Legal Regulation and Copyright Protection in Internet in Russia and Abroad

This article is deals with analyze of definitions of principles, principles of law and approaches to understanding the principles of administrative law. It is emphasized that the principles of administrative law must be primary, determining; actions of participants of administrative and legal relations should be consistent with the principles of administrative law; all elements of the mechanism of administrative and legal regulation of state governance in the sphere of economic activity should function based on the principles of administrative law. Distinguish between principals of administrative law and state governance is drawn. At the same time, the principles of state governance also determine the appropriate administrative and legal regulation. It is noted that the system of principles includes the principles that are the basis for the construction of administrative regulation, its modernization and the principles of the object of such regulation, which should be ensured through administrative regulation. The latter include the principles of state governance. It is concluded that, administrative and legal regulation in the sphere of economic activity provides for taking into account also the principles of next directions: principles of economic policy; principles of state regulatory policy; principles of information security. It is explained that state governance in the relevant sphere is aimed at realization of economic function, economic policy of the state; state regulatory policy in the sphere of economic activity; provision of information security in the sphere of economic activity. These principles affect the content of administrative and legal regulation in a particular sphere, but they must be understood and interpreted through the prism of administrative law principles that are fundamental to administrative law. The article states that the creation of conditions for the fulfillment of tasks defined by the Constitution of Ukraine, which is a direction of administrative and legal regulation, which permeates all other directions, should be based on the principles of administrative law. It is proposed to highlight the basic and special principles of administrative and legal regulation of state governance in the sphere of economic activity.

The paper considers the problems of constitutional and legal regulation in the sphere of the Russian economy; the thesis that the Constitution of the Russian Federation defines the essential features of the economy is investigated and substantiated. On the one hand, the effectiveness of constitutional legal norms depends on the state of the economy, and on the other hand, it is possible to ensure the effectiveness of the economy only through constitutional norms (norms-principles).The paper examines the genesis of constitutional legal regulation in the field of economic relations. The norms and principles enshrined in the Soviet constitutions are analyzed. The foundations of the economic system in the Soviet period were characterized by the absence of private property rights, free competition and other economic principles. Proclamation of the new economic policy in the 20s of the 20th century entailed the formation and development of private law trends. Many of its supporters were subjected to repression in the 30s of the 20th century. The adoption of the new Constitution in 1993 led to the emergence of new directions in social development and the formation of principles in legal regulation in the economic sphere. The fundamental principles of the Constitution of the Russian Federation have the most powerful influence on the development of market relations. They determine the effectiveness of the state system, state regulation of the economy, establish the economic and social functions of the state. The place and role of the constitutional economy in the system of legal reality of Russia are determined. The constitutional foundations of the state are considered as elements of legal reality. The steady expansion of the subject of constitutional regulation in the aspect of economic relations is noted. The Constitution does not just set general standards for the regulation and development of the economic sphere, but influences the norms of other branches of law in such a way that they acquire constitutional and legal content and should be interpreted in the light of constitutional values.

Nowadays one of the principal innovative spheres in Russia is considered to be a rapid development of nanotechnology and nanomaterials and implementation its products into almost all fields of social and industrial life. Nevertheless, despite the pointed advantages an appearance of nano products has set not only a positive example of the scientific progress development and dynamics, but also a potential threat of possible risks for the environment and people's health in the case of its massive use when there is a lack of research about its impacts. In Russian Federation the problem of nanosafety regulation is extremely actual. A number of international documents have noted a lack of legal regulation in the sphere of nanotechnologies in Russian Federation. Thus, according to the strategic EU program, it's mentioned that in 2009 on an annual meeting of OECD Tour de Table Meeting in Paris (November, 2007) Russia took responsibility to develop a long term program of nanoindustry development by 2015 (Nanotechnology Action Plan for Russia-2015). The key role should be dedicated to the nanosafety aspects and potential risk assessment of nanomaterials for environment and humans' health. Unfortunately, until now Russia did not provide this document for discussion at the international level by the partners of nanoconsortcium. Indeed, from 2007 until nowadays in Russian Federation there are no a single federal act of legislation (federal'nyi zakon), establishing the state foundations of regulation of nanosafety. The only one Federeal Legal Act in the described sphere is the Federalniy Zakon from 19 July 2007 "About the Russian corporation of nanotechnologies", which has established the principles of organization, activites, functions and termination of Rosnanotech. However, there are no articles dedicated to the environmental safety provision in regards of nano products applications. Also there is no complex federal act consolidating legal status of action in the field of development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 "About federal budget for 2011 year and the period of 2012 and 2013 years" the expenses for realisation of program "The infrastructure development of nano industry in Russian Federation for 2008-2011" were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation – nanotechnology – is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD "Nano technologies: the Environment, health and safety" the conclusion is following – 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities – nano technologies – is practically out of the regulation. It might lead to an increase of ecological risks' level in the process of creation and application of nano products to the environment and health of people. As a result, implementation of international legal recommendations in the field of safety regulation of nanotechnology is quite crucial for Russian Federation.

