Legal Relations Research Articles

Research on Network Novel Infringement

The rapid development of the Internet has brought great changes to our lives and has had a far-reaching impact on the law. In the context of the Internet, the network culture represented by network novels has gradually entered the historical stage and has become an important part of China's cultural system. However, with the continuous increase in the total number of online novels, copyright infringement cases of online fiction are also increasing. Especially in the present, China's legal system for the protection of copyright in network novels is still not perfect, and the infringement of copyright in network fictions continues to emerge. Clarifying the relevant legal relations of network novels is also an important premise to solve their dilemma. On the basis of explaining its concept, this paper analyzes the case, points out the existing problems based on practice, and finally puts forward constructive suggestions.

Ecocide in the dimension of the constitutional and economic law of Ukraine

The article reveals the concept of ecocide, its negative impact on constitutional and economic legal relations and the consequences of such an act, especially during the period of martial law. In fact, since the beginning of the war, we have been observing the purposeful destruction of the ecosystem, flora, fauna, industrial, energy and infrastructure facilities, natural resources and the environment of the country. These offenses directly encroach on the normal state of social and legal relations in the sphere of economy, on the right to a safe environment and on the preservation of the gene pool of the Ukrainian people. The author draws attention to the fact that in Ukrainian legislation the concept of ecocide is defined in the Criminal Code of Ukraine and the appropriate measure of punishment is provided, namely from eight to fifteen years of imprisonment. It is emphasized that this criminal offense encroaches on a wider range of social and legal relations, namely property, economic entities and objects, the social position of the population, the life and health of a person, his safety and integrity. This is a violation of the norms of the constitutional and economic law of Ukraine. The study concluded that the mass destruction of flora and fauna, forests, poisoning of water bodies, interference with the ecosystem of Ukraine has extremely socially dangerous consequences not only for Ukraine itself, but also for Europe (for example, many objects of the Emerald Network are under threat of destruction and they are protected at the pan-European level) and for the world in general (for example, the impact on the atmosphere, hydrosphere and biosphere of the Earth as a result of the use of weapons). Unfortunately, air pollution has no boundaries. The article emphasizes that it is military ecocide as a criminal offense against the environment that requires clearer and more detailed legal regulation in the national legal system as well as in the international legal field, and generally recognition of such an offense that encroaches on humanity as a whole. After all, ecocide can be equated to such criminal offenses as crimes against humanity and genocide.

Separate issues of determining the characteristics and types of public property as an object of administrative and legal relations

Separate issues of determining the characteristics and types of public property as an object of administrative and legal relations

General characteristics of technologies, innovations in intellectual property law

In this work, we consider technologies, innovations and intellectual property rights. In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.

Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence

The article is devoted to highlighting problematic aspects of the implementation of artificial intelligence in the field of jurisprudence, in particular, in certain branches of law. Due to the rapid development of neural network capabilities, artificial intelligence is a tool for quickly completing tasks and processing information in various spheres of society, including in jurisprudence. Therefore, for a comprehensive analysis, it is necessary to identify problem areas for the implementation of such a phenomenon. It is noted that today there is no unified approach to defining the concept of artificial intelligence. The authors provide several definitions of this concept for the most complete understanding of the essence of artificial intelligence. The legislation does not contain a normative legal act dedicated to the issue of the essence and procedure for using artificial intelligence, which gives rise to such dilemmas. Despite the widespread use of artificial intelligence capabilities among citizens, there is a lack of interest, funding and development of educational methods for the effective use of artificial intelligence in professional activities on the part of government authorities. It is also stated that the introduction of artificial intelligence into professional activities requires staffing with specialists who can service the software. The problems of introducing artificial intelligence in the field of legal proceedings are analyzed. The use of artificial intelligence by courts risks undermining the autonomy of courts and the independence of judges. Artificial intelligence is not able to comprehensively evaluate evidence and make decisions based on moral standards. The issues of transparency of courts, guaranteeing fundamental human rights and freedoms, and software reliability remain open. The legal status of artificial intelligence in civil law is considered. Since artificial intelligence is capable of creating a work, questions remain regarding the protection of copyrights using artificial intelligence and legal liability in case of copyright infringement. A debatable and controversial topic is the definition of artificial intelligence as a subject or object in a civil legal relationship. It has been determined that the introduction of artificial intelligence in criminal proceedings can become a factor in increasing cyber attacks on the neural network with the aim of stealing, destroying, and making data public.

