern criminal procedure legislation of the CIS countries.