More and more complex computer programs can create works that qualify for copyright protection if done by a human author. Who has ownership rights to the work created by artificial intelligence (AI) is still an open question. Given the large number of people involved in creating computer-programmed works in the new technology age, a clear regulatory framework is needed for which people qualify as work owners. The article analyzes two main aspects of copyright related to works by AI: (i) whether the work by AI is creative and (ii) the issue of allocation of ownership over AI-generated works. The allocation of ownership rights to works created by AI is analyzed by objects: programmers, users, co-owners of developers with users, and the AI system is in public ownership. The article also outlines the intellectual property laws of the EU, the United States, and Vietnam related to the protection of works created by AI. The article concludes on the need for safety for works created by AI.
Ensuring human rights and civil rights is one of the core missions and efforts to implement in each country. In recent years, in Vietnam, the issue of ensuring human rights has achieved many successes associated with the cause of innovation and comprehensive development of the country. That achievement comes from many factors, including the great influence of Ho Chi Minh's Thought, which has modern values and has been effectively applied by the State. Legal education on ensuring human rights has also been applied by many subjects of Ho Chi Minh's ideology. However, the application of Ho Chi Minh's ideology in this field has just begun, there are still many aspects that need to be approached and researched to apply more effectively, meeting the requirements of strengthening work. legal education, ensuring human rights, building a socialist democratic rule of law state in Vietnam in the coming time. In this article, the author focuses on analyzing and clarifying some issues about awareness, viewpoints and application of Ho Chi Minh's ideology in legal education on ensuring human rights in Vietnam.
The scientific article is devoted to the study of theoretical and applied problems of using the possibilities of criminal analysis in activities to combat crimes committed by organized criminal groups. The main features and types of criminal analysis are highlighted. With the help of a complex of general scientific and special methods, the peculiarities of the use of criminal analysis on the territory of Ukraine were clarified, the prospects of its active implementation at the national level were determined with the aim of increasing counteraction to organized criminal activity. A conclusion was made about the prospects for the further development of the mentioned institute in the development of the theoretical and methodological foundations of its use, the introduction of the latest methods of criminal analysis in order to ensure the fulfillment of the tasks of pre-trial investigation bodies and operational units, in particular, in relation to countermeasures, detection and effective investigation of crimes committed by organized criminal groups.
This article aims to identify information support methods within the investigation of corruption offenses, using the EU and Ukraine as case studies. Employing comparative legal analysis, the research underscores the significance of Europol and Eurojust in corruption investigations, highlighting hybrid cybernetic methods and the increasing role of electronic data. Given corruption's transnational impact, the necessity of cross-border evidence tools becomes evident. Particularly notable is the joint initiative of Europol and Eurojust, the SIRIUS project, which offers vital support to EU law enforcement agencies in handling electronic evidence-related issues. By applying SIRIUS project recommendations, Ukraine can enhance international cooperation in accessing electronic evidence during criminal investigations. Notably, Ukraine's anti-corruption entities have shown adaptability even amidst internal conflicts. The research identifies adaptive methodologies used by EU member states, offering valuable insights for potential legal framework reforms and methodological tool implementation in Ukraine. Further research will focus on the mechanisms of implementation of the proposed methodological tools in the post-war period in Ukraine.
The purpose of the article is to study the current state of legislation, policy, and practice of the European Union Member States in the area of combating domestic violence and protection of its victims, and also to identify and assess possible areas for improving the legal protection of victims. To achieve this goal, the author primarily uses theoretical methods of analysis and synthesis, comparison, regulatory and dogmatic, and systematic methods of legal research. The results show that the basis for effective legal counteraction to domestic violence is international legal instruments which are legally binding. In particular, the Istanbul Convention recognises that domestic violence encompasses all forms of physical, sexual, psychological, and economic abuse that occur within the family or in the place of cohabitation of partners, as well as between former or current spouses or partners, regardless of whether the perpetrator lives or has lived with the victim. At the national level, there is a certain similarity in the functioning of legal provisions in the legislation of EU countries. Particular attention is paid to the isolation of offenders, care for victims, especially children, the possibility of rehabilitation, supervision of offenders, and their integration into society in case of conviction and serving a sentence. The general orientation of the EU legislation is humanistic and aimed at protecting the rights of victims of domestic violence. The conclusions indicate that the regulation of combating domestic violence at the educational level and the protection of victims among migrants requires further research and improvement.
