scholarly journals THE PHYSICAL NATURE OF THE NETWORK SPACE AND LAW: SOME METHODOLOGICAL PROBLEMS

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 146-157
Author(s):  
Олег Александрович ПУЧКОВ
Keyword(s):  
Legal Protection ◽  
Physical Nature ◽  
Legal Regulation ◽  
Electrical Signal ◽  
Electric Signal ◽  
The Internet ◽  
Dual Nature ◽  
Legal Method ◽  
Legal Nature ◽  
Network Space

In modern legal science, few studies are devoted to the issues of the legal nature of technical and physical phenomena that make up an encoded signal transmitted in the form of a file and containing a certain number of bits of information. At the same time, a set of questions relating to the legal nature of the information flow in its technical and physical sense and the legal nature of the transmitted signal from the emitter to the receiver remains unexplored. A closer look also reveals that the signal transmitted on the Internet by broadcasters is not unambiguous in terms of copyright law and principles. This, in turn, makes the issue of legal protection of the signal broadcast on the Internet topical. The paper suggests that the Web, the World Wide Web, is a continuous interaction of the physical (electrical) and information beginnings. Furthermore, physically the electric signal is transmitted in a coded form and has logically organized information content. This binary nature of the signal transmitted from source to consumer has not been properly described in legal studies. The purpose of the work is to study current trends in understanding the legal nature of the encoded electrical signal, transmitted in the network space by the relevant source and accepted by the consumer. The methods used in the research are of two types: firstly, this is a formal legal method associated with understanding and interpreting legal norms, clarifying the current situation in the legal regulation of the Internet space; secondly, the methods of analysis and synthesis, implying a consistent disclosure of the technical, social and cultural nature of the Internet space. The results of the study reveal the dual nature of the signal, which is a means of transmitting information on the information network. The nature of the signal (energy) has a coded form, which makes it possible to receive the information transmitted by the signal source. The legal regulation of the transmission and reception of such signals requires substantial additions.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

scholarly journals Virtual Image as an Object of Legal Protection

2020 ◽  
Vol 15 (6) ◽  
pp. 143-148
Author(s):  
E. S. Grin
Keyword(s):  
Computer Games ◽  
Legal Protection ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Creative Work ◽  
Virtual Image ◽  
Legal Nature ◽  
Digital Objects ◽  
Virtual And Augmented Reality ◽  
The Right

The paper discusses the issues that arise when creating a virtual image in multimedia products, including computer games, using the image of a citizen. As a rule, such images are used without the consent of a citizen, and therefore disputes have begun to arise regarding the legitimacy of using real images of artists in computer games, social networks. The author analyzes the legal nature of the right to an image of a citizen and the possibility of using such an image in virtual and augmented reality. In connection with the development of digital technologies, the images of citizens are now actively being used in creation of various works, such as holograms. The dance moves are being used to create digital results of creative work. The author notes that when getting results of creative work in virtual reality, it is necessary to observe the rights of citizens, whose images are used to create digital objects. When considering these issues, an analysis of foreign experience is provided, as well as mechanisms for legal regulation of relations arising in the cases under consideration.

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

scholarly journals INTERNATIONAL HUMAN RIGHTS PROTECTION ON THE INTERNET

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Valentyna Babiichuk ◽  
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Main Idea ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Private International Law ◽  
Human Rights Protection ◽  
Social Settings

The research has been done on the international legal protection of rights and freedoms of Internet users in the context of the rapid grow and development of information and telecommunication technologies, global spread of Internet coverage and extraordinary availability of IT resources. The article demonstrates and analyses precedents of human rights abuses and violations in cyberspace, covers international and national legal instruments countering them, highlights potential methods of human rights and security, examines Internet safety concerning privacy and phenomenon of the overall transformation of private international law in accordance with challenges of the day. Numerous possible measures to protect personal data in cyberspace are listed as well as shortcomings of modern legal regulation in the area of human rights, violations on the Internet, which allow certain private actors to dodge the law. The author reviewed and summarized the main international and national legal acts in the field of human cybersecurity and the general content of it, documents of international organizations, regulating some aspects of cybersecurity were examined as well as some aspects of privacy in social settings and Internet platforms. The article also emphasizes that the comprehensive study of Internet challenges will always be a topical issue, for reasons that innovation and progress are on the rise, and the world faces more and more new and emerging challenges every day. Scientists and lawyers do not have the time and physical ability to analyze and research a great deal of information. They are failing to propose solutions to existing problems and to adapt legal systems to daily changes. The article also has taken note that the accessibility of the Internet could possibly jeopardize democracy. The main idea of research and the key thesis of the article is international and public methods to protect human rights on the cyberspace and also themself protection of users. The author has demonstrated how essential in our on-line work and Internet using safety is. In addition, the author showed how easy our private information could be about to the risk of identity theft and described well-known precedent of such cases.

