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1
Sadin Esgerzade, Roza. "Avropa Ittifaqında insan və vətəndaş hüquqlarının ümumi prinsipləri". SCIENTIFIC WORK 77, n.º 4 (17 de abril de 2022): 137–41. http://dx.doi.org/10.36719/2663-4619/77/137-141.
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The EU, being a complex regional integration body, goes beyond the modern understanding of international organizations. This unique institution has unique criteria and characteristics in the field of human rights and freedoms, as in any other field. The institution of human and civil rights and freedoms in the EU is a key part of the Union's “constitutional law”. In the EU, institutional acts are primarily a source of human and civil rights and freedoms. However, not all rights and freedoms are fully reflected in the institutional acts. These documents mainly refer to “Union citizenship”. Taking all this into account, we can say that the study of the general principles of the European Union is very relevant for our time. Key words: European Union, civil rights, human rights, general principles, integration Roza Sadin Əsgərzadə Avropa Ittifaqında insan və vətəndaş hüquqlarının ümumi prinsipləri Xülasə Aİ mürəkkəb regional inteqrasiya qurumu olmaqla beynəlxalq təşkilatların müasir anlayışından kənara çıxır. Bu unikal qurumun hər bir sahədə olduğu kimi insan hüquq və azadlıqları sahəsində də özünəməxsus meyarları və xüsusiyyətləri vardır. Aİ-də insan və vətəndaş hüquq və azadlıqları institutu İttifaqın “konstitusiya hüququ”nun əsas hissəsidir. Aİ-də institusional aktlar ilk növbədə insan və vətəndaş hüquq və azadlıqlarının mənbəyidir. Lakin institusional aktlarda bütün hüquq və azadlıqlar tam əks olunmur. Bu sənədlər əsasən “İttifaq vətəndaşlığına” aiddir. Bütün bunları nəzərə alaraq deyə bilərik ki, Avropa İttifaqının ümumi prinsiplərinin öyrənilməsi müasir dövrümüz üçün çox aktualdır. Açar sözlər: Avropa İttifaqı, vətəndaş hüquqları, insan hüquqları, ümumi prinsiplər, inteqrasiya
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Andreev, Yury N. "About judicial protection of subjective civil rights". Russian Journal of Legal Studies (Moscow) 7, n.º 1 (7 de agosto de 2020): 9–16. http://dx.doi.org/10.17816/rjls34732.
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The article is devoted to the judicial protection of subjective civil rights. The author tries to formulate the concepts of subjective civil rights and the judicial protection of subjective civil rights to determine the ratio of subjective civil rights and the right to judicial protection as well as the judicial protection features of various subjective civil rights categories. The paper presents the authors conception of subjective rights, the various ways by which they are protected, and the features of the protection of certain types of subjective civil rights. The aim of the research is to find the most optimal ratio of the right of subjective rights owner to protection and the right of subjective right for protection, in order to determine the most typical ways to protect certain categories of subjective civil rights. The methodological basis of the research includes the well-known general and private scientific methods of scientific knowledge. The paper concludes by stating that subjective civil rights have general (universal) and specific ways of protection.
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Weinreb, Lloyd L. "What are Civil Rights?" Social Philosophy and Policy 8, n.º 2 (1991): 1–21. http://dx.doi.org/10.1017/s0265052500001102.
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For all the discussion and debate about civil rights, it is striking how little attention is given initially to the question of what civil rights are. There is no well-understood principle of inclusion or exclusion that defines the category. Nor is there an agreed list of civil rights, except perhaps a very short, avowedly nonexhaustive one, with rather imprecise entries. Yet, if the extension of the category of civil rights is uncertain, its significance is not. All agree that it is a principal task of government to protect civil rights, so much so, indeed, that a failure to protect them usually is regarded as outweighing substantial achievements of other kinds. But a right does not count as a civil right just because it is valuable or valued. Some of the rights most often asserted as civil rights reflect practical interests of their possessors considerably less than other actual or potential rights not so identified.In the United States, familiar legal doctrine provides a shortcut to the specification of civil rights. They are whatever is embraced by the provisions of the federal Civil Rights Acts: the right to vote, fair housing, equal employment opportunity, and so forth. That path, however, is not adequate for the present purpose. For the most part, the statutes refer explicitly or implicitly to federal constitutional rights, and the collective reference to them as civil rights is unexplained. The bases of the constitutional rights are too various to be a reliable guide to an independently designated category of civil rights.
