scholarly journals Human dignity (honor) in the aspect of abuse of right (doctrine, practice, technique)

2020 ◽  
pp. 10-20
Author(s):  
Vladimir Baranov ◽  
Roman Romashov
Keyword(s):  
Human Dignity ◽  
Negative Impact ◽  
Legal Protection ◽  
Personal Rights ◽  
Personal Dignity ◽  
Rights And Interests ◽  
Definition Of ◽  
The Right

The article deals with authors’ definition of terms “vice”, “abuse”, “abuse with right”. The understanding of an abuse as a legally assessed negative impact expressed in behavioral form allows considering “abuse in law”, “abuse of rights” as relatively independent legally technical constructs. Personal rights and interests of individuals and incorporated participants of legal communications appear as objects of “malicious” impact. As a specific interdisciplinary object of abuse with right the right of personal dignity (honor) is considered. It is proposed to optimize the categories (apparatus of categories) of professional jurisprudence by reducing the names of all immaterial rights to this or that extent connected with respect to personality to two basic ca­tegories: dignity and reputation, which will significantly increase the efficiency of measures used for the legal protection there of.

scholarly journals The role and significance of diagnostics of the financial state of the enterprise in modern condition

2020 ◽  
pp. 5-8
Author(s):  
Tetiana PIZNIAK ◽  
Diana KHOMIAK
Keyword(s):  
Financial Analysis ◽  
Negative Impact ◽  
Enterprise Management ◽  
Analysis And Evaluation ◽  
Financial Condition ◽  
Financial Difficulties ◽  
Rational Diagnosis ◽  
Definition Of ◽  
The Right ◽  
Theoretical Foundations

Introduction. Achieving the key goals of the business object is possible through timely and rational diagnosis of the financial condition of the enterprise. To date, the company's management faces many questions to assess the financial condition. Therefore, the definition of the essence, the description of the factors of formation and the definition of ways to increase the financial result of the enterprise is one of the relevant areas of research. The purpose of the paper is to determine the theoretical foundations and practical approaches to the analysis and evaluation of the enterprise. Results. The mechanism of financial diagnostics of development and safe activity should be built in such a way that the negative impact of different types of destructive factors can be detected and quickly eliminated through regularity and verification. Assessment of a set of indicators makes it possible to identify factors that directly affect the financial condition of the enterprise and timely make the necessary management decisions to improve it. Diagnosing the financial condition and sustainability of the enterprise includes two main stages: rapid diagnosis and fundamental diagnosis. stages of the capital cycle, because financial difficulties can arise in any of them. Considering the system of factors influencing the financial condition of the enterprise, we can say that the greatest attention in the process of its management should be paid to the factors of internal influence, because these are the elements an entity can manage. Conclusion. To carry out successful activities in modern conditions of development, it is important to maintain an effective process of enterprise management, which consists in finding and making the most effective decisions and, accordingly, practical justification. Therefore, we can conclude that for a successful financial analysis of the enterprise, the right method and indicators must be chosen that can better describe the essence of the financial condition of the enterprise.

TAJEMNICA DZIENNIKARSKA I ZASADY ZWALNIANIA Z NIEJ

2021 ◽  
pp. 198-213
Author(s):  
Lech Jaworski
Keyword(s):  
Criminal Procedure ◽  
Third Parties ◽  
Good Faith ◽  
Editorial Office ◽  
Personal Rights ◽  
The Press ◽  
Legitimate Interests ◽  
Publishing Houses ◽  
Rights And Interests ◽  
The Right

Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals Rights of Interior Decoration Designer "A study in Light of UAE Federal Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights”

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel
Keyword(s):  
Historical Development ◽  
Architectural Design ◽  
Legal Protection ◽  
Legal Framework ◽  
Federal Law ◽  
Interior Decoration ◽  
Definition Of ◽  
The Right ◽  
Technical Framework

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.

scholarly journals Protecting the Right to Privacy in China

2005 ◽  
Vol 36 (3) ◽  
pp. 645 ◽  
Author(s):  
Cao Jingchun
Keyword(s):  
Legal Protection ◽  
Modern Concept ◽  
Western World ◽  
Chinese Government ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Definition Of ◽  
The Right ◽  
The Impact

