scholarly journals The Presumption of a Creative Nature (Originality) of Copyright Objects

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 9-25
Author(s):  
S. V. Mikhailov
Keyword(s):  
Coordinate System ◽  
Original Work ◽  
Practical Significance ◽  
Copyright Holder ◽  
Creative Work ◽  
Information Revolution ◽  
New Work ◽  
Judicial Practice ◽  
Russian Law

The paper is devoted to the doctrinal meaning and practical significance of the presumption of the creative nature (originality) of copyright objects. This presumption is not directly enshrined in Russian law, but it follows from the systemic interpretation of the rules dedicated to notion of the author. A citizen who created a work by his creative work is recognized as the author. The laws of many countries contain the presumption of originality of works, but its interpretations are diametrically different. At the present time, in the conditions of an increasingly accelerating and complicating civil turnover accompanied by the information revolution, legal and technical substantive approaches to the category of originality (as a synonym for creativity) as a common and only prerequisite for the protection of works by copyright and the continental copyright system have gradually begun to converge. At the same time, domestic judicial practice still unreasonably ignores the doctrine of substantial similarity of works based on the presumption of originality. The author proposes an authentic classification of disputes concerning the originality of works, the basis of which is the number of objects involved in the dispute.The author builds a coordinate system, the criterion of which is the degree of change of the original work: identical copying — non-identical copying — processing — free creation of another original work. At the same time, the author emphasizes that a copy, even significantly different from the original, does not cease to be a copy. In legal terms, identical and non-identical copying constitutes reproduction that requires the consent of the author or copyright holder of the original work. A necessary sign of processing is the purpose of the author of the changes to expand the possibilities of using the original work; processing also requires the consent of the author or copyright holder with respect to the original work. Non-identical copying and reworking should be distinguished from creating a new work using an unprotected content of the original authentic work.

scholarly journals On the Issue of Pre-Contractual Liability Qualification

2021 ◽  
Author(s):  
Larisa V. Shvarts ◽  
◽  
Elizaveta S. Deriabina ◽  
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Literary Work ◽  
Creative Work ◽  
Main Concept ◽  
Literary Works ◽  
Judicial Practice ◽  
Domestic Legislation ◽  
Russian Law

The article is devoted to the study of the problem of the protectability of literary works and their components, expressed in the application of the doctrine of the protected form and unprotected content of a literary work as the main concept in domestic legislation and judicial practice. Within the framework of this article, the distinguished legally significant elements under Russian law, the criteria for their protection are analyzed. The author analyzes the influence of the teachings of I. G. Fichte on the protected form and unprotected content on the provisions of legislative acts regulating copyright protection, as well as cases of granting legal protection based on the criterion of the author’s creative work, for example, in relation to such elements of a literary work as the name and character.

Considering the economical nature of investment agreement when deciding practical issues (on example of the lease agreement)

10.12737/985 ◽  
2013 ◽  
Vol 1 (4) ◽  
pp. 219-223
Author(s):  
Александр Сергеев ◽  
Alexander Sergeev ◽  
Татьяна Терещенко ◽  
Tatiana Tereshchenko
Keyword(s):  
Practical Application ◽  
Judicial Practice ◽  
Investment Agreement ◽  
Russian Law ◽  
Lease Agreement ◽  
Legal Classification

In this article the authors analyze the concept of an investment agreement under Russian law and judicial practice for the purposes of the proper legal classification of emerging civil relatios, and demonstrate the practical application of the conclusions made by the example of the lease agreement.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

A Functional Reading of the Epicurean Classification of Desires

Apeiron ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jan Maximilian Robitzsch
Keyword(s):  
Human Nature ◽  
Practical Significance ◽  
Textual Evidence ◽  
The Relationship

Abstract This paper examines the classification of desires that the Epicureans offer in their writings. It surveys the extant textual evidence for the classification and discusses the relationship between natural and necessary, natural and unnecessary, and unnatural and unnecessary desires. It argues that while the practical significance of the Epicurean classification is clear, which desires fall into which class is not. The paper suggests the reason for this may be that the Epicureans acknowledge some variability in their concept of human nature, arguing for a functional reading of the Epicurean classification of desires.

Latviešu metālmūzikas albumu nosaukumi

2021 ◽  
pp. 361-369
Author(s):  
Ingars Gusāns
Keyword(s):  
Current Situation ◽  
Creative Work ◽  
Distinctive Character ◽  
Literary Works ◽  
The Third ◽  
Metal Music ◽  
Local Character ◽  
The Subject ◽  
The Common

The aim of the study is to describe the titles of Latvian metal music albums, from the perspective of content, by identifying the common and distinctive character of the metallic music tradition, and perhaps even the local one. Of 241 album titles (data on Dec. 31, 2019), most are in English, some in French, Latin, Russian, some consisting of digits, and 69 titles in Latvian. These titles are the subject of the research. The main source is Encyclopaedia Metallum (www.metal-archives.com), which still does not reflect the current situation concerning Latvian metal music. Album titles in this study are viewed separately from album designs and song titles and are analysed from the perspective of content. The album title is an important part of the work that has been issued because it is an element that makes the audience/buyer pay attention to the album because it must not be forgotten that today the album is also an item that you want to sell. In general, it can be concluded that Latvian metal musicians, with their album titles in Latvian, are mostly following world trends, as evidenced by the integration in the researcher Deena Weinstein’s classification of Dionysian discourse and discourse on chaos. Most titles are more relevant to the discourse on chaos because the thematic circle of chaos is wider. Latvian mythology, along with history, is an up-to-date source for the creative work of bands that is responsible for the local feeling of the titles. A large enough number are titles that are difficult to fit in the Weinstein’s division and form the third group with philosophical titles and simply all sorts of titles. If the philosophical titles follow the world’s trends, the simple titles include the names of the events, tributes, and the titles of literary works, which give them a local character.