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Newman, Mark. "Civil Rights and Human Rights". Reviews in American History 32, n.º 2 (2004): 247–54. http://dx.doi.org/10.1353/rah.2004.0034.
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Bakhareva, Olena. "Objects of intellectual property rights: general terms of protection". Theory and Practice of Intellectual Property, n.º 6 (16 de junho de 2021): 98–106. http://dx.doi.org/10.33731/62020.233970.
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Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs
Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.
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Karkhalev, D. N. "Digital Rights in Civil Circulation". Siberian Law Review 19, n.º 2 (22 de junho de 2022): 134–41. http://dx.doi.org/10.19073/2658-7602-2022-19-2-134-141.
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The article deals with topical issues of protecting civil rights and implementing the protective function of civil law in digital relations. The fair exercise of digital rights is a key requirement. When establishing, exercising and protecting civil rights and fulfilling civil obligations, participants in civil legal relations must act in good faith. According to this principle, you cannot take advantage of your dishonest behavior. The current Civil Code proclaims the presumption of good faith of participants in civil legal relations and the reasonableness of their actions. Unlike conscientiousness, reasonableness implies rationality, logic and expediency of his behavior. The validity is estimated and is established by the court taking into account the actual circumstances. The purpose of a digital right is that the opportunities that make it up should be used to satisfy the economic interests of the owner of such a right, and not for other purposes. Non-violent implementation of digital rights implies the absence of the goal of causing harm (losses). In case of violation of these requirements, restrictions on the exercise of digital rights, digital rights will be abused, resulting in a denial of protection of the right (full or partial). Ways to protect digital rights can be divided into two groups – general and special. The general methods provided for in Art. 12 of the Civil Code of the Russian Federation are the recognition of digital law, the restoration of the situation that existed before the violation of digital law, the suppression of actions that violate digital law or threaten to violate it, the recognition of transactions as invalid and the application of the consequences of their invalidity (restitution), self-defense of digital rights, etc. The article proposes to supplement the law with special compensation for violation of digital rights, by analogy with the sanction for violation of exclusive rights, provided for by part four of the Civil Code of the Russian Federation. The analyzed sanction should be applied in the amount of one hundred thousand to one hundred million rubles. Such a significant amount of sanctions proposed in the law is due to the special value of digital assets in the modern wor ld.
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Podolsky, Georgy. "General provisions on digital rights". nauka.me, n.º 2 (2022): 17. http://dx.doi.org/10.18254/s241328880018936-3.
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Active legislative activity in the field of regulation of digital technologies and the legal institutions that appear with them forms a huge number of disputes regarding a new phenomenon for civil turnover - digital rights. The author set out to investigate the legal essence and nature of these objects, which distinguishes them from all known objects of civil rights, the legal nature of which is defined and enshrined in law. The uniqueness of digital rights, mediated by the special features of such rights, allows them to be separately noted in the system of domestic law. In turn, such allocation requires careful work on the development of completely new legal mechanisms for regulating the existence and circulation of digital rights.
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Green, James R. "Civil Rights Unionism". Reviews in American History 29, n.º 4 (2001): 573–80. http://dx.doi.org/10.1353/rah.2001.0070.
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Hamm, Theodore. "Beyond Civil Rights". Reviews in American History 32, n.º 1 (2004): 84–89. http://dx.doi.org/10.1353/rah.2004.0003.
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EMBER, LOIS R. "CURBING CIVIL RIGHTS". Chemical & Engineering News 79, n.º 21 (21 de maio de 2001): 56–58. http://dx.doi.org/10.1021/cen-v079n021.p056.
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White, J. Douglas. "Academic civil rights". American Journal of Emergency Medicine 7, n.º 5 (setembro de 1989): 559. http://dx.doi.org/10.1016/0735-6757(89)90268-4.
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Brown, Louis. "The Civil Case for Civil Rights". National Catholic Bioethics Quarterly 23, n.º 3 (2023): 395–407. http://dx.doi.org/10.5840/ncbq202323334.
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Louis Brown discusses the mission of sharing the healing love of Christ, particularly in health care. He investigates how doing so requires that we respect the rights to life, conscience, and religious freedom as the foundations for human dignity in our health care system.
