Diplomatic Materials of the sixteenth century as a Source of Political Thought in the Successor States of the Golden Horde (To the Formulation of a Research Problem)

Objective: To study the monuments of diplomatic correspondence from the sixteenth century as a source of political thought in the successor states of the Golden Horde. Research materials: The messages of Crimean khans, sultans, representatives of ruling groups, Nogai beks and mirzas preserved in translated copies in the ambassadorial books of the Muscovite state. Novelty of the research: For the first time ever, the diplomatic documents of the Crimean khanate and the Nogai Horde are involved in the reconstruction of their period’s corpus of political ideas. Considering the question of the authorship of messages, we proceed with the concept of S.M. Kashtanov about “technical authorship”, in which the authorship is understood as the collective work of rulers, courtiers, bureaucrats, and technical workers on the creation of a letter. Research results: The application of the concept of “corporate authorship” has made it possible to show that diplomatic messages were always a product of some convention possible within the elite that were involved in the development of foreign policy. Translators played an important role in shaping the political language. The messages of the khans, sultans, beks, and mirzas of the successor states of the Golden Horde contain some ideas that can help us to outline the political ideology. Central to it is the thesis of the exclusive right to power of the Chinggisids who could get power only with the general consent of the “political people”. “Evil” and “good” were the most important concepts of thought in the successor states. “Evil” was understood as any change in the established order, and “good” as its preservation. Thus, conservatism and the desire to fix the rituals of power and management practices that had developed earlier in the era of the Golden Horde were the most important concepts for political life in the successor states. This attitude led to the preservation of earlier concepts and terminological language, something which was reflected in the practice of diplomacy when the elusive reality of former power influenced ambassadorial ceremony and the form of messages.

IDEAL SHARE IN EXCLUSIVE COPYRIGHT: UTOPIA OR REALITY?

The article discusses the problem of allocating ideal shares in exclusive copyright. The legal and dogmatic design of exclusive rights allows you to establish not only a joint, but also share right and this is fully consistent with the stimulating function of exclusive rights. The paper analyzes various theoretical models of exclusive right, and concludes that the lack of ideal shares in exclusive right becomes a stumbling block for commercializing the results of intellectual activity and leads to paralysis of civil turnover.

Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection

Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right

Issues on intellectual property as a jointly acquired property

Jointly acquired property is property obtained during the marriage of a husband and wife generated from their collective resources or efforts. However, in this era of digitilization, the cases on jointly acquired property has changed from a physical property to an intellectual property. Therefore, the cases on jointly acquired property should also include matters related to intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife, this property can be contested by a third party. In fact, a fatwa (Islamic legal ruling) in Kelantan has legalize such application. As a consequence of this issue, this research aims to study the concept of intellectual property in term of jointly acquired property and analyze the issue of intellectual property according to Islamic and legal perspective. This study is a qualitative research with data collection done through library research particularly referring to classical books and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa in Kelantan and jointly acquired property cases in Syariah Court. Content analysis approach has been applied in data analysis process.

UPORABNI MODEL KAO NOVI OBLIK ZAŠTITE IZUMA

The utility model is a new form for the protection of inventions introduced in the Croatian law by the Patent Act of 2020. It entitles the utility model owner to exclusive right to use and dispose of the invention that is the subject of protection from the date of publication of the utility model registration. The utility model protection validity is ten years from the date of submission of the utility model application, with the payment of the annual maintenance fee. The utility model registration procedure is initiated by a special application. The State Intellectual Property Office examines its conformity with the law and does not examine the novelty, inventive step and industrial applicability of the invention. It does not compose the search report of the state of the art. Certain inventions cannot be protected by the utility model. The Patent Act allows branching off a utility model application from a patent application for the same invention. It also allows conversion of the patent application to a utility model application and vice versa. The utility model owner may request a full examination of the protected invention by the State Intellectual Property Office and conversion of the utility model into a patent. This request may be submitted no later than the end of the seventh year of the validity of the utility model protection. Third parties may request the declaration of nullity of the utility model during the whole period of its validity. The utility model owner is not entitled to sue the persons who infringe his exclusive rights.

Fishing

The chapter describes Sami fishing in interior lakes, streams, and rivers in detail. Fishing has specific characteristics for various species and seasons. The waters in interior Fennoscandia generally are considered low in productivity, but waters in the two regions, forest and mountains, differ. The main argument put forward is that users who had access to rivers, lakes, and streams in the boreal forest had better possibilities to create a livelihood based on fishing compared to those who lived in or closer to the mountains. To create social and economic stability for the household, fishing was organized as an exclusive right, resembling private property. At the end of the early modern period, these areas became smaller and it became harder to survive on fishing.

