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Проблеми захисту трудових прав під час прийняття на роботу з використанням алгоритмів штучного інтелекту

Author(s): Serghii Yaroslavovych Vavzhenchuk,Vladyslav O. Zhmaka / Language(s): Ukrainian Issue: 164/2024

In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal- logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

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Сучасні виклики корегування ефективності застосування законів (на прикладі податково-правового регулювання)

Author(s): Olha V. Lohvinova / Language(s): Ukrainian Issue: 164/2024

The relevance of the research topic is determined by the current state of social relations. It is noted that the analysis of modern social relations cannot be carried out outside the boundaries of significant challenges that require not only their understanding, but also consideration in the relevant reform measures. The most important challenges today are the following: Russia’s war with Ukraine; European integration processes that characterize modern trends in Ukrainian development; digitization of all aspects of public life. Given the problems associated with this, the article defines both objective reasons that affect tax relations, as well as requirements that are subjective in nature. The purpose of the article is to highlight problematic aspects of the state of modern legal regulation. Attention is focused on the fact that war, European integration and digitalization are among the most influential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means that guarantee the effectiveness of tax legislation. These aspects are the subject of analysis. Traditional methods of scientific knowledge are used in the research, thanks to which a systematic idea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristics of the influence of martial law on tax regulation are carried out depending on the stages. The beginning of the first is associated with 2014, while the second – with 2022. Despite common features (narrowing of the territories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.), differences in the content of these stages have been singled out. Europeanintegration processes, which reflect the movement of Ukraine towards the European community, provide for the adjustment of the nature and content of tax legislation in the following directions: a) adaptation of the current tax legislation of Ukraine to European requirements; b) consideration of European prescriptions at the stage of development of zocono projects; c) achieving a balance of acts of the national legislation system. Three areas of relations, which most fundamentally affect the legal status of tax regulation, have been studied. The prospects of tax changes depending on the state of war, the prospects of the impact of harmonization of EU legislation and national legislation, the need to take into account the processes of digitalization of tax relations are considered. On the basis of the conducted research, conclusions were made and recommendations were made regarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the border with other industry regulations. Adjustment of the current set of legislative norms determines the importance of a systematic approach to the turnover of virtual assets. The formation of a generalized, systematic approach to these relations is fundamentally important. In order to achieve such a state, it is very important to supplement the private law means of regulating the circulation of virtual assets with effective tools of public and legal influence (taxation, supervision, public control). The study analyzes the substantive factors of the regulation of such relations proposed by the two draft laws.

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Термінологічне забезпечення системності податкового регулювання як підстава досягнення балансу інтересів учасників податкових відносин в Україні

Author(s): Oleksandr S. Savvi / Language(s): Ukrainian Issue: 164/2024

The relevance of the research topic is backed by the fact that the current tax legislation and other industry legislation bordering on tax regulation cannot be defined as a systemic, coordinated framework. There are fundamental differences both between certain legislative acts and between certain legislative norms within one act. The relevance is further forced by the fact that the respective influence on achieving systematic tax legislation is yet to be taken into account considering the provisions of the Law of Ukraine "On Policy-Making Activities". The purpose of the article is to analyze the terminological aspects that express the content of tax regulation, which is carried out in view of the systemic criteria for composition of tax law. The research applies methods of scientific knowledge that specify the problematic nature of the consideration of issues, namely the systematic method (through which the systematicity of tax law and the systematicity of tax legislation is investigated), comparative (through which a comparative analysis of the development dynamics and changes in legislative norms is carried out), prognostic (through which the conclusions regarding the prospects for changing the tax legislation system are made). The comparative nature of the system of both tax law and tax legislation is researched. The tax glossary is characterized through the possibilities and consequences of formulating a stable construction of definitions that expressly ensure tax regulation. The analysis of the raised issues is carried out through determining a number of aspects based on the assessment of the norms of the Law of Ukraine "On Policy-Making Activities". The classification of laws in the context of tax regulation is provided. The system of legislative impact is based on the consistency of the relevant rules from a constitutional norm to a norm of a bylaw. Emphasis is placed on two original constitutional constructs (Articles 67, 92 of the Constitution of Ukraine), which are further specified in the relevant tax legislation. On the basis of the conducted research, conclusions and recommendations were developed that a clear consideration of a particular balance of norms contributes to the elimination of gaps and conflicts in tax regulation. Achieving a balance of interests of the participants in tax relations cannot occur in case of systematic ignoring and violation of policy-making procedures. Article 4 of the Tax Code of Ukraine establishes unanimous requirements regarding the stability of tax legislation, the objective necessity of a certain period of delay between the moment of adoption of a legislative norm and its entry into force.

