Violation Of Public Order Research Articles

International Law Foundations and Conditions for the Formation of the Russian System of Administrative and Legal Support for Aviation Security

The Russian state system for ensuring aviation security is based on legislation that defines the goals, objectives, principles and a legal status of participants in transport legal relations. The purpose of the study was to determine the international legal foundations and conditions that contribute to the development of Russian legislation in the field of transport security, to study international experience in the fight against terrorism in transport and the main provisions of convention decisions that establish mandatory requirements for participating countries. The paper presents the results of the analysis of international, Russian legislation and the opinions of scientists, practitioners regarding the formation of a sustainable Russian system of transport security, its integration into the international security system. It describes various convention interpretations of the concepts of «aircraft in flight», «illegal acts on board an aircraft», various approaches to determining the jurisdiction of states. Proposals have been made to supplement Art. 20.1 «Petty hooliganism» of the Code of Administrative Offenses of the Russian Federation with the part providing for liability for petty hooliganism committed on board: «Petty hooliganism, that is, a violation of public order that threatens or may threaten the safety of the aircraft.»

The legal and organizational basis of ensuring safety of sports activities in Hungary

Manifestations of hooliganism, vandalism, extremism, and even terrorist acts during sports events are not a new phenomenon in Europe. The safety of sporting events is one of the priorities of any modern state. Moreover, the government is entrusted both with legislative and organizational tasks. Two reasons can be identified, why it is necessary to protect sporting events against violations of public order and attacks on public safety. On the one hand, even when law enforcement agencies professionally use all the legislative instruments at their disposal, an unlawful encroachment may be committed, which may threaten the holding of a sporting event, the safety of the person and property both of athletes and of spectators. On the other hand, the failure to criminalize these actions means that law enforcement agencies are not endowed with sufficient powers to take appropriate measures in such situations. Depending on the violation of public safety or public order, criminal, administrative or disciplinary laws will apply. The difference in the need to apply a law or regulation, as well as to impose sanctions and prohibitions on offenders, can be seen only in the level of protection corresponding to the danger of violations. The safety of sporting events is historically believed to be the primary task of law enforcement agencies, however, the responsibility of sports federations and clubs in ensuring safety in time, before and after the competition should not be overlooked.

Legal aspects of law enforcement operative-investigative activity in special conditions in Kazakhstan

The relevance of the study is explained by the need for timely identification of signs of illegal activity and prevention of it, which is an indicator of the effectiveness of the work of law enforcement agencies. The aim of this article is to investigate the problematic issues of the current legislation of Kazakhstan, which regulates the scope of law enforcement operative-investigative activity in relation to special conditions arising from mass violations of public order. The methodology of the research is based on the application of the following scientific methods: the structural-systematic, analytical, comparative and the method of transition from a general concept to a particular one. The results of study indicate that it is necessary to expand the capabilities of the law enforcement bodies of Kazakhstan in the implementation of operative-investigative activity according to special procedure that allows solving such issues.

The Establishment of the Monopoly of the Communist Party on State Power in the 1920s

The article deals with the issues of the work of the Bolshevik Party using the example of the party organizations of the Lower Volga region to influence the public consciousness of the population for political purposes. Various forms and methods of agitation and propaganda work of the Bolsheviks with the population are revealed. The interrelation of attracting ordinary communists as professionals to conduct propaganda work and the creation of appropriate preferential conditions for them, the specifics of bringing to justice communists who held party positions for violations of public order are shown. Special attention is paid to the expansion of the functions of ideological workers associated with the organization of youth unions, control of executive power, solving industrial issues, etc. Privileges to communists that contributed to the improvement of their financial situation, but not provided for by state laws, are highlighted. The article describes the work of the secretaries of the regional party committees to identify the activity of workers in the political and economic life of the country, their moods in order to replenish and strengthen the newly formed state body.

Advanced Elements of Public Order in the Context of Administrative Law

Public order is defined as the vital interests of the state that affect its entity and without which it affects the functioning of the state. Therefore, public order is the foundation upon which the group is based, whether these foundations are political, economic, social, or moral. The characteristic of ambiguity covers the character of the idea of public order, and this ambiguity makes it difficult for individuals to abide by the limits of public order. The matter may also escape from the control of administrative control without knowing which of these elements are considered among the components of public order. It may lead to the administration’s abuse of its authority by placing restrictions on the freedom of individuals on the pretext of their violation of public order. The ambiguity may be deliberate in part for the authority to use it as a weapon in his hand when authority sees that it does not fit his own interests. Believing that one of the ways to solve and demystify the ambiguity surrounding the public order is to enumerate the elements of the public order, and the problem is not in the traditional aspects because they are obscured. In contrast, the ambiguity remains about the modern aspects of the public order. Therefore, jurisprudence and the judiciary have put forward modern elements of public order in its material part, including the public economic order, the beauty of elegance and arrogance, and the environmental public order, and its moral aspect that embraces public morals and the protection of human dignity and religious public order.

