Terms of service as a ground for establishment of ownership to virtual property

2020 ◽  
pp. 62-67
Author(s):  
Kateryna Nekit
Keyword(s):  
Property Rights ◽  
Main Body ◽  
Virtual Property ◽  
Judicial Practice ◽  
Legal Nature ◽  
Service Agreement ◽  
The Right ◽  
Mixed Agreements ◽  
Legal Consequences ◽  
Problem Setting

Problem setting. Today, the use of numerous sites is allowed only with the consent of the user agreements (Terms of Service) offered by them. Most often, users tick them, which is tantamount to signing such agreements, without even reading. However, it turns out that in most cases, user agreements, which are essentially agreements between users and providers, are aimed only at securing the interests of providers and in fact impose significant restrictions on users without granting them any rights other than the right to use the service. In addition, providers create them in such a way as not to draw the attention of users to the presence of the contract in this relationship. Such agreements are generally placed as hyperlinks at the bottom of the page or are created as a step that the user must agree to during registration. On this basis, the question of the need to strengthen the protection of users’ rights as a weaker party to the contract, by analogy with consumer protection, is increasingly raised. Moreover, the possibility of considering a user agreement as a kind of contract is widely discussed. Analysis of recent researches and publications. Given the novelty of such a phenomenon as user agreement, today there are not many studies devoted to them, especially in domestic science. Among foreign researchers of the legal nature and specifics of user agreements can be mentioned K. Cornelius, L. Belli and J. Venturini, T. Romm, P. Randolph, M. Radin, A. Savelyev, N. Vlasova. Thus, there is a lack of domestic research on the legal nature of user agreements, so there is an urgent need for research in this area. Target of research is to study the legal nature of the user agreement and analyze the possibility of it to become a ground for legal relationships, in particular, a ground for establishment of ownership to virtual property. Article’s main body. The article analyzes the possibility of considering user agreements as potential grounds for the emergence of ownership to virtual property. The judicial practice to protect the rights of users of accounts and European approaches to the protection of user rights are analyzed in the article. The research data, which give grounds to speak about violation of user rights by user agreements are given. In turn, this gives reason to question the possibility of considering the user agreement as a kind of contract. However, the analysis performed allows us to conclude that it is possible to consider the user agreement as a mixed contract, which can potentially serve as a ground for the emergence of virtual property rights. Conclusions and prospects for the development. Terms of Service agreements should be considered as mixed agreements that contain elements of several agreements. In particular, in the context of the emergence of virtual property rights from such agreements, elements of the Terms of Service agreement should be distinguished, which determine the legal consequences for the virtual property created within the online platforms. In the doctrine, the concept of virtual property as a kind of property right is already quite common today, and this kind of right may well arise from the contract, which in this case may be the Terms of Service agreement. If the Terms of Service agreement is recognized as the ground for the emergence of virtual property rights, it is necessary to provide in it how the balance of interests of platform developers and users in relation to virtual property will be determined. Obviously, all the features of the implementation and protection of virtual property rights, cases of its restriction will be specified in the contract.

scholarly journals Protection of civil property rights in case of recognition of the contract as not concluded

2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Procedural Law ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law

scholarly journals Compensation of property damage caused to non-participants in criminal procedure in order of rehabilitation

2020 ◽  
pp. 221-230
Author(s):  
V. V. Muryleva-Kazak
Keyword(s):  
Property Rights ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Property Damage ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Right ◽  
Legal Entities

