Interference with Freedom of Expression

Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.

The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations

This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Regressive Religious Practices; A Threat to the Fundamental Rights of Women

The paper aims to provide an insight into the famous and revolutionary Sabarimala Judgement - Indian Young Lawyers Association and Ors. v. The State of Kerala and Ors.2 The paper throws light on the background of the case and closely analyses the judgement so pronounced and its consequences. Since the practices of the temple were seen as exclusionary in nature, the implications of a judgement so grave have serious consequences on the immediate category of people directly affected and the society at large. The primary issues addressed in the case; whether or not the said practice is discriminatory and so a violation of Article 17, and whether or not the practice violates the right to equality by lacking an intelligible differential and a reasonable nexus (pertaining to Article 14) have been further deconstructed to paint a better understanding of the interpretation of the Constitution of India.Furthermore, an attempt has been made to establish the judiciary’s primary objective, whether it is to strike a balance between the conflict of liberty, equality, public interest and affected groups of people has been fulfilled in this judgement or not. The main task of the judgement was to figure out whether the exclusionary practice is essential for the religion so as to deem it to be violative of the fundamental right to religion, as granted to the citizens of the country by the Constitution. One of the striking features of this judgement is the dissenting opinion of Justice Indu Malhotra, who, reasoning through constitutional morality: the harmonisation of fundamental rights of every individual citizen, religious denomination to practise their faith in accordance with the tenets of their religion irrespective of it being rational or logical has concluded that the practice is neither exclusionary, nor discriminatory in nature. The paper delves into this dissenting opinion, and proposes a possible approach to balancing public interests and rights of the affected categories.

Who Wants an Automated Vehicle?

New advancements in vehicle automation, electrification, data connectivity, and digital methods of sharing—known collectively as New Mobility—are poised to revolutionize transportation as it is known today. Exactly what results this disruption will lead to, however, remains unknown, as indeed the technologies and their uses are still taking shape amidst myriad interests. The impacts of this shift to New Mobility could be enormous, shaping economies, cities, and the lives of people in them. It is therefore vitally important for public interests to play a strong role in the development and deployment of these technologies. With the current trajectory of these technologies warning of the potential for increased energy use, environmental costs, and social inequity, interests at the community level need to be included and influential as soon as possible.

Copyright and information market today: European initiatives and library privileges

Copyright transformation in the digital world is going ahead. The paper describes new European initiatives in copyright regulation, particularly those that exert influence on information market and the work of libraries and other cultural heritage institutions as well as educational establishments. New European directive on copyright officially called The Directive on Copyright in the Digital Single Market allows for broader use of in -copyright material online and across borders within the European Union for the purpose of education, research and cultural heritage preservation. The Directive simplifies digitization and distribution of out-of-commerce works and gives legal certainty to online use of copies of works of art that are in the public domain. One of the Directive articles gives libraries, archives and museums the right to make digital copies of copyright-protected works in their collections but exclusively for preservation purpose and to the extent necessary for preservation. These important reforms incorporate copyright limitations and exceptions in European legislation and open the way to mass digitization projects in European libraries. The paper also briefly describes LIBER (The Association of European Research Libraries) activities to promote short-term and long-term provisions in international and national copyright legislation to take into account public interests during healthcare, environmental and economic crises.

Toolbox of the Public Administration Entity. Intersection of the Principle of Legality and Administrative Discretion in Exercising the Revocation of an Administrative Decision

For some, revocation of an administrative decision arises doubts, for others, it is a legal measure ensuring that public administration entities are able to respond to changing circumstances and adopt not only legitimate, but also fair decisions by striking a balance between private and public interests. This paper aims to analyse the choice of Lithuania with respect to the implementation and application of the public administration entities right to revoke its previously adopted administrative decision. In order to achieve this goal, the results of analysis of the role of the principle of legality and administrative discretion in the decision-making process, legal regulation of public administration and case-law are revealed. The analysis will show that there is room for the possible systematisation of the administrative procedures, aiming to ensure that public administration entities are able to respond to the ongoing changes in order to fulfil the objectivities based on which the particular public administration entities were established.

Copyright and information market today: European initiatives and library privileges

Copyright transformation in the digital world is going ahead. The paper describes new European initiatives in copyright regulation, particularly those that exert influence on information market and the work of libraries and other cultural heritage institutions as well as educational establishments. New European directive on copyright officially called The Directive on Copyright in the Digital Single Market allows for broader use of in-copyright material online and across borders within the European Union for the purpose of education, research and cultural heritage preservation. The Directive simplifies digitization and distribution of out-of-commerce works and gives legal certainty to online use of copies of works of art that are in the public domain. One of the Directive articles gives libraries, archives and museums the right to make digital copies of copyright-protected works in their collections but exclusively for preservation purpose and to the extent necessary for preservation. These important reforms incorporate copyright limitations and exceptions in European legislation and open the way to mass digitization projects in European libraries. The paper also briefly describes LIBER (The Association of European Research Libraries) activities to promote short-term and long-term provisions in international and national copyright legislation to take into account public interests during healthcare, environmental and economic crises.

