Suchergebnisse

Due to the development of the information society, countries face the task of effectively regulating the relevant social relations. The mechanisms of such regulation should correspond to the specifics of such relations. Digitization is one of the modern methods of legal regulation, which is the use of information technology at the state level. The existing scientific achievements on digitalization processes need constant improvement, which corresponds to the specifics of this field. The object of research is digitalization in law in the light of international experience. The article aims to study and analyze digitalization in law in the international legal aspect. The following methods were used during the study: systemic, systemic-functional, comparative, sociological, analysis, synthesis, analogy, observation, classification, and statistical analysis. The article analyzes the phenomenon of digitalization, identifies the main approaches to understanding it. On the example of international experience (such countries as France, Germany, Italy, Georgia, Greece, and Great Britain), the mechanisms of using digitalization in public administration are determined, the legal regulation of informatization is analyzed. Also, based on the study and analysis of doctrinal teachings of international information experience, it is proposed to improve the domestic legal mechanism to ensure the effective functioning of public relations.

The purpose of the article is to focus on the need to strengthen the interaction of the law enforcement agencies of various states, highlighting the role of financial institutions in this process, to find optimal ways to improve international cooperation. The study is based on the methods of systemic and critical analysis, as well as a formal logical method. The article confirms that the need to strengthen international cooperation is explained by the existence of certain factors that determine the possibility of money laundering. It has been established that without adequate cooperation between law enforcement agencies and financial institutions at the national level, it is quite difficult to detect crime and prevent money laundering at the initial stage. As a conclusion of the investigation, it is proposed to develop a methodology for the interaction of the law enforcement agencies of several states to counteract money laundering. The results obtained can also become the basis for developing legislative proposals to improve international cooperation in law enforcement and, at the same time, they can be used to increase the efficiency of their anti-money laundering activities.

Through materialist dialectics, the article is dedicated to the study and solution of theoretical and practical questions related to the right of a person not to declare or give explanations about himself, his relatives, or close relatives. Interested here was the thorough review of the doctrinal sources of this right, the meaning and methodology of its research, the concept and content of the right of a person not to testify, the peculiarities of this right in Ukraine and in the world, its legislation, as well as its guarantee of implementation. In addition, based on the analysis of the legislation of each country, the authors identify the characteristics of the guarantee, analyze the theoretical aspects and the practical problems of granting the police and judicial authorities the right not to declare or give explanations about themselves. It is concluded that the immunity of witnesses means a set of rules that exempts certain groups of witnesses from the obligation to testify in criminal proceedings, as well as from the obligation of the witness to testify against himself. In this sense, immunity for a witness is divided into two types of imperatives: (absolute, unconditional) and device (relative, conditional).

The goal of the paper is to research the modern phenomenon of global white-collar crime, its socially harmful forms and to discuss methods of fighting such criminality internationally. In the course of the research, several general and special scientific methods were used. Special focus was laid on comparing models of enforcing economic crimes in different jurisdictions. A general overview of today's interconnected economic systems is provided. A link between economic security and national (including information) security is explained. With reference to numerous publications on the issues of white-collar crime it is suggested that this topic is of significant practical meaning to national governments. Based on the example of several white-collar crimes, including tax evasion, money laundering and insider trading, a conclusion was made on the complexity of prosecuting economic offenses, when criminal activity goes beyond any national jurisdiction. Challenges of procedural nature, which relate to investigation and prosecution of such crimes, are discussed as well. As a general conclusion, it is argued that modern phenomenon of economic globalization significantly underlines the importance of the implementation of comparative, multi-jurisdictional research into the field of white-collar crime enforcement.

The objective of the investigation was to analyze some international experience in assessing the effectiveness of law enforcement in crime prevention. Methodologically, the dialectic method, typical of materialistic philosophy, was combined with scientific techniques of cognition. It is concluded that the basis for assessing the effectiveness of law enforcement agencies in different countries is based on a set of quantitative and qualitative criteria; sometimes such criteria conflict with each other, as some are beneficial for bureaucratic reporting, while others reflect the public's interests. Public opinion, as one of the main criteria, is becoming increasingly important in assessing the effectiveness of law enforcement agencies in some countries (e.g., the Slovak Republic), and in the US, France, Japan, Austria, and Italy, it is a traditional evaluation tool. Ambiguous is the use of statistics to assess the effectiveness of law enforcement in certain countries and Finally, there are countries where criminal statistics are a priority to determine the effectiveness of law enforcement and in others not.

The article is devoted to a topic as topical as the legal transformations in the Ukrainian system under the influence of international law. Therefore, the aim of the article is to discuss the theoretical and practical aspects of the study of the impact of international law on domestic law, as well as to identify the differences and similarities between international law and Ukrainian law in the specific field of criminal and civil law. The methodological basis of the study consisted in the use of the system-structural method, which made it possible to determine the place of international legal norms in the system of national legislation and, also, the comparative method of international and Ukrainian legislation in force. In the main results obtained, it is revealed that the transformation of Ukrainian legislation is carried out mainly under the influence of Western globalization, which implies the transformation of a certain international law. It was concluded that, in the legal sphere of Ukraine, international agreements have been greatly influenced by the transformation of international law through the application of Ukrainian law through a process of legal synthesis.

The article is devoted to the study of the essence of constitutional law, together with judicial guarantees, their interpretation and normative consolidation in international legal acts and national regulations, as well as to the clarification of the place of the right to a fair trial in human rights. Thanks to the use of a system of general scientific and special scientific concepts and methods, it was established that the conceptualization of the right to a fair trial was given by the European Convention for the Protection of Human Rights and Fundamental Freedoms and, moreover, is reflected in the precedent practice of the European Court of Human Rights. In this context, characteristic features of the right to judicial guarantees are defined, its procedural and functional components are distinguished, and procedural and substantive justice are characterized. Everything allows concluding that, the characteristic features of the constitutional right to a fair trial in a state governed by the rule of law are defined as: the perceived ability of a person to exercise the specified right; the presence of a special subject-object structure; appropriate actions in specially created state judicial institutions to restore violated rights.

The concept of femicide in Latin America was
developed by the ethnologist and anthropologist Marcela Lagarde, specifically for the case of women murdered in Ciudad Juarez (Mexico). The term has spread to other countries and in Colombia it was
built into the reform to the Penal Code (Act 1257 of 2008) in this law is to protect women in such circumstances, this paper intends to make a sketch and a made known this as fact.

In criminal proceedings, in special circumstances, exceptions have been provided for to deviate from the competences of the judicial authorities, and the present study aims to compare these cases in Iranian and French criminal procedure. As for intrinsic jurisdiction, the findings indicate that in Iranian criminal procedure deviation from intrinsic jurisdiction is permitted in cases such as issuing a collective verdict and observing the rules of multiple crimes. In French criminal procedure, deviation from the inherent jurisdiction is possible in limited cases and only within the framework of a referral. Moreover, as regards the rule of diversion from local jurisdiction, the fact that, without exception, that rule cannot lead to favourable judicial review of criminal cases is common to both criminal proceedings. Indeed, the need to establish exceptions and violations of this rule in order to increase the efficiency of the judiciary is inevitable. Moreover, in both Iranian and French criminal proceedings, the basis for determining personal jurisdiction is the perpetrator, so that the criminal procedure has placed the investigation of certain persons under the jurisdiction of a specific authority.