Personal image: introduction to legal discourse

2021 ◽  
pp. 117-123
Author(s):  
Karolina Karbovska

Problem setting. Intensive development of public relations, digitalization and commercialization of new spheres of life, growing popularity of the media sphere necessitates civil protection not only the privacy of individuals who are popular and recognizable, but also their right to publicity, which is directly related to lawful use of intangible benefits that belong to a person and shape his image. Analysis of recent researches and publications. Among the world's most prominent researchers of image as a social phenomenon are R. Burns, I. Hoffman, W. James, J. Rotter, L. Holl, and others. Domestic studies of image are represented by the works of Atamanskaya K.I., Barny N.V., Krynychna I.P., Lavrentiya A.S., Palekha Y.I., Panteleychuk I.V., Fedoriva T.V., Shcherbak N. V. and other representatives of various social sciences. The purpose of the article is to outline general scientific approaches to defining the concept of image, distinguishing it from related concepts and identifying promising areas of civil law research of image. Article’s main body. The concept of image is more often used in the information space, which leads to an increase in public demand for the legal definition of this concept and the settlement of issues related to the protection of the image of both individuals and legal entities. Image is the object of study of various branches of social science and studied by them in a variety of manifestations and aspects. Based on the analysis of a number of approaches to image definition by representatives of various sciences, it can be concluded that image considered as: (a) a communication tool that is a manipulative technology to influence public consciousness; (b) marketing tool to promote goods, works and services; (c) the external and psychological image of the public person through which society identifies him as an individual. Considering the image of an individual from the standpoint of a systematic approach, in particular a multilevel set of different components - personal intangible assets, we believe that reputation is an element of the image of an individual and should be considered as its structural component. From the standpoint of interdisciplinary research, the concepts of image and personal brand should be considered as synonymous, from a legal point of view, despite their similarity, they are formed by different objects of civil rights, although within the protection of the individual's right to protection and personal brand. Conclusions and prospects for the development. In view of the above, it can be concluded that the image of an individual is a complex, interdisciplinary concept. It is a holistic, stable image of a particular person that exists in society, and is characterized by the indivisibility of its external and internal characteristics, the corresponding personal, professional and social qualities. The constituent legal elements of the image are (a) personal intangible assets: the right to a name, the right to an image, the right to individuality, personal reputation; (b) objects of intellectual property rights: means of personalization: personal brand, trademark, trade name and others.

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.


2020 ◽  
pp. 178-189 ◽  
Author(s):  
M. V. Terskikh

The article is devoted to the study of the features of the social network Instagram as a communication platform for positioning and promoting goods and services, forming a personal brand. The relevance of the study is determined by a number of factors. The decrease in the popularity and effectiveness of traditional advertising tools and public relations, on the one hand, the growing popularity of various social networks as a modern marketing tool, the high level of involvement of the social media audience, the increasing orientation towards visual content while maintaining the importance of SMM text, on the other hand, has turned Instagram into the space of various marketing innovations and an interesting object of study. The author considers the main forms of information transmission offered by Instagram (post-publications, stories, live broadcasts, IGTV format), as well as the main types of positioning content, which ensures high audience engagement and the effectiveness of selling texts. Special attention is paid to the role of visual content. The advantages of non-verbal presentation of information, the specifics of interaction with the verbal component of the SMM text are considered. The material for the study was the polycode texts of a successfully developing, offering a variety of selling content for the Instagram account of the clothing brand 12Storeez (publications from 2019-2020 were considered). As a result of the analysis, the author identifies the main features of the modern SMM text, forms and functions of the most common types of content.


2018 ◽  
Vol 81 (2) ◽  
pp. 55-65
Author(s):  
Y. I. Chalyi

The author has studied the features of educational service as an object of civil rights. It has been noted that social benefits should not be understood as the object of civil rights, as some researchers insist on, the object of civil rights must be perceived as a legal behavior of the participants in legal relations. The main argument in favor of such a conclusion is the indication that the right as a regulator of public relations can affect only the volitional conduct of the participants, but not directly the benefits. The benefits are not capable of perceiving the legal requirements of legislative acts or contracts. Consequently, the educational service should be regarded as the legal behavior of the provider of this service, aimed at forming certain social qualities of the subject of educational influence. Behavior of educational services’ providers is a series of interrelated and purposeful acts of conduct (operation), and when such operational actions are carried out over a long period of time, they become the nature of activity. The legal form of providing educational services is a contractual obligation. The object of such binding legal relations is the requirement of the customer of the educational service in relation to the execution of the relevant subject actions by the provider and the subsequent positive reaction of the latter to the fulfillment of his duty. The object of the considered legal relations and the object of the subjective right of the customer of the educational service, according to the author of the article, coincide in their volume. It has been emphasized that the providers of educational services cannot have civil and legal obligation to guarantee the effectiveness of training, since the achievement of such an effect depends on the intellectual capacity of the subject of training and other factors. The eligibility criteria for the performance of educational services are regulatory requirements that determine the content of a particular level of education, the volume and sequence of teaching disciplines, etc. Based on this, one of the features of educational services is the implementation of public control over the compliance of the substantive conduct of the providers of such services with the requirements of the law.


Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 21-31 ◽  
Author(s):  
O. S. Grin

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.


Author(s):  
Artem Repyev

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.


Author(s):  
Dmytro Oltarzhevskyi

Lately, a special attention has been paid to business socialization development as a very important aspect of the activity. Business activity relates not only to manufacturing material values or commodity exchange, but also to achievement of socially meaningful objectives and spreading universal values. It is through dialogue between the people and business, the company is finding its place in the general system of moral and spiritual values, adapts to the conditions of the social environment and creates favourable relations with it. So far, the processes of socialization of business were considered mainly from the point of view of management. The purpose of this research is to explicate the concept of business socialization in the view of its social and communicative nature. By means of systematization, generalization, structural-functional description and other methods of analysis of theoretical sources, the reflection of the notion of business socialization is considered. The connection with the principles of corporate social responsibility, scientific and practical approaches in the field of corporate communications and public relations is determined. Besides, the role and specificity of communications, features of the use of modern communication channels in the processes of business socialization are determined in the study. It is concluded that the concept of socialization of business should be considered from the standpoint of social communications as a kind of public relations, connected with the formation of public opinion and the harmonization of social relations. Socialization occurs during the interaction of business with a society through the systematic implementation of the principles of CSR in the strategy of development of companies. Communications in this context are seen as a system process, a tool for dialogue with the public environment and as a reputation management. In the future, the vector of socialization should complement and deepen the traditional understanding of PR-activities. As a communication tool and image management, socialization of business must become a leverage, capable of changing the internal motivation of business, influencing its strategy, focusing on the true material and spiritual needs of society.


2018 ◽  
Vol 11 (3) ◽  
pp. 307
Author(s):  
Faiq Tobroni

ABSTRAKAdanya pandangan hukum diametral tidak bisa dihindari dalam penegakan hukum. Sebagai contoh terdapat dalam Putusan Nomor 0156/Pdt.P/2013/PA.JS. Kasus ini dianalisis dengan mempertimbangkan pandangan hukum diametral. Penelitian ini mempunyai rumusan masalah apakah asas hukum yang terefleksikan dari pertimbangan hukum yang dikonstruksikan hakim untuk menyikapi hak keperdataan anak hasil hubungan gelap, serta bagaimana kasus tersebut ditinjau dari asas tersebut? Penelitian ini menggunakan metode penelitian hukum normative. Pertimbangan hukum dalam Putusan Nomor 0156/Pdt.P/2013/PA.JS menunjukkan adanya penerapan asas proporsionalitas. Penerapan asas tersebut direfleksikan dari pertimbangan hukum yang mengkompromikan semangat liberalisasi dan pembatasan hak keperdataan. Semangat liberalisasi berakar pada kemutlakan hak asasi manusia yang didukung pandangan universalisme hak asasi manusia. Sementara semangat pembatasan berakar pada sakralitas munakahat Islam yang didukung pandangan relativisme hak asasi manusia. Dengan asas tersebut, majelis hakim menyetujui beberapa hak keperdataan yang termasuk hak sakral dalam munakahat Islam. Solusinya, majelis hakim hanya memberikan hak pemenuhan kebutuhan hidup dan wasiat wajibah kepada anak hasil hubungan gelap. Putusan dan pertimbangan hukum tersebut memenuhi empat indikator asas proporsionalitas sebagai moderasi pandangan hukum diametral, yaitu: necessity, legitimate goal of law, rational achievement, dan balancing.Kata kunci: asas proporsionalitas, hak keperdataan, hak asasi manusia, munakahat Islam, anak hasil hubungan gelap. ABSTRACTThe application of a diametric legal view cannot be avoided in law enforcement. For an example, the case of Court Decision Number 0156/Pdt.P/2013/PA.JS. This case is analyzed by considering the diametric legal point of view. This research problem statement is that what kind of legal principle reflected in the legal considerations of judges in order to address the civil rights of extramarital children and how the case is viewed from principles? This study uses normative legal research methods. Legal considerations in Court Decision Number 0156/Pdt.P/2013/PA.JS indicates the application of proportionality principle. Application of this principle is reflected from the legal considerations that compromise the spirit of liberalization and restriction of civil rights. The spirit of liberalization is rooted in the absolution of human rights supported by universalism view of human rights. Meanwhile, the spirit of restrictions is rooted in the sacredness of munakahat Islam, which is supported by the relativism of human rights. With this principle, the panel of judges approved several civil rights, including sacred rights in munakahat Islam. As a solution, the panel of judges only provide the right to fulfill the necessities of life and the obligatory will to the extramarital children. These judgements and legal considerations fulfill the four indicators of proportionality principle moderating the perspectives of diametric law, namely necessity, legitimate goals of law, rational achievement, and balancing.Keywords: proportionality principle, civil rights, human rights, munakahat Islam, extramarital children.


