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Journal of Digital Technologies and Law

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Vol 3, No 2 (2025)
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ARTICLES

187-202 22
Abstract

Objective: to conduct a comprehensive analysis of criminal-legal risks arising in the development of the metaverse as a new digital space of social interaction; to define the concept of the metaverse and assess the possibilities of countering criminal activity in this environment by means of criminal law.

Methods: the research methodology consists of the dialectical method of scientific cognition, analysis, synthesis, and a set of specific legal methods. A systematic approach was applied to study legal phenomena in the digital environment; a comparative legal method was used to analyze foreign experience, and a formal legal method – to interpret regulations and doctrinal provisions.

Results: it has been established that the metaverse attractiveness for various forms of criminal activity is largely due to the user anonymity and the lack of a clear legal regime. The study showed that numerous crimes are already being committed on the metaverse platforms. These include socially dangerous acts related to the dissemination of criminogenic and traumatic information, theft of digital property, criminal money laundering, and attacks against the sexual integrity of a person. The authors identify systemic problems of countering crime in the metaverse, including territorial jurisdiction, user identification, and procedural difficulties of proof.

Scientific novelty: a comprehensive analysis of the criminal-legal aspects of the metaverse functioning was performed. The article formulated theoretical approaches to the qualification of crimes committed in the virtual space. The work substantiates the need to develop special legal structures for regulating relations in the metaverse. The authors proposed a concept of a multidimensional model of legal protection of relations in the metaverse based on public-private partnership.

Practical significance: the study results can be used in improving criminal legislation in terms of regulating responsibility for crimes committed in the digital space. The work may help to develop the concept of legal regulation of the metaverse and to create mechanisms for public-private partnership in the field of countering cybercrime. The findings are relevant for law enforcement practice in the investigation of crimes committed using virtual reality technologies.

203-221 19
Abstract

Objective: to examine the contribution of judicial reasoning to the legislation interpretation, which is aimed at strengthening the legal protection of children against child pornography and digital sexual abuse under the rapid development of cyberspace. The study eliminates the gap in scientific knowledge concerning the possibilities of judicial interpretation as an alternative to the slow process of legislative amendments.

Methods: the main methodological approach is the analysis of court decisions on child pornography and sexual abuse of children from 2018 to 2024. The author used comparative legal analysis and the study of judicial practice in various jurisdictions, including decisions of the European Court of Human Rights, the courts of the USA, Great Britain and Ireland. The research is based on a conceptual analysis of the principle of the child’s best interests and its application in judicial practice.

Results: the author proved that judicial reasoning is an effective mechanism for overcoming the limitations of legislative formulations in protecting children from online exploitation. The key areas of judicial reasoning were identified: the expansion of the child pornography concept, the inclusion of contactless forms of sexual abuse, the use of digital technologies to collect evidence, and the priority of the concept of the child’s best interests over procedural restrictions. The research confirmed the ability of judicial reasoning to create legal precedents that ensure a more flexible and effective application of existing legislation.

Scientific novelty: for the first time, the article comprehensively investigated the role of judicial reasoning as a tool for the dynamic interpretation of legal norms of protecting children from digital sexual abuse. The author developed a conceptual model of the interaction between judicial reasoning and the principle of the child’s best interests. The study reveals mechanisms of overcoming legislative stagnation through judicial interpretation of legal norms related to modern forms of child pornography in cyberspace.

Practical significance: The study results can be used in judicial practice to substantiate decisions in cases of child pornography, in law-making activities to improve childhood protection standards, and in the practice of law enforcement agencies. The conclusions help to form a more effective justice system that takes into account children’s interests. The research can serve as a basis to develop methodological recommendations on using judicial reasoning in cases of minors’ protection.

222-258 54
Abstract

Objective: to identify the complex relations between international trade and military law in the context of technology transfer; to analyze the legal implications of technology transfers for international humanitarian law in order to clarify the impact of technology transfer in international trade on the warfare means regulation and identify legal gaps in existing international conventions.

