The need to expand the range of banking services in Ukraine is stipulated with technological progress, the European integration processes and the legal regime of martial law introduced in the country. Under the conditions of war, the need to strengthen the security of banking activities and protect the banking system from the influence of any internal and external factors gains meaning. The topical direction of economic and legal research of scientists today is the possibility to introduce digital technologies with elements of artificial intelligence (AI) into the banking activity in Ukraine to improve its protection. The AI law as an independent branch of the Ukrainian law has not been developed so far. The sources of AI law, its functions, tasks, scope, risks and limits of legal responsibility for prohibited practices of artificial intelligence have not been defined. The purpose of the article is to analyze the theoretical and legal provisions that underpin the regulation of AI application in Ukrainian banking. The comparative legal method made it possible, considering the provisions of the draft law on AI of the European Union, to determine the trends in the development of the legal regulation of AI in Ukraine. Following the study, proposals to the legislation of Ukraine were formulated, which will contribute to the legal regulation of banking activities using digital technologies with elements of AI.
We examine the role of the North Aceh Government in implementing the Law on the Governing of Aceh (LoGA) as a legal structure in development policy. As a symbol of peace, the LoGA is a reference for accelerating development to alleviate poverty, including North Aceh as a conflict region. However, until now, the area remains the poorest in the province of Aceh. This research used descriptive qualitative methods, evaluating the local government’s performance as policymakers based on the Law by reconstructing policy theory (Easton) and legal system (Friedman). Our findings indicated that the local government needed help implementing LoGA to form development policies to solve poverty. This research suggested the importance of providing legal certainty in the distribution of authority, capacity building, and strengthening of political will for local government conducting its role.
The Guangdong-Macao Intensive Cooperation Zone in Hengqin (Intensive Cooperation Zone) has emerged as a pivotal economic hub, attracting Macao residents and enterprises. However, disparities in contract-related rules between the zone and Macao have led to legal challenges. This article delves into a comparative study of contract laws between the People’s Republic of China (PRC) and Macao. Analyzing key facets such as pacta sunt servanda, freedom of contract, principle of equity, contract form, principles of interpretation, and termination of contract, the study identifies nuanced differences. Recognizing the imperative of aligning contract laws for the Intensive Cooperation Zone’s development, the article advocates for a unified legal environment. To achieve this, the author proposes a model contract law that prioritises the United Nations Convention on Contracts for the International Sale of Goods (CISG) as the basis. Notably, Macao’s contract-related rules should govern aspects not covered by the CISG given the policy trend in the Intensive Cooperation Zone. The proposed model law serves as a foundation for legislative reform, aiming to address the existing disparities and promote the Intensive Cooperation Zone’s economic growth.
This article advocates for a fundamental shift in England’s legal approach to professional negligence, particularly within the domains of accounting and audit. English law should move away from its intricate and unclear case law surrounding professional negligence towards a clearly defined test for professional misconduct. Drawing upon a comparative analysis with the legal framework in the United States, where auditors are not shielded from liability under the law, the article highlights the need for a more consistent and accountable legal landscape in England. One of the main aspects that necessitates change is the proximity test, as set out in the Caparo case, which currently prevents auditors from being held liable for negligence to investors (as third parties)—despite investors relying on auditors for their professional skill to audit accounts. As investors rely on audited accounts when making financial decisions, a well-defined test for professional negligence should align English law with international standards and empower victims to seek compensation from the auditors themselves and/or the auditors’ professional indemnity insurance. Such a change would enhance trust and transparency in the financial domain.
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