scholarly journals Peculiarities of Scientific Research in High-Performance Sports as in the Case of "Formula 1"

Lex Russica ◽  
2020 ◽  
pp. 146-155
Author(s):  
A. M. Kamalyan

The paper examines the legal regulation of scientific research in professional sports as in the case of Formula 1. The importance of the process of searching for new engineering and design solutions for the performance of athletes, as well as its continuous nature, is emphasized. It is noted that this sport is in the process of transition to a new cycle of legal acts, including Technical regulations, which sets the main requirements for the results of scientific research. The analysis of the provisions of the Technical regulations shows that the activities of engineers and designers are largely limited. For clarity, there are specific norms that fix either the exact indicator for the result of scientific research to achieve, or the range within which fluctuations are allowed. At the same time, it is noted that there are still rules that are not formulated in the most obvious way (the so-called gray zones). It is stipulated that the specifics of scientific research in these areas will be the subject of a separate analysis. Special attention is given to the requirements for the minimum degree of independence of scientific research in the car engineering and constructing and the possibility of using the results of competitors. The author gives examples of interaction between Formula 1 teams in terms of the use of engineering solutions by the team of competitors. The importance of research and development by Formula 1 engineers and designers is further emphasized, not only in the field of sports or the automotive industry, but also in everyday life, especially in the context of the coronavirus pandemic (COVID-19). Specific examples of the contribution of racing teams to the global fight against the virus are given, including cooperation with medical centers and laboratories in the framework of the Project Pitlane, which unites most of the teams of Formula 1.

Lex Russica ◽  
2020 ◽  
pp. 96-105
Author(s):  
A. M. Kamalyan

This paper is a follow up of the paper "Peculiarities of Scientific Research in High-Performance Sports as in the Case of "Formula 1". The author examines the influence of the regulations, which are not formulated in the most obvious way, on scientific research in professional sports as in the case of Formula 1. It is emphasized that the "gray zones" represent a certain gap in legal regulation, which should be negatively assessed by the participants of the competition. At the same time, since Technical Regulations restrict the freedom of scientific research, such provisions allow engineers and designers to fully demonstrate their abilities, creativity and non-standard thinking. Some of the most striking examples in the history of the "Queen of Motorsport", when a particular team used a loophole in the legal regulation, are given. The circumstances of the emergence of innovative solutions, the reaction of competitors and the International Motorsport Federation (FIA) are presented. The author analyzes the decisions of the FIA court of Appeal in cases where a dispute about the interpretation of the rules and the legality of the use of a particular design reached the court. Special attention is given to ambiguous research results that have appeared in recent years, including the Renault team brake bias system, Ferrari fuel system and power unit investigation and the Mercedes Dual-Axis Steering (DAS) system. It is emphasized that the elimination of gaps in legal regulation is carried out not only by adding or changing Technical Regulations, but also by issuing technical directives that are not subject to official publication. The author carries out a comparative analysis of the legal properties of Technical Regulations and technical directives with acts of secondary law of the European Union with similar titles (regulation and Directive) is carried out.


2021 ◽  
Vol 7 (1) ◽  
pp. 102-108
Author(s):  
N. N. Tkacheva

In this article, the author examines the guarantees of protection of rights and interests in claim proceedings, to understand the basis of the division of such guarantees into types, the author turns to the theory of law. Using a doctrinal approach, the article examines the classification of guarantees depending on the method of fixing, on their content, the method of ensuring and the form of implementation. Special attention is paid to the issue: what is a criterion of the division of safeguards for the species. Highlighting the subject of legal regulation as a criterion for dividing branches of law, guarantees are classified into constitutional and sectoral guarantees. There are other types of guarantees, depending on the methods of protection of violated or disputed rights - material and procedural guarantees. Attention is drawn to the fact that the study of procedural guarantees for the protection of the rights of citizens and organizations is of particular interest in the science of civil procedure law. Using the method of scientific research, the paper studies the classifications of procedural guarantees proposed by process scientists. Analyzing the content of the right to judicial protection, the author's classification of the guarantee of protection of rights and interests in the claim proceedings is proposed at the end of the article.


