Problems of legality

Ways to Protect Infringed Rights in the Creation and Distribution of Deepfakes

Alevtyna Biryukova — 2024-04-09

The article is devoted to the analysis and development of effective ways to protect violated rights in the context of widespread use of dipfakes, which is especially relevant for Ukraine in the context of the Russian-Ukrainian conflict and in the context of globalization of digital communications. The article focuses on the challenges faced by the legal system due to the use of dipfaces to manipulate public opinion, undermine the authority of state institutions and individuals, and the problems of using this technology for commercial purposes. The purpose of the article is to highlight the issue of diphoning in the context of rights violation, and also to propose specific ways to address it, which is a relevant contribution to the development of legal science and practice of rights protection in the digital era. The article applies a comprehensive research approach which combines the analysis of legal acts to identify the existing legislative framework and its adequacy in the context of digital rights, comparative analysis to compare Ukrainian and international experience in regulating digital technologies, and case studies to specify examples of the use of digital rights and their impact on society and individuals. The use of these methods allowed us to analyze the issue in depth, identify key challenges, and propose effective ways to protect violated rights. Particular attention is paid to the analysis of the current state of Ukrainian legislation on digital technologies and information security, and to the identification of gaps that do not allow for effective counteraction to abuses in the field of creation and distribution of digital files. The article aims to identify the key areas of legal reforms necessary to strengthen the protection of individual and collective rights in the context of digital challenges. The study covers international experience and practices of digital space regulation, in particular in countries with developed legal systems in this area, such as the United States, Australia, and Germany. This will allow us to compare and adapt the best international practices to the Ukrainian context.

Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms

Sergiy Vavzhenchuk — 2024-04-09

Abstract

In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

Creative industries: concept, features, and problems of legislative interpretation

Anna Shtefan — 2024-04-09

The article explores the concept of creative industries, suggests their features, and analyses the list of creative industries of Ukraine in terms of correctness of legislative interpretations and substantive compliance with creative fields of activity. The definition of creative industries has been improved: these are areas of economic activity that create (produce) goods and/or provide services based on the use of intellectual (creative) capital and commercialize them by combining creative results with business solutions, which leads to the creation of added value and jobs. The use of the National Classifier of Ukraine DK 009:2010 "Classification of Types of Economic Activity" as the basis for the list of creative industries in 2019 was a wrong decision which, however, logically follows from the definition of creative industries introduced in 2018 in the Law of Ukraine "On Culture" which qualifies them as types, not spheres of economic activity. The literal application of this concept has led to the fact that the national list of creative industries has the following shortcomings: 1) artificial segmentation of one field of activity into several creative industries; 2) artificial unification of different areas of creative activity into one creative industry; 3) absence in the list of fields of activity which are essentially creative industries; 4) coverage by the list of fields of activity which do not produce creative products and do not provide creative services. It is concluded that a new, qualitatively different list of creative industries needs to be approved.

Virtual arbitration hearing: arbitrator's discretion or the right of the parties?

Serhii Kravtsov — 2024-04-09

Today, international commercial arbitration remains one of the most effective ways to resolve disputes complicated by a foreign element. Parties to a dispute, preferring arbitration, wish to obtain the desired result in the shortest possible time. This is achieved because the parties to the arbitration proceedings themselves are endowed with an arsenal of rights that are not inherent in national courts: the right to choose a particular arbitration, the composition of the arbitral tribunal, and the law to be applied in the dispute. This is a manifestation of the "autonomy of will" of the parties to the dispute. However, despite such a broad scope of powers, some powers of the arbitral tribunal, which is chosen by the parties, cannot be limited. Although the discretionary powers of international commercial arbitration are regulated by national arbitration laws and rules, their exercise may sometimes contradict the fundamental principles and standards of effective arbitration. One of such powers is the right to determine the format of arbitration hearings, since it is by exercising this right that the arbitral tribunal may make its own decision without taking into account the views of the parties to the dispute. The article provides a comparative legal analysis of arbitration legislation, rules and law enforcement practice of national courts with regard to the possibility of determining a virtual hearing as the most efficient format for consideration of a case. Particular attention is paid to the imperfection of Ukrainian legislative regulation and the lack of a single, consistent court practice on these issues. Therefore, the conclusions propose to eliminate the shortcomings in the legal consolidation of such definitional constructs as "hearing" and "oral hearing".

