scholarly journals Teleological Interpretation of the Category “Exclusive Right”

2021 ◽  
Vol 16 (4) ◽  
pp. 94-100
Author(s):  
S. V. Zykov
Keyword(s):  
Subject Matter ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Single Category ◽  
The Subject ◽  
Teleological Interpretation ◽  
The Right ◽  
Exclusive Right ◽  
Interpretation Method

The paper is devoted to the problem of interpretation of the exclusive right that, contrary to being consolidated as a single category, is formulated differently in relation to different objects of intellectual rights; the powers allocated therein, which constitute (although not exhaustively) its content, also do not coincide in different results of intellectual activity and means of individualization. The use of the teleological interpretation method allows the authors to examine the exclusive right both in the context of the “conflicting right” and the “right to cooperate”, both in statics and in dynamics of legal relations. The purposes for which the exclusive right is normatively formulated are to determine: the rights of a person to his own actions, actions constituting an offense, the subject matter of the contract on granting the right to use the result of intellectual activity and means of individualization. These main objectives may contain additional ones, such as determining the scope of the offence. The normative design of the content of the exclusive right is multilayered and multi-variant, but external contradictions are removed due to teleological interpretation that takes into account the purposes of the legal regulation.

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.

Observations on the Provenance of the Thames Valley Pick, Swalecliffe, Kent

1926 ◽  
Vol 5 (2) ◽  
pp. 224-230 ◽  
Author(s):  
F. H. Worsfold
Keyword(s):  
Subject Matter ◽  
Sloping Ground ◽  
Relative Age ◽  
Treasure Trove ◽  
The Road ◽  
University College London ◽  
Exact Position ◽  
The Subject ◽  
London Clay ◽  
The Right

From the Marine Parade, Tankerton, Whitstable, looking East, one obtains a capital view of Tankerton Bay, Swalecliffe, in which my discoveries have been made which are to form the subject matter of this paper. The grassy cliff at Priest and Sow corner at the end of the road stands at 55 O.D. This height gradually declining round the arc of the bay, to die out entirely in the Long Rock occupying the middle distance and through which the Swalecliffe Brook discharges into the sea. Just beyond, a little to the right, are the disused Swalecliffe Brick Works, with Stud Hill and Hampton lying further back. To the left and edging the horizon, Herne Bay Pier is clearly discernable. The accompanying copy of (Plate I.) the 25-in. Ordnance map of this Tankerton Bay section gives the exact position of the 650 yards from the Parish Boundary Stone eastwards indicated thereon with a X in which are found the gravels and brick-earths which have proved so rich in archaeological treasure trove. The whole of this south-easterly directioned well-drained gently sloping ground, from the Priest and Sow corner to the Swalecliffe brook, forms an ideal camping site. Last April a paper was read by me before the Geological Association, at University College, London, entitled “An Examination of the Contents of the Brick Earths and Gravels of Tankerton Bay, Swalecliffe, Kent,” in which the geological aspect of this section was fairly exhaustively treated, so that in this particular it will be unnecessary for me to do more than give a brief summary of the results of that examination as to the relative age and stratigraphical sequence of the Drift material found here overlying the London Clay.

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.

9. Easements

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Subject Matter ◽  
Essential Feature ◽  
Content Acquisition ◽  
The Subject ◽  
The Right

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by diffrent people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses the express creation vs. implied creation of an easement, along with defences that can defeat an easement.

17. The Essential Characteristics of Easements

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Subject Matter ◽  
Wide Range ◽  
Explanatory Text ◽  
The Subject ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing then the right is not an easement.

