scholarly journals EFFECTIVENESS AS THE MAIN CRITERION FOR TECHNICAL MEANS OF COPYRIGHT PROTECTION UNDER GERMAN LAW

2021 ◽  
Vol 17 (1) ◽  
pp. 35-42
Author(s):  
ALEXEY N. Kirsanov ◽  
ALEXEY A. Popovich
Keyword(s):  
Copyright Protection ◽  
German Law ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Protection Device ◽  
Intellectual Activity ◽  
Legal Method ◽  
Logical Method ◽  
German Legislation ◽  
General Scientific

Introduction. The article provides an overview of the legal regulation of copyright protection using technical means of protection. German law states that technical means of copyright protection are technologies, devices, and their components. Such technical means are created to prevent or impede illegal actions of users that are not authorized by the copyright holder in relation to the results of intellectual activity. At the same time the legislator pays special attention to the fact that the distinguishing criterion of a technical means of protection against other methods of protection is effectiveness. In the article the authors analyze the legal consolidation of the specified criterion as a distinctive feature of technical means of copyright protection, and also consider the concept and cases of bypassing technical means of protection provided for by German law. Materials and methods. The methodological basis of the research is formed by the following general scientific and special methods of cognition of legal phenomena and processes in the field of intellectual law: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal logical method. Results. As a result of the analysis it was revealed that according to German law the distinguishing feature of technical means of copyright protection from other methods of protection is the criterion of effectiveness. A technical protection device is recognized by the German legislator as effective if the technical protection device cannot be bypassed without the consent of the copyright holder. In the context of the effectiveness of a technical means of protection, German legislation broadly defines the concept of circumvention of technical means. German copyright law, unlike other foreign jurisdictions, contains provisions prohibiting the removal of a technical remedy.Discussions and Conclusions. The main criteria for technical means of copyright protection under German law have been studied, the fundamental of which is the criterion of the effectiveness of a technical means. Cases of circumvention of technical means of copyright protection provided for by German law have been identified. The legal regulation of the ban on the removal of technical means of protection has been explored.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

scholarly journals PECULIARITIES OF ADMINISTRATIVE AND LEGAL REGULATION OF BUSINESS ENTITIES ACTIVITIES DURING THE QUARANTINE IN UKRAINE

2020 ◽  
pp. 67-79
Author(s):  
Liliia Popova
Keyword(s):  
Respiratory Disease ◽  
Legal Regulation ◽  
Acute Respiratory Disease ◽  
Legal Method ◽  
Logical Method ◽  
Regulation Of Activity ◽  
General Scientific ◽  
The Government ◽  
Business Entities

The aim of the article is to investigate the peculiarities of administrative and legal regulation of the activities of business entities during quarantine and to consider possible directions of improvement of such regulation. Methods. The theoretical and methodological basis of the research is modern general scientific and special legal methods and techniques of scientific knowledge. The formal and logical method determines the importance of administrative and legal regulation of the activities of economic entities during quarantine. Formal and legal method allowed analyzing the current legislative and other normative-legal acts concerning administrative and legal regulation of activity of economic entities during quarantine. The structural and logical, comparative and legal methods outline the main directions of improving of implementation the administrative and legal regulation of the activities of economic entities during quarantine. Results. Attention is drawn to the fact that business entities are limited in their actions due to the introduction of quarantine and emergency regime in Ukraine. The article analyzes the legislative and other legal acts adopted to prevent the spread in Ukraine of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2, which regulate the activities of business entities. It is noted that the Government of the State, taking into account the important role of economic entities in the economy of the country, makes prudent measures to support them during quarantine. However, there are certain conditions under which business entities face problems that need to be addressed, primarily at the legislative level. Conclusions. The article indicates the expediency of amending the current legislation to harmonize it in connection with the adoption of a number of regulatory acts aimed at preventing the spread of acute COVID-19 respiratory disease caused by the SARS-CoV-2 coronavirus in Ukraine and use in the legislation of different terminology related to COVID-19.

scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2019 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Intellectual Activity ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
European Regulatory ◽  
General Scientific ◽  
Artistic Works

The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity. The purpose of this study is to determine the specifics of legal regulation in the sphere of restriction of property rights to works in Ukraine. The philosophical, general-scientific and special-scientific methods of cognition have been used in the work, including comparative-legal method, struc- tural-functional, deductive, as well as methods of analysis, generalization and analogies. The author has found the basic inaccuracies and gaps in the legal regulation for of the restriction and free use of works as an object of copy- right. The author proves that the Ukrainian legislator did has not harmonized the provisions of the Law of Ukraine "On Copyright and Related Rights" with the provisions of the Civil Code of Ukraine. Thus, the article shows that the use of such concepts as "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "legitimate use of a work without the consent of the author" are not in line with international practice. The author draws conclusions on the improvement of the legislation to avoid these problems. The implementation of Europe- an practice in the legislation of Ukraine is also highlighted. The results of the study can be used for further research in the field of copyright, including comparative copyright. These proposals may be applied to improve current intellectual property law.