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UN General Assembly Resolution 76/262 as a Strengthening of the Collective Response to the Use of the Veto Right in the UN Security Council

Author(s): Valentyn M. Serdiuk / Language(s): English Issue: 164/2024

The article describes the legal nature of United Nations General Assembly Resolution 76/262 (A/76/L.52) entitled "Standing mandate for a General Assembly debate when a veto is cast in the Security Council", adopted on April 26, 2022. We have analyzed this topic due to its relevance and the emergence of a new procedure of the United Nations General Assembly, aimed at increasing of the transparency and accountability of the United Nations Security Council, as a result of the ineffective activity of the Security Council in crisis in which our world finds itself today, in particular due to armed conflicts in Ukraine and the Middle East, which have led to complex humanitarian consequences. Many states and scientists have been expressing their interest in the issue of Security Council reform for a long time. We deeply researched the Resolution which is the first in a long time and a significant legal instrument that changes the existing mechanism of the functioning of the United Nations and has revived the discussions on the need for a complete reform of the Security Council in accordance with Resolution 62/557 of December 15, 2008. The purpose of the article is an overview of the new Resolution 76/262, namely the reasons and expediency of its adoption, cases of application and its effectiveness in modern conditions. The methodological basis of the study are the following general scientific and special methods of cognition of legal phenomena: the method of the philosophical level – the dialectical method; empirical methods – comparative, observation and description methods; general logical methods – analysis, synthesis; specially-legal method. The article analyzes the main provisions of Resolution 76/262, the reasons for its adoption, examines cases of its application, and draws conclusions about the effectiveness of this resolution. We have differentiated the procedures provided for by Resolution 76/262 "Standing mandate for a General Assembly debate when a veto is cast in the Security Council" and Resolution 377 (V) "Uniting for Peace". We have reviewed the international legal conceptual foundations of the need to apply the resolution. The topic of reforming the United Nations against the backdrop of the current world security crisis is very important and relevant for further research by domestic scientists in order to formulate their own proposals, approaches and scientific justifications in the modern Ukrainian science of international public law, as well as for the scientific enlightenment of society in this of knowledge.

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Problems Related to Return of the Case When It Is in the Court Phase to Remove Lapses and Violations

Author(s): Stefcho Bankov / Language(s): English Issue: 1/2023

This article examines the powers of the appellate and cassation instances to overturn sentences or return cases for a new trial by the court of first instance, according to the Criminal Procedure Code (CPC) of the Republic of Bulgaria, subject to certain prerequisites. The author comments on individual penal provisions and their practical application in the court phase of the proceedings. The author concludes that in these cases of lack of reasons and open violations in the course of the proceedings the case can be considered by the appellate instance as a „second first instance”. The current legal framework at the moment provides this opportunity only in case of repeated violation within the meaning of Art. 348, para. 3 of the CPC. An unacceptable extension of the term of the court phase of the criminal proceedings and exceeding the reasonable term for its completion, and hence the violation of the right to defense of the parties in the criminal proceedings, was established as a problem.

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GRA WIDEO W ŚWIETLE TREŚCI ART. 278 § 2 K.K.

Author(s): Wojciech Sosnowski / Language(s): Polish Issue: 1/2024

The article analyzes legal issues related to the protection of video games under criminal law. Video games are currently one of the most profitable sectors in the entertainment industry, generating substantial revenue and engaging millions of players worldwide. Despite this, both European and national laws do not provide specific protection for video games as they do for computer programs. In the context of criminal law, crimes against property, including illegal acquisition of computer programs, are penalized. However, provisions regarding computer programs do not always clearly encompass video games. There are various doctrinal interpretations and court decisions regarding whether video games can be considered computer programs under article 278 § 2 of the Polish Criminal Code. This article provides an analysis of case law, including sentences in which courts classified video games as computer programs without thorough reflection on the issue. It also discusses diverse doctrinal approaches to the definition of video games and their legal status, emphasizing the lack of clear regulations and definitions at the international and EU levels and the need to create new, precise regulations to strengthen the protection of video games.