An Achievement test in Solid Geometry

1928 ◽  
Vol 21 (3) ◽  
pp. 151-162
Author(s):  
Louis A. McCoy
Keyword(s):  
Secondary School ◽  
Subject Matter ◽  
Achievement Test ◽  
School Mathematics ◽  
The Other ◽  
Good Teacher ◽  
Secondary School Mathematics ◽  
Solid Geometry ◽  
The Subject ◽  
The Right

In the work of teaching secondary school mathematics in a large school where there are as many as twelve different divisions of the same subject, it would be very interesting and indeed very enlightening to see the different grades of work being done. Different teachers have their own pet ways of doing things, of presenting new matter, of conducting recitations, of drilling on old matter, of developing mathematical power in their pupils, etc. And yet they are all striving for the same results. The fact that one teacher's pupils consistently attain better results naturally should put a premium on that teacher's methods, and the work of the department would be improved if some of the other teachers would take a leaf out of the successful teacher's book. Students will often remark “So and So is a good teacher; I get a lot out of his class; he makes things clear; he has good discipline; he certainly gets the stuff over, etc.”An inspector visits the class, notes the attitude of the pupils, the personality and skill of the teacher, and oftentimes is familiar enough with the subject matter of the recitation to see if the pupils are catching and giving back the right things, and then grades the teacher as an Al man, for example. But does the opinion of the boys themselves or the visitor answer the question whether or not the teacher is successful in giving his subject to the pupils? Don't we need something more objective, more tangible, more exact on which to pin our faith? In general the supervisors are hitting it right, also the students, but we think we can do better.

scholarly journals TRANSFORMASI SEBUAH TRADISI INTELEKTUAL: Asal Usul dan Perkembangan Pendidikan pada Masa Awal Sejarah Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 213
Author(s):  
Nasrul Hasan
Keyword(s):  
Subject Matter ◽  
Growth And Development ◽  
Descriptive Analysis ◽  
Early History ◽  
Islamic Education ◽  
Social Education ◽  
Intellectual Activity ◽  
The World ◽  
History Of ◽  
The Subject

Transformation is any displacement of science, the intellectual activity, from teacher to student and so in the context of the growth and development of education in the early history of Islam. The purpose of this discussion to determine the form peralihanilmu and development of Islamic education in the early history of Islam. This writing method descriptive analysis. Discussion regarding the form of change and transition of science in the early history of Islam. Makkah period, the process of transition of knowledge from the companions of the Prophet to be done with the system dealing directly with the Prophet (musyafahah) .After the system says, memorizing and teaching returned as received from the teacher (talaqqi). Both systems are considered to be very tested and most noble among sistempendidikan that ever existed in the world of education. Medina period, is aimed more at political and social education and citizenship. The subject matter of this education is basic thoughts contained in the Charter of Medina and also the teaching of the Koran remains a priority

scholarly journals The Legal Basis For Control in the Sphere of Use And Protection of the Animal World in Ukraine

2019 ◽  
Vol 1 ◽  
pp. 99-108
Author(s):  
Svitlana Marchenko
Keyword(s):  
Environmental Control ◽  
Control Function ◽  
Legal Regulation ◽  
Legal Literature ◽  
The Subject ◽  
Legislative Support ◽  
The Right ◽  
Object Of Control ◽  
The Relationship ◽  
Animal World

The article is devoted to the legal bases for control in the sphere of use, reproduction and protection of the animal world. legislative support of environmental control in the fild of use, reproduction and protection of wildlife was considered. Th system and powers of state authorities and bodies of local self-government concerning the implementation of the control function in the field of use, reproduction and protection of the animal world were investigated. On the basis of the analysis of legal literature and legislation of Ukraine, the peculiarities of legal regulation of control in the fild of use, reproduction and protection of wildlife were singled out, the classifiation of environmental control in the sphere of use, reproduction and protection of the animal world by subjects of its implementation and the areas of the use of animal objects has been made. Particular attention was paid to the implementation of control in the field of fisheries as one of the types of agricultural production. It was concluded that control in the sphere of use, reproduction and protection of wildlife is one of the most important functions of the state in ensuring the right to an environment that is safe for life and health and compensation for damage caused by violation of this right, stipulated in Art. 50 of the constitution of Ukraine. Proper regulation of control activities in the fild of use, reproduction and protection of wildlife can become a guarantee of observance of the norms of the current legislation, and substantially balance the relationship between the subject and the object of control.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

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