2021 ◽  
Vol 16 (2) ◽  
pp. 175-182
Author(s):  
A. M. Kamalyan

The paper examines the legal regulation of scientific research in professional sports as in the case of Formula 1. It is emphasized that the owner of the rights to the results of scientific research can be not only the racing team itself, but also one of the closely related legal entities. Specific examples are provided demonstrating what can be protected by a patent and who can own intellectual property rights. It is noted that, despite a large number of high-tech solutions, Formula 1 teams often deliberately refuse to patent. An analysis of the situation in this sport shows that in the conditions of constant changes and improvements in racing cars, obtaining a patent is unjustified due to the length of this procedure. At the same time, the results of scientific research and scientific information are protected by the trade secret regime. It is stipulated that such a regime is accompanied by the risk of disclosure of confidential information by persons, primarily current and former employees. One of the biggest spy scandals in the history of Formula 1 is cited as an illustration. Particular attention is given to the problem of the transfer of staff members from one Formula 1 team to another, including the delineation of the employee’s own skills and the protected information obtained by him in previous work. In addition, it is emphasized that such transitions are often accompanied by compulsory leave without the right to go to a new job, so that the existing knowledge about the work of the former employer loses its relevance. It is also noted that the trade secret regime does not prevent Formula 1 teams from getting acquainted with the results of scientific research of their competitors due to the rules on the maximum openness of cars during the Grand Prix. Specific examples of borrowing by racing teams of successful engineering solutions of rivals by creating their own analogues are given.


Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


Author(s):  
Valentyn Merzhyievskyi ◽  
Yuliya Ponomarova

In order to improve the national terminology in the industry and simultaneously to coordinate it with international terms, we propose to the Ukrainian motor transport community to take part in compilation of specialized translation dictionary. The magazine «Avtoshliakhovyk Ukrainy», as indicated in the No 1 (253) 2018, have opened a new section, «Automotive Industry Dictionary», intended to publish our draft definitions of the most controversial terms in Ukrainian, with comments on their formation and scope and corresponding terms in other languages. Please, send your remarks and ideas by email indicating «Automotive Industry Dictionary» in the subject line to: [email protected].


2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.


No other talent process has been the subject of such great debate and emotion as performance management (PM). For decades, different strategies have been tried to improve PM processes, yielding an endless cycle of reform to capture the next “flavor-of-the-day” PM trend. The past 5 years, however, have brought novel thinking that is different from past trends. Companies are reducing their formal processes, driving performance-based cultures, and embedding effective PM behavior into daily work rather than relying on annual reviews to drive these. Through case studies provided from leading organizations, this book illustrates the range of PM processes that companies are using today. These show a shift away from adopting someone else’s best practice; instead, companies are designing bespoke PM processes that fit their specific strategy, climate, and needs. Leading PM thought leaders offer their views about the state of PM today, what we have learned and where we need to focus future efforts, including provocative new research that shows what matters most in driving high performance. This book is a call to action for talent management professionals to go beyond traditional best practice and provide thought leadership in designing PM processes and systems that will enhance both individual and organizational performance.


Author(s):  
Volodymyr Zaichenko ◽  
◽  
Volodymyr Popov ◽  

The purpose of the article is to consider the modern scientific discourse on agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries and to identify promising areas for further research on this issue. The authors used empirical and theoretical methods of scientific research in particular methods of analysis and synthesis, the method of scientific abstraction, and others characteristic methods of research on economic history to achieve this goal and implement the corresponding research tasks. In recent years, a body of diverse scientific research of historians, economists and lawyers has appeared in Ukraine in which these problems are considered. These works differ both in the depth of study of the problem of agricultural lending and in the range of studied issues. The entire body of works of modern Ukrainian scientists, which forms the modern scientific discourse on the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th - early 20th century, consists of three groups including in particular : 1) research, which are devoted to outstanding economists and theorists of lending of the 19th - early 20th century; 2) works on the history of the Peasant and Noble banks, branches and offices of which operated on the territory of the Ukrainian governorates; 3) research of cooperative crediting. We are obliged to note that despite a significant amount of scientific research on the history of lending (including agricultural lending) in Naddnieper Ukraine in the second half of the 19th and beginning of the 20th century, today prevail works devoted only to certain aspects of this complex and important scientific problem, without proper cooperation between representatives of various branches of knowledge. In the authors' view, synectics that is scientific cooperation of representatives of various specialties: economists, historians and lawyers, should become promising in studying the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries. It allows to solve such a complex scientific problem comprehensively and considering the economic component (determination of the most optimal scientifically grounded lending methods) and the historical as well as anthropological approach and the study of the legal regulation of credit relations. In our opinion, it is exactly the kind of approach, that allows not only to study the problem of the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th century comprehensively, but also to offer modern lenders a mechanism for developing balanced and affordable credit products that will stimulate the development of the agricultural sector and the economy of Ukraine as a whole.


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