scholarly journals Theoretical approaches to determining the principles of codification of legislation in the field of intellectual property

2021 ◽  
pp. 128-139
Author(s):  
Nataliia Myronenko
Keyword(s):  
Intellectual Property ◽  
Legal System ◽  
Theoretical Basis ◽  
Legal Regulation ◽  
Practical Significance ◽  
Theoretical Approaches ◽  
The Law ◽  
Law And Justice ◽  
The Relationship ◽  
External Form

Keywords: law, intellectual property, codification and systematization of legislation,principles of codification, concepts, types and system of principles of codification The article revealstheoretical approaches to defining the system of principles of codification, theirplace in the legal system, which characterize the content of law in a concentratedform, its structure, the relationship between sources of law, law and justice, law andgovernment coercion and belief in legal regulation. It is proved that the system-formingcriterion of the principles of law and the principles of legislation are their functionaland purpose. The practical significance of the principles in the process of systematizationof legislation in the field of intellectual property, including its type suchas codification, is revealed. The correlation of principles of law and principles of legislationare investigated. It is established that there is a dialectical connection betweenlaw and law, which is manifested in the fact that: legislation is an external form of expressionof law, a way of expressing its content; most of the law is substantively includedin the legislation; the spheres of law and law do not coincide but intersect; inthat part, in which law and law coincide, the principles of law are the essence of theprinciples of law and vice versa — the principles of law are the principles of law. At the same time, since the legislation is an external form of expression of law and doesnot completely coincide with the law and does not contradict it, its creation and developmentare subject to certain specific rules and technologies. The main methodologicalprinciples that influence the separation of the system of principles, their place inthe theory of codification are determined; substantiates the need to include in the systemof general and special principles of codification and sectoral principles, which arethe theoretical basis and ensure those features are taken into account in the processof codification of individual branches of legislation. It is proved that there is a dialecticalrelationship between the purpose of codification, its tasks and the principles onwhich codification activity is based, the dependence of its result on the degree of consistencyof these elements of codification.

scholarly journals The Peculiarities of Ideas about Law and Justice among High School Students

2019 ◽  
Vol 21 (8) ◽  
pp. 112-129 ◽  
Author(s):  
S. I. Balyaev ◽  
D. A. Burkova ◽  
N. N. Morozova
Keyword(s):  
High School Students ◽  
Young People ◽  
University Students ◽  
Student Perceptions ◽  
Legal Culture ◽  
Practical Significance ◽  
Russian Society ◽  
Theoretical Approaches ◽  
The Law ◽  
Law And Justice

Introduction. In recent decades, scholars have shown greater research interest in aspects of legal literacy of young people regarding democratic processes in the Russian society. However, despite increasing relevance of the problem of developing and strengthening the legal awareness of modern young people, including university students, this issue has not been sufficiently studied. Meanwhile, subjective misinterpretation of the concepts of law and justice, a low level of legal culture and legal nihilism can be the causes of youth offences, as well as the factors, which distort the worldview under formation.The present publication is aimed to investigate the role of ideas about the law and justice in the structure of legal awareness of students of higher education institutions.Methodology and research methods. In the course of the empirical research, the following psychodiagnostic methods were employed: the questionnaire created on the basis of L. A. Yasyukova’s and the procedures of free associations. To process the obtained data, the content analysis and the methods of mathematic statistics, the criterion φ* (Fisher’s angular transformation) and the Kolmogorov-Smirnov criterion λ were used.Results and scientific novelty. Theoretical approaches to the problem under discussion have been analysed, according to which legal awareness is determined by the conditions of society. Instability of these conditions generates a “paradoxical personality” (M. I. Yenikeev), who accepts and rejects social norms. It is noted that the Russian legal culture is negatively affected by such factors as the dissonance between legal ideology and legal psychology, weakness of civil society institutions, deep financial and economic crisis, etc.The conducted survey manifested that the specifics of vocational education programme do not have a significant impact on the development of student perceptions of law and justice. The peculiarities of this component of legal awareness of students are revealed. The participants of the survey were convinced that the law should be fair; otherwise, it is not necessary to obey the law. The survey revealed that recognising the priority of legislation over conscience in administrative matters, the respondents believed that only just professionals should be at the head of state, regardless of their moral qualities. According to the respondents, orientation on honor and justice should be the basis of order in the society, but the participants noted the ambiguity of these concepts. On the one hand, students understand justice from the position of social balance (everyone receives what they deserve), on the other hand, they are convinced that social justice is ensured by equality. Young people are interested in the dynamics of the current legislation and believe that everyone should have basic legal knowledge, and ignorance of the law does not exempt a person from this responsibility. The respondents are sure that the law is the same for everyone and is enforceable equally by everyone; moreover, the law is designed to protect the interests of a particular person, not society as a whole. The majority of respondents generated the estimation that the ability to defend own rights is more significant than the performance of duties. The authors of the present research draw a generalised conclusion that university students’ perceptions of law and justice are inconsistent and contradictory.Practical significance. The research results can be used by teachers and psychologists of higher educational institutions, as well as by various experts to develop the programmes for formation of youth legal awareness.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 48-62
Author(s):  
Vitalii Urkevych
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Structural Method ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Important Object ◽  
And Performance ◽  
Lease Agreement

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

Introduction to The Indonesian Legal System: Major Developments in the Past Decade

2006 ◽  
Vol 13 (1) ◽  
pp. 57-72
Author(s):  
Hesti Setyowati ◽  
M. Harris S. Toengkagie
Keyword(s):  
National Identity ◽  
Ethnic Groups ◽  
Legal System ◽  
Colonial Era ◽  
The Past ◽  
Legal Foundation ◽  
National Ideology ◽  
Customary Laws ◽  
The Law ◽  
Law And Justice

Abstract Indonesia is an archipelagic country that has endured 350 years of western colonization. Its people comprise diverse ethnic, cultural and religious backgrounds, all living in more than 17.000 islands spread throughout the archipelago. The development of the Indonesian legal system are considered as unique since it comprises the legacy of colonization, combined with the customary laws of various tribes. It is heavily infl uenced by Islam-the religion of the majority of its citizens, and the people’s own perception of law and justice following the colonial era. The undisputable fact on the variety of ethnic groups, cultures and religions formulate the desire for national ideology which promotes a unity of such diversity. As the result, each of the laws is formulated with reference to the principle of unity and democracy carried out in accordance with the national ideology. 60 years after its independence, the Law in Indonesia has shown great strides in its development. All of the developments are claimed to fulfi ll its goal of achieving a modern nation with solid legal foundation, without sacrifi cing its national identity.

scholarly journals DETERMINANTS OF CONCEPTUALITY IN LAW, LEGAL PRACTICE AND THEORY

2019 ◽  
Vol 7 (4) ◽  
pp. 6-10
Author(s):  
Anna Chuval'nikova
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Value System ◽  
The Relationship ◽  
Conceptual Nature ◽  
Content Characteristics

In the context of the problem of increasing formalism of modern law, the article analyzes the conditions by which a formally defined by its nature law acquires a conceptual nature, that is, a certain set of content characteristics that give legal regulation meaning and set it a certain logic. The author substantiates the relationship between the conceptual and value system of legal consciousness, which allows us to identify as determinants of the conceptuality of law and other elements of the legal system of society semantic legal values.

Sign in / Sign up

Export Citation Format

Share Document