Zhurnal grazhdanskogo i ugolovnogo prava

Number 7 (1), 2020

3-10
Social Networks: Problems of Legal Definition and Correlation with Legal Regime of Electronic Media

Authors: Vladyslava M. Zavhorodnia

Abstract

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Number of views: 167

The article is devoted to the study of modern approaches to the legal definition of social networks, electronic media, as well as establishing the correlation between the legal concepts of "social network" and "electronic media". Author analyzes the legislation and practice of Ukrainian courts concerning the activities of social networks, identifies significant gaps in the regulatory framework, as well as critical contradictions in law enforcement practice. The experience of the USA and the EU with regard to the introduction of social networks and user pages into the legal field as specific forms of creation and distribution of information content has been studied. Measures are proposed to amend and the current legislation, taking into account effective foreign practice. The expediency of introducing the term "social media" into the legislation is argued. The nature of activities, both individual bloggers and information groups designed for a wide audience can be attributed as a social media. The status of these actors cannot be unduly regulated, however, it should be different from users for whom the creation and distribution of content is not the main goal. Separate criteria for such a distinction are highlighted, the need for the legislative establishment of identification rules, specific measures of responsibility, opportunities for refuting false information are indicated. It is also suggested to provide, in the case of voluntary state registration, the professional status of a blogger, similar to the status of a professional journalist.

11-19
European Values in Education (Pluralism, Equality, and Non-Discrimination)

Authors: Anna S. Slavko

Abstract

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Number of views: 147

Successful economic and political integration into the Europe is impossible without intellectual and cultural integration, without the perception of European values by the majority of the population. Mostly the perception of values is related to the processes of knowledge acquisition and ideology formation, which are usually part of the educational process. That is why teaching in school and universities should be closely linked to the perception of values. The basic European values in education are pluralism, equality and non-discrimination. These values are enshrined in both the law of the Council of Europe and the law of the European Union. However, law enforcement practices within both organizations show that these values are also the most frequently attacked. In particular, in the cases of Janowski v. Poland, İzzettin Doğan and others v. Turkey ECHR has stressed the importance of pluralism as a marker of a democratic society. The applicants in cases of Folgerø аnd Others v. Norway, Hasan аnd Eylem Zengin v. Turkey, Leyla Şahin v. Turkey, Lautsi and others v. Italy complained of encroachment on pluralism in educational institutions. To the importance of equality and non-discrimination in education ECHR was addressed in the cases of Kjeldsen, Busk Madsen and Pedersen v. Denmark, D.H. and others v. the Czech Republic, Oršuš and others v. Croatia, Ponomaryovi v. Bulgaria, Altinay v. Turkey and others. In Ukraine, both pluralism and equality and non-discrimination are formally determined as the principles of the educational process. However, the analysis of the law enforcement practice shows that in reality the situation is not so comforting. Improvement of the situation is possible because of amendments to the legislation and adjustment of the behavior of educational process participants.