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Law, State and Telecommunications Review
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This is an Open Access Journal

Open Access journal
ISSN (Print) 1984-9729 - ISSN (Online) 1984-8161
Published by Universidade de Brasília

[53 journals]

Legal Regulation of Electronic Money Turnover
- Authors: Kamshat T. Raiymbergenova, Gulnar T. Aigarinova, Saltanat K. Atakhanova, Bakhytzhan Zh. Saparov, Makhabbat K. Nakisheva
  Pages: 1 - 15
  Abstract: [Purpose] To analyse the existing trends in the turnover of electronic money, and their relationship with the conventional cash turnover on the territory of the Eurasian Economic Union (EEU), in particular, in the legal system of the Republic of Kazakhstan (RK). [Methodology/Approach/Design] Deduction, content analysis, comparative analysis, and other general and special research methods were used. [Findings] As a result, the existing problems in the functioning of the type of money considered in this study were analysed. The study includes recommended measures to introduce amendments to legislation aimed at removing barriers to the functioning and circulation of electronic money, which will benefit the economic system of the given state. [Practical Implications] The information presented in this article can be useful material for representatives of public authorities in the implementation of reforms to modernise the economic system, for a wide range of readers interested in the development of digital technologies and their impact on the commercial activities of subjects of the economic life of society.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.43920
  Issue No: Vol. 15, No. 2 (2023)
About Borders, Horses and Gatekeepers
- Authors: Fábio Casotti
  Pages: 16 - 41
  Abstract: [Purpose] To characterize the evolution of the regulatory debate on interoperability and network access in the evolutionary course of the Internet. [Methodology] Based on bibliographical research on the academic publications of cyberlaw and study cases in the United States and Europe, the objectives and the role played by network access regulation are identified. [Findings] From little or no regulatory concern in the early beginning of the Internet, interoperability converts itself into a relevant issue from the identification of the power asymmetries of the network participants, some of them being able even to limit or prevent the free flow of information, then the concept of gatekeeper arises. With the reorientation of the bargaining powers of the Internet supply chain, greater attention has been given to the content and application layer. Despite the challenges inherent to the sustainability of highly prescriptive regulatory designs, guarantees of interoperability are fundamental to the free flow of ideas, data and information, capable of preserving a free, plural and open to innovation Internet.
  PubDate: 2023-09-07
  DOI: 10.26512/lstr.v15i2.45341
  Issue No: Vol. 15, No. 2 (2023)
The Right to be Forgotten as a Special Digital Right
- Authors: Tereziia Popovych, Mariia Blikhar, Svitlana Hretsa, Vasyl Kopcha, Bohdana Shandra
  Pages: 42 - 53
  Abstract: [Purpose] The purpose of this study is to investigate aspects of digital law in Ukraine and other countries of the world in the context of the right to be forgotten. [Methodology/Approach/Design] To achieve the objective, induction, deduction, and comparative analysis were used, both the proximate topics and aspects of the legal framework of different countries together with the legal information provided by online services were considered. [Findings] The study identified the main features of the right to be forgotten in different countries, the impact of the European Union Court of Justice and European Court of Human Rights on it and the little-studied intricacies of the legal aspect of this mechanism. [Practical Implications] This paper can be of interest both as introductory material and as a basis for further study because there is a growing human need to be able to control personal data in the face of the expanding phenomenon of globalization and digitalization.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44692
  Issue No: Vol. 15, No. 2 (2023)
Autonomous Robots and Their Legal Regime in the Context of Recodification
of Civil Legislation of Ukraine
- Authors: Yurii Khodyko
  Pages: 54 - 65
  Abstract: [Purpose] The issues of understanding what a robot is as an object of civil legal relations and the civil law regime that must be applied to ensure effective legal regulation of relations related to the use of robotics require legal solutions. Special attention should be paid to the study of liability for damage caused by robotics to a person or their property. [Methodology/Approach/Design] The main methods on which this work was based are the method of systematization and the method of analysis. The article summed up various basic materials related to robots as objects of civil legal relations, as well as the impact of their existence on the current development of the world. [Findings] Considering the purpose of robotics in the modern world, it is proposed to carry out legal regulation of robotics relations using an approach of the extension of civil law regulation applied to things. This does not exclude the introduction of special rules that will apply exclusively to robots as objects.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44893
