Civil Law Protection Research Articles

Legal Protection of Genetic and Genomic Information in Genomic Legal Relationship: A Civil Law Aspect

Genetic and genomic information has enormous potential. In the near future; such information may be determined as an integral part of the world order in general; and the legal order in particular. The author examines the modern theory of legal relations; applying it to genomic legal relations regarding genetic and genomic information and methods of protecting such information. The author examines the mechanism of civil law protection to identify those legal means by which it is possible to ensure legal protection of genetic and genomic information. The research is aimed at studying the mechanism and illustrating the legal means of ensuring the protection of genetic and genomic information.

Intangible benefits as objects of civil law protection

Relevance. The article analyzes legislative provisions and views of Russian scientists on the issues of protection of intangible benefits, definition of their signs, classification criteria, strengthening of protection, establishment of correlation between intangible benefits and personal non-property rights. The peculiarities of protection of intangible benefits in those areas in which such protection is most in demand at present, including the protection of honor, dignity and business reputation of citizens, their images, consumer rights, compensation for moral harm associated with encroachments on life and health, and in other cases are considered.The conclusions are made about the need for further development of the system of civil legal protection of intangible benefits, which is currently in the stage of formation, based on the generalization and systematization of existing approaches, as well as the development of the definition of the concept of intangible benefits, their scientifically justified classification, division by types, including taking into account the features of their protection.The purpose of the study is to develop theoretical provisions aimed at improving the civil legal protection of intangible benefits.Objectives: to analyze the peculiarities of legal relations arising in connection with violations of intangible benefits and encroachments on such intangible benefits; to identify problems arising in the protection of intangible benefits by civil law means; to propose solutions that ensure the elimination of gaps and contradictions in the legislation related to the protection of intangible benefits.Methodology. In the research we used general scientific methods, including dialectical-materialistic method, methods of analysis and synthesis, etc., as well as systematic and formal-legal methods.The results of the research have a theoretical and applied nature and are aimed at improving the legal regulation of relations related to the protection of intangible benefits.Conclusions. For further development of the legislation and judicial practice it is required to develop a scientifically grounded classification of intangible benefits, based on the identification of their signs and features, as well as to determine the features of protection methods applicable to encroachments on intangible benefits, which will allow to extend such protection to all cases of violations and encroachments on intangible benefits.

Prawo dziecka do poszanowania wizerunku a zjawisko sharentingu

Technological progress has contributed to the development of social media. As a result, increasing interest in contacts between people via instant messengers, but also in the publication of various content. Today, most of the society has profiles on social networking sites, where they publish both their own photos and the image of their children. When parents decide to disseminate photos and recordings with their children, they do not realize that they are violating their right to the protection of privacy and image. Civil law protection of minors against sharenting is one of the basic tasks of the state authority. It is the duty of public authorities to protect individuals who cannot independently take action against persons who violate their right to privacy. The author decided to choose this topic because today many parents sharent and do not respect the right of minor children to privacy. The main purpose of the article is to analyze the legal regulations regarding the civil law protection of children against the phenomenon of sharenting. The work uses the dogmatic and legal method and the analysis of judicial decisions.

The Introduction of an Electronic Bill of Lading into the Russian Legal Order. Part II

The paper analyzes the possibility of building a system of electronic bills of lading, the legal effect of which is determined under the norms of Russian legislation. The author highlights that the existing norms are not able to meet the needs of turnover and the fair distribution of risks of using electronic bills of lading. The paper elucidates the key factors determining the prospect of using an electronic bill of lading in trade. They include the rules ensuring neutrality and reliability of the person maintaining the register of electronic bills of lading, rules ensuring impossibility of foreclosing on an electronic bill of lading for the obligations of the person maintaining the register, the level of security of accounting for rights in relation to electronic bills of lading, the amount of transaction costs of participants in trade when using an electronic bill of lading, rules ensuring control of the pledgee over the transfer rights in relation to the pledged electronic bill of lading, convenience of transferring rights, as well as the possibility and consequences of converting an electronic bill of lading. Taking into account the above criteria, the author considers the possibility of regulating an electronic bill of lading on the basis of the corpus of norms already existing in Russian legislation, namely, using the model of non-documentary securities and digital rights. It is noted that none of these models can ensure the effective functioning of an electronic bill of lading in the absence of a whole range of legal and technological solutions, without which the expected advantages are outweighed by the problems of practical application. The paper elucidates possible ways of perspective regulation of electronic bills of lading in the Russian legal order and analyzes possible ways of civil law protection of the rights confirmed by the electronic bill of lading in the regulation of each of the proposed models.

