Rights Of Persons Research Articles

Administrative and legal measures to ensure the security of personal data when disclosing information by the government in China

Government disclosure is an inevitable choice to improve public services in the era of big data. In order to meet the new requirements for building a digital government in the era of big data, the government authorities of the People’s Republic of China have implemented a number of strategies and measures for the open use of government data through the overall integration of government informatization work. In recent years, the open use of government data has played a very important role in building a legal system and platforms, but it still faces many real dilemmas, such as the low level of legislation for the open use of data and security for government disclosure of data, vague definition of data ownership and the extent of openness, insufficient supervision and management openness and use of data. In order to ensure effective protection of personal information when disclosing information by the government in the era of big data, it is necessary to improve the mechanism of legal protection of personal information and the system of legal regulation of the use of government-opened data, improve the system for regulating conflicts of legal benefits based on the principle of proportionality, create and optimize an environment for the development and use of government data, as well as develop a mechanism for assessing privacy risks and raise awareness about the protection of personal data and rights.

Evaluation of the Incompatibility of the Distributed Ledger (Dl) With the General Data Protection Regulation (GDPR): How Can the Dl Decentralisation and Immutability Fit With the GDPR Rules and Personal Data Rights?

Evaluation of the Incompatibility of the Distributed Ledger (Dl) With the General Data Protection Regulation (GDPR): How Can the Dl Decentralisation and Immutability Fit With the GDPR Rules and Personal Data Rights?

THE POSITION OF THE PERSON ACTING AS THE EXECUTIVE BODY OF THE COMMUNE IN THE LIGHT OF THE PROTECTION OF ITS PERSONAL RIGHTS

This paper presents the issues related to the protection of personal rights of a person performing a public function – the executive body of a local government unit In the first part of the work, the essence and classification of personal rights in both doctrine and jurisprudence were analyzed. Then, the elements of the definition were presented, including legal regulations, and the classification of personal rights was made. In the further part of the study, individual personal rights are discussed, i.e.: human life and health, bodily inviolability, bodily integrity, defamation, insult, freedom and freedom of conscience, surname and pseudonym, marital status - a sense of gender, image and voice of a person, secret of correspondence, inviolability of housing, scientific, artistic, inventive and rationalizing work, the cult of a deceased person, family tradition, bonds between parents and children, the possibility of using the natural environment, including password protection, and the title of profession. The next part of the article is devoted to the analysis of jurisprudence and literature in the aspect of limiting the personal rights of public officials, which led to the conclusion that the fundamental personal right subject to limitation is the right to privacy. Consideration of the subject matter, especially in the context of legal regulations, led to the conclusion that, despite many legal acts regulating this matter, the indication of the demographic line regarding the public involvement in the private sphere of people who perform public functions is a source of many dilemmas and serious controversies.

CAN WE TALK ABOUT NASCITURUS’ PERSONAL GOODS – ANALYSIS IN THE LIGHT OF POLISH LAW

The purpose of this text is to attempt to answer the question whether a nasciturus can benefit from the protection of personal rights provided for in Art. 23 in relation to joke. 24 of the Civil Code. Consideration was given to the roots of all rights and freedoms, namely dignity and its possible entitlement to nasciturus, was considered, and a synthetic analysis of the nasciturus’ legal authority and personality was made, which is a necessary condition to consider the possibility of protecting his personal rights. This article refers not only to typical personal rights, such as life or health, but also considers the possibility of making a claim in case of image or family ties violation (bond with a close person). The considerations present an innovative understanding of the nasciturus’ personal rights, which is important in the era of technological development.

