The Development Of A Legal Mechanism Of Protection Of Results Of Intellectual Activity In The Russian Federation

2015 ◽  
Author(s):  
Sergey A. Gripich
Keyword(s):  
Russian Federation ◽  
Intellectual Activity ◽  
The Russian Federation ◽  
Legal Mechanism

FEATURES OF FUNCTIONING OF INVESTMENT-INNOVATIVE ACTIVITY. DOMESTIC AND FOREIGN EXPERIENCE

2020 ◽  
Vol 2 (3) ◽  
pp. 90-96
Author(s):  
A. P. DROZDOVA ◽  
◽  
S. M. MOLCHANOVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Incentives ◽  
Intellectual Activity ◽  
Accounting Data ◽  
Foreign Companies ◽  
Scientific Potential ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Business Entities

The article discusses information sources in assessing the effectiveness of innovations, types of cash inflows, cash outflows in the context of the organization's operational, investment and financial activities. The problem of insufficient relevance of accounting data in the analysis of the effectiveness of investment in innovation is reflected. The need for systematization of the current regulatory legal acts of the Russian Federation to integrate information on the results of intellectual activity into a single mechanism for effective management of the development of innovative potential of the Russian Federation is noted. The experience of foreign companies in the investment and innovation sphere is summarized. The factors influencing the development of the scientific potential of Russian companies and the need to introduce economic incentives for innovation entities are presented. The functions of the RF authorities in the field of legal regulation of innovations for the successful development of mechanisms for interaction between business entities and the state, the protection of intellectual property and the growth of the effectiveness of the practical application of innovative developments are generalized.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

Ukrainian patent reform: render harmless a utility model

2020 ◽  
pp. 61-63
Author(s):  
Irina Kirichenko ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Innovation Activity ◽  
Technical Solution ◽  
Chemical Formula ◽  
Utility Model ◽  
Intellectual Activity ◽  
Ukrainian Patent ◽  
Utility Models ◽  
The Russian Federation

The patent is an amazing thing, it’s like a narcotic: nothing but a chemical formula known for more than one century, registered as a utility model, but can subjugate all other licenses and permits in a way that no other “gun” can. According to Article 1 of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”, a utility model (just as an invention) is the result of human intellectual activity in any sphere of technology i.e. the object of the utility model (UM) may be any product (device, substance etc.) or a process (unlike us, unfortunately our Russian colleagues severely limited innovation activity. For example, Article 1351, Paragraph 1 of the Civil Code of the Russian Federation allows you to protect as a utility model only a technical solution relating to an apparatus).

scholarly journals The Role of Corporate Agreement as a Legal Mechanism for Regulating Corporate Relations Under the Civil Legislation of the Russian Federation

Legal Concept ◽  
2019 ◽  
pp. 99-104
Author(s):  
Elmira Baibekova
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Negative Impact ◽  
Civil Law ◽  
Legal Analysis ◽  
Corporate Rights ◽  
The Russian Federation ◽  
Basic Characteristics ◽  
Legal Mechanism ◽  
And Control

Introduction: the paper is devoted to the study of the institution of corporate agreement incorporated into the Russian legislation in the course of the civil law reform. The purpose is to determine the essence, meaning and basic characteristics of the corporate agreement in civil law of Russia, by virtue whereof, the author analyzes the concept of subject of the corporate agreement, the main aspects of its legal nature, and also produces a comparative legal analysis of the correlation of the company’s charter and the corporate agreement. Using the methods of scientific knowledge, especially the method of system analysis, in order to identify the areas of improvement of the corporate agreement in the field of regulating corporate rights and obligations, the author analyzes the corporate agreement’s role in the implementation and protection of the company’s corporate rights, as well as in the development of corporate relations. The necessity of further detailed legislative regulation of corporate agreements is argued. Results: the legal confirmation of the institution of corporate agreement in the civil legislation of the Russian Federation allowed the participants of business companies to implement and control their corporate rights and obligations, as well as liability for their non-performance, in accordance with this agreement. Conclusions: corporate agreement is a relatively new institution for the Russian reality, so it requires special attention. It is of great interest to business, which can be seen in practical examples, even the largest corporations with the state participation become parties to such agreements. The need for a detailed study of the corporate agreement is due to the ambiguous position of the legislator regarding the essence, meaning and content of this agreement. The absence of a solid theoretical basis on these issues can have a very negative impact on the law enforcement practice.

scholarly journals ON THE MEASURES OF CIVIL LEGAL LIABILITY: THEORETICAL ASPECTS

2018 ◽  
Vol 22 (1) ◽  
pp. 175-181
Author(s):  
Yu. N. Andreev ◽  
A. P. Zolotarev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Liability ◽  
Civil Code ◽  
Property Damage ◽  
Intellectual Activity ◽  
Post Graduate Student ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Legal Entities

