scholarly journals The Contract for the Performance of Sociological Research Using the Questionnaire Method (Legal Qualification, Content of the Contract, Contract Formation)

Lex Russica ◽  
2021 ◽  
pp. 23-32
Author(s):  
M. N. Maleina
Keyword(s):  
Subject Matter ◽  
Personal Data ◽  
Legal Regulation ◽  
Sociological Research ◽  
Social Trends ◽  
Provision Of Services ◽  
Written Form ◽  
The Subject ◽  
Questionnaire Method ◽  
Sociological Studies

Currently, neither conclusion nor execution of the contract for the performance of sociological research have legal regulation. The paper proves that the contract under consideration refers to civil contracts for the provision of services. Thus, in case of a dispute, the general rules of Chapter 39 of the Civil Code of the Russian Federation (“Reimbursable Services”) should be applied. The ICC/ESOMAR Code applies to sociological services relations if the parties in the agreement between them have stated the provisions of the ICC/ESOMAR. The essential terms of the contract for the performance of sociological studies using the questionnaire should include: the subject matter of the contract; the type and characteristics of the information collected; the method of research; the study respondents; confidentiality of respondents’ personal data; the term (period) and the place of the study. The subject matter of the contract under consideration covers the main actions of the parties: the performer conducts the sociological research (collects, purposefully processes and transmits certain information), and the customer accepts and pays for services rendered. The collected data is intended for establishing and analyzing social trends, patterns of social development, solving the problems of the society as a whole, population groups and a separate team. Non-essential terms of the contract for the performance of sociological studies using the questionnaire method include the terms stipulating the method of conducting the questionnaire, the quality of the research, the registration of the result of the study and the procedure for the transfer of information, the amount and procedure of remuneration for services rendered, the terms regulating liability for non-performance of the duties of the parties. The author proposes to enshrine in the law a simple written form of any kind of contract for the performance of sociological research regardless of the price of the contract, the personality of the customer and the performer indicating that failure to comply with the simple written form of the contract entails its invalidity.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

1. The status of sociology

2018 ◽  
pp. 1-17
Author(s):  
Steve Bruce
Keyword(s):  
Social Action ◽  
Subject Matter ◽  
Sociological Research ◽  
Human Sciences ◽  
Physical Sciences ◽  
Fundamental Limits ◽  
The Status ◽  
The Subject ◽  
Regular Patterns

‘The status of sociology’ asks whether sociology can be scientific. Some forms of sociological research follow the models of the physical sciences, but there are some fundamental limits to such imitation. We need to appreciate the differences between the subject matter of the natural and the human sciences. People think and feel. They act as they do, not because they are bound to follow unvarying rules but because they have beliefs, values, interests, and intentions. For the sociologist there is always a further step to take. Our notion of explanation does not stop at identifying regular patterns in social action.

scholarly journals Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

Lex Russica ◽  
2021 ◽  
pp. 19-27
Author(s):  
N. V. Zaitseva
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Civil Law ◽  
Fundamental Property ◽  
Legal Regulation ◽  
Administrative Law ◽  
Scientific Field ◽  
Property Right ◽  
The Subject ◽  
The Right

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

scholarly journals Values in the contemporary Russian society

2018 ◽  
Vol 8 (2) ◽  
pp. 359-366
Author(s):  
Andrei Andreev
Keyword(s):  
Empirical Data ◽  
World View ◽  
Social Representations ◽  
Original Method ◽  
Sociological Research ◽  
Russian Society ◽  
Value System ◽  
The Subject ◽  
Sociological Studies ◽  
Collective Psyche

The report highlights the results of sociological studies devoted to the value system of the Russian society. Value priorities of Russians are considered in dynamics and in comparison with other European countries. In the light of empirical data various stereotypes and autostereotypes of national identity are critically analyzed, including the widespread myths about Russians’ special inclination towards collectivism and the lack of civil society in Russia. On the basis of data obtained by an original method of psychosemantic sounding the deep structures of the collective psyche together with the specific social representations of Russians and the “world view” that the majority of them share are analyzed. Considerable attention is also paid to the subject-matters of national pride, and to the peculiarities of Russian historical consciousness. On the basis empirical data collected by means of sociological research the question of Russia’s place in the system of relations of East – West is posed and discussed.

USE OF PASSENGER LOCATION CARDS IN THE ERA OF THE COVID-19 PANDEMIC, AND THE PROCESSING OF PERSONAL DATA OF AIR PASSENGERS

2021 ◽  
Vol 57 ◽  
pp. 2-2
Author(s):  
Katarzyna Biczysko-Pudełko
Keyword(s):  
Personal Data ◽  
The State ◽  
General Data Protection Regulation ◽  
The Public ◽  
General Data ◽  
The Subject ◽  
The Republic ◽  
Questionnaire Method ◽  
General Regulation

Purpose. The aim of the article is to analyse the processing of personal data of air passengers during the SARS-CoV-2 pandemic in the context of doubts that have arisen in connection with the need for these passengers to provide their personal data as part of filling out the Passenger Location Card questionnaire. Method. The research method used in this study is case study. Findings. In the study, it was showed that firstly, the data of air passengers processed in relation to the application of the Passenger Location Card by the State Border Sanitary Inspectorate in Warsaw should be protected under the provisions of the General Regulation on the protection of personal data. Furthermore, their controller, i.e. the State Border Sanitary Inspectorate in Warsaw, did not fulfil its obligations in this regard. This, in effect, justifies the conclusion that the processing process not in accordance with the law on the protection of personal data. Research and conclusions limitations. The analysis concerned only passengers of aircrafts arriving and/or departing from airports located on the territory of the Republic of Poland. Practical implications. The analysis carried out in this study may provide a solution to the issues that have arisen in the public sector with regard to the processing of personal data collected from air passengers on the basis of the Passenger Location Card questionnaire and thus, the conclusions may prove useful for data controllers who should be aware of such problems, but also for air travellers as data subjects who should be protected by the General Data Protection Regulation and their rights in this regard. Originality. This analysis, if only for the reason that it is an analysis of a problem that has come to light relatively recently (March 2020), has so far, only been the subject of consideration in press articles.

