Value-legal aspects of providing legal protection of rights to trademark in Ukraine

2021 ◽  
pp. 80-84
Author(s):  
M. Kotenko
Keyword(s):  
Scientific Knowledge ◽  
Legal Protection ◽  
Legal Aspects ◽  
Scientific Basis ◽  
Scientific Development ◽  
Goods And Services ◽  
Current State ◽  
Scientific Analysis ◽  
Episodic Nature ◽  
Functional Purpose

The paper reveals the relevance of scientific knowledge of the value and legal aspects of understanding the signs for goods and services as a basis for legal support of rights to them. The philosophical and scientific basis of scientific research of value-legal aspects of understanding of signs for goods and services is established. The scientific views of scientists concerning understanding of value and legal aspects of signs for the goods and services are generalized. It is concluded that the current state of scientific development of axiology of understanding of signs for goods and services indicates the episodic nature of these studies, as the scientific study of these issues was carried out indirectly through scientific analysis of other related legal phenomena and processes. The author summarizes the methodological potential of the valuelegal approach to the understanding of signs for goods and services. Based on the analysis of doctrinal approaches to understanding the value and legal aspects of marks for goods and services, the value and legal aspects of legal protection of rights to marks for goods and services in Ukraine are determined. It is concluded that the essence and content of legal protection of trademark rights for goods and services will be determined by the functional purpose of the brands themselves, which in turn will characterize the value of legal protection of trademarks as a whole. The legal protection of trademark rights for goods and services has a guarantee value in relation to the latter in terms of their ability to individualize goods and services through their separation among homogeneous goods and services on the market. It is proved that the legal protection of trademark rights for goods and services allows their public distribution and advertising of goods and services.

scholarly journals The principle of reasonableness in law and its functional purpose in the system of principles of law

2020 ◽  
Vol 11 (11) ◽  
pp. 219-223
Author(s):  
Strashinsky B. R.
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Critical Evaluation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Development ◽  
Important Place ◽  
Law System ◽  
Functional Purpose

The problem of the functional purpose of the principles of law as a phenomenon of legal reality is central to the study of the theoretical and legal aspects of the principles of law as a whole. This research is potentially able to fill the gap of scientific knowledge and will facilitate further study of the problems of legal support and the practice of implementing the principles of law as a key means of ensuring human rights and freedoms. An important place in the system of principles of law is the principle of its reasonableness, the role and function of which is derived from the functions of law as a whole. At the same time, the lack of research on the role and functional purpose of the principle of reasonableness, as well as its practical importance in the current context of strengthening legal regulation in Ukraine, requires a significant strengthening of the scientific study of this principle, especially in terms of establishing its role, isolating its functions and their characteristics. Research on the role and functional purpose of the principle of reasonableness of law requires a thorough analysis of the current state of scientific development of these issues, its critical reflection and the development of specific approaches to the characteristics of its functional purpose and role in view of the current processes of transformation of the phenomenon under study. The author analyzes the doctrinal approaches to the characterization of the functional purpose of the principles of law in general and the principle of reasonableness in law in particular. Critical evaluation of the functional purpose of the principle of reasonableness in law is given. Prospects of scientific knowledge of the principle of reasonableness in law are determined. The functional purpose of the principles of law is generalized and the functional purpose of the principle of reasonableness in law as an independent legal phenomenon is specified. The functions of the principle of reasonableness should be understood as the basic directions of influence of ideas of reasoning on law-making, law-interpreting and law-enforcement activities, determined by the essence and social purpose of this principle, with the purpose of ordering them. it is noted that the functions of the principle of reasonableness are characterized in that they are derived from the essence of this principle. The role of the principle of reasonableness in law is established and its functions are classified, which include: stabilization, orientation, ideological, educational, prognostic functions, the function of unification of the practice of applying the rules of law, their content is revealed. Keywords: law principles, functions law principles, principle of reasonableness in law, role of principle of reasonableness in law, system law principles.

scholarly journals Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect

2021 ◽  
pp. 277-281
Author(s):  
А. А. Marzhyna
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
Scientific Research ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Range Of Functions ◽  
Functional Purpose

The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union. Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary: first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions; secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc. In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary. Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.

