scholarly journals Organizer of Creation of a Complex Object of Intellectual Property Rights: Problems of Theory and Practice

2018 ◽  
pp. 123-128
Author(s):  
E. S. Grin ◽  
V. A. Alekseeva
Keyword(s):  
Legal Status ◽  
Theory And Practice ◽  
Complex Object ◽  
System A ◽  
Creative Contribution ◽  
The Russian Federation ◽  
The Creation ◽  
Anglo American ◽  
Audiovisual Work ◽  
American Legal System

In the Russian Federation, a person who organized the creation of a complex object is not the author of such an object. Traditionally, civil law distinguishes a triumvirate of authors of a complex object on the example of one of its type - an audiovisual work. A production director, scriptwriter and composer who created music specially for this work are recognized as authors. However, the foreign legislation of some states has a different approach to this issue. In the article, on the example of such a participant as a producer, the author considers the problem of determining his legal status, since in the countries of the Anglo-American legal system a producer is considered to be the author of the movie. The article highlights that the person responsible for the organization of the process of creating such an object, in particular, the person who took the initiative and responsibility for the creation of the relevant object (not only financial contribution but also creative one), may be considered to be the author provided he makes a creative contribution to the creation of a complex object.

scholarly journals Theory and practice of public hearings in urban planning

2019 ◽  
Vol 135 ◽  
pp. 03012
Author(s):  
Zinaida Ivanova
Keyword(s):  
Urban Planning ◽  
Legal Status ◽  
Theory And Practice ◽  
Public Hearing ◽  
Urban Residents ◽  
Expert Interviews ◽  
The Public ◽  
Implementation Processes ◽  
Public Hearings ◽  
The Russian Federation

The author raises the issue of improving the public hearing procedure. The author analyses the established practice of public hearings in Russia, criticizes the new Urban Planning Code adopted in the Russian Federation, and expresses her concerns about the violation of its provisions regulating public hearings and discussions. These concerns are the outcome of an extensive in-depth research into the practice of public hearings, the analysis of their minutes and resolutions; the process of monitoring the course of public hearings, and sociological surveys launched among different categories of respondents in Moscow. The author analyzes the findings of the polls launched among Muscovites, as well as the expert interviews given by the deputies of the Moscow State Duma and members of urban initiative groups. The author’s conclusion is that the conversion of public hearings into an efficient public and political institute requires the reconsideration of their organization and implementation processes, let alone the assignment of a legal status to resolutions of public hearings. The author proposes a two-step public hearing model that will make it possible to expose projects to thorough expert evaluations by independent specialists and to launch extensive discussions among urban residents.

scholarly journals INTERRELATION BETWEEN RESTITUTION AND UNJUST ENRICHMENT: LESSONS LEARNED FROM THE EXPERIENCE OF ANGLO-AMERICAN LEGAL SYSTEM

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Анна Джанаева ◽  
Anna Dzhanaeva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Lessons Learned ◽  
Protection Measure ◽  
Law System ◽  
Unjust Enrichment ◽  
Judicial Practice ◽  
Russian Law ◽  
Anglo American ◽  
American Legal System

The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the application of legal rules is specified). The first approach is typical for unjust enrichment in the continental law system, the second one — in the Anglo-American legal system. The Russian legislation thereby simultaneously uses two criteria — most situations are covered by the “absence of ground” principle, and restitution as a consequence of transaction invalidation is set aside, in this situation the “unjust factor” principle is applied. Mixing two different approaches seems unjustified. In addition, the author notes that legal consequences and the nature of restitution and unjust enrichment in the Russian law are basically the same — both institutions have the aim to restore the legal status that existed before the person who unjustly enriched himself breached the law. The author concludes that there is a need to avoid duplication of legal institutions of unjust enrichment and restitution in the Russian law, and to make restitution a universal protection measure for any event of unjust enrichment.

Legal Status of Technical Committees on Standardization in the Russian Federation

10.12737/3458 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 22-30
Author(s):  
Людмила Андриченко ◽  
Lyudmila Andrichyenko ◽  
Влада Лукьянова ◽  
Vlada Lukyanova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Technical Committee ◽  
Federal Law ◽  
Technical Regulation ◽  
System A ◽  
The Status ◽  
Permanent Working ◽  
The Russian Federation ◽  
Working Bodies

Federal law on technical regulation introduced into the national standardization system a new entity — technical committees for standardization. Currently it is a technical Committee on standardization are permanent working bodies in the sphere of standardization and define priority directions of development of standardization in their respective fields. However, the uncertainty of their legal status diminishing the effectiveness of the standardization activities. The authors of the article, having considered the most important problems of legal regulation of the status of technical committees for standardization, sharing their vision of the optimal ways to solve these problems.

State service of the Russian Federation in the sphere of law enforcement: problems of theory and practice of administrative and legal regulation

2018 ◽  
Author(s):  
Роман Нагорных ◽  
Roman Nagornyh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Russian Federation

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.

scholarly journals TO THE QUESTION OF THE LEGAL STATUS OF FEDERAL TERRITORIES

2021 ◽  
Vol 6(72) (3) ◽  
pp. 49-56
Author(s):  
A. Yu. Sibileva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Public Law ◽  
Constitutional Reform ◽  
Close Attention ◽  
The Russian Federation ◽  
Points Of View ◽  
The Creation

The article analyzes the provisions of the 2020 constitutional reform in the Russian Federation. The most close attention is paid to the provisions of Article 67 of the Constitution of the Russian Federation, namely, the creation of a new legal public-law entity with a special status – a federal territory. Various points of view regarding the concept and essence of the education in question are considered.

