Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-2-73-89
N. Maltsev
author analyzes the compensation model of remuneration on the example of the right to remuneration for free reproduction of phonograms and audiovisual works for private use. The paper describes the features of the compensation model of remuneration, current theoretical and practical problems of the right to private copy. It is concluded that the compensation model of remuneration can, under certain conditions, extend to reproduction of works in digital form, as well as to reproduction of various results of intellectual activity using 3D printing technologies.
{"title":"NATURE AND POSSIBLE DEVELOPMENT TRENDS OF COMPENSATION MODEL OF REMUNERATION IN COPYRIGHT","authors":"N. Maltsev","doi":"10.17072/2619-0648-2018-2-73-89","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-73-89","url":null,"abstract":"author analyzes the compensation model of remuneration on the example of the right to remuneration for free reproduction of phonograms and audiovisual works for private use. The paper describes the features of the compensation model of remuneration, current theoretical and practical problems of the right to private copy. It is concluded that the compensation model of remuneration can, under certain conditions, extend to reproduction of works in digital form, as well as to reproduction of various results of intellectual activity using 3D printing technologies.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131556723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-1-117-127
I. V. Kilina
rules of Ch. 45.1 of the Russian Federation code of Criminal Procedure regulating appeals instance in the court proceeding do not specify a person who is or was under procedure of compulsory measures of medical character application among subjects of appeal. The author analyzes the situations when the rights of hereinabove persons can be violated. He puts forward a proposal on legislative improvement of Ch. 45.1 of the Russian Federation code of Criminal Procedure by means of inclusion of a person who is or was under procedure of compulsory measures of medical character application into subjects of appeal and recognition in legislation of reformatio in pejus regulations admissibility towards such persons.
{"title":"ABOUT A RIGHT OF PERSON UNDER PROCEDURE OF COMPULSORY MEASURES OF MEDICAL CHARACTER APPLICATION TO APPEAL THE COURT DECISION","authors":"I. V. Kilina","doi":"10.17072/2619-0648-2018-1-117-127","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-117-127","url":null,"abstract":"rules of Ch. 45.1 of the Russian Federation code of Criminal Procedure regulating appeals instance in the court proceeding do not specify a person who is or was under procedure of compulsory measures of medical character application among subjects of appeal. The author analyzes the situations when the rights of hereinabove persons can be violated. He puts forward a proposal on legislative improvement of Ch. 45.1 of the Russian Federation code of Criminal Procedure by means of inclusion of a person who is or was under procedure of compulsory measures of medical character application into subjects of appeal and recognition in legislation of reformatio in pejus regulations admissibility towards such persons.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"198 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121748783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-1-7-17
O. Tatarinova
in 2014, the Regulatory Impact Assessment became mandatory in the subjects of the Russian Federation. The article considers the main issues of the introduction of the Regulatory Impact Assessment impact in the executive bodies of the constituent entities of the Russian Federation. The article analyzes the models of RIA organization. The Ministry of Economic Development of the Russian Federation has developed methodological recommendations, with the main areas of development of RIA in the regions, which have become a guide to action, but there are differences in the conduct of RIA in the regions of the Russian Federation.
{"title":"MODELS OF ORGANIZATION AND CARRYING OUT OF REGULATORY IMPACT ASSESSMENT IN THE SUBJECTS OF THE RUSSIAN FEDERATION","authors":"O. Tatarinova","doi":"10.17072/2619-0648-2018-1-7-17","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-7-17","url":null,"abstract":"in 2014, the Regulatory Impact Assessment became mandatory in the subjects of the Russian Federation. The article considers the main issues of the introduction of the Regulatory Impact Assessment impact in the executive bodies of the constituent entities of the Russian Federation. The article analyzes the models of RIA organization. The Ministry of Economic Development of the Russian Federation has developed methodological recommendations, with the main areas of development of RIA in the regions, which have become a guide to action, but there are differences in the conduct of RIA in the regions of the Russian Federation.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"234 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122622375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-3-89-97
G. Y. Borisevich, S. I. Afanaseva
the article discusses the influence of the jury competence on the justice of their verdict in criminal cases. There is given the analysis of the problems which arise in practice of Russian courts of first instance when the jury investigate evidence and international experience. There is made the conclusion about necessity of rising the level of legal knowledge of this category of persons and necessity of developing skills and abilities of their application in the criminal procedure of Russia. Measures, directed on the formation of appropriate legal competence of jury while they studying the questions posed to them and making a final decision, are suggested
{"title":"LEGAL COMPETENCE AS A FACTOR WHICH INFLUENCES ON THE VERDICT OF JURY","authors":"G. Y. Borisevich, S. I. Afanaseva","doi":"10.17072/2619-0648-2018-3-89-97","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-3-89-97","url":null,"abstract":"the article discusses the influence of the jury competence on the justice of their verdict in criminal cases. There is given the analysis of the problems which arise in practice of Russian courts of first instance when the jury investigate evidence and international experience. There is made the conclusion about necessity of rising the level of legal knowledge of this category of persons and necessity of developing skills and abilities of their application in the criminal procedure of Russia. Measures, directed on the formation of appropriate legal competence of jury while they studying the questions posed to them and making a final decision, are suggested","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122846272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-4-76-83
D. Korotkov
the author considers the issue of execution by the parties of a contract for the implementation of experimental design and technological works, the issues of determining the essential conditions of this agreement, its place in the treaty system, and the scope of application of this contractual design in various sectors of the domestic and foreign economy. The article analyzes the situation in which the contractor for the contract for the execution of experimental design and technological work achieves the agreed purpose of the agreement by the parties, but achieves this through the implementation of not all, but only part of the items agreed upon in the contract. Author's judgments about the illegality of the position of the customer are given, which refuses to pay the remuneration to the contractor, arguing that the contractor did not complete the entire scope of the work provided for by the contract, but only a part of it.
