Development Of Legal Relations Research Articles

Peculiarities of Legal Relations in Genomics

The intertwining of technological manipulations of the human genome with other contemporary developments in biological science, medicine and law results in the need for adequate legal regulation of these areas. The article considers the development of legal relations in genomics within a humanistic biosocial and political-legal framework. Genomic legal relations are shown to gradually acquire a norm-referenced nature inherent in the present stage of biosocial development. Important current questions in humanistic thought include freedom of choice, protection of human dignity, and the development of awareness in the use of modern medical achievements. Due to the need to consider biomedical technologies, including cloning, the use of stem cells, euthanasia, and genetic profile of a person, contemporary biojurisprudence is fast becoming a cutting-edge field in the development of legal understanding.

The Legal Protection Policy for Partnerships in Socially Just, Digital-Based Land Transportation Businesses

<p class="TableParagraph"><em>The development of legal relations between drivers and online land transportation service application providers is becoming increasingly massive, especially when technological developments and digitalization make it easier to utilize digital-based land transportation services. This research aims to analyze and determine legal prescriptions or solutions to the problem of legal gaps in special regulations that discuss and serve as guidelines in implementing partnership legal relations between online transportation drivers and online land transportation service application providers in terms of the aspect of social justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the social justice aspect of the partnership legal relationship between drivers and online land transportation service application providers has not actually been fulfilled, which is due to the absence of special regulations regarding partnership relationships that can guarantee legal certainty and protection for online transportation service drivers. Legal protection policies for partnership legal relationships between drivers and online land transportation service application providers can be implemented by establishing regulations regarding special partnership relationships between drivers and online land transportation service application providers to fill the existing legal gaps.</em></p>

Continuity in the Interpretations of Legal Relationships in the Case of Unjustified Enrichment

The paper provides a theoretical justification of some substantive constructions that have constituted the civilistic heritage of the past periods and have laid the basis for the modern interpretation of legal relations concerning unjustified enrichment. The paper analyzes the continuity in the development of legal relations regarding the concept of unjustified enrichment. The author has shown that legal relations on unjustified enrichment are of systemic importance for the current law and order. They are located in a very extensive legal field of claims aimed at compensation for damage, and they represent civil law relations of a protective type. Being a real social phenomenon and, at the same time, a civilistic category, legal relations in unjustified enrichment can be analyzed: a) from the standpoint of economics; b) from a legal standpoint; c) from the standpoint of justice (they should coincide with legal standings, which in practice is not always achievable). Continuity in the interpretations of legal relations concerning unjustified enrichment expressed in the dynamics of their historical and legal development provides variability, gradual complication of forms and, at the same time, the constancy of the basic ethical and legal idea of the prohibition of unjustified enrichment. Markers of continuity include: 1) the general principle underlying the corresponding obligation; 2) formal and substantive criteria for determining the groundlessness in the enrichment process; 3) possible tools (forms, methods and means) for the protection of violated rights. Defining each of the listed elements in relation to a particular stage of the economic and legal development of society, we get a general picture of continuity, which for prognostic purposes can be extrapolated to the perspective of the development of the institution of a version claim in the domestic legal system.

Features of consideration of cases on challenging the laws of the subjects of the Russian Federation on administrative offenses

According to the Constitution of the Russian Federation, administrative and administrative procedural law are jointly administered by the Federation and its regions. The article, based on the analysis of the practice of consideration by courts of administrative cases on challenging normative legal acts adopted by legislative bodies of state power at the regional level, highlights the features of consideration, identifies problematic issues and prospects for the rule-making of state bodies of public authority of the subject of the Russian Federation. The laws of the constituent entities of the Russian Federation on administrative offenses are also joint issues of federal and regional legislative authorities. When appealing against such regulations, the courts are guided by both the Administrative Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The main conclusion of the study is that there is currently a judicial practice on challenging the laws of the regions of the Russian Federation on administrative offenses that contradict federal legislation. Despite detailed checks of the laws before adoption, the problem of the existence of illegitimate regional laws remains relevant. Specific examples are given on the adoption of regional acts on administrative offenses with exceeding the powers of a subject of the Russian Federation. The novelty of the research lies in the assessment of the current state of legislation and judicial practice of its implementation. The author's special contribution to the research of the topic is to identify ways to further improve and prospects for the development of the procedure for adopting and challenging regional laws on administrative offenses. The practical significance of the research lies in the development of scientifically-based proposals for additional in-depth understanding and development of legal relations in the field of rulemaking at the regional level, including from the point of view of judicial norm control.

