THE CATEGORY OF "INTANGIBLE BENEFITS" AND SCIENTIFIC APPROACHES TO ITS LEGAL SUBSTANCE

2021 ◽  
pp. 36-45
Author(s):  
Nadezhda V. Aleksandrova
Keyword(s):  
Property Rights ◽  
Personal Data ◽  
Legal Protection ◽  
Point Of View ◽  
Personal Privacy ◽  
Legal Concept ◽  
Research Attention ◽  
Intangible Benefits ◽  
The One ◽  
Definition Of

The article examines the existing scientific approaches to the category of "intangible benefits", at the same time it compares the content of this concept with the term "personal non-property rights". The relevance of the theme is beyond doubt, since intangible benefits are protected from encroachments specifically by recovery of compensation for moral injury. This institution provides for the possibility of compensation for non-material damage, in practice, the most widely used method is the one that involves action demand with a statement of claim. Consequently, there is an obvious need to study the issues of legal protection and protection of intangible benefits from the point of view of the analysis of judicial and law enforcement practice. The purpose of the study is to analyze the definition of "intangible benefits" formalized in civil legislation and to identify the non-mandatory beginnings of its practical application in civil circulation. The methodological basis was the comparative law, formal legal, logical, dialectical and other methods of scientific research. Attention is drawn to certain elements of intangible benefits – personal inviolability, personal privacy and inviolability of the home, personal data, business reputation, etc. Much attention is paid to disclosing the scientific and legal concept of intangible goods, as a result of which the author comes to the conclusion that it is impossible to unambiguously understand the substance of intangible goods, in connection with which various approaches are proposed to understanding and disclosing the content of the desired category of "intangible goods" in the Russian civil law. Improving the regulatory framework which regulates the protection of non-property rights of legal entities should be considered one of the goals in the development of modern civil legislation.

Understanding functional illiteracy from a policy, adult education, and cognition point of view: Towards a joint referent framework

2019 ◽  
Vol 30 (2) ◽  
pp. 109-122
Author(s):  
Aleksandar Bulajić ◽  
Miomir Despotović ◽  
Thomas Lachmann
Keyword(s):  
Adult Education ◽  
Operational Definition ◽  
Literacy Skills ◽  
Point Of View ◽  
Industrialized Countries ◽  
Functional Illiteracy ◽  
Scale Levels ◽  
Components Of Reading ◽  
The One ◽  
Definition Of

Abstract. The article discusses the emergence of a functional literacy construct and the rediscovery of illiteracy in industrialized countries during the second half of the 20th century. It offers a short explanation of how the construct evolved over time. In addition, it explores how functional (il)literacy is conceived differently by research discourses of cognitive and neural studies, on the one hand, and by prescriptive and normative international policy documents and adult education, on the other hand. Furthermore, it analyses how literacy skills surveys such as the Level One Study (leo.) or the PIAAC may help to bridge the gap between cognitive and more practical and educational approaches to literacy, the goal being to place the functional illiteracy (FI) construct within its existing scale levels. It also sheds more light on the way in which FI can be perceived in terms of different cognitive processes and underlying components of reading. By building on the previous work of other authors and previous definitions, the article brings together different views of FI and offers a perspective for a needed operational definition of the concept, which would be an appropriate reference point for future educational, political, and scientific utilization.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

The Impact of Data Protection Regulations on Start-Up Enterprises

2021 ◽  
pp. 120-133
Author(s):  
Cumhur Boyacioglu ◽  
Orkun Yıldız
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Legal Protection ◽  
Extended Period ◽  
Legal Form ◽  
Legal Traditions ◽  
Legal Problems ◽  
Start Up ◽  
The One