HUMAN RIGHTS ABOVE ALL? – THOUGHTS ON NECESSARY RESTRICTIONS CONCERNING THE FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

The freedom of thought, conscience and religion is one of the most essential human rights promulgated in the Declaration of the Rights of Man and of the Citizen during the French Revolution. However, a freedom without any limit can also hold unthinkable dangers to the society. That is the reason why the modern international human right documents and the constitutions of the countries acknowledge the possibility of restriction. Concerning this fundamental right, we are able to distinguish several elements, but only one of them – the freedom to believe – shall be unristricted. In particular cases, the practice of one’s religion can lead to the violation of public order or other fundamental rights. There are minority religions which do not respect the order of law and tend to commit certain delicts. Against these movements, the tools of penal law shall be applicable.

Pertanggungjawaban Pidana Terhadap Pelaku yang Melakukan Perbuatan Menyuruh Anak sebagai Pengemis

Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

Peran Korps Brimob Polri Dalam Penanggulangan Pelanggaran Hukum oleh Geng Motor di Mako Brimob Polda Sumatera Utara

This paper aims to examine the rule of law regarding law violations by motorcycle gangs, to examine the role of the Brimob Police Corps and the obstacles faced in overcoming law violations by motorcycle gangs. The problem is focused on how the law rules regarding law violations by motorcycle gangs, what is the role of the Brimob Police Corps and the obstacles faced in overcoming law violations by motorcycle gangs. To approach this problem, Soerjono Soekanto's role theory is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the criminal act of violating the law by motorcycle gangs is contrary to Article 170 regarding crimes against public order, Article 351, Article 352, Article 368 regarding persecution and Article 510 and Article 511 regarding violations of public order in the Criminal Code, contrary to Article 106 and Article 115 in the Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation. The role of the Brimob Police Corps in overcoming violations of the law by motorcycle gangs can be seen by using Soerjono Soekanto's theory based on aspects of role as a norm, role as an individual/norm, and role in the social structure of society. The constraint factors faced by Brimob are that the perpetrators of violations are minors, the lack of parental supervision of their children and the actions of motorcycle gangs usually involve a large number of people.

Administrative and Prejudicial Grounds for Extending the Probation Period or Revoking the Suspended Sentence

The article deals with the issues arising from the extension of the probation period or the abolition of probation in the Commission of convicted violations of public order. The concept of administrative prejudice is analyzed. The position that besides violations of public order to include as the basis of extension of probation period or cancellation of conditional condemnation Commission by the person of violations in the field of traffic is proved. In particular, it was revealed the need to check the court when considering the submission of the criminal-Executive inspection whether the decision was made in the framework of administrative proceedings, whether the administrative punishment is lawful.

Проблемы административно-правового регулирования деятельности полиции на месте преступления и административного правонарушения

The article is devoted to separate problems of legislative regulation of public order protection and public safety, combating crime, implemented by police officers. The main result of the study reflected in the article is the development of proposals to the current legislation regulating the activities of police officers to suppress and document violations of public order, as well as actions at the crime scene. The targeted changes to the current administrative legislation proposed under this article seem to improve the quality of police administrative activities at the scene of the incident when signs of administrative offences and offences are identified.

ПРОБЛЕМНІ ПИТАННЯ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ПОРУШЕННЯ ПОРЯДКУ ОРГАНІЗАЦІЇ І ПРОВЕДЕННЯ ЗБОРІВ, МІТИНГІВ, ВУЛИЧНИХ ПОХОДІВ І ДЕМОНСТРАЦІЙ