Certain aspects of the influence of digitalization on the development of economic legal relations

Certain aspects of the influence of digitalization on the development of economic legal relations

Financial assets in the system of financial legal relations

Financial assets in the system of financial legal relations

The Cartojuridism of the British East India Company

Abstract This paper will engage with the early colonial maps of the British East India Company to analyze its representative, as well as creative, functions, delineating how maps represent existing legal relations, entrench hierarchies, and visually transmit projected, and aspired, notions of legal authority and sovereignty. This paper studies the constitutive role of cartography apropos law, territory, and social order, in a specific historical context, by examining the crucial political role played by the British East India Company's cartographic practices and maps in aspiring and imagining the transplantation and establishment of English sovereignty in the Indian subcontinent. This paper will also show how British maps visually entrenched and supplemented unique forms of social hierarchy and marginalization, and legal categories and stratifications, in Indian cities. By analyzing maps, memoirs, cartouches, dedications, ornaments, plans, prospects, and historical manuscripts appertaining to the eighteenth and early nineteenth century operations of the Company, this paper will demonstrate, firstly, that cartography preceded, visually imagined, and set the stage for the coalescence of British sovereignty and the expansion of its law in the Indian subcontinent; secondly, that cartography provided the visual support for social ordering; and thirdly, that maps do not have a singular function. This paper proposes a notion of cartojuridism to capture the myriad ways in which cartography, law, sovereignty, and society intersect and relate with each other.

Kedudukan Pencatatan terhadap Keabsahan Perkawinan: Telaah Pencatatan Perkawinan

The practice of sirri marriage is not only carried out by ordinary people, but also by public officials. One of the factors causing this is due to the unclear relationship of legal norms between paragraph 1 and paragraph 2 of Article 2 of the Marriage Law, resulting in different interpretations. On the one hand, it is considered that paragraph 1 and paragraph 2 are one unit, on the other hand, it is considered that the clauses stand on their own. Starting from this, this paper explains the relationship between paragraph 1 and paragraph 2 of Article 2 of the Marriage Law. Data is collected from literature review through library studies. It uses maqashid shari'ah as an analytical tool. This paper argues that the position of marriage registration is in direct contact with the dharuri needs of humans, including the legal protection of wives from physical and psychological violence (hifdz al-nafs), the protection of property obtained during marriage (hifdz al-mal) and the protection of children born from marriage (hifdz nasl). By placing the legal relationship between paragraph (1) and paragraph (2) into an inseparable unity, from the perspective of maqashid shari'ah. So, every marriage that is held is not enough just to fulfil the pillars of marriage but also the elements of marriage registration must be fulfilled in a valid marriage. Keywords: Marriage Registration, Maqashid Shari’ah, Marriage Validity