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TENDENCJE ZWIĄZANE Z SZACOWANIEM PRZEZ ŚWIADKA CZASU TRWANIA ZDARZENIA W KONTEKŚCIE OCENY WIARYGODNOŚCI RELACJI – DONIESIENIE Z BADAŃ WŁASNYCH

Author(s): Joanna Koczur / Language(s): Polish Issue: 1/2024

The reported study is part of an empirical project examining the impact of various factors on theaccuracy honest eyewitness recall. An experiment was carried out on 40 subjects. The reportedstudy is of an interdisciplinary nature. The main purpose of the piece of empirical researchpresented in the article was to determine how subjects estimate the duration of the theft eventpresented to them. The findings of this study may prove particularly useful for interviewers whoare committed to eliminating mistakes from honest witness statements - especially mistakesrelated to the estimation of the duration of the event.

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ZAJĘCIE PRAW AUTORSKICH MAJĄTKOWYCH W POSTĘPOWANIU EGZEKUCYJNYM

Author(s): Katarzyna Walaszek / Language(s): Polish Issue: 1/2024

Under Article 18(1) of the Copyright Act, author's economic rights are not enforceable as longas they serve the author, with the exception of liabilities. Paragraph 2 of the cited article providesthat after the death of the author, the heirs may oppose enforcement in an unpublished work,unless the opposition would be contrary to the disclosed will of the author as to the distributionof the work. This provision introduces far-reaching limitations on enforcement, and itsinterpretation and application in practice by enforcement authorities raises many questions. Theaim of this article is to analyse Article 18 of the Copyright Act and to determine the scope ofapplication of the said provision, as well as the provisions of the enforcement proceedings underthe Civil Procedure Code, in particular the institution of a bailiff's seizure of author's economicrights. In the author's opinion, the construction of Article 18 of the Copyright Act introduces farreaching limitations to the enforcement of author's economic rights, which confirms a specialprivilege of the author. The aim of the article is also to consider this issue in relation to thepossibility of a bailiff's seizure of carriers of tangible author's rights. In this regard, the authorputs forward the thesis that the prohibition of enforcement expressed in Article 18 of theCopyright Act does not, as a rule, apply to tangible carriers, which are, in her opinion, things inthe civil sense. Nevertheless, the sale of a copy may sometimes constitute a distribution of awork and be in opposition to the prohibition expressed in Article 18(1).

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PRZESTĘPCZOŚĆ NA SZKODĘ OBROTU GOSPODARCZEGO I JEJ ZWALCZANIE PRZEZ POLICJĘ – ASPEKTY PRAWNO-KRYMINALISTYCZNE

Author(s): Jerzy Gąsiorowski / Language(s): Polish Issue: 1/2024

Economic crime affects almost all spheres of social and economic life, and as practice proves, itis a complex phenomenon around which all the significant problems of contemporary crime areconcentrated. A special form of economic crime is crime detrimental to economic turnover, characterized by numerous and varied forms of behavior by the perpetrators, posing a threat to theeconomic security of the state by disturbing the proper functioning of the exchange of goods.The central place in this area of threat is occupied by the „white collar’ perpetrator, operating ina „golden crime” structure, who, motivated by the desire to make a profit, within the frameworkof his individual „modus operandi” carries out economic crimes in the civil-legal sphere of economic turnover, with the complicity of accompanying crimes, such as traditional and drugcrimes, often of an organised nature, using simple, but also intellectually sophisticated methods,forms and means. Depending on the category of offender, in his interest (often depending on hiseducation and social position) and the manner in which the offence is carried out, etc., a numberof dependencies, as well as discrepancies, can be discerned, which can contribute to the targetingof the detection efforts undertaken by law enforcement agencies aimed at identifying him andproving his guilt. For this reason, it is important to determine the nature and extent of economiccrime, as well as the characteristics of the perpetrator, as only such data is able to support thedetection process and thus contribute to minimising the negative consequences of this structurally complex crime.

