The article is devoted to formulation of theoretical principles and practical recommendations regarding organization and planning of the investigation of criminal offenses in the field of economic activity, which are committed with the participation (assistance) of law enforcement officers. The methodology for the article is chosen taking into account the purpose and tasks, object and subject matter of the study. The research results were obtained with the help of the following methods: dialectical; formal and logical; formal and legal; comparative and legal; historical and legal, complex analysis; analysis and synthesis; axiomatic; system and structural method. The obtained results of the study indicated that organization and planning of the investigation of criminal acts under consideration is a purposeful activity of the authorized bodies, which is carried out under the guidance of the investigator, detective of the pre-trial investigation body. These activities require systematic, comprehensive approach and must take into account a wide range of circumstances that can affect the process and results of the investigation: the nature of the criminal offense, access to the necessary financial, human and technical resources; the competence of the investigator, the detective; terms and deadlines for investigation and presenting materials to the court, establishing effective cooperation between competent authorities. The study highlights the peculiarities of the organization and planning of the investigation of criminal offenses in economic activities, when law enforcement officers are involved, and suggests directions for improving the effectiveness of their implementation.
Surrogacy has opened new doors for many people who need children but are infertile or unable to have children. Through modern scientific technology, couples or mothers can find women to ask them to be surrogates using their eggs or sperm. The nature of surrogacy is reproductive support, but the complexity of the surrogacy procedure causes a lot of controversy not only in the field of criminal law but also regarding its implementation in practice. The article uses qualitative analysis to study current commercial surrogacy formulas. The main goal of this study is to clarify the legal aspects of commercial surrogacy in the world and in Vietnam. The article also concludes that Vietnam and other countries need to agree or develop common principles to avoid cross-border surrogacy as well as establish legal tools to prevent surrogacy for sexual purposes trade to protect human rights and prevent child trafficking.
Personal information is a vital productive commodity in the digital economy, and its processing has seen unparalleled transformations in both breadth and depth. This article proposes to enhance the legal remedies for personal information rights in contemporary China. Research has revealed multiple practical challenges in China’s judicial practices, such as hesitance to prosecute owing to an absence of substantial legal foundation, improper distribution of the burden of proof, and inadequate integration of criminal-civil judicial safeguards for personal information. This paper advocates for China to elucidate the definition of personal information rights via legislation, enable the litigation of personal information infringement cases, and establish explicit criteria for their acceptance into judicial proceedings. Furthermore, China must develop an appropriate structure for distributing the burden of evidence. It must also use discretionary judgment to properly tackle the problems related to evaluating damages in instances of personal information violations.
The use of autonomous weapons systems (AWS) has led to several opposing legal opinions regarding their violations of international law. The responsibility of the state, individuals, and corporations as producers, designers, and programmers is all being taken into consideration. If the decision to kill humans without “meaningful human control” is transferred to computers, it would be hard to attribute accountability for the actions of AWS to their corporations. Consequently, this means that corporate actors will enjoy impunity in all cases. The present paper indicates that the most significant problem arising from the use of AWS is the attribution of responsibility for its violation. Corporations are not subject to liability for the legitimate use of weapons under international law. The main problem with corporate responsibility, according to article 25 (4) of the Rome Statute, is that the provision only relates to individual criminal responsibility and that the ICC shall only have jurisdiction over natural persons. Nevertheless, corporations may be held accountable under aspects of international law. The paper proposes a more positive view on artificial intelligence, raising corporations’ accountability in international law by historically linking the judging of business leaders. The article identifies aiding and abetting as well as co-perpetration as the two modes of accountability under international law potentially linked to AWS. The study also explores the main ambiguity in international law relating to corporate aiding and abetting of human rights violations by presenting the confusion on determining the standards of these 2 modes of liability before the ICC and International ad doc Tribunal. Moreover, with the new age of war heavily dependent on AI and AWS, one cannot easily and precisely ascertain who must be held accountable for war crimes because of the unanticipated facts in decision-making combined with the aiding or abetting of violations of international law. International law prioritizes the goal of ending impunity for the individual and largely neglects the need to achieve the same goal for corporate complicity. In sum, progress to regulate the use of AWS by corporate actors could be enormously helpful to the cause of ending impunity.
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