The article discusses the issue of the legal nature of the right to compensate harm, the effectiveness of usage of the criminal procedure mechanism for its protection and the reasonableness of the inclusion of relevant in the Criminal Procedure Code of the Russian Federation.Based on the analysis of judicial practice, it is concluded that the courts have difficulties in determining the appropriate way to protect the right to compensate harm caused in the course of criminal proceedings and the delineation of competence between arbitration courts and courts of general jurisdiction, which leads to a violation of the applicants’ right to access to justice and reduces the effectiveness of judicial protection.In addition, it is concluded that the criminal procedure form is not adapted to the consideration of civil disputes on compensation for harm, the author names the impossibility of collecting lost profits as one of the factors that reduce the effectiveness of the use of the criminal procedural mechanism for protecting property rights.Based on the interpretation of the criminal procedure rules provided in the article, the author concludes that legal entities have an opportunity to use criminal procedure remedies for violated property rights in more cases than individuals, which violates the principle of equality before the law and the court. The article provides ways to solve the identified problems.

scholarly journals ON THE QUESTION OF PERSONAL NON-PROPERTY RIGHTS UNDER CONDITIONS OF QUARANTINE MEASURES TO PREVENT THE DISTRIBUTION OF COVID-19 ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Inna Horislavska ◽  
◽  
Anastasiia Androshchuk ◽  
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Freedom Of Movement ◽  
Judicial Practice ◽  
The Social ◽  
Legal Nature ◽  
Fundamental Rights And Freedoms ◽  
The Right

Now the world countries ran into the sharp problem of overcoming and counteraction to distribution in the whole world of COVID-19, and also application of responsibility for violation of quarantine. It is set on results research, that the personal unproperty rights for citizens were exposed to rather significant limitations, in fact normatively-legal acts in relation to responsibility for violation of quarantine and sanitary rules for prevention of COVID-19 have a row of legal contradictions. In the article on the basis of analysis of current national legislation, considerations of cases and theoretical and legal sources are investigated effective mechanisms of the legal providing of requirements of observance of sanitary rules and norms on prevention of infectious diseases in Ukraine. The problems of determination of legal nature, maintenance and realization of the personal unproperty rights open up in the conditions of introduction of quarantine events on warning of COVID-19. The article describes the concept of "the right to freedom of movement". This right was and is now more than ever one of the fundamental personal moral rights. The article examines the judicial practice of resolving cases in the context of the introduction of quarantine measures and ensuring the fundamental rights and freedoms of an individual through the introduction of technical means and risks that may arise in appropriate conditions. Proposals to eliminate the shortcomings of legal regulation in the studied area are substantiated. Human rights and freedoms, the degree of their recognition in the state and society, the level of their protection are determined by the type of its socio-economic organization, as well as the degree of social development and democratization of society. Personal non-property rights that ensure the social existence of an individual, including the right to freedom of movement, are closely related, both those that can be limited at the legislative level under certain conditions, and those that are not "subject to" such restrictions. Therefore, restrictions on the freedom of movement of an individual are possible only in cases provided by the Constitution and the Civil Code of Ukraine, other laws (but not by-laws, which are the rulings of the Cabinet of Ministers of Ukraine). And also in compliance with the principles of expediency, proportionality to goals. It is necessary to determine the participants in the emerging legal relationship, both those who "control" and those participants who are "controlled, limited".

Voluntary Termination of Limited Property Rights to Residential Premises

2021 ◽  
Author(s):  
S.I. Suslova ◽  
◽  
N.V. Sheremeteva ◽  
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Court Decisions ◽  
Judicial Practice ◽  
Legal Literature ◽  
The Will ◽  
The Russian Federation ◽  
The Right ◽  
Legal Consequences ◽  
Voluntary Termination

The article describes the voluntary termination of property rights to residential premises. These are the features common to all restricted property rights to residential premises that determine the qualification of actions to waive these rights. Attention is drawn to the almost complete legislative regulation procedure absence for renouncing these rights, as well as the legal consequences that it entails. The authors conclude that the absence of provisions on refusal in the housing and civil legislation calls into question the fact that the will of the owner of a limited property right leads to its termination. The article analyzes the arguments expressed in the legal literature in favor of the need to obtain the consent of the owner to waive the limited property rights, justifies the inadmissibility of their use in relation to the limited property rights to residential premises, and illustrate the approach of the enforcement authorities, allowing the analogy of the law in waiving the right of a family member of the owner of the premises and of the legatee of the dwelling. According to the authors` opinion at the present time there is the lack of sufficient judicial practice on refusal in relation to the rent recipient. The authors criticize the application of Article 83 of the Housing Code of the Russian Federation, which regulates relations arising from the contract of residential premises social rental to relations in the sphere of limited property rights to residential premises. Attention is drawn to a small number of court decisions on the refusal of the annuity recipient`s subjective right.

