scholarly journals Personal non-property rights ensure a social existence of the Internet user as natural person

Legal Ukraine ◽  
2020 ◽  
pp. 58-67
Author(s):  
Anna Dolinska
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Civil Law ◽  
Internet User ◽  
The Internet ◽  
Social Existence ◽  
Natural Person ◽  
Internet Users ◽  
Internet Environment ◽  
The Right

The article is devoted to issues of personal non-property rights which ensure social existence of the Internet user as an natural person. It is emphasized that Internet user, as a participant in civil law relations related to protection and defense of personal non-property rights, is endowed with all powers that determine general legal status of a participant in similar law relations. The peculiarities of the Internet user’s exercise of certain personal non-property rights are highlighted, which are due to nature of Internet relations. They reflect specifics of human communication in the Internet environment. At the same time, threats that require formation of a separate mechanism to ensure the protection the personal non-property rights of Internet users are increasing proportionately. Thus, civil law doctrine should take into account need to supplement existing theory of personal non-property rights with new elements that affect the status of a natural person as a participant in civil law relations. The specifics of Internet user’s legal status in the context of his personal non-property rights when performing certain actions on the Internet is: in moment of occurrence the legal status of Internet user as a holder of personal non-property rights; in ensuring principle of equality of all Internet users, regardless of their status in the field of private or public law relations; in compliance with specific requirements for individualization of Internet user. It is determined that Internet user acts in the Internet environment through the complex of individualizing features which include: avatar, nickname, online style (image), text information (post), which accompanied by photos, videos, information that defines Internet user’s list of tastes, comments of Internet user are placed under posts of other users, digital signature on the Internet. Key words: Internet user, personal non-property rights, right to family, right to name, right to respect for honor and dignity; the right to inviolability of business reputation, the right to freedom, the right to individuality, the right to personal papers, the right to secrecy of correspondence, the right to inviolability of the home, the right to freedom of movement, the right to freedom of association.

scholarly journals Internet User: the Concept and Types

2019 ◽  
pp. 238-250
Author(s):  
Anna DOLINSKA
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Internet User ◽  
The Internet ◽  
Internet Users ◽  
Wide Range ◽  
Concrete Property ◽  
Definition Of ◽  
Judicial Protection

The article discusses the concepts and types of Internet users. Using technical and legal means, a personal definition of an Internet user is proposed. By the term «Internet user» we propose to understand — a participant of Internet relations (both a natural and a legal entity) who uses capabilities of information environment to satisfy his/her personal needs in sale of goods, works and services. The researcher notes that in national legislation of Ukraine there is no legal regulation of the concept and types of Internet users. The study analyzed and formulated types of Internet users. The Internet user, as a participant in various Internet relations, is marked by special features due to the nature of such relations. A specific composition of Internet users who take part in such relations was identified depending on dedicated types of Internet relations. Their brief characteristic is provided. At the same time, legal status of Internet user is compared with the consumer. On the whole, current legislation is not a perfect means of legal influence on internet relations which are connected with Internet user, and requires its timely improvement. It was proposed to supplement provisions of Law of Ukraine «On the protection of consumer rights» with provisions that extend legal status to Internet user which consumer has in its traditional sense (i.e. the concept, rights, obligations, procedure of judicial protection, liability for violation the legislation about protection of Internet users’ rights). The concept of Internet user fully reflects characteristics of a participant in civil law relations. This is especially clearly emphasized by analysis of its types and ratio with consumer category. The Internet user is endowed with a wide range of «traditional» rights and obligations of a participant in civil law relations, which are enshrined in national and international legislation. The Internet user acquires concrete property and personal non-property rights and corresponding duties that determine its civil and legal status.

scholarly journals Child as a Participant in Obligatory Legal Relations

2021 ◽  
pp. 64-72
Author(s):  
Iryna SERDECHNA
Keyword(s):  
Property Rights ◽  
Characteristic Feature ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Unborn Child ◽  
Legal Relationship ◽  
Contractual Obligations ◽  
The Right ◽  
A Minor

