scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2020 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
International Agreements ◽  
International Experience ◽  
Step Test ◽  
International Treaties ◽  
Berne Convention ◽  
Intellectual Activity ◽  
National Legislation ◽  
European Regulatory

The article analyzes some issues and peculiarities of the legal regulation for the restriction on the author's property rights to works in Ukraine through the lens of European and international approaches. The author analyzes the legislation of Ukraine, international and European regulatory sources, directly investigates the completeness of the legal regulation of the lawful free use of the author's work and the restriction of his/her property rights to the work (as a consequence of his/her intellectual activity). The article examines the existing international treaties, ratified by the Verkhovna Rada of Ukraine, and which are recognized as a part of the national legislation of Ukraine. It also analyzes codified and other legal acts adopted to implement the provisions of the Constitution and international agreements in order to determine the peculiarities of legislative regulation and consistency of terminology in the sphere of restriction of the author's property rights to works in Ukraine. As a result of the research, the author has highlighted the main inaccuracies and gaps in the legal regulation for the restriction on property rights to works and the free use of works as a copyright object. Namely, it is traced that in Ukrainian legislation there is a certain inconsistency between the provisions of the Law of Ukraine "On Copyright and Related Rights" and the provisions of the Civil Code of Ukraine, which use identically in meaning the concepts of "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "the lawful use of a work without the author's consent", which is not in line with international experience. The author concludes on the full implementation of the provisions of the Berne Convention on the three-stage test in national regulations and further improvement of the legislation in order to avoid disagreements with the European legislation in the investigated subject, which should be implemented in the Ukrainian legislation. Keywords: property rights to works, restriction on author's rights to works, free use of works, cases of free use of works, a three-step test, international treaties governing the restriction on property rights to works in Ukraine.

scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2019 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Intellectual Activity ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
European Regulatory ◽  
General Scientific ◽  
Artistic Works

The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity. The purpose of this study is to determine the specifics of legal regulation in the sphere of restriction of property rights to works in Ukraine. The philosophical, general-scientific and special-scientific methods of cognition have been used in the work, including comparative-legal method, struc- tural-functional, deductive, as well as methods of analysis, generalization and analogies. The author has found the basic inaccuracies and gaps in the legal regulation for of the restriction and free use of works as an object of copy- right. The author proves that the Ukrainian legislator did has not harmonized the provisions of the Law of Ukraine "On Copyright and Related Rights" with the provisions of the Civil Code of Ukraine. Thus, the article shows that the use of such concepts as "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "legitimate use of a work without the consent of the author" are not in line with international practice. The author draws conclusions on the improvement of the legislation to avoid these problems. The implementation of Europe- an practice in the legislation of Ukraine is also highlighted. The results of the study can be used for further research in the field of copyright, including comparative copyright. These proposals may be applied to improve current intellectual property law.

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Ongoing Debate ◽  
Intellectual Activity ◽  
Common Features ◽  
The Relationship ◽  
Legal Entities ◽  
Individual Objects

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

scholarly journals LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING

2021 ◽  
Vol 76 (3) ◽  
pp. 64-73
Author(s):  
Alla Palchenko ◽  
◽  
Elena Pishchanskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Maritime Transport ◽  
International Treaties ◽  
National Legislation ◽  
Legal Norms ◽  
Bill Of Lading ◽  
Maritime Shipping ◽  
International Transport ◽  
International Conventions ◽  
Conflict Of Law

Legal regulation of relations arising from the implementation of international transport has its own specifics. The most important conditions are defined in international agreements − conventions, which are the main source of regulation in this area of relations. The agreements contain mainly unified substantive legal norms necessary for the settlement of conflicts that most often arise in the regulation of issues in the field of international transport. It should be noted that international transport conventions also consist of conflict-of-law rules, which are invoked in the absence of unified substantive law. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. Relations in the field of maritime shipping in many cases remain subject to the provisions of domestic maritime law, which must be determined by conflict of laws rules. However, as there are again few generallyaccepted conflict-of-law rules established by international treaties, all relevant issues are resolved at the level of national case law, and it is also different. In connection with the development of the world economy and international economic relations, the question of the ability and degree of influence of maritime transport on them plays an important role. Maritime shipping is central to a single global transport system. Maritime transport is already in its format of activity is an international industry, and concerns the activities of the carrier for the movement of goods or passengers from the port of departure to the port of destination.Keywords: convention, bill of lading, charter, sea transportation, seaport

scholarly journals International legal standards of advocacy in Russian environmental legislation