LEGAL POLITICS CHILD PROTECTION BASED ON LAW NO. 1 YEAR 2023 ON THE CRIMINAL CODE

The formulation and drafting of Law Number 1 Year 2023 on the Criminal Code (hereinafter referred to as KUHP) is intended to replace the Wetboek van Strafrecht or the Criminal Code as stipulated by Law Number 1 Year 1946 on Criminal Law Regulations which has been amended several times. The effort is carried out in a directed, integrated, and planned manner so that it can support national development in various fields in accordance with the demands of development as well as the level of legal awareness and dynamics that develop in society. Child protection is based on Law Number 1 of 2023 concerning the Criminal Code which stipulates that criminal responsibility cannot be imposed on children who at the time of committing a criminal offense were not yet 12 (twelve) years old, which is an excuse. As well as considering the provisions referred to in Article 51 through Article 54, imprisonment should not be imposed if it is found that the defendant is a child. This research uses the type and type of normative legal research that examines and analyzes legal theories, legal principles and things written in legislation (law in book) and legal literature to answer problem issues. The research method uses a statutory approach (The Statue Approach) and a conceptual approach (The Conceptual Approach). The legal material collection technique used is a literature study document study. The legal materials that have been collected are then processed and analyzed prescriptively with deductive method. Thus, the politics of criminal law underlying the criminal law reform process involves policies in determining whether an act should be considered a violation of the law (criminalization) or not (decriminalization). One important aspect of community protection is the protection of victims and efforts to restore disturbed values in the community. Legal protection is manifested in the presence of various laws and regulations. The forms of protection or categories vary, examples of legal protection include civil law protection, consumer law protection, child protection, and so on

Research on Civil and Commercial Law Protection for the Development of E-Commerce

Research on Civil and Commercial Law Protection for the Development of E-Commerce

The concept and features of the jurisdictional form of protection of personal non-property rights of military personnel

Armed aggression on the part of the Russian Federation, during which disputes are resolved with the use of weapons, the commission of terrorist acts and other cruel actions that caused death, maiming, harm to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity are modern realities of Ukraine. In connection with this situation, among the priorities of the Ukrainian policy, the National Security Strategy of Ukraine defines the protection of the independence and sovereignty of the state, the restoration of territorial integrity within the internationally recognized state borders of Ukraine, and the protection of the rights, freedom, and legitimate interests of the citizens of Ukraine. National interests and ensuring national security. The most important role in solving the tasks of defense and security of the country is played by military personnel who undergo military service - public service of a special nature. Protection of personal non-property rights in a certain form is an objective necessity. The norms of general legislation apply to military personnel, therefore they have general rights, freedoms and duties as natural persons, therefore their protection is carried out in a certain form.
 The protection of personal non-property rights of servicemen involves a certain form of protection defined in legislative acts (civil, administrative, criminal, disciplinary). Civil law protection of the civil rights of military personnel means the application of protection measures in a certain civil law form, defined only by acts of civil law or a civil law contract.
 Servicemen acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Civil Legal Protection Against Misuse of Free License of Copyright Works For Font Designs Provided For Personal Use