scholarly journals The Family Law Status of a Parent: Some Issues of the Theory and Practice

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Olga V. Kuptsova ◽  
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Theory And Practice ◽  
The Family ◽  
Living Together ◽  
The Status ◽  
Moral Damage ◽  
Legal Position ◽  
The Russian Federation ◽  
A Minor

The article considers the legal status of the parent as a special legal status determined by family law of the Russian Federation. Attention is drawn to the heterogeneity of the legal status of the parent and the possibility of distinguishing in it a number of independent, having their own characteristics, sub-statuses: the status of an adult and a minor parent, full and limited status of a parent, the status of a parent living together with a child, and a parent living separately from a child. The concept of parent is characterized, the need to determine it by indicating not only consanguinity, but the totality of legal facts or to establish the origin of the child. Parental rights and obligations are distinguished as elements of the family legal status of the parent, non-property and property rights, basic and derivative rights, non-property and property obligations of parents are analyzed. Given the existing approaches to determining the legal status and its structure, it is proposed to determine the family legal status of the parent. Measures are outlined to optimize the family-legal position of the parent in terms of ensuring the enforceability of the obligation to support the child and establishing the obligation to compensate for moral damage caused to the child and the other parent.

scholarly journals Constitutional principles of the creation of federal territories in Russia

2021 ◽  
Vol 21 (4) ◽  
pp. 468-476
Author(s):  
Sergey S. Starikov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Public Power ◽  
The Public ◽  
Strict Compliance ◽  
New Type ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

Introduction. During the constitutional reform of 2020, part 1 of Article 67 of the Constitution of the Russian Federation was supplemented with a provision on the possibility of creating federal territories. In this regard, questions need to be resolved about how the constitutional novel should relate to the principles of federalism established by the Constitution of the Russian Federation, and what the principles for the creation of federal territories in Russia are. Theoretical analysis. The creation of federal territories in the Russian Federation should take place subject to strict compliance with the principle of state integrity, the principle of equality and self-determination of the peoples of Russia; the principle of unity of the public power system; the principle of priority of individual rights and freedoms, their recognition, observance and protection by the state; the principle of compliance with the goals of the formation of federal territories with the strategic interests of the Russian Federation. Empirical analysis. It is revealed that the current version of Part 1 of Article 67 of the Constitution, firstly, establishes the possibility of creating federal territories as a new type of public legal territory, secondly, provides for a special organization of public power in these territories, different from the generally accepted organization operating on the territory of the subjects of the Russian Federation, and, thirdly, defines the constitutional and legal mechanism for their creation: the adoption of a federal law. This norm does not specify the types of federal territories and the possible goals of their creation. These issues are fully attributed to the discretionary powers of the Russian Parliament. Results. Based on the analysis of the scientific literature devoted to the problems of federal territories in Russia and abroad, and the legislation of the Russian Federation, the definition can be formulated: federal territory is a public legal entity that has a special constitutional and legal status determined by national strategic significance, created in accordance with a regulatory act providing for direct or indirect management of it by the federal government, defining the specifics of the exercise of public power in accordance with the goals of creation, additional guarantees and restrictions on the rights and freedoms of citizens.

scholarly journals The Mistaken Doctrine of Common Law: A Critique

2016 ◽  
Vol 7 (3) ◽  
pp. 173-181
Author(s):  
Lukáš Nikodym ◽  
Tomáš Nikodym ◽  
Tereza Pušová
Keyword(s):  
Business Cycles ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Roman Law ◽  
The Creation ◽  
Anglo American ◽  
American Legal System

Abstract The study deals with Huerta de Soto’s thesis about the “mistaken doctrine of common law”, which is based on the equalization of depositum irregulare and mutuum contracts. He concluded that equalization of these contracts resulted in the creation of business cycles. According to this study, Huerta de Soto made a mistake when considering contracts inspired by the continental law based on Roman law. The study shows that mutuum was even in Roman law an ancient contract that was not codified, and that Huerta de Soto’s interpretation of this contract in the Anglo-American legal system is based more on civil law, not on common law as he stated in his work. Finally, the problem of common law did not lie in the equalization of the mentioned contracts, but rather in the absence of depositum irregulare contracts applied to monetary questions.

scholarly journals The Judicial and Legislative System in the Society of Prof. Momchil Dobrev’s and by Prof. Mariola Garibova-Dobrev’s Theory of Socio- Humanism - Against the Judiciary of the Global Mafia Masonic Elite and its Deep Rule

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Lord Prof. PhD PhD Momtchil Dobrev-Halachev ◽  
Keyword(s):  
Direct Democracy ◽  
Theory And Practice ◽  
Social Health ◽  
Human Society ◽  
Environmental System ◽  
System A ◽  
The Creation ◽  
Political Economic ◽  
New System

Lord Prof. PhD PhD Momtchil Dobrev-Halachev and Prof. Mariola Garibova-DObreva developed 2006 Theory of socio-humanism by developing the creation of a new human society with a new political, economic, social, health, educational, environmental system, a new system of control of political and other decisions - direct democracy, creating a system of direct democracy in the judiciary, in the legislative system, Prof. Momchil Dobrev and Prof. Mariola Garibova created in 2006. "Theory of degree of justice / injustice /" as well as "Theory of the degree of democracy" based on their practice in court, prosecution, state and especially the practice of Prof. Mariola Garibova-Dobreva as a judge with decades of experience as such as a civil and a criminal judge. Prof. Momchil Dobrev co-founded 2003 Theory of Corruption and Theory of the Mafia and Theory and Practice of Mafia, which contribute to clearing the Theory of the Degree of Justice / Injustice.

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