Classification of public companies in Russian law

2020 ◽  
pp. 100-103
Author(s):  
S.A. Kuemzhieva ◽  
L.F. Netishinskaya ◽  
D.D. Oblogin ◽  
V.V. Goncharov
Keyword(s):  
Public Companies ◽  
Russian Law

scholarly journals Approaches and methods for calculating the initial (maximum) price of contracts for the supply of goods, performance of work, provision of services for state and municipal needs

2021 ◽  
pp. 302-318
Author(s):  
М.Г. Городничев ◽  
Л.В. Егорова ◽  
А.М. Измайлов ◽  
А.Ю. Казанская ◽  
Е.А. Кандрашина ◽  
...  
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Relevant Issue ◽  
Maximum Price ◽  
Provision Of Services ◽  
The Russian Federation

В соответствии с законодательством Российской Федерации заказчики для осуществления закупки необходимо обосновать объект закупки, необходимость его закупки, план-график осуществления закупки, начальную (максимальную) цену контракта, а так же способ ее определения, что является актуальным вопросом, в контексте которого в статье изложены подходы и методы для обоснования (расчета) начальной (максимальной) цены контрактов на выполнение работ, оказание услуг и поставок товара, реализуемых в рамках федеральных и национальных проектов, государственных и целевых программ в сфере образования и науки. Практическая значимость материалов статьи заключается в том, что в них представлены классификация существующих подходов и методов, а также рекомендации по их применению для определения цены контракта в зависимости от предмета контракта. In accordance with the legislation of the Russian Federation, customers need to justify the object of purchase, the need for its purchase, the procurement schedule, the initial The (maximum) price of the contract, as well as the method of determining it, which is a relevant issue in the context of which the article sets out the approaches and methods to justify (calculating) the initial (maximum) price of contracts for the performance of work, the provision of services and supplies of goods implemented within the framework of federal and national projects, state and target programs in the field of education and science. The practical significance of the article is that it presents a classification of existing approaches and methods, as well as recommendations on their use to determine the price of a contract depending on the object of the contract.

scholarly journals СОЦІАЛЬНИЙ ОБЛІК ЯК ІНСТРУМЕНТ СОЦІАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ПІДПРИЄМСТВ

2020 ◽  
pp. 74-82
Author(s):  
Руслан Олександрович Костирко ◽  
Денис Вікторович Прозоров
Keyword(s):  
Social Responsibility ◽  
Social Activity ◽  
Scientific Basis ◽  
Practical Significance ◽  
Integrated Reporting ◽  
Socially Responsible ◽  
Social Accounting ◽  
Business Operations ◽  
Methodical Basis

Formulation of problem. Disclosing information about the social responsibility reguires the formation of social accounting model and the justification of specific tools that allow to reflect incomes and expenses that are due to socially responsible activity of enterprise. The aim of the research is scientific basis for preconditions, underlying assumptions, priority directions oforganization of social accounting. The object of the research is the process of accountingfor social responsibility. Methods, used in research: scientific generalization, logical and informative, induction, deduction, analysis. The hypothesis of the research is the assumption that social accounting should be oriented to disclosing information regarding socially responsible activity for different stakeholders and formation of integrated reporting. The statement of basic materials. The increasing social responsibility of enterprises specifies the necessity of the transformation of accounting in order to give transparent information about social and ecological activity for different groups of users, as well as the formation of integrated reporting. The base of development ofsocial accountingmethodology is concept of social responsibility, sustainable development, creation of value, object and classification of socially responsible expenses are specified. It is proved that the model of combined socially oriented accounting that includes the parallel reflection business operations in accounting that are due to social activity based on additional system of analytical accounts, the formation of indicators of financial and social reporting is rational. The classification of objects in the context of realization of concepts of value and socially responsible expenses is proposed in order to organize to rationally organize case -by -case social accounting. The originality and practical significance of the research are determined by the development of underlying assumptions of the development of social accounting methodology, oriented to ensuring social responsibility of the enterprise and scientific and methodical recommendations for the classification of socially responsible expenses. Conclusions and perspectives of further research. Taking into account the need sofdifferent stakeholders for disclosingin formation about effectiveness of the economic, social and ecological activity of entities, further researches will be focused on elucidation of the methodical basis of the organization of accounting for socially responsible expenses .

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 48-62
Author(s):  
Vitalii Urkevych
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Structural Method ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Important Object ◽  
And Performance ◽  
Lease Agreement

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

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