Implementation of the Ecosystem Services Concept in the Environmental Legislation of Ukraine: Current State and Prospects

Evgeny Suetnov — 2024-04-09

The article outlines the general principles of the concept of ecosystem services and examines the current state and prospects of its implementation in national environmental legislation.

It is established that the need to introduce this concept has already been envisaged by a number of strategic programmatic documents, headed by the “Basic Principles (Strategy) of the State Environmental Policy of Ukraine for the Period up to 2030”, but this concept is still not reflected at the level of key environmental legal acts, in particular, the Law of Ukraine “On Environmental Protection” and resource-specific codes and laws which not only lack any mention of ecosystem services, but also hardly ever use the term “ecosystem” at all.

It is proved that one of the ways to implement the concept of ecosystem services in Ukraine is to develop an appropriate legal framework, namely: The Law of Ukraine “On Ecosystem Services” and other related bylaws, which should be done in the near future. At the same time, it is substantiated that in addition to the adoption of new legislation in this area, it is extremely important to analyze the current environmental legislation through the prism of the ecosystem approach and make appropriate changes and additions to it, since only under such conditions can legislative gaps and conflicts be avoided and a coherent model for implementing the concept of ecosystem services be developed, which in the current realities of the armed aggression of the russian federation will help to assess and take into account all the damage caused to the environment of Ukraine.

Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services

Olga Bakalinska — 2024-04-09

The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the National Commission for Control over the Market of Non-Banking Financial Services), the formal-legal method (for establishing the content of legal norms), the formal-logical method (for identification of shortcomings in national legal regulation), comparative legal method (for studying the experience of other countries and determining the prospects for implementing their principles of activity in the national legal field). It has been studied that the special status of the commission is that it ensures the stability of the entire non-banking financial system of Ukraine, establishing the requirements that such institutions must meet, namely requirements for: liquidity, solvency, capital, asset quality, risk level of operations, profitability. The work examines the relationship between the commission and the National Bank of Ukraine, their cooperation in the market, which consists in the development of regulatory and legal acts and their approval. The need for the National Bank of Ukraine to delegate its powers to the National Commission for Control of Non-Banking Financial Services in relation to: registration of market participants, licensing of non-bank financial institutions, determining the procedure for issuing and canceling a license, approving the terms of operation of such institutions. In view of this, a new model of state regulation on the market of non-banking financial services was proposed in the form of concentration of all control functions on the market in a single operationally independent regulator - the National Commission for Control of Non-Banking Financial Services, which is in close cooperation with the National Bank of Ukraine and by the National Securities and Stock Market Commission. Also, the article emphasizes that regulation by the National Commission for Control of the Market of Non-Banking Financial Services should be complemented by a system of self-regulating participants in the market, which are an additional tool to state regulation.

Problems of legal regulation of thin capitalization in Ukraine

Serhii Pyroha — 2024-04-09

The proliferation of multinational companies is lengthening global value chains, and the development of the digital economy is giving them even more opportunities to shift profits. Intra-group loans are often used to shift profits to a jurisdiction with low tax rates to minimize overall tax liability. In order to combat the illegal transfer of profits, most countries introduce thin capitalization rules. Ukraine joined the BEPS plan, action 4 of which summarized the best practices for regulating debt obligations to non-residents. Most countries limit the total amount of loans, interest payments on which are deducted from the corporate tax base. The Tax Code of Ukraine establishes a double tax barrier - it limits both the amount of debt and the share of profit before deduction. However, the established barriers not only do not prevent profit shifting, but encourage the widespread use of this method to reduce tax liabilities due to profit shifting. The main drawback of thin capitalization rules is that allowed excessive amounts of loans from non-residents do not oblige the borrower to improve the financial results of the enterprise. Instead, they provide an opportunity to reduce the corporate tax base by 30% indefinitely and move them to jurisdictions with low tax rates. The method of regulation provided for by the Tax Code of Ukraine can be considered as an incentive for the misuse of State budget funds. In order to eliminate these shortcomings, it is proposed to significantly reduce both barriers and to oblige the borrower to ensure the effective use of loans to stimulate the socio-economic development of the country, i.e. to deduct interest from taxable profit only if there is an actual increase in the produced added value, the introduction of new products and/or processes. Existing shortcomings in the legal regulation of debt obligations prevent legal resolution of the case in court. New criteria for identification of the resident with regard to individuals and legal entities and the beneficial owner of income have been proposed.

