scholarly journals Provider risks connected with uncertainty in the legal nature of online games’ terms of use

2020 ◽  
Vol 1 (3) ◽  
pp. 21-39
Author(s):  
Maria A. Andrianova ◽  
Ellina V. Vlasenko
Keyword(s):  
Legal Status ◽  
Comparative Method ◽  
Self Regulation ◽  
Online Games ◽  
Legal Regime ◽  
Virtual Property ◽  
Legal Literature ◽  
Legal Nature ◽  
Research Goal

In the practice of the Russian courts, when creating an account in an online multiplayer game, any agreement concluded between the provider and the user seems to be covered by article 1062 of the Civil Code of the Russian Federation, which is why this topic is not subject to judicial examination. However, this approach is unlikely to be applied for much longer, as it does not stand up to criticism. It can only be interpreted as a court attempt to insulate itself from the issue of virtual property. This article is devoted to the consideration the key risks to a provider related to the uncertain legal status of an online games’ terms of use, particularly the prohibition to share a user’s account or login credentials with anyone and a user’s actual rights to virtual content associated with his account. To achieve the research goal, the authors review the legal literature and perform a case study in this area, use a comparative method to identify legislative approaches in different legal systems regarding a user’s rights to their account and the virtual content connected with it, and determine the aspects of the user agreement that obviously contain risks for the provider. As a result of the research, the authors conclude that online multiplayer games are a sphere that tends to self-regulate. Therefore, to the extent possible, the risk of imbalance between self-regulation capabilities and the need to avoid abuse of the current situation, both by providers and users, should be minimized. The main source of regulation for relations between providers and players remains an agreement between them, which can be qualified as a mixed contract. However, such a qualification carries a risk for the provider, due to the complexity of determining the consequences of using the agreement as a single document, which combines various goals, ranging from determining the amount of processing of a player’s data and to fixing the legal regime of a user’s account. Regarding prohibition to share a user’s account, the authors assume that, according to Russian legislation, the most appropriate path is to determine it as a prohibition of assignment to secure providers from the liability for protection of users’ data. The lack of special regulation in this area allows the provider, through the terms of use, to sidestep the potential risk of protecting the player’s copyright on virtual content associated with his account. The authors, however, suggest that using an analogue of the American “sweat of the brow” doctrine in user agreements can to a certain extent remove the provider’s risks associated with the players’ real rights to their in-game property.

scholarly journals THE EXPRESS WILL OF A PATIENT: TYPOLOGY BY NATURE OF ITS ORIGIN

2017 ◽  
Vol 1 (9) ◽  
pp. 78
Author(s):  
Liga Mazure
Keyword(s):  
Medical Treatment ◽  
Legal Status ◽  
Comparative Method ◽  
Civil Law ◽  
Classification Criteria ◽  
Regulatory Framework ◽  
Legal Practice ◽  
Historical Method ◽  
Legal Nature ◽  
Legal Consequences

The patient's express will, in accordance with the nature of its origin, could be categorized into initial and derivative express will. However, the regulatory framework is insufficient in Latvia, considering the significance of these institutes in the civil-law protection of the patient's express will and their specificity of different legal nature.The aim of the research is to carry out the analysis of the patient's express will types according to the nature of origin, to determine regulatory gaps and propose certain solutions for the elimination of the identified gaps. In order to achieve the aim, the following objectives are set: 1) to analyse the patient's express will classification according to various classification criteria; 2) to study legal nature of patient's consent; 3) to assess patient's refusal of a medical treatment and its legal consequences; 4) to analyse withdrawal by a patient as a derivative express will. The following research methods are applied in the paper: semantic method; grammatical method; historical method; comparative method; systemic method; teleological method. Research hypothesis: if all the patient’s express will types based on the nature of origin are regulated in detail, the legal status of a patient in medical treatment legal relations will be improved and stabilized. Literature, regulatory acts and legal practice materials are applied in the research as information resources.The author has developed the principles regarding the patient's express will types based on the nature of origin, which are in accordance with the legal system of Latvia and should be implemented in the regulatory framework, thus improving the civil law protection of patient's express will.