Today, the population of Ukraine is increasingly defending their rights through mass events. However, such «street democracy» testifies not only to the high consciousness of society, which realizes its own, guaranteed by the Constitution of Ukraine, the right to peaceful assembly. Negative manifestations of such mass events are destabilization of public authorities and institutions, violation of public order and security, leveling of democratic values and so on. In this aspect, the state mechanism for counteracting «abuse of rights», which is manifested in measures of administrative coercion against persons who violate the organization and holding of meetings, rallies, street marches and demonstrations, needs to function effectively. The aim of the article is to reveal the problematic issues of administrative liability for violation of the organization and conduct of meetings, rallies, street marches and demonstrations, as provided by Article 185-1 of the Code of Administrative Offenses. Achieving this goal will contribute to the integrated use of methods and techniques of scientific knowledge based on dialectical and inductive methods. Scientific novelty. The article considers and specifies the main problematic issues related to the application of the provisions of Article 185-1 of the Code of Administrative Offenses in cases of violating the organization and holding of meetings, rallies, street marches and demonstrations. In conclusion, the article emphasizes that the problem of exercising the right to peaceful assembly is becoming more acute, and therefore it is necessary to take a comprehensive approach to its solution. An important and necessary condition here is the solution of problematic issues of administrative liability for violation of the organization and conduct of meetings, rallies, street marches and demonstrations, which should take place at the legislative level. Of course, the simplest option is to repeal the provisions of Article 185-1 of the Code of Administrative Offenses. The procedure for holding peaceful assemblies needs to be adopted, although this scenario is much more difficult to implement and enforce.

ІНДИВІДУАЛЬНО-ПРОФІЛАКТИЧНІ ЗАХОДИ ЩОДО ЗАПОБІГАННЯ ХУЛІГАНСТВУ

The article examines individual preventive measures to prevent hooliganism. Under the individual prevention of hooliganism, it was proposed to understand a complex of criminal and psychological measures and means aimed at the timely identification, prevention and correction of a person's personal qualities (value orientations, motives, etc.), which distort in her mind, prohibitions on violation of public order and morality are established and cause the desire to do hooligan actions with the aim of self-realization and demonstration of antisocial behavior. Most of the individual-prophylactic means of preventing hooliganism is to establish and correct personality traits that push it to demonstrate its aggression and insolence. The following stages of preventing hooliganism at the individual level are proposed: 1) identification of persons inclined to commit hooliganism (having certain dependencies, were brought to administrative / criminal liability for hooliganism, etc.); 2) establishing the features of the mechanism of criminal-illegal behavior (determination complex); 3) study of the personality of a criminal offender, his civic position and role in society (microsocial ties); 4) planning of measures taking into account the individual determination complex of the offender; 5) implementation of individual prophylactic means; 6) fixation of the achieved results and temporary control in order to timely prevent relapse. It is noted that the problem of preventing hooliganism is that it is often difficult to predict such actions, since sometimes even the offender himself cannot be responsible for his reactions to objective pathogens. It is believed that negative personality traits (their list are not exhaustive), both individually and in combination with others can form an unlawful aspiration of a person to commit a criminal offense. That is why the importance of timely identification of persons potentially capable of antisocial behavior is emphasized.

The “concentration of public elements” theory and the arbitrability of disputes in Russia

This article is devoted to the analysis of the theory of concentration of public elements. The author explains the causes of this theory and its influence on the arbitrability of disputes in Russia. The causes of this jurisdictional theory are illustrated in the development of substantive law. The work emphasizes that the two sectors of civil turnover regulation, which have developed in Russia, largely affect the formation of dispute resolution mechanisms. This also applies to the issue of determining the range of disputes that the arbitral tribunal is entitled to accept for its consideration. The author stresses that there are no norms in the legislation on which the theory of concentration of public elements is based. It is generated exclusively by judicial decisions, which are not always consistent. This is evidenced by the fact that, despite the precedent nature of one of the decisions of the Supreme Court of the Russian Federation on the arbitrability of procurement disputes for the needs of certain types of legal entities, lower cassation courts refuse to recognize the arbitrability of this category of disputes. At the same time, they refer to the violation of public order when considering procurement disputes by arbitration courts. This is seen as some manipulation in which a conservative approach to the activities of arbitration courts is provided by the arbitrary involvement of various doctrines that have no basis in the law. The author predicts the negative consequences of the development of this doctrine, which will take place in the form of limiting the arbitrability of disputes considered by commercial arbitrations and in relation to other categories of cases in which a public element will be manifested to a greater or lesser extent.

Preparatory stage of interrogation in the investigation of a group violation of public order

The article deals with some aspects of the investigation of a group violation of public order. Or-ganizational and preparatory measures for the interrogation have been considered for a faster and more effective investigation. The author has noted that the interrogation is a very typical procedural action in the investigation of crimes against public order. It has been determined that the most common organizational and preparatory measures for inter-rogation in the investigation of the investigated category of offenses are as follows: determination of the subject of interrogation and the current investigative situation; determination of the circle of persons subject to interrogation; determining the place, the time and the sequence of interrogations.