  Issue No: Vol. 15, No. 2 (2023)
The Concept of Artificial Intelligence in Justice
- Authors: Oleksandra Karmaza, Sergii Koroied, Vitalii Makhinchuk, Valentyna Strilko, Solomiia Iosypenko
  Pages: 66 - 80
  Abstract: [Purpose] The aim of the article is to cover the main definitions of the concept of artificial intelligence, its origins, characteristics, grounds for application, as well as direct interaction and influence on the implementation of the main tasks of justice through the use and development of artificial intelligence in the judicial procedure. [Methodology/Approach/Design] To solve the tasks set, the study employed the appropriate methods and materials of scientific research, namely dialectical, historical, statistical, sociological, and other methods of cognition of processes and phenomena, including specialised methods of grammatical consideration and interpretation of legal norms. Furthermore, an entire block of logical methods was used, including classification (upon creating a complete classification and structuring of scientific hypotheses and assumptions), extrapolation, induction and deduction, analogy, abstraction, comparison. [Findings] This paper investigates the emergence and transformation of artificial intelligence in modern technological and information relations, its gradual introduction in various spheres of life, namely the ways of implementation and the possibility of application in justice. Furthermore, the study analyses possible ways and legal consequences of introducing artificial intelligence into the e-justice system in Ukraine and proposes the stages of reformation. [Practical Implications] The materials of this study are of practical value in the implementation of the goals set for the active use of artificial intelligence tools and their gradual improvement, including the development of methodological guidelines, legislative acts covering the judicial procedure and reference books and recommendations for the interpretation of regulations that have already been adopted in the process of introducing electronic justice in the country.
  PubDate: 2023-09-07
  DOI: 10.26512/lstr.v15i2.44906
  Issue No: Vol. 15, No. 2 (2023)
Image-Based Digital Face Identification Technologies
- Authors: Sofiia Ya. Lykhova, Andrii V. Svintsytskyi, Andrii M. Padalka, Yuriy Yu. Nizovtsev, Andrii Lyseiuk
  Pages: 81 - 98
  Abstract: [Purpose] The purpose of this article is to analyze the theoretical and practical aspects of digital face identification technology in Ukraine and suggest the necessary corrections to the optimal legal regime for the use of such technology in criminal proceedings. [Methodology/Approach/Design] The leading research method is the inductive method of the legal analysis that involves the problem formulation, analysis of the legal provisions regulating this question, practical study of the law enforcement, and formulation of conclusions. [Findings] In this article, the authors present a complex analysis of the Ukrainian legislation, define the particularity of criminal responsibility for the violation of privacy under the Ukrainian law in the context of the use of digital face identification technology, and suggest a list of reasonable amendments to the legislation to improve the level of such protection. [Practical Implications] The materials of this article have practical value for investigating crimes and protecting individuals against illegal use of their images by using digital face identification technology in the context of Ukrainian law. [Originality/Value] The topicality of the study is due to the fact that over the past decade face recognition has become one of the most powerful biometric technologies capable of identifying and verifying people involved in crimes based on digital images or video frames, but the legal regime of said identification had not yet been sufficiently explored in Ukraine.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44744
  Issue No: Vol. 15, No. 2 (2023)
China’s Social Credit System
- Authors: Van Quan Nguyen, Sébastien Lafrance, Thanh Cu Vu
  Pages: 99 - 116
  Abstract: [Purpose] To examine the origin and evolution of China’s social credit system. [Methodology/Approach/Design] A doctrinal approach is employed with secondary sources. [Findings] China’s social credit system has some adverse effects on the fundamental principles of international human rights law.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44770
  Issue No: Vol. 15, No. 2 (2023)
The Essence and Role of Electronic Money
- Authors: Kamshat Raiymbergenova, Aizhan Zhatkanbayeva, Aizhan Satbayeva, Alisher Gaitov, Botakoz Shansharbayeva
  Pages: 117 - 131