scholarly journals Charakter prawny ograniczeń sposobu korzystania z nieruchomości w związku z ochroną zasobów środowiska – refleksje na temat art. 129 Prawa ochrony środowiska

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 185-198
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Environmental Law ◽  
Public Law ◽  
Environmental Resources ◽  
Legal Nature ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Right Of Property

The subject of the discussion is the legal nature of restrictions on the use of real estate in relation to the protection of environmental resources. Art. 129 of Environmental Law can have the effect that the use of a property or its part is impossible or substantially reduced. In doctrine, the dominant view is that such public-law interference in the right of property assumes the form of restriction referred to in Art. 64, par. 3 of the Constitution of the Republic of Poland. Another interpretation is also possible. Since the depth of the interference with property rights can lead to the effect that this property will become, as the Ombudsman has pointed out recently, “useless” to the owner, it would be reasonable to consider whether or not such property is de facto being expropriated. In such a case, the standard of constitutional control would be Art. 21, sec. 2.

scholarly journals LEGAL NATURE OF PROPERTY RIGHTS AND THEIR STATE REGISTRATION

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 183-191
Author(s):  
Ю. М. Щавинська
Keyword(s):  
Property Rights ◽  
Local Governments ◽  
Family Relations ◽  
Legal Protection ◽  
Legal Nature ◽  
Administrative Duty ◽  
State Organizations ◽  
State Registration ◽  
The Right ◽  
Legal Entities

The relevance of the article is that the property rights of citizens and businesses are not only the basis of Ukraine's economy - they are based on family relations, they are also the material basis of local governments and state organizations, institutions and enterprises. In other words, without their proper registration and protection, it is impossible to ensure any other sphere of public life. In Ukraine, some attention is paid to the legislative definition of property rights and the problem of their state registration. And if with the first part of the outlined, in our opinion, a certain harmony is reached, then the issue of protection of property rights in today's conditions is acute. Its violations, in particular raids on enterprises and other violations of the property rights of individuals and legal entities, although decreased in number, but such facts have not remained in the past. The leading instrument of administrative legal protection of property rights is the institution of state registration of property rights, which in today's conditions is undergoing a process of further transformation and improvement in the effectiveness of protection of the rights of property rights. The artіcle reveals and descrіbes the legal nature of property rіghts and theіr state regіstratіon. Thіs іs done on the basіs of the theory of natural law, the theory of admіnіstratіve law, the theory of cіvіl law, as well as domestіc legіslatіon. Іt іs proved that the legal nature of the state regіstratіon of real rіghts to іmmovable property іs that іn іts іmplementatіon there are specіfіc admіnіstratіve and legal relatіons of a protectіve nature. It is concluded that the legal nature of state registration of property rights to property rights is that in its implementation there are classic administrative and legal protection relations, which involve applicants or their authorized persons, usually private legal entities, and public ( public) registrars as subjects of power. The content of these relations is: 1) the subjective right of the applicant to receive a kind of public protection in formal form (security document) and in essence - to use the entire public apparatus of protection and state coercion in his case in case of violation of registered property rights; 2) the administrative duty of a special subject of public administration (registrar) is a public obligation to carry out such registration. In turn, the registrar has the right to demand from the applicant provided by the current legislation confirmation of ownership of the property rights submitted for registration. Legal facts in the analyzed area of administrative and legal relations are the entry in the register of decisions on state registration, which directly lead to a change or termination of legal relations. A separate line in this area should be noted administrative-legal, administrative-procedural and economic-procedural legal relations that arise when appealing the decisions of state registrars to refuse registration (registration) of property rights to administrative or (and) judicial authorities.