DISPUTE SETTLEMENT ANALYSIS AND REFUSED CLAIMS IN PAYMENT GATEWAY TRANSACTIONS ON PAYPAL INDONESIA

In transactions using Paypal, of course, there are many reasons for the risk of disputes occurring, ranging from delays in delivery, damaged goods, and transactions without authorization. The problem will be different when they carry out business transactions in different regions of the country and they have different nationalities. The research method uses a normative and empirical juridical approach, a normative juridical approach is carried out by studying legal norms or rules, while the empirical approach is carried out by direct interviews with sources who will relate to research problems, the data analysis used is qualitative. In trading transactions via the internet, trade is generally carried out by people who are located and subject to different countries and jurisdictionsThe legal relationship between Payment Gateway Users and Payment Gateway Providers At Fintech Paypal Indonesia is where the parties involved in the electronic payment system include consumers, business actors, acquirers, issuers and payment gateway providers. legal relationships that arise between consumers, business actors, acquirers, issuers and payment gateway operators are born from agreements made by the parties. Dispute Resolution and Chargeback Claims in Payment Gateway Transaction activities on Paypal Fintech where the paypal system provides services can communicate directly with the seller by opening a dispute at the Paypal Dispute Settlement Center. if it is not completed in following the policies provided by paypal services, consumers or business actors can ask for recommendations to mediate to the paypal service center but if they are not finished, business actors and consumers can resolve disputes through litigation, which usually business actors are subject to the applicable law, applies where the consumer is a national.

Digital Financial Assets: Concept and Legal Nature

Tokens and other digital technologies, in essence, can be considered neither property nor objects of civil law, nor are they inherently a part of civil rights per se. These technical solutions acquire a corresponding legal status only when they become an object of such legal relations. When this occurs, they are considered digital assets and are consequently subject to legal regulations. The legal nature of tokens is amatter of much dispute: some define them as objects of civil law, while others view them as a means to confirm the rights to a legal object. This article aims to prove that tokens can serve both functions. In most cases, tokens serve as a means of confirming rights to certain tangible objects (for instance, tokens as a means to secure civil rights). In this function, tokens for cryptocurrencies and digital securities, however, become legal objects in and of themselves because they play a part in legal relations (that is, tokens serve as a legal object). Tokens can be objects of absolute and relative rights. The common law doctrine treats an absolute right to cryptocurrencies and digital securities as a property right. Continental law, on the contrary, cannot include them in the property rights category since property within this legal framework is always tangible. Digital assets, however, are intangible. Therefore, they are not property. This article suggests that digital assets are objects of a new absolute right that is similar to property rights, except for one distinction: an object is not necessarily a thing. Based on the authors’ concept, this new right can be referred to as an absolute digital right.

FORMA HARTIJA OD VREDNOSTI PRAVNO-EKONOMSKA ANALIZA

Unavoidable question to determine whether there are and what is the significance for the assessment of the legal nature of securities of changes in essential form, and more precisely, the abandonment of a security as a written document in the form of an incorporeal scriptural record, regardless of whether this principle (let's call it by the principle of registration), realized in the register of accounting or computer techniques. This is where we encounter the inaccuracy of the formulation adopted until now, which did not come to the fore in the conditions of non-existence of competition in the form of securities. Namely, we identified the legal relationship from the security with its apparent form as an essential form. In order to examine the legal nature, not of a security as a form (which cannot have a legal nature in the aforementioned sense), but of the right embodied in such a form, it is clear that we are talking about and establishing the existence of possible effects of changes in the form in which it is incorporated, i.e. presented (in a dematerialized way) the same right.

Legal Cooperation of Kazakhstan with the BRICS Countries on the Production and Operation of Medical Electric Vehicles with Artificial Intelligence Technologies

This scientific article is devoted to the study and analysis of legal relations between the Republic of Kazakhstan and the BRICS countries in the field of the production and operation of medical electric vehicles with artificial intelligence technologies. Particular attention is paid to legislative measures that promote the formation and development of a new industrial sector, such as the production of medical electric vehicles with artificial intelligence technologies. The research uses a number of methods, including studying empirical data, comparative legal analysis, synthesis, generalization, and scientific forecasting. The article proposes legislative measures to solve the problems facing the medical electrical machinebuilding industry and the unmanned medical electric vehicle industry, as well as the difficulties of integrating automation and digitalization into the production process of transportation plants in Kazakhstan and the BRICS countries. In the order of forecasting, the authors propose the adoption of several laws that are relevant to the issue under consideration. These proposals include the signing of new international cooperation agreements between Kazakhstan and the BRICS countries aimed at the introduction of digitalization at machine-building plants in Kazakhstan for the production of medical electric vehicles equipped with artificial intelligence technologies.