Guaranteeing human rights and freedoms, ensuring national security and law and order, and combating crime are a priority for every European state governed by the rule of law. In this regard, an important role is assigned to law enforcement agencies, which are authorised to restrict the rights and freedoms of persons committing offences on the grounds and in accordance with the procedure provided for by national legislation. One of the stages of law enforcement reform in Ukraine was the creation of the National Police in 2015, which replaced the Soviet punitive police. The police are empowered to apply police measures, the list of which is enshrined in the Law of Ukraine "On the National Police". This article provides a list of police measures, highlights the purpose and procedure for their application in accordance with the law. The problematic aspects of the practical application of certain police measures are highlighted and the ways to eliminate the existing legislative gaps in terms of the possible procedure for the application of police measures are proposed.
After the Second World War, the international community began to pay more and more attention to the protection of human rights and freedoms, as evidenced by the adoption of a number of fundamental international documents. Nowadays, the defense of human rights and freedoms is becoming a priority not only for a single democratic state, but also for the entire world. A number of Declarations and Conventions declare the unity of the international community in the development of the legal system for ensuring human rights and freedoms. To date, democratic states have ratified most of these documents, thereby committing themselves to bring their national legislation in line with European legal standards in the field of human rights and freedoms. At the same time, there are certain exceptions to every rule, which is also the case in the area of human rights and freedoms, since legal equality cannot be the same for every person, of course, with the exception of such fundamental rights as the right to life and health, since their restriction is out of the question. In this regard, the article attempts to answer the question, the essence of which is that ensuring human rights and freedoms does not mean equality for everyone.
Combating domestic violence is an important vector of the development of modern legal thought. The article's purpose is a comprehensive analysis of the status and innovative methods of protection of victims of domestic violence in Europe. To achieve this goal, the author uses content analysis of professional literature, the legislative framework of EU countries, and reporting materials. The results show that the alarming statistics of domestic violence highlight its deep-rooted nature and reveal an alarming feedback loop that exists among different age groups. In particular, younger women are most affected. In Europe, various legislative protection instruments are applied at the EU and national levels, and international standards are also considered. Ensuring access to justice, protecting public health workers, providing shelters and ensuring confidentiality, and promoting specialised lines of communication with victims are all part of a comprehensive approach to combating the problem. The conclusions note that the models of combating domestic violence and protecting victims in the legislation of European countries have several common features. These include forced and prompt separation of the abuser from the victim, prohibition of the abuser to approach the victim, public condemnation of the abuser (especially in Europe), and psychological correction programmes for abusers.
Military operations cause various violations in the state security system, including an increased criminal activity. This requires improved and innovative response to offences and crimes, which include forensic computer simulation of offences. The aim of this work is to determine an approach to the development of a forensic computer model of offences in the context of military operations and to assess its potential advantages. The research involved the method of statistical observation, the rating method, the analysis of risks and potential failures using the FMEA model. The conducted research revealed an increased crime rate in Ukraine after the full-scale invasion. The increased number of particularly serious crimes by almost 9 times requires special attention. This gave grounds to propose the directions of application of the method of forensic computer simulation of offences - forecasting and analysis of crimes, geo-informational simulation, etc. An algorithm for the development of a forensic computer model for predicting terrorist acts in the context of a military conflict is proposed. It is noted that the effectiveness of this model depends on the correct identification and assessment of possible risks for the security system, which is proposed to be carried out using the FMEA model. The application of the FMEA model for predicting terrorist acts is the novelty of the study.