Stress Management Training For Persons With Disabilities In Sedayu District

People with disabilities have a high level of stress. People with physical disabilities are often not accepted by society, criticized, stigmatized and not encouraged to live independently and productively so that they become psychological pressure. People with disabilities are often seen as a burden to families and society. Proper infrastructural support for persons with disabilities is also lacking. One of the efforts to fulfill the rights of persons with disabilities is by establishing an Inclusive Village or a disability-friendly village to be implemented by village government. Persons with disabilities are expected to have equal opportunities to participate in development. Through inclusive villages, it is hoped that the community will support the fulfillment of the rights of persons with disabilities to be productive. Motivation and mental health are one of the factors that affect the productivity of persons with disabilities.
 LazisMu as an activity partner, is a forum for people with disabilities to increase productivity and independence. Argosari Village, Sedayu, Bantul, Yogyakarta has a commitment to become an inclusive village. The Community Partnership Program that has been implemented before is to form an organization of persons with disabilities in Argosari village which includes economic empowerment. Increasing motivation and mental health for persons with disabilities are factors that must be developed so that economic empowerment for persons with disabilities can run well and realize the productivity of persons with disabilities.
 This community service program is expected to be able to overcome the problem of the need to increase the motivation and mental health of persons with disabilities in Argosari Inclusion Village, Sedayu, Bantul by practicing effective stress management. Activities carried out through training. The activity began with the preparation of the stress and motivation management module for persons with disabilities which was compiled by the community service team. Furthermore, the module will be trained for persons with disabilities in Argosari Inclusion Village, Sedayu, Bantul. Participants were 23 persons with disabilities from Argosasi Village, Sedayu, Bantul. Assessment of the stress level of the participants was carried out at the beginning of the activity using the Self Reporting Questionnaire (SRQ-20) and the results showed that 7 participants (30%) had a score > 6 or experienced mental emotional disorders. After the training, participants said they really felt the benefits of this community service activity and would continue it on an ongoing basis in each village in Sedayu sub-district, Bantul

Stress Management Training For Persons With Disabilities In Sedayu District

People with disabilities have a high level of stress. People with physical disabilities are often not accepted by the society, criticized, stigmatized, and not encouraged to live independently and productively so that they become psychologically pressured. People with disabilities are often seen as a burden to families and society. Proper infrastructural support for persons with disabilities is also lacking. One of the efforts to fulfill the rights of persons with disabilities is by establishing an inclusive village or a disability-friendly village to be implemented by village government. Persons with disabilities are expected to have equal opportunities to participate in the development process. Through inclusive villages, it is hoped that the community will support the fulfillment of the right of persons with disabilities to be productive. Motivation and mental health are two of many factors that affect the productivity of persons with disabilities.
 LazisMu, as the research partner, provided a forum for people with disabilities to increase productivity and independence. Argosari village in Sedayu, Bantul, Yogyakarta has a commitment to become an inclusive village. The community partnership program implemented before was to form an organization of persons with disabilities in Argosari village of which one of the goals was economic empowerment. Motivation and mental health for persons with disabilities are aspects that must be developed so that economic empowerment for them can run well and can be more productive.
 This community service program was expected to be able to overcome the problem of the need to increase the motivation and mental health of persons with disabilities in Argosari inclusive village in Sedayu, Bantul by practicing effective stress management. The activities were carried out through training. The activity began with a preparation for a module of stress and motivation management for persons with disabilities which was compiled by the community service team. Furthermore, the module was implemented for the target participants. Participants were 23 persons with disabilities from the related village. The assessment of the participants’ stress level was carried out at the beginning of the activity using the Self Reporting Questionnaire (SRQ-20), and the results showed that 7 participants (30%) had a score of > 6 or experienced mental emotional disorders. After the training, participants said they really felt the benefits of this community service activity and would continue it on an ongoing basis in each village in Sedayu sub-district, Bantul

Prison Overcrowding and Harsh Conditions: Health and Human Rights Concerns to Persons in Custody, Staff, and the Community

The article explored overcrowding in Ghana prisons and sought to understand its impact on the health and well-being of persons in custody and prison officers. Qualitative data from 38 participants who were serving terms or working in three prison facilities in Ghana revealed three themes, including (a) fear over the spread of communicable diseases, (b) limited access to basic resources, and (c) psychological and emotional burden, attributing them to overcrowding in the prisons. We discussed the findings from human rights and prison and public security perspectives and concluded that addressing overcrowding in prisons would ensure a healthy prison environment, which may have implications for the well-being and human rights of persons in custody, as well as public safety and the health of prison officers and the community. To achieve a healthy prison, policies should target prison depopulation and commitment from stakeholders to implement local and international prison rules and conventions.