{"title":"ACHIEVEMENT OF THE CONTRACT BY THE CONTRACTOR FOR THE CONTRACT FOR PERFORMANCE OF EXPERIMENTAL DESIGN AND TECHNOLOGICAL WORK DUE TO THE IMPLEMENTATION OF A SMALLER AMOUNT OF WORK PROVIDED FOR BY THE CONTRACT","authors":"D. Korotkov","doi":"10.17072/2619-0648-2018-4-76-83","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-76-83","url":null,"abstract":"the author considers the issue of execution by the parties of a contract for the implementation of experimental design and technological works, the issues of determining the essential conditions of this agreement, its place in the treaty system, and the scope of application of this contractual design in various sectors of the domestic and foreign economy. The article analyzes the situation in which the contractor for the contract for the execution of experimental design and technological work achieves the agreed purpose of the agreement by the parties, but achieves this through the implementation of not all, but only part of the items agreed upon in the contract. Author's judgments about the illegality of the position of the customer are given, which refuses to pay the remuneration to the contractor, arguing that the contractor did not complete the entire scope of the work provided for by the contract, but only a part of it.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132706355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-2-114-131
S. D. Dolginov
in article analyzes modern methods of cognition, regulating investigative activity, betraying her organization character, providing at the same time the maximum effect. The author reasons need of development of algorithms and programs of investigative activity. Increase in extent of informatization of process of investigation is caused by requirement of strengthening of science and practice. In article is compared the importance of the algorithms which are contained in computer programs. The practical value of the typical algorithms realized in the program though the analysis of an initial investigative situation consist that they not only will organize activity of the investigator, but also have significant effect on accumulation and systematization of knowledge, experience of the investigator.
{"title":"INFORMATION TECHNOLOGY OF INVESTIGATIVE ACTIVITY","authors":"S. D. Dolginov","doi":"10.17072/2619-0648-2018-2-114-131","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-114-131","url":null,"abstract":"in article analyzes modern methods of cognition, regulating investigative activity, betraying her organization character, providing at the same time the maximum effect. The author reasons need of development of algorithms and programs of investigative activity. Increase in extent of informatization of process of investigation is caused by requirement of strengthening of science and practice. In article is compared the importance of the algorithms which are contained in computer programs. The practical value of the typical algorithms realized in the program though the analysis of an initial investigative situation consist that they not only will organize activity of the investigator, but also have significant effect on accumulation and systematization of knowledge, experience of the investigator.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129005709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-3-98-107
I. Yaroshchuk
this article is devoted to the disclosure of one of the main problems of forensic linguistic expertise-the problem of the method. To date, the expert linguist to conduct research plenty of diverse, unconventional controversial texts, the semantic orientation of which is to be determined. Knowledge of the basic principles and provisions of the functional linguistics, cognitive, linguopragmatic determine the choice of the desired direction of research and, accordingly, the various techniques, the development of a unified system which is a priority of experts
{"title":"THE PROBLEM OF METHOD IN FORENSIC LINGUISTIC EXPERTISE","authors":"I. Yaroshchuk","doi":"10.17072/2619-0648-2018-3-98-107","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-3-98-107","url":null,"abstract":"this article is devoted to the disclosure of one of the main problems of forensic linguistic expertise-the problem of the method. To date, the expert linguist to conduct research plenty of diverse, unconventional controversial texts, the semantic orientation of which is to be determined. Knowledge of the basic principles and provisions of the functional linguistics, cognitive, linguopragmatic determine the choice of the desired direction of research and, accordingly, the various techniques, the development of a unified system which is a priority of experts","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133238809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-4-96-107
A. Matveev
the level of protection of intellectual property rights in the European Union often exceeds the minimum standards established in international treaties. The issues of minimum standards of the protection of related rights established in EU directives are viewed in this article. These acts recognize the following related rights: the rights of performers, the rights of producers of phonograms, the rights of broadcasting organizations, the rights of producers of audiovisual works, the right of publisher of unpublished works. The right to Critical and scientific publications as an optional related right, is also considered here. The circle of related rights in the European Union will be further expanded if the Directive on copyright in the digital single market is adopted The proposal for this Directive includes regulations on the right of press publications concerning digital use of their press publications (article 11) and right of sport event organizers (article 12a).
