scholarly journals Theoretical issues of qualification of knowledge as scientific information and the criteria of its objectness for falling under legal regulation and grants for science in BRICS countries (case study in the military sphere) as one of the method of financing of scientific research

Author(s):  
Ksenia Michailovna Belikova

The subject of this research is the qualification of knowledge as scientific information and criteria for its objectness for falling under legal regulation, as well as certain aspects of grants for science in BRICS countries (case study in the military sphere) as one of the methods of financing scientific research. The relevance of this research lies in delimitation of scientific information from information that is not classified as such, which on the one hand would allow to more extensively implement the UNGA Declaration on the Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind (1975), while on the other hand, provide representation on the approaches towards grants for military scientific research as one of the methods of financing scientific research in BRICS countries. The scientific novelty of the research is determined by the goal of research and the acquired results. It is established that first and foremost, the countries try delineate the public access to information that is at the disposal of the state in order to meet their utilitarian interests. At the same time, the article indicates unequal access to information and various approaches towards the definition and legal consolidation of the concept of “information”, which allows reflecting on interpretation of the concept of “scientific information”,  as well as on the absence of legitimate definitions of the latter and its delimitation from other information in different countries having certain characteristic features. It is also demonstrated that BRICS countries have different sources of grant funding for scientific research (including military research), as well as national peculiarities that limit these sources for research aimed at ensuring national security.

2021 ◽  
Vol 16 (2) ◽  
pp. 175-182
Author(s):  
A. M. Kamalyan

The paper examines the legal regulation of scientific research in professional sports as in the case of Formula 1. It is emphasized that the owner of the rights to the results of scientific research can be not only the racing team itself, but also one of the closely related legal entities. Specific examples are provided demonstrating what can be protected by a patent and who can own intellectual property rights. It is noted that, despite a large number of high-tech solutions, Formula 1 teams often deliberately refuse to patent. An analysis of the situation in this sport shows that in the conditions of constant changes and improvements in racing cars, obtaining a patent is unjustified due to the length of this procedure. At the same time, the results of scientific research and scientific information are protected by the trade secret regime. It is stipulated that such a regime is accompanied by the risk of disclosure of confidential information by persons, primarily current and former employees. One of the biggest spy scandals in the history of Formula 1 is cited as an illustration. Particular attention is given to the problem of the transfer of staff members from one Formula 1 team to another, including the delineation of the employee’s own skills and the protected information obtained by him in previous work. In addition, it is emphasized that such transitions are often accompanied by compulsory leave without the right to go to a new job, so that the existing knowledge about the work of the former employer loses its relevance. It is also noted that the trade secret regime does not prevent Formula 1 teams from getting acquainted with the results of scientific research of their competitors due to the rules on the maximum openness of cars during the Grand Prix. Specific examples of borrowing by racing teams of successful engineering solutions of rivals by creating their own analogues are given.


2021 ◽  
Vol 82 ◽  
pp. 53-78
Author(s):  
Angelina Ilieva ◽  

In February 2020, the Bulgarian government established the National Operational Headquarters for Combating the COVID-19 Pandemic in Bulgaria. General Ventsislav Mutafchiyski, a military doctor, professor at the Military Medical Academy in Sofia, was appointed as its chairman. This paper presents a case study on the public image of Ventsislav Mutafchiyski, its readings and interpretations by the audience, and the specific fan culture that emerged around his media persona during the first wave of the COVID-19 pandemic in Bulgaria. Placed in the spotlight of the media at the very beginning of the crisis, Mutafchiyski became extremely popular as the public figure most strongly associated with the fight against the spread of the disease in the country. Around his media persona, shaped in the public imagination as a wartime leader, a fan culture has grown with all its characteristic features and dimensions: fans and anti-fans, affirmative and transformative fandom. As a fictional character, Mutafchiyski has appeared in numerous forms of vernacular creativity: poems, songs, material objects, jokes, fake news, conspiracy theories, and memes. In this way, the General has become the main character of Bulgarian pandemic folklore and the focal point of a participatory pandemic.


Author(s):  
Elin Palm ◽  
Misse Wester

This chapter addresses the competing interests of privacy versus public access to information. The chapter explores the collective and individual value of privacy and public access in a manner that considers information at the macrosocial and macroethical level. By using Sweden as a case study, we exemplify the classic and irresolvable tension between issues of information availability and confidentiality, integrity, and privacy. Given that privacy and public access interests will constantly need to be rebalanced, we present the views of government officials due to their unique role in implementing this balance. We conclude with an analysis of the reasonableness of this conduct.