A case for the inclusion of oculocutaneous albinism as a skin-related Neglected Tropical Disease

Oculocutaneous albinism (OCA) is genetically transmitted. In this paper we advocate for this disease to be included in the NTD list of the WHO. OCA type 2 is the most common form of albinism in sub-Saharan Africa, with a prevalence of 1 in 7900 among the Bamileke of Cameroon, 1 in 3900 in South Africa and 1 in 1100 among the Ibos of Nigeria, as compared to a prevalence of 1 in 10,000 among African Americans and 1 in 36,000 among White Americans and Europeans. The medical problems related to ophthalmological aspects (poor visual acuity, ametropia, nystagmus, photophobia) and dermatological aspects of albinism (sensitivity to UV rays from the sun and development of skin cancers) are well known. However, their management is often challenging for persons with albinism in sub-Saharan Africa because of their financial burden and the difficulty of accessing medical specialists. In many African countries, persons with albinism are also very often the subject of social, cultural, medical, moral and economic discrimination, which can limit their access to education, employment and community life. They are considered 'white Africans', intermediary and incomplete, with innate powers for good and evil. This particularity has made persons with albinism the targets of mutilations and/or ritual attacks for the purposes of using their body parts in the preparation of charms to bring good luck, health or prosperity. On 13 June 2013, as a result of lobbying by the Canadian NGO Under the Same Sun and African albinism associations, United Nations bodies including UNESCO and the WHO (World Health Organization) responded and a Resolution addressing the discrimination and attacks was voted in. The date has since become International Albinism Awareness Day and is celebrated on a different theme each year with great energy and impact, especially by French, English and Portuguese speaking albinism associations across sub-Saharan Africa. In 2015 the Human Rights Council created the position of Independent Expert on Albinism to better collect and analyse data on the rights of persons with albinism around the world, and especially in countries where ritual attacks occur. The data collected by albinism associations and the authorities thus go directly to the UN Human Rights Directorate. Despite this international attention to the attacks on persons with albinism, one of the biggest threats is skin cancer, which very often leads to early death. In 2022, the WHO launched a strategic framework for the control and management of neglected skin-related neglected tropical diseases - an additional reason to include oculocutaneous albinism as an NTD. Although the focus is currently limited to dermatoses of an infectious nature, we argue here for the integration of oculocutaneous albinism among NTDs because the deadliness of these carcinomas in sub-Saharan Africa is well-known and has been examined in a number of medical publications. Here, we propose that oculocutaneous albinism in sub-Saharan Africa be classified as an NTD to help people with albinism have access to health, economic, social and cultural rights.

Exploring the Philosophy of Happiness and the Good Life in Hinduism: Insights from Indian Scriptures