Information is vital for enterprises. However, the usage of information uniquely personal data leads to various legal problems. On the one side, enterprises require free and unlimited usage of personal data as much as possible for their continuity and progression. On the other side, natural and legal persons seek legal protection regarding their personal information or market position. It is challenging to find a fair and reasonable balance that can last for an extended period in such a dynamic field. This article evaluates the general tendencies concerning data usage, sharing, and protection problems considering Start-Up enterprises' situation aside from their legal form. The problems mainly arise in the fields of data protection and unfair competition. Some of the legal problems are also related to intellectual property. Instead of trying to find general and local solutions, it seems more useful to seek and find solutions that shall take the interests of various enterprises and companies from diverse sectors and legal traditions employing good practices. Of course, it is not very easy to reach solutions that will be accepted by all the related parties. The legal solutions should not constraint Start-Up enterprises' innovative progress, as well as meeting related parties' protection and fair trade expectations. Otherwise, privacy violations and abuse of competition will be inevitable.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

Toward a frame-semantic definition of sound-symbolic words: A collocational analysis of Japanese mimetics

2012 ◽  
Vol 23 (1) ◽  
pp. 67-90 ◽  
Author(s):  
Kimi Akita,
Keyword(s):  
Empirical Evidence ◽  
Quantitative Method ◽  
Point Of View ◽  
Restricted Range ◽  
Challenging Problem ◽  
General Frame ◽  
Semantic Point ◽  
The One ◽  
Definition Of ◽  
Semantic Definition

AbstractThis article presents empirical evidence of the high referential specificity of sound-symbolic words, based on a FrameNet-aided analysis of collocational data of Japanese mimetics. The definition of mimetics, particularly their semantic definition, has been crosslinguistically the most challenging problem in the literature, and different researchers have used different adjectives (most notably, “vivid,” since Doke 1935) to describe their semantic peculiarity. The present study approaches this longstanding issue from a frame-semantic point of view combined with a quantitative method. It was found that mimetic manner adverbials generally form a frame-semantically restricted range of verbal/nominal collocations than non-mimetic ones. Each mimetic can thus be considered to evoke a highly specific frame, which elaborates the general frame evoked by its typical host predicate and contains a highly limited set of frame elements, which correlate and constrain one another. This conclusion serves as a unified account of previously reported phenomena concerning mimetics, including the lack of hyponymy, the one-mimetic-per-clause restriction, and unparaphrasability. This study can be also viewed as a methodological proposal for the measurement of frame specificity, which supplements bottom-up linguistic tests.

scholarly journals Protecting the Right to Privacy in China

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

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

scholarly journals JUSTICE IN MODERN RUSSIA: THE CONCEPT AND FEATURES

2018 ◽  
Vol 22 (4) ◽  
pp. 527-546
Author(s):  
Olga V Pankova
Keyword(s):  
Intrinsic Property ◽  
Subject Area ◽  
The State ◽  
Point Of View ◽  
General Definition ◽  
Judicial Reform ◽  
State Activity ◽  
Judicial Procedures ◽  
The One ◽  
Definition Of

The article reveals the essential characteristics of justice as a specific type of state activity; identifies the main features of justice that distinguish it, on the one hand, from other types of state activity, and on the other - from other types of judicial activity. The purpose of this article is to identify and analyze the features of justice in its modern sense. The versatility of this legal category as an ambivalent definition is reflected in its various characteristics, through the consideration of which the most general definition of justice is formulated in the work. The methodological basis of the article is the modern achievements of the theory of knowledge. In the course of research theoretical, General philosophical (dialectics, system method, analysis, synthesis, deduction), traditional legal methods (formal-logical) were applied. Turning to the question of the characteristics of justice, the author touches upon the problem of its broad and narrow understanding due to the increasing role of mediation, conciliation and arbitration as alternative forms of resolution of legal conflicts, as well as in connection with the empowerment of certain state bodies of jurisdictional powers, and concludes that, unlike a number of foreign countries, justice in Russia can be carried out only by state courts. Of considerable interest is also the study of the subject area of justice, which is related to the situation of legal conflict. In this context, the author's analysis of the concept of "legal conflict" and his proposed differentiation of such conflicts into types with subsequent consideration of each of them is quite legitimate. In the context of the formation of the new Russian statehood, the arbitration sign of justice acquired a different sound, which is considered in the work from the standpoint of the special jurisdictional procedural activity of the court and the situational nature of justice. Since the beginning of the modern judicial reform, objective changes in the activities of the courts associated with the emergence of simplified and writ proceedings that have simplified the procedure for the consideration and resolution of certain categories of administrative and civil cases, as well as the allocation of jurisdictional powers to other state bodies that are not part of the judiciary, but use quasi-judicial procedures, i.e. almost judicial procedures as close as possible to them, have significantly changed the attitude to the procedural form of justice, which has lost its former importance. In this regard, the author substantiates the point of view that nowadays in order to determine the qualitative nature of the jurisdictional bodies, it is necessary to identify, in particular, the distinctive features in each of the procedural forms. Revealing in more detail the content of methods and means of justice, the author touches upon the problem of correlation of this legal category with justice and on the basis of the analysis of different points of view comes to the conclusion that these concepts can not be considered as legal phenomena that coincide in whole or in part. Justice is rather an intrinsic property of justice, contributing to its perception as a social and legal value. As one of the most important signs of justice in the work is considered the state-power nature and reliability of judicial decisions, the execution of which involves the suppression of the will (freedom) or material deprivation of one of the parties with the use in certain cases of power and force of the state. In this regard, some attention is paid to the characterization of the binding nature of the judgment as one of its essential properties. Examining justice as categories which help to reveal the contents and legal merits of this form of state activity, in the definition of the given concept into a single, unified definition.