Фиксация административных правонарушений на транспорте: правовые и социальные аспекты

The article is devoted to the analysis of the experience of fixing administrative offenses in the field of traffic, the problems of using automatic fixation as a source of evidence in cases of administrative offenses are raised, the statistics of traffic accidents in recent years are analyzed. Examples are given of how automatic fixation of administrative offenses has a positive effect on road safety, in particular, it is proved that the use of administrative fixation means should also be a preventive measure that contributes to traffic regulation. In addition, a sociological aspect was considered in order to understand how society relates to this activity in order to correct its direction. The ways of improving the legislation are proposed both by eliminating emerging gaps and contradictions, as well as introducing innovations in line with the development of legal relations, based on law enforcement practice, and technical means through the introduction of new technologies.

Sources of research in the development of legal relations regarding the use and protection of the environment in the innovation field

Problem setting. Transformation of social relations, as well as the state of the natural environment necessitate the study of the origins of development and the formation of Ukrainian legislation in this area. Rapid rates of man-made load, depletion of natural resources, impossibility (or slow) recovery of natural resources - all these are factors that encourage rapid further steps towards innovative solutions to the use and protection of the environment. Alternative energy sources, the so-called renewable energy sources, are becoming increasingly popular due to their potential and environmental and economic characteristics of use. The object of the origins of the development of legal relations on the use and protection of the environment in the field of innovation. The subject of the study is the historical aspects of the regulation of legal relations on the use and protection of the environment in the field of innovation. The state of research of the problem. The origins of scientific research on the relationship between the use and protection of the environment have repeatedly attracted the attention of researchers. In particular, in this area there were publications of legal scholars: A.P. Hetman, H.V. Anisimova, V.L. Bredikhina, M.V. Krasnova, Y.S. Shemshuchenko, N.R. Malysheva, G.N. Polyanskaya, V.G. Emelyanova, V.V. Nosik and others. However, the study that would be aimed at analyzing the normative regulation of legal relations on the use and protection of the environment in the field of innovation has not yet been, which prompted us to choose this topic of research. The target of this research is to identify and analyze the origins of legislation and scientific achievements in this area. Scientific novelty is the search for and further development of an effective mechanism for regulating the legal relationship between the use and protection of the environment in the field of innovation. Article’s main body. The historical continuity and recurrence of the main legal forms, as emphasized in the literature, make it possible to predict the direction of further development of legislation taking into account the maximum use of valuable historical experience, on the one hand, and avoid future use of legal forms that have failed. Conclusions. Today we can conclude that nature management is irrational, leads to depletion (or disappearance) of natural resources, there is a violation of the ecological balance of natural systems - as a result of rising Earth temperature, destruction of ecosystems, deteriorating human health. Rapid population growth has been observed with great progress, and industrial development has contributed to the increase in energy consumption and the use of non-renewable energy resources, the mass consumption of which has had negative consequences for the environment. Unlike countries with more developed economies, Ukraine is only at the beginning of its path of saving the environment, but instead continues to operate an extensive type of economic development. Natural resources are not used efficiently enough, and if we do not take decisive action, we can already have irreversible consequences. The answer to this should be alternative energy sources - renewable, resource-saving, waste-free (low-waste).

Defining the Areas of Cooperation between Russia and China Within the SCO: Organizational and Economic Aspects

Purpose. The article discusses the interaction of Russia and China within the framework of the Shanghai Cooperation Organization, and the formation and development of legal relations in the context of goals, objectives and functions defined by the SCO Declaration. The article characterizes the regulatory aspects of the priority directions and the prospects of Sino-Russian cooperation, in particular in the sphere of security and stability in the Central Asia.Design/methodology/approach. The SCO constituent instruments and statistical information on the Sino-Russian relations were analyzed.Findings. Russia and China’s common objectives in their joint activities were defined. The differences were indicated in the approaches to the further development of the SCO in the near future. The legal instruments regulating multilateral cooperation of the SCO member states, including Russia and China as major actors, require further dynamic improvement. The Sino-Russian relations transformed the SCO into a multi-sectoral eclectic structure. Although these two countries have significantly different interests in the SCO, contradictions can be resolved through bilateral agreements.Originality. The study points to the problem that international treaties that formalize the cooperation of the SCO member states, including Russia and China despite their leading role, need robust improvement, and the international treaty framework should evolve multilaterally.