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

scholarly journals Aspects of legal regulation of the provision of medical services

2020 ◽  
Vol 9 (27) ◽  
pp. 357-366
Author(s):  
Oleksandr Shevchuk ◽  
Volodymyr Maryniv ◽  
Yuliia Mekh ◽  
Oleksandra Shovkoplias ◽  
Oksana Saichuk
Keyword(s):  
Medical Care ◽  
Local Governments ◽  
Medical Service ◽  
Legal Regulation ◽  
International Standards ◽  
Medical Services ◽  
Legal Analysis ◽  
Legal Method ◽  
Logical Method ◽  
State Organizations

The article focuses on the need to respect human rights in the provision of medical services in Ukraine. It is strictly unacceptable to restrict citizens of Ukraine in receiving free medical services, since such a right is provided for by Art. 49 of the Constitution of Ukraine. It is proposed to consider that a medical service includes all types of medical care and is a special activity in relation to human health. The concept and main signs of medical services are revealed, it is established that the state, local governments, legal entities and individuals, including the patient, can be the customer of medical services. Ukrainian legislation governing the provision of medical services does not meet international standards. The positive experience of the EU countries (France, Denmark, Slovakia) and the world (Australia, Canada) shows that access to medical services is provided within the framework of medical insurance, in most cases free of charge, and is controlled by authorized state organizations. The purpose of the article is to determine the content, signs of medical services, classification criteria for their subjects, disclose the features of their legal regulation, clarify the problems of legalization of medical services and improve legislation taking into account foreign experience. The research methodology is based on a systematic approach, which is determined by the specifics of the topic of the article, and is also associated with the use of general and special research methods. The comparative legal method and the method of legal analysis were used in the study of legislative rules governing the provision of medical services. Using the method of legal analysis, groups of subjects of medical legal relations in the field of medical services are determined and their powers are analyzed. The formal logical method was used to differentiate the criteria for distinguishing between the legal structures “medical care” and “medical service”. The results of the study contributed to the identification of certain legal problems that arise when citizens receive medical services and require immediate resolution. It is also advisable to introduce compulsory state health insurance.

scholarly journals To the Peculiarities of Legal and Non-Legal Regulation of Social Relations in the Field of Sport

Retos ◽  
2020 ◽  
pp. 131-137
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Anatoliy Kostruba ◽  
Maxym Tkalych ◽  
Yuliia Tolmachevska
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Order ◽  
Scientific Cognition ◽  
Sports Organizations ◽  
Historical Method ◽  
Legal Method ◽  
Logical Method ◽  
Special Area ◽  
Sports Officials

Sport is a unique area of social relations, which is officially autonomous and ruled not only and not so much by national law, but to a greater extent – by the rules of sports organizations. Due to the fact that sport has an autonomous character, which, in particular, is characterized by the presence of various regulatory sources that comprehensively affect the relevant social relations, the concept of a unique "sports legal order" is now beginning to take shape. The study aims to analyze social relations in the field of sport and the peculiarities of their regulation. Moreover, the research methodology includes a set of methods of scientific cognition, among which are the methods of analysis, synthesis, induction, deduction, formal-logical method, historical method and comparative legal method. Regulation of relations in the field of sports is significantly different from the regulation of other social relations. The presence of such features gives grounds for sports officials to declare the special status of the field of sports and the need to remove it from the general legal order. As a result of the study, the authors of the article came to the conclusion that modern sport has an autonomous status and is a special area of legal and non-legal regulation, which has the characteristics of an independent legal order. At the same time, it is too early to claim the existence of a full-fledged “sports legal order”. Resumen. El deporte es un área única de las relaciones sociales, que es oficialmente autónoma y se rige no solo y no tanto por la legislación nacional, sino en mayor medida, por las reglas de las organizaciones deportivas. Debido a que el deporte tiene un carácter autónomo, que, en particular, se caracteriza por la presencia de diversas fuentes regulatorias que inciden de manera integral en las relaciones sociales relevantes, comienza a tomar forma el concepto de un “orden jurídico deportivo” único. El estudio tiene como objetivo analizar las relaciones sociales en el ámbito del deporte y las peculiaridades de su regulación. Además, la metodología de investigación incluye un conjunto de métodos de cognición científica, entre los que se encuentran los métodos de análisis, síntesis, inducción, deducción, método lógico-formal, método histórico y método jurídico comparado. La regulación de las relaciones en el campo del deporte es significativamente diferente de la regulación de otras relaciones sociales. La presencia de tales características da motivos para que los oficiales deportivos declaren el estatus especial del campo de los deportes y la necesidad de eliminarlo del orden legal general. Como resultado del estudio, los autores del artículo llegaron a la conclusión de que el deporte moderno tiene un estatus autónomo y es un área especial de regulación legal y no legal, que tiene las características de un orden legal independiente. Al mismo tiempo, es demasiado pronto para afirmar la existencia de un “orden jurídico deportivo” en toda regla.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Interim measures in the system of guaranteeing the right to a fair trial