This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. First, a brief introduction to the history of the concept of privacy in China is given. Based on the definition of privacy in the Western world, the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the subjects and objects of the right to privacy have been chosen and the distinctions between the right to privacy, the right of reputation and the right to know have been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil Code. Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach.  Besides these measures, a specific data protection law is also essential. 

scholarly journals Tytuł profesora w postępowaniu przed Radą Doskonałości Naukowej

2021 ◽  
pp. 9-63
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Higher Education ◽  
Legal Protection ◽  
Scientific Excellence ◽  
Scientific Disciplines ◽  
The Republic ◽  
Definition Of ◽  
New Formulation ◽  
The Right ◽  
Selection Of

The Act of 20 July 2018 on Higher Education and Science is the eighth Polish normative act of statutory rank since 1920 to deal with matters concerning the title of professor, not counting separate acts and their amendments. It is also the first act based on the regulations in force before 1965 to regulate in a single act matters of higher education and science. Despite their new formulation, not all of the solutions implemented by this Act imply a full withdrawal from the regulations adopted in previous years. What is absolutely new in it, however, is the simplification of the procedure and conditions of the proceedings for conferring the title of professor through: (1) a new definition of fields of science (arts) and scientific disciplines (artistic disciplines) based, following the OECD classification, on the two-tier qualification of sciences (with some exceptions); (2) the constitution of the Council for Scientific Excellence, as a new institution, as of 1 January 2021 exclusively endowed with the right to initiate proceedings for the conferment of the title of professor (including refusal) and the subsequent process, ending with a positive or negative decision of that Council. Other solutions of this law have been subject to broader or narrower changes or have been retained in their current wording. Those of such a nature constitute answers to the following questions: (1) On whom may the title of professor be conferred, and in relation to whom, despite meeting the requirements for it, is this unacceptable, for other statutory reasons?; (2) What requirements does the legislator expect from a candidate for this academic title, and to what extent do the expectations placed on them – outstanding scientific (artistic) achievements – go beyond the framework of the previously binding standards in this regard?; (3) What determines the selection of candidates for reviewers in this procedure, and what is the procedure for selecting them?; (4) What are the conditions for a candidate’s legal protection against negative decisions by the Council for Scientific Excellence, taking into account (5) the conditions for the President of the Republic of Poland’s participation in this procedure, which have remained unchanged since 1990?

scholarly journals HUMAN DIGNITY AND THE RIGHT OF PERSONHOOD: LEGAL PROTECTION FOR ELDERS AT HOME IN GERMANY

2017 ◽  
Vol 1 (suppl_1) ◽  
pp. 499-499
Author(s):  
A. Schwedler ◽  
N. Konopik ◽  
L. Schulz ◽  
F. Oswald ◽  
M. Wellenhofer ◽  
...  
Keyword(s):  
Human Dignity ◽  
Legal Protection ◽  
The Right ◽  
At Home

Formation of the financial and economic security system at the enterprise

2021 ◽  
Vol 72 (5) ◽  
pp. 78-84
Author(s):  
A. Dovgal ◽  
N. Parkhomenko
Keyword(s):  
Financial Stability ◽  
Negative Impact ◽  
Legal Protection ◽  
Economic Security ◽  
Economic Activities ◽  
Financial Flows ◽  
Financial Activity ◽  
Financial Condition ◽  
Security Indicators ◽  
The Right