Keeping the balance of public interests and the interests of the subjects of patent rights in the codification of legislation in the field of intellectual property

Keywords: intellectual property, codification, human rights, private interests, publicinterests, exclusions, medicines, patents The article concerns the expediency of codificationof legislation in the field of intellectual property on the basis of the principles ofpolicy development of pharmaceutical nationalism or pharmaceutical independence ofthe state. Modernity encourages to determine the principles of intellectual propertylaw on the basis of «collective knowledge», to put the intellectual property right toserve the interests of society and provide appropriate incentives for scientific activity.The new spirit of intellectual property dictates the policy of introducing exceptions tointellectual property rights for objects used in the fight against COVID-19.Special attention should be paid to the formation in the world, on the one hand, ofa policy of «pharmaceutical nationalism», which provides for protectionism in relationto the national producer, and on the other — the policy of priority of public interestsover intellectual property rights. Today, this issue is particularly acute in the contextof limited access to vaccines against the background of free production sites of genericcompanies. Therefore, when determining the conceptual approaches to the codificationof legislation in the field of intellectual property, the international experience ofmaintaining such a balance should be taken into account.The path of harmonization of human rights and intellectual property rights hascertain social and economic obstacles, overcoming which requires significant efforts ofpublic organizations, rethinking the established paradigms of the scientific communityand the political will of international organizations. The pandemic has only strengthened our sense that modern science is supranational,it has long been beyond the geographical and beyond the human imagination.That is why the monopolization of its results has become a dangerous phenomenon fora society that has lost the ability to control the processes within itself and has becomedependent on external processes, which are controlled by a small percentage of intellectualproperty market participants.Today, Ukraine has become an Eastern European hub in the field of harmonizationof private and public interests in the field of health care with the mechanisms ofintellectual property rights, and the ongoing patent reform is a breakthrough success.It should be noted that although it is extremely important for Ukraine to be able touse the flexible provisions of the TRIPS Agreement, both for the production of vaccinesand over time for drugs for specific treatment KOVID, the Government shouldkeep in mind the need to clarify the production capacity of domestic producers. , toallow the production of such vaccines and drugs exclusively for the national market,at least at the first stage, as the priority is to meet the needs of the national patient.And, of course, compulsory know-how licenses (trade secrets) should contain provisionslimiting the time and number of doses produced by analogy with compulsory licensesfor inventions.

The prosecutor's judicial protection of public interests in the use and protection of specially protected natural territories as a complex area of prosecutorial activity

The article deals with the topical issue of highlighting the complex direction of prosecutorial activity – the protection by the prosecutor in court of public interest in the use and protection of specially protected natural territories based on the scope of legal relations and the purpose of the activity. Taking into account the available theoretical approaches, the author proves that three criteria are basis for the allocation: 1) the complex nature of the legal regulation of the sphere of use and protection of specially protected natural territories; 2) the need to adopt a set of means of prosecutorial activity for violations of the regime of use and protection of specially protected natural territories in court; 3) the unity of the factual circumstances to be established in criminal, civil, arbitration, administrative cases, cases of administrative offences on the facts of violation of the regime of use and protection of specially protected natural territories, which in turn allows, firstly, the collected evidence to be used in criminal, civil, arbitration, administrative proceedings, in proceedings on administrative offences (respectively, unified approaches to collecting and fixing evidentiary information are required), secondly, the prejudice of judicial decisions. The allocation of an integrated direction makes it possible to improve the quality of the organisation and implementation of judicial protection of public interest in the use and protection of specially protected natural territories.

Factor analysis of cargo river transportation recovery on the Unified deep-water system of Russia

In the second half of the XX century, Russian river transport was actively developing, and by 1990 the volume of cargo transportation reached 580 million tons. Now in the 20s of the XXI century, the volume of river traffic has decreased almost fivefold. There has been a redistribution of transportation between modes of transport: the shares of rail and river modes of transport have decreased, the shares of road and pipeline have increased. From the point of view of public interests, the existing distribution of traffic between modes of transport is not rational. The volume of production in the economy of the Russian Federation has fully recovered, but the growth of river traffic does not occur due to the redistribution of traffic between other modes of transport. The article discusses the reasons for a significant decrease in the share of river transport in the total volume of transport services and suggests measures to restore the position of inland waterway transport.