scholarly journals SEMANTICS OF THE VERBALITY ЖИТЬ IN RUSSIAN DIALECTS OF UDMURTIA

2021 ◽  
Vol 31 (2) ◽  
pp. 230-235
Author(s):  
E.A. Zhdanova
Keyword(s):  
Point Of View ◽  
The Other ◽  
Semantic Features ◽  
Literary Language ◽  
Historical Information ◽  
Lexical Semantic ◽  
Other Hand ◽  
The One ◽  
Definition Of

The article is devoted to the analysis of semantic features that are noted in the verb жить in Russian dialects of Udmurtia. As the analysis of the material of the corpus of Russian dialects of Udmurtia showed, this verb is found in contexts indicating values different from those known in the literary language. In connection with the need to clarify the layout of the corpus and create a dictionary of Russian dialects in Udmurtia, a definition of the semantics of this verb is required. The semantic features of a dialect word can be established both by linguistic factors: the syntactic role and lexical compatibility, as well as extralinguistic factors: the range of specific uses of the verb, historical information about the settlement of this territory, religious and ideological features of dialect speakers. For analysis, material from various lexicographic sources, as well as etymological information, was used. As a result of the study, an idea about the possibility of double interpretation of the semantics of the analyzed dialect word was formed: on the one hand, from the point of view of its implementation in dialect, as a syncretic unit, on the other hand, from the point of view of its lexicographic representation, as a set of lexical-semantic variants.

The Role of Religious Experiences and Religious Institutions: Comparing Peter L. Berger’s and Hans Joas’ Approach to Religion

2021 ◽  
pp. 1-21
Author(s):  
Isaak Deman
Keyword(s):  
Human Person ◽  
Sociology Of Religion ◽  
Point Of View ◽  
Religious Institutions ◽  
Religious Experiences ◽  
Similar Path ◽  
The One ◽  
Definition Of ◽  
Theoretical Foundations

Abstract Hans Joas (born 1948) has repeatedly criticized Peter L. Berger (1929–2017) for placing religious experiences in the cognitive realm, where it runs the risk of being “contaminated” by secularization and pluralism. Instead, Joas has proposed to locate religious experiences in the “deeper layers” of the human person, where it is protected against mere cognitive reductionism and against contamination by secularization and pluralism. Despite his critique, Joas follows a similar path of Berger, as he explains the phenomenon of religion from an inductive point of view that originates in the experiential realm. This article demonstrates how Joas’ approach operates on a similar methodology like the one of Berger and ultimately results in similar theoretical conclusions despite their differing theoretical foundations. Moreover, this article illuminates an implicit methodological similarity between Joas and Berger that, on the one hand, differs from one of the taken-for-granted methodologies in the discipline of sociology (of religion), and, on the other hand, strongly influences the disposition of religious institutions in their definition of religion.

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