Methods: the study uses a comprehensive legal analysis of international documents, including the Geneva Conventions and their Additional Protocols, the Hague Conventions, and modern international agreements in the field of trade and technology. The authors used comparative legal method to study the national legislations of various states and a systematic approach to analyze the interaction of international humanitarian law and international trade law.

Results: the study revealed significant legal gaps in regulating the transfer of dual-use technologies during wartime. It was established that modern technologies, including artificial intelligence, autonomous weapons systems and cybernetic means, create a regulatory vacuum that undermines the effectiveness of existing international conventions. A significant technological gap between the Global North and South was demonstrated.

Scientific novelty: the work is the first comprehensive study of technology evolution in the context of international humanitarian law, with an emphasis on the need to develop special regulatory mechanisms. The authors present a conceptual model for the integration of technology transfer norms into the system of international disarmament treaties, taking into account the principles of proportionality and distinction.

Practical significance: the study proposes specific amendments to the articles of the Geneva Conventions, including the modification of Article 35(2) of Additional Protocol I to include new technologies and extend the requirements of Article 36 regarding legal reviews of technological transfers. The recommendations developed can serve as a basis for creating international monitoring mechanisms and increasing transparency in the field of military technology transfer.

259-274 19
Abstract

Objective: to identify the main risks and problems in the field of third-party payments in China; to analyze the current legislation on the regulation of this sector; and to propose scientifically sound ways to improve the effectiveness of regulation of such payment systems.

Methods: the study used a set of general scientific methods, including analysis, induction and synthesis. The authors comprehensively analyzed the current state and legal regulation of third-party payments in China in order to develop practical recommendations for the introduction of effective regulatory mechanisms in this area. A comparative-legal analysis of existing regulations and international experience in regulating financial technologies was performed.

Results: it was found that third-party payments have become an integral part of e-commerce, effectively solving the problems of high transaction costs and shortage of credit resources in Chinese e-commerce. The analysis showed that the payment industry is facing serious challenges, including insufficient regulation, financial and technological risks. The authors revealed a market competitive structure according to the “2+1+N” model with the dominance of large payment platforms. Practical recommendations were developed to improve legal mechanisms ensuring the stability and security of the third-party payments sector, including the creation of a single regulator and increased supervision of deposited funds.

Scientific novelty: the study complements the scientific base in the field of financial technology regulation, systematizing the main risks of the third-party payments sector and analyzing the modern regulatory framework. It takes into account the latest changes in the industry, which allows the authors to form a comprehensive understanding of the legal challenges in this area. For the first time, an integrated risk assessment model for third-party payment systems was proposed.

Practical significance: the findings have practical implications for improving regulatory efficiency, which is relevant both for third-party payment service providers and for financial regulators when developing policies in the field of financial technology and digital payments. The results can be used to improve the legislative framework and create specialized financial supervisory authorities.

275-303 17
Abstract

Objective: to analyze the possibility of providing legal protection for pseudonymized personal data of crypto assets users in the legal system of Indonesia.

Methods: the work uses a comprehensive legal analysis based on the study of the current regulatory legal acts of Indonesia in the field of personal data protection. The research was carried out using legislative, conceptual and comparative methodological approaches, including an analysis of the Indonesian Law on Personal Data Protection, the EU General Regulation on Personal Data Protection, and the British Data Protection Act.

Results: it was established that pseudonymization of crypto assets user data in Indonesia is feasible from a legal point of view; however, the existing legislation contains significant gaps. The current Indonesian Personal Data Protection Law does not recognize pseudonymized data as a separate category of personal data subject to legal protection. The authors point out the problems with the implementation of the rule for controlling transfers of crypto assets by physical traders. As additional information for the re-identification of pseudonymized data is not stored separately, it increases the risks of privacy violations.

Scientific novelty: the authors provide a comprehensive analysis of the legal mechanisms for protecting pseudonymized data in the context of cryptocurrency transactions. A conceptual model is proposed for improving national legislation on personal data protection. It implies including pseudonymized data as a separate category of protected information. Recommendations are given, which establish criteria for the legitimate re-identification of pseudonymized data to ensure legal certainty in the field of protecting crypto assets users.