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Синицын, Сергей, e Sergey Sinitsyn. "Right in Rem: Traditions, Novels, Trends of Development". Journal of Russian Law 2, n.º 9 (23 de setembro de 2014): 76–92. http://dx.doi.org/10.12737/5504.
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On the basis of the analysis of the pandect doctrine, modern theory of Russian and foreign civil law, Russian civil legislation development concepts, the article deals with evolution of understanding of general and special attributes of some corporeal rights (ownership right; limited rights). The author considers reasonableness of mixed, palliative structures of the subjective civil legal rights combining some attributes of both real, and liability rights: real/liability rights. Based on results of the conducted research of civil legislation sources and civil law science the author comes to the following conclusions. The Roman Law did not consider separate institutes (emphyteusis, superficies, easement, ownership right) in the context of the uniform concept of the corporeal rights system. Sampling analysis of pandects has shown that pandectists did not know most attributes of corporeal rights currently used in the scientific literature, and the nature of exposition of pandects does not in any way testify to the uniformity of statement of the concept and specific features of corporeal rights. At the same time the Roman Law and the pandect doctrine laid an essential groundwork for subsequent generalisation and systematization of the most commonly encountered and recurrent attributes of corporeal rights which in the modern science are commonly interpreted as general identification attributes of the corporeal right. The author denies reasonableness and expediency of existence of real/liability legal rights. The article demonstrates historical features of formation of the corporeal right sub-branch in Russia, identifies general tendencies of development of this legislation branch and corporeal right science at the present stage. The methodology of the article is based on general scientific methods of deduction and historicism, special civil research methods: comparative/legal, functional and dogmatic ones.
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Ayusheeva, I. Z. "Digital Objects of Civil Rights". Lex Russica, n.º 7 (19 de julho de 2021): 32–43. http://dx.doi.org/10.17803/1729-5920.2021.176.7.032-043.
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The paper is devoted to the problem of digitalization of objects of civil rights. In the context of the development of the digital economy, objects are consolidated and reflected in the digital environment. Article 128 of the Civil Code of the Russian Federation sets forth the concept of digital rights. They are defined as property obligations and other rights, which does not allow them to be considered as independent new types of objects of civil rights. The category of digital rights introduced into the legislation does not cover all new objects that appear in the digital environment, which results in appearance of legal relations, in connection with which it is relevant to introduce the category of digital objects into the list of objects of civil rights as an independent type of objects of civil rights or as application of legal regimes of the named objects to new objects. For example, the categories of big data, big user data again make us think about the legal regime of information. Adhering to the understanding that information itself is not an independent type of objects of civil rights, we can conclude that information posted in the digital environment is capable of objectification as an intangible benefit (for example, personal data is an integral part of privacy, other rights enshrined in the legislation), while the owner of this information can transfer the right to use it to other persons. This right can be considered as a property (exclusive) right. The very provision of information can be objectified within the framework of services for its provision. Big data, if it does not contain personal information, can also be covered by a category of publicly available data that can be collected, analyzed, summarized by persons accessing this data legally (for example, from open sources on the Internet). In addition, the paper elucidates the problems of determining the legal regime of so-called virtual objects in the narrow sense (in-game objects, objects of virtual or augmented reality), artificial intelligence and robots created on the basis of artificial intelligence technology. In general, it is concluded that it is possible to extend to digital objects the legal regime of the named objects of civil rights with due regard to the peculiarities of their consolidation in the digital environment
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Burkhanova, Yu I., e N. A. Novokshonova. "Digital rights as objects of civil rights". Bulletin of Chelyabinsk State University. Series: Law 7, n.º 3 (2022): 35–40. http://dx.doi.org/10.47475/2618-8236-2022-17306.
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Zakirov, Radik Yu, e Nikita S. Kulmyakov. "Digital rights as objects of civil rights". Law Нerald of Dagestan State University 44, n.º 4 (2022): 79–82. http://dx.doi.org/10.21779/2224-0241-2022-44-4-79-82.
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Technologies are rapidly developing in the world and have penetrated intoall spheresofhumanlife, acting as assistants in some areas, and surpassing humans in others. It is obvious that, thanks tonewtechnological changes, it is precisely the social relations that are developing about digital rights that aredevelopingmostdynamically. An important feature of such legal relations is their diversified nature. As a result, newlegal normsare being formed that regulate the use of digital data in conjunction with digital technologies. The author in this study considers digital rights as objects of civil rights. In the course of thestudy, theconcept of digital rights was defined, as well as research by scientists, including their debatable nature, intermsofcreating an exhaustive concept of digital rights. The characteristic features of digital objects andtheir meaningwere identified. The author also analyzed the form and form in which objects of digital rights arepresented.