  Abstract: [Purpose] The purpose of the study is to conduct legal analysis on the legal regulation problems concerning the concept of “electronic money” and the development of the modern monetary system of Kazakhstan based on the digitalisation of certain processes in the modern state. [Methodology/approach/design] Based on the legal and general scientific research methods, an analysis of the existing legal framework and other documents in the studied area was carried out. Also, a comparative-structural analysis of individual norms of legal acts of the Commonwealth of Independent States countries was made. [Findings] The issues of legal regulation and the incorporation of various concepts related to electronic money circulation into the laws of individual countries were examined based on the focus of the study. The idea of introducing a single digital electronic currency into Kazakhstan's national payment system, which would be backed by government finances and the obligations of the country's National Bank, was also substantiated. The arguments in support of this initiative by Kazakhstan's “main” bank and the country's government to launch a pilot process for the introduction of the digital tenge were formulated. This process will operate in circulation along with other cash and non-cash fiat currencies. In this regard, the chosen subject of the study is certainly promising for further scientific and theoretical deepening. This includes a further study of the prospects of digitalisation of the country's monetary system. Furthermore, a legal approach to the issue has revealed particular shortcomings in the enshrining of certain terms in Kazakhstan's legislation.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.43948
  Issue No: Vol. 15, No. 2 (2023)
The Concept of Cyber Insurance as a Loss Guarantee on Data Protection
Hacking in Indonesia
- Authors: Jufryanto Puluhulawa, Mohamad Hidayat Muhtar, Mellisa Towadi, Vifi Swarianata, Apripari
  Pages: 132 - 145
  Abstract: [Purpose] This research departs from the legal vacuum regarding data protection insurance in Indonesia. In terms of regulation, Law Number 40 of 2014 concerning Insurance has not regulated all about cyber insurance, and Indonesia still needs to have a law that regulates data protection. [Methodology/Approach/Design] This research is categorized into the normative legal research type based on the issues and themes raised as a research topic. The research approach used is the conceptual approach, philosophical approach, and analytical approach. The research focuses on analyzing the concept of cyber insurance in protecting data and a study of the urgency of regulating cyber insurance in Indonesia to minimize the impact of losses due to data hacking. [Findings] The results show that the concept of cyber insurance in personal data protection began in the 80s and increased in the early 2000s due to digitization in all areas of people's lives. This significant development was not followed by Indonesia, with a legal vacuum regulating cyber insurance in data protection. Therefore, several things that Indonesia must do, namely Revision of the Law of the Republic of Indonesia Number 40 of 2014 concerning Insurance, Establishment of implementing regulations, need new normalization in overriding the Civil Code. [Practical Implications] This study has legal implications for norming. In addition, it has implications for changes in the concept of insurance in Indonesia because, so far, cyber insurance services are still conventional. [Originality/Value] On an Indonesian scale, this research is the first to comprehensively discuss cyber insurance for data protection.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44206
  Issue No: Vol. 15, No. 2 (2023)
Digital Transition, Sustainability and Readjustment on EU Tourism Industry
- Authors: Antonio Sánchez-Bayón, Luis M. Cerdá Suárez
  Pages: 146 - 173
  Abstract: [Purpose] To explain why the tourism sector is so relevant for European economies (specially in Spain), but there are many failures and paradoxes in its public management during the digital transition (from Welfare State Economy to Wellbeing Economics), with more troubles because the COVID-19 crisis and the Ukraine war. [Methodology/Approach/Design] This is a heterodox review on Political Economy, Macroeconomics, Labor Economics and Business Management, focused on the readjustment effect into the tourism industry due to the impact of the digital transition and its aggravation with the COVID-19 crisis and the Ukraine war. The objective of this review is to try to explain the current situation (not to predict anything), so it is applied the theoretical and methodological frameworks of the heterodox synthesis, mixing the genetic-causal approach by Austrian Economics with the historical-comparative approach by New-Institutional Economics. [Findings] This review explains the failures and paradoxes in the public management of the tourism sector transition because there is a resistance to change, and there is not an adaptation in the production process and its economic structure. In an overview, the resistance is observed in the switch of economic model (from Welfare State Economy to Wellbeing Economics) and labor relations (from repetitive-technicians directed to talent collaborators with autonomy). Focused in the tourism industry, the digital transition can help to offer better travel experiences. [Practical Implications] The readjustment effect can help to improve the European economies, specially for the Spanish case, where the tourism industry is the main sector of its economy. With this proposal is possible to take the digital advantage and its changes to become more productive and profitable, with greater wellbeing level for workers and society. [Originality] This review introduces the heterodox synthesis, moving from econometric foundations (based on statistical approach to get predictions and equilibrium point), to mainline foundations (based on principles and empirical evidence on incentives, efficiency and institutional-quality).