2021 ◽  
Vol 66 ◽  
pp. 251-256
Author(s):  
V.V. Zaborovsky ◽  
V.V. Manzyuk ◽  
A.V. Stoika
Keyword(s):  
Legal Regulation ◽  
Fair Trial ◽  
Access To Justice ◽  
Court Decisions ◽  
Security Measures ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Precautionary Measures ◽  
The Right

This research is devoted to the disclosure of the institution of precautionary measures, namely - securing the claim, which is one of the procedural mechanisms for ensuring access to justice. Because it is the possibility of execution of the final court decision that will ensure a fair trial for each participant in the process. To ensure the reliability and completeness of the results obtained by the authors in this study used a set of general and special methods that are characteristic primarily of legal science. The integrated use of such methods ensured the achievement of the purpose and objectives of the study, as well as the persuasiveness of the conclusions. In particular, the dialectical method was used to study the legal nature and significance of the institution of precautionary measures in civil and commercial proceedings. Methods of analysis and synthesis were used in the formulation of basic concepts, such as «precautionary measures», «securing the claim» and so on. The historical and legal method allowed us to focus on the process of legal regulation and legislative consolidation of the institution of security measures. The formal-logical method was used in the analysis of the norms of the current legislation and theoretical developments concerning, in particular, the essence of procedural tools of accessibility or restriction of access to justice. The empirical basis of the study was the materials of domestic judicial practice. Based on the study, the authors conclude that securing the claim as a procedural phenomenon cannot remain unchanged, it acquires new features over time, loses archaic elements, but still does not lose, but rather, on the contrary, increases its importance in modern civil process. Now securing the claim is an integral part of the institution of security measures (along with the provision of evidence), which corresponds to the protected function. Thus, the actual enforcement of court decisions is largely intended to guarantee the institution of securing the claim as one of the types of precautionary measures. Participants in civil proceedings apply to this institution in order to guarantee the execution of future court decisions and prevent them from causing significant harm.

scholarly journals Legal regulation of unmanned aerial vehicles application in the surveillance of the state border of Ukraine

2021 ◽  
Vol 10 (40) ◽  
pp. 190-200
Author(s):  
Serhii Khalymon ◽  
Svitlana Hrynko ◽  
Valentyn Zolka ◽  
Ruslan Hrynko ◽  
Nataliya Volynets
Keyword(s):  
Unmanned Aerial Vehicles ◽  
Legal Regulation ◽  
The State ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Documents ◽  
Legal Method ◽  
Aerial Vehicles ◽  
General Scientific ◽  
Border Surveillance

The goal of the article is to develop proposals for the improvement of the existing normative legal documents regulating UAVs application in the surveillance of the state border of Ukraine. The research methods have been selected based on the goal and tasks of the research. A complex of general scientific and special-scientific methods has been used in the process of the research. In particular, the use of comparative and formal-logical methods made it possible to investigate the evolution of legal regulation of UAVs application by the law enforcement agencies and military formations in Ukraine. The logical and legal method has been used for the development, argumentation and determination of the directions of improving the legal regulation of UAVs application in the process of the state border surveillance. The article reveals the proposals for the improvement of the existing normative legal documents regulating unmanned aerial vehicles (UAVs) application in the surveillance of the state border of Ukraine. It is concluded that UAVs application is effective in the surveillance of the state border of Ukraine, since information obtained with the help of these aerial vehicles allows to effectively and rapidly establish facts of the state border violation and detain its violators.

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