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Feri, Made, e Deli Bunga Saravistha. "IMPLEMENTASI HAM GENERASI PERTAMA DALAM INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) PADA KEHIDUPAN POLITIK MASYARAKAT DESA MARGA, TABANAN PROVINSI BALI". Jurnal Cakrawala Ilmiah 2, n.º 7 (23 de março de 2023): 2991–3000. http://dx.doi.org/10.53625/jcijurnalcakrawalailmiah.v2i7.5284.
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The first generation of human rights basically spoke about freedom and political life, in other words, these rights were civil and political rights. In this case, it can be exemplified by the right to life, equality before the law, freedom of opinion, the right to a fair legal process, the right to freedom of religion and the right to vote and be elected in elections. The role of the village apparatus is very important in guaranteeing the implementation of freedom of human rights in society which is reflected in the system of government and protection of the rights of the community in the civil and political fields in accordance with the Law of the Republic of Indonesia Number 12 of 2005 concerning Ratification of the International Covenant On Civil And Political Rights Covenant (International Civil and Political Rights) which is accompanied by a Declaration against Article 1 concerning the ratification of the International Covenant on Civil and Political Rights. The obstacles faced in the fulfillment of civil and political rights in the community can be resolved by using a consensus approach bridged by the Village Consultative Body (BPD) and facilitated by the village apparatus. BPD plays an important role in ensuring the civil and political rights of the people of Marga Dauh Puri Village, Marga District, Tabanan Regency, Bali. Moreover, the UN Human Rights Council has opened up opportunities for complaints for individuals, activists and NGOs. So it is interesting to examine more deeply through two problems, namely regarding the selection mechanism and the absorption of understanding of human rights in the regulation and process of selecting village government apparatus, especially related to civil and political rights in the life of the nation and state of the Marga Village community in particular. With a research method that is somewhat different from human rights research in general, namely Juridical Empirical.
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Kaplunova, Natalia. "The Guarantees of Civil Rights: Single Ways of Protection and Their Systemic Relationship". Legal Concept, n.º 2 (julho de 2022): 168–74. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.22.
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Introduction: the target orientation of the domestic legal system of society is the protection of human and civil rights and freedoms. Constitutional and civil law principles express the central idea of the domestic legal regulation – the need to protect civil rights and legitimate interests of particular persons. The current legislation of the Russian Federation does not contain a legal definition of ways to protect civil rights, limiting itself only to listing specific ways to protect civil rights in Article 12 of the Civil Code of the Russian Federation. At the same time, there is no unified approach to this issue in civil law either. Purpose: to identify and establish the fundamental signs of civil rights protection; to define civil rights protection as an institution of civil law; to disclose the essence of a single way of civil rights protection; to identify the systemic signs of ways of civil rights protection and establish their systemic relationship. Methods: the methodological framework for the research is a set of general scientific and specific scientific methods of studying phenomena and processes, including: the dialectical, formal legal (dogmatic) methods, the method of comparative jurisprudence, the concrete social, comparative legal, historical and logical methods. The research is based on the method of analyzing the current Russian legislation and the law enforcement practice. The systematic approach allows establishing the integrity of the system of ways to protect civil rights, the hierarchy of its structure, as well as structuring its elements. Results: the substantiation of the protection of civil rights as the central idea of the domestic legal regulation by studying the place of the system of ways of civil protection in the civil law regulation system. This study is based on the correlation of the concepts of “protection” and “defense”, the definition of the institution of civil rights protection through the functions of civil law, the justification of the subjective right to protection, the consideration of various classifications of ways to protect civil rights and the identification of forms of protection. Conclusions: as a result of the conducted research, it is found that through the protection of civil rights, the preventive and/or protective functions of civil law are implemented; the understanding of ways to protect civil rights as certain behaviors of an interested person is revealed, and the definition of a single way to protect civil rights as one of the ways to realize the right to protection is given; it is revealed that the ways of protection civil rights in the institutional aggregate form a special integrity, that is, a system that serves to achieve a single goal; a systemic relationship of the ways to protect civil rights is established.