It is determined that, in accordance with the provisions of civil law, the obligation is a legal relationship in which one party (debtor) is obliged to perform a certain act in favour of the second party (creditor), that is, to perform an act determined by contract or law or to refrain from a certain action, and the creditor has the right to require the debtor to fulfil its duty. The presence of a certain number of persons participating in the obligation of the entities of the obligation (creditor and debtor) is a characteristic feature of the binding legal relationship. Scientific approaches and approaches outstanding in the normative legal acts on understanding the concept of «child» have been analyzed. It is proved that in the Civil Code of Ukraine the concept of «child» is used only in some articles (part 2 of article 25, part 1 of article 35, part 3 of article 72, part 2 of article 285, part 3 of article 295, part 1.4 of article 1200 part 1 of article 1242, etc.) at the same time this category is used regarding, that is, when determining the question regarding the legal status of a conceived and unborn child, regarding the personal non-property rights of individuals, regarding the issue of compensation for harm, hereditary legal relations, etc. It is justified that civil law does not identify the concept of «child» with a person before the age of 18. The peculiarities of the child’s participation in binding legal relations, in particular in contractual and non-contractual relations, were studied. The characteristics of the child’s participation in contractual binding legal relations are defined: 1. The child is subject to contractual obligations until he or she reaches the age of 14, as he or she has the right to engage in petty domestic transactions; 2. The child may be subject to contractual obligations at the age of 14, and the scope and capacity of the child is increased; 3. The child has the same rights as other subjects of binding legal relations. 4. Obligatory legal relations involving the child arise in relation to property and personal non-property benefits; 5. Legal facts are the basis for legal relations involving the child. The legislative approach is disclosed regarding the peculiarities of the participation of the child, namely a minor and juvenile person, in non-contractual obligations, in particular in obligations for compensation for harm.

icann’s New Generic Top-Level Domain Names Dispute Resolution Procedure Viewed Against the Protection of the Public Interest of the Internet Community: Litigation Regarding Health-Related Strings

2014 ◽  
Vol 13 (3) ◽  
pp. 306-346 ◽  
Author(s):  
Simone Vezzani
Keyword(s):  
Freedom Of Expression ◽  
The Internet ◽  
Commercial Arbitration ◽  
Domain Names ◽  
Internet Users ◽  
Health Related ◽  
Rules Of Procedure ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

icann’s decision to liberalize the market for Internet Generic Top-Level Domain Names has been giving rise to many concerns, related in particular to the registration of health-related strings, which may favour fraud and the dissemination of misleading health information. However, a very sophisticated mechanism has been put into place by icann, intended to prevent the registration of strings which face opposition from a significant portion of the community they purportedly aim to serve, or which are contrary to generally accepted principles related to morality and public order. Tailored after the model of commercial arbitration, icann rules of procedure are noteworthy in that they give standing to all interested Internet users and to an Independent Objector. Though underlining some of its procedural deficiencies, this article emphasizes the importance of the icann mechanism in the “constitutionalization” of the Internet. It also discusses the contribution of icann expert panels to international human rights discourse, as illustrated by the expert panel determinations walking the tightrope between freedom of expression and the right to health.

scholarly journals THE CONSUMER AS A SOURCE OF MARKETING INFORMATION IN THE INFORMATION SOCIETY

2015 ◽  
Vol 3 ◽  
pp. 361-367
Author(s):  
Kamila Peszko
Keyword(s):  
Social Media ◽  
Consumer Behavior ◽  
Information Society ◽  
Consumer Preferences ◽  
Internet User ◽  
The Internet ◽  
Free Access ◽  
Source Information ◽  
Internet Users ◽  
Marketing Information

The development of IT technology has provided people with free access to the Internet, which is now a place for consumers to look for opportunities to share their observations with others. The Internet user wants to be more aware, and willingly participates in the development of emerging brands. Companies have also found their place on the Internet, where they source information from Internet users. They realize the power of the consumer as a source of marketing information, and "take advantage" of consumer behavior to promote their brands. They analyze information about consumers, especially consumer preferences, and then publish this via social media in ways that might appeal to users and lead them to share it with others. This study describes this relationship between consumers and marketing via the Internet, and how the consumer is a source of marketing information, because of the possibilities created for entrepreneurs in the information society.

scholarly journals Statistical analysis of city and the villages Internet users based on user logs