summary: In the article general provisions on transport as the sphere of legal regulation of Russia and the USA are considered: reasons and need of development of transport legislation; means of transport; transport legal relationship; a subject of a transport law; tasks facing executive bodies regulating activity of a transport branch. Keywords: transport law, means of transport, transport legal regulation, legal space, globalization. . The sphere of legal regulation (legal space) means the relations which have already been settled by the law or must be settled by it. The sphere of legal regulation is something initial in relation to а law-making activity of the state. It represents a set of the disordered relations and facts which adjustment is objectively impossible without use of legal means. The sphere of legal regulation is the area of potential legal relations. Consideration of the sphere of legal regulation of a transport branch is of current interest since the modern world is being internationalized. In

Introduction. The article examines general scientific, theoretical, industry and practical arguments proving the need to differentiate legal and individual regulators of labor relations. The work analyzes controversial issues, including “measures for organizing” legal regulators; actual labor relations within the sphere of legal regulation; legal and individual regulators of labor relations; dialectical relationship between labor relations and individual labor relations. Theoretical Basis. Methods. The theoretical basis is formed by the works of K. Marx, F. Engels, works of scientists in the field of theory of state and law, labor law. General scientific methods are used: analysis, synthesis, systematization. In addition, the author based his judgments on comparative analysis, formal-legal and hermeneutic research methods. Results. A comparative analysis of legal and individual regulation of labor relations was carried out. As a result of the study, a conclusion was drawn that it is generally scientifically and theoretically controversial, and practically not productive enough, to synthesize legal and individual regulators.

Despite the absence of a legal definition of the sphere of legal regulation, this legal category remains indispensable when considering issues related to the reasonable and reasonable use of legal tools as a means of social regulation. Consideration of the concept and main features inherent in the sphere of legal regulation, as well as its key properties, such as width and depth, has not previously been subject to direct legal analysis, and it contributes to the detailed disclosure of the specified legal category. The article also points to the dynamic nature inherent in the sphere of legal regulation. The development of the scope and limits of legal regulation in four main areas – expansion, contraction, deepening and generalisation – is concluded.

The article provides a structural analysis of the administrative and legal regulation of the procedure for the dismissal of a public servant from a position. It is emphasized that in the doctrine of administrative law there are significant gaps in knowledge about the peculiarities of the legal regulation of relations of dismissal of a person from public service. It is proposed to distinguish three levels of administrative-legal regulation of public relations regarding the dismissal of a public servant from his position: 1) public relations, which are actually regulated by the norms of administrative law (the subject of administrative-legal regulation); 2) social relations that are not regulated, but must be regulated by the norms of administrative law (the sphere of administrative-legal regulation); 3) social relations that are not directly regulated by legal norms, but are indirectly influenced by other legal relations (object of administrative and legal regulation). In particular, according to the subject of legal regulation in the system of administrative law, the legal institution of dismissal of a person from public service is dis­tinguished, which regulates official relations regarding the procedure for dismissal on legal grounds of a public official from a position. The need to consider social relations that arise when a person is dismissed from public service through the prism of the object of administrative and legal regulation is substantiated. It was concluded that the object of administrative-legal regu­lation of the dismissal of a person from public service positions is a synthesis of, firstly, social relations that are already regulated by administrative law (the subject of administrative-legal regulation), and secondly, social relations that require administrative - legal regulation (the sphere of legal regulation), and, thirdly, social relations that are not regulated by administrative law, but feel its indirect influence. It was found that the subject of administrative-legal regula­tion indicates the result of legal regulation of relations regarding the dismissal of persons from public service positions, the sphere of administrative-legal regulation - about the existence of gaps in the grounds and procedure for the dismissal of public servants from their positions, and the object of administrative- of legal regulation - about the presence of a positive or nega­tive indirect influence of the norms of administrative law on other social relations that are not regulated by law.