scholarly journals Informacja handlowa i marketing bezpośredni bez uprzedniej wyraźnej zgody – wybrane zagadnienia

Radca Prawny ◽  
2021 ◽  
pp. 165-190
Author(s):  
Piotr Kantorowski
Keyword(s):  
Electronic Communication ◽  
Direct Marketing ◽  
Personal Data ◽  
Marketing Communication ◽  
Legal Regulations ◽  
Legal Norms ◽  
Explicit Consent ◽  
Provision Of Services ◽  
Marketing Activities ◽  
The Subject

Commercial information and direct marketing without prior and explicit consent – selected issues The aim of the article is to examine legal regulations in the context of answering the question whether – and if so, then under which circumstances – marketing activities performed via means of electronic communication are legal when the party conducting these activities does not have the prior and explicit consent to perform them. In particular, the article will analyze the provisions of Article 10 of the Act on provision of services by electronic means and Article 172 of the Act – telecommunication law, which are the key legislative provisions to resolve this issue. To answer the question posed in the article, the subject and object scopes of both legal norms in particular will be compared. Such a comparison is necessary to determine whether – and if so, then what kind of – marketing communication can be made without prior and explicit consent. On the other hand, the author will not discuss more broadly the issues concerning the processing of personal data, although he will draw attention to the conditions that must occur in order for the personal data held by the controller to be used for the purposes identified above.

III. Provisional Measures under the Brussels Convention

1999 ◽  
Vol 48 (4) ◽  
pp. 970-972
Author(s):  
Wendy Kennett
Keyword(s):  
Subject Matter ◽  
National Court ◽  
Brussels Convention ◽  
Protective Measures ◽  
European Court ◽  
Provision Of Services ◽  
The Subject ◽  
Arbitral Proceedings ◽  
Definition Of

The definition of provisional and protective measures and the scope of Article 24 of the 1968 Brussels Convention were matters addressed by the European Court in Case C–391/95, Van Uden Maritime BV v. KG in Firma-Decoline. The plaintiff was seeking interim payment under a contract even though the dispute over payment had been referred to arbitration. As an initial issue the European Court noted that the existence of arbitral proceedings on the merits did not take the dispute over provisional measures out of the scope of the Convention. The subject-matter of the dispute, which was determinative in establishing the applicability of the Convention, was payment under a contract for the provision of services. The existence of an arbitration agreement was, nevertheless, found relevant by the Court. The Court noted that normally a national court with jurisdiction to hear the merits of a case would also have jurisdiction to hear any application for provisional or protective measures. Where the proceedings had validly been referred to arbitration, however, no national court would have jurisdiction to hear the merits of the case under the Convention. Article 24 was then the only basis on which a court might assume jurisdiction to grant provisional measures.

scholarly journals Romiešu sabiedrības līgums (societa) un romiešu tiesiskie principi mūsdienu Latvijas tiesībās

2015 ◽  
Vol 3 (3) ◽  
pp. 91-98
Author(s):  
Allars Apsītis
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Legal Principles ◽  
Moral Principles ◽  
The Subject ◽  
The Republic ◽  
Partnership Agreement

Rakstā atspoguļoti autora veiktās romiešu tiesību pirmavotu, galvenokārt romiešu sabiedrības līguma (societa – lat. val.), tiesiskā regulējuma izpētes rezultāti par minētā regulējuma un modernās Latvijas likumdošanas aktu idejiskajām kopsakarībām. Tajā uzsvērta romiešu legālo principu ietekme uz tādu darījumu, kuru priekšmets ir neatļauta un nepieklājīga darbība ar reliģijai, likumiem vai labiem tikumiem pretēju mērķi, spēkā neesamības tiesiskajā reglamentācijā, kā arī uz Latvijas Republikas Civillikumā ietverto “maldības”, “viltus”, “nosacījumu”, “termiņu” un “tiesiska darījuma formas” koncepciju romiskajiem pamatiem. Latvijas pētnieki minēto tematiku šādā skatupunktā īpaši nav aplūkojuši, ar publikācijām latviešu valodā autoram saskarties nav nācies, tāpēc šis pētījums varētu dot ieguldījumu nacionālās tiesību zinātnes attīstībā. The article deals with the results of the author’s research performed on the original sources of the legal regulation of Roman Law, mainly, Roman partnership agreement (societa – Latin) in relation to the principles of interconnections between the above mentioned regulation and the legislative acts of modern Latvia. The influence of Roman legal principles in relation to the regulation of an impermissible or indecent action has been pointed out, the purpose of which is contrary to religion, laws or moral principles – it may not be the subject-matter of a lawful transaction; such a transaction is void; there have also been emphasised such concepts as “mistake”, “fraud”, “conditions”, “terms” and “form of lawful transaction”, which are based on the Roman Law and included into the Civil Law of the Republic of Latvia. Latvian researchers have not studied the above mentioned problems in relation to these aspects; the author has not found any publication in Latvian concerning these issues. Thus, the research might be a particular contribution to the development of national jurisprudence.

Sign in / Sign up

Export Citation Format

Share Document