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Mattson, Kevin. "Civil Rights Made Harder". Reviews in American History 30, n.º 4 (2002): 663–70. http://dx.doi.org/10.1353/rah.2002.0079.
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Petkilev, Pеtr I. "Exclusive Right in the Theory of Absolute Subjective Civil Rights". Rossijskoe pravosudie, n.º 8 (19 de julho de 2023): 81–87. http://dx.doi.org/10.37399/issn2072-909x.2023.8.81-87.
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Exclusive rights to various objects of intellectual property rights differ significantly from each other, which allows us to talk about their diversity. The research is aimed at studying the legal nature of exclusive rights. In particular, attention is paid to the attribute of the absoluteness of exclusive rights. The paper consistently argues for the need to rethink the sign of absoluteness of exclusive rights. The author comes to the conclusion that not all exclusive rights are absolute. This conclusion determines the need to formulate new classifications of subjective civil rights. Keywords: exclusive rights, subjective law, absolute law, dichotomy of law
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Stepin, Aleksandr B. "Mechanisms of Civil Rights Protection". Civil law 6 (17 de dezembro de 2020): 16–19. http://dx.doi.org/10.18572/2070-2140-2020-6-16-19.
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A comprehensive approach to the protection of civil rights allows us to consider this legal activity as a set of judicial and non-judicial private and public legal mechanisms. Based on the provisions of article 11 of the civil code, the basis of civil rights protection mechanisms is a continuing security relationship with the prospect of development (resolution) in the civil and (or) administrative-legal order. The General features of protection mechanisms are conflict management with the help of consistently implemented means and methods, filling the shortcomings of legal regulation, minimizing the risks of negative consequences, focus on the real (actual) restoration of the violated (disputed) rights. Differing officially established order (procedure) mechanisms of protection of civil rights, implemented regardless of the applicant’s chosen form of conflict resolution.
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Koch, Ida Elisabeth. "Social Rights as Components in the Civil Right to Personal Liberty: Another Step Forward in the Integrated Human Rights Approach?" Netherlands Quarterly of Human Rights 20, n.º 1 (março de 2002): 29–51. http://dx.doi.org/10.1177/016934410202000103.
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The article seeks to get closer to an understanding of the legal implications of the notion of the indivisibility of human rights as distinct from the philosophical implications. While the first part of the article (Sections I-IV) deals with the notion of indivisibility in a general way by discussing possible interpretations and legal principles for pursuing an integrated human rights approach, the second part of the article (Sections V-VIII) deals with indivisibility in the concrete context of deprivation of liberty for medical or social reasons. Despite increased awareness of the possibilities of an integrated human rights approach, the European Court of Human Rights has in this particular context been reluctant to accept a blurred dividing line between social and civil rights. By emphasising the close connection between the existence of treatment and the duration of the confinement, the article, however, argues that fulfilment of the civil right to personal liberty is dependent on recognition of the interdependence between social rights and civil rights. Even though social and civil rights have been separated into two conventions proportionality and teleological considerations lead to the conclusion that the (social) right to treatment ought to be considered an integrated component of the (civil) right to personal liberty.
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QIU, Lin-Gyu, e Kyoung-Un Chun. "A Study on the Injunction under the Chinese Civil Code". Kyung Hee Law Journal 57, n.º 2 (30 de junho de 2022): 81–112. http://dx.doi.org/10.15539/khlj.57.2.3.
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Chinese Civil Code that was enforced in 2021 prescribes injunction aimed at real rights in Article 236 of the Part of Real Rights based on Article 35 of the repealed Chinese Property Law, and prescribes injunction aimed at torts in Article 1167 of the Part of Torts in accordance with Article 21 of the repealed Chinese Tort Law, meanwhile injunction aimed at personality rights has been prescribed in Article 995 of the Part of Personality Rights. In addition, Article 179 of the Chinese Civil Code which is about the methods of civil liability stipulates ‘cessation of obstruction’, ‘removal of obstruction’, and ‘risk elimination’ as one of the methods of civil liability in Paragraphs 1, 2 and 3, therefore Chinese Civil Code legislated injunctions as right to claim for cessation of obstruction, right to claim for removal of obstruction, right to claim risk elimination.
