Since the virtual space is a borderless space and the established rules are based on the principles of territorial sovereignty, the existing rules and principles must either be changed or new jurisdictional principles need to be created for this space. At present, a number of national courts use principles established by taking into account the interests of their territories or citizens. If any criminal behavior of an individual in the virtual space affects the citizens of many states, there is no universal international source for proportionately compensating the loss. Therefore, there is a need for international cooperation and harmonization of national legal regulations to solve jurisdictional problems in virtual space. Also, the development of common standards around the world may be of particular importance to overcome the limitations of traditional jurisdiction and ensure adequate jurisdiction in cyberspace. The issues mentioned in the article have been studied in detail, and practical suggestions for solving the jurisdictional problem in the virtual space have been presented based on court experience.
Müəllif :
Elnur Humbatov
Nəşr tarixi : 2023
The welfare state, which we often find in legal literature, includes a complex system of relations. This activity aimed at ensuring human satisfaction and happiness is the highest goal of most developed countries in modern times. It seems possible to achieve this goal by raising the standard of decent living and ensuring the everyday rights included in the system of decent life rights. However, it should be taken into account that the right to a decent life is a system of norms that does not have a single consensus and has a relative character. That is why the analysis of this right by individual regions is considered necessary. The right to a decent life, which was extensively analyzed by the author in previous research materials, is examined this time in the regional context - in the American region, where the foundations of the formation of the welfare state are determined. Increase of the role of the state in the regulation of the socio-economic sphere and the formation of strong state control is especially emphasized as the most important reason for the transformation of the Americas into a land of prosperity which is considered a characteristic feature of the last decades. In the article, the acts determining the standard of decent living in the American region were examined, the organizational mechanisms in this field were analyzed, a comparative analysis was made from the aspect of decent life among the countries located on the continent, and suggestions were made.
Müəllif :
Malakkhanim Rahimova
Nəşr tarixi : 2023
In the article, the issues of the legal status of non-governmental organizations in the legislation of the Republic of Azerbaijan are widely analyzed based on the diversity of opinions in the legal literature and international practice. A detailed analysis of the mentioned directions fully reveals the main features of national legislations related to international non-governmental organizations. These characteristics differ from state to state, and the main differences are determined according to international law. Most studies agree that NGOs are voluntary, non-profit, self-governing institutions independent of the state, created to achieve common goals for all participants. This concept is a common character for the legislation of the Republic of Azerbaijan and other democratic, legal states.
Müəllif :
Elnara Mirzayeva
Nəşr tarixi : 2023
The rapid development of artificial intelligence (AI) and robotics technologies has brought new challenges to criminal liability. This article examines the complex legal and ethical issues of who is responsible when AI systems and bots commit malicious or criminal acts. The discussion will focus on the evolving landscape of AI and robotics, including self-driving cars, chatbots and autonomous drones. Drawing on legal precedent and emerging ethical frameworks, this article explores the nuances of attributing criminal liability to various stakeholders in AI and robotics cases. We explore the blurred lines between human behavior and AI decision-making, focusing on issues such as algorithmic bias, levels of autonomy, and intent in AI operations. It also assesses the role of manufacturers, programmers and operators in shaping the behavior and potential responsibilities of these intelligent systems. The document also considers the need to update legislation and international conventions to ensure a harmonized legal framework for criminal liability in the field of artificial intelligence and robotics. Assess the difficulties of enforcing liability, the limitations of existing laws, and the need for ethical AI development practices to prevent future harm..