Protecting the Rights of Medical Services Consumers

The article aims to analyze the legal aspects of protecting the rights of medical services consumers by identifying the parties of legal relations, establishing the specifics of medical services, the elements of violations of patients rights, the procedure for protecting the rights of medical services consumers. The system of general scientific and special methods, including dialectical, axiological, formal and legal methods has been applied during the research. It has been indicated that primary (medical services consumers, an entity providing medical services) and auxiliary subjects participate in legal relations for protecting the rights of medical services consumers. It has been proved that legal relations for protecting the rights of medical services consumers are characterized by: relations arising and being implemented in the healthcare sector; participation of entities with a special status (patient – hospital) in legal relations; application of a set of norms of medical law and protection of consumers rights; the fact of medical rights violation. It has been concluded that the legal fact of violating a patient’s medical rights in the form of a medical tort is the reason for the emergence of legal relations for protecting the rights of medical services consumers.

Ostrogothic Conquest of Italy (488-493) as a Formal Re-Establishment of the Dominion of the Eastern Roman Empire

The topic of Theodoric’s campaign and its connection to the interests of Constantinople remains relevant and important. Studying this topic helps provide a better understanding of geopolitical processes, the influence of the Eastern Roman Empire on the West, the political and legal aspects of the interaction between different regions of the empire, and the influence of “barbarian” peoples on the formation of medieval Europe.The focus is on studying the political, legal and geopolitical aspects of this period of transition from antiquity to the Middle Ages. The paper academic deals with the legal characterization of the Ostrogothic conquest of Italy at the end of the V century. The primary sources and different historiographical schools are analyzed; the specifics of political and legal relations between the Roman Empire and the federate kings (commanders) are investigated. The personality of the Ostrogothic king Theodoric the Amal, who in 483 received the status of magister militum (commander-in-chief) and consul of the Roman Empire, is in the center of attention. 

THE LEGAL CONSEQUENCES OF UNDERAGE MARRIAGE IN THE MERARIQ CULTURE OF THE SASAK TRIBE IN MEREMBU VILLAGE, LABUAPI DISTRICT, WEST LOMBOK REGENCY

The culture of marriage varies from region to region, influenced by religion, customs, and community environment. One of them is the Merarik culture of the Sasak tribe in Lombok. This study aims to analyze the settlement of underage marriages and their legal consequences in the Merarik culture of the Sasak tribe in Merembu Village, West Lombok. The research method uses empirical legal methods and qualitative approaches with primary data from the research location and secondary data from reliable sources. Data collection techniques include observation, interviews, and document studies. The results showed that the process of settling underage marriages was carried out through negotiations and mediation involving village heads, religious leaders, and local communities. The legal consequences affect marital status, husband and wife, children, and property. Unregistered marriages are not recognized by the state, so the wife loses her rights if abandoned, divorced, or the husband dies. The child of the marriage only has a legal relationship with the mother and the mother's family, without a legal relationship with the father. Therefore, it is recommended that authorized institutions provide counseling on the importance of state-recognized marriages to prevent adverse effects in the future.