Accordingly, in this paper we introduce and examine injunction aimed at real rights, injunction aimed at personality rights and injunction aimed at torts recognized under Chinese Civil Law, and introduce the situation of discussions in China on the interrelationship of the three injunctions in detail. Besides in Chinese Civil law whether rights to injunctions is subject to extinctive prescription, the legal principles of restricting injunctions and discussions in China between injunctions and preservation litigation are also introduced in this paper.
The legislation of injunctions aimed at real rights, personal rights and torts in Chinese civil law can be said to be a legislative attitude with few legislative examples in other countries. In addition, clarifying the relationship and application of injunctions under Articles 236, 995, and 1167 of the Chinese Civil Code is a task to be resolved in the future.
Recently, Korean Ministry of Justice proposed to legislate injunction aimed at personal rights as an amendment of Korean Civil Code, in the meantime there have been several discussions on the revision of injunctions due to the revision of the Korean Civil Law. Legislative discussions on the rights to injunction in Korea are expected to continue in the future, and when discussing it legislation on the rights to injunction in Chinese civil law can be considered to be an important legislative reference.
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Aleksieiev, O. H. "Civil liability in pharmacy". Current issues in pharmacy and medicine: science and practice 14, n.º 2 (1 de junho de 2021): 251–58. http://dx.doi.org/10.14739/2409-2932.2021.2.234301.
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The aim to characterize civil liability as a component of legal liability in pharmacy. Materials and methods. During the research, the methods of analysis, synthesis, and legal comparison were used. National civil legislation, as well as general theoretical approaches and points of view to the issues of civil liability in the pharmaceutical healthcare sector were used as research material. Results. The sphere of circulation of medicines is a multifaceted complex of legal relations regulated by the norms of various branches of law. At the same time, their generalizing feature is the focus on providing the population with affordable, safe and high-quality medicines. Establishing the rights of citizens at the legislative level, the legislator always necessarily provides for mechanisms of protection against violation of these rights. One of the most effective mechanisms is legal liability. Since the above citizens' rights are civil rights, it seems relevant to investigate the essence and content of civil liability in the pharmaceutical healthcare sector. Pacta sunt servanda is a principle of international law, according to which treaties are binding and must be executed in good faith. Unlike contractual liability, delict liability occurs in cases where the violator does not have a contractual relationship with the offended party. Conclusions. Civil liability is one of the most effective measures to ensure the constitutional right of citizens to accessible. safe and quality medicines. Determination of the legal status of a pharmaceutical worker as one of the central figures in healthcare is necessary for the correct determination of the type of civil liability
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Buletsa, S. "Anatomical materials as objects of civil rights". Uzhhorod National University Herald. Series: Law, n.º 68 (24 de março de 2022): 46–51. http://dx.doi.org/10.24144/2307-3322.2021.68.8.
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This scientific article is aimed at revealing the topical issue of the place of anatomical materials among the objects of civil rights. With the adoption of the Law "On the use of transplantation of anatomical materials" the issue of anatomical materials as an object of civil rights
Within the framework of this research, a theoretical and applied method of research was carried out using a dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of the object of civil rights.
To achieve this goal, the author used methods typical of legal science. The use of the system-structural method helped to determine the general structure of the work, which in turn provided an opportunity to reveal the objectives of the study to determine the place of anatomical materials among the objects of civil rights.
Based on the study, the author concludes that the transplantation of anatomical materials is a difficult issue, because it is carried out only with human assistance. It should be borne in mind that the right to life is linked to the right to die; the right to physical integrity extends beyond the living body, it reaches the dead body; the power of man is not only over the living body, but over man - over the corpse.
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Fisk, Catherine L. "“People Crushed by Law Have No Hopes but from Power”: Free Speech and Protest in the 1940s". Law and History Review 39, n.º 1 (fevereiro de 2021): 173–203. http://dx.doi.org/10.1017/s0738248020000498.
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In a trio of cases handed down on the same day in 1950, the Supreme Court denied constitutional free speech protection to civil rights picketing and labor picketing. The civil rights case, Hughes v. Superior Court, has often been portrayed as an early test case about affirmative action, but it originated in repression of an alliance of radical labor and civil rights activists exasperated by the legislature's repeated failure to enact fair employment law. Seeking a people's law like the labor general strikers and sit-downers of the 1930s and the civil rights sit-inners of the 1960s, they insisted that the true meaning of free speech was the right to speak truth to power. Courts and Congress forced the labor movement to abandon direct action even as it became the defining feature of the civil rights movement. The free speech rights consciousness they invoked challenged the prevailing conservative conception of rights and law. Direct action was a form of legal argument, a subaltern law of solidarity. It was not, as civil rights protest is often portrayed, a form of civil disobedience. What happened during and after the case reveals how the subaltern law and formal law labor and civil rights began to diverge, along with the legal histories of the movements.