2021 ◽  
Vol 244 ◽  
pp. 12005
Author(s):  
Irina Kvach
Keyword(s):  
Oil And Gas ◽  
Legal Regulation ◽  
International Standards ◽  
International Treaties ◽  
National Legislation ◽  
Legal Reforms ◽  
Legal Standards ◽  
The North ◽  
Oil And Gas Fields ◽  
Conceptual Role

The article deals with conceptual questions of the role and place that international standards of advocacy take in the system of sources of advocacy in Russia. The author, relying on the decisions of the Plenum of the Supreme Court of Russian Federation, points out the priority importance of international standards and rules in matters of legal regulation of legal proceedings. Considering a significant array of international documents adopted within the framework of international organizations, including the Council of Europe, the author singles out those containing international standards of advocacy. The study of Russian national legislation through the prism of international standards of advocacy makes it possible to conclude that, as a result of prolonged legal reforms, the main fundamental provisions of national legislation have been brought into line with the requirements of international standards, but work in this direction has not yet been over. As a result, the author points out the conceptual role of international treaties as sources of advocacy. The findings became the basis for further author’s research of international standards, as a legal basis for the regulation of advocacy to protect the rights and freedoms of indigenous peoples of the north in the development of oil and gas fields on their ancestral lands.

scholarly journals Compensation for environmental damage under international law and national legislation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 633-638
Author(s):  
Vladimir S. Sinenko ◽  
Evgeniy E. Tonkov ◽  
Yuliya V. Boltenkova ◽  
Elvira M. Vasekina ◽  
Neonila A. Turanina
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
International Experience ◽  
Environmental Damage ◽  
National Legislation ◽  
General Rules

This article analyzes the development of international legislation, as well as the legislation of individual states regarding the legal regulation of compensation for environmental damage. The authors identified and analyzed two levels of regulation. The first level is international; it includes acts adopted or approved by a group of states. The second level is national; it includes the regulations of individual states. The conclusion about the existence of general rules of legal regulation in the legislation of various states is formulated. Based on the analysis of Russian legislation, mechanisms for its improvement are proposed, including using international experience.

scholarly journals PROBLEMS OF NORMATIV-LEGAL REGULATION OF CITIZENSHIP IN UKRAINE

2020 ◽  
Vol 2020 (2) ◽  
pp. 94-102
Author(s):  
Pekarchuk V.M. ◽  
◽  
Havrysh N. R. ◽  
Keyword(s):  
Key Words ◽  
Legal Regulation ◽  
International Agreements ◽  
Dual Citizenship ◽  
National Legislation ◽  
Legal Norms

The article reveals the concept of the category “legal regulation” and defines the essence of legal regulation of the institution of citizenship in Ukraine. It was found that the system of constitutional and legal norms governing citizenship is formed by the institution of citizenship, the sources of which are: the Constitution of Ukraine; current international agreements of Ukraine on citizenship issues, the binding nature of which has been approved by the Verkhovna Rada of Ukraine; laws of Ukraine; bylaws governing legal relations in this area. The essence of Ukrainian citizenship is studied, as well as the grounds for acquiring Ukrainian citizenship are determined. Problems concerning the legal regulation of the institution of citizenship are analyzed, in particular, in the part of dual citizenship, which need an immediate solution at the legislative level. At present, dual citizenship needs a balanced policy based on the objective trend of spreading this phenomenon in the context of globalization processes in Ukraine. Key words: legal regulation, normative-legal regulation of the institution of citizenship in Ukraine, citizenship of Ukraine, dual citizenship, national legislation.