scholarly journals International Information Security in the Framework of International Law (Methodology, Theory)

2018 ◽  
Vol 5 (4) ◽  
pp. 9-16
Author(s):  
N I Kostenko
Keyword(s):  
Information Security ◽  
Legal Status ◽  
Information Warfare ◽  
International Treaties ◽  
Legal Regime ◽  
Legal Principles ◽  
Legal Nature ◽  
Logical Method ◽  
Basic Approaches ◽  
The Right

The aim of the study is to form basic approaches to formation and development of the law of international information security. The relevance of such an analysis is provided by the analysis of the legal nature of international information security. Examines the information component, which is an important component of international and national security. Explores the international information security management issues within the framework of the law of international law and of international information security in particular. Examines the problem of ensuring international information security on the improvement of the legal system of international information security. Analyses the legal nature of international information security in modern conditions. Explores approaches to the subject of education newly emerging branch of international law: the right of international information security. The work involves scientific and private scientific research methods, including analysis, synthesis, deductive, inductive, systematic methods, normative-logical method and other methods of cognition. In an article in a special way the role of information security at the international level and of ensuring international information security actors are the State, its bodies, legal entities and natural persons, who are required to carry out its activities in a specified direction. The novelty of the study is: firstly, the international information security is aimed at forming and ensuring international information security legal regime on the basis of the universally recognized principles and norms of international law and international treaties; secondly, international legal principles and norms regulating the legal status of the information space, usage of public persons, belong to the branch of international law: the right of international information security; thirdly, under the international information security understand global information system security from threats of «triad»- terrorist, kiberprestupnye and politico-military (under military-political threats means information warfare and information confrontation). Fourthly, the international information security is governed by universally recognized principles and norms of international law, international treaties of the Russian Federation and.

scholarly journals The Role of the Marshal of the Voivodship in the Protection of Travellers in the Event of the Insolvency of Tour Operators and Related Tourist Services

2020 ◽  
Vol 40 (1) ◽  
pp. 109-130
Author(s):  
Tomasz Brzezicki ◽  
Dorota Sylwestrzak
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Comparative Method ◽  
Eu Law ◽  
Effective Protection ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law ◽  
The Eu

The authors briefly present the issues of the protection of travellers in case of the insolvency of tour operators and related tourist services. The reflections are primarily focused on the analysis of the tasks of the Marshal of the Voivodship in this respect and their legal nature. The subject of the study is primarily to present the current legal status, the position of the judiciary, and a legal and comparative analysis of the EU regulations with Polish regulations. The analysis is carried out from the perspective of the legitimacy of entrusting these tasks to the Marshal of the Voivodship, and consequently ensuring the effective protection of travellers. The article uses the theoretical-dogmatic, historical, and legal-comparative method. The reflections are based on a comparison of selected institutions of law functioning in the system of Polish law and legal solutions in force in the EU law.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

When Culturally Significant Songs are Decontextualised: The Initiation Song Somagwaza, A Case Study

2018 ◽  
Vol 28 (2) ◽  
Author(s):  
T Dowling ◽  
Somikazi Deyi ◽  
Anele Gobodwana
Keyword(s):  
Qualitative Research ◽  
Comparative Method ◽  
Popular Song ◽  
Focus Group Discussions ◽  
Group Discussions ◽  
Ritual Music ◽  
Constant Comparative Method ◽  
Small Focus ◽  
Over Time