Purpose: The purpose of this research is to find out how civil law protection is applied and how civil disputes are resolved regarding the abuse of free licenses for personal use of copyrighted font design works. This research uses empirical and sociological jurisprudence with a descriptive qualitative approach. Copyright—the exclusive right owned by the creator of the creation—emerges directly from the declarative basis for seeing a creation made. There are two ways of settling disputes over license abuse: non-litigation (outside the Court) and litigation. Theoretical reference: Five facets of the activity are covered in this article. First, the primary methods and early experiments pertaining to human computer emulation are examined. The second section looks at the connected moral, legal, and technical issues raised by the artificial person phenomena. Thirdly, consideration is given to licensing provisions for the use of cloned individuals' backbone platform. Fourth, the division of virtual people within the public domain legal framework is examined. Lastly, improvements to the pertinent legal perspectives, driven by the development of mind-uploading tech, are expounded upon. All things considered, the study contributes to the advancement of moral and legal guidelines for the science and technology of artificial life. Method: The type of research used is empirical and sociological juridic research with methods of qualitative approaches that are descriptive and tend to use analysis. Result and Conclusion: Based on research findings, this study shows that the protection of civil law and the process of settling civil disputes is linked to license abuse. Instead, an arbitrator helps the arbitration process. Furthermore, the primary legal source for protecting individuals from the use of free use licenses in private is Article 113, paragraph (3) of the Copyright Act No. 28 of 2014. Article 40, paragraph (1), letter F provides further explanation. Implication of Research: is to explain the protection of public law against the abuse of a copyright-free license for the design of fonts available for public use Originality/Value: this research concentrates on the area of law related to the abuse of free licenses and copyright made personally.

Analysis of civil and commercial law protection based on decentralized Internet

Abstract To promote fairness and justice in law, it is important to explore the protective role of civil and commercial law. The relationship between civil and commercial law and public opinion supervision is examined through Internet public opinion. A decentralized Internet public opinion index system has been established, and a better random network public opinion dissemination model is proposed through parameter inversion of the SIR model and network simulation. The protection of transaction security and information rights by civil and commercial law is the focus of the evolution of Internet public opinion cases. The promotion of industry self-regulation is enhanced by 14.63% when civil and commercial law intervenes. On the flip side, it aids in protecting personal information, and the likelihood of personal information leakage is reduced by 25.48%. This study can effectively reference the implementation of civil and commercial law in the Internet era.

Civil Law Protection of News Contents

Haber, günlük havadislerin toplumu bilgilendirme amacıyla kamuya sunulması faaliyeti olması yanı sıra, basın yayın kuruluşları açısından ekonomik değer taşıyan içeriklerdir. Haberin elde edilmesi, hazırlanması ve kamuya sunulması süreçleri oldukça maliyetlidir. Bu ekonomik yükün altına giren habercinin, haberi üçüncü kişilerce haksız bir şekilde kullanılmasını önlemekte menfaati vardır. Özellikle de bir takım dijital platformların, kendileri içerik üretmeden, başkalarına ait haberleri kullanmalarının yaygınlaşması, haber içeriklerine etkin bir hukuki koruma sağlanmasını zorunlu kılmaktadır. Esasen fikri bir çaba sonucu ortaya çıkan görsel ve dilsel içerikler için en etkin koruma yolu Fikir ve Sanat Eserleri Kanunu’dur. Bu korumadan yararlanabilmek için söz konusu içeriklerin “eser” sayılması gerekir. Bu çalışmada öncelikle, toplumsal niteliği nedeniyle haberlerin genellikle “eser” olamayacağını ileri süren görüşler eleştirilmiş ve haberin eser sayılabilmesinin koşullarına değinilmiştir. Ardından eser niteliğindeki haberi ihlal eden fiiller, ihlallere yönelik istisnalar ve ileri sürülebilecek talepler ele alınmıştır. Bu bağlamda özellikle üzerinde durulan konulardan biri, haber içeriklerinin koruma kapsamını önemli ölçüde sınırlandıran Fikir ve Sanat Eserleri Kanunu’nun 36. maddesidir. Çalışmada ayrıca eser sayılmayan haber içeriklerinin üçüncü kişilerce kullanılması durumunda başvurulabilecek taleplere değinilmiştir. Eser sayılmayan haber içeriklerinin her türlü kullanımının değil, haksız rekabet yaratan ya da kişilik hakkına aykırılık oluşturan kullanımlarının yasaklanabileceği vurgulanmıştır. Son olarak, taleplerin ileri sürülebileceği kişiler ve süreler ortaya konulmuştur.