Зарубежный опыт правового обеспечения защиты чести, достоинства и деловой репутации

The article examines the concept and development of legal relations in the field of the protection of honor, dignity, and business reputation in foreign legislation, where they are part of the legal institution of defamation. The research involved the formal-legal and comparative-legal techniques based on the principles of historicism and objectivity. The article features a retrospective summary of theoretical, normative, and practical approaches to the conceptual application of the institute of defamation in the countries of the Anglo-Saxon and continental law. The Anglo-American defamation law is formed both within the general and statutory framework. Special legislative acts of the United Kingdom define the conditions (criteria) for classifying these legal relations as essentially defamatory. The peculiarities of the continental defamation law can be attributed to its mainly criminal-legal regulatory component, rather than civil or administrative law. The comparative legal review of the foreign experience of legal support for the protection of honor, dignity, and business reputation proved relevant and practically significant.

Искусственный интеллект и интеллектуальная собственность

In the article, prepared on the basis of the author’s plenary report presented at the XII International Forum “Innovative Development through the Intellectual Property Market”, held in Moscow at the MSLA on October 30, 2020, issues arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society are considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity are discussed. Questions of copyright and ownership are raised and proposed in the interaction of man, collective and artificial intelligence or artificial intelligence systems. Issues related to artificial intelligence as an object of intellectual property are considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems is presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject — a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights are also discussed, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data are considered. It is proposed to harmonize international intellectual property rights policies to reduce the technological gap between countries in the context of artificial intelligence development.

ACTUAL ISSUES OF LEGAL RELATIONS DEVELOPMENT OF INTELLECTUAL PROPERTY LICENSING

The article considers the main trends in the development of legal relations in the field of granting the right to use (licensing) intellectual property. It has been established that the content of classic license agreements, which is exclusively patent, ie based only on the transfer of rights to inventions protected by patents, is currently losing relevance. Licensing agreements mostly regulate the relationship between several intellectual property objects with different legal regimes (complex agreement) and include elements of different legal relations (mixed agreement). A modern license agreement is an agreement that consists not only in granting permission to use intellectual property, but in general the set of obligations of the licensor to provide the licensee with technical secrets, special knowledge, specific experience and a range of assistance services (consulting, debugging, training) on their use (technical assistance) and application (supply of equipment, materials, components, raw materials, etc.). The content of the negative agreement, based on the owner's non-denial of the rights to use the patented invention, becomes a positive obligation, which is to create a practical opportunity for the licensee to use intellectual property to achieve a certain technical result. The general trends in the development of licensing relations are the desire to facilitate the turnover of objects by simplifying the procedure for concluding agreements, easing the requirements for the form of agreements, the transition from licensing to compensatory, and strengthening the role of electronic agreements and accession agreements. It is established that the legislative regulation requires the definition of the technology transfer agreement, set out in the current legislation and the procedure for concluding license agreements with the use of electronic digital signature. Ukraine's ratification of the "Singapore Trademark Agreement" requires amendments to bylaws to simplify the procedure for registering license agreements.

The Urgency of Amendment to Law Number 32 of 2002 concerning Broadcasting as the Legal Umbrella for OTT Services

Digitalization is a global phenomenon that has an impact on changing social conditions. The Broadcasting Bill itself is canceled to be a priority in the 2020 Priority National Legislation Program even though there is a lot of material contained in the law itself needs to be updated immediately according to the times. Therefore, the function of conducting this research is to seek answers in terms of legal certainty regarding the development of legal relations with technological developments in the era of digitalization and constitutional interpretation in the digitalization era that supports sustainable economic development and is in accordance with the Indonesian national identity. This study uses a quantitative juridical analysis method, which is in the form of in-depth research on legal materials and data as usual as normative law. Furthermore, the results of the analysis will be linked to the problems in this study to produce an objective assessment to answer the problems in the research. The results of the research show that the OTT services cannot be in the scope of Law Number 32 of 2002 concerning Broadcasting, therefore the Constitutional Court must play a strategic role in carrying out rapid and precise reforms so that statutory norms can be consistent with the development of society, especially due to developments. Digital technology. The most ideal and relevant constitutional interpretation of the Judicial Review case against this law would be: Consensualism, Prudential and Futuristic with an emphasis on legal certainty for Over the Top (OTT) services and on socio-economic impacts significant impact on the general welfare. It is necessary to revise the Broadcasting Law with the intention of maintaining national integration to establish a national broadcasting system that guarantees the creation of a just, equitable, and balanced national information order in order to realize social justice for all Indonesian people.