scholarly journals The theory of law functions. Introduction

Legal Ukraine ◽  
2020 ◽  
pp. 6-13
Author(s):  
Viktor Kovalskyi
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Professional Competence ◽  
The State ◽  
Important Place ◽  
Scientific Analysis ◽  
Legal Security ◽  
The Impact ◽  
Functional Purpose

The development of the theoretical doctrine of the functions of law is associated with the creation of fundamental scientific knowledge about legal phenomena, processes and events. An important place in this case is occupied by an understanding of the impact of law on public, political, economic processes, civil society institutions, the binding of state power institutions to the norms of law, as well as legal motivation and identification of a person. Scientific knowledge about the state, determination and laws of the functions of law, their functioning in the information and legal space, is formed at the intersection of industry and intersectoral generalizations, the absorption of certain signs, phenomena and processes. Such knowledge relates, firstly, to the development of a methodology for the analysis of new social and legal phenomena (development of the technology of scientific analysis), and, secondly, they are realized in the context of obtaining and consolidating in the practical plane legal facts, concepts, events (development of legal praxeology). The scientific and practical problems of the functional purpose of law are related to the issues of management tools based on law, society’s self-preservation, legal security, legal consolidation and professional competence, as well as the development of legal awareness, legal culture and legal mentality of Ukrainian citizens. A theoretical analysis of the problems of the function of law can be properly carried out in determining the public boundaries of the emergence and change of legal relations, including those combined in protective, regulatory, organizational jurisdictions; at the present stage, such jurisdictions are mainly departmental or sectoral in nature. Among the many legal phenomena that have become the object of functional analysis, such phenomena as the state and quality of the legal system, the quality of legislation, the sequence of legal policy, legal civilization, regulation and control of public relations have recently attracted attention. The conceptual apparatus of legal science has recently increased significantly, although at the same time the methodological circle of concepts and methods of analysis practically remains the same. Conclusion: the theory of the functions of law makes it possible to determine the objects, objects and methodology of scientific knowledge of law in its functional purpose, integrative interpretation of legal concepts and categories. Key words: functions of law, influence of law, binding by the right of power, legal identification, expansion of the methodology of scientific analysis, restrictions on human rights, jurisdictions.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Integrative Approach in Law Understanding: the History of the Origin of Ideas and the Current State

2020 ◽  
Vol 2 (1) ◽  
pp. 115-130
Author(s):  
R. R. Palekha ◽  
Keyword(s):  
Central Place ◽  
Scientific Basis ◽  
Integrative Approach ◽  
Current State ◽  
History Of ◽  
Legal Thinking ◽  
Reliable Knowledge ◽  
The Right ◽  
Fat Formulation

Introduction. Right understanding is the most live, interesting and, at the same time, the uncertain and changeable area of researches which takes the central place as in the general theory of the right, and gains the increasing value in industry jurisprudence that is connected with its considerable teoretiko-methodological and applied potential which is shown in spheres of lawmaking and law-enforcement activity. Thus, right understanding represents research tools of the subject of knowledge which allow to study all range legal and, the based on them, state phenomena for the purpose of obtaining reliable knowledge of state and legal reality. In this regard integrative approach in right understanding which has rich history of the formation and development is of special interest, allows to perceive the right as integrally complete phenomenon, as much as possible retrieves its regulatory abilities and, provides achievement of criteria of scientific research: comprehensiveness, objectivity, historicism. Materials and Methods. In article an attempt of the analysis of integrative approach in right understanding from a position of history of origin of his ideas and assessment of the current state is made. A result of studying of scientific literature, generalization and comparison of the different points of view fat formulation of author’s determination of category “right understanding” and submission of the evidence-based integrative theory of right understanding which as much as possible conforms to requirements of time and has essential regulatory and guarding potential. Results. In article the category right understanding is comprehensively considered, different integrative theories of right understanding from a position of their origin and development are submitted, the value of modern integrative approach in right understanding is shown, perspectives of its further development are evaluated. Discussion and Conclusion. The author comes to the conclusion about the theoretical and methodological consistency and inevitability of the integrative approach in law understanding, which acts as a scientifically grounded type of legal thinking capable of comprehending the law on a truly scientific basis.