While there have been a number of studies on the decontextualisation and secularisation of traditional ritual music in America, Taiwan and other parts of the globe, very little has been written on the processes and transformations that South Africa’s indigenous ceremonial songs go through over time. This study was prompted by the authors’ interest in, and engagement with the Xhosa initiation song Somagwaza, which has been re-imagined as a popular song, but has also purportedly found its way into other religious spaces. In this article, we attempted to investigate the extent to which the song Somagwaza is still associated with the Xhosa initiation ritual and to analyse evidence of it being decontextualised and secularised in contemporary South Africa. Our methodology included an examination of the various academic treatments of the song, an analysis of the lyrics of a popular song, bearing the same name, holding small focus group discussions, and distributing questionnaires to speakers of isiXhosa on the topic of the song. The data gathered were analysed using the constant comparative method of analysing qualitative research.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

Problems and prerequisites for determining the legal regime preimplantation genetic diagnosis in Russian legislation

2019 ◽  
Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all ,
Keyword(s):  
In Vitro Fertilization ◽  
Preimplantation Genetic Diagnosis ◽  
Human Embryo ◽  
Legal Status ◽  
Genetic Diagnosis ◽  
Legal Regime ◽  
Vitro Fertilization

Сurrent problems and prerequisites for the formation of the legal regime of pre-implantation genetic diagnosis (PGD) are considered in Russian legislation with account the existing approaches to determining the legal status of a “pre-implantation” embryo obtained in the framework of the in vitro fertilization procedure (IVF) are discussed. The authors substantiates the conclusion that it is necessary to legally determine PGD as one of the stages of using IVF, as well as establishing generally binding requirements for the procedure, conditions and features of this diagnosis, taking into account the need to minimize the damage caused to the human embryo.

Prohibition, Legalization, and Political Consumerism

2018 ◽  
pp. 740-769 ◽  
Author(s):  
Elizabeth A. Bennett
Keyword(s):  
Social Movements ◽  
Legal Status ◽  
Ethical Issues ◽  
Drug Control ◽  
Psychoactive Substance ◽  
Political Consumerism ◽  
Control Laws ◽  
The Past ◽  
The Us

Cannabis (marijuana) is the most commonly consumed, universally produced, and frequently trafficked psychoactive substance prohibited under international drug control laws. Yet, several countries have recently moved toward legalization. In these places, the legal status of cannabis is complex, especially because illegal markets persist. This chapter explores the ways in which a sector’s legal status interacts with political consumerism. The analysis draws on a case study of political consumerism in the US and Canadian cannabis markets over the past two decades as both countries moved toward legalization. It finds that the goals, tactics, and leadership of political consumerism activities changed as the sector’s legal status shifted. Thus prohibition, semilegalization, and new legality may present special challenges to political consumerism, such as silencing producers, confusing consumers, deterring social movements, and discouraging discourse about ethical issues. The chapter concludes that political consumerism and legal status may have deep import for one another.

scholarly journals Public Green Space Policy Implementation: A Case Study of Krakow, Poland

2021 ◽  
Vol 13 (2) ◽  
pp. 538
Author(s):  
Anita Kwartnik-Pruc ◽  
Anna Trembecka
Keyword(s):  
Legal Status ◽  
Green Space ◽  
Sustainable Urban Development ◽  
Original Research ◽  
Space Policy ◽  
The Public ◽  
Central Statistical ◽  
Central Statistical Office ◽  
Public Green Space

Green space is essential for the implementation of the idea of sustainable urban development. This paper contains original research on the implementation of local government tasks in the development of public green space. The aim of this research was to analyse the actions taken by the municipal authorities regarding the development of public green space, including the acquisition of real properties, the regulation of their legal status, as well as the adoption of planning and programme documents. The Polish Central Statistical Office data on the public green space of the largest cities in Poland were analysed in order to determine the dynamics of changes. Then, the focus was placed on Krakow, where the authors analysed in detail the distribution and type of urban green space as well as the actions taken by the Municipality to both extend it and to protect it against building development. The criterion of green space accessibility to city residents was indicated as a necessary aspect to be considered in the overall assessment of the existing greenery. The conclusions include the assessment of the actions of the Krakow authorities and the observed trends in the development of public green space.

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