2021 ◽  
Vol 7 (2) ◽  
pp. 671-690
Author(s):  
Ksenia Michailovna Belikova

This article aims to examine India’s approaches to handling the items of ethics and legal regulation (framework) of the development and application and the use of artificial intelligence in the military sphere in the context of national acts, capabilities and needs of India. It was revealed that the country’s lag behind its neighbors (China, Pakistan) and recognized leaders in this area (USA, Israel) is a motive for formulating the concept of ensuring India’s military superiority based on AI as a force multiplier. It was revealed that the identified problems require a prompt solution based on the concerted joint efforts of the relevant interested parties with the leading role of the government. The theoretical and practical significance of the results obtained is determined by the fact that the readers will be provided with current scientific information about India’s approaches to the designated areas from the standpoint of law and ethics.


2008 ◽  
Vol 44 ◽  
pp. 98-106
Author(s):  
Marija Stonkienė

Straipsnyje analizuojamas informacines paslaugas teikiančių institucijų – bibliotekų, archyvų ir muziejų – informacinės veiklos teisinis reguliavimas, aptariama savita teisės į informaciją užtikrinimo galimybė. Apžvelgus informacinių bibliotekų, archyvų ir muziejų veiklos aspektų teisinio ir politinio reguliavimo tendencijas Europos Sąjungoje, pastebima, kad šių institucijų veikla nereguliuojama privalomaisiais teisės aktais, joms nedeleguojamos teisiškai privalomos informacijos teikimo visuomenei prievolės. Informacinė bibliotekų, archyvų ir muziejų veikla Europos Sąjungoje orientuojama veiksmų programomis, šitaip siekiama bibliotekų, muziejų ir archyvų informacinės veiklos kooperavimo, efektyvaus informacijos visuomenės paslaugų teikimo. Lietuvoje bibliotekų, archyvų ir muziejų veiklą reglamentuojančiuose įstatymuose informacijos teikimo visuomenei prievolė nėra pabrėžiama, ji tik nurodoma, minima. Šių institucijų informacijos teikimo visuomenei veiklos reikšmingumo suvokimas Lietuvoje deklaruojamas politiniuose dokumentuose, pastebimas praktinėje veikloje, atitinkančioje Europos Sąjungos iniciatyvas ir planus.Straipsnyje atkreipiamas dėmesys į tai, kad tik archyvams netiesiogiai numatoma informacijos teikimo visuomenei prievolė. Ši archyvų prievolė grindžiama teisės į valstybės oficialią dokumentuotą informaciją ir archyvų informacijos laisvos, viešos prieigos teisės įtvirtinimu.Institutions of memory and culture in the public advising: Lithuanian legal regulation of the obligation of access to informationMarija Stonkienė SummaryThe article gives an analysis of the legal regulation of information activities of institutions that provide the access to information: libraries, museums, archives and discusses peculiarities of realization rights to access to information.Under reviewing trend of legal and political regulations in the EU author of the article gives on regulation of information activities of these institutions. According to analysis of documents author states that libraries, museums and archives haven’t any legal obligation to provide access to information to the public, because there are no compulsory rules to regulate their information activities.Special action programs are used to stimulate cooperation in information activities and to encourage of information society services.Lithuanian legal regulation of information activities of libraries, museums, archives does not provide for any obligation of access to information. In the special legal regulation this obligation is only indicated and mentioned.Importance of access to information, that memory and culture institutions affords for the public, is declared in the political documents and asserted in the practice, that correspond to EU initiatives and plans.The article reveals that the obligation of access to information only for archives fixed in legal protection of right to access to governance information and right to free, public access to archives’ information.