CONSUMER LAW IN THE SYSTEM OF MODERN RUSSIAN LAW AND LEGISLATION

The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.

Transformation of the procedural powers of the court regarding the application of a proper and effective way of protecting civil rights

The article focuses on the problem of rejection of the claim due to the plaintiff’s choice, although provided by law or contract (that is, proper), of an ineffective way of protecting the violated right in a specific legal relationship. The mentioned problem is considered in the context of the new draft law, which proposes to establish a ban on the refusal to satisfy the claim on the grounds of the plaintiff’s choice of an ineffective method of defense, if such a method is provided for by law or contract. The need to transform the procedural powers of the court regarding the application of a proper and effective way of protecting civil rights is substantiated. A scientific and practical analysis of specific judgments of the Supreme Court is carried out, in which a position is expressed regarding the proper and effective way to protect civil rights. The concept of ways to protect civil rights through the disclosure of their purpose is characterized. An understanding of the concept of an appropriate way of protecting rights is given. The ratio of features of propriety and efficiency, as well as the conditions of application of such methods of protection, is determined. The conclusion is argued, if the plaintiff has chosen a specific method of protecting his right and such a method is appropriate (that is, provided by law or a contract for disputed legal relations and corresponds to the nature of the delinquency), then due to the principle of dispositivity, the court has no grounds to refuse in granting the plaintiff of protection in the method chosen by him, since such a method must be recognized as effective under any conditions, because, given its consolidation in the norms of material law for specific disputed legal relations, it will necessarily lead to the material and legal consequences required by the plaintiff. At the same time, it is concluded that it is worth talking about effectiveness only in the aspect of the court’s application of a method of protection not provided for by law or contract. It is substantiated that since the task of civil proceedings is addressed specifically to the court, therefore, consideration and resolution of civil cases by the court should be carried out specifically for the purpose of effective protection of violated rights. Therefore, it is emphasized that it is the court that should be entrusted with full responsibility for the effective restoration of rights, and therefore the duty to choose the correct method of protecting the violated right, effective and adequate in the specific disputed legal relations of the parties, with consideration of the factual circumstances of the case established by the court. In this regard, it is justified that the method of defense specified by the plaintiff in the statement of claim should not be decisive for the court, if the court comes to the conclusion that, under the specific circumstances of the case, the method of defense chosen by the plaintiff is not appropriate, but to eliminate the legal dispute and protect the violated rights of the plaintiff will be possible only in another way, not provided for by law or contract (but which will be effective). At the end, it is stated that relevant legislative changes, which would provide grounds for the protection of civil rights (in particular, features of possible violations of civil rights), determine the purpose of protecting civil rights (because efficiency will be determined precisely by comparing the declared goal with the obtained result), as well as establishing the conditions for providing legal protection (taking into account the grounds for applying an appropriate and/or effective method of protecting civil rights). Key words: civil rights, violation, legal protection, method of civil law protection, proper method, effective method, plaintiff, court, civil process, provision of protection, effective protection of rights

Peculiarities of civil law protection of honor, dignity and business reputation on the internet as objects of the right of an individual to information regarding himself