Müəllif :
Dr. Hisham Jadallah Mansour Shakhatreh
Nəşr tarixi : 2023
The present article analyses Congo v. Uganda case from the perspective of compensation from Armenia for the damage caused to Azerbaijan for international wrongful acts in Karabakh and surrounding regions. In particular, the article looks at the type of damage, amount of compensation, evidences of the parties, position of various international and regional courts, concept of ‘continuing violation’, and possible scenarios of claiming damage from Armenia. The article also discusses the application of ‘res judicata’ principle by ICJ, obligations of an occupying state to prevent human rights violations and humanitarian law, obligations of the parties as to submission of evidences, examples of setting a compensation amount per the violation, importance of environmental damage, etc. The article contains a number of conclusions, including non-exclusion of the responsibility of the state when natural persons are found guilty for the acts committed; responsibility of the state occupying the territories and keeping them under its effective control for the actions of the persons included in its armed forces in those territories; responsibility for the damage caused as a result of the actions of groups and individuals not subject to it; importance of addressing compensation issues in a peace agreement between the parties, etc
Müəllif :
Mahammad Guluzade
Nəşr tarixi : 2023
Abstract This scholarly article undertakes a comparative analysis of the court review process and legal complexities surrounding mental illness within the criminal codes of Azerbaijan, Turkey, and Italy. The study delves into the various stages of court proceedings, evaluating the impact of mental health on criminal liability and exploring specific legal measures applicable to individuals with mental disorders. The examination encompasses court decisions and plenums, providing an in-depth discussion and comparison of the degree of mental illnesses and criminal responsibilities developed by perpetrators after committing a crime in the legal systems of all three countries. The overarching theme underscores the significance of considering mental health in criminal proceedings to uphold fairness and justice within the legal systems.
Müəllif :
Lale Mammadova, Ayan Zeynalova
Nəşr tarixi : 2023
The rapid development of information technologies and their wide use in various fields have affected intellectual property legal relations as well as other legal relations. The digitization of economic relations, the more accessible, profitable, and convenient implementation of commercial activities using electronic means make it necessary to ensure the protection of industrial property objects. As a result of the rapid development of information technologies, the nature of legal relations is changing, new types of relations are emerging. In such a case, there is a need to hold important discussions about protection from future legal disputes and determination of effective regulatory means. An example can be given by determining the need to change the substantive and procedural legal norms regarding the registration and protection of trademarks in a new form in audio format. In the article, a comparative analysis of the legislation of different countries was carried out, and the recommended practice announced by international organizations was referred to.
Müəllif :
Akbar Aliyev
Nəşr tarixi : 2023
l technologies and alternative credit assessment techniques. It discusses the profound impacts of these methods, from improved efficiency and risk management to enhanced customer experience and expanded credit accessibility. The paper also underscores the transformative role of FinTech in driving these innovations and the evolving regulatory landscape necessitated by such advancements. It highlights the improved financial inclusion resulting from these innovations and the potential for sustainable lending. Amid these benefits, the paper underscores challenges related to data privacy, ethical considerations, and regulatory compliance. Finally, it proposes future perspectives, emphasizing the need for banks, customers, and regulators to navigate these challenges effectively for the optimal realization of the benefits of these innovations in lending.
Müəllif :
Farahim Huseynzade
Nəşr tarixi : 2023
In the article, the materials presented by the world's leading news agencies in this direction during the Patriotic War are discussed. The materials provided by the “Associated Press”, “United Press International” of the USA, and the “Reuters” agencies of Great Britain during the war were examined, and the biased position of those resources that did not conform to the principles of journalism in relation to the Second Karabakh War was analyzed. In contrast to the main news agencies of the world, the materials prepared by the Turkish media during the war drew attention for their objectivity and impartiality, which were reflected in the study.
Müəllif :
Parvana Ibrahimova
Nəşr tarixi : 2023
Məqalədə 8-ci və 9-cu “hava azadlıqları”-nın (kabotaj azadlıqların) əsas mahiyyətinin müəyyən edilməsi, kabotaj azadlıqların müasir nəzəri və praktiki aspektlərinin izahı, bu azadlıqların hava əlaqələrinin müasir beynəlxalq-hüquqi tənzimlənməsində əsas rol oynaması və onların Respublikamızda tətbiq olunmayan qrupunun tətbiqi perspektivləri və bunlarla bağlı qanunvericilkdə mövcud olan ziddiyyətlər göstərilərək müəyyən təkliflər verilmişdir.
Müəllif :
İ.O.Quliyev, Z.Z.Xəlilov
Nəşr tarixi :
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