Protection Of Personal Rights Research Articles

Comparison of Legal Regulations on E-commerce in Southeast Asia (Indonesia - Singapore)

The purpose of this study is to analyze: 1) How is the legal regulation on each e-commerce in Southeast Asia (Indonesia - Singapore)?. 2) How effective is the legal system applied by law to e-commerce in Southeast Asia (Indonesia - Singapore)?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The content of e-commerce regulations in Indonesia regulated in Law No. 11 of 2008 contains (a) Principles and objectives; (b) Information, documents and electronic signatures. In this case, electronic signatures are recognized as having the same legal force as conventional signatures (wet and materied ink); (c) Electronic Certification Providers and Electronic Systems; (d) Electronic evidence recognized as having the same legal force as other evidence recognized in the Code of Criminal Procedure; (e) Electronic Transactions (e-commerce); (f) Regulation of domian names, Intellectual Property Rights and protection of personal rights; (g) Prohibited acts; (h) Dispute resolution; (i) The role of government and the role of society; (j) Investigation; and (k) Criminal provisions.

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.

Излечение здравоохранения: исторический опыт старых демократий и уроки для России

Contrary to widespread belief government-run Healthcare was not the first mass affordable solution for medical problems. Governmental healthcare has not caused main breakthroughs in the mortality decrease and significant increase in average life expectancy. Safeguards for private property and ironclad protection of personal rights and liberties caused modern economic growth phenomena, a rise in wealth, and unleashed scientific and technical progress. The rise in wealth and scientific progress were the principal reasons behind progress in medicine. Nowadays huge government spending and poor efficiency make unclear the overall impact of government-run healthcare on public health. The government's Famous attempts to protect drug consumers caused huge costs possibly outweighing their benefits. The foremost public concern ought to be the numerous ethical challenges of the governmental rule in Healthcare, the power usurped by healthcare officials to decide for and instead the patient his fate.

Study on the Validity of Marital Fidelity Agreement

In recent years, with the continuous improvement of China's economic level and the increasing degree of social and cultural openness, the awareness of protection of personal rights and interests in marital relations has continued to rise, and the traditional view of marriage has been affected, and more and more couples choose to sign marital fidelity agreements in order to guard their marriage. However, the Civil Code and related interpretations are not clear how to adjust the spousal fidelity agreement, resulting in judicial practice on the validity of the spousal fidelity agreement "different judgment" phenomenon, the judicial credibility is affected. From the essence of marriage is a special "contract", the duty of fidelity between husband and wife both moral and legal nature. The spousal fidelity agreement both personal and property and different from the general civil contract, according to the type of responsibility agreed upon by the parties, the fidelity agreement should be divided into the fidelity agreement with the restriction of personal rights as the consideration, the fidelity agreement with the content of property division, mixed fidelity agreement, through the type of disposal to determine the effectiveness of the fidelity agreement, to protect the legitimate rights and interests of spouses, to play a disciplinary role for violations of the duty of fidelity and establish a healthy and civilized view of marriage and family.

Court precedent as an international legal standard for the protection of personal rights, freedoms and interests

The article considers the issue of establishing a judicial precedent as an international legal standard for the protection of rights, freedoms and interests of a person.
 The concept of «personal rights» is proposed to be understood as a set of human rights and citizen’s rights and the basis of the construction of «personal rights» should be considered to be respect for human dignity which is the source of the rights and freedoms of a person.
 It has been found that the law and the state are the primary system of minimum means and guarantees of observance of human and citizen rights which can be used in the interests of the formation and development of the individual. At the same time the law acts as a means of ensuring the freedom of the individual as well as a means of reasonable and fair restriction of those who are not aligned with social needs and people’s ideas about the good and justice of the level of freedom and the scope of power.
 It has been proven that the international legal standards of the rights, freedoms and interests of a person are generally recognized provisions of international acts of a mandatory and recommendatory nature, as well as the principles of international law that establish the fundamental rights of a person. The content of the influence of international law on national law is that the basis of their interaction is determined primarily by constitutional means, since most state constitutions contain a significant number of provisions on basic human rights, which are defined by international acts. In addition, national legislation is subject not only to the provisions of international acts, but also to international courts and institutions whose main mission is to protect human rights, freedoms and interests.
 It was concluded that with the emergence of universal rights, freedoms and interests of the individual and related international systems of their protection, a new fundamental law is formed, which is based on judicial practice, which has its own rules of adoption and standards of application of court decisions, and court precedent is considered as international legal standard for the protection of the rights, freedoms and interests of a person.