The article defines the concept of information about an individual as an object of civil rights. The author analyzes the state of legislative regulation of the relationship between the concepts of “personal information” and “personal data”. The basic principles of information relations are highlighted. The issues of the right to privacy in the context of technological progress and digitalization are outlined.The author examines and analyzes a whole range of controversial issues which arise for both civil theorists and practicing lawyers and attorneys-at-law (barristers) on the issues of protection of honor, dignity, and business reputation of individuals on the Internet, including the grounds for legal relations around protection of an individual’s honor, dignity, and business reputation. The article provides a general overview of the conceptual framework and theoretical foundations of the legal definition of honor, dignity, and business reputation of an individual. Particular attention is paid to the issue of defining negative and unreliable information, as well as the legal nature of the appearance and dissemination of such information on the Internet. Also, author research the conceptual foundations of the mechanism of protection of individual’s rights to honor, dignity, and business reputation. The author also pays attention to identifying the shortcomings of the legal regulation of the protection of these rights.The article highlights the specifics of practical issues arising for an individual who is trying to protect personal non-property rights to honor, dignity, and business reputation, which are violated because of posting information on the Internet which, in the individual’s opinion, is not unreliable. To this end, author has reviewed and analyzed several different court decisions (cases) of various instances (from local courts up to the Supreme Court and the European Court of Human Rights).The author makes a logical and consistent conclusion that such legal categories as honor, dignity and business reputation belong to the objects of the right of an individual to information regarding himself. The author offers general recommendations on the choice of legal instruments and methods for protecting an individual’s honor, dignity, and business reputation on the Internet.

Prawne aspekty hałasu „sąsiedzkiego” – cz. II (odpowiedzialność cywilna)

Legal aspects of “neighborhood” nuisance – Part Two (civil liability) The authors analyze civil law protection measures, in particular the claim for the protection of personal rights under Article 23 and Article 24 of the Polish Civil Code, as well as the restitution claim under Article 222 § 2 of the Polish Civil Code due to nuisances, which may be applicable in counteracting “neighborhood” nuisance such as noise.

Mowa nienawiści a dobra osobiste – wybrane aspekty ochrony cywilnoprawnej

The subject of this article is the analysis of hate speech in civil law terms through the prism of the institution of personal rights. The author points out that the issue of hate speech is an interdisciplinary phenomenon, but one that is strongly related to legal sciences, in particular criminal law. It would be of great value to science to consider the topic more broadly from the perspective of administrative and civil law. The author links the issue of hate speech with personal rights and points out that, on civil law grounds, hate speech is an attack on specific personal rights. Then he discusses the essence of the regulation of personal rights. Next, he goes on to analyse the position of the entitled and responsible parties and extensively analyses claims arising from the violation of personal rights in the context of hate speech. The author also proposes solutions that could increase the level of civil law protection (i.e., the institution of a blind civil lawsuit) and points to the important role of legal education. According to the author, the Polish legal system provides civil law institutions that are effective protection against hate speech. Nevertheless, the phenomenon in question must be constantly analysed in the context of contemporary social and civilisation challenges so that the legal system in Poland responds to these challenges.

Empirical Study on Civil Law Protection of the Right to Be Forgotten in the Era of Big Data

Under the background of big data, the legal protection of the right to be forgotten is ofgreat significance in safeguarding people's interests and dignity. On the basis ofclarifying the concept, legal characteristics and significance of the right to be forgotten,this paper analyzes the protection status of the right to be forgotten in the currentjudicial practice and the problems such as fuzzy content, nature orientation, difficult toguarantee the technical basis and lack of relief paths, and finally provides legal basis andrule guidance for establishing and improving the protection of the right to be forgottenin civil law. This research will effectively improve the data subject's awareness ofpersonal information protection and use and strengthen the legal protection of the rightto personality.

Civil Law Forms of Protection Relations

The actual problems of the protection of civil rights and responsibility in the implementation of the protective function of civil law are considered. Forms of protective relations are proposed to be divided into four types: penal, restorative, preventive and provisional. The penal form is different in that it implements liability measures. Adverse property impact on the offender is a qualifying sign of responsibility and in most cases allows one to distinguish between liability measures from other coercive measures available in the arsenal of civil law. It is characterized by the imposition on the offender of certain property deprivations, encumbrances. The restorative form is characterized by the application of protective measures. Civil law protection measures are characterized by the fact that in terms of content they are not non-equivalent property deprivation and are applied forcibly or are carried out voluntarily in the form of restoring the situation that existed before the violation, or suppressing actions that violate the right (or threaten to violate it), or recognize subjective right (or fact). The preventive form is aimed at the implementation of self-defense measures. The main feature of self-defense measures is their compensatory nature. It is expressed in the fact that self-defence measures are applied in case of violation of a subjective civil right (or in case of a threat of its violation) in order to protect the violated right. In connection with these features, self-defense is classified as a means of protecting civil law. Provisional form - measures of an operational nature, are applied extrajudicially unilaterally, regardless of the consent of the offender to their implementation (that is, they are coercive measures). Operational measures are characterized by a security feature, which is expressed in stimulating the participants in civil circulation to the proper fulfillment of obligations.

