scholarly journals Problems of digital transformation of film distribution

E-Management ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 4-12
Author(s):  
A. R. Akopyan ◽  
A. M. Arakelyan ◽  
Y. V. Vorontsova ◽  
V. V. Krysov
Keyword(s):  
National Policy ◽  
The State ◽  
Fundamental Rights ◽  
Russian Government ◽  
Digital Platforms ◽  
The Public ◽  
Movie Theaters ◽  
Film Distribution ◽  
Russian Film ◽  
Fundamental Rights And Freedoms

The article provides a brief overview of the emergence of the legal market of online cinemas in Russia. The paper reveals that the Governments of many countries have a national policy that is aimed at maintaining internal programming on traditional video platforms. Such policies range from licensing, which requires serving the “public interest” and defines rules for the distribution of certain types of content produced domestically, to requiring content distributors to contribute to the financing of the production of domestic content. The authors investigate that during the implementation of these rules, the Russian government decided on the allocation of limited resources. There was also regulation on whether platforms can solely decide what content to offer their users, or whether viewers should also participate directly. The study concludes that the transition from traditional platforms to online distribution can reduce the effectiveness of existing regulatory regimes and deprive traditional platforms of audience and revenue.The world and Russian experiences of using the Internet prove that today modern information and telecommunications technologies can contain real threats to the violation of fundamental rights and freedoms of citizens, as well as to question the security of society and the state. The only exceptions are progressive or innovative areas related to the provision of new services and the expansion of opportunities for socio-economic development.As a result of the study, the paper identified four problems of Russian film distribution on digital platforms. The authors chose piracy as the first problem of online cinemas. Pirate sites not only illegally copy content from online movie theaters, but they also create copies of their own services to transfer their servers to another platform in case of blocking. The second problem was highlighted by the requirement for foreign owners. The third problem was highlighted by the high cost of online movie theater subscriptions. The authors consider the fourth problem the lack of financial support from the state.

scholarly journals Theoretical bases of state antimonopoly policy: questions of philosophical and economic doctrines

2019 ◽  
pp. 6-17
Author(s):  
A. N. Golomolzin
Keyword(s):  
Supply And Demand ◽  
State Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Scientific Validity ◽  
Potential Threat ◽  
Digital Platforms ◽  
Targeted Marketing ◽  
Fundamental Rights And Freedoms ◽  
The Individual

The article deals with the issues of scientific validity of the state Antimonopoly policy from the standpoint of philosophy and economic theory of competition. The necessity of harmonious use in the formation and implementation of such a policy of values and philosophy of "living" life, fundamental economic doctrines, new trends and ideas of state regulation of the economy, including the use of legal mechanisms.The author proceeds from the fact that the division of labor is the essence of society. Awareness of this fact makes it possible to overcome contradictions in the interests of the individual and society. It is noted that in the modern industrial world digital transformation blurs the boundaries between international, wholesale and retail markets, online and offline trade. Building a business on the basis of digital platforms, intellectual property rights pools, targeted marketing technologies on the one hand, and the transformation of consumer psychology on the other, create fundamentally new conditions for balancing supply and demand. The digital economy creates qualitatively new opportunities for economic development, but should not turn into a "digital hand of the market". States and companies are able to move beyond "data processing" to "reality processing", which poses a potential threat to the fundamental rights and freedoms of citizens.In this regard, the role of scientific validity of the state Antimonopoly policy in the formation and implementation of errors, which can be too expensive for society, is significantly increasing.