Legal ideology as the ideological and theoretical basis of the activities of public organizations in Ukraine

The article outlines the conceptual features of legal ideology as an ideological and theoretical basis for the activity of public organizations in Ukraine. It has been proven that public organizations have a significant perspective to join the formation of legal ideology in Ukrainian society. After all, they, first of all, become guarantors of the inviolability, implementation and protection of personal rights of a person and a citizen; secondly, it is a means of self-organization of society members and realization of their interests; thirdly, they act as an effective institution of democratic control over the functioning of state power and the degree of state intervention in social relations; fourth, give citizens the opportunity to directly participate in the process of making important decisions for society. Therefore, public organizations act as a determining factor in the formation of legal ideology, and therefore a means of change in modern society, an effective tool for the realization and protection of common interests guaranteed and protected by the Constitution of Ukraine.
 It is noted that in view of the challenges of globalization, public organizations must change the form and methods of work, which means their use of new civilizational approaches to the formation of legal ideology in society. In recent years, public organizations have managed to obtain new rights and forms for the formation of legal ideology in our country, namely the possibility of: legislative initiative, consulting and expert assistance, informational support for their own actions and the actions of power structures, social support and control.

PERTANGGUNGJAWABAN PELAKU USAHA ATAS KERUGIAN WISATAWAN MENURUT UNDANG-UNDANG NOMOR 10 TAHUN 2009 TENTANG KEPARIWISATAAN

According to the Law of the Republic of Indonesia Number 10 of 2009 concerning tourism, it is stated that tourism is a variety of tourist activities and is supported by various facilities and services provided by the community, businessmen, government and local governments. The formulation of the problem of this thesis is how is the form of legal protection for tourists and how is the form of responsibility of tourism business actors towards tourists. The purpose of writing this thesis is to find out and get a solution from the formulation of the problem. The research method in writing this thesis is normative by using a statutory approach with several sources of primary and secondary legal materials, as well as tracing legal materials through legislation and other literature. In the context of legal protection for tourists, what needs to be protected is the rights of tourists. Every tourist has the right to comfort, safety and to get fair treatment and the best possible service from the country where the person concerned visits the tourist spot. Countries where tourists visit must provide security and safety for tourists based on existing laws and regulations. Law Number 10 of 2009 concerning Tourism already regulates the rights and obligations of tourists and tourism entrepreneurs. Article 20 regulates the rights of tourists, including: accurate information about tourist attractions, tourism services in accordance with standards, legal protection and security, health services, protection of personal rights, and insurance protection for high-risk tourism activities.

Dilemma and Outlet of Personality Right Protection in Sports Event Copyright

Using jurisprudence to analyze the connotation and logical relationship of personality right, explore the practical dilemma of personality right protection in sports event copyright, and then point out the path of personality right protection in sports event copyright. The research shows that the adverse factors of the protection of personality rights mainly lie in the controversial theoretical basis, the lack of attention of the subject of rights, the lack of in-depth academic research and the weak legal basis. Suggestions: On the theoretical basis, we should not only recognize the work attribute of sports events, but also emphasize the dialectical unity of "content" and "form" of works, which are the prerequisite for the protection of personality rights; In the protection of personality right, we should not only improve the awareness of safeguarding rights of the subject of rights, but also establish the concept of the overall situation of the subject of rights, so as to promote the healthy development of the sports event market. The subject of rights cannot ignore the protection of personality right due to the realization of property right; In theoretical research, academia should pay attention to the value status of personality right, strengthen the research on the protection of personality right, and provide scientific legal basis for the protection of personality right; On the basis of legal system, we should not only improve the guiding role of sports law in the protection of personality rights, but also expand the scope of works in the copyright law , so as to build a solid legal foundation for the protection of personality rights.

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

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

Protection of Personal Rights in Law of Succession

This author aims to demonstrate that in addition to the legal measures provided for in Article 24 of the Polish Civil Code, protection of personal rights may also indirectly serve the institutions mentioned in Book IV of the Civil Code, one of which is the law of succession. These institutions are primarily disinheritance (Article 1008 of the Civil Code) and unworthiness of inheritance (Article 928 of the Civil Code), as well as the exclusion of a spouse from inheritance (Article 940 of the Civil Code). They serve to protect, above all, such personal rights as life and health, honour and freedom, in particular the freedom to make a will. Violation of these personal rights will be met with specific pecuniary sanctions, among them, deprivation of the right to inheritance, to the reserved share of the estate, to bequests, or to the statutory superannuation as provided for in Article 939 of the Civil Code.

