scholarly journals Educational service as an object of civil rights

2018 ◽  
Vol 81 (2) ◽  
pp. 55-65
Author(s):  
Y. I. Chalyi
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Educational Services ◽  
Educational Service ◽  
Eligibility Criteria ◽  
Legal Form ◽  
Intellectual Capacity ◽  
The Subject ◽  
Effectiveness Of Training ◽  
The Right

The author has studied the features of educational service as an object of civil rights. It has been noted that social benefits should not be understood as the object of civil rights, as some researchers insist on, the object of civil rights must be perceived as a legal behavior of the participants in legal relations. The main argument in favor of such a conclusion is the indication that the right as a regulator of public relations can affect only the volitional conduct of the participants, but not directly the benefits. The benefits are not capable of perceiving the legal requirements of legislative acts or contracts. Consequently, the educational service should be regarded as the legal behavior of the provider of this service, aimed at forming certain social qualities of the subject of educational influence. Behavior of educational services’ providers is a series of interrelated and purposeful acts of conduct (operation), and when such operational actions are carried out over a long period of time, they become the nature of activity. The legal form of providing educational services is a contractual obligation. The object of such binding legal relations is the requirement of the customer of the educational service in relation to the execution of the relevant subject actions by the provider and the subsequent positive reaction of the latter to the fulfillment of his duty. The object of the considered legal relations and the object of the subjective right of the customer of the educational service, according to the author of the article, coincide in their volume. It has been emphasized that the providers of educational services cannot have civil and legal obligation to guarantee the effectiveness of training, since the achievement of such an effect depends on the intellectual capacity of the subject of training and other factors. The eligibility criteria for the performance of educational services are regulatory requirements that determine the content of a particular level of education, the volume and sequence of teaching disciplines, etc. Based on this, one of the features of educational services is the implementation of public control over the compliance of the substantive conduct of the providers of such services with the requirements of the law.

Strategi Humas Partai Gerindra dalam Membangun Citra Partai pada Pemilu 2014

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah
Keyword(s):  
Data Collection ◽  
Public Relations ◽  
Media Relations ◽  
Executive Board ◽  
The Public ◽  
Community Or ◽  
The Subject ◽  
Main Components ◽  
The Right ◽  
Participatory Observation

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Discrimination and the Church of England: To What Extent does the Equality Act 2010 Adequately Protect Church of England Clergy?

2020 ◽  
Author(s):  
Christopher Grout*
Keyword(s):  
Sexual Orientation ◽  
Church Of England ◽  
Final Analysis ◽  
The Other ◽  
Eligibility Criteria ◽  
Sensitive Question ◽  
The Subject ◽  
The One ◽  
The Right ◽  
The Church

Abstract The extent to which members of the clergy are considered ‘employees’ for the purposes of secular employment and equality legislation has been the subject of much discussion, but essentially remains a fact sensitive question. The Equality Act 2010 (‘the 2010 Act’) seeks to prevent discrimination on the basis of nine ‘protected characteristics’. While recognizing that the application of the 2010 Act to the variety of clergy offices is ‘not straightforward’, the Church of England (‘the Church’) has opined that an equitable approach to clergy appointments is to proceed as if they were subject to the provisions of the 2010 Act. What follows is in`tended to be a thorough review of the eligibility criteria for clergy appointment in the Church to assess their compatibility with the requirements of the 2010 Act. In addition, particular consideration will be given to Schedule 9(2) to the 2010 Act which makes specific provision relating to religious requirements concerning the protected characteristics of sex, sexual orientation, and marriage and civil partnership. In short, where the employment is for the purposes of an organized religion, such as the Church, requirements which relate to these protected characteristics will not constitute discrimination where they engage the ‘compliance or non-conflict principle’. What these principles mean and how they might operate in practice is discussed below, taking into account the likely canonical and theological justifications for discriminating against certain individuals. Whether the law strikes the right balance between, on the one hand protecting clergy and, on the other, providing the Church with the autonomy to act in accordance with its established doctrine, will be explored in the final analysis.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

An Enterprise as an Object of Civil Rights in Subsoil Use: Challenges and Perspectives

