scholarly journals Related rights: conceptual approaches, definition and key features

2021 ◽  
Vol 25 (2) ◽  
pp. 541-561
Author(s):  
Natalia V. Buzova

The development of technologies contributes to the emergence of new intangible objects that have potential value and are aimed at spreading the results of creativity and information. In this regard, the society is interested in encouraging the activities of entities that create such objects. One of the options for the protection of such objects is to grant the related rights. Considering the technological changes in society associated with the use of information and telecommunication networks and artificial intelligence, the issues of granting related rights to new entities gain relevance. In order to identify the possibility of expanding the institution of related rights and determine the directions of such expansion, the article analyzes the main approaches to the formation of the institute of related rights, their characteristics, and attempts to deliver a working definition of the concept of related rights. On the basis of a comparative analysis, the author considers Russian and foreign legislative acts in the field of intellectual property, international treaties on copyright and related rights, as well as legal literature. The most supported idea of the formation of the institute of related rights is the functional purpose of the activities of subjects of related rights, acting as intermediaries between authors and representatives of the public. However, the institute itself is evolving and recognition of related rights for new subjects depends not only on the functional purpose of the activity, but also on their organizational and/or economic contribution aimed at processing and disseminating works and information. It can be assumed that the institute of related rights will continue to expand with the development of technologies and the public demand for new services provided by new technologies.

2021 ◽  
Author(s):  
Stephen X. Zhang ◽  
Francisco Arroyo Marioli ◽  
Renfei Gao

AbstractPolicymakers and researchers describe the COVID-19 epidemics by waves without a common vocabulary on what constitutes an epidemic wave, either in terms of a working definition or operationalization, causing inconsistencies and confusions. A working definition and operationalization can be helpful to characterize and communicate about epidemics. We propose a working definition of epidemic waves in the ongoing COVID-19 pandemic and an operationalization based on the public data of the effective reproduction number R. Our operationalization characterizes the numbers and durations of waves (upward and downward) in 178 countries and reveals patterns that can enable healthcare organizations and policymakers to make better description and assessment of the COVID crisis to make more informed resource planning, mobilization, and allocation temporally in the continued COVID-19 pandemic.One Sentence SummaryA working definition and operationalization of waves to enable common ground to understand and communicate COVID-19 crisis.


2021 ◽  
Vol 6 (10) ◽  
pp. 29-36
Author(s):  
Feruza Yuldasheva ◽  

The purpose of this article is to study theoretical approaches to the definition of the concept of public service. The author has researched a significant list of Soviet and modern legal literature devoted to topical issues of the institute of public service. The main concept of this article is that the institute of public service is considered by us from the standpoint of consistency. The author's definition of the concept of "public service" is proposed. In addition, the article presents various concepts of understanding the concept of "public service". At the same time, the author draws attention to the fact that there is no unified normative establishment of the legal concept of "public service" in the domestic legislation. The conclusions are based on the analysis of the experience of foreign countries.Keywords: public service, civil service, public service, public administration, types of public service


Author(s):  
Fiona Ecarnot ◽  
Stéphane Sanchez ◽  
Gilles Berrut ◽  
Véronique Suissa ◽  
Serge Guérin ◽  
...  

The meaning of place and home for community dwellers and nursing home residents remains unclear. We explored the relationship between older people and their “life territory”, to propose a working definition of this concept, which could be used to orient policy decisions. Individual, semi-structured interviews were performed with older people, nursing home staff, and representatives of local institutions/elected officials in four European countries (France, Belgium, Germany, Italy). Interviews were transcribed and analysed using thematic analysis. In total, 54 interviews were performed. Five main themes emerged: (i) working definition of “your life territory” (a multidimensional concept covering individual and collective aspects); (ii) importance of the built environment (e.g., public transport, sidewalks, benches, access ramps); (iii) interactions between nursing homes and the outside community (specifically the need to maintain interactions with the local community); (iv) a sense of integration (dependent on social contacts, seniority in the area, perceived self-utility); and (v) the use of new technologies (to promote integration, social contacts and access to culture). This study found that the “life territory” of older people is a multidimensional concept, centred around five main domains, which together contribute to integrating older people into the fibre of their community.


2020 ◽  
Vol 4 (4) ◽  
pp. 124-140
Author(s):  
Natalia A. Lopashenko ◽  
Arina V. Golikova ◽  
Elena V. Kobzeva ◽  
Darya A. Kovlagina ◽  
Mikhail M. Lapunin ◽  
...  