THE IMPACT OF THE PROBLEMS OF DETERMINING JURISDICTION IN THE VIRTUAL SPACE ON THE PROVISION OF HUMAN RIGHTS AND FREEDOMS

In many cases, the existing legal regulations are not adequate to solve the legal problems created by the Internet. Solving the legal problems created by the Internet with existing positive regulations is a situation specific to the special field of law. In cases where the existing normative documents are insufficient, it is considered appropriate to add new provisions that complement each other, and if this is not possible, to make independent legal regulations. The fact that such arrangements are based on doctrine rather than spontaneity can ultimately lead to successful practice. Therefore, the interpretation of the human rights aspect of issues related to virtual space is one of the most important topics today. The most important issue related to the protection of human rights violated in the virtual space is the resolution of the issue of jurisdiction. Issues related to the Internet have also been reflected in all international declarations adopted in the field of information society construction, including the provision of information rights. At the regional level, the Declaration "On Freedom of Communication on the Internet" adopted by the Committee of Ministers of the Council of Europe in 2003, the Recommendations of the Committee of Ministers of the Council of Europe on the Human Rights Guide for Internet Users to Member States, etc. such documents are of special importance for the regulation of Internet legal relations. However, no international norm fully covers the issue of jurisdiction in virtual space. In the presented article, as a result of the research, it was concluded that it is necessary to create unified substantive and procedural legal norms that are mandatory for all in order to solve jurisdictional problems in the virtual space. Acceleration of integration and globalization processes in the world increases the interest of states in the unification of their legal norms. Because the countries of the world, which often protect their citizens from violations of their rights on the Internet, as well as from more dangerous information wars and psychological attacks, need the existence of a unified legal regulation. For this purpose, the creation and unification of legal norms that resolve jurisdictional issues in the virtual space should be implemented at different levels: bilateral, regional and universal levels

Study on the Essence of the Legal Relationship Between Universities and College Students

The legal relationship between universities and college students has been an important issue of concern in academic and judicial practice in recent years. The author believes that the essence of the relationship between universities and college students is a special legal relationship of rights and powers, which is different from strict administrative legal relationships, civil legal relationships, and is not a simple dual legal relationship. Universities should respect the status of college students as the subject of rights and safeguard their rights.

The Effectiveness of the Government Regulation Concerning Franchises in Resolving Franchise Business Disputes in Indonesia

<p>Franchising is a business system that is growing with the current in Indonesia and the legal relationship between the franchiser and the franchisee is regulated in a contract that regulates the rights and obligations of the parties who have a relationship to comply with the contents of the agreement, which if violated can have consequences for the future law according to the agreement in the franchise agreement. Since the enactment of Government Regulation No. 42 of 2007, franchise business disputes still occur in Indonesia, such as abuse of franchisor authority, quality of technical and managerial support provided by franchisors to franchisees, and unfairness in profit sharing between franchisees and franchisees. This study aims to examine the effectiveness of Government Regulation No. 42 of 2007 as a legal basis for resolving franchise business dispute cases in Indonesia. The research method used is normative legal research with a literature study approach. The results showed that Government Regulation No. 42 of 2007 is a regulation that regulates the mechanism for resolving business disputes in Indonesia, including in the case of franchise business disputes. This research also identifies several challenges that may be faced in the application of Government Regulation No. 42 of 2007 in resolving franchise business dispute cases, such as the complexity of the dispute resolution process, limited access to dispute resolution institutions, and low awareness and understanding of business people regarding the dispute resolution mechanism regulated in the regulation. Steps are needed such as counseling and persuasive approaches to franchise business actors regarding the importance of resolving business disputes through the mechanisms regulated in the regulation, monitoring, and evaluation of the dispute resolution process carried out by the appointed institution.</p>

Несколько проблем процессуального соучастия в гражданском процессе

This article deals with the institution of procedural participation, including some issues related to the concept of it in civil justice, the difference between these institutions from other institutions, and the problems of their application in practice. The problem of protecting violated or disputed rights and protecting legally protected interests is becoming particularly relevant in the context of the development of the legal system in the Russian Federation. The resolution of claims with the participation of one plaintiff and one defendant in the case does not always make it possible to protect the entire range of rights related to material legal relations. A new feature of the research is to study not only the theoretical side of the procedural process, discuss issues related to the concept, grounds and classification of the procedural process, but also to address and propose ways to resolve controversial issues related to the theory and practice of the application of procedural complicity.