Organizational and tactical support for the interrogation of a suspect in the investigation of a group violation of public order

The article deals with covering some aspects of the investigation of a group violation of public order. Organizational and tactical measures for interrogation of the suspect are considered for faster and more effective investigation. The author has noted that the group violation of public order is characterized by a large number of its participants. Therefore, the interrogation is a very typical investigative (search) action in its investigation. In addition, the effective conduct of interrogation makes it possible to further qualify the act in accordance with the Criminal Code of Ukraine. Because along with the specified structure of a criminal offense mass riots and group hooliganism are constantly committed. The author supports the position that the interrogation is a regulated by criminal procedure information and psychological process of communication of persons involved in it, aimed at obtaining information about the facts known to the interrogated that are important for establishing the truth in criminal proceedings. It has been determined that interrogation is the most common way to obtain evidence in the investigation of a group violation of public order. Of course, a necessary precondition for interrogation is preparation for it. It covers a number of specific activities: study of the materials of the proceedings; acquaintance with the data on the identity of the interrogated; if necessary - drawing up an interrogation plan. The greatest difficulty in investigating cases of this category is the organization of interrogations in the context of the need to gather information about the event, which was witnessed by a large number of people, many of whom could be participants. Based on the analysis of the survey of police investigators, the author has identified the main tactics of interrogation in the investigation of group violations of public order, in particular: establishing psychological contact with the interrogated (100%); teaching testimony in the form of a free story (88%); asking questions (92%); application of scientific and technical means (65%); presentation of evidence (49%); creating an idea of the investigator's awareness (47%).

Influence of negative labor factors on the occurrence and development of professional burnout among anesthesiologists-resuscitators

Relevance. Professional activity of specialists in many industries in modern society takes place in difficult conditions. Anesthesiologists-resuscitators are subject to significant adverse effects of physical, chemical, biological, psychophysiological and psychological nature. Therefore, the risks of stress, as well as professional burnout and mental maladjustment increase, leading to decreased effectiveness and quality of professional activities, to adverse changes in personality, deterioration of health, relationships with colleagues, patients, relatives.Intention. To identify the impact of negative labor factors on the occurrence and development of professional burnout among anesthesiologists-resuscitators.Methodology. 95 anesthesiologists-resuscitators from the Arkhangelsk region took part in the study. Research methods: questionnaires, psychological testing, mathematical and statistical processing of empirical data.Results and Discussion. 65.3 % of anesthesiologists-resuscitators demonstrated psychological components of professional burnout syndrome, namely emotional exhaustion, increased fatigue, dissatisfaction with their professional activities and their results, as well as emerging health problems and general maladjustment. 76.6 % of the surveyed consider their professional activity as extreme. According to anesthesiologists-resuscitators, the most frequent negative factors of the labor process are psychophysiological and psychological ones (high responsibility, unexpectedness, lack of time, suffering and grief of other people, high loads). Anesthesiologists-resuscitators with most frequent occurrence and negative impact of psychophysiological and psychological factors, in comparison with other factors, have higher rates of organizational stress, psychological determinants of professional burnout and maladaptation disorders. Anesthesiologists-resuscitators with most frequent occurrence and negative impact of physical, chemical and biological factors, in comparison with psychophysiological and psychological ones, have less intensive professional burnout and organizational stress. They benefit from better communication skills, behavioral regulation and normative social behavior.Conclusion. The pronounced relationships between the psychological determinants of professional burnout (emotional exhaustion, work stress, health disorders and general maladjustment) and the psychophysiological and psychological factors of the labor process of anesthesiologists-resuscitators show the constructive and diagnostic validity of the study. Most correlations were found with such factors of professional activity, as novelty and strangeness, lack of time, unexpectedness of complex professional situations, ambiguity, uncertainty of these situations, observed and perceived violation of public order, which led to severe injuries in victims, the great significance of events and understanding of personal involvement.