The Proof and Development of the Right to Be Forgotten in Civil Code

Contemporary Chinese rights of personality law are in a period of perfection. The Personal Rights section of the Civil Code provides the ideological basis of law for other legislation on the rights of personality in China, and the newly released Personal Information Protection Law provides relevant provisions for the privacy issues involved in personal information. The legislation related to personality rights in China should respond to the needs of people’s personality rights in the Internet era and introduce laws to some rights that have emerged with the development of the Internet. In other words, based on confirming the general personality rights and personal information protection, we should protect the emerging rights such as “the right to be forgotten”. In this regard, based on the existing judicial and legislative practices, it is necessary to argue that the right to be forgotten is an independent form of right and to explore the legislative way forward for the right to be forgotten, to contribute to the effective protection of personality rights and personal information.

On the Protection of Reproductive Embryos in Vitro by the Personality Rights Law

Reproductive embryos in vitro are formed by infertile couples for the purpose of breeding children. It has the potential to develop into life and carries the personality interests and spiritual values of donor couples. At present, there are many judicial disputes related to reproductive embryos in vitro, but legislation has not clearly stipulated the right attribute and protection path of them, resulting in different court decisions. Based on this, considering that the reproductive embryo in vitro does not have life consciousness before being implanted into the mother, but includes the life, health and general personality rights of the donor couple, it is appropriate to identify it as a special object of rights with personality attributes greater than the attributes of 0bject - "personality object", which should be included in the protection category of the personality right law and be specially stipulated. The rights enjoyed by the donor couple on the reproductive embryos in vitro belong to the personality rights and interests. When the personality rights and interests are violated, they can not only request protection according to the general provisions for the protection of personality rights, but also claim compensation for mental damage according to the specific things infringing personality, so as to realize the direct protection of the donor couple and the indirect protection of the embryo.

Prosecutor’s Supervision and the Role of Attorneys in Protection of Personal Rights, Freedoms and Legal Interests within Pre-Trial Proceedings in Cases on Economic Crimes

Prosecutor’s Supervision and the Role of Attorneys in Protection of Personal Rights, Freedoms and Legal Interests within Pre-Trial Proceedings in Cases on Economic Crimes

Gender Recognition in Poland – Problems and Propositions of Legislative Changes

The aim of the article is to showcase the problems caused by the way Polish legal system handles gender recognition procedure. It contains a short summary of the history of the gender recognition procedure in Poland, as well as the analysis of the rulings of the Supreme Court regarding the matter. The author criticizes the current state of the law, in which there is no legal act regulating the issue and the procedure is purely based on the action for establishment along with remedies for the protection of personal rights. By presenting the inconsistencies within this solution, as well as pointing out the issues that arise from using the action for establishment for gender in practice, the author shows the need to regulate the situation of not only transgender, but also intersex people and gives her own proposition for legislative changes, while also referring to the regulations proposed by the bill on the matter of gender recognition proposed in 2013. She mainly advocates for gender recognition to take place by an administrative procedure, not a judicial one, while also proposing a possible solution for the issue of requiring the termination of marriage from people applying for gender recognition.

ԴԱՏԱԿԱՆ ԵՎ ԱՐՏԱԴԱՏԱԿԱՆ ԿԱՐԳՈՎ ՎԱՐՉԱԿԱՆ ԱԿՏԻ ԲՈՂՈՔԱՐԿՄԱՆ ԴԵՐԻ ԵՎ ՆՇԱՆԱԿՈՒԹՅԱՆ ԻՐԱՎԱՀԱՄԵՄԱՏԱԿԱՆ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆԸ ԱՆՁԻ ԻՐԱՎՈՒՆՔՆԵՐԻ ՎԱՐՉԱԻՐԱՎԱԿԱՆ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ԲՆԱԳԱՎԱՌՈՒՄ

The purpose of the article is to highlight the problems aimed at the effective protection of human rights and provide recommendations for their solution, which derives from the requirements of Article 18 of the Constitution, according to which "Everyone has the right to effective means of legal protection of his rights and freedoms before the courts, as well as other state bodies." The issue of administrative-legal, extrajudicial and judicial protection of human rights and freedoms is most relevant in the wide-scale field of public relations. Human rights are most often violated during the activities carried out by the bodies of the executive power or their officials. In this article, we have highlighted the mechanisms and measures that allow you to find out which means of protection is more effective at the moment. The article discusses the role and significance of judicial and extrajudicial administrative act appeals in the field of administrative and legal protection of personal rights, their features, highlights existing gaps and offers solutions for ensuring and improving the protection of human rights, which lead to the fact that the protection of human rights administrative and legal forms are meant to serve for the restoration of violated human rights and ensuring the protection of rights, and the real guarantees for the implementation of these forms are the administrative and legal measures for the protection of rights, which need to be improved and whose gaps we have addressed by analyzing also current practice.