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Zaika, Yuri O., Oleksandr Ye Kukhariev, Volodymyr L. Skrypnyk e Aliesia A. Mytnyk. "Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects". International Journal of Criminology and Sociology 10 (31 de dezembro de 2020): 355–62. http://dx.doi.org/10.6000/1929-4409.2021.10.43.
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The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.
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Joseph, Sarah. "General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life (H.R. Comm.)". International Legal Materials 58, n.º 4 (agosto de 2019): 849–71. http://dx.doi.org/10.1017/ilm.2019.31.
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In October 2018, the United Nations Human Rights Committee (UNHRC) adopted General Comment 36 on Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the guarantee of the right to life.
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&NA;. "NEW CIVIL RIGHTS FIGHT BEGINS". AJN, American Journal of Nursing 90, n.º 4 (abril de 1990): 130–31. http://dx.doi.org/10.1097/00000446-199004000-00060.
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Carpi, Federico. "Urgent Relief in Italian Civil Procedure". Israel Law Review 20, n.º 4 (1985): 456–61. http://dx.doi.org/10.1017/s0021223700008748.
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Urgent relief imposes two basic requirements which influence both the procedure and the structure of the trial in which it is applied: avoiding prejudice and, in order to avoid prejudice, deviating from the general rules of procedure.As Calamandrei rightly noted in his fundamental work of 1936 (recently reprinted), the duration of the ordinary suit can lead to the danger that measures taken will be both useless and tardy. This is not a new viewpoint: it was a valid dictum in the Roman trial that “Si periculum est in mora, receditur a regulis iuris communis”.The thing which is new in our times is the consciousness in democratic legal systems that the judicial protection of rights and legitimate interests is not effective unless it is quickly obtainable. This observation applies to ordinary commercial rights, but above all it applies to non-commercial ones, for example rights of the person and his liberty. In other words, the time factor has become a vital one in guaranteeing and effecting access to justice.It is well known that the United States Constitution establishes the right to a speedy trial. Article 6 of the European Convention on Human Rights similarly states that everyone has the right to have his case decided “dans un d61ai raisonable”.
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Li, MoFei. "The Proof and Development of the Right to Be Forgotten in Civil Code". Advances in Politics and Economics 6, n.º 2 (23 de maio de 2023): p121. http://dx.doi.org/10.22158/ape.v6n2p121.
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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.
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Vasilevskaya, L. Ju. "Artificial Intelligence: problems of civil law qualification". Courier of Kutafin Moscow State Law University (MSAL)), n.º 5 (11 de agosto de 2023): 32–40. http://dx.doi.org/10.17803/2311-5998.2023.105.5.032-040.
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Following the methodology of civil research, the concept of artificial intelligence is analyzed and the conclusion about the fallacy of recognizing the legal personality of artificial intelligence is argued. Artificial intelligence as a result of complicated programming is a complex object of civil rights, which includes various structural elements — the results of intellectual activity. The mechanism of acquiring the right to use the results of intellectual activity included in a complex object by a person who organized the creation of artificial intelligence is considered. The essence of legislative exceptions from the general rules on agreement on the alienation of exclusive rights and license agreements in relation to artificial intelligence is analyzed. The conclusion is substantiated that in the absence of regulation of relations on the acquisition of the right to a complex object, it should be provided for: an agreement between the person who organized the creation of artificial intelligence and each of the right holders of the result of intellectual activity that is part of artificial intelligence, or a special condition provided for in the agreement on the alienation of the exclusive right to the result of intellectual activity in as part of an artificial intelligence or a license agreement with each right holder. The conclusion is reasoned that the person who organized the creation of artificial intelligence, in the presence of the considered legal grounds, acquires not only the rights to the relevant results of intellectual activity — structural elements of artificial intelligence, but also the right to the entire artificial intelligence as a whole.
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Matthews, Sandra. "In Defense of Civil Rights". Afterimage 30, n.º 3-4 (2002): 13–14. http://dx.doi.org/10.1525/