The work is devoted to topical problems of the civil theory of civil legal liability measures. The authors propose their classification of the measures of civil legal liability, give a brief description of some types of these measures, make reasoned proposals for further development of legislation in the field under studies. The authors of the proposed article refer compensation (recovery) of damages, recovery of penalties (fines, penalties), interests, loss of deposit, payment of deposit in double size, compensation to the measures of civil liability:. There are legitimate, contractual, preclusive, compensation-restorative, and punitive measures of civil legal liability. Civil legal liability measures can be differentiated into the following measures: a) delictual; b) contractual and c) conditional liability; taking into account the subjects of liability they can be classified into: a) measures of liability of individuals; b) measures of liability of legal entities; c) measures of liability of public legal entities, the state. The authors of the article assert that in civil legal there are compensatory payments for: 1) causing moral harm (see, for example, Articles 151, 1099 - 1101 of the Civil Code of the Russian Federation); ) diminishing business reputation of legal entities (Article 152 of the Civil Code of the Russian Federation); 3) violation of the property rights of consumers (Article 145 of the Law on the Protection of Consumer Rights); 4) violation of exclusive rights to the results of intellectual activity, means of individualization (Article 1252 of the Civil Code of the Russian Federation); 5) causing anthropogenic, natural or terrorist harm; 6) infliction of damage by lawful actions of state and municipal bodies (Article 6.1 of the Civil Code of the Russian Federation); 7) violation of reasonable time limits for judicial proceedings and enforcement of judicial acts. Professor Yu. .N. Andreev and post-graduate student A.P. Zolotarev also refer measures of corporate liability of the members of the corporation to the corporate organization, and, conversely, liability of the corporations to its members to civil legal measures of liability. At the same time, many measures of civil legal liability are simultaneously measures of civil protection. The authors of the article suggest renaming the ‘compensation of damages’ as a way of protecting civil rights, stipulated in Article 12 of the Civil Code of the Russian Federation, to ‘recover damages’ or ‘compensation for property damage’, clarify Article 15 of the Civil Code of the Russian Federation indicating that compensation for damages is applied with a view to recovering property damage for tortious destruction, damage, diminution, restriction of material benefits, non-performance (improper performance) of contractual obligations, non-compliance with unjust enrichment obligation.

scholarly journals Implementation of the state policy in the field of innovation

2021 ◽  
Vol 12 (3) ◽  
pp. 7-15
Author(s):  
Nikolay M. Tyukavkin ◽  
Yulia V. Matveeva
Keyword(s):  
Russian Federation ◽  
Technological Development ◽  
Economic Effect ◽  
The State ◽  
Intellectual Activity ◽  
Effective System ◽  
The Russian Federation ◽  
Customer Model ◽  
The Government ◽  
Scientific And Technological Development

In the Strategy of scientific and technological development of the Russian Federation, the main goal is to ensure the competitiveness and independence of the state by forming an effective system of the most complete application and development of the intellectual potential of the state. The main directions in the work of the Government of the Russian Federation, for the period up to 2024, is the formation of conditions for the entry of the Russian Federation into the top five leading countries in the field of R D, represented by the priorities of scientific and technological development of the state, determined by this Strategy.These areas are represented by the Program, which is the main mechanism for implementing the Strategy. It is aimed at increasing the socio-economic effect of applying the results of scientific research and intellectual activity, significantly increasing the efficiency of using budget funds and extra-budgetary sources to finance R D, by switching to the qualified customer model. The Strategy also provides for measures to develop the level of capitalization of the educational potential of the population to fulfill the tasks of technical modernization of industrial production, development of entrepreneurial structures of all types, attracting talents, social mobility, ensuring the required rates of economic growth, as well as the quality of life of society

scholarly journals Legal regulation of measures for the use and protection of forests

2021 ◽  
pp. 69-73
Author(s):  
Radmir IKSANOV ◽  
◽  
Igor VLADIMIROV ◽  
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Local Population ◽  
Legal Protection ◽  
Legal Regulation ◽  
Nature Management ◽  
Forest Protection ◽  
The Russian Federation ◽  
Forest Users ◽  
Legal Mechanism

Forest violations are a special type of offenses that infringe on the order of rational nature management and environmental protection. The purpose of this study is to analyze legal measures for the use and protection of forests. The relevance of the work lies in the fact that the problem of legal protection of forests is manifested in the mechanism of exercising the powers of forest protection by the constituent entities of the Russian Federation, therefore, the solution to this problem should be developed and implemented by the efforts of state bodies, public associations and the local population. The paper lists the problems of the legal mechanism of forest protection, defines its subjects, discloses the problems in the field of control and supervision activities by forest users.

scholarly journals Some legal mechanism problems for economic dispute resolution in Russian Federation

2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich
Keyword(s):  
Dispute Resolution ◽  
Russian Federation ◽  
Ad Hoc ◽  
Legal Regulation ◽  
Current State ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    

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