2018 ◽  
pp. 108-116
Author(s):  
V. V. Levochko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Distinctive Features ◽  
Logical Approach ◽  
The Right ◽  
Legal Consequences

An enterprise as a holder of civil rights is a universal legal construction. When the I Part of the RF Civil Code was adopted, it was assumed that the enterprise would be the main participant of civil law transactions of the business. However, the introduced legal regime of the enterprise did not meet expectations. The study of theoretical standpoints with respect of the legal essence of the enterprise as a holder of civil rights shows the lack of unanimity of opinions among contemporary representatives of civil law. The most justified and logical approach to the development of legislation in this matter involves determination of a generic category "proprietary complex" and introduction of distinctive features in relation to its types, including the enterprise. The subsoil legislation and relevant jurisprudence analysis justifies the prospects for using the enterprise as a party to civil transactions in the subsoil use sphere, since its legal design allows to combine diverse property rights for their effective circulation, which, to a certain extent, will solve the problem of separate legal consequences for the rights to a subsoil plot and property inseparably attached to it, as well as the problem of the legal form of transfer of the right to subsoil use in certain cases.

scholarly journals Access to Justice Due to the Covid-19 Pandemic

2020 ◽  
Vol 9 (2) ◽  
pp. 47-64
Author(s):  
Nelli Golubeva ◽  
Illia But ◽  
Pavlo Prokhorov
Keyword(s):  
Public Relations ◽  
Rapid Development ◽  
Comparative Method ◽  
Synthesis Method ◽  
Access To Justice ◽  
Online Technology ◽  
The Public ◽  
The Subject ◽  
The Right ◽  
Right Of Access

The coronavirus pandemic (Covid-19) has caused many challenges to democracy around the world. Under the new conditions, states must implement effective quarantine measures, as well as take decisions that justifiably and least restrict human rights. In this pandemic context of many restrictions, it is important to pay attention to ensuring access to justice and to investigate its level of security. The article aims to analyze the right of access to justice in the context of the Covid-19 pandemic, both in Ukraine and other countries. The subject of the study is the public relations that arise during the exercise of the right of access to justice in the pandemic context. The research methodology includes a scope of methods, the most important of which are the dialectical method, the analysis method, the synthesis method, the comparative method, the induction method, and the deduction method. As a result of the study, an analysis of the right of access to justice in the context of Covid-19 has been made. The main conclusion of this study is that the Covid-19 pandemic has clearly shown that the transition to online technology and other innovations in the judiciary has so far been too slow. On the other hand, in the context of ensuring access to justice the pandemic has become a kind of trigger for the rapid development and implementation of the latest innovative technologies in the field of access to justice.

scholarly journals Recognition of right as a way to protect liability rights

2019 ◽  
pp. 76-84
Author(s):  
A. S. Starovoytova
Keyword(s):  
Civil Rights ◽  
Subject Matter ◽  
Practical Application ◽  
Legal Relationship ◽  
The Subject ◽  
The Right

The article substantiates the conclusion that recognition of the right is a universal way of protection of civil rights. This method of protection can be applied to liability rights. The article reveals the practical application of recognition of right as a way of protecting liability rights. The author states that the requirement to recognize the contract as concluded is a claim to recognize the obligations legal relationship. The structures similar to the recognition of liability rights are analyzed and the conclusion that such requirements are not claims for recognition, but are claims for award is reasoned. Claims for recognition of obligations are recommended to be divided into positive and negative. Particular attention is given to the legal design of the claim on recognition of obligations rights. In particular, the issues of the subject of the claim, its subjects, the conditions of presentation and satisfaction of the claim were considered. The claim for recognition of the right of obligation in its subject matter should be qualified as a requirement for confirmation of legal relationship.

scholarly journals On the Informatization of Criminal Proceedings in the Kyrgyz Republic in the Context of the Introduction of Digital Technologies

2020 ◽  
Vol 6 (9) ◽  
pp. 316-323
Author(s):  
Z. Sydykova
Keyword(s):  
Information Technology ◽  
Public Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Time Frame ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Digital Products ◽  
The Subject ◽  
The Right