{"title":"MINIMUM LEVELS OF THE PROTECTION OF RELATED RIGHTS IN THE EUROPEAN UNION","authors":"A. Matveev","doi":"10.17072/2619-0648-2018-4-96-107","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-96-107","url":null,"abstract":"the level of protection of intellectual property rights in the European Union often exceeds the minimum standards established in international treaties. The issues of minimum standards of the protection of related rights established in EU directives are viewed in this article. These acts recognize the following related rights: the rights of performers, the rights of producers of phonograms, the rights of broadcasting organizations, the rights of producers of audiovisual works, the right of publisher of unpublished works. The right to Critical and scientific publications as an optional related right, is also considered here. The circle of related rights in the European Union will be further expanded if the Directive on copyright in the digital single market is adopted The proposal for this Directive includes regulations on the right of press publications concerning digital use of their press publications (article 11) and right of sport event organizers (article 12a).","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131261960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-1-18-29
A. Demieva
the development of digital economics has taken on vital importance nowadays. Entrepreneurs in their business actively use digital technologies by which they enter into civil law relationships of different nature. Cryptocurrency usage in commerce is one of the most topical issues discussed in a legal community. The article analyzes an issue of legal regulation of cryptocurrency which logically follows digital technologies and digital economics development. Presently there are no legislative mechanisms of cryptocurrency turnover and usage regulation. The main aim of the article is to develop legal suggestions for cryptocurrency effective regulation. With this aim the author has analyzed cryptocurrency development trend in the Russian Federation, studied experience of foreign countries (USA, Germany, France, China and Japan). In his article the author offers for the legal community a single matrix of the cryptocurrency legal regulation which comprises three levels: international, regional and national.
{"title":"CRYPTOCURRENCY LEGAL REGULATION: DEVELOPMENT TRENDS","authors":"A. Demieva","doi":"10.17072/2619-0648-2018-1-18-29","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-18-29","url":null,"abstract":"the development of digital economics has taken on vital importance nowadays. Entrepreneurs in their business actively use digital technologies by which they enter into civil law relationships of different nature. Cryptocurrency usage in commerce is one of the most topical issues discussed in a legal community. The article analyzes an issue of legal regulation of cryptocurrency which logically follows digital technologies and digital economics development. Presently there are no legislative mechanisms of cryptocurrency turnover and usage regulation. The main aim of the article is to develop legal suggestions for cryptocurrency effective regulation. With this aim the author has analyzed cryptocurrency development trend in the Russian Federation, studied experience of foreign countries (USA, Germany, France, China and Japan). In his article the author offers for the legal community a single matrix of the cryptocurrency legal regulation which comprises three levels: international, regional and national.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131629279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-2-90-102
G. Y. Borisevich
in the article, a number of situations are described that provide for a necessity to unify Russia's procedural law norms regulating such multisectoral institutions as appeal, cassation and supervisory proceedings. One of the purposes of this unification is a reasonable ensuring of protecting the rights of the individual in examination and verification phases of the civil, arbitration, administrative, criminal procedure. The following issues were reviewed: the right and term of appealing against the court decision, the rule of using the ways of appealing against court decisions until they are legally effective, reasons for reversing or changing the court decision, improvement of the legislative regulation of the first phase of the cassation procedure performed in accordance with Civil Procedural Code, Administrative Procedure Code, Criminal Procedural Code of the Russian Federation. The proposals were formulated on improving the procedural legislation. The need was shown for the concurrence in the positions of the legislators representing the four forms of the court procedures during the development and adoption of the laws regulating the mult-sectoral institutions
{"title":"ABOUT THE REASONABLE BALANCE IN PROTECTING THE RIGHTS OF AN INDIVIDUAL DURING THE EXAMINATION AND VERIFICATION PHASE IN RUSSIA'S PROCEDURAL LAW","authors":"G. Y. Borisevich","doi":"10.17072/2619-0648-2018-2-90-102","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-90-102","url":null,"abstract":"in the article, a number of situations are described that provide for a necessity to unify Russia's procedural law norms regulating such multisectoral institutions as appeal, cassation and supervisory proceedings. One of the purposes of this unification is a reasonable ensuring of protecting the rights of the individual in examination and verification phases of the civil, arbitration, administrative, criminal procedure. The following issues were reviewed: the right and term of appealing against the court decision, the rule of using the ways of appealing against court decisions until they are legally effective, reasons for reversing or changing the court decision, improvement of the legislative regulation of the first phase of the cassation procedure performed in accordance with Civil Procedural Code, Administrative Procedure Code, Criminal Procedural Code of the Russian Federation. The proposals were formulated on improving the procedural legislation. The need was shown for the concurrence in the positions of the legislators representing the four forms of the court procedures during the development and adoption of the laws regulating the mult-sectoral institutions","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"23 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123449378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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