Practical significance: the research results can serve as a theoretical and methodological basis for reforming the Indonesian Law on Personal Data Protection and creating an effective legal mechanism for protecting crypto assets users. The proposed amendments to Article 4 of the said Law will make it possible to include pseudonymized data in the list of protected categories of personal data, which will provide legal certainty for participants in the cryptocurrency market and increase the level of their personal data protection in the digital economy.

304-337 36
Abstract

Objective: to determine the nature and degree of influence of the antimonopoly legislation of the European Union and the USA on mergers and acquisitions in the technology sector.

Methods: the work uses a comparative and interdisciplinary approach combining legal analysis and economic modeling. The author performed a comparative analysis of the legislation of the European Union and the US, summarized antimonopoly regulation practices, and considered doctrinal sources and modern empirical data. The methods used include content analysis of regulations, case studies of the largest digital companies, and elements of forecasting the impact of regulatory changes on innovation activity and market dynamics.

Results: various approaches to regulation of mergers and acquisitions in the digital economy were considered. The peculiarities of law enforcement in the European Union and the USA were analyzed. It was proved that strict antitrust measures can both restrain market concentration and create barriers to innovation. The author found that the practice of applying the EU Law on Digital Markets and the US relevant acts significantly affects structural changes in the technology sector, forming new competition models. Recommendations are given on improving international cooperation and developing common and fair regulatory standards for digital markets. Special attention is paid to the problems of determining the dominant position, regulatory control, and specific features of digital markets.

Scientific novelty: the article systematically compares the regulatory regimes of the world’s leading jurisdictions through the prism of digital mergers and acquisitions. It expands the categorical apparatus through modern approaches to the analysis of network effects, competition for data, and new forms of market power. The author applies his own criterion for analyzing the comprehensive examination of transactions from the viewpoint of sustainability and innovation potential.

Practical significance: the conclusions and recommendations contribute to the formation of a more flexible and adaptive regulatory policy towards technology giants, which is essential for lawmakers, regulators, corporate strategists and researchers of the digital economy.

338-362 12
Abstract

Objective: to identify the key technological solutions implemented in the country’s judicial system under quarantine restrictions and to assess their long-term impact on the administration of justice.

Methods: the study uses an integrated approach that includes an analysis of legal acts regulating the digitalization of the legal sphere in Nigeria. The work provides a comparative study of practical guidelines from federal and state courts for conducting virtual hearings, and a systematization of data on the introduction of electronic case management and trial management systems. The author uses a doctrinal method of analyzing court decisions and the practice of using digital technologies in various jurisdictions of the country.

Results: the author showed that the COVID-19 pandemic became a catalyst for the accelerated transition of the Nigerian legal system from traditional paper-based document management to digital platforms. The main technological solutions are identified: online case management systems, virtual courtrooms, electronic filing systems, and digital legal research tools. The article lists advantages of digitalization, including increased productivity, ensuring security when reviewing cases, as well as disadvantages associated with depersonalization of document management, threats to confidentiality and the potential loss of jobs.

Scientific novelty: the work presents a comprehensive analysis of the transformation of legal practice in Nigeria under the influence of the COVID-19 pandemic with a focus on the impact of digitalization on access to justice. The study contributes to understanding the peculiarities of adaptation of legal systems in developing countries to extraordinary circumstances through the prism of technological innovations. The author developed the concept of the relationship between the judicial system’s digital transformation and ensuring the constitutional right to a fair trial under the social distancing.

Practical significance: the study results can be used to improve the legal framework for the legal sphere digitalization in Nigeria and other developing countries. The conclusions are important for shaping policy in the field of modernizing judicial systems, developing ethical standards for virtual legal proceedings and creating effective mechanisms for ensuring access to justice in the digital age. Practical recommendations can be applied by judicial authorities to optimize the processes of administration of justice and to improve the quality of legal services.



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ISSN 2949-2483 (Online)