Abstract: Inclusive defines democracy in the education system, where everyone, regardless of disability, have equal opportunity in school and society. This is the new approach towards providing education to normal and disable children together under one roof or same school .As NEP 2020 and the Rights of person with disabilities (RPwD ),Act 2016 emphasis on inclusive education along with adaptation of digital technology , restructuring of curriculum and pedagogical perspective to create awareness towards inclusive and equitable society. The COVID-19 pandemic has proliferated the drive from basic to online and digital education around the world. This has provided new opportunities to all the learners from various backgrounds, However, this technology driven revolution has also alleviated the disparities in educational opportunities and outcomes This abstract explores the dynamic interaction of online and digital learning in an inclusive environment, highlighting how crucial it is to guarantee fair access to technology for the learners of all ages. Digital platforms must be built using universal design principles to make them universally accessible and to remove any obstacles that can prevent participation and help in providing individuals independence. In inclusive education setup, facilitators and educators can take advantage of the adaptability of digital tools to provide various forms of individualised instructions and evaluations. These tools aids students in their individual educational paths and accommodates a variety of learning characteristics. However, rigorous planning must go into how to modify and create online resources that are both inclusive and successful in addressing a variety of learning requirements. Indian Cultural and social diversity is a foundation of inclusive education, fostering understanding and respect among learners from various backgrounds. Integrating digital tools into this context offers a platform to showcase diverse cultural perspectives and foster cross-cultural collaboration. The most important challenge is the lack of social presence, which severely affects student motivation and participation. This is particularly urgent for underserved students, to ensure equitable use of technology, educators ensure culturally relevant content, which enriches the educational experience and also corroborate students' identities and their contribution. A essential component of successfully blend of technology and inclusiveness is educators’ professional development. In order for teachers to become qualified and capable, a proper professional development plan for educators must be prepared. While online and digital learning provides new potential, they also come with barriers for an inclusive education system. The digital divide continues to be a major obstacle, especially for disadvantaged populations. To bridge this gap, anticipatory steps must be taken to ensure that all students have equitable access to technology, internet and the resources they need to participate fully in online learning settings. This abstract depicts how the synergy between online and digital education and inclusive principles holds tremendous promise for transforming education into a space where every learner can thrive. Ensuring equitable use of technology within an inclusive education setup requires strategic efforts in areas such as accessibility, personalized instruction, cultural responsiveness, and professional development. This paper also proposes guidelines that help teachers make their online, hybrid or blended courses more inclusive.

The Relationship between Assertive Behavior and the Tendency to Become the Object of Bullying in New Students

Bullying is one of the problems among freshmen who often lack direct, honest, and assertive self-expression to defend personal rights in expressing feelings, also called assertive behavior. This study aims to look at the relationship between assertive behavior and the tendency to be the object of bullying in freshmen. This study uses a quantitative approach with descriptive analysis methods, hypothesis testing (spearman's rho), and t-test (mann-whitney). The subjects of this study were 320 new students of the Faculty of Engineering, Makassar State University. The results showed that there is a relationship between assertive behavior and the tendency to be the object of bullying in new students (p = 0.000, r = 0.312). This means that the higher the assertive behavior, the lower the tendency to be the object of bullying in new students and vice versa. The results of additional analysis show that there are no differences in assertive behavior, however, there are differences in the tendency to be the object of bullying based on gender. It can be concluded that there is a relationship between assertive behavior and the tendency to be the object of bullying in freshmen with a moderate correlation.

공법과 사법의 대화

The legal domain has traditionally been segmented into public and private law. Private law is rooted in the principle of private autonomy that is premised on individual liberty. Conversely, public law centers on the adininistration and regulation of public authority. Despite these distinctions, public and private law overlap significantly in their research topics, methodologies, and goals. As such, collaboration and mutual learning between these spheres are crucial. Consequently, establishing a platform for dialogue among scholars from both fields is deemed valuable. 
 This paper delves into the criteria that differentiate public from private law, examining their interrelation through constitutional and civil law, alongside administrative and civil law. It scrutinizes the nexus between public and private law, with a focus on Supreme Court precedents concerning personality rights, the third party effect (Drittwirkung) of fundamental rights in private relationships, interpretations of law in alignment with the Constitution, the analogy of private law regulations to public contracts or public law contracts, the validity of a contract contravening administrative regulations, the liability for state compensation for unlawful administrative conduct, and the demarcation of jurisdiction between civil and administrative proceedings. Public and private law have evolved in tandem, influencing each other. Their dem邱ation is more a product of historical development and relativity than a priori or theoretical constructs. Recent Supreme Court rulings demonstrate an increasing interplay between public law, including constitutional provisions, and the interpretation and application of civil law, and vice versa. In this scenario, promoting an active dialogue between scholars of public and private law is anticipated to substantially enhance both disciplines, as well as the legal system as a whole.