Judicial protection of intellectual property rights to animal breeds in civil proceedings (comparative legal aspect)

The relevance of this study is conditioned upon the lack of specialized legal regulation concerning the breed of animals as an object of intellectual property, which considerably complicates the judicial protection of property and personal non-property rights. The purpose of this study was to investigate the civil legal protection of intellectual property rights for animal breeds in Ukraine, considering foreign practices. For the systematic study of Ukrainian and foreign legislation, formal-legal, logical-legal, comparative-legal, and other special methods were used. Through the analysis of the Ukrainian regulatory framework, it was found that the provisions of the patent legislation must be considered for the implementation of judicial protection of rights to animal breeds. The results of the study of the provisions of the specialized laws of Ukraine from the standpoint of civil legal protection of intellectual property rights were presented and the following methods of protection were highlighted, which by analogy can be applied to the animal breed: recognition of the right, change, or termination of the legal relationship, restoration of the position that existed before the violation of the right, recognition of the deed invalid, termination of infringing actions, compensation for damages and moral damage, forced performance of the obligation in kind. It was established that a special method of judicial protection of animal breed rights is the application of a one-time penalty in the form of a certain amount of money instead of compensation for damages. Using a comparative legal analysis of foreign practices, namely in the Czech Republic, Bulgaria, and Kyrgyzstan, it was discovered that the legal protection of animal breed rights is primarily determined by the presence of a protective legal document, such as a patent or certificate. The theoretical value of this paper is that this study is the first to analyse the issue of judicial civil law protection of animal breeds as an object of intellectual property law in Ukraine, while also factoring in the foreign practices. The practical value is that the study results can be used to eliminate gaps and conflicts in the legal regulation of animal breeds as objects of intellectual property. The proposals expressed in this paper can be considered in the legislative initiatives.

Recenzja książki autorstwa Grzegorza Tylca pt. „Ochrona uczuć religijnych w prawie cywilnym”, Wydawnictwo Academicon, Lublin 2022, s. 1–214

Man is identified by both material and immaterial factors, including religious feelings, determining his individual attitude to the object of worship, but also determining his way of life. Religious feelings relating to a special relationship with the object of worship, which deserves reverence and respect, are very often violated by words, gestures or behavior of other people, especially in recent times. This is done in an ostentatious way, when values that are valuable for the followers of a given religion, mainly Catholic, are directly contested or ridiculed, or under the pretext of freedom of artistic expression. Therefore, it is extremely important to indicate the provisions on the basis of which it would be possible to protect religious feelings against such manifestations of overt or camouflaged contempt. In the context of civil law, this task was undertaken by the author of the reviewed book, rightly emphasizing that religious feelings, like any personal interest, are subject to civil law protection.

The Protection of Human Dignity in Selected Norms of Civil Law and in Theology

The dignity of the human person is a basic element of humanity, and at the same time a determinant of the moral value of human action. Human rights and personal rights derive from it and are protected by law. Dignity is sheltered by public and private law. In practice, civil law protection of human dignity is of great importance. There is consensus that the dignity of every human being is protected, even those deprived of consciousness. However, the problem arises when it comes to determining from what moment the protection of dignity is granted, whether from the moment of birth or earlier. The issue of the victim’s contribution to the harm caused to him is discussed. It can be noticed that in the science of law and in the jurisprudence of Polish courts, the influence of the teachings of Pope John Paul II on the interpretation of the provisions on the protection of human dignity can be observed.