The article raises questions about the need to introduce information technologies into the criminal justice of the Kyrgyz Republic in the context of digital transformation. The author believes that the goal of criminal proceedings for the implementation of the concept of legal informatization in the Kyrgyz Republic is the introduction of digital technologies in criminal proceedings, increasing its transparency, reducing the time frame of the criminal process, as well as optimizing the cost of paperwork and providing access to the case materials online. The use of digitalization as a new stage of information technology in criminal proceedings makes it possible to significantly improve the quality and efficiency of criminal proceedings, as well as facilitate the work of law enforcement officers, contributing to the formation of an independent information personality, teach them to make the right decisions and effectively use information resources. The main essence and role of information technology is the provision, storage, processing and perception of information and its accounting. The object of the research is a set of public relations regarding the informatization of criminal proceedings in the context of the introduction of digital technologies. The subject of the research is the norms of criminal procedure legislation on the implementation of electronic justice in Kyrgyzstan. The author came to the conclusion that the demand in making procedural decisions by the subject of a criminal investigation now makes it possible to present digital products (judicial acts) in electronic format and neutralize corruption components, increase greater confidence in the judiciary, ensuring the transparency of legal proceedings. With the help of digital technologies, information processes are rationalized, automated systems for making electronic court decisions are being introduced.

Personal image: introduction to legal discourse

2021 ◽  
pp. 117-123
Author(s):  
Karolina Karbovska
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Intangible Assets ◽  
Point Of View ◽  
Main Body ◽  
Communication Tool ◽  
Personal Brand ◽  
Marketing Tool ◽  
Object Of Study ◽  
The Right

Problem setting. Intensive development of public relations, digitalization and commercialization of new spheres of life, growing popularity of the media sphere necessitates civil protection not only the privacy of individuals who are popular and recognizable, but also their right to publicity, which is directly related to lawful use of intangible benefits that belong to a person and shape his image. Analysis of recent researches and publications. Among the world's most prominent researchers of image as a social phenomenon are R. Burns, I. Hoffman, W. James, J. Rotter, L. Holl, and others. Domestic studies of image are represented by the works of Atamanskaya K.I., Barny N.V., Krynychna I.P., Lavrentiya A.S., Palekha Y.I., Panteleychuk I.V., Fedoriva T.V., Shcherbak N. V. and other representatives of various social sciences. The purpose of the article is to outline general scientific approaches to defining the concept of image, distinguishing it from related concepts and identifying promising areas of civil law research of image. Article’s main body. The concept of image is more often used in the information space, which leads to an increase in public demand for the legal definition of this concept and the settlement of issues related to the protection of the image of both individuals and legal entities. Image is the object of study of various branches of social science and studied by them in a variety of manifestations and aspects. Based on the analysis of a number of approaches to image definition by representatives of various sciences, it can be concluded that image considered as: (a) a communication tool that is a manipulative technology to influence public consciousness; (b) marketing tool to promote goods, works and services; (c) the external and psychological image of the public person through which society identifies him as an individual. Considering the image of an individual from the standpoint of a systematic approach, in particular a multilevel set of different components - personal intangible assets, we believe that reputation is an element of the image of an individual and should be considered as its structural component. From the standpoint of interdisciplinary research, the concepts of image and personal brand should be considered as synonymous, from a legal point of view, despite their similarity, they are formed by different objects of civil rights, although within the protection of the individual's right to protection and personal brand. Conclusions and prospects for the development. In view of the above, it can be concluded that the image of an individual is a complex, interdisciplinary concept. It is a holistic, stable image of a particular person that exists in society, and is characterized by the indivisibility of its external and internal characteristics, the corresponding personal, professional and social qualities. The constituent legal elements of the image are (a) personal intangible assets: the right to a name, the right to an image, the right to individuality, personal reputation; (b) objects of intellectual property rights: means of personalization: personal brand, trademark, trade name and others.

Legal regime of subsoil use in Australia

2021 ◽  
pp. 54-68
Author(s):  
Iaroslav Manin
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Regime ◽  
Administrative Reforms ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Ownership Of Land

The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.

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