ADMINISTRATIVE-LEGAL REGULATION IN THE SPHERE OF INTELLECTUAL PROPERTY: SEPARATE ASPECTS

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Intellectual Property ◽  
Public Relations ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Existing Problems ◽  
General Goal ◽  
Effective Use ◽  
Legal Mechanism

The article is devoted to clarifying the specifics of administrative-legal regulation in the sphere of intellectual property at the present stage of reformation of the state system of legal protection of intellectual property in Ukraine. The administrative-legal regulation of public relations in the sphere of intellectual property is proposed to understand as the legal impact on these public relations, carried out using a complex of administrative-legal means, which is aimed at achieving the general goal of administrative-legal regulation in the process of ensuring the appropriate conditions for the creation, effective use, protection and defense of the intellectual potential of the nation in the interests of developing a competitive economy of Ukraine based on knowledge and innovation. It is noted that the administrative-legal regulation of relations in the sphere of intellectual property has features that are manifested in the specifics of administrative-legal norms, the goals of legal (administrative-legal) regulation, administrative-legal means that ensure its effectiveness, the institutional component of the organizational and legal mechanism in this sphere. The analysis of the legal framework of administrative-legal regulation of relations in the sphere of intellectual property is carried out. Particular attention is paid to the existing problems of the institutional system in this area, as well as the process of its reform in the context of the adoption of the Law of Ukraine "On amendments to certain legislative acts of Ukraine concerning the establishment of a national intellectual property body" dated June 16, 2020 No 703-IX. Attention is focused on the shortcomings of this regulatory legal act. It is concluded that increasing the level of efficiency of the regulatory framework, strengthening the institutional and functional capacity of public administration entities in the sphere of intellectual property, as the pivotal factors of the effectiveness of administrative-legal regulation in this area, is possible only if the principles of systematicity, expediency, validity and consistency are observed, as well as taking into account the interests of all subjects of public relations in the sphere of intellectual property.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals DETERMINATION OF THE LEGAL FRAMEWORK FOR THE ACCREDITATION OF FORENSIC-EXPERT INSTITUTIONS OF UKRAINE

2019 ◽  
pp. 78-87
Author(s):  
V. Khosha
Keyword(s):  
Public Relations ◽  
Professional Competence ◽  
Mutual Recognition ◽  
Legal Framework ◽  
Legal Regulation ◽  
Conformity Assessment ◽  
Regulation Mechanism ◽  
Legal Norms ◽  
Forensic Institutions ◽  
Article 5

In the article, in order to formulate the essence of the administrative-legal regulation mechanism in the field of accreditation of forensic institutions of Ukraine, the general legal foundations of the accreditation system in Ukraine are defined theoretically, as well as the characteristics of a wider category – “legal regulation”, taking into account the peculiarities of public relations in accreditation of conformity assessment bodies. The mechanism of administrative and legal regulation of accreditation of forensic institutions of Ukraine is a combination of legal means (legal norms, legal relations, acts of interpretation and application of legal norms, etc.) of influencing the relations between potential and accredited conformity assessment bodies ensuring a uniform technical policy in the field of conformity assessment; ensuring consumer confidence in conformity assessment activities; creating conditions for mutual recognition of the results of accredited bodies at the international level, etc. The legal basis for the accreditation of forensic institutions of Ukraine is a set of output cross-cutting ideas enshrined in legal norms that define legal necessity and create conditions for accreditation and monitoring of conformity assessment bodies, directly determine legal, organizational and tactical provisions of the organization and implementation of relevant activities. The legal regime of accreditation is a type of permissive administrative and legal regimes. It is based on the principles of accessibility, voluntariness, professional competence, equality, transparency, confidentiality, participation of executive bodies and public organizations, independence and impartiality, non-transferability of special accreditation powers to others, control (the latter principle should be included in the list of basic principles of accreditation activities, which are defined in Article 5 of the Law of Ukraine “On Accreditation of Conformity Assessment Bodies”). The accreditation procedure is carried out according to the rules that are publicly available and free to use. Accreditation bodies should periodically confirm their competence, this is usually done with the help of other accreditation bodies. Key words: accreditation, forensic institutions, legal framework, legal regulation.