The issue of organizing the operation of the court and prosecutor's office in terms of the martial law is extremely urgent. Since then, Ukraine, for the first time in many years, has faced a problem related to the need to reorganize the operation of courts and prosecutor's offices in order to continue performing their functions during the armed aggression. The current situation demonstrated that the Ukrainian judicial system and the prosecutor's office were not properly prepared for war. The lack of any pre-developed clear plans or programs for the functioning of the court and prosecutor's office in terms of war or emergency situation is a bright proof. Therefore, the gained experience of the operation of courts and prosecutor's offices in terms of the acute phase of the Russian-Ukrainian war can be useful for other countries. Solving the existing problems with ensuring a fair trial in peacetime was complicated by a number of additional challenges caused by the war. Therefore, Ukraine faced a double task: first, to ensure the functioning of the judicial system in terms of the martial law, and secondly, to continue fulfilling its obligations regarding the implementation of judicial reform, which is a necessary condition for Ukraine's accession to the European Union. The authors of the article have studied the main problems of organizing the operation of courts and prosecutor's offices in terms of the martial law and have offered possible ways to solve them.
Political, economic, social and cultural factors determine the level of perception and corruption in the country by social groups. Therefore, the study of this phenomenon should be conducted taking into account the factors outlined. The purpose of the academic paper is to study and analyze the consequences of corruption for societies in key dimensions: political, economic, and socio-cultural. Methodology. The method of systematic analysis is used in the academic paper to identify general corruption trends in the world and in the countries of Eastern Europe and Central Asia, taking into account the growing corruption risks due to the war in Ukraine. The consequences of corruption are considered in the following dimensions: political, economic, and social. Initially, the authors analyze the dynamics of the Corruption Perceptions Index in 2018-2022. The following indicators were used to evaluate corruption: Political Corruption Index, Legislative Corruption Index, Public Sector Corruption Index, Executive Corruption Index, Judicial Corruption Index, and Corruption Decisions of the Judiciary. The results of analyzing the perception of corruption and political corruption in the EECA region demonstrate the lack of dynamic changes in countering and preventing abuse of power. Throughout 2012-2022, a stable value of the Corruption Perceptions Index (34,5 -35 points) and political corruption (0,5 points on a scale of 0 -1) was observed in the region. The highest level of corruption was detected in the judiciary, with the executive branch of government in second place. An average level of corruption has been identified in the public sector as a whole. The experience of EECA countries demonstrates the correlation between political corruption and the development of civil society, the average level of citizen participation in political life, and particular restrictions on rights and freedoms. The Civil Liberties and Civil Society Participation Indices are still at the same level as the Political Corruption Index. At the same time, in the economic dimension, the dynamics of GDP per capita indicate an increase in the quality of life despite the lack of positive developments in combating corruption. In the social dimension, corruption leads to peaceful protests, increases threats to security and peace, and deepens social inequality among different social groups. The practical significance of the research results lies in formulating recommendations for EECA governments on the digitalization of public services and processes to enhance the transparency of public authorities as a way to prevent corruption.
In the era of globalization and the world economy, corporations and governments are focusing more on the concept of sustainability and far-going security to the stakeholders and investors. Insider trading is a deep-rooted evil opportunity in the stock market. The transfer of unpublished price-sensitive information to an outsider or the use of it for unfair gains by the insider is a governance issue per se. The current Indian regulation i.e. SEBI (Insider Trading) Regulation 2015 has traveled a long journey to curb the root cause but still must move on the international parameters. It has a major objective to prevent the unauthorized use of price-sensitive information. The review paper will critically analyze the historical development in the Indian Capital market with reference to the incidents of insider trading and preventive steps by the Indian market regulations and regulator activism. It will also review the regulatory advancement of the insider trading norms after the Harshad Mehta scandal in the year 1992 to the happening of ICICI-Videocon loan scam and thereafter. The objective of the review paper is a structural analysis of the historical development in the regulatory framework of insider trading in India. Also, to demonstrate the legal transformation of Indian Stock Exchanges in response to insider trading issues.