scholarly journals Commentary to “Practicing Dialectics of Technoscience During the Anthropocene” by Hub Zwart

2021 ◽  
Author(s):  
Hans-Jörg Rheinberger
Keyword(s):  
Synthetic Biology ◽  
Philosophy Of Science ◽  
The Other ◽  
Scientific Development ◽  
Current State

AbstractHub Zwart’s article is about the idea—and the practice—of an embedded philosophy of science, that is, a philosophy participating in and at the same time reflecting about the current state of the sciences facing the Anthropocene, to which I am very sympathetic. There are, however, two caveats. The first is that participation is always in danger to end up in a more or less uncritical eulogy, in the present case of synthetic biology. The second is that I have doubts about packing the historical path of scientific development into the Procrustes bed of Hegelian dialectics. This usually leads to one or the other form of teleology.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. 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, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Criteria for the Evaluation of Social Policy Effectiveness of States

2014 ◽  
pp. 87-97
Author(s):  
V. Sautkina
Keyword(s):  
Developed Countries ◽  
Legal Aspects ◽  
Educational Services ◽  
State Control ◽  
National Education ◽  
Current State ◽  
The Usa ◽  
The Government ◽  
High Level ◽  
The Cost

The following article is devoted to the study of current state of national education and healthcare systems. The cost of services in these areas constantly increases, there for even developed countries are forced to make significant efforts in order to maintain earlier achieved results. Due to this reason countries entered into the period of constant reforms with the purpose of maintaining that high level of health and educational services for all segments of population with a constant reduction of its volume of financing. The legal aspects of these changes are requiring manifestation of the will of politicians in order to overcome the opposition of parties which are defending their interests. As an example, the main opponents of the healthcare reforms proposed by Barak Obama in the USA are Republicans who are concerned about a significant increase of a state control over the entire national insurance system. The author comes to the conclusion that only joint actions of the government and every segment of population might actually improve the quality of medical and educational services.

The Current State of Relationship Science: A Cross-Disciplines Review of Key Themes, Theories, Researchers and Journals

2021 ◽  
pp. 026540752110476
Author(s):  
Jennifer A Sharkey ◽  
Jacqueline S Feather ◽  
Sonja Goedeke
Keyword(s):  
Scoping Review ◽  
Scientific Knowledge ◽  
Interdisciplinary Research ◽  
Romantic Relationship ◽  
Descriptive Analysis ◽  
Theory Development ◽  
Current State ◽  
Relationship Processes ◽  
State Of Research ◽  
Underlying Mechanisms

This article provides a circumscribed descriptive analysis of the current state of research worldwide related to adult romantic relationship processes and their underlying mechanisms. A scoping review was used to gather data. This yielded 15,418 eligible articles from 1,687 different academic journals. From these, we outline key themes and theories arising in the last seven decades and note the most prolific journals and authors. The study of relational wellbeing has focused on overt behaviors such as communication and commitment, on underlying attitudes and motives such as empathy and contempt, and on substrates and circumstances such as neurobiological functioning and life stressors. The results reveal the strong interdisciplinary research underpinnings of the field of relationship science and show up key influences over its expansion. Results are intended to give an overview of key peer reviewed research that has contributed to the development of current scientific knowledge and theory development in this field.

Medical personnel: state, training and movement

2021 ◽  
Author(s):  
Sergej Makarov ◽  
Keyword(s):  
Federal District ◽  
Medical Personnel ◽  
Educational Organizations ◽  
Sociological Study ◽  
The Public ◽  
System A ◽  
Current State ◽  
Regional Health Care ◽  
Irkutsk Region ◽  
Scientific Analysis

The monograph presents a scientific analysis of the medical personnel of a constituent entity of the Russian Federation on the example of the Irkutsk region. The analysis covers various aspects characterizing the current state and development of human resources in the public sector of the regional health care system. A comparative analysis of the training of doctors and paramedical workers is presented in relation to educational organizations that train doctors and paramedical workers on the scale of the Siberian Federal District. On the territory of the Irkutsk region the movement of medical personnel, their turnover, as well as educational and professional trajectories of medical personnel in the region are analyzed in depth. The data on the movement of medical personnel are supplemented by the results of a sociological study of its causes.

Sign in / Sign up

Export Citation Format

Share Document