Innovation and speed are the twin watchwords of a knowledge based economy The most astonishing feature nbsp of nbsp the nbsp emergence nbsp of nbsp new technologies nbsp is nbsp the nbsp enabling nbsp dissemination of knowledge in a hitherto unprecedented manner These scientific break through and technological nbsp developments nbsp through nbsp Internet nbsp have nbsp created nbsp a nbsp corresponding demand for strengthening the legal protection machinery Situated against this backdrop legal protection of copyright in Internet poses a singular range of legal issues The article critically examines these advancements and their link with the law of copyright with special reference to the role of judiciary in the developing context of the India and USA

Any sphere of legal regulation, in particular, the execution of criminal penalties, is necessarily based on fundamental constitutional principles, which are the basis for the development of relationships between the rule of law and the individual. These include such principles as: inseparability, inviolability and inviolability of the rights and freedoms of the individual; the rule of law; mutual responsibility of the state and the individual; limited and subordinate state power; strict obedience to the law in the activities of all state bodies and officials. Nowadays, the problems of observance of the rights and legitimate interests of citizens who find themselves in places of imprisonment are very acute. The purpose of the article there is a definition of the features of the correction and resocialization of prisoners sentenced to imprisonment in the system of means of fulfilling the tasks of criminal executive legislation. Methodology. In preparing the article, certain general scientific and special-scientific methods of cognition were used, in particular: historical, philosophical and legal, comparative, systemic, functional, generalization. Scientific novelty. As a result of an empirical study of the correction and resocialization of prisoners sentenced to imprisonment in the system of means of fulfilling the tasks of criminal executive legislation, the author’s interpretation of the concept of «resocialization of prisoners to imprisonment» is given, according to which this is a process of positive changes in the personality of a convict as a result of the application of legal, organizational, pedagogical, psychological, educational and other measures of influence in order to eliminate the negative value orientations of convicts, the consequences of their isolation, consolidation of the results of correction, rendering assistance to them after serving their sentence and promoting their adaptation in the social environment. It has been proven that when determining the type of institutions for the execution of punishments, the criterion of openness / closeness of these institutions is advisable to apply only in institutions of execution of punishment in the form of imprisonment. The above conclusions deepen knowledge about the object of research, contribute to the study of the process of execution and serving of sentences by convicts. Conclusions. The criminal executive legislation of Ukraine regulates the procedure and conditions for the execution and serving of criminal sentences in order to protect the interests of the individual, society and the state by directing efforts to correct and re-socialize convicts, prevent the commission of new criminal offenses by both convicted persons and other persons, as well as prevent torture and inhuman or degrading treatment of convicts. The state respects and protects the rights, freedoms and legal interests of convicts, provides the necessary conditions for their correction and resocialization, social and legal protection and their personal security. The main tasks of the resocialization of convicts can be considered the restoration and expansion of their socially useful ties and relations with society, the development of an integral personality capable of an objective attitude both to the world around them and to oneself; change in the orientation of the personality; creation of a system of moral, ideological, legal convictions in accordance with the norms and values accepted in society; the formation of persons serving a sentence, the ability to stable, independent, law-abiding behavior after serving a sentence. Keywords: resocialization; regime of execution of punishment; imprisonment; sentenced to imprisonment; correctional colony; legal status; institutions of execution of punishments.

Мета: з’ясувати правову охорону на службові твори. В даній статті автори досліджують особливості правового регулювання на службові твори. Розглянуті окремі питання про внесення змін до трудового законодавства. Методи дослідження: для аналізу правової охорони на службові твори в контексті законодавства використано метод індукції, системний підхід, формально-юридичний та case-study методи. Результати: в процесі дослідження акцентується увага на недоліках чинного законодавства, та формуються основні напрямки вдосконалення чинного законодавства у відповідності до міжнародно-правових норм в контексті охорони об’єктів на службові твори. Висновки: отримані результати підтверджують підвищення ефективності системи захисту інтелектуальної власності на службові твори матимуть позитивний вплив на реформування системи охорони інтелектуальної власності в Україні. Таким чином, подальше вдосконалення законодавства у сфері правового регулювання на службові твори є необхідним для забезпечення його ефективності та відповідності викликам сьогодення.

