Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
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- International Legal Regulation of Activities for the Safe Use of Outer
Space Authors: Gulmira M. Ishkibayeva, Daniya Nurmukhankyzy Pages: 1 - 16 Abstract: [Purpose] It is impossible to imagine the life of a modern person without space technologies. International crews of astronauts have been working in orbit as part of the International Space Station for the past fifteen years. The purpose of the study is to assess the problems of legal regulation of activities related to the use of space communications. [Methodology] According to the specifics of the subject and the purpose of the research, we applied dialectical, historical, comparative and system-structural methods. [Findings] The international legal instruments of general statutory load on outer space subjects and specialised regulation with a focus on individual aspects of the safety of space activities were studied. To clarify the scope of relevant objects of outer space, the causes of emerging dangers as a result of space activities were identified. The development of a set of regulations for the commercial use of space communications was demonstrated. [Practical Implications] The practical significance of the study is determined by the fact that the safety of space activities in recent years has become one of the most serious problems of space activities. PubDate: 2022-10-13 DOI: 10.26512/lstr.v14i2.40361 Issue No: Vol. 14, No. 2 (2022)
- Interplay of Data in Digital Economy and Merger Control Regime: A
Conundrum without Solutions Authors: Kritika Singh, Sarthak Mishra Pages: 17 - 37 Abstract: [Purpose] The paper is an attempt by the authors to evaluate the feasibility of applicability of existing competition law framework to the growing platform economies and the resultant implications of personal data being collected by such entities. [Methodology/approach/design] The present research is doctrinal in nature and the authors have adopted a comparative-analytical research methodology for evaluating the research questions. For the purpose of brevity, the authors have identified three research questions which shall form the basis of the research. Firstly, what is the inter-relation between the growing platform economy and merger control regime of a country. Secondly, what the possible avenues of concerns that may arise due to collection of personal data. Lastly, what are the possible enforcement challenges that would hampering the applicability of existing competition regimes to the digital platforms. The authors have considered the jurisdictions of EU and India as the geographical scope for the research, whereas, the subject-matter scope of the present research is limited only to the facets of interaction between the merger control regime and the abusive conduct of a dominant enterprise in the arena of digital markets. [Findings] The authors have made the following observations upon the conclusion of the study. First of all, the use and access of this data after the merger with companies with low turnover confer the acquiring enterprise a market power by which it can have an edge over its competitors in the market which will ultimately harm the competition in the market. Second, the digital market is data-driven, hence, collection of copious amounts of data, places the big-tech players in a position of control, allowing them indulge in exclusionary and exploitative conduct. Third, the assessment basis of combinations, more specifically in cases of data-driven mergers within the competition law needs a serious re-assessment, so as to include monetary value of data within the scope of assessment, as it is primary asset in such cases. [Practical implications] The importance of this research lies in the acknowledgement accorded the issue and the existing loopholes with the current merger control framework concerning data-driven mergers. Hence, the assessment criteria provided within the paper for the data-driven mergers would effectively serve as a foundational study for the further evolution and development of a specific and concrete framework for regulating data-driven mergers. PubDate: 2022-10-13 DOI: 10.26512/lstr.v14i2.41171 Issue No: Vol. 14, No. 2 (2022)
- Observance of Human Rights in the Use of AI as Technology
Authors: Olha I. Kosilova, Olha V. Rozghon, Chrystyna K. Solodovnikova, Volodymyr M. Stolbovyi, Olha O. Barabash Pages: 38 - 67 Abstract: [Purpose] The purpose of article is devoted to the study of the specifics of legal regulation, use and development of Artificial Intelligence (AI) and related issues of respect for fundamental human rights in modern Ukraine and the EU. [Methodology] The normative bases of legal regulation of relations in the field of AI are considered. One of the methods, used in this article, is establishment of such general rules for the use of AI that could not violate fundamental human rights. [Practical Implications] The practical significance lies in establishment that the use of AI is a multi-vector phenomenon that affects all spheres of human life and can violate various groups of rights [Findings] It was concluded that in order to regulate the use of AI, states need to pay attention to and take into account the Recommendations on AI developed by the European Commission and find a compromise approach to the use of AI, which provides for respect for fundamental human rights. PubDate: 2022-10-13 DOI: 10.26512/lstr.v14i2.41558 Issue No: Vol. 14, No. 2 (2022)