2020 ◽  
Vol 74 ◽  
pp. 01005
Author(s):  
Lubica Gajanova ◽  
Margareta Nadanyiova

According to statistics, the number of Slovaks who shop over the Internet is increasing year by year. Compared to the surrounding countries, Slovaks are clearly the leaders in online shopping. Increasing popularity of customers in online shopping leads to a significant decline in number of retail stores. This is a consequence of global technological change. However, businesses and especially retailers themselves can benefit from technological advances in this case as well. All you have to do is choose the right marketing tool. Such tools are undoubtedly the tools of proximity marketing that are used as a communication channel in retail stores. In this paper, we focus on proximity marketing tools that provide a means of creating a personal relationship between a customer and a vendor at the time of physical purchase by a customer in a store. Its aim is to support and increase sales in retail stores, increase consumer satisfaction and build a positive brand image. The aim of the paper is to analyse the possibility of using proximity marketing for Slovak consumers as one of the possibilities of reshaping of the retail environment. This analysis will be realized from demographic and also from psychographic point of view.


2021 ◽  
pp. 96-103
Author(s):  
Svetlana Kachurova ◽  
Eugene Kachurov ◽  
Yuriy Pokhodzilo

Problem setting. Consciously or unconsciously, but being not so much psychologists or sociologists, how many political technologists, supporters of this concept mythologizing nature as consciousness in general, and its national form in particular. In view of this, the purpose of this article is revealed due to a decrease in the degree of social tension, which is generated by such myths. For its achievement, the experience of German classical philosophy is used. Article’s main body. The article investigates the thesis regarding the consolidation of modern wars, which is relevant in the present conditions. It is emphasized that the creators and supporters of this concept claim precisely about the war on defeat (destruction) of consciousness. It is emphasized that an excellent characteristic is the controversial nature of such conflicts – the fact that they are confronting one of all. In the course of the study, it was found that the interpretation of these wars, as not having a particular opponent (without an enemy), really has the right to exist, but not in the conditions of modernity, but according to world history. Conclusion. The modern war is really conducted, only not at the level of consciousness (the most difficult ones, as we have seen, shaped spirit). It is carried out at a level slightly below consciousness. This should finally recognize it. It is not about a consolidate, namely subconcscription (in the skyline of the subconscious) war. In our point of view, the thesis that “there is no obvious opponents in the conscientious wars,” in essence is absolutely correct. Two and a half thousand years ago, precisely from the Greeks, it is precisely with the appearance of the phenomenon of consciousness (in the sense of realizing the absolute identity of inaccurate thinking and being) the true history of mankind began. It is very indicative that in addition to the word “allate - truth” in their thinking was born his double, the word “story” appeared in the Greeks


2019 ◽  
Vol 3 (2) ◽  
pp. 25-36
Author(s):  
Abd Hamid Wahid ◽  
Istianatul Hasanah

This paper presents the strengthening of public relations ethics through the reorientation of public relations in Islamic educational institutions, where public relations has an important role in managerial activities in Islamic educational institutions. In its implementation, the role of public relations in Islamic educational institutions is still underestimated and lacks the right portion in its application. PR is only understood as a complementary administration in practice, thus causing educational institutions unable to manage good relations with the surrounding community as partners. This study uses a qualitative approach to the type of library research, where researchers want to clearly describe the object of study to be studied. Analysis of the data uses content analysis. The results of the study indicate that the reorientation of public relations in Islamic educational institutions must be based on; First, qaulan sadidan, Islamic educational institutions must convey factual and reliable information; Second, qaulan baligha, Islamic educational institutions communicate effectively, communicatively and easily understood; Third, qaulan ma’rufa, the communication process should avoid words that can offend partners / customers; Fourth, qoulan karima, public relations activities must respect partners, listen to aspirations and promote ethics; Fifth, Qaulan Layyina, public relations must be a friendship and friendship dissertation; Sixth, qaulan maysura, Islamic educational institutions must convey information that is easily understood and digested by the communicant. 


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