TINDAKAN HUKUM TERKAIT PERILAKU BULYING REMAJA SMP DI WILAYAH KABUPATEN BATUBARA

Legal aid related to adolescent bullying behaviour is an important aspect in protecting personal rights and solving social problems that are often faced by adolescents. The purpose of this study is to analyse and describe the legal actions that can be applied in relation to adolescent bullying behaviour. The method used is descriptive analysis, collecting information from various literatures, legal regulations and related research results. The results of this study show that several legal measures can be taken to overcome bullying among adolescents, including: 1. Preventive action: Education and information on the negative impacts of bullying, the creation of anti-bullying policies in schools and communities, and the involvement of families and communities in solving the problem. 2. Referrals: Involvement of authorities such as teachers, parents and police in guiding and helping victims and perpetrators of bullying. In addition, bullying prevention training and counselling are also organised for the younger generation. 3. Punishment: If the harassment is serious and unlawful, penalties may be imposed in accordance with applicable laws and regulations. This includes both criminal and civil actions such as criminal prosecution, claims for damages or remedies. However, it is also important to note that addressing youth bullying involves not only legal action, but also social, educational and counselling approaches.

Окремі питання санкції кримінально-правової норми

The sanction of an article of the Special Part of the Criminal Code of Ukraine reveals the legal aspect of criminal punishment. It determines the type and amount of punishment for a criminal offense. Depending on the degree and nature of the public danger, the sanction of a criminal law provision sets out what restrictions a person is subjected to, which may relate to specific personal, property, and other human and civil rights and freedoms provided for by the Constitution of Ukraine. The protection of human rights and freedoms is a priority for the state. The fight against crime is carried out through the imposition of punishment necessary and sufficient to reform the convicted person and prevent the commission of new criminal offenses. In the sanction of the article of the Special Part of the Criminal Code, the type and limit of punishment are established to achieve the goals set out in Article 50. Accordingly, the sanction should correspond to the social danger of the act, provide opportunities to individualize the punishment, consider the principles and general principles of sentencing, etc. The content of the sanction determines the achievement of the goals of punishment, including punishment, correction of the convicted person, and prevention of new criminal offenses. The degree of the socially dangerous act committed, the ability to individualize the punishment, considering the principles and general principles of sentencing, and being consistent with sanctions for crimes of a similar type and nature play an essential role in the design of sanctions. An analysis of the controversial issues is necessary to further improve the sanction of criminal law provisions. The issue of a large amplitude between lower and higher limits of punishment, lack of consistency in the central and qualifying elements of a criminal offense, and many main punishments in the sanctions for one criminal offense are discovered. Keywords: sanction of criminal law provision, crime, individualization of punishment, content of sanction, combating crime.

Strengthening the Accessibility of Persons with Disabilities through Political Education in the 2024 General Election in Medan City

The low participation of people with disabilities in elections is an issue that needs attention. Several studies have shown that people are not yet sensitive to the political rights of persons with disabilities. In addition, the lack of election accessibility for persons with disabilities is also an obstacle. Persons with disabilities are one of the large minority groups in Medan City. Therefore, this service aims to provide an understanding of strengthening the accessibility of persons with disabilities through political education in general elections in Medan City. Participatory Learning and Action methods through learning procedures that combine lecture techniques and participatory discussions to group learning are carried out in this activity. Firstly, this service activity was conducted with the Indonesian Blind Association (Pertuni) of Medan City, which includes learning about political education. Secondly, increasing the understanding of persons with disabilities about the importance of exercising their voting rights. Third, providing an understanding of political accessibility and political rights for persons with disabilities. The service results recommend that activity participants increase their understanding of the rights and obligations of citizens to vote. For the knowledge implemented in political education to run well, continuous coaching and mentoring are needed for the Indonesian Blind Association (Pertuni) in Medan City.

