scholarly journals On the key vectors of legal protection of intellectual rights of the Russian participants of the foreign “megascience” projects

Author(s):  
Alexander Vladimirovich Ostroushko

Globalization of scientific research entails a range of complex legal problems substantiated by the organizational aspects of creation and functioning of large research projects, such as the absence of the uniform legal approach towards creating “megascience” project, imbalance between legal force of the norms of international agreements and national norms within the legal system of the accepting country depending on the organizational form of the project. The object of this research is the complex of public relations that influence the building of legal protection mechanism for intellectual rights of the Russians participating in foreign “megascience” projects. Within the framework of this research, the author analyzes the questions of participation of the Russian scholars in “megascience” projects, including the problems of protection of their intellectual rights. The questions are studied in the context of the uniform system of specificity of problem situations that emerge in the course of implementation of “megascience” project. The main conclusion lies in the thesis that indicates the need to provide Russian scientific organizations and individual scholars participating in “megascience” projects with the necessary s methodological recommendations in form of an optimal model of legal protection of their rights and legitimate interests in conducting research within the framework of foreign megascience projects or using “megascience” installations. The activity of Russian scholars engaged in foreign “megascience” projects requires information-legal and organizational-legal support for the effective protection of intellectual rights. The novelty of this work consists in examination of the questions of participation of Russian scholars and scientific organizations in “megascience projects” abroad without reducing it to solely financial and scientific component problem.

Author(s):  
Ivanna Babetska

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.


Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies


2019 ◽  
pp. 123-127
Author(s):  
O. M. Pravotorova

Determined that the administrative-legal protection is an institution of administrative law, which consists of uniform rules of administrative law, whose legal influence is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities through administrative tools: forms of administrative activity of public administration, administrative coercion and administrative procedures. It is determined that forms of administrative activity of public administration in the field of administrative and legal protection is a classic expression of their administrative activity in the implementation of executive and administrative activities and the provision of administrative services in order to restore or prevent violation of the rights, freedoms or legitimate interests of individuals and legal entities. At the same time, public administration entities can use the entire arsenal of forms of administration of public relations by public administration, namely the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions and logistical operations. It has been found out that logistical operations to maintain and use public registers of property rights by the public administration provide for the prevention of most property rights violations, and restore the infringed property rights through the decisions of certain administrative commissions. It is emphasized that the instruments of public administrative activity include normative acts of public administration, administrative discretion in the activities of public administration and e-government. Public administration regulations differ from other acts in that they establish, modify or repeal rules of law - mandatory rules of conduct established and protected by the state. In performing its functions, the public administration in the exercise of administrative and legal protection has the opportunity to use all the most common forms of administration of public relations by the public administration, in particular, such as the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions, logistical operations, etc.


2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>


Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 485
Author(s):  
Muhammad Hilmi Akhsin ◽  
Anis Mashdurohatun

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects


Author(s):  
Андрей Владимирович Кулаков ◽  
Ольга Рениславовна Родионова

Общей теорией права и отраслевыми науками достаточно давно исследуется структура правового статуса личности и место в данной структуре юридической обязанности. Доктринально обоснованной является позиция ученых, согласно которой структуру правового статуса личности, в том числе и осужденного к лишению свободы, составляют права, свободы и обязанности лица, закрепленные в нормативно-правовых актах. Несмотря на это, в отечественной науке время от времени появляются мнения ученых-правоведов, которые наряду с системой прав и обязанностей включают в состав правового статуса такие правовые явления, как «законные интересы», «гарантии прав», «юридическая ответственность» и т. д. Кроме того, подвергается сомнению и устоявшееся положение о структуре юридической обязанности как элементе правового статуса. Проведенный авторами анализ уголовно-исполнительных отношений дает основание утверждать, что, несмотря на особое правовое положение осужденных к лишению свободы, структура их правового статуса не изменяется, а юридические обязанности являются неотъемлемым ее элементом. При этом юридическая обязанность осужденного к лишению свободы, как и любого другого участника правовых отношений, всегда корреспондирует субъективному праву и состоит из четырех элементов: - необходимость совершения осужденным определенных (требуемых, должных) действий, предписанных нормативно-правовыми актами; - необходимость отреагировать на законные требования управомоченного лица; - необходимость (обязанность) претерпеть меры государственного принуждения в случае нарушения нормативно-правовых предписаний; - необходимость (обязанность) не мешать контрагенту пользоваться и/или реализовывать законное право. Только при таком подходе к юридической обязанности как элементу правового статуса осужденного ее можно считать не только средством установление границ дозволенного поведения, но и действенным регулятором общественных отношений. The legal status structure of an individual and the place of the legal obligation in it have been studied for a long time by the general theory of law and branch sciences. Doctrinally justified is the opinion of scientists, according to which the structure of the legal status of an individual including a person sentenced to imprisonment, consists of the rights, freedoms and duties of a person enshrined in normative legal acts. Despite this in Russian science from time to time there are points of view of legal scientists which along with the system of rights and obligations, include the legal status of such legal phenomena as «legitimate interests», «guarantees of rights», «legal responsibility», etc. In addition the well-established position on the legal obligation structure as an element of the legal status is also questioned. The author's analysis of penal relations gives grounds to assert that despite the special legal status of those sentenced to imprisonment the structure of their legal status does not change and legal obligations are an integral part of it. At the same time the legal obligation of a convicted person as well as any other participant in legal relations always corresponds to subjective law and consists of four elements: - the need for the convicted person to perform certain (required, due) actions prescribed by regulatory legal acts; - the need to respond to the legal requirements of the authorized person; - the need (obligation) to undergo measures of state coercion in case of violation of legal regulations; - the need (obligation) not to prevent the counterparty from using and / or exercising the legal right. Only with this approach to the legal obligation as an element of the legal status of the convicted person, it can be considered not only a means of establishing the boundaries of permissible behavior, but also an effective regulator of public relations.