The subject. The article reveals theoretical, lexical and logical approaches to determining the essence of the public danger of crime. The purpose of the article is to confirm or dispute hypothesis that the public danger of crime as a legal or theoretical construction represents the possibility of negative changes in society; public danger is an exclusive social feature of criminal acts. The authors also aim to develop a system of verifiable criteria for public danger. The methodology of the research is an objective assessment of the public danger as legal category. It is performed selecting a system of verified factors of public danger on the basis of analysis and synthesis, induction and deduction, interpretation of legal literature. The main results, scope of application. The meaning of the legal definition of a crime contains the purpose of preventing possible harm to society stipulated in the criminal law. This fact is due to the preventive task (part 1 of article 2 of the Russian Criminal Code). The public danger of crime as a phenomenon of objective reality is meaningless, since the crime is the negative changes and harm that has occurred. The social danger of crime creates a shock to the foundations of society, undermines the conditions of its existence. Other ("non-criminal") offenses that contradict the established law and order in the state do not threaten the basic system of social values. Intersectoral differentiation of legal responsibility should have transitivity, which includes a rule: the degree of repression of coercive measures within various branches of law meets the rules of hierarchy. Mandatory signs of public danger of a crime are that the act: 1) affects significant social relations that need criminal legal protection from causing harm to them by socially dangerous behavior; 2) has a harmful potential that is fraught with causing significant harm or creating a threat of causing such harm to the object of criminal legal protection; 3) results in socially dangerous consequences; 4) is characterized by the guilty attitude of the subject to the deed, expressed in the form of intent or carelessness. Optional criteria of public danger of act are: the characteristics of the crime and characteristics of victim; method of committing a crime; the time, place, atmosphere, instruments and means of committing the crime; the motive; the object of the crime; special characteristics of the perpetrator. The quantitative indicators (size, severity, or other value) of the subject of the offense and its socially dangerous consequences, as well as the repetition of the act and the presence of a special recidivism of crimes should not be used as criteria for public danger of behavior. Conclusions. Public danger is a social feature exclusively of criminal acts (crimes and potential criminal misdemeanors); all other types of offenses are harmful to the interests of society, but they do not pose a danger to it. To exclude competition between criminal and administrative responsibility, it is necessary to take into account the public danger of the crime on the basis of verifiable factors.


2015 ◽  
Vol 47 (4) ◽  
pp. 791-795 ◽  
Author(s):  
Burcu Gürsel

Still prefaced in many commentaries as a taboo, the topic of the genocide in Turkey has ironically become a talking point de rigueur for anyone who is visible in the public sphere and who lays claims to an identity as an intellectual. “Anyone,” then, will momentarily serve as the working definition of the intellectual, for all intents and purposes, in this inquiry into the grammar among Turkish and Armenian intellectuals both within and outside Turkey. The litany of self-proclaimed firsts in addressing the topic of genocide in any given genre in Turkey is better understood in the light of Barthes' notion of the “inflexion” in myth. Such vocabulary of self-advertisement, of being a historic “first,” creates a curious hierarchy when it comes to the all-important topic of a foundational and denied genocide: it is not that the intellectual brings herself to the service of the topic, but that the topic serves up to the rejuvenation of the intellectual's prominence and controversial value in the public sphere. The emphasis is not on the quality, characteristics, or commitments of the works in question, but on the fact of the intellectual being a “first,” and thus, implicitly, a mythical figure above critical inquiry.


Author(s):  
Панасюк Р. ◽  
Петренко В. ◽  
Попова Х. ◽  
Ясінська Й.

The article substantiates the need to improve the known technologies of managing changes in society in general and within its separate socio- economic subsystems by introducing the technology of reengineering the mentality of human resources as a compulsory component of these processes. The main reason of occurrence of unpreparedness and even resistance to implementation changes of human resources of socio-economic systems in the processes of management of changes, determined by the "path dependency problem" that arise in the processes of transformation of society and its components due to the differentiation of ideological, political and the economic views of the participants, as demonstrated by the example of alternative and dominant-complementary institutional matrices of the western and eastern type. It is demonstrated that for conditions and requirements of the society of a new economy it is more appropriate to interpret the institutional matrix as a result of the union of two dominant-complementary matrices in the form of a rhombus, or diamond, the ideological and economic setups of the sides of which will form such changes in the mentality of human resources of modern socio-economic systems that will not be conflicting, which requires a reengineering of the mentality of human resources, ahead of the development and implementation of key organizational, social, technical and technological changes. The working definition of the concept of "reengineering the mentality" of human resources is proposed and it is established that for its large-scale introduction into the management of changes it is necessary to master the leading personnel of systems by ideological and economic installations of a new diamond-like institutional matrix