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44709
  Issue No: Vol. 15, No. 2 (2023)
Identity of the Suspect in Cyber Sabotage
- Authors: Oleh Peleshchak, Roman Blahuta, Larysa Brych, Nataliya Lashchuk, Dmytro Miskiv
  Pages: 174 - 186
  Abstract: [Purpose] The purpose of the study is to identify means and measures to counteract and prevent cyber sabotage. [Methodology] The research is based on a systematic approach and logical tools (description, analysis, synthesis, induction, deduction, etc.). Special scientific, general scientific, and philosophical methods are applied. [Findings] The study analyses the possible motives of the suspect in cyber sabotage and unifies classification approaches. Attention is focused on information support for the interrogation of a suspect in cyber sabotage by an investigator to learn the identity of the suspect. Certain features of the sources of obtaining information about a person suspected of committing cyber sabotage are noted. The general characteristics and features of the identity of a cyber sabotage suspect cannot be considered outside the context of other socially dangerous attacks in cyberspace. The development of mechanisms for countering cybercrime in Ukraine continues. [Value] The practical significance of the study is determined in the list of measures and means proposed by the authors to reduce the risk of cyber sabotages and eliminate their harmful consequences.
  PubDate: 2023-09-12
  DOI: 10.26512/lstr.v15i2.44518
  Issue No: Vol. 15, No. 2 (2023)
Criminological Features of the Cybersecurity Threats
- Authors: Viktor Anatolievich Shestak, Alyona Dmitrievna Tsyplakova
  Pages: 187 - 203
  Abstract: [Purpose] Currently, novel tools have converted many traditional phenomena into cyber ones. The absence of a standardized terminology and classification of cybersecurity threats has raised significant concerns among researchers and lawmakers. Ignoring the emerging risks that necessitate appropriate responses is impracticable. Prior to devising countermeasures to combat cybercrime, it is imperative to accurately define the concept of cybersecurity threat and differentiate it from other related notions such as information security, computer security, cyberattack, cyberspace attack, cyber incident, cybersecurity incident, cyber threat, and cybersecurity event, whose definitions may be ascertained from the glossaries of various standardization institutes. [Methodology/Approach/Design] This study presents a descriptive investigation of cybersecurity threats and their causes, utilizing genetic, systematic-functional, and systematization methods. Cyberattacks are identified as the primary threat, and data is represented through qualitative research and summarized in tables. The study also considers the historical background of concepts and cyber-criminality. [Findings] The present study delves into a comprehensive analysis of distinct categories of cybersecurity threats, the trajectory of cybercrime, and the factors that underpin the emergence of new cybersecurity threats. The research scrutinizes both the general causes for cyber-criminality and the specific determinants for criminal activities that target the energy sector, a critical component of a state's infrastructure. The study reveals that the major sources of threats comprise terrorists, insiders (i.e., disgruntled employees), commercial spies, and black hackers or crackers, whose malicious acts are themselves considered threats to cybersecurity.