The Right of Regional Legislative Initiative of Local Self-Government Bodies: Content and Implementation Features (On the Example of the Novosibirsk Region)

The article discusses the concept and content of the right of legislative initiative of local self-government bodies in the legislative (representative) body of State power of the constituent entity of the Russian Federation, as well as the peculiarities of the exercise of this right by representative bodies of municipalities in Novosibirsk oblast. It has been concluded that the municipal representative body has both the general right of legislative initiative, which gives it the legal capacity to exercise this right in any manner prescribed by law, and the exclusive right, allowing municipalities to participate actively in improving the administrative and territorial organization of Novosibirsk Oblast. However, as the most numerous subject of the right in question, they do not make sufficient use of this instrument of influence on the socio-economic processes taking place in the region.

Geographical Indication Protection of Tenun Gringsing Bali Fabric as A Society Cultural Heritage in Tenganan Pegringsingan

The Kain Tunun Gringsing Bali is a cultural heritage of the people of Tenganan Pegringsingan Village and has a philosophical value and sacred meaning behind every motif of the Balinese Tunun Gringsing cloth. In October 2016 the government has issued a Geographical Indication Protection certification for the Bali Gringsing Tunun Fabric. The purpose of writing this paper is to examine the granting of Geographical Indication Certificates to Bali Gringsing Tunun Fabrics both in terms of production and sales. The research in this article uses empirical legal research methods. The results of the study found that the evaluation after obtaining a protection certificate showed that there was no significant impact on the productivity of the Balinese Tunun Gringsing fabric craftsmen. This is due to the lack of socialization after and data collection so that it cannot be done in a concrete way the perceived impact of getting the exclusive right to protect the geographical indications of the Kain Tunun Gringsing Bali

Developing the Conceptual Foundations for the Science of Penitentiary (Prison) Law — Prison Studies — as an Independent Branch of Russian Criminal Law (Second Half of the XIX — Beginning of the XX Century)

The authors analyze the historical experience of the emergence and development of the science of penitentiary (prison) law — prison studies — as an independent branch of Russian criminal law that was formed in the second half of the 19th — beginning of the 20th centuries. They pay special attention to the institutionalization of the punishment of incarceration whose theoretical foundation was laid by outstanding representatives of Russian pre-revolutionary prison studies. In this historical period, famous legal scholars, practitioners, public figures, political and fiction writers studied problems of the organization and functioning of the Russian prison service, they offered suggestions on its optimization, on improving the effectiveness of its functioning regarding the implementation of the basic principles of punishment for persons who committed illegal actions. It is noted that in the history of Russian criminal law, the institute of punishment was studied by many representatives of legal science and practice who were not only outstanding scholars, but also highly effective organizers of prison work. However even today, in the process of establishing a civilized, humane, international law- and norm-based penitentiary system in Russia, there is an acute lack of complex research which would offer a comprehensive description and characteristic of the contemporary science of penitentiary law that became unofficially known as prison studies in the second half of the 19th — first half of the 20th centuries. Taking into account the historical past of our country, it is evident that a complex approach to researching the fundamental principles of the punishment of incarceration contributes to the further development of Russia legal science, to the objective assessment of the role and place of penitentiary institutions in the system of especially authorized state bodies that possess an exclusive right to counteracting crime. The studied empirical materials allowed the authors to conclude that it is necessary to analyze and widely use this rich historical legacy, which would help contemporary legal research and practice gain new knowledge in a dynamic and consistent way.

Discourse of Freedom and Contemporary Greco-Protestantism

In this article, the author provides an analysis of the “discourse of freedom” as one of the foundations for secular and ecclesiastical liberalism. The discourse of freedom receives the name of a “libertian discourse” (not to be confused with libertarianism — a specific political and ideological current). The libertian discourse is studied within its historical origins associated with the legal codes of ancient Rome and the social philosophy of the Enlightenment. The libertian discourse and the related concept of the “natural law”, hardly evolving and unchanged in the 300 years since its inception, has outlived its historical competitors in the form of historical law, Marxism, etc. This phenomenon of libertian fundamentalism refutes the liberal axiom of permanent social progress and modernization, which also applies to the sphere of knowledge. Since the concept of fundamental (generic) rights and freedoms can be neither scientifically proven nor deduced from the traditional norms and values, it should be classified as a metaphysical (in Karl Popper's sense), fundamentalist and quasi-religious doctrine. This article shows the contemporary transformations of the phenomenon of freedom, which results in the libertian discourse becoming an integral part of power practices, an exclusive right to criticize power and a “subtle discourse of power”. The contemporary function of libertianism lies in restricting the freedom of a political opponent in the name of fighting for freedom and in creating a marketable competitive field of political compensation for the restriction of freedoms (stigmatization). The author points to the struggle between two cultural-historical and religious paradigms with different understandings of freedom — the “Roman” (political, elitist) and biblical (social), emphasizing that this struggle generates two versions of the discourse of freedom in the contemporary political space. The author raises the question of the demarcation of freedom paradigms on the same grounds as the more general question of “paradigms of involvement with the transcendent” and the hybrid mixing of different paradigmatic foundations in the modern interpretation of freedom.