• 제목/요약/키워드: legal relations

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Trends and Prospects for the Development of Virtual Reality and Digital Property

  • Kirillova, Elena Anatolyevna;Blinkov, Oleg Evgenyevich;Blinkova, Elena Victorovna;Vrazhnov, Aleksey Sergeevich;Magomedov, Firdousi Bilyamudinovich
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.284-290
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    • 2022
  • The study considers trends and prospects for developing virtual (augmented) reality and civil transactions in relation to digital property. In jurisprudence, there is a need to determine the legal status of virtual and augmented reality to regulate legal relations in the digital environment. Legal relations using new digital technologies require the creation of new legislative approaches and rules of their legal regulation. The article dwells on the legal status of virtual (augmented) reality and determines the methods of regulating legal relations in the sphere of digital property. The study utilized methods for collecting single and multiple facts in order to identify the main trends in the civil circulation of digital assets, as well as private law methods. The methods of generalization, concreteness, induction and deduction reveal the legal nature and main features of virtual (augmented) reality and digital property. The paper highlights the specifics of virtual reality and civil transactions in relation to digital assets. The research has concluded that the sale, exchange and other actions with digital objects in virtual reality have distinctive features, while digital property has also unique characteristics since it is involved in civil circulation and legal relations.

EU-영국의 새로운 관계를 위한 협정과 한국-EU-영국의 관계를 위한 새로운 국제법 패러다임에 관한 연구 (A Study on the EU-UK Agreement for New Relations and New Paradigm of International Law for the Korea-EU-UK Relations)

  • 김봉철;김호
    • 무역학회지
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    • 제46권1호
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    • pp.155-168
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    • 2021
  • The EU and the UK apply a treaty to establish new relations from 2021. Brexit is making a big difference in relations among the EU, the UK, and third countries. A new paradigm of international law has begun to be applied to relations among Korea, the EU, and the UK. The UK was excluded from the application of the Korea-EU FTA, and the Korea-UK FTA was applied to trade relations between Korea and the UK. The signing of these new treaties and the changes in the subject to which they apply are impacting the existing international legal system. The countries are showing some response, but it cannot be evaluated as a complete level, and there are still tasks to be solved. Therefore, the legal basis for EU-UK relations, Korea-EU relations, and Korea-UK relations should continue to be laid down in the future. The Korea-UK FTA cannot govern all the problems arising from trade and economic cooperation. Many interests that the UK did not reflect in the course of previous Korea-EU FTA negotiations will be revealed, so a new legal framework for Korea-UK bilateral relations will be established according to the negotiations between the two sides. There should be more detailed research and suggestion of alternatives in the field of law.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • 제22권9호
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Criminal And Legal Protection Of Information Relations

  • Manzhai, Oleksandr;Kuryliuk, Yurii;Miroshnykov, Ivan;Syiploki, Mykola;Vazhynskyi, Volodymyr
    • International Journal of Computer Science & Network Security
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    • 제22권5호
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    • pp.284-288
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    • 2022
  • The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.

Civil legal relations in the context of adaptation of civil legislation to the legislation of the EU countries in the digital age

  • Kizlova, Olena;Safonchyk, Oksana;Hlyniana, Kateryna;Mazurenko, Svetlana
    • International Journal of Computer Science & Network Security
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    • 제21권12spc호
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    • pp.521-525
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    • 2021
  • An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

Normative Legal Aspects of Information Support for the Provision of Administrative Services in the Field of Public Administration

  • Radanovych, Nataliia;Kaplenko, Halyna;Burak, Volodymyr;Hirnyk, Oksana;Havryliuk, Yuliia
    • International Journal of Computer Science & Network Security
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    • 제22권9호
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    • pp.244-250
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    • 2022
  • Reforming social relations requires changing the system of relations between state executive bodies, institutions subordinate to them and a citizen, which is characteristic for most of the country, in which the latter is a petitioner even if his indisputable rights and legitimate interests are satisfied. One of the most important areas of public administration reform is the formation and development of a system of administrative services and appropriate information support. The result of the implementation of this direction should be the creation of such a legal framework and its real implementation in administrative and legal practice, in which consumers of administrative services will have broad rights and powers and will not be passive subjects manipulated by civil servants.Thus, the main task of the study is to analyze the normative legal aspects of information support for the provision of administrative services in the field of public administration. As a result of the study, the main aspects of normative legal aspects of information support for the provision of administrative services in the field of public administration were investigated.

인공지능 변호사를 위한 법리의 구조화와 그 표현 (Structure and expression of legal principles for artificial intelligence lawyers)

  • 박봉철
    • 국제교류와 융합교육
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    • 제1권1호
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    • pp.61-79
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    • 2021
  • 본 연구는 한국형 인공지능 변호사를 구현하기 위하여, 법리를 어떻게 구조화 할 수 있는지 살펴본 후, 구조화된 법리를 술어논리로 어떻게 표현할 수 있는지에 관하여 구체적인 예를 들어 보았다. 선행연구에서 인공지능 변호사의 추론엔진을 위해서 술어논리를 도입하는 방안을 제시하였다면, 본 연구에서는 법리의 구조적 외형을 토대로 술어논리로 법리를 표현하는 방식에 관하여 초점을 맞추었다. 법리를 조문과 판례의 내용으로 한정하고, '법률사실-법률요건-법률효과'로 이어지는 수직적 계층과 '법률효과-항변-재항변'으로 이어지는 수평적 계층을 살펴보았다. 또한 법률사실을 분류하고 법률사실의 대부분이 통상 일항술어 내지 이항술어로 표현될 수 있음을 설명하였다. 사건, 상대방 없는 단독행위, 법적 지위를 나타내기 위해 일항술어를 사용하였고, 관념적 용태, 위법행위, 의사적 용태, 상대방 있는 단독행위, 계약, 동시이행관계를 나타내기 위해 이항술어를 사용하였다. 대여금채권에 관한 요건사실과 항변을 술어논리로 표현해 보았으며, 전통적인 주제인 법정지상권에 관하여 관습상 법정지상권과 저당권 실행에 따른 법정지상권으로 나누어 관련 법리를 표현하였다. 향후 연구에서 술어논리로 표현된 법리를 프로그래밍해보고 인공지능 변호사를 위한 추론엔진을 현실화할 계획에 있다.

Features of Legal Relations in the Field of Digital Services: Legal Realities and Prospects for the Future

  • Pohrebniak, Stanislav;Panova, Liydmyla;Gramatskyy, Ernest;Radchenko, Liliya;Kryvosheyina, Inha
    • International Journal of Computer Science & Network Security
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    • 제22권1호
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    • pp.300-304
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    • 2022
  • The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

우주법의 관점으로부터 본 우주파편 (Legal Regime of Space Debris)

  • Tatsuzawa, Kunihiko
    • 항공우주정책ㆍ법학회지
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    • 제16권
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    • pp.224-235
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    • 2002
  • The problem of space debris has been dealt with at the STSC of the COPUOS. The technical discussion at the said Committee was finished by adopting the Technical Report in 1999. Its legal discussion will be followed very soon at the LSC of the COPUOS. In this paper, I try to outline certain legal points concerning the space debris.

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병원사업에 있어서 "필수유지업무"에 관한 법리적 검토 (Legal review on essential business of hospital business)

  • 박경춘
    • 의료법학
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    • 제10권2호
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    • pp.343-405
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    • 2009
  • This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

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