Dynamics of legal regulation of exemptions in the payment and calculation of land fees in the conditions of martial law on the basis of judicial practice

Vladyslav Harkusha — 2024-04-09

The relevance of the research topic is stipulated by the new challenges faced by our country in connection with the armed aggression of the Russian Federation against Ukraine and the need to adapt the legal regulation of land payment in terms of its calculation and payment during the period of martial law. The purpose of the article is to trace the dynamics of legal regulation of land payment during martial law, and to review the current case law of both national courts regarding the resolution of disputes on the cancellation of a tax assessment notice and the case law of the European Court of Human Rights in terms of determining the conceptual foundations for the construction of legal provisions. The study of the issue of payment and accrual of land payment is of both applied and theoretical nature, since violation of the means and rules of rule-making technique leads to tax disputes. The analysis of legal constructions of the Tax Code of Ukraine and other regulatory legal acts made it possible to identify problems in the regulation of land payment, which consist in violation of the rule of law principle provided for by the Constitution of Ukraine. The Constitutional Court of Ukraine has defined the principles of legal certainty and legal predictability as components of the rule of law. The inconsistency of the provisions of the Tax Code of Ukraine and bylaws has led to a dual interpretation of their rights and obligations by taxpayers and controlling authorities. The author analyzes the positions of the controlling authorities in terms of amendments to the regulation of the calculation and payment of tax liabilities for taxation of land plots located in the temporarily occupied territories or in the territories where military operations are (were) conducted.

Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation)

Olha Lohvinova — 2024-04-09

The relevance of the research topic is determined by the current state of social relations. It is noted
that the analysis of modern social relations cannot be carried out outside the boundaries of significant
challenges that require not only their understanding, but also consideration in the relevant reform measures.
The most important challenges today are the following: Russia's war with Ukraine; European integration
processes that characterize modern trends in Ukrainian development; digitization of all aspects of public life.
Given the problems associated with this, the article defines both objective reasons that affect tax relations, as
well as requirements that are subjective in nature.
The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.
Attention is focused on the fact that war, European integration and digitalization are among the most
influential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means that
guarantee the effectiveness of tax legislation. These aspects are the subject of analysis.
Traditional methods of scientific knowledge are used in the research, thanks to which a systematic
idea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristics
of the influence of martial law on tax regulation are carried out depending on the stages. The beginning of
the first is associated with 2014, while the second - with 2022. Despite common features (narrowing of the
territories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),
differences in the content of these stages have been singled out. European integration processes, which
reflect the movement of Ukraine towards the European community, provide for the adjustment of the nature
and content of tax legislation in the following directions: a) adaptation of the current tax legislation of
Ukraine to European requirements; b) consideration of European prescriptions at the stage of development
of zocono projects; c) achieving a balance of acts of the national legislation system.
Three areas of relations, which most fundamentally affect the legal status of tax regulation, have
been studied. The prospects of tax changes depending on the state of war, the prospects of the impact of
harmonization of EU legislation and national legislation, the need to take into account the processes of
digitalization of tax relations are considered.
On the basis of the conducted research, conclusions were made and recommendations were made
regarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the border
with other industry regulations. Adjustment of the current set of legislative norms determines the importance
of a systematic approach to the turnover of virtual assets. The formation of a generalized, systematic
approach to these relations is fundamentally important. In order to achieve such a state, it is very important
to supplement the private law means of regulating the circulation of virtual assets with effective tools of
public and legal influence (taxation, supervision, public control). The study analyzes the substantive factors
of the regulation of such relations proposed by the two draft laws.