Влияние четвертой промышленной революции на трансформацию норм охраны труда

The Fourth industrial Revolution, together with the transformation of labor law in connection with the further digitalization of production processes, implies further development and change of the norms of the Institute of labor protection. Based on the analysis of possible prospects for the development of legal relations in this area, the conclusion is made about the complexity of legal regulation of labor protection due to the increase in the volume of remote labor and the use of online control of production processes. English version of this article is available at URL: https://panor.ru/articles/impact-of-the-fourth-industrial-revolution-on-the-transformation-of-labour-safety-standards/63659.html

Intellectual property and artificial intelligence

Issues, arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society, have been considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity have been examined. Questions of copyright and ownership in the interaction of man, collective and artificial intelligence or artificial intelligence systems have been raised and proposed. Issues related to artificial intelligence as an object of intellectual property have been considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems has been presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject – a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights also have been considered, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data have been considered. Harmonization of international intellectual property rights policies to alleviate the technological gap between countries in the context of artificial intelligence development has been examined.

Procedures for Completing Small Claims Lawsuit of Civil Cases in District Court in Indonesia

The development of legal relations in the economic and other civil sectors in community highly requires a faster and less costly dispute resolution process, especially in small civil disputes. In connection with this matter, Indonesian Supreme Court issued various Supreme Court regulations, including Regulation No. 2 of 2015 concerning Procedures for Completion of Small Claims. The issuance of this regulation was to resolve special civil disputes regarding the acts against the law. In a small claim court lawsuit, it is required that the plaintiff and defendant be in the same jurisdiction. The value of the material suit in a small claim lawsuit is at most IDR 200 million or equal to 13,811 USD. Furthermore, for a small claim examination and verification of a lawsuit, it is carried out in a small manner, where the period of completion is determined a maximum of 25 days from the first trial day to the decision.

On the participation of citizens in enchancing the efficiency of law enforcement agencies as entities protecting the financial and economic security of Ukraine

The paper deals with the research of the issue of citizen participation in enhancing the efficiency of the Ukrainian law enforcement agencies as entities protecting the financial and economic security of the state, which is caused by the European integration processes in the state and the adaptation of powers, the organizational structure of the law enforcement agencies to the existing generally recognized international standards, and bridging the gap between the public and law enforcement agencies, including those that protect the financial and economic system of the state. The paper states that such inconsistency with the conditions of social development hinders the further development of legal relations in almost all spheres of public and state life. Formal and logical, analytical and sociological research methods were used to find out the current state of evaluation of the activities of law enforcement agencies that protect the financial and economic security of the state. It is concluded that the work of the National Anti-Corruption Bureau of Ukraine and the tax police of the State Fiscal Service of Ukraine have the lowest rating. The factors that determine the inefficiency of these entities are highlighted. The paper describes criteria proposed by respondents for evaluating the activities of law enforcement agencies as entities ensuring financial and economic security of the state. Emphasis is placed on public confidence as a criterion for evaluating the activities of these entities. The need for such a criterion is justified by the fact that the principles of law enforcement agencies are the control and accountability to society and state agencies defined by law, openness to democratic civil control. It is concluded that enhancing the efficiency of law enforcement agencies as entities protecting the financial and economic security of Ukraine should involve the public in competitive selection for posts, consideration of cases of disciplinary offenses of employees, giving public organizations the opportunity to monitor the activities of law enforcement agencies, and informing the citizens by the latter about the results of their activity.

The project management of the development and use of information and communication technologies in the digital economy

The purpose of this article is to present the results of the study of the impact of normative legal acts on the development of legal relations in the field of information and communication technologies in the plans of Informatization of the Federal Executive authorities in the process of exercising their respective powers. In order to achieve this goal, about 20 documents, including orders of ministries and departments, were analyzed within the framework of this work. To conduct the study we used the system method, with which help, was developed informational model, allowing to represent the whole range of the authority that they exercise in the interests of constructing a system of project management for the planning of Informatization of state authorities.As an example, the powers of the Ministry of Foreign Affairs of the Russian Federation were examined. The model takes into account more than 70 different powers, which in this work are systematized in 30 areas. particular, such as: charge; acts; makes; gives; yields; concludes; informs; claims; coordinates; provides; generalizes; render; alerts; identifies, organizes, organizes and provides; organizes, conducts and provides; implements; monitors; prepares; is; taking; conducting the work; develops and presents; implements; independently adopts regulatory legal acts; assists; sets; claims; engages. The approach to the description of powers using the information model allowed to correlate them with the plans of Informatization of the above-mentioned Department.Based on the results of the work, it has concluded that this approach can be used in the process of developing and substantiating proposals for amendments to the current legislation, taking into account the main provisions of the Strategy for the development of the information technology industry and the program “Digital economy of the Russian Federation”.

Establishment and development of legal relations in Ukraine border security: from archaic law to the present

Establishment and development of legal relations in Ukraine border security: from archaic law to the present