Controversy in Deprivation of Citizenship on Charges of Terrorism and Separatism

2018 ◽  
Vol 8 (7) ◽  
pp. 2103
Author(s):  
Bogdan DEREVYANKO ◽  
Evgeniy ZOZULYA
Keyword(s):  
Economic Benefits ◽  
The State ◽  
Fundamental Rights ◽  
Modern World ◽  
The Public ◽  
Stage Of Development ◽  
Primitive Society ◽  
Analysis And Synthesis ◽  
Sociological Approaches ◽  
Fundamental Rights And Freedoms

The manuscript deals with the issues of reasonability of involuntary loss of citizenship of Ukraine and presentation of conclusions to the public, including politicians and legislators. Research was conducted using normative, sociological approaches, methods of induction and deduction, analysis and synthesis, comparison and contrast to compare the penalty of deprivation of citizenship (allegiance) in modern world with the exile from tribe at the time of primitive society and from the state in ancient times; the manuscript provides a list of benefits and privileges (with focus on civil, political, social, economic, humanitarian rights and freedoms) of the citizens of Ukraine, which, accordingly, may be lost in the event of involuntary loss of citizenship of terrorism and separatism suspects. Such measure would have a serious effect of punishment if the state guaranteed fundamental rights and freedoms of citizens of Ukraine to the extent defined by internationally recognized standards, significant economic benefits for the citizens of Ukraine, or inability to obtain citizenship of another state. Conclusion was made about the inexpediency of introduction of such penalties at the current stage of development of the economy and civil society in Ukraine.

Juridical Aspects Regarding the Exceptional Measures Imposed during the State of Emergency

2020 ◽  
Vol 26 (2) ◽  
pp. 237-241
Author(s):  
Alexandru Stoian
Keyword(s):  
The State ◽  
Fundamental Rights ◽  
World Health ◽  
Public Order ◽  
Constitutional Democracy ◽  
State Of Emergency ◽  
International Context ◽  
The Public ◽  
Health Organization ◽  
Fundamental Rights And Freedoms

AbstractAccording to art. 20 of the Emergency Ordinance no. 1/1999 of the Romanian Government, the state of emergency imposes “non-military measures of public order and it is instituted in case of special threats to the national security or to the functioning of the constitutional democracy, as well as in the case of different disasters”. The requirement to implement economic, social or political measures in the case of the state of emergency is directly dependent on the progressive nature of the danger. During the state of emergency, the exercise of fundamental rights and freedoms may be restricted and important responsibilities of the public administration authorities are subordinated to the competence of the public order authorities, specified in the decree establishing the state of emergency. The spread of the SARS-CoV2 coronavirus, in the international context of the declaration of the pandemic by the World Health Organization, led to the adoption by the Decree of the President of Romania no. 195 of March 16, 2020 on the establishment of the state of emergency on the territory of Romania, which had important consequences in terms of restriction on the exercise of fundamental rights and freedoms.

scholarly journals Freedom or Security in Russia: The False Choice

2019 ◽  
pp. 59-67
Author(s):  
Irina Fan
Keyword(s):  
Social Constructivism ◽  
Public Discourse ◽  
The State ◽  
Fundamental Rights ◽  
Political Elite ◽  
Constitutional Rights ◽  
State Control ◽  
The Public ◽  
Liberal Democratic ◽  
Fundamental Rights And Freedoms

The paper aims to study the problem of enhanced tendency of the state to limit citizens’ fundamental rights and freedoms, globally and in Russia, justifying it with the need to provide security. Two major approaches to the ratio of freedom and security can be identified in the Russian public discourse – neo-conservative and liberal-democratic. The author uses the concept of social constructivism as a methodology basis for the research to analyze these approaches’ content and ways of constructing them. A contradiction has always exists between the individual’s right for freedom and pursuit of security. However, the specific way of solving it depends on the type of political system and the role of the political elite. The following results were obtained. People’s basic need for security is used by the Russian political elite as a justification for any state policy measures, including limitation of citizens’ constitutional rights and freedoms and curtailing democratic institutions and practices. This is implemented by establishing the state control of mass media, manipulating the public opinion through propaganda, as well as funding the security apparatus in ways not controlled by the society. Security instead of freedom is a false choice imposed on the population by the authorities. Achieving security and freedom is not mutually contradictory; it is mutually determining under conditions of an effective rule-of-law state.