Terminological support for the systematicity of tax regulation as a basis for achieving a balance of interests of participants in tax relations in Ukraine

Oleksandr Savvi — 2024-04-09

The relevance of the research topic is backed by the fact that the current tax legislation and other industry
legislation bordering on tax regulation cannot be defined as a systemic, coordinated framework. There are
fundamental differences both between certain legislative acts and between certain legislative norms within
one act. The relevance is further forced by the fact that the respective influence on achieving systematic tax
legislation is yet to be taken into account considering the provisions of the Law of Ukraine "On Policy-
Making Activities". The purpose of the article is to analyze the terminological aspects that express the
content of tax regulation, which is carried out in view of the systemic criteria for composition of tax law. The
research applies methods of scientific knowledge that specify the problematic nature of the consideration of
issues, namely the systematic method (through which the systematicity of tax law and the systematicity of tax
legislation is investigated), comparative (through which a comparative analysis of the development dynamics
and changes in legislative norms is carried out), prognostic (through which the conclusions regarding the
prospects for changing the tax legislation system are made). The comparative nature of the system of both tax
law and tax legislation is researched. The tax glossary is characterized through the possibilities and
consequences of formulating a stable construction of definitions that expressly ensure tax regulation. The
analysis of the raised issues is carried out through determining a number of aspects based on the assessment
of the norms of the Law of Ukraine "On Policy-Making Activities". The classification of laws in the context of
tax regulation is provided. The system of legislative impact is based on the consistency of the relevant rules
from a constitutional norm to a norm of a bylaw . Emphasis is placed on two original constitutional
constructs (Articles 67, 92 of the Constitution of Ukraine), which are further specified in the relevant tax
legislation. On the basis of the conducted research, conclusions and recommendations were developed that a
clear consideration of a particular balance of norms contributes to the elimination of gaps and conflicts in
tax regulation. Achieving a balance of interests of the participants in tax relations cannot occur in case of
systematic ignoring and violation of policy-making procedures. Article 4 of the Tax Code of Ukraine
establishes unanimous requirements regarding the stability of tax legislation, the objective necessity of a
certain period of delay between the moment of adoption of a legislative norm and its entry into force.

Novelization of the provisions of the criminal legislation of Ukraine, which provide for liability for medical crimes and misdemeanors: issues of interpretation and enforcement

Serhii Grynchak — 2024-04-09

The problems of criminal law protection of life and health of a person in the field of medical care attract the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanours, their further pretrial investigation and trial, give grounds for serious concern. The reasons for the negative investigative and judicial practice may be the shortcomings of the legal construction of the norms, numerous changes made to the Criminal Code, as well as the high latency of medical offenses. Therefore, the purpose of this article is a comprehensive study of the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, identifying the shortcomings and advantages of such legislative decisions, as well as formulating separate recommendations for the enforcement of the norms of the Criminal Code. The following research methods were used to achieve the specified goals. The dialectical method of cognition made it possible to establish the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and to reveal the problems of their enforcement. The historical method made it possible to identify all normative acts that amended the norms of the Criminal Code, which provide for liability for medical offenses. The dogmatic method made it possible to clarify the true content of such concepts as "order of application of transplantation", "activity connected with transplantation", " substantial harm to the victim's health", etc. The systemic-structural method was used to analyse such evaluative concepts as "damage to the victim's health", " substantial damage to the victim's health", "severe consequences", etc., which are used in many provisions of the Criminal Code and are interpreted in different ways in judicial practice. The comparative legal method was used to compare the regulatory national legislation of Ukraine in the field of medical care and the relevant norms of the Criminal Code of Ukraine. The conducted research gave grounds for the conclusion that socially dangerous consequences in the form of "substantial harm to the victim's health", which are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of light physical injuries on the victim that caused a short-term health disorder or minor loss of working capacity, moderate physical injuries, severe physical injuries, as well as infection with the human immunodeficiency virus or other incurable infectious disease. At the same time, negligently causing the death of a recipient during an illegal transplantation requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of different evaluation concepts of harm to human health in the norms of the Special Part of the Criminal Code point to the urgent need for unification in the criminal legislation of Ukraine, both the concept of "harm to health" and the normative consolidation of its types.