Problems of legal regulation of employee depression

2021 ◽  
pp. 30-34
Author(s):  
Julia BURNYAGINA
Keyword(s):  
Market Economy ◽  
Legal Regulation ◽  
Main Body ◽  
Socialist Society ◽  
Remuneration System ◽  
Bonus System ◽  
Pay System ◽  
The Right ◽  
To Receive ◽  
Problem Setting

Problem setting. When organizing an incentive-bonus system at the enterprise, along with determining the source of bonuses, indicators and conditions of bonuses, establishing the amount of bonuses and terms of bonuses, the grounds for depreciation of employees are established. Analysis of resent researches and publications. Most researchers who have studied bonuses have also paid attention to the problem of depressing employees. Among them A.Yu. Pasherstnik, O.D. Zaykin, S.S. Karinsky, R.Z. Livshits, OI Protsevsky, MI Kuchma, V.Ya. Gotz, P.D. Пилипенко, В.І. Prokopenko, VG Rotan and others. However, the problems that exist in this area determine the relevance of the topic, and their research - timely and practically necessary.Article’s main body. Due to the entry into the market economy, employers rejected almost everything that was proclaimed by the socialist society, although the principles of bonuses remained the same. If we look from the standpoint of compliance with the employee's right to timely and full payment, some approaches to bonuses should be found to violate the rights of the employee, especially the right to receive wages in full. We are talking about non-payment of bonuses for violation of labor discipline.Conclusions and prospects for the development. Each type of bonuses - conditioned and not conditioned by the system of remuneration - has its official purpose, which indicates its legal specificity. The bonuses set by the remuneration system include a clear system of guarantees for their payment, so they are more objective than other bonuses and meet the objectives of material incentives. Bonuses that are not determined by the pay system, leave more opportunities to encourage individual labor contributions of the employee, are more subjective.

Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

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 Legally Binding Relationships with Regard to Digital Objects of Civil Rights

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 21-31 ◽  
Author(s):  
O. S. Grin
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
General Rule ◽  
Point Of View ◽  
Digital Currency ◽  
Legal Nature ◽  
Digital Objects ◽  
The Law ◽  
The Right ◽  
Exclusive Right

The paper, based on the analysis of the legal nature of new digital objects of civil rights (digital rights, digital currency), makes conclusions concerning possible models of contractual relations arising from object’s data.The author relies on the fact that in relation to the category “a digital right” an independent object can be recognized only in connection with the peculiarities of the form of the object (the form in which the property rights are fixed) rather than its content. Token is seen as a technical concept. i.e. a digital way of fixing property rights. The paper substantiates that the retributive disposal of the digital right (both as a utilitarian digital right and a digital financial asset), according to which the digital right acquirer in order to transfer the right in question undertakes to pay a certain amount of money, under the general rule, should be qualified as a contract for the sale of a digital right. At the same time, in each case this also refers to the transfers the subject matter of which covers the transfer of a separate property right as an object of civil rights (cashless money, a book-entry security, a law of obligation (claims)) classified by law as a digital right.From the author’s point of view, digital currency in the system of objects of civil rights can be qualified only as “other property” in compliance with the the sui generis principle. It is concluded that transactions with digital currency should be classified as non-defined contracts. Contractual legal relations aimed at exchanging various objects for digital currency, in cases not contrary to the law, by analogy of the law, can be regulated under the rules applied to the contract of sale, the exclusive right alienation agreement or license agreement. Based on the special provisions of the law, a legally binding relationship regulating the digital currency, provided the tax authorities are not informed about such possession and transactions with such an object, has features of a natural obligation.

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