2020 ◽  
Vol 10 (3) ◽  
pp. 199-209
Author(s):  
MARYAM AKHMADOVA ◽  

The article is aimed at highlighting a number of issues in the field of legal regulation of innovative medical technologies based on interference in the human genome and cloning (therapeutic and reproductive) in the context of international law (conventions, declarations, bilateral agreements). In this format, the author examined some international acts that created the legal paradigm for regulating scientific research in the field of study, determining the limits of the admissibility of the implementation of the indicated achievements of modern science in clinical medicine, which are designed to be an effective tool in the fight against severe hereditary diseases, etc., which potentially predetermines their demand. The focus of the author’s attention is on the patentability of these biotechnologies. The relevance of such a study is due to the range of issues addressed, since in the absence of proper regulatory regulation of the studied sphere of public relations, domestic high-tech medicine will be forced to engage in “catch-up” development. In the study, such methods of scientific knowledge were used as general scientific dialectics, formal logic and comparative legal methods. At the same time, the author proceeds from both subjective and objective presetting of processes and phenomena, and their interconnection. The novelty of the study is determined by its purpose, subject and range of sources considered. Thus, the author explores the provisions of both normative acts and documents (acts of so-called “soft law”), emphasizing the peculiarities of their legal nature. In this format, the author comes the conclusion that the system of international principles and standards, formed by the considered acts and documents, does not contain explicit permission to carry out scientific research in the biotechnology field with the subsequent commercialization of its results, which can be patented as inventions, that leads to the need to create national legal frameworks by modern states wishing to advance in this field that will result in a mosaic legal map of the world. Where innovative biotechnologies will be spread in the countries -“scientific offshores” providing loyal to these kinds of scientific researches legislation. The theoretical and practical significance of the results is determined by the fact that Russian readers will be provided with up-to-date scientific information on the state of international law in the field under study, which in practical terms will contribute to the awareness of the sufficiency (or insufficiency) of the developed international legal mechanism for regulating the sphere of biotechnology, including positions of patent and legal protection of a number of“breakthrough” biotechnologies of applied nature, and will also help to establish the unification level of domestic legislation with the approaches laid down in the studied international acts and documents.


2016 ◽  
Vol 7 (1) ◽  
pp. 231-236 ◽  
Author(s):  
Courtney A. Waugh ◽  
Vaughan Monamy

Abstract As our understanding of sentience in certain wildlife species grows, and technological advancements promote nonlethal data collection, we believe that we ought to adjust our field methods to incorporate a regime of best practice that prioritizes nonlethal methodologies over inhumane methods of lethal sampling. In addition, progress already made toward nonlethal methodologies in wildlife research needs to be promoted widely. In this paper, we examine whether lethal methods of whale research, using Japanese lethal scientific whaling as a case study, are ethical when the scientific information can be gained from nonlethal methods, and humane methods of killing are not available. As a part of a simple ethical decision-making model, we explore if a requirement for “refinement” of scientific technique, promoted extensively for laboratory-based animal experimentation, has direct applicability to scientific research involving free-living wildlife. We argue that refinement is an appropriate ethical principle in all cases where scientific research involves a choice between nonlethal sampling and the deliberate killing of free-living wildlife for scientific purposes. We conclude that the welfare of individual animals and the conservation of free-living wildlife populations are both worthy of moral consideration and need not be incompatible in humane wildlife research and management.


2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 259-272
Author(s):  
Ksenia Michailovna Belikova ◽  
Maryam Abdurakhmanovna Akhmadova

This article aims at outlining the approaches of the international community, the BRICS countries, and other countries that have achieved noticeable results in the development and use of artificial intelligence in the military sphere to answer the questions about the applicability of the existing international humanitarian law in a military conflict using Lethal Autonomous Weapon Systems, and the extent of this applicability. Based on analytical reflections on information drawn from referenced sources, the authors analyze the provisions of national and international approaches, legislative instruments, and documents that create patterns for developing lethal autonomous weapon systems and the potential for the use thereof from the standpoint of legal attitudes. The authors’ results are presented in a set of approaches of national legal systems and doctrine provisions found in the current law in the field of research, including from the standpoint of a contribution to the further improvement of the concept of lethal autonomous weapon systems.


2006 ◽  
Vol 3 (1) ◽  
pp. 49-62 ◽  
Author(s):  
Cynthia Werner ◽  
Holly R. Barcus

Inquiry into the causes and outcomes of transnational migration spans numerous disciplines, scales and methodological approaches.  Fewer studies focus on immobility.  Utilizing the Kazakh population of Mongolia as a case study, this paper considers how non-migrants view the economic and cultural costs of migrating.  We posit that three factors, including local place attachments specific to Mongolia, access to information about life in Kazakhstan and the importance of maintaining social networks in Mongolia, contribute substantially to their decision to not migrate. Our findings suggest that the decision to not migrate can be very strategic for non-migrants in highly transnational contexts.  


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