scholarly journals Legal regulation of the license agreement

2021 ◽  
pp. 15-19
Author(s):  
Alona Tkachuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
License Agreement ◽  
Intellectual Activity ◽  
License Agreements ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Exclusive Property

The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property

scholarly journals Protection of intellectual property rights in the field of biotechnology

2021 ◽  
pp. 38-48
Author(s):  
Hanna Fedotova ◽  
Svitlana Fyl
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Human Life ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Implementation ◽  
International Treaties ◽  
Ofthe Object ◽  
Biotechnological Inventions

Keywords: intellectual property rights, biotechnologies, patenting, legal protection,legislation Current trends of globalization and the process of European integrationof Ukraine necessitate the creation of an effective mechanism of legal regulationof intellectual property rights in the field of biotechnology, due to the constitutionalprovisions according to which human life and health are the highest value inthe state. The purpose of the study was to determine the legal regulation of protection of intellectual property rights in the field of biotechnology. Empirical and theoreticalmethods of scientific cognition are used for comprehensive consideration of the topicof the article. It has been found that modern biotechnological advances require inventorsnot only to secure monopoly rights to use them, but also to comply with the moraland ethical criteria for the perception of inventions created by genetic engineeringand living matter. It is determined that the legal system of intellectual property protectionin the field of biotechnology is based on the provisions of the Constitution ofUkraine, the Civil Code of Ukraine, regulations in the field of health and agriculture,international treaties and special legislation in the field of intellectual property. It isestablished that the system of legal protection of biotechnological inventions consistsof the acquisition of intellectual property rights to these inventions (establishment ofthe object of patenting and compliance with patentability, state registration of inventions)and the use and disposal of intellectual property rights to such inventions. Alegislative support of legal protection of biotechnological inventions is seen in furtherempirical research and theoretical and methodological substantiation in order to determinethe legal mechanisms of their practical implementation.

scholarly journals MODERN LEGAL MEANS OF TRANSFER OF INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
pp. 36-40
Author(s):  
T. I. Begovа
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Economic Activities ◽  
Legal Form ◽  
Intellectual Activity ◽  
Economic Relations ◽  
Joint Activities ◽  
Legal Forms

For the development of the national economy, an effective system of legal support of relations is formed, which is formed as a result of transformation of intellectual activity results into innovative products and innovations, introduction of intellectual property rights into economic turnover. Given the expansion and complexity of ways to commercialize intellectual property rights in connection with the acquisition of these rights of various qualities, it is important to study not only the statutory agreements on the disposal of intellectual property rights, but also to develop other legal forms that mediate acts of transfer objects of intellectual property in the field of management. The purpose of the article is to refine the scientific and theoretical provisions on the legal forms of transfer of intellectual property rights in the field of management. The ways of involving intellectual property rights in the economic turnover within the framework of corporate, contractual, mortgage legal relations are revealed. It is established that the specificity of these relations leaves its mark on the legal forms of transfer of intellectual property rights. It has been found that with the complication of economic relations, the spheres and ways of involving intellectual property rights in economic turnover are expanding. Thus specificity of mechanisms of realization of the specified ways of transfer of the rights causes necessity of working out of the legal form adequate to this specificity. It is proved that economic and legal regulation of transfer of intellectual property rights does not provide proper definition and differentiation of legal forms of transfer of intellectual property rights in the organization and implementation of economic activities, which should take into account the broad economic potential of these rights. The study substantiates the types of legal forms of transfer of intellectual property rights in the field of management in the case of these rights as: contribution to the formation of the authorized capital of the business organization, contribution to joint activities (simple partnership); use as a subject of pledge and subsequent alienation of the pledged property right as a result of foreclosure on it. On this basis, a conclusion was made about the expediency of improving the economic and legal regulation of relations in the field of transfer of intellectual property rights in terms of normative definition of types of legal forms of transfer of these rights.

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