  PubDate: 2023-09-07
  DOI: 10.26512/lstr.v15i2.45997
  Issue No: Vol. 15, No. 2 (2023)
Journal Info
- Authors: Editorial Board
  Pages: 204 - 205
  Abstract:
  DOI : https://doi.org/10.26512/lstr.v15i2 SCOPUS Q3 - MIAR Index 9.6 - SJR H-Index 4 Editor: Prof. Marcio Iorio Aranha (University of Brasilia, BRAZIL) Editorial Board: Prof. Marcio Iorio Aranha (University of Brasilia – BRAZIL), Prof. André Rossi (Utah Valley University - USA), Prof. Ana Frazao (Universidade de Brasilia - BRAZIL), Prof. Clara Luz Alvarez (Universidad Panamericana - MEXICO), Prof. Diego Cardona (Universidad de Rosario - COLOMBIA), Prof. Flavia M. S. Oliveira (Universidade de Brasilia - BRAZIL) Prof. Francisco Sierra Caballero (Universidad de Sevilla - SPAIN), Prof. Fabio Bassan (Universitá degli Studi Roma Tre - ITALIA), Prof. Hernán Galperin (University of Southern California - USA), Prof. Jerônimo Siqueira Tybusch (Universidade Federal de Santa Maria - BRAZIL), Prof. João Alberto de Oliveira Lima (Universidade do Legislativo Brasileiro - BRAZIL), Prof. Judith Mariscal (CIDE - MEXICO), Prof. Liliana Ruiz de Alonso (Universidad San Martín de Porres - PERU), Prof. Lucas Sierra (Universidad de Chile - CHILE), Prof. Luís Fernando Ramos Molinaro (Universidade de Brasília - BRAZIL), Prof. Murilo César Ramos (Universidade de Brasília - BRAZIL), Prof. Raúl Katz (Columbia University - USA), Prof. Roberto Muñoz (Universidad Técnica - CHILE). ISSN: 1984-9729 EISSN: 1984-8161 Periodicity: annual issues uninterrupted since May 2009 and two annual issues in May and October uninterrupted since May 2018. Mission/Scope/Focus: http://periodicos.unb.br/index.php/RDET/about Submission process: authors are requested to submit their papers following the instructions at http://periodicos.unb.br/index.php/RDET/about/submissions. The journal adopts the double-blind peer review process. Archiving policy: LOCKSS-CARINIANA, DOAJ and Brazil’s Senate Library. Indexation: SCOPUS (Elsevier); CROSSREF; ROAD; THE KEEPERS; LATINDEX (28283); EBSCOhost research databases (EBSCO Publishing Inc.); Gale Group; AE Global Index; OAI (Open Archives Initiative) - DOAJ (Directory of Open Access Journals); WorldCat; Google Scholar; The European Library; CIEPS (Centre International d’Enregistrement des Publications en Série); Sistemas SEER e Diadorim, do IBICT. Permanent Web Identifier: LexML and
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  Authors , please submit here: http://periodicos.unb.br/index.php/RDET/about/submissions Submission time frame: The L.S.T.R. submission process is open all year round. Papers selected will be tentatively scheduled for publishing in the next issue. Languages accepted: English, Spanish and Portuguese. Formal requirements: The easiest way to follow this journal’s formal requirements is to download the template in English from the L.S.T.R. website, in the section “Author Guidelines” and replace the content with your own material. The template file contains specially formatted styles (e.g., Normal, Heading, Footer, , Subtle Emphasis, and Intense Emphasis) that will reduce the work in formatting your final submission. The following instructions are already embedded in the template, but they are transcribed below in case you prefer to apply them directly to your paper. Please use the following coordinates for the page setup: Top (1.93 cm); Bottom (1.93 cm); Inside (1,93 cm); Outside (1,52 cm); Gutter (0,36 cm); mirror margins; page size customized for width (15,24 cm) and height (22,86 cm); different odd and even pages; Layout from Edge (Header: 0,89 cm; Footer: 0,76 cm). Right margins should be justified, not ragged. Please use a 10-point Times New Roman font or, if it is unavailable, another proportional font with serifs, as close as possible in appearance to Times New Roman 10-point. On a Macintosh, use the font named Times and not Times New Roman. Also, quotations of more than two lines should be written in Times New Roman, 10, scale 90%, line spacing exactly 10 pt. Legal texts should be cited as Times New Roman, 10, scale 80%, line spacing exactly 10 pt, “Don’t add space between paragraphs of the same style” marked, indentation left 1.78 cm and right 1.78 cm. For reference purpose, please use the ABNT NBR style or APA. Structured abstract: The L.S.T.R. adopts structured abstracts embedded in the template below. Template: https://periodicos.unb.br/index.php/RDET/information/authors.
  PubDate: 2023-09-07
  Issue No: Vol. 15, No. 2 (2023)