Hunger is a structural violation of the Human Right to Adequate Food (HRAF), subject to worsening both by human issues (social, economic, political) and by natural calamities, such as droughts and floods. In 1932, during a period of severe drought in Ceara, those affected by the drought began to migrate to the nearest urban centers, in search of minimum living conditions. Arousing hygienist fears among local elites, this undesirable migratory contingent was housed in concentration camps, in order to impede the flow of hungry people reaching the cities. The segregationist measure created environments of institutionalized violence and dehumanization. It was hoped that an event of this nature would serve to motivate the constitutionalization of the HRAF. However, explicit constitutionalization only occurred with Constitutional Amendment n degrees 64/2010, 78 years later. This article aims to understand the extent to which the 1932 drought contributed as a material source for the constitutionalization of the HRAF, comparing the evolution of this right, from that calamity to the present, aiming to understand the reason for the delay in its constitutionalization and the effect practical that the constitutional omission brought to the brazilian vulnerable population.
The purpose of the article is to study the main risks in restructuring Ukraine's legal framework against the background of establishing cooperation with the EU. This goal is achieved by using the method of content analysis of modern scientific works and media reports. The results indicate that the process of harmonisation of Ukrainian legislation with the EU norms has covered various areas, but the Association Agreement does not provide clear deadlines for its implementation, except for the protection of intellectual property rights. Most of the provisions of the agreement and other harmonisation documents are referred to as "soft law", defining intentions rather than hard obligations of the parties. The lack of effective control over the harmonisation process was its main drawback, and the process was not strictly linked to internal reforms in Ukraine. Also, terminological differences complicate the understanding of the process. The need to harmonise terminology becomes important to ensure clarity and accountability in the context of European integration. The conclusions emphasise that it is important to address the issue of Ukraine's ability to harmonise on its own, the need for full coverage, and the reality of national programmes that may remain only declarations of intent.
In the context of integration and globalization, the increasing labor market makes recruitment demand increasingly large, requiring quality inputs, especially in popular and necessary industries such as accounting and auditing. The transition from a learning environment to a workplace becomes even more difficult not only for students but also for businesses in the recruitment process. Graduates must identify knowledge and professional skills to be able to meet the requirements of employers. The study aims to explore the gap between employers' expectations and learners' perceptions of the knowledge and skills of accounting and auditing graduates. Research using qualitative methods combined with quantitative methods presents the preliminary results of the survey using questionnaires and surveys with 235 students in accounting and auditing at universities of economics and 157 employers in Hanoi, Vietnam. The results from Indenpent-Samples T Test showed that there was a significant gap between the employers' expectations and the learners' perceptions, these knowledge and skills need to be improved to ensure that accounting and auditing graduates can complete and meet the requirements of future jobs.
Every marriage that is dissolved either because of divorce or the death of a spouse, it is obligatory for the wife involved to undergo a period called 'idah. The provision of this 'idah period contains several objectives to ensure that women's welfare is protected throughout the period as well as to fulfil the maqasid of sharia in general. Thus, the change of times and the lifestyle of women nowadays who focus less on the implementation of 'idah has caused confusion among Muslims, especially women in the implementation of 'idah based on the findings of previous studies. This study was conducted to provide a knowledge and understanding about the basis of the 'idah implementation in terms of the variety forms of 'idah duration so that it can be well understood by the community. This is important in ensuring that Islamic Shari'a is well be preserved and overcome problems in family institutions as a result of urbanization. Through a qualitative approach, this study utilizes secondary sources such as scriptures, previous studies and related books. The use of document analysis method is applied in analyzing the content at the same time producing a formulation that coincides with the goal of the study. The debate about the period of 'idah and the laws of its implementation is a form of knowledge that should be mastered by every Muslim, especially in Malaysia. Without a good understanding, the implementation of 'idah outlined in Islam has the potential to be practiced without fulfilling the requirements of syariah. Thus, this study is expected to help the community, especially women, in better understanding the basis of the 'idah implementation without taking for granted at the purpose of its shari'at.