2021 ◽  
Vol 10 (2) ◽  
pp. 19-30
Author(s):  
Anuradha Iddagoda ◽  
Narayanage Jayantha Dewasiri ◽  
Manoaj Keppetipola

Employee behavior within the organization is governed by organizational culture, which includes values, beliefs, stories, and symbols. Military organizations preserve the sovereignty of the state. Representing the public image and reputation, organizational culture creates a positive atmosphere for the employees. Undoubtedly, certain military metaphors are applicable in the management context. Hence, the study of military organizational culture is essential. This study intends to conceptualize the concept of military organizational culture. In addition, the study also aims at introducing a working definition of organizational culture in the military context and a tool to measure it. The dimensions identified thorough systematic literature review are values, beliefs, symbols, stories, and heroes, and the study intends to develop an instrument to measure the variable of military organizational culture.


Author(s):  
Francesco Amoretti ◽  
Fortunato Musella

Although the question of measurement is crucial when defining any concept, little attention has been devoted to a comprehensive view of information and communication technologies (ICTs) applications, spanning qualitative and quantitative assessments. Due to the lack of a clear definition of e-government, many differences can be noted in the way in which digital policies have been interpreted by academics and practitioners. Coined by the U.S. programme for reinventing government under the Clinton administration (National Performance Review), the term e-government refers to a public sector reorganisation which aims at increasing the efficiency of the public administration and reducing its budget through the use of new technologies. In the words of Douglas Holmes (2001), e-government is “the use of information technology, in particular the Internet, to deliver public services in a much more convenient, customer oriented, cost effective and altogether different and better way. It affects an agency’s dealing with citizens, business and other public agencies as well as its internal business processes and employees” (p. 2). Yet many definitions go beyond the role of e-government in improving the provision of public services. Indeed, the label e-government supports other definitions, not necessarily limited to the computerisation of the public administration (Osborne & Gaebler, 1992). The concept of e-government seems to contain both the redesigning of public services system and a wider transformation of the relationship between private and public actors, so that the restructuring of public administration–influenced by the ideal of a new public management–is combined with the renewal of the democratic decision-making process. Digital policies are presumed to be a key element in improving online service quality and other factors, casting a new role for the citizen-costumer. At the same time, although e-government is becoming a catch-all concept, from an analytical point of view, official reports produced by international actors show a significant convergence in the way in which this is evaluated and measured. Diffusion of e-government practices are often closely related, and limited, to features of public administration Web sites, with reference to dimensions of openness and interactivity (La Porte, Demchak, & De Jong, 2002). Other studies focus exclusively on how citizens and businesses perceive the quality of public e-service, with reference to customer satisfaction, benefits conceived in terms of value and utility of services offered and opportunity of use as strategic factors for performance efficacy and efficiency (Graafland-Essers & Ettedgui, 2003; Stowers, 2004). Only recently a new approach has taken shape, which concentrates more attention on socio-political aspects of the intensive use of new technologies.


2021 ◽  
Vol 11 (3) ◽  
pp. 99
Author(s):  
Robert Home ◽  
Mareike Weiner ◽  
Christian Schader

Combinations of national and international, hard and soft powers, known as Smart Mixes, have been proposed as a way for governments in consumer countries to influence the behaviour of supply chain actors who operate outside their jurisdiction. However, the Smart Mix concept has not yet been precisely defined, which has hindered its operationalization as a means of analyzing the governance of long and complex international supply chains. The aim of this contribution is to derive a working definition of Smart Mixes and use it to create and demonstrate a generalizable analytical tool that facilitates identification of whether a Smart Mix exists in an international supply chain. To address this aim, we reviewed existing literature on Smart Mixes to define the concept, which led to a three-step process for analyzing a supply chain. In a second stage, we demonstrate the process by applying it to the example of organic imports into Switzerland, using data from expert interviews and existing public documentation. The application showed that the governance of the organic sector in Switzerland related to imported products fulfils the criteria for it to be considered a Smart Mix that enables the Swiss Government to influence the behaviour of supply chain actors outside its jurisdiction. This example shows that the proposed Smart Mix concept is sound under particular circumstances: in this case, when the interests of the public and private sectors are aligned so that binding public measures provide protection to the private sector. These circumstances are not unique to organic imports into Switzerland, which allows the conclusion that Smart Mixes may provide sustainability solutions in other international supply chains.


PsycCRITIQUES ◽  
2013 ◽  
Vol 58 (25) ◽  
Author(s):  
Robert Farr

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