Digital image (digital copy of a person) in the system of objects of civil laws: experience of model legislation

The article analyses the provisions of the Model Law for the CIS member states «On Digital Rights» relating to the digital image (digital copy of a person), the rights to which are considered as personal non-property rights. In order to clarify the place of the digital image in the system of personal non-property rights, its distinctive features are characterized in comparison with the citizen’s right to an image. The content of the subjective right to a digital image is characterized. The normative basis of the study was formed by the model legislation for the CIS member states and the national legislation of the member states (in particular, the law of Belarus and Russia). Based on the results of the study, it was concluded that the right to a digital image (digital copy of a person) can be considered as one of the manifestations of the citizen’s right to an image. The model law «On Digital Rights» allows to highlight the features that distinguish a digital image (digital copy of a person) from other forms of protected images (for example, works of fine art, photo and video recordings, etc.), but does not give grounds to consider it outside the existing mechanisms for ensuring the citizen’s right to an image. The author of the article concludes that the content of the right to a digital image (digital copy of a person) does not have any serious differences from the content of the citizen’s right to an image. This is manifested in the similarity in the subject composition, the order of use of the digital image and the image of a citizen, both during his life and after his death, the regulation of the emergence of these objects, the establishment of restrictions on the right of a citizen to a digital image and his own image, as well as the consequences of violation of these rights.

LEGAL CONSEQUENCES OF MISUSE OF DIGITAL SIGNATURES IN BUSINESS TRANSACTIONS

A digital signature is essentially an electronic version of a traditional signature found on a physics document. In accordance with the ITE Law, a digital signature is a collection of electronic data that is connected, affiliated, or related to other electronic information. Its function is used as an authentication and verification method. The aim of this research is to examine the potential legal consequences arising from the use of inappropriate or unauthorized digital signatures in business transactions. This research uses normative juridical studies or uses library legal data. Library research is a study that focuses on users of secondary data or includes written legal norms and/or interviews with informants and sources. Regarding the legal impact of misuse of digital signatures in business transactions, it is important to remember that such misuse can result in losses for the person signing the document, it is important for them to comply with the requirements outlined in the relevant laws. In this case, a digital signature can be considered to have the same validity and legal consequences as a handwritten signature, provided that the identity of the individual associated with the digital signature is established with a high degree of certainty and that the signature itself was created, in accordance with article 27 verse (1), (2), (3) and (4) if related to Islamic law, where taking another person's rights without the owner's knowledge is an act that is prohibited by religion and is not recommended in the Shari'a.

SUBSTANTIVE COMPONENTS OF COPYRIGHT: ESSENCE, FEATURES, SPECIFICITY

Objective. The objective of this scholarly article is to find out the essence of copyright, namely its key concepts and basic principles, to identify the mechanisms and tools for its protection in Ukraine. Methods. Theoretical methods include analysis and synthesis of literature on the problem under study; practical methods are the selection of factual material on the basis of which conclusions about the essence of copyright. Key concepts and basic provisions, mechanisms and instruments of copyright protection in Ukraine will be formulated. Results. The 21st century is considered the beginning of a new era, which is characterized by global technologies, high informatization, mechanization, and dynamic economic growth. In this century, the main attention of society is paid to the intellectual product, which forms the basis of the concept of "intellectual property" (IP) in the economic and legal context. The collected factual material allows us to conclude that the modern development of any field of human activity (culture, industry, agro-industrial complex, health care, etc.) is impossible without proper technical and scientific support and spiritual achievements of society. These aspects are closely related and interdependent. Thus, the problem of proper use of the intellectual potential of society and the nation as a whole requires constant attention and support from the state. The existence of a modern system of legal protection of IP in Ukraine contributes to the preservation and enrichment of the technical and scientific potential of the state, the development of the national economy and international trade, as well as the attraction of foreign investments, in particular in the form of advanced technologies, which allows Ukraine to enter the world market of intellectual property as an equal in rights partner. The norms of copyright, together with provisions on related rights, form a single institution of IP law - the institution of copyright and related rights. Objectively, copyright is considered as a complex of civil law norms that regulate relations that arise during the creation and use of works of art, science and literature. Subjectively, copyright represents personal and property rights that arise in connection with the creation of works of science, literature and art by the individuals who created them, and which are subject to protection according to the law. It is important to note that copyright arises immediately from the moment of creation of the work, and this moment is recognized by the manifestation of the work on a tangible medium in such a way that it can be understood by others.