- Artificial Intelligence: Legal Status Determination
Authors: Maryna Velykanova, Nataliia Korchak, Olga Klepikova, Daria Kibets-Pashutina, Olga Shyrokova-Murarash Pages: 68 - 80 Abstract: [Purpose] To study the feasibility of establishing the status of artificial intelligence and outlining its characteristics, as well as to identify problems associated with the introduction of the subject of legal relations “electronic person”. [Methodology] The main method, used in this article, was analysis of the approaches to understanding the essence of artificial intelligence and concepts of legal personality of the electronic person. [Findings] Based on the analysis of the approaches to understanding the essence of artificial intelligence and concepts of legal personality of the electronic person, the conclusion is that the legal personality of the electronic person depends on the presence of features that characterize it as a subject of law: autonomy (separation) and personalization. [Practical Implications] The practical significance lies in the formation of proposals for improving approaches to establishing the essence of artificial intelligence and determining the legal status of the electronic person. PubDate: 2022-10-13 DOI: 10.26512/lstr.v14i2.41802 Issue No: Vol. 14, No. 2 (2022)
- Forensic Examination of Electronic Documents
Authors: Viktor Sezonov, Mykhailo Fialka, Eduard Poltavski, Nataliia Prokopenko, Maryna Fomenko Pages: 81 - 93 Abstract: [Purpose] The purpose of the study is to reveal the concept and essence of forensic prevention of crimes of forgery of electronic documents, to identify problems in the use of information to establish a system of countering crime and document management. [Methodology] The following approaches were used in the work: system-structural, dialectical, empirical. Forgery of electronic documents and their use is investigated not only within the framework of a single criminal case but also by a set of crimes committed depending on the mechanism that is the main one in the structure of criminal technologies. [Findings] Lack of skills and knowledge about the latest forms of documents, methods of their forgery and use in the field of forensic investigations determine the reasons for the development of this condition. The analysis of investigative and judicial practice shows that cases of forgery of electronic documents are moved to separate proceedings due to the inability to fix the person who committed the crime. In some cases, court procedures are returned for additional investigation, since investigators cannot establish mechanisms for falsification tools and bring appropriate charges. [Practical Implications] The practical significance lies in the formation of proposals for improving or making changes to the legislation, effectively improving the activities of law enforcement agencies involved in countering or combating the forgery of documents. PubDate: 2022-10-13 DOI: 10.26512/lstr.v14i2.40965 Issue No: Vol. 14, No. 2 (2022)
- Criminological Aspects of Current Cyber Security
Authors: Andrejs Vilks, Aldona Kipane, Inga Kudeikina, Karina Palkova, Janis Grasis Pages: 94 - 108 Abstract: [Purpose] To analyze the criminological features of the sensitivity of security in the cyber space on the basis of theoretical and empirical bases. [Methodology] In order to evaluate the criminological aspects of the phenomenon under study, theoretical guidelines, special literature, opinions of national and foreign specialists, research papers and periodicals are analyzed. The following scientific research methods have been used in the development of the study: content analysis, analytical, inductive and deductive approaches, as well as systematic analysis of documents, generalization and forecasting. [Findings] The authors conclude that the cyber culture and behaviour of the society need to be improved. This would reduce the potential harm of an individual’s interests and would raise an individual’s understanding of cyber hygiene. An important direction of victimological prevention of cybercrime is a set of systematic and targeted measures to inform people on behaviour of a potential criminal, identifying him/her and personal protective measures and methods to avoid becoming a victim of cyber violations. [Practical Implications] The materials of the article are of practical value for teachers engaged in the development of lectures, seminars, assignments for independent work. PubDate: 2022-10-13 DOI: 10.26512/lstr.v14i2.41411 Issue No: Vol. 14, No. 2 (2022)
- Journal Info
Authors: Editorial Board Pages: 109 - 110 Abstract: DOI : https://doi.org/10.26512/lstr.v14i2 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 on 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 DOI . Manuscript Submission Process 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: 2022-10-13 Issue No: Vol. 14, No. 2 (2022)
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