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Stronger together? EU Support for Ukrainian Local Authorities Facing Cyber Attacks (2022-2023)

Author(s): Iryna Fyshchuk / Language(s): English Issue: 1/2024

This study attempts to explore the extent to which EU support during the decentralisation process in Ukraine facilitates local authorities’ digitalisation and strengthens their resilience against cyber attacks. The Ukrainian cyber attack cases are becoming more frequent in 2022 and 2023 in terms of war, especially on the websites of local authorities. The article demonstrates that decentralisation with the support of the EU-funded U-LEAD assistance programme provides an opportunity to bring state services closer to citizens and, accordingly, increase the efficiency of their provision. Decentralisation and digitalisation go hand in hand in the process of implementation in Ukraine. The digitalisation in this direction of local administrations becomes a tool for achieving this goal because it allows local administrations to offer more of their services in a digital format, which ensures the resilience of the development of local authorities. At the same time, the local authorities are less protected against cyber attacks, especially during the war. The article employs a semi-structured interview method to analyse data, revealing that representatives from local authorities participate in various training courses to enhance cybersecurity skills. However, the challenges vary and include issues such as lack of personnel, lack of funding, complex application procedures, lack of coordination, and technical capacity limitations. Indeed, Ukraine is still in the process of improving its own model of cyber defence for local authorities and the country as a whole in terms of countering Russian aggression, using among others practices of NATO and EU countries in the specified field.

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INTERNATIONAL LAW AND ENVIRONMENTAL PROTECTION

Author(s): Marina Malish Sazdovska,Sonja Cindori / Language(s): English Issue: 46/2024

Environmental problems usually have a cross-border context, which results in the need for an international solution. Nation-states within their frameworks can partially contribute to the solution of individual environmental problems, but in most cases joint action is needed, both bilaterally and multilaterally, to overcome environmental phenomena and conditions related to climate change, deforestation, desertification, protection of biodiversity and natural resources, etc. Hence, the role of organizations and international environmental law, which regulate the matter of international agreements and conventions in the field of the environment, is of great importance. The authors of the paper review international relations through the analysis of international documents that protect the environment. Moreover, they analyze the weaknesses, as well as the process of implementation and monitoring, which are essential for the efficient undertaking of measures and activities for the protection of the environment, but also of the entire living world, humanity, wildlife, and vegetation.

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КАКВА Е ПРИЛОЖИМОСТТА НА НОРМИТЕ НА МЕЖДУНАРОДНАТА ОРГАНИЗАЦИЯ НА ТРУДА В ШВЕЙЦАРСКОТО ПРАВО

Author(s): Jean-Philippe Dunand / Language(s): Bulgarian Issue: 1/2024

The centenary of the International Labour Organization (1919-2019) provided an opportunity to reflect on the impact of international labour standards in Switzerland. It is evident that the ILO's instruments have significantly influenced the development of social law in Switzerland, primarily in legislation but also in case law. It is likely that this influence will continue and possibly even increase in the coming years.

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Zaštita ljudskih prava pred ESLJP: Pravni realizam na djelu?

Author(s): Mahir Muharemović / Language(s): Bosnian Issue: 96-97/2023

The paper analyzes the extent to which the European Court of Human Rights uses an approach of judicial activism in its case law, i. e. to what extent its judgments reflect elements of legal realism. It starts from the hypothesis that the Court’s practice so far has been largely marked by activism of judges, which is reflected in the teleological and evolutive interpretation of the European Convention on Human Rights. After explaining the basic tenets of legal realism and judicial activism, the presence of activism in the Court’s decisions is analyzed through concrete examples from case law. It is concluded that the Court combines pragmatic elements of legal realism with an effort to strike a balance with the principle of rule of law. Although complete dominance cannot be claimed, it is clear that elements of activism and realism play a significant role in the Court’s reasoning and practice.

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Opća načela međunarodnog prava u slučajevima regije Balkana; studija slučaja Bosne i Hercegovine

Author(s): Vahid Parastash,Mahnaz Goodarzi,Masoud Jafarinejad / Language(s): Bosnian Issue: 96-97/2023

International Law is a system that is responsible for the protection of the rule of law in the international plain and for the achievement of common values such as humanity, justice and security. In that view the general principles of International Law have a very important role as foundations of the legal structure in the international IFAA system and an important place in fulfilling existing vacancies within legal sources and the strengthening of court arguments, moreover criminal law interpretations. These principles guarantee a dynamic of International Law and according to Anthony Casseu, a prominent professor of International Law, they are considered a promising source for International Law. This article is a descriptive inquiry with the aim to analyze the role and placement of general principles of International Law in the subjects tied to the crises in the Balkan region, especially with the case of Bosnia and Herzegovina, before the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia. This inquiry upon researching some of the subjects of the mentioned courts, concludes that using general principles of International Law has made the decisions of the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia more efficient and that it was effective in developing the International public and Criminal Law on an international level.