PROTECTION OF CHILDREN’S RIGHTS DURING IMPLEMENTATION OF GUARANTEES IN EXECUTIVE PROCEEDINGS: THEORETICAL AND LEGAL STUDY

The article delves into the theoretical and legal dimensions of safeguarding children’s rights within the framework of enforcement proceedings guarantees. It presents the guarantee system as comprising various elements, such as procedural oversight, appeals mechanisms against executor actions, measures for holding violators accountable, involvement of relevant professionals, and the normative regulation of rights and obligations for all participants. Through legislative analysis and practical examination, the article asserts that safeguarding children’s rights in enforcement proceedings unfolds in two primary facets: protection of property rights and protection of personal non-property rights. In the realm of property rights, emphasis is placed on securing child support payments from debtor parents to foster the child’s well-rounded development. Additionally, it addresses preventing the eviction of a minor from mortgaged housing in cases involving parents-mortgagors. For the protection of non-property rights, measures include child removal, establishment of visitation rights, and removal of obstacles to visitation. The article underscores the importance of sound reasoning and evidence when considering temporary child placement and ensures debtors receive copies of enforcement proceedings decisions during searches. It advocates for petitioning the court to amend or clarify visitation-related decisions. Special attention is given to the involvement of professionals such as doctors, teachers, and psychologists in enforcement proceedings to safeguard minors’ rights, ensuring their mental and physical well-being and preventing potential abuse by involved parties

Innovative Property for Innovative Land Policy: Four Normative Principles

Innovative land policy does not yield to the pressure of short-term capital exploitation. Rather, innovative land policy establishes a fair balance between the interests of landowners and the public interest. As a keystone of land policy, property – particularly if open to innovation – plays a vital role in achieving this balance. This commentary explains four normative principles that help design innovative property. Since the four principles derive from long-standing ideas about property in land, the commentary uses a distinctly conservative approach. This approach, however, is quite innovative in the face of the reductionist view of property as a right that only serves the purposes of its owners. According to the first principle, innovative land policy must pay attention to the nexus between private and common property. Under the second principle, property in land must account for the government’s positive duty to provide for adequate land uses for all. The third principle distinguishes between property rights of natural and legal persons: personal property guarantees individual liberty, but corporate property is a social function, not a right at all. The fourth principle reminds of the inseparable bond between property in land and land ethics.

АКСИОЛОГИЧЕСКИЙ И СТРУКТУРНО-СОДЕРЖАТЕЛЬНЫЙ ПОДХОДЫ К ПОНИМАНИЮ И УСТАНОВЛЕНИЮ ОБЪЕКТА ИНЫХ НАСИЛЬСТВЕННЫХ ДЕЙСТВИЙ СЕКСУАЛЬНОГО ХАРАКТЕРА

The article draws attention to the debatable nature of the issue of the complex structure of the object of other violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation), taking into account the features of which will reduce the number of errors in the legal assessment of such acts. An open list of acts forming the objective side of other acts of a violent nature puts law enforcement officers in a difficult position, does not serve the uniformity of judicial practice, can lead to accusatory evasion and violation of the rights of both persons brought to criminal responsibility and those who have suffered. The authors use doctrinal studies devoted to the object of the crime, including multi-object crimes, encroachments against sexual freedom and sexual inviolability of the individual and current judicial practice. It is stated that the establishment of the object of other violent acts of a sexual nature from the traditional positions of dividing them “horizontally” does not always allow to establish the object and the objective side of the crime under consideration. In order to understand the objective signs of the act in question and to distinguish it from related crimes, the authors believe, it justifies a comprehensive approach to establishing the object of other violent acts of a sexual nature, namely from the standpoint of a content-structural approach (i. e., taking into account the vertical-horizontal classification of objects) and axiological, “responsible” for the value content of protected goods.