Typical investigatory situations in investigation of group violations of public order

The scientific article is devoted to covering some aspects of the investigation of a group violation of public order. The essence and system of typical investigative situations of the specified actions for their faster and more effective investigation are considered. It is noted that the activities of law enforcement officers should have a specific structure, which will vary depending on the specific circumstances that occur in the investigation of certain criminal offenses. That is, the algorithmization of the criminal proceedings for a particular category of offenses should be the main task of forensic scientists. At the same time, it is necessary to understand that it is impossible to build an algorithm of actions without identifying certain situations that may arise during the investigation. Criminal proceedings for group violations of public order are no exception. These acts violate public order and are quite difficult to distinguish from the accompanying acts: riots and hooliganism. And it is thanks to the correct course of action of police officers at the initial stage of the investigation that the greatest possible amount of evidence will be gathered. The author supports the position of scholars who formulate a typical investigative situation as a set of conditions that are objectively formed in the investigation of criminal offenses, create a unique situation at a given time, which poses the investigator the problem of choosing the appropriate course of action and tactical decisions. After analyzing the above situations and factors influencing their formation, as well as materials of criminal proceedings, the author formulated the following typical investigative situations in the investigation of a group violation of public order: persons who committed a group violation were detained at the scene, the victim witnesses, eyewitnesses and available material traces of a criminal act; persons who have committed a group violation of public order, disappeared from the scene and are known only by appearance, available witnesses and material traces of a criminal act; traces of illegal actions were found, the offenders are unknown, witnesses were found at the scene.

Administrative responsibility for the violation of public order and safety rules movement on railway transport

Questions regarding qualification of administrative offences established under Art. 109 of the Code of Ukraine on Administrative Offences. Their implication in the service sector of JSC «Ukrainian railways» is illustrated. Identified gaps in the legal regulation of administrative responsibility and rules of citizens’ behaviour on railway transport. Over the past five years almost 20,000 offenses under Art. 109 of Code of Ukraine on Administrative Offenses were commited. Their legal analysis is necessary for the correct application of the law provisions that establish administrative responsibility and govern the relations that represent the object of these offenses. As a result of analysis of the bodies of administrative offences under the Art.109 of Code of Ukraine on Administrative Offenses the deficiencies of legal regulation under administrative law of relations of responsibility and relations that constitute the objects of these offenses were identified. In Part 3 of Article 109, two offenses are represented, that differ by both — the object and the objective side. Use of different categories for the formulation of rules that affect the characteristics of both — objective and subjective sides of the offense under Part 6 of Article 109 of Code of Ukraine on Administrative Offenses, namely: «to place objects on rails», «to leave objects on the raiway tracks», «to put objects on railway tracks» complicates the qualification of this offence. Key words: Administrative offences, the Ukrainian railway, the legal relations, the object, the objective side, the subject, the subjective side of the administrative offense, the placing objects on the railroad tracks.

The protection of the urban landscape during the revolution of 1917: problems and ways to solve them (based on the example of Samara)

The paper examines the conditions existed during the revolutionary crisis, which affected the urban environment, including the violation of public order, discomfort for citizens, a threat to health, life and property. Changes have been identified in the possibilities of free movement of city residents and their use of landscape resources in urban space. The description of the work of garden and park complexes in the conditions of the transitional political process is given. Transformations in the leisure and entertainment landscape of the urban territory that arose in the conditions of the revolutionary period were analyzed: a change in the range of services and opportunities in the work of the citys garden and park ensemble. The author has identified ways to eliminate the problems, ensure the safety of life and preserve a comfortable environment in the city. The manifestation in a specific urban environment of the all-Russian trend of the crisis in the work of government structures to establish order is correlated with the protection of the garden and park zone. The author has also identified the reasons of regional scale, which influenced the work of local management structures, which turned out to be ineffective in resolving this situation, as well as the activities of specific responsible people in countering the destruction of urban space. The study was carried out on the basis of materials about the provincial Volga city Samara. The source base is office documentation as part of the city government fund.