Przegląd orzecznictwa Sądu Najwyższego

Overview of the decisions of the Polish Supreme Court The Resolution of the Polish Supreme Court of October 6, 2022 (case file no. III CZP 119/22) is of particular importance for legal practice. The Court indicated that the compensation due from the insurance company under the contract of third party liability insurance of motor vehicle owners for damages arising from the use of these vehicles covers only necessary and economically justified repair costs. In the Resolution of October 6, 2022 (case file no. III CZP 112/22), the Polish Supreme Court stated that the ruling issued in closed session is a ruling that does not exist if the signature has been placed only under the entire document including the operative part and the main reasons for the ruling (Art. 357 § 5 Civil Procedure Code). Moreover, in the Resolution of June 2, 2022 (case file no. I CSK 219/22), the Polish Supreme Court decided that the submission by parents on behalf of a minor child of a declaration of inheritance rejection is an activity that exceeds the scope of the ordinary management of the child’s property, and making it without the prior consent of the guardianship court entails the nullity of this type of declaration. In addition, the Polish Supreme Court, in the Resolution of May 31, 2022 (case file no. II CSKP 34/22), stated that bringing an action by a parent on behalf of a child for the protection of personal rights against the other parent of that child is an act of representation of the child.

Prawda jako wartość chroniona prawnie. Problem odpowiedzialności prawnej za naruszenie dóbr osobistych związanych z rozpowszechnianiem nieprawdziwych informacji (fake news)

In the Polish legal system, there are no legal regulations that allow to block publication in case of disseminating false information (fake news) in internet. The article encompass analysis if legal device like personal rights under polish civil law can be used to protect against the fake news. Analysis was made to answer the questions whether the polish model of the protection of personal rights meets the purpose which is protection against fake news or whether it contains gaps that allow publishing untrue information with impunity. The conclusions is proposals to change legal regulations that limit the possibility of determination of the person who publishes fake news.

Ograniczenia ochrony dóbr osobistych w warunkach stanów nadzwyczajnych wprowadzanych na terytorium Rzeczypospolitej Polskiej

In the study, scientific and research analysis covers the so far not discussed in the doctrine issue on the border of public and private law. The considerations are aimed at answering the question of whether it is possible to establish restrictions on the protection of personal rights in conditions of extraordinary measures introduced on the territory of the Republic of Poland. The provisions regulating states of emergency, contained both in the Constitution of the Republic of Poland and in ordinary statutes, do not refer directly to personal rights, but use the category of human and civil rights and freedoms. This does not mean, however, that during states of emergency it is not possible to interfere with the sphere of personal rights of the subjects of civil law. It should be noted that the legal constructions of personal rights as well as human and civil rights and freedoms are closely related. In the case of both of these groups of rights, the subject of their protection are the inherent values of a human being. Against this background, a thesis can be formulated that the restrictions on the protection of personal rights may be established indirectly for the duration of extraordinary measures – by restricting human and civil rights and freedoms. The article discusses the conditions that must be met for a restriction of the constitutional rights and freedoms to constitute an interference with a personal right at the same time. Subsequently, the provisions of the acts regulating individual states of emergency were analyzed in terms of which of the constitutional restrictions on rights and freedoms contained in them constitute the authorization to interfere in the sphere of personal rights. The study also indicates the consequences of introducing the discussed restrictions under civil law.

Ochrona dóbr osobistych naruszonych w kanonicznym procesie o nieważność małżeństwa

Article demonstrate that secrecy of the canonical process and the constitutional guarantee of autonomy and state allowed to the Catholic Church do not preclude the possibility of seeking protection of personal rights breached at a state forum in the canonical process of declaring nullity of a marriage. It specifies evidence limitations that result from the provisions of canon law. Copies and transcripts from case files are not issued in the canonical proceeding. The only documents that the party has at its disposal will be a copy of the claim and the sentence. The author analyses the provisions of canon law and common law to demonstrate that the request by state organs of case files in canonical process will evidence a breach of the principle of the autonomy and independence of the Catholic Church. Furthermore, the author presents the conditions that a breach must meet in order to be considered unlawful.