scholarly journals Deepening citizens’ legal culture as a means of the optimization of intellectual property protection in Ukraine

2020 ◽  
pp. 300-305
Author(s):  
Yuriy Boshytskyi
Keyword(s):  
Intellectual Property ◽  
Public Relations ◽  
Professional Training ◽  
Legal Protection ◽  
Legal Culture ◽  
Legal Regulation ◽  
Social Progress ◽  
Social Orientation ◽  
Legal Rights ◽  
General Context

The article covers the result of theoretical modeling of the optimal state policy in the field of intellectual property. In particular,its elements are defined as follows: optimization of knowledge in the field of legal protection of intellectual property, legal consciousnessof citizens, protection of authors of objects of intellectual property from illegal encroachments by unscrupulous producers, etc. Ina market economy, legal regulation of intellectual creativity is of greatest importance. In this field the most serious problem is the lowlevel of legal culture of Ukrainian citizens and of education in the field of intellectual property. Due to this, there is inadequate professionaltraining of judges, employees of the Ministry of Internal Affairs, of the Security Service of Ukraine, of customs and tax services,and other specialists, whose activities are related to intellectual property relations. Thus, the article analyzes the inconsistencies of intellectualproperty legislation, the imperfection of the regulatory framework for regulating general issues of intellectual property, and thedistribution of rights to the results of creative activities, covered by budget funds. It is proposed to optimize legal regulation of invention,to improve public relations promoting positive influence of external factors on rates of acceleration and optimization of invention,on social orientation of invention, on realizing and coordinating interests of participants of an innovation cycle among themselves andwith the interests of society, on combining management mechanisms of economics and invention, on achieving the unity of the sociallydesirable goal of the scientific and technical cycle, etc.It is also stated that the effective development of the creation and use of objects of intellectual property and their effective andproper legal protection increasingly depends on the level of legal culture of citizens. It is substantiated that deepening legal culture ofcitizens and their legal awareness is an important factor in improving the protection of intellectual property in Ukraine as a whole.The legal culture of society covers all the achievements of the legal life of society, characterizes its growth in respect of values,its level of development, its perfection in the general context of social progress. The legal culture of an individual is a positive qualityof development of the legal life of the individual, which provides the necessary level of legal knowledge, understanding its social value,the ability to exercise one’s legal rights and to perform consciously one’s legal duties.The article offers the reinterpretation of the problem of cultural education of future lawyers, of the need for radical renewal ofthe organization and the implementation of professional training. In any society, along with the rule of law, there must also be the ruleof legal culture. Therefore, in the presence of the rule of cultural principles, the professional consciousness of a lawyer, the spiritualparameters of his legal actions could be formed.

NON-JURISDICTIONAL PROTECTION OF EXCLUSIVE RIGHTS TO INVENTIONS, USEFUL MODELS AND INDUSTRIAL DESIGN

2021 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation

В статье говорится о защите прав интеллектуальной собственности. Рассмотрены подходы к пониманию сущности интеллектуальной собственности, ее правовой охране и защите, разбираются вопросы административно-правовой защиты прав интеллектуальной собственности. Особое внимание уделяется проблемам, которые усложняют правовое регулирование в данной сфере общественных отношений. The article deals with the protection of intellectual property rights. Approaches to understanding the essence of intellectual property, its legal protection and protection are considered, issues of administrative and legal protection of intellectual property rights are discussed. Particular attention is paid to the problems that complicate the legal regulation in this area of public relations.

scholarly journals THE PROBLEM OF DETERMINING PRIORITIES OF ECOLOGICAL AND LEGAL PROTECTION: NATURE AND HUMAN HEALTH AS OBJECTS OF LEGAL

