scholarly journals Guilt as a condition of civil liability for violation of copyright and related rights

2021 ◽  
Vol 2 (20) ◽  
pp. 6
Author(s):  
N. Ye. Yarkina
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Civil Liability ◽  
Scientific Article ◽  
Copyright Holder ◽  
Special Significance ◽  
Full Compensation ◽  
The Subject ◽  
Definition Of

The relevance of the scientific article is due to the changes made to copyright legislation, which established a multiple size of civil liability for violation of copyright and related rights. Such responsibility is atypical for civil law, since it provides for the dependence of its size on the form of guilt of the offender. In the doctrine of civil law and jurisprudence, the presumption of guilt in committing a civil offense is traditionally applied. At the same time, the measures of responsibility are aimed at full compensation for the harm caused, regardless of the form of guilt. Therefore, in civil law there is no normative definition of the forms of guilt. At the same time, in cases on the protection of copyright and related rights, the issue of proving the form of the offender’s guilt acquires special significance. This is necessary to establish the basis for civil liability and its size. For this purpose, based on the study of scientific approaches to understanding the category of guilt, the author of the article formulated criteria for establishing a careless form of guilt in violation of copyright and related rights; the signs indicating the absence of guilt in the actions of the offender have been identified; the characterization of intent when committing a violation of these rights is given. The behavior of the violator, which is deliberately aimed at violating the rights of the copyright holder or deliberately ignoring his rights in order to achieve goals useful for himself, should be defined as guilt in the form of intent. The attitude of the subject to the harm caused to the copyright holder is legally unimportant. Intent should be established with respect to the behavior of the subject at the time of the violation, and not after its completion. The application of the criteria for the form of guilt proposed in the article is aimed at solving practical problems in law enforcement

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY

2021 ◽  
pp. 141-146
Author(s):  
O. Zozulyak ◽  
Y. Paruta
Keyword(s):  
Artificial Intelligence ◽  
Civil Rights ◽  
Scientific Community ◽  
Autonomous Robots ◽  
Civil Law ◽  
Limited Liability ◽  
Civil Liability ◽  
Scientific Article ◽  
Simultaneous Application ◽  
Definition Of

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract. The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations.  It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault. The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed. It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

The Concept of Land Real Estate in the Act on Real Estate Management

2020 ◽  
Vol 2(22) ◽  
pp. 37-46
Author(s):  
Michał Kiedrzynek
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
The Subject ◽  
Estate Management ◽  
Definition Of ◽  
Real Estate Management

The management of public real estate has been regulated in many legal acts, among which the Act of August 21, 1997 on real estate management plays the greatest role. The definitions contained in it are intended to explain the most important concepts related to the subject of this act. However, with regard to the definition of land real estate, we are dealing with a repetition of what was defined by the provisions of civil law. Such a situation raises justified interpretation doubts, which may have significant consequences in the application of this act. The existence of two definitions for the same object is undesirable and the Real Estate Management Act should be amended in this respect by including an appropriate reference to the provisions of civil law.

scholarly journals What is the Meaning of Critical Thinking in the Context of Globalization?

MANUSYA ◽  
2001 ◽  
Vol 4 (3) ◽  
pp. 80-96
Author(s):  
Stephen Evans
Keyword(s):  
Critical Thinking ◽  
Subject Matter ◽  
Recent Literature ◽  
Clear Picture ◽  
The World ◽  
The Subject ◽  
Definition Of

A review of recent literature advocating critical thinking as a necessary response to ‘globalizationʼ, gives no clear picture of what critical thinking is. Drawing on Kant and Hermeneutics, this paper proposes a critical definition of critical thinking as an understanding of its subject-matter which questions itself, and a characterization of critical thinking as the tension of standing within the subject-matter while holding it at a distance. Considered against a backdrop of concerns about ‘globalizationʼ, critical thinking is seen, not only as an intellectual method, but also as an existential engagement of the world.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

scholarly journals FORENSICS CHARACTERISTICS IN THE STRUCTURE OF THE CRIME INVESTIGATION METHODOLOGY

2021 ◽  
pp. 228-243
Author(s):  
Е. Lukianchykov ◽  
B. Lukianchykov ◽  
S. Petriaiev
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Cognitive Activity ◽  
Law Enforcement Agencies ◽  
Structural Element ◽  
Historical Aspect ◽  
Stage Of Development ◽  
The Subject ◽  
Qualitative Changes

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.

scholarly journals To the Definition of Preferential Right in Civil Law

2021 ◽  
Vol 17 (2) ◽  
pp. 45-53
Author(s):  
A. V. Pikalov
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Legal Obligation ◽  
Specific Group ◽  
Legal Nature ◽  
The Subject ◽  
Single Idea ◽  
Definition Of ◽  
The Right ◽  
The Relationship

The essential features of the preferential right are revealed and the main approaches to understanding its legal nature are considered. According to the first approach, preferential rights are defined as cases when, under all equal conditions, the advantage is granted by law to a specific group of persons with some special characteristics. The second approach does not have a single idea: the authors focus on a certain aspect of preferential rights and propose to understand other preferential rights in the same way. The place of “preferential rights” among other exceptions in the law is determined, the relationship and difference from related legal categories are shown. Based on the results of carried out research, the author's definition of a preferential right is developed as an additional possibility based on the property (corporate) interest of its owner, established by law or contract, to demand from the subject-accomplice in the right or the party in respect of proper behavior in the form of providing advantages over third parties. This right is proposed to be considered an independent subjective right due to the obvious independence of its existence in objective law as a measure of possible behavior defined by law (by contract, constituent document), the presence of a construction corresponding to it of a legal obligation, its own mechanism for the implementation of this right, and for a number of other reasons set out in the work.

scholarly journals The Transitivity Index: Using Transitivity as a continuous measure to account for clitic case alternation in Spanish causative constructions

PLoS ONE ◽  
2021 ◽  
Vol 16 (2) ◽  
pp. e0246834
Author(s):  
Gustavo Guajardo
Keyword(s):  
Continuous Measure ◽  
Linguistic Variables ◽  
Transitive Verb ◽  
Case Alternation ◽  
Causative Constructions ◽  
Dative Case ◽  
Direct Causation ◽  
The Subject ◽  
Definition Of

In Spanish causative constructions with dejar ‘let’ and hacer ‘make’ the subject of the embedded infinitive verb can appear in the accusative or the dative case. This case alternation has been accounted for by resorting to the notion of direct vs. indirect causation. Under this account, the accusative clitic with a transitive verb denotes direct causation while the dative clitic with an intransitive verb expresses indirect causation. The problem with this account is that we lack an independent definition of (in)direct causation in this context and so this approach suffers from circularity: the case of the clitic is used to determine causation type and causation type implies use of one or the other grammatical case. Therefore, a more objective way to account for clitic case alternation is needed. In this paper, I offer one possible solution in this direction by investigating clitic case alternation against Hopper and Thompson’s Transitivity parameters and a small number of other linguistic variables. The novelty of this approach is that I operationalise Transitivity as a weighted continuous measure (which I call the Transitivity Index) and use it to predict the case of the clitic. The results indicate that the transitivity of the infinitive verb, the animacy of the object and the agentivity of the subject are strong predictors of clitic case. Moreover, the Transitivity Index clearly shows that higher levels of Transitivity are associated with the dative clitic contrary to other contexts in which accusative is said to be more transitive. The findings in this paper allow us to arrive at a finer-grained characterization of the contexts in which each clitic case is more likely to occur and provide further evidence of the pervasiveness of Transitivity in natural language.

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