The Study on the Regulation for Global Cloud Services

코로나 바이러스가 글로벌 경제와 사회에 많은 변화를 주고 있다. 그 중에 하나는 클라우드 서비스 사용이 더욱 증가하게 되었다는 것이다. 코로나 이후의 사회와 정부는 클라우드 서비스에 더욱 의존적이 되게 되었다. 그런데, 클라우드 서비스를 둘러싸고 글로벌 클라우드 서비스 업체들이 시장지배적인 힘을 이용하여 이를 남용하거나 부주의하여 이용자들에게 손해를 발생시키기도 하며, 국경을 넘어서서 국가와 지방자치단체 등 행정주체와 갈등을 일으키기도 한다. 이제 기본권침해의 주체는 국가 등 행정주체에 국한하지 않고 인간에게 필요불가결한 서비스를 독과점하는 기업에게로 확대되는 현상이 뚜렷해지고 있다. 클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률 이 최근 입법되었음에도 불구하고 아직 규명되지 못하는 것들이 광범위하다. 어떻게 이에 대한 입법적 공백을 성공적으로 메워나가야 할 것인지 쉽지 않은 과제가 남아 있다. 최근의 규제의 국제적 흐름은 ‘고권적 규제’ 뿐만 아니라 ‘자율규제’나 공동규제의 성격을 가진 ‘규제된 자기규제’를 ‘병행’하여 조화롭게 활용하는 것이다. 그러나 이 글에서는 연구의 범위를 고권적 규제로서 글로벌 클라우드 서비스에 대한 실효적 행정조치에 포커스를 맞추어서 연구하였다. 이와 관련하여 글로벌 클라우드 서비스의 의의, 법적인 의무, 그리고 의무를 불이행하였을 때를 대비한 실효적 행정조치 등에 대하여 검토하였다. 따라서 본 연구는 자율규제나 규제된 자기규제 등과 함께 활용하기 위한 전제에 서 있음을 주의하여야 한다. 행정형벌의 수단보다는 경미한 의무위반에 대하여는 과태료를 사용하여야 할 것이다. 그렇지만 이 시장에서는 과태료 역시 개선할 과제가 남아 있다. 질서위반행위법이라는 총론과 클라우드컴퓨팅법 이라는 각론적인 입법체계는 유지하되, 각론적인 성격에 부합하도록 과태료의 구체적이고 개별적인 내용은 다르게 입법하고 적용하여야 한다. 또한 과태료 부과에만 그치는 것이 아니라 비례의 원칙에 벗어나지 않는 범위 내에서 효과적인 다른 수단들을 함께 병과할 수 있도록 하여야 한다고 생각한다. 그러나 그 효과가 실질적인 성공을 거두기 위해서는 과징금을 사용하여 불법수익을 박탈하는 것이 매우 중요하다. 또한 과징금의 금액을 실효적인 수준으로 상향하는 것이 필요하다. 나아가서 글로벌 클라우드 기업에게는 유럽 등지에서 보듯이 과학기술분야의 시장에서 글로벌 기업들에 대하여 이름을 밝히고(Naming), 그 위반사실을 적시하여 부끄러움과 수치심(Shaming)을 안겨 주는 것이 오히려 더욱 성과와 효과를 확보할 수 있다. 따라서 행정법상 공표를 적극적으로 활용하는 것이 필요하다. 정부의 이 시장에 대한 규제가 과소규제나 과대규제가 되지 않고 성과를 거두면서도 헌법적 정당성을 가지기 위해서는 비례의 원칙을 적용하고 준수하는 것이 요구된다.The corona virus is changing the global economy and society. One of them is the increased use of cloud services. Post-Corona society and government have become more dependent on cloud services. By the way around the cloud service, global cloud service companies use market dominant power to abuse or inadvertently cause damage to users, and even cross the border and cause conflicts with administrative bodies such as the state and local governments. Despite the recent legislation of Act on the Development of Cloud Computing and Protection of its Users, there is a wide range of things that have not yet been identified. The challenge remains how to fill the legislative gap successfully. The recent international trend of regulation is not only ‘high-level regulation’ but also ‘Self-Regulation’’ or “Regulated Self-Regulation which has the characteristics of co-regulation. In this paper, however, the scope of the study is reduced, focusing on effective administrative measures for global cloud services as high-level regulations. In this regard, we reviewed the significance, legal obligations, and effective administrative measures in case of failure to comply with global cloud services. Therefore, it should be noted that this study stands on the premise to be used with self-regulation or regulated self-regulation. Administrative Penalties should be used for minor violations rather than Criminal Penalties. However, there is also a challenge in the market for Administrative Penalties. Act on the Regulation of Violations of Public Order and the legislative system of Act on the Development of Cloud Computing and Protection of its Users should be maintained as general-concrete legislation system, but the specific and individual contents of the penalty shall be legislated and applied differently in accordance with the peculiar nature. In addition, I believe that we should not only impose penalties but also combine other effective means without departing from the principle of proportionality. However, in order for the effect to be a real success, it is very important to use new penalties to eliminate illegal profits. It is also necessary to raise the new penalty amount to an effective level. Furthermore, for global cloud companies, as shown in Europe, naming global companies in the science and technology market and giving them shyness and shaming by indicating the violations are more effective. Therefore, it is necessary to actively use public announcements in administrative law. In order for the government s regulation of this market to be constitutional and justify, without under- or over-regulation, it is necessary to apply and comply with the principle of proportionality.