FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE FIGHT AGAINST FAKE NEWS

2021 ◽  
pp. 154-164
Author(s):  
Anna S. Zueva ◽  
◽  
Liana A. Makaeva ◽  
Keyword(s):  
Public Relations ◽  
Positive Impact ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
The Internet ◽  
Negative Consequences ◽  
Fake News ◽  
Significant Information

The article describes the role of the Internet in the modern information society. The negative consequences of the openness of this information and telecommunications network are studied. The paper also substantiates the consequences of the activities of anonymous users who commit offenses. The authors consider the experience of combating fake news in developed countries (Great Britain, Germany, France) and emerging markets (Brazil, Venezuela, Egypt, Qatar, China, Singapore, Turkey). Special attention is paid to such a new phenomenon in the field of spreading false information as "deepfakes". As a result of a comparative legal analysis of regulation in the field of countering the publication of information that does not correspond to reality in online publications, it is concluded that many countries have realized the importance of the threat of spreading fake news. Foreign legislation is formed from the point of view of creating preventive measures in the field of dissemination of unreliable socially significant information. In addition, the authors of the study noted that the adoption of legal measures to combat the spread of fake news at the national level helps to minimize the negative socially significant consequences of the activities of offenders. From this point of view, these actions are absolutely justified and have a positive impact on the regulation of public relations on the Internet.

scholarly journals PROBLEM ASPECTS OF FORMATION OF THE LEGAL INSTITUTE OF CONSOLIDATED TAXPAYERS’ GROUPS IN RUSSIA

2018 ◽  
Vol 1 (4) ◽  
pp. 56-65
Author(s):  
Irina Glazunova
Keyword(s):  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
Entrepreneurial Activity ◽  
Negative Consequences ◽  
Advantages And Disadvantages ◽  
The World ◽  
The Creation ◽  
Tax Systems ◽  
The Moment

The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the structure of regional budgets, the main directions of the tax policy of Russia testify to the forthcoming reform of tax consolidation in Russia.Conclusions. The emergence of the institution of tax consolidation is a natural consequence of the development of the world economy. Most developed countries of the world actively introduce elements of consolidation into taxation systems, successfully providing a balance between the positive and negative consequences of its implementation. Meanwhile, the level of preparation and implementation of tax consolidation in Russia at the moment is not high enough, so the institution requires a consistent reform.

scholarly journals Peculiarities of Civil Law Status of Customs Intermediary under the Legislation of Ukraine and the EU

2020 ◽  
pp. 226-233
Author(s):  
Dmytro SHUTIAK
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
National Level ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Party ◽  
Related Services ◽  
Legal Relationship ◽  
Provision Of Services ◽  
The Eu

The article explores the features of civil law regulation of customs mediation under the legislation of Ukraine and the EU. The author identifies the characteristics that distinguish customs mediation from similar institutions in other areas of management. The author substantiates the position that the legal relationship established between customs authorities and participants of foreign economic activity with the participation of a third party is a type of economic binding legal relationship, i.e. the legal relationship for the provision of intermediary services. Within the framework of customs legal relations, contracts of a civil law nature are considered as a specific way of the state's influence on this sphere of public relations. With the participation of customs intermediaries, certain economic and legal relations are established between customs authorities and participants in foreign economic activity. The content of customs intermediary activities should be determined through the provision of services mediated by civil law agreements, representing the interests of foreign economic activity in relations with customs authorities, the provision of customs and related services, the implementation of legally significant actions aimed at customs procedures. The analysis of EU legislation in the study area led the author to conclude that at the EU level not only general qualification requirements for customs intermediaries are set, but also principles, values and rules of conduct that encourage customs intermediaries to achieve high standards of professional ethics and proper implementation their responsibilities. Given the specifics of customs mediation in the EU, the author concludes that at EU level it is impossible to unify the standards of customs services, so to date access to the profession of customs agent in each entity, the Member State is subject to national jurisdiction with its requirements for candidates to the level of their skills and knowledge. The author emphasizes that at the national level it is advisable to integrate certain elements of the legal regulation of customs brokerage to ensure competitiveness, provide quality services and overcome gaps in legislation.