scholarly journals Problems of Protecting Virtual Game Property by Means of Criminal Law

2021 ◽  
Vol 15 (6) ◽  
pp. 744-755
Author(s):  
Pavel Stepanov ◽  
Maria Filatova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Real World ◽  
Legal Protection ◽  
Legal Regulation ◽  
Virtual Space ◽  
The Real ◽  
Legal Nature ◽  
Game Property ◽  
Virtual Game

The legal regulation of social relations in virtual reality is attracting an increasing attention of scholars. There are corresponding Russian and foreign publications concerning different branches of law: civil, tax, labor, international humanitarian, and criminology. Criminological research is based, among other things, on the analysis of sociocultural factors: how online gaming behavior influences the «cultural normalization» of similar behavior in the real world, the problems and boundaries of permitted violence. At the same time, the problem of infringements on virtual game property is becoming more urgent. The first reason for this is the fact that the possession of virtual property can have legal and economic consequences in the real world. The second reason is connected with the absence, in most jurisdictions, of the legal regulation of the emerging property rights (or other «rights in rem») to game property, which hinders prosecution for crimes against it, or makes it impossible in some countries where criminal law protection is linked to positive legislation. The authors believe that it is best to view these crimes as offences against property, and not cybercrimes in the narrow sense of the word. It is obvious that the problems of defining the crime of theft in the virtual space are connected with the understanding of the object and other features of theft, and the analysis thus mainly focuses on comparing the legal nature of virtual game property with how it corresponds to the features of theft in the current legislation. Key concepts of the legal nature of virtual game property are formulated, which are then analyzed from the standpoint of their applicability in criminal law. According to the authors, there are two main ways to solve the problem of virtual game property protection: either, following the approaches found in foreign practice, the definition of theft should be broadened, or the legal protection regime sui generis should be created to deal with the protection of all cyber aspects of property relations.

scholarly journals The legal nature of the ombudsman's activities to protect the rights and interests of taxpayers

2021 ◽  
Vol 2 (2/S) ◽  
pp. 201-207
Author(s):  
Бекзод Normatov
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Legal Basis ◽  
Judicial Practice ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Rights And Interests ◽  
Business Entities ◽  
Legal Grounds

This article analyzes the legal basis of the business ombudsman in the system of protection of the rights and legitimate interests of business entities, its main powers, as well as organizational and legal activities, as well as its powers in the processes of tax audits are not fully regulated by law. The role of the business Ombudsman in protecting the rights and interests of taxpayers was also assessed on the basis of judicial practice and statistics. The article interprets the world models of the business ombudsman's activity, examines the role of legal protection of the activities of economic entities and taxpayers. In addition, the procedure for forming the institution of the Ombudsman is characterized by historical and legal grounds. Proposals and recommendations for improving the legal regulation of the business Ombudsman have been developed.  

scholarly journals Formation of legal framework for transportation safety in Ancient Rus’

2020 ◽  
pp. 53-67
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Transportation Safety ◽  
Transportation Services ◽  
State Institutions ◽  
Water Transportation ◽  
Legal Method ◽  
Initial Stage

The subject of this research is the problems of ensuring transportation safety at the initial stage of establishment of Ancient Rus’. The author explores the origins of formation of the national legal framework for ensuring transportation safety; as well as describes the transition from extralegal means of ensuring transportation safety (physical armed defense of the subjects of transport relations) towards legal regulation of this issue. The platform of transportation safety of that time was based on the variety of transportation services, first and foremost, international. Emphasis is made on the natural-climatic conditions, due to which the East Slavs put the problem of ensuring safety of water transportation to the forefront. Application of the narrative method of research allowed structuring a logically consistent image of the formation of legal framework for ensuring transportation safety in its historical development. The comparative legal method allowed analyzing the processes of formation of legal framework for ensuring transportation safety in the countries that dealt with Ancient Rus’ in this field. The author supports an opinion on infeasibility of juridification of relations in the area of transportation safety in the pre-state period; only with the emergence of state institutions in the territory of East Slavs, they take on the functions of legal protection of the subjects of transport relations. The first international agreements of the Kiev State and the Novgorod Feudal Republic confirm this conclusion.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

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