The necessity of formation of financial and economic security at the enterprise in modern conditions of unstable financial situation in the country is defined. The concept of «financial and economic security» is substantiated, especially that financial and economic security is the financial and economic condition of the enterprise, through which the financial and economic interests of the company should be protected from negative external and internal factors and create the necessary financial and economic conditions for continuous successful activity and sustainable development of the enterprise. Statistics on the difficult financial security situation for both enterprises and the country are presented. The main indicators of the system and components for the formation of financial and economic security at the enterprise are analyzed. It is determined that the main factors of financial and economic security of the enterprise are: the level of financial resources; stability and firmness of the financial condition of the enterprise; balance of financial flows; the nature of financial and economic activities of the enterprise and the degree of its efficiency. Stages of formation of financial and economic security are to determine the types and causes of negative impact on the company and determine its financial condition, assessment of the current level of its security. Indicators for assessing the efficiency of the enterprise and the current state of financial and economic security of the company are presented. All these measures are aimed at ensuring the balance and sustainability of financial and economic security of the company, which consists in the effective implementation of currency, investment, settlement, stock, monetary policies, etc. as a prerequisite for the effectiveness of economic activity of the business entity. The following ways of improvement of financial and economic system are offered: improvement of normative-legal protection of all spheres of activity; ensuring the reliability of staff; protection of information used by the enterprise; effective monitoring of finances and risks of financial activity; increasing financial stability and independence by ensuring the efficiency of core activities, competitiveness of products and / or services; the right choice of strategies for market behavior.

Human dignity right in the system of personal (civil) human rights (the problem of applying an interdisciplinary approach to research)

2020 ◽  
pp. 9-20
Author(s):  
Nikolay Pridvorov ◽  
Vasily Trofimov
Keyword(s):  
Civil Rights ◽  
Human Dignity ◽  
Legal Status ◽  
Interdisciplinary Approach ◽  
Personal Rights ◽  
Foreign Law ◽  
Practical Research ◽  
The Right ◽  
Correct Understanding ◽  
Interdisciplinary Study

We consider the problem of human dignity right as one of the key elements of the system of personal (civil) rights and freedoms of man and citizen. We state the constitutive importance of the right to human dignity in the structure of the legal status of an individual. We demonstrate the interdisciplinary nature of the institution of human dignity. We give examples of legislative protection of the right to dignity of an individual from a number of branches of Russian and foreign law. We reveal the incompleteness of both the doctrinal understanding and the legislative regulation of personal rights, including the right to the dignity of the person, which, as a general principle, figure only as objects of protection from state and legal means (mechanisms). In addition, these rights have their potential for the full realization of the personality in the process of social and legal life, and therefore it is necessary to create wider regulatory opportunities for this legal institution. The achievement of the goals of a correct understanding and regulation of the right to human dignity (as well as other personal rights) will be facilitated by the use of an interdisciplinary scientific approach in the process of scientific and practical research of this subject. We offer arguments that indicate the relevance of an interdisciplinary study of the right to human dignity.

scholarly journals Research and Human Rights – Surrogacy and Interference in Human Genome

2018 ◽  
pp. 38
Author(s):  
Kalomoira K. Sakellaraki
Keyword(s):  
Human Dignity ◽  
The Body ◽  
Hereditary Diseases ◽  
Genetic Technology ◽  
Right To Life ◽  
Council Of Europe ◽  
Human Species ◽  
Definition Of ◽  
The Individual ◽  
The Right

The development of biotechnology and life sciences has led to a clash between the endeavor for research and human dignity. Issues have been raised about biotechnological practices, not only for treatment but also for research. Genetic technology refers to the methods that make enable the interference in the structure of the genes that are found in the cell nucleus. The body of all this information is the individual's genome. By mapping the genome, it is now possible to diagnose hereditary diseases and abnormalities that humans might develop after their birth and during their lifetime. Such techniques and investigations lead not only to negative eugenics by the fetus' exclusion due to an abnormality, but to a positive one as well because perfect humans are chosen for implantation. Law, therefore, faces life as damage. Such cases have led to the enactment of a law which stipulates that life deserves/is worth per se, and the recognition of the individual's right not to be born with the value of individual is incompatible. On the contrary, it is argued that neither can the individual submit to a transcendent value of the human genus nor can the individual right to resort to Justice for a health problem that makes life difficult be annulled. Nevertheless, it appears that such a process leads to the hetero-definition of the human species and inevitably to the abasement of human dignity, since the principle of dissimilarity is abolished, and healthy patterns are created. Typical is the case of Recommendation 932 of the Council of Europe, which states that as a person has the right to life and human dignity, so one has the right to unchangeable hereditary features.

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