Juridical Tribune - Tribuna Juridica

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Authors: Professor M. Elvira MENDEZ-PINEDO

During the past decade, new theories of (constitutional) pluralism have challenged the classic authority and primacy of EU law as asserted by the classic jurisprudence of the Court of Justice of the European Union. This school of thought, represented by many different authors, has tried to construct a new horizontal relationship between legal orders and European supreme jurisdictions. Constitutional pluralism has enjoyed doctrinal success but also received harsh criticism. This study reviews the most important literature and argues that the (constitutional) pluralism diverse strands of scholarship represent a continuation of what, in philosophical terms, can be termed “legal perspectivism” as conceptualized by Spanish philosopher Ortega y Gasset in 1923. It explores the question when EU law should have higher authority and primacy over national constitutional laws from both classic and new perspectives. No legal theory of EU constitutional law has so far been universally accepted by all actors. It concludes with the finding that the critique to the unconditional authority of EU law that constitutional pluralists have brought to the European field is still alive and extremely relevant both in theory and in practice.

56 - 68

Authors: Professor Liubov KASIANENKO; Senior researcher Iryna SHOPINA; PhD. student Mariia KARMALITA; Professor Dmytro MULIAVKA

The article deals with the definition of interest in taxation, its manifestations and features of its varieties, applied aspects of implementation. It focuses on the process of tax management, which is based on the interconnection of private and public interest. The authors emphasize that the private and public interest in taxation is implemented through the processes of rulemaking and law enforcement. It is proposed to define the rational combination or balance of private and public interest in taxation as the fair balance between the need to ensure the sustainable functioning of the tax system and the proper satisfaction of the economic and social needs of a particular taxpayer. The authors use methods of comparative legal analysis and legal modeling to describe the relationship between tax management and ensuring the implementation of private and public interest. The following is proposed in the context of the study: the definition of the content and legal nature of private and public interest in taxation, the disclosure of the peculiarities of their combination during the establishment and collection of tax payments in the state, the implementation of a comparative analysis of domestic and foreign legal doctrine and legal practice in this area.

80 - 93

Authors: PhD. Kateryna NEKIT; PhD. Denis KOLODIN; PhD. Valentyn FEDOROV

This article analyzes the concept and legal issues of the Internet of Things to explore whether the existing legal framework is appropriate to deal with this new phenomenon. It examines the system of legal issues in the field of the Internet of Things and the ways of their solution. The attention is paid to the personal data protection issue. The conclusion is made about the necessity to ensure the realization of GDPR provisions concerning privacy outside the European Union, which is possible by the conclusion of international agreements with non-EU countries. The article also considers how it is possible to deal with damage caused by the Internet of Things. This takes into account conditions of compensation of damage caused by IoT devices. The necessity of selfregulation in the field of the Internet of Things for ensuring information security and preventing damage caused by the Internet of Things is emphasized. This would be possible in case of close cooperation between technology companies and civil society. Such an approach would minimize government intervention in this area, which would contribute to the rapid development of innovative technologies.

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Authors: PhD. Roman LIASHUK; Post-graduate student Valeriy VYCHAVKA

The article reveals the results of the study of experience of border guard units of the world's leading countries on combating terrorism and formulation of the prospects of its implementation in the State Border Guard Service of Ukraine (SBGSU). The research was carried out using the methods of legal comparative studies, that is, by comparing the legal support of counter-terrorism units of the state border protection in the leading countries of the world and Ukraine. Based on this, proposals for the improvement of antiterrorism bodies of the State Border Guard Service of Ukraine have been formulated. Ukraine should use the foreign experience in this sphere, namely: create anti-terrorism legislation, which is accurate, clear, addressing real threats; to recognize all terrorist acts as criminal; define the system of bodies engaged in combating terrorism, including border guard authorities, giving them sufficient competence; assign the bodies of the State Border Guard Service of Ukraine anti-terrorism functions; interact with the border guard agencies of different countries in the context of counter-terrorism activities and exchange of information; apply the latest technical and software developments with investigation and identification of terrorists and means of terror; strengthen anti-terrorist activities during border control.

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Authors: PhD. student Princess Thembelihle NCUBE; Professor Howard CHITIMIRA

Market manipulation includes, inter alia, a practice that interferes or attempts to interfere with the free and fair operation of the securities and financial markets by creating an artificial, false or misleading appearance of the price of, or market for, the relevant securities, commodities or financial instruments. Consequently, market manipulation is treated as an offence in many countries, including Zimbabwe. For instance, market manipulation is expressly prohibited under the Securities Act 17 of 2004 (Chapter 24: 25) as amended (Securities Act 2004). In light of this and for the purposes of this article, the adequacy of the statutory prohibition on market manipulation in Zimbabwe will be examined. Accordingly, selected key elements, types, examples, penalties and definitional aspects of the market manipulation offence under the Securities Act 2004 are discussed. This is done to unpack and examine the adequacy of the Securities Act 2004 in relation to the combating of market manipulation in the Zimbabwean financial markets. It is hoped that the recommendations enumerated in this article will enable policy makers to develop optimal regulatory measures that promote investor protection and effectively combat market manipulation in the Zimbabwean financial markets.

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Authors: Assistant professor Nadiia SHULZHENKO; PhD. student Snizhana ROMASHKIN

The present research paper describes the most traditional ways of today’s massmarketing financial crimes such as fraud. Digital banking is now used daily for checking account data, making purchases, paying the bills, transfer money, print statements, etc. Online fraud is a crime committed with on-line software to unlawfully allocate money from both bank' and payment systems' account and/or transfer money to another bank account. Banks are not so much targeted in today's world, there's a lot of money in cyberspace, in modern digital systems and data networks. The main task of this article is to determine the most common forms of online financial crimes, such as “Hacking” or electronic transmission unintended for the interceptor, such as passwords, credit card information, or other types of identity theft. The article discusses the features of legal regulation and the activities of the Ukraine to protect citizens form Internet frauds and to avoid Internet scams, phishing and other cybercrimes in Internet. In this article, we review some principles of qualitative data collection, analysis, and strategic planning to help scientists, lawyers, and law students interested in conducting research in their practice to continue their learning in this area.