2020 ◽  
Vol 10 (4) ◽  
pp. 147-150
Author(s):  
Iryna Hloviuk ◽  

Current period of development of the legal system of Ukraine is characterized by variability of legislation that regulates, in particular, organization of judicial system and implementation of criminal proceedings. Unfortunately, criminal procedure legislation is no exception, given how many changes and additions have been made to the Criminal Procedure Code of Ukraine since its entry into force in 2020. Undoubtedly, like any other codified legal act, CPC of Ukraine in modern conditions cannot be unchanged, given the dynamics of public relations, the provisions of international law, decisions of ECtHR and number of attempts to solve identified problems of its application. Difficulties of criminal procedural law enforcement are manifested in such an area as the use of discretion of authorities in criminal proceedings, although without it application of legislation is ineffective. At the same time, lawful discretion in criminal proceedings should not turn into its opposite � arbitrariness, which will already violate rights and legitimate interests of individuals and legal entities. In criminal proceedings, given the imperative method of legal regulation and possibility of various coercive measures, including those related to the restriction of constitutional human rights, this issue is of particular importance, given, inter alia, that prosecution�s discretion applies within non-adversarial procedure, and the CPC of Ukraine does not always provide for the possibility of appealing such decisions in court. The peer-reviewed monograph consists of four chapters, which contain 10 sections. Structuring of the monograph is logical; the author analyse problems of discretion from questions of concept, signs and limits of discretion, and then moves to the characteristic of realization of discretion by judge, prosecutor, investigator, detective. In general, without a doubt, the monograph of Torbas O. O. �Discretion in the criminal process of Ukraine: theoretical justification and practice of implementation� is relevant, complete and fundamental scientific work, has scientific and practical value. Monograph of Torbas O.O. significantly enriches criminal procedure doctrine regarding the subjects of criminal proceedings, criminal procedure decisions and other areas.


2021 ◽  
Author(s):  
Yuliya Fedotova

The monograph is devoted to the administrative and legal protection of the rights and legitimate interests of citizens in the field of defense and security of the Russian Federation. The mechanism of administrative and legal support of defense and security and the administrative and legal status of citizens as subjects of this activity are disclosed. The author's vision of the concept and content of administrative and legal protection is justified, the functional characteristics of the powers of state authorities are given, and the specifics of state control in this area are indicated. It is intended for students, cadets, postgraduates, teachers, practitioners, as well as a wide range of readers interested in the problems of ensuring defense and security.


2018 ◽  
Vol 54 ◽  
pp. 06010
Author(s):  
Dwi Edi Wibowo ◽  
Benny Diah Madusari

Some certain types of seaweed, such as Euchema, Cottoni, Gracelaria, are also cultivated by people who live at coastal areas in Java. They make seaweed as a processed food like candies and solid porridge (dodol) because seaweed contains many nutrient substances, such as water (27,8%), protein (5,4%), carbohydrate (33,3%), fat (8,6%), coarse fiber (3%) and ashes (22,25%). Government should convince or guarantee with legal certainties, that people who consume goods and services, especially food products are safe, so that the existing of Rules as well as the regulations and other law for products set up and launched by the government, for giving protection to the people who use or consume the goods and products, will possibly bring a sense of security and improve welfare. The question is how is the legal protection for consumers on unlabelled processed food from seaweed? The Approach method used is empirical-juridical method which is used to solve problems by conducting research on primary data in the field. Juridical itself is a kind of research method referring to the law, the currently in force laws and regulations, and the theory of law.The regulations used in this research are Regulation No 8 / 1999 concerning Customers’ protection that is Regulation No.18 / 2012 concerning food.


Author(s):  
John Lynch

Research on public relations (PR) in health and risk message design and processing is a small but persistent area of publication within the broader fields of science/health journalism, health communication, and public understanding of science. PR scholars define their field as the creation of two-way communication that emphasizes understanding of the organization’s position among stakeholders like journalists or the general public. In health, medicine, and science, PR is understood to be a bridge between scientists or scientific organizations and journalists, who tell scientific stories to the public. Most studies of science-related PR emphasize that it encourages a positive perception of science in general and scientists or scientific organizations in particular. This emphasis on a positive image for the scientific organization leads to mistrust of PR professionals by journalists. PR in health, medicine, and science consists of two areas. The first involves crisis PR, where the PR professional works to either prevent or respond to an emergency situation. This begins with environmental scanning and then creating plans to anticipate potential crises by considering ongoing political, social, environmental, and technological developments. The second area consists of science popularization, where the PR office provides journalists with story ideas and information that they can use to write their stories. Much of this information is provided in the form of press releases. Research has shown that press releases increase the amount of coverage of scientific and medical findings, and scholars are examining the ways in which press releases contribute to journalistic reportage and the situations in which the efforts of PR offices are frustrated.


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