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IUS ET MARE

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2024

The focus of study is on some general problems of the legal regulation regarding the status and usage of the sea and its littoral. The distinction of these norms as "Roman Law of the Sea" is discussed, as well as the meaning of the designation of the Mediterranean Sea as Mare nostrum. An overview of the legal framework is given from the perspective of Roman concepts of public and private law, and the ius gentium concerning the exercise of supreme military and civil power (imperium).

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РАЗВИТИЕ НА ПРИНЦИПА ЗА НЕРЕТРОАКТИВНОТО ДЕЙСТВИЕ НА ЗАКОНА В РИМСКОТО ЧАСТНО ПРАВО И НАДГРАЖДАНЕТО МУ С ДОКТРИНАТА ЗА ЗАЧИТАНЕ НА ПРИДОБИТИТЕ ПРАВА (IURA QUAESITA) В ИНТЕРТЕМПОРАЛНОТО ПРАВО НА IUS COMMUNE

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 1/2024

The present article traces the development of the principle of non-retroactive effect of the legal provisions in Roman private law and its subsequent upgrade by the doctrine of iura quaesita in the Middle Ages. The doctrine of iura quaesita (vested rights) provides for non-cancellation of dully acquired rights with а retroactive effect. The first part of the article indicates some important sources of Roman law, which establish the principle of non-retroactive effect of the legal provisions. The second part of the article discusses the influence of the doctrine of vested rights on the case-law of the Court of Justice of the European Union, as well as the Bulgarian Constitutional Court. The article reveals how they implement this doctrine in connection with the principle of rule of law, legal certainty, protection of the reliance in the stability and predictability of the established legal order.

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ОЩЕ ВЕДНЪЖ ЗА РИМСКОТО ПРАВО И КОНЦЕПЦИЯТА ЗА „ЮРИДИЧЕСКО ЛИЦЕ“

Author(s): Atanas Shopov / Language(s): Bulgarian Issue: 1/2024

The article makes a non-exhaustive parallel between the characteristics of the legal entities under the Roman law and the concept and characteristics of the modern legal persons (entities) and non-personified legal subject.

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ПРИНЦИПЪТ „NULLUM CRIMEN, NULLA POENA SINE LEGE“ ОТ ДРЕВЕН РИМ ДО ДНЕС

Author(s): Lyuba Georgieva / Language(s): Bulgarian Issue: 1/2024

The principle of legality (nullum crimen, nulla poena sine lege) is a fundamental principle in criminal law. It prescribes that only the law can determine which act is a crime and what is the punishment for it. It is a guarantee of the liberty and equality of citizens. Even if not in this formulation, the principle lays its origins in ancient Rome. It continued to evolve through the Enlightenment and so on to the present and it is included in the constitutions of many countries, as well as in international conventions protecting human rights.

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ЮСТИНИАНОВАТА КОДИФИКАЦИЯ И РАЗВИТИЕТО НА ПРАВОТО ВЪВ ВИЗАНТИЯ ПРЕЗ VII-VIII ВЕК

Author(s): Neli Dimitrova / Language(s): Bulgarian Issue: 1/2024

The article explores the legislation act, adopted at the time of the Iconoclast emperors Leo III an Constantine V. Attention is payed mostly to certain significant differences with Corpus iuris civilis, concretely in the aspects of property, family and penal law. Different possible causes for each of these differences are examined, as they are viewed by several representatives of the doctrine who pay attention to this topic, and the authors gives their personal opinion as well. The most important similarities between the two acts, which justify the belief that the earlier act is the basis for the later one, are also explored.

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ПРАКТИЧЕСКИ ВЪПРОСИ НА СПОГОДБАТА В ДЕЛБЕНИТЕ СПОРОВЕ

Author(s): Vasil Aleksandrov / Language(s): Bulgarian Issue: 1/2024

In the article, an attempt is made to understand some of the difficulties in the agreement in the division process, including those from the practice of the author himself. Of necessity, some issues of a voluntary partition agreement will also be considered, which presupposes the need for distinctions, as well as some related issues of the judicial settlement in the partition process and the voluntary partition agreement. By necessity, the main vices of the judicial award in the case of partition, as well as the contract for voluntary partition, respectively the order of their relief and protection of the parties, have been examined.

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