2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova
Keyword(s):  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Nature Protection ◽  
Legal Norms ◽  
The World ◽  
Ecological Relations ◽  
Environmental Relations ◽  
Legal Mechanism

The paper is devoted to the problematic issues of the legal regulation of nature protection activities in the Russian Federation. The author notes that a sharp deterioration of the ecological situation indicates a crisis of the previously existing paradigm of human-environmental interaction. Therefore, the situation requires full-scale measures within the state's environmental strategy. However, the change of the environmental state policy as a whole and the improvement of the legal mechanism of environmental relations in particular encounters a number of theoretical and practical problems, which have not been solved. The author pays attention to the problem of determining the priorities of environmental and legal protection, which is very important in the process of establishing the optimal ratio in the "human-nature" relations. The result of solving the problems influences the objectives of the state environmental policy, as well as the objectives of the Environmental Safety Strategy. The author analyzes the main aspect of the considered problem, the essence of which is ambiguity of the fundamental object in ecological relations. It is noted that today there are two points of view on this issue in the Russian legal science. According to the first one, the object of legal protection is exclusively environmental interests of a man. Accordingly, the protection of nature must be carried out exclusively in the interests of his life and health. Supporters of the second point of view believe that the nature as a whole should be a priority in legal protection. The author notes that the choice of a particular conceptual position (and, accordingly, the priority of environmental and legal protection) depends on the world outlook on the role and place of a man in the world. At the same time, problems of a technical and legal nature, connected with internal logic and subordination of legal norms regulating ecological relations worsen the situation. The author concludes that there are internal contradictions in the mechanism of legal protection of the environment.

Law implementation and legal relations: links of interrelations

2020 ◽  
Vol 2020 (3) ◽  
pp. 21-30
Author(s):  
Samofalov L.P. ◽  
Keyword(s):  
Public Relations ◽  
Professional Training ◽  
Legal Regulation ◽  
Security Level ◽  
Legal Personality ◽  
Legal Norms ◽  
Public Consciousness ◽  
Legal Forms ◽  
Subjective Rights ◽  
Legal Mechanism

The article addresses to analyze of the theoretical and legal issues of legal norms implementation. The implementation of regulations contained in laws and other regulations means the implementation in public relations, the behavior of citizens, the will of the legislator and other interrelation subjects. In science, there is an opinion that the concept of action of law is along with the concept of realization of law. Law implementation of the concept is multifaceted. Its condition is influenced by the norms quality, the mechanism of their action, material security, level of public consciousness, professional training of those persons who carry out law enforcement activities. The legal norms implementation is a consistent concretization and translation of objective possibilities through their subjective awareness and expression of will in the real behavior of the subjects. The consequence of the legal norms implementation is legal behavior. Legal behavior may be lawful or unlawful. Analysis of the scientists` views shows that the concept of legal behavior is different. Specialists in the field of theoretical and legal science nowadays distinguish such forms of implementation of legal norms as compliance, implementation, use and application. Each specific form depends on the nature of the subjects` actions. The first three forms are called forms of direct realization of the law, since they are implemented by the direct actions of the subjects of certain legal relations. But where these forms are insufficient to ensure a certain implementation of legal norms, the necessary intervention in the process of the authorities, there is a special form of application. Appropriate legal relations are required for the legal norms implementation. Considering the legal relations signs, it should be noted that the approaches of each of the scientists to this issue are different. Implementation is manifested through the content of legal relations, which primarily includes subjects who must have legal personality, to have the ability to be the bearer of rights and responsibilities, exercise them and be responsible for behavior that is contrary to the legal norms. Considering the above mentioned we can draw the following conclusions, in particular: legal behavior is the basis for the emergence of legal relations and the realization of subjective rights of citizens, it is covered by the possibility and validity of legal regulation; law implementation is a legal mechanism that includes the behavior itself, its implementation in appropriate legal forms and in legal relations; law implementation can be carried out both within specific and general legal relations; legal relations have their own structure and requires a certain type of legal behavior. Key words: law implementation, norms of law, legal behavior, forms of implementation, legal relations, structure of legal relations, legal facts.