The purpose of the article is to analyse the development of e-justice and e-administration, focusing on highlighting the main advantages, challenges, and prospects for further digitalisation of the judicial and legal system. To achieve this goal, the methods of content analysis and synthesis were used. The content analysis was used to reveal the main aspects of the development of e justice and e-court, while the synthesis allows systematising and summarising the information obtained. The article is of practical importance as it addresses important aspects of the digital transformation of the judicial system. Highlighting the challenges, benefits, and prospects of digitalisation allows us to understand current trends and the need to improve e-justice. The results show that the main advantages of e-justice are convenience, speed, accessibility, reduction of bureaucratic processes, and corruption (due to the minimisation of physical contacts). In general, the results of this study indicate the importance of developing the functionality of e-court platforms using artificial intelligence and integration of Blockchain technologies. It is noted that important challenges include the formation of an appropriate digital infrastructure, the presence of cyber threats, formalism, lack of human factor, etc. The study concludes that the development of e-justice is essential for the modern legal system. At the same time, it is important to view challenges as a chance for improvement, focusing on innovation and cybersecurity. The findings emphasise the importance of further development of digital justice to ensure the efficiency and accessibility of court services.
The proposed article is devoted to the public administration of economic activity within the context of war and the related political crisis. The relevance of this topic lies in the fact that military conflicts continue to cause significant changes in national and international economic structures, and adaptation to these changes is an urgent task for the government. The article aims to analyze the challenges and strategies for managing economic activity within the context of the military-political crisis. The subject of the study is the public administration system in this challenging period. A set of methods is used to achieve this goal, including comparative analysis and modeling. The study shows that military and political crises require a significant restructuring of the public administration system. Compared to peacetime, the wartime period is characterized by a broader range of tasks that the public administration system solves. They include mobilizing resources, re-profiling manufacturing, stabilizing the economy, ensuring supplies, as well as maintaining social stability and transparency. The lack of flexibility in responding to these challenges can lead to catastrophic consequences. Therefore, business administration should be flexible and creative to adapt successfully to new conditions and challenges. The research findings have significant practical implications, as governments can use them to plan and implement management strategies during a crisis.
The purpose of the article is to analyze the concept of "management services" in the legislation of Ukraine and EU laws. Research methods are: monographic analysis, systematic analysis, comparative and legal analysis, generalization, forecasting, etc. The need to amend the legislation of Ukraine by supplementing the concept of "management services" to the Law of Ukraine "On Administrative Services", as well as by clarifying DK 021:2015. In particular the code "79420000-4: Management services" should be defined as "79420000-4: Assistance (service) related to management". We have emphasized that there is a possibility of developing the potential of providing services in Ukraine and strengthening the sphere of business services due to the improvement of the current legislation, in particular through the implementation of the norms of European law into the national legal system. It has been proved that effective public procurement is possible only if institutions, organizations and enterprises clearly understand the "rules of the game" in this area. It has been concluded that the incorrect semantic load of concepts (translation) in DK 021:2015, developed in accordance with the EU requirements, has potential risks in the field of public procurement, does not contribute to the active attraction of investments through participation in national and international projects, as well as to effective management decisions.
The purpose of the article is to study the legal regulation of cybersecurity in the context of digital transformation in modern Ukrainian society. To achieve this goal, the author uses the scientific methods of analysis, abstraction, synthesis, and content analysis, which made it possible to study the relevant scientific literature and determine the views of scholars on the problems of cybercrime and counteraction to it. The results show that the legal framework lags behind modern methods of cybercrime. Changes in legislation, including Ukrainian legislation, are sometimes partial, which does not help to solve the problem. A separate problem is the negative reaction of civil society to the introduction of additional restrictions on the functioning of the digital sphere in general. At the same time, the Ukrainian legal system already needs to be guided by European standards of cybersecurity, which would confirm the country's European integration aspirations. However, even this does not allow formulating a universal legal framework for combating cybercrime, as countering cybercrime with the use of state institutions, as in the example of the Kremlin regime's current policy, requires careful analysis due to the emergence of new challenges for law enforcement systems.