Liability for Violation of the Obligation of Care in the Criminal Code of the Republic of Poland

Oleksiy Zaytsev — 2024-04-09

The problem of non-fulfilment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system, and income level of the population. Ukraine has been in the process of integration with the European Union for a long time, so it is useful to study the foreign legislative approach to the regulation of responsibility for the violation of these obligations. The purpose of the article is to study the Polish experience of establishing criminal liability for non-fulfilment of child care obligations. In the research dogmatic, systemic-structural, statistical, historical-legal, formal-legal methods were used. Attention is paid to the legislation of the Republic of Poland, which provides for the right and duty of parents to care for and raise children. The genesis of the criminal law regarding responsibility for violation of these duties in the Criminal Code of 1932, 1969, and 1997 is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2009–2020) are summarized. The peculiarities of the structure of the crime composition provided for in Art. 210 of the Criminal Code of the Republic of Poland were studied; objective and subjective signs. The analysis was carried out on the basis of the doctrine of Polish criminal law and the practice of courts of general jurisdiction, in particular the Supreme Court of the Republic of Poland. The practice of the Constitutional Tribunal of the Republic of Poland was used. Based on the results of the research, conclusions were formulated regarding objects of criminal law protection; objective and subjective side and subject composition. The differentiation of criminal liability in case of causing death to the victim was noted. The legislator also provided in cases of this crime the possibility of notifying the competent family court about the expediency of deprivation or limitation of parental or guardian rights in case of committing a crime to the detriment of a minor or in complicity with him. The separation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against the family, as well as the improvement of criminal legal measures against persons who have committed such crimes, is supported.

Prohibitions in criminal law

Oleh Serpak — 2024-04-09

The article is devoted to the analysis of prohibitions in criminal law (criminal law prohibitions). Despite the fact that the issue of criminal law prohibitions is becoming increasingly relevant, it still remains poorly researched and controversial.

This paper lays down the methodological foundations for the study of prohibitions in criminal law. In particular:

1) the author distinguishes between the concepts of «criminal law», «criminal legislation» and «criminal code»;

2) the author examines national criminal law through the prism of the public law branch of Ukraine (analyses certain aspects of criminal law regulation and criminal law relations; expresses the author’s position regarding the powers of entities representing the State in criminal law relations)

3) the author defines the concept of «criminal law provision», identifies its features, studies its structure, and also identifies the criteria for its classification.

Taking into account the conclusions on the above issues, the author analyses prohibitions in the criminal law of Ukraine: the author proposes a definition of this term, identifies its features, makes its classification, and studies the legal consequences of violation of domestic criminal law prohibitions.

The scientific work also contains the results of a study of foreign experience. Thus, the criminal legislation of the former USSR republics was subjected to a thorough study. The author notes that there are two models of understanding the concept of «prohibition in criminal law».

In writing this article, the author used scientific works of Ukrainian and foreign legal scholars, as well as domestic and foreign regulatory legal acts.

For a more detailed understanding of the subject matter of the study, the article is illustrated with three author’s diagrams and one map.

The research work is a multidimensional analysis of prohibitions in criminal law, which allows for further development of this topic.