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

scholarly journals The Economic Analysis of the Law in the Sphere of Public Law Regulation of Activity of Economic Entities

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Economic Science ◽  
Economic Analysis Of Law ◽  
Economic Management ◽  
Time Interaction ◽  
Neoclassical Economic Theory ◽  
The Right

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals Trade liberalization and trade facilitation: Two paths to one goal

2021 ◽  
Vol 12 (1) ◽  
pp. 167-183
Author(s):  
Natalia A. Vorontsova ◽  
◽  
Irina A. Klimova ◽  
Keyword(s):  
Trade Liberalization ◽  
Developing Economies ◽  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
Least Developed Countries ◽  
Trade Facilitation ◽  
Trade Relations ◽  
Long Run ◽  
The Impact

The article defines trade liberalization and trade facilitation, highlighting their characteristics, some of which are inherent to both processes, while others differ. The authors analyze the impact of transborder production in a number of South-East Asian states on the development of their economies, as well as the role of trade facilitation in these processes. The article dwells on the economic impact of trade liberalization and facilitation, their synergistic interaction and peculiarities from the point of view of legal regulation. The authors come to the conclusion that trade liberalization and facilitation generally aim to achieve a common goal of promoting world trade, which in the long run will help to address one of the global problems — an immense wealth gap between developed and least developed countries. To achieve this goal, both liberalization and trade facilitation use their own tools, a set of practical measures enshrined in international legal instruments. At the same time, implementation of these measures often involves major risks, especially for developing economies. As a result, a strategy for implementing trade liberalization and facilitation measures needs to be developed, which would define the sequence of steps for each state individually and would take into account all the potential difficulties that a state may have while opening up the market. It is also necessary to create and improve the relevant regulatory and institutional framework for trade relations and implementation of reforms.

scholarly journals Modern biotechnology: search for an optimal model of legal regulation

2021 ◽  
Vol 311 ◽  
pp. 10003
Author(s):  
Denis Matytsin ◽  
Olesya Kazachenok ◽  
Agnessa Inshakova
Keyword(s):  
Public Relations ◽  
National Parks ◽  
Legal Regulation ◽  
State Regulation ◽  
Negative Consequences ◽  
Optimal Model ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Right ◽  
World Food Security

This chapter justifies the conclusion that GMO technologies as a form of biotechnology are the greatest technological breakthrough of our time. With the help of GMOs, it is possible to increase the yield, which al-lows not only to solve the problems of world food security, but also to pre-serve untouched lands from human impact (including through the creation of national parks or other types and forms of specially protected natural areas there). The use of GMO technologies reduces the use of pesticides and agrochemicals in agriculture. However, in conditions where the harm from GMO technologies and products not convincingly proven, the search for an optimal model for their use should continue. The authors note that the concept of sustainable development implies a balance of environmental, economic and social interests. Deviation from this balance in any direction entails a number of negative consequences for the entire society, both in terms of problems with the realization of the right to food, as well as in terms of environmental protection. In this situation, it seems appropriate not to ban GMOs absolutely (as in Russia), which means the uselessness of the law of the relevant state as a regulator of public relations. Considering the measures of state regulation of the use of GMO technologies and products, the authors focus on the prospects for the use of certification and labeling of GMO products, which in a number of BRICS and EAEU countries has already had a positive effect.

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

The Evolution of ICT, Economic Development, and the Digitally-Divided Society

2008 ◽  
pp. 91-103
Author(s):  
Sadayoshi Takaya
Keyword(s):  
Social Capital ◽  
Developing Countries ◽  
Digital Divide ◽  
Developed Countries ◽  
Point Of View ◽  
The Internet ◽  
Cooperative Effort ◽  
The Public ◽  
Digital Devices ◽  
Divided Society

In this chapter, we mention that a digital divide could bring about an income divide both within a country and between countries. The more the uses of the Internet diffuse, the more the divide may introduce serious concerns. From a macroeconomic point of view, the increase in the digital divide diminishes ICT investments and delays the innovation of ICT. As a result, we propose that the public policies of each government provide the devices of ICT as social capital and infrastructure. On the global stage, the digital divide exists between developed and developing countries. Therefore, international provision of the digital devices should be achieved through a cooperative effort between developed countries and international organizations.

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