2018 ◽  
Vol 176 ◽  
pp. 03011
Author(s):  
ZHANG Yi-wen ◽  
BAI Yan-qi ◽  
YANG An-ju
Keyword(s):  
Statistical Analysis ◽  
User Behavior ◽  
Internet Access ◽  
Internet User ◽  
Log Analysis ◽  
The Internet ◽  
Internet Users ◽  
Internet User Behavior ◽  
Access Log Analysis

In recent years, with the rapid increase of users active on the Internet, Internet users access log is also increasing rapidly. According to the user's Internet access log analysis of the characteristics of user behavior on the Internet. In this paper, we classify the statistical analysis of the behavior of Internet users by collecting information and data on urban and rural Internet user behavior. This result may provide a basis for guiding the behavior of Internet software manufacturers or government.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Individual Responsibility ◽  
The Internet ◽  
Snowball Sampling ◽  
Internet Users ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

scholarly journals Economia da intrusão e modulação na internet | The economy of intrusion and modulation on the internet

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Sérgio Amadeu da Silveira
Keyword(s):  
Personal Data ◽  
The Internet ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Internet Users ◽  
The Right ◽  
Informational Economy ◽  
Conflictual Relationship

RESUMO O texto trata da economia da interceptação de dados pessoais, também denominada economia da intrusão, componente importante da economia informacional. Mostra a dinâmica da busca pelas atenções e a necessidade crescente da captura de dados pessoais com o objetivo de modular comportamentos e influenciar nas escolhas dos conectados. O texto indica a relação conflituosa entre o direito à privacidade e o mercado de venda de dados pessoais que avança na internet.Palavras-chave: Economia da Intrusão; Privacidade; Mercado de Dados Pessoais; Modulação; Internet.ABSTRACT This paper addresses the economy of personal data interception, also called the intrusion economy, an important component of the informational economy.  It shows the dynamics of attention-getting and the growing need to capture personal data aiming at modulating behaviour and influencing the choices of internet users. The paper points to the conflictual relationship between the right to privacy on one hand and the growing market for personal data on the other.Keywords: Intrusion Economy; Privacy; Market for Personal Data; Modulation; Internet. 

scholarly journals DISEMBODIMENT ON THE INTERNET AS A NEW FORM OF TECHNOLOGICAL SELF-ALIENATION (BASED ON THE STUDY OF STUDENTS OF HUMANITARIAN INSTITUTES OF HIGHER EDUCATION)

2021 ◽  
Vol 31 (2) ◽  
pp. 160-169
Author(s):  
N.V. Kopteva
Keyword(s):  
Higher Education ◽  
Interpersonal Communication ◽  
Information Technologies ◽  
Psychological Impact ◽  
The Body ◽  
The Internet ◽  
Virtual Self ◽  
Internet Users ◽  
Cyber Culture ◽  
Internet Environment

Phenomenon of disembodiment of users of information technologies in virtual reality, in particular as a special form of self-alienation, was already noted by the first representatives of cyber culture. However, psychologists have not properly analyzed it yet, perhaps, due to the usual peripheral position of the problem of disembodiment of a physical body in psychology. In the present study we continue to develop our theoretical and empirical construct of the Disembodiment on the Internet (N.V. Kopteva, A.Yu. Kalugin, L.Ya. Dorfman) as a psychological impact of the use of contemporary information technologies in areas related to self-alienation and alienation. The construct is based on the conception of unembodiment of the mental self from the body by a British psychiatrist R. Laing, which is considered to be one of the fundamental psychiatric conceptions of disembodiment of the physical self. R. Laing’s description of the ‘detachment’ of schizoids from their own body helps understand the specifics of existential positions of embodiment - disembodiment determined by sociocultural, technological factors and choices made by individuals themselves. Our study was performed on a sample of active Internet users - students of humanitarian institutes of higher education (aged from 17 to 25 years) - with the use of the Disembodiment on the Internet diagnostic procedure. We revealed groups that differentiated in the severity of disembodiment and created their psychological portraits according to patterns of disembodiment, which include experience of unbodiliness of the virtual self, incompleteness and secondariness of the technological way of being limited by the Internet environment and Internet addiction. We also empirically detected the effects of disembodiment on the alienation of students in different aspects of their life (from who they are, from their families, in interpersonal communication, from their studies and the society) ranging from ‘vegetativeness’ to adventurism.

Sign in / Sign up

Export Citation Format

Share Document