UN General Assembly Resolution 76/262 as a strengthening of the collective response to the use of the veto right in the UN Security Council

Valentyn Serdiuk — 2024-04-09

The article describes the legal nature of United Nations General Assembly Resolution 76/262 (A/76/L.52) entitled "Standing mandate for a General Assembly debate when a veto is cast in the Security Council", adopted on April 26, 2022. We have analyzed this topic due to its relevance and the emergence of a new procedure of the United Nations General Assembly, aimed at increasing of the transparency and accountability of the United Nations Security Council, as a result of the ineffective activity of the Security Council in crisis in which our world finds itself today, in particular due to armed conflicts in Ukraine and the Middle East, which have led to complex humanitarian consequences. Many states and scientists have been expressing their interest in the issue of Security Council reform for a long time. We deeply researched the Resolution which is the first in a long time and a significant legal instrument that changes the existing mechanism of the functioning of the United Nations and has revived the discussions on the need for a complete reform of the Security Council in accordance with Resolution 62/557 of December 15, 2008. The purpose of the article is an overview of the new Resolution 76/262, namely the reasons and expediency of its adoption, cases of application and its effectiveness in modern conditions. The methodological basis of the study are the following general scientific and special methods of cognition of legal phenomena: the method of the philosophical level – the dialectical method; empirical methods – comparative, observation and description methods; general logical methods – analysis, synthesis; specially-legal method. The article analyzes the main provisions of Resolution 76/262, the reasons for its adoption, examines cases of its application, and draws conclusions about the effectiveness of this resolution. We have differentiated the procedures provided for by Resolution 76/262 "Standing mandate for a General Assembly debate when a veto is cast in the Security Council" and Resolution 377 (V) "Uniting for Peace". We have reviewed the international legal conceptual foundations of the need to apply the resolution. The topic of reforming the United Nations against the backdrop of the current world security crisis is very important and relevant for further research by domestic scientists in order to formulate their own proposals, approaches and scientific justifications in the modern Ukrainian science of international public law, as well as for the scientific enlightenment of society in this of knowledge.

Foreclosed Collateral as an Alternative for Bad Credit Settlement in Indonesia

Muhammad Adam Furqon — 2024-04-09

Credit loans have the risk of not fulfilling payment obligations. Therefore it is necessary to bind collateral to get a repayment with collateral. if it cannot be anticipated anymore, then lousy credit will occur and must be resolved immediately, credit settlement usually uses the execution of mortgage rights. However, there are alternative settlements regulated in article 12 an of the law of the Republic of Indonesia number 10 of 1998 concerning banking law, namely foreclosed collateral in practice, there are problems regarding the implementation of foreclosed collateral by verdict number 183/pdt/2020/PT SMG and verdict number 24/pdt.g/2019/PN Pti. This study aimed to analyze the implementation of foreclosed collateral as a way to resolve the problem of bad loans. The research method used is normative, using secondary data obtained from library research, including primary, secondary and tertiary legal sources. Therefore, the implementation of the foreclosed collateral taken over by verdict Number 183/PDT/2020/PT Smg is valid because it is through a voluntary submission mechanism, and verdict Number 24/Pdt.G/2019/PN Pti is invalid because there is no agreement and has an impact on debtors and creditors feel harmed.

The Impact of Artificial Intelligence on Legal Systems: Challenges and Opportunities

Nadjia Madaoui — 2024-04-09

The integration of artificial intelligence into legal systems has engendered a paradigm shift in the legal landscape, presenting a complex interplay of challenges and opportunities for the legal profession and the justice system. This Comprehensive research delves into the multifaceted impact of artificial intelligence on legal systems, focusing on its transformative potential and implications. Through an extensive analysis of the integration of artificial intelligence technologies, including natural language processing, machine learning, and predictive analytics, the study illuminates the profound improvements in legal research, decision-making processes, and case management, emphasizing the unprecedented efficiency and accessibility that artificial intelligence offers within the legal domain.

Furthermore, the research critically examines the ethical and societal challenges stemming from artificial intelligence integration, including concerns related to data privacy, algorithmic bias, and the accountability of artificial intelligence-driven legal solutions. By scrutinizing the existing regulatory frameworks governing artificial intelligence implementation, the study underscores the necessity of responsible and ethical artificial intelligence integration, advocating for transparency, fairness, and equitable practices in the legal profession. The findings contribute to the ongoing discourse on the ethical implications and effective management of artificial intelligence integration in legal systems, providing valuable insights and recommendations for stakeholders and policymakers to navigate the complexities and ensure the responsible adoption of artificial intelligence technologies within the legal sphere