scholarly journals Constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 64-72
Author(s):  
S.M. Martelyak ◽  
M.O. Martelyak
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
General Character ◽  
Public Authorities ◽  
Parliamentary Elections ◽  
Legal Norms ◽  
Democratic Development ◽  
Legislative Body ◽  
High Level ◽  
Legal Mechanism

The authors raise the urgent issue of ensuring the principles of the election of people's deputies of Ukraine proclaimed by the Constitution of Ukraine and national election legislation. It is noted that the principles of elections of people's deputies of Ukraine are a special legal phenomenon, which embodies the fundamental, fundamental ideas that determine the content and procedure for forming a single legislative body in Ukraine, find expression and manifestation in the legal sphere of society and state and are characterized by such features: 1) reflect the conscious and volitional aspects of elections; 2) these are fundamental ideas, guiding rules, which contain defining guidelines of a guiding nature regarding the elections of people's deputies of Ukraine, a guideline in the formation of suffrage; 3) have a general character, they have an inherent element of generalization, elevated above the specifics; 4) express the essence of suffrage as a system of legal norms governing public relations related to the election of public authorities; 5) is a social phenomenon, the property of the democratic development of the world community. The principles of parliamentary elections determine the content of the electoral process and are characterized by a high level of scientific and theoretical validity, historical accuracy and tried and tested in practice, serve as guidelines and coordinates of legal influence on participants in electoral relations. Based on their importance in the formation of a single legislative body of Ukraine, an important issue is their provision through the appropriate constitutional and legal mechanism. Based on the analysis of doctrinal and legal ideas about the mechanism of the state, the mechanism of legal regulation, the legal mechanism, the conclusion of the constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine is defined by the Constitution and detailed by normative and institutional component, through which the legal influence on public relations on the lawful implementation, protection and defense of the principles of elections of people's deputies of Ukraine is practically carried out. It covers two components: normative (substantive and procedural) and institutional.

scholarly journals EXPERIENCE OF FOREIGN COUNTRIES AS TO PROTECTION AND DEFENDING OF AUTHOR’S AND RELATED RIGHTS ON MUSICAL COMPOSITION

2020 ◽  
Vol 33 (20) ◽  
pp. 53-57
Author(s):  
M.S. Utkina ◽  
A.I. Holovach
Keyword(s):  
Public Relations ◽  
Effective Means ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Musical Composition ◽  
The European Union ◽  
Musical Work ◽  
Unlimited Number ◽  
Foreign Countries

The modern European mechanism of author’s relations was defined in the article by authors. It was determined the achievements of European legislation on the convergence of legal and digital realities. The article deals with copyright issues on the Internet. The current state of development of the domestic music industry plays an important economic role. This is due, first of all, to the fact that the given sphere can generate a large part of incomes. Musical works accompany us in our daily lives. In particular, in most places on the streets music can be heard. However, the issue arises as to the legality of the use of the institution of this musical work, in particular the issue of infringement of the rights of authors and performers of such copyright and related rights. The era of the digital single market has the potential to distribute and scale to any work: the artist records his work, and furthermore, his work gains an unlimited number of listenings to an unlimited number of users. It is quite understandable the desire of the authors and performers to earn income from the music, but minimizing the number of reproductions of their work. It is for this reason that the question of finding the optimal and effective means of the legal protection of a work of music as an object of copyright and related rights is being updated, due to the need to align the national legal framework with the provisions of the legislation of the countries of the European Union. The object of the study is public relations, regarding the legal regulation of the protection and protection of a musical work as an object of copyright and related rights. The subject of the research is the legal norms of Ukraine and foreign countries, devoted to the problems of legal regulation of the protection and protection of a musical work as an object of copyright rights and related rights. Keywords: copyright and related rights, music, copyright, royalties.

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