Topical Issues of the Russian State Antimonopoly Policy (Proposals for the Draft National Plan for the Development of Competition for 2021-2025)

2021 ◽  
pp. 16-35
Author(s):  
A. N. Golomolzin
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Intellectual Activity ◽  
Digital Platforms ◽  
Economic Relations ◽  
Russian State ◽  
Fundamental Rights And Freedoms ◽  
Procurement System ◽  
And Control

The article is devoted to the development of Antimonopoly policy for the future 2021-2025, which ensures the fundamental rights and freedoms of consumers and entrepreneurs, and supports existing and new forms of economic activity in the context of profound changes in the economy. It is about how the new situation in the markets and in life is beginning to test the foundations of understanding economic and human relations. The author formulates the values of economic development in the new conditions. It is said that the role of consumers in the conditions of clip thinking is decreasing, and they need to be activated in the digital economy. The author assesses the emergence and development of new «human — machine» and «machine - machine» relationships, the ongoing convergence processes, the formation of multilateral, interconnected and global markets, and the correlation of the real and virtual world.Approaches to intellectual Antimonopoly regulation that stimulate innovative development are proposed. Recommendations are given for improving the Antimonopoly policy, taking into account the problems and challenges caused by the coronavirus and similar threats. Approaches to legal regulation of the activities of operators (aggregators) of digital platforms are proposed. Recommendations are given on the procedure for applying Antimonopoly legislation to actions and agreements on the exercise of exclusive rights to the results of intellectual activity. The article substantiates the need to switch to Pro-competitive, flexible, long-term tariff regulation and resuscitate structural reforms based on competitive mechanisms. Changes in international cooperation in the field of Antimonopoly policy are discussed. It is said about creating equal conditions for the activities of Russian and foreign participants in the e-Commerce markets. It is shown how, based on the creation of an exchange ecosystem, it is possible to form one of the world's financial centers in the country. Proposals are made to decriminalize the regulation and control of economic relations in General, as well as issues of Antimonopoly and tariff policy, and state procurements. We propose conceptual changes in the public procurement system with the transition from control of procedures to control the achievement of results using objective quotations of the prices of goods (works, services).

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2015 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

scholarly journals Demarcation of the public and private in the interaction of the state and citizens on digital network platforms

2021 ◽  
Vol 4 (3) ◽  
pp. 16-26
Author(s):  
V. V. Zotov
Keyword(s):  
Personal Information ◽  
Personal Data ◽  
The State ◽  
Sociological Study ◽  
Negative Experience ◽  
Public And Private ◽  
Digital Platforms ◽  
The Public ◽  
Digital Network ◽  
Private And Public

Digital network platforms are built on sociotechnical interaction between actors and actors. The creation and development of new public services based on digital platforms inevitably leads to the transformation of the relationship between the state and citizens. The attractiveness of state digital platforms for citizens increases when resolving the contradiction between the possibilities of new forms of social interaction and the threat of misuse of personal data, the risk of harm or persecution.The article presents the results of the analysis of the boundaries of the public and private in the interaction of the state with citizens on digital network platforms. The research method is a comparative analysis, which is based on the dichotomy of public and private, reflected in the concept of private and public X. Arendt, concepts of the public sphere J. Habermas, regulatory and legal concepts of privacy by R. Gavison. The empirical base was made up of a sociological study conducted to obtain information about the boundaries of privacy and publicity of personal data in the digital network space (n = 1 000 among the population over 18 years old living in metropolitan megacities and median regions by the level of informatization, 2020) and the results of Kaspersky Lab surveys conducted in 2019–2020.The conducted research allows us to assert that almost 2/3 of citizens have faced the misuse of confidential information on the Internet. Most of the respondents are aware that websites, social networks and search engines can collect data for web analytics. At the same time, citizens consider it possible to transfer personal data to the authorities in a generalized form for making managerial decisions. Half of the surveyed population does not object to the implementation of digital control over the actions and movements of citizens. Thus, despite the existing negative experience, it is unlikely that there will be any obvious resistance to organizing the collection of personal information on digital network platforms.

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