Tag: martial law

Protection of personal information and privacy using innovations and the latest scientific achievements

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. Protection of personal information and privacy using innovations and the latest scientific achievements//Science online: International Scientific e-zine - 2024. - №12. - https://nauka-online.com/en/publications/jurisprudence/2024/12/09-18/

Annotation: In this article the question of defence of the personal information and detail is investigated in the conditions of development of technological processes, innovations, scientific achievements, processes of globalization, martial law, and others like that.In particular, maintenance of these rights opens up and the order of their realization is analysed taking into account the newest achievements.Yes, aspects are foremost illuminated, when a right is violated on a detail and protection of the personal data : collection treatment, maintenance and use of the personal information for creation of profile of user of cookiefiles, watching and decoding of data by the research and information centers of company Google, capture of the personal data by means of street video of supervisions in particular at participating in the mass meeting, out-of control height of influence of transnational IT companies. Carrying out the analysis of current legislation in the field of adjusting of protection of the personal data, an author comes to the conclusion, that these norms are especially general, and for today relatively out-of -date. Carrying out the analysis of current legislation in the field of adjusting of protection of the personal data, an author comes to the conclusion, that these norms are especially general, and for today relatively out-of-date. Any references are absent to that exactly must fall under the categories of open и of the closed personal information, the concrete measures of influence are absent in connection with illegal collection and treatment of the personal information, not worked out measures of establishment of winy persons, and others like that.All this indicates the need to develop a new legislative framework, taking into account the challenges of today. In the future, it is proposed to borrow the experience of EU countries and the implementation of international norms into national legislation.Also, the problem aspects of defence of the personal information and detail open up in the conditions of introduction to Ukraine of martial law. Analysing norms that were accepted for adjusting of certain questions of the use of the personal data in the conditions of martial law, drawn conclusion, that they touch government bodies only, and in any way does not behave to the rights for citizens.As a research result, specified, that in the epoch of development of information technologies a right on a detail and defence of the personal information became the same inalienable value, as a right on life, and that is why, needs the clear, clever and effective fixing at legislative level.

Subjects of the investigation of war crimes during the period of marital state in Ukraine

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and . Subjects of the investigation of war crimes during the period of marital state in Ukraine//Science online: International Scientific e-zine - 2024. - №11. - https://nauka-online.com/en/publications/jurisprudence/2024/11/10-19/

Annotation: Provides a comprehensive analysis of current approaches to the investigation of war crimes in Ukraine in the context of the ongoing war and intensification of aggressive actions on its territory. Particular attention is paid to the challenges faced by pre-trial investigation bodies, in particular those related to global geopolitical changes, legal and regulatory gaps, as well as security issues, tactical difficulties and logistical challenges in collecting evidence and conducting investigative actions. The author systematizes the main problems and barriers faced by law enforcement agencies and proposes new approaches to overcome them.

Інновації у банківській діяльності в умовах воєнного стану

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. Інновації у банківській діяльності в умовах воєнного стану//Science online: International Scientific e-zine - 2024. - №12. - https://nauka-online.com/en/publications/economy/2024/12/06-18/

Annotation: The peculiarities of implementing innovations in banking activities under martial law are examined. Key directions of financial technology development are analyzed, including the digitalization of banking services, strengthening cybersecurity, adapting to customer needs during a crisis, and introducing new payment instruments.

The influence of martial status and the application of the practice of the ECTHR in the implementation of the principles of observing reasonable deadlines

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. The influence of martial status and the application of the practice of the ECTHR in the implementation of the principles of observing reasonable deadlines//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/05-17/

Annotation: This article analyzes the criminal procedural legislation of Ukraine and the application of the practice of the European Court of Human Rights in the implementation of the principles of observing reasonable deadlines, as well as the impact of martial law introduced in Ukraine on the process of observing reasonable deadlines. Therefore, the implementation of criminal proceedings is based on the principles approved by the current criminal procedural legislation. An important component of which is the reasonableness of terms, which is enshrined in Art. 28 of the CCP of Ukraine. Reasonable terms are terms that are objectively necessary for the execution of procedural actions and the adoption of procedural decisions. They cannot exceed the deadlines for the execution of certain procedural actions or the adoption of certain procedural decisions provided for by the Criminal Procedure Code of Ukraine. The criteria for determining the reasonableness of the terms of criminal proceedings are: 1) the complexity of the criminal proceedings, which is determined taking into account the number of suspects, accused persons and criminal offenses in respect of which the proceedings are carried out, the scope and specifics of the procedural actions necessary for the implementation of the pre-trial investigation, etc.; 2) behavior of participants in criminal proceedings; 3) the manner in which investigators, prosecutors, and courts exercise their powers. It was established that in connection with the martial law, changes were introduced and made to the Code of Criminal Procedure of Ukraine regarding procedural terms, when the course of criminal proceedings provided for by the code does not correspond to the current state of affairs. It was also established that the Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (European Convention on Human Rights), which was ratified by Ukraine on July 17, 1997, as well as additional protocols to it (all of which were ratified by Ukraine), is subject to application in Ukraine as part of its national legislation in accordance with Article 9 of the Constitution of Ukraine. It has the highest legal force in relation to all acts of national legislation, with the exception of the Constitution of Ukraine. It is argued that there is an urgent need to determine the terms of the trial of criminal proceedings not as reasonable, but as procedural with specifically defined limits and reasons for their extension, to establish the procedure and grounds for holding judges accountable for delaying the trial, to introduce a procedure for compensation for damages stipulated in the consequence of delaying the process.

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