Purpose: the aim of the article is the role and influence of tourism on the development of the economy at all levels of the economic system (example: Republic of Crimea). The article considers the methodology for analyzing the indices of social and economic growth in the branch of the Republic of Crimea. The role and influence of tourism on the economy is considered. Tasks of the article: analysis of the works of foreign and domestic scientists on the role and influence of tourism on the development of the economy; to conduct an analysis of the sectoral structure of the gross value added of the Russian Federation; describe the growth of socio-economic indicators; identify the stages of the methodology for analyzing the indicators of the social and economic growth of the tourist industry; to give an analysis of indicators characterizing the socioeconomic growth of the tourist industry of the Republic of Crimea; construct the dependence of the amount of declared amounts of investment projects on the number of tourists who visited the Republic of Crimea. Methods: the dialectical method of scientific cognition was applied in studying the role and influence of tourism on the development of the economy, calculation and analytical methods for monitoring, measuring, analyzing and comparing indicators that characterize the social and economic growth of the tourist industry of the Republic of Crimea. Results: in modern conditions, the development of the tourism sector, as a source of sustainable development of the state economy, acquires priority development. The tourism industry has a huge impact on the economy of the region, being the locomotive of the development of many other branches of management and providing non-raw budget receipts. The analysis of the works of foreign and domestic scientists makes it possible to talk about the integrated mechanism of the role and influence of tourism on the development of the economy at all levels of the economic system and, in general, the national economy of the country. Its essence is as follows: the gradual increase in the socio-economic standard of living of the country's population increases its needs for rest and leisure, which increases domestic and outbound tourist flows. The coefficient of determination R² = 0.0191 showed that 1.91% of the variation of the "declared amount of investment projects, applications" is due to the variation in the sign "the number of tourists who visited the Republic of Crimea", and 98.09% of the variation is already associated with the impact of other factors not taken into account. Conclusions and Relevance: the spread of tourism is becoming a stimulating factor for the development of the tourism services sector: the tourism industry is growing in the budget, the number of employees in the tourism sector is growing. Increased investment in the tourism sector leads to the creation of tourist facilities and the development of tourism infrastructure, increases the attractiveness of the national sector of tourism services. This stimulates the growth of domestic and incoming tourist flows and ensures an increase in the country's socio-economic development. The social and economic growth of the sector as a whole is promoted by institutional support, developed state regulatory and legal regulation in the sphere of tourism, interaction of public-private partnerships, staffing, diversification of tourism products through the development of various types of tourism, thereby eliminating the reason for the seasonality of tourism enterprises and increasing income.

It is indicated that legal behavior belongs to the fundamental categories of the general theory of law, covering the entire set of legally significant actions of subjects of legal relations. By its nature, it is a volitional and socially significant activity that falls under the scope of legal regulation and generates corresponding legal consequences. In contrast to legally neutral behavior, which remains outside the scope of legal influence, legal behavior is always subject to assessment from the point of view of its consistency or inconsistency with current legal regulations. This determines its status as a generic concept that integrates two diametrically opposed varieties - lawful behavior and offense. The article is devoted to the theoretical and legal analysis of the category «legal behavior» as a fundamental philosophical and legal concept. The essence of legal behavior as a volitional, socially significant activity of subjects of legal relations, which is in the sphere of legal regulation and entails legal consequences, is investigated. It is established that legal behavior is a generic concept that encompasses two opposite types - lawful behavior and offense. The role of legal consciousness as an internal mechanism that transforms external legal requirements into internal motives of a person’s activity is analyzed. It is found that the formation of legal behavior is due to the complex interaction of a person’s value orientations and legal prescriptions, where the law acts simultaneously as a guideline, incentive and limiter of human behavior. A comparative legal analysis of the term «lawful behavior» in different legal systems has been carried out, which has shown the universal nature of this category despite terminological differences. The main features of lawful behavior are identified: social utility, subjectivity, objectivity, compliance with legal norms and state guarantee. The factors that determine lawful behavior are investigated, including the level of legal awareness and legal culture, awareness of the guaranteed rights and freedoms, freedom of choice and the partnership nature of the relationship between the individual and the state. It is substantiated that lawful behavior is the result of a harmonious combination of the internal personal characteristics of the subject and the external socio-legal environment.

Aim. To identify the actual problems of the theory of legal understanding and practice of legal regulation of biological safety in international law and Russian law, to consider the theoretical and applied aspects of the legal content and types of biological safety, to assess the sources of international law and Russian legislation regulating relations in the field of biological safety. Methodology. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (comparative-legal, historical-legal, formal-legal). Results. Theoretical and methodological, scientific and practical issues of legal understanding and legal con­tent of biological safety are disclosed, classification of its types is proposed. The assessment and forecasts of the improvement of the legal regulation of biological safety in international law and in Russian law are given. Research implications. The results of the study contribute to the theory and practice of international law and constitutional law, creating prerequisites for the development of the doctrine and identification of classifications of biological safety types, further in-depth conceptual study of this public legal category. Proposals have been made to improve the legal regulation of biological safety.

In the content of the work, the author analyzed the phenomenon of legal privileges through the prism of their systemic characteristics. The relevance of the research topic and the importance of modernizing the specific distinction of preferential legal regimes are emphasized. The cognitive features of the topic of this article are established. The work emphasizes that the relevance of scientific research on preferential legal regimes, especially their varieties as a complex systemic phenomenon, in addition to being due to the importance of individualizing legal regulation, is also determined by the need to link the efficiency of resource use and stimulate the development of relevant spheres of social relations. Preferential legal regimes can be an important tool for supporting and developing certain sectors of the economy, regions or social groups. Scientific research of these regimes allows us to assess how effectively they contribute to the development of small businesses, stimulate investments in infrastructure or provide support for socially vulnerable categories of citizens. This is especially relevant in conditions of economic crises, instability or the need for rapid development of individual industries. Based on the analysis of doctrinal approaches to understanding the varieties of legal regimes and preferential legal regimes, a high level of debate and ambiguity of the views of scientists was noted. This makes it advisable to develop a single doctrinal approach to their classification and characteristics of the corresponding varieties. It is emphasized that the application of classification in the process of conducting scientific research requires comprehensive consideration of the features of preferential legal regimes and their generalization according to appropriate criteria, which will allow covering various aspects of their manifestation. Analysis of the provisions of the current legislation of Ukraine allowed us to propose the following classification criteria: 1) the sphere of legal regulation (constitutional, administrative, civil, labor preferential legal regimes); 2) the subjects to which the preferential legal regime applies (preferential legal regimes for individuals and legal entities); 3) the territory of distribution (nationwide, regional (local) preferential legal regimes); 4) content (personal and property preferential legal regimes). It is concluded that in general, scientific research on preferential legal regimes is important for the development of the legal system, ensuring sustainable economic growth, social stability and the integration of national legal systems into the global context.

The book presents the author's concept of the systemic relationship of doctrine, lawmaking and judicial practice. Taking into account modern tendencies of constitutional development, the role and importance of the doctrine in lawmaking and law enforcement, judicial practice, actual problems of normative control, issues of implementation of judicial decisions are revealed. The work is devoted to the issues of the correlation of doctrine and legislation; Role of judicial practice in law-making work; The use of the doctrine in the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation; Problems of legislative initiative of higher courts of the Russian Federation and implementation of court decisions in the legislation of the Russian Federation. The study of the issues of using the doctrine in the drafting of bills allows us to see not only the content of legal norms, but also the dynamics of the development of social relations regulated by them. The doctrine describes legal phenomena, it is a kind of prediction of foresight of situations that can develop in the sphere of legal regulation. The Doctrine formulates and develops the principles of law, which are the basis for regulating social relations in cases of a gap in law, when it is impossible to apply the analogy of law. Legislators and law enforcers turn to legislative comments, where the doctrine fully meets legal gaps, develops law and formulates new legal provisions. In many respects the problems of legislation, the inefficiency of draft laws, leading to multiple amendments to laws; Unsystematic legislation; The numerous laws - are due in part to the insufficiency of the use of legal doctrine. The lack of a unified approach to the problems of improving the legal regulation, the overall concept and strategy for the development of legislation, a clear understanding of the stages and main directions of the state strategy for the development of legislation leads to a chaotic update of norms in various branches of legislation, uneven development of its individual institutions. Judicial norm-setting has a special impact on the legislator, since the forms of judicial rule-making in the form of precedent, judicial practice, legal positions of the highest judicial bodies are in effect a regulator of public relations, overcome legislative gaps. Analysis of the practice of the Constitutional Court shows that the failure to implement the decisions of the Constitutional Court of the Russian Federation is caused by a number of reasons, including: lack of proper legislative base, weak activity of state structures in the process of execution of decisions of the Constitutional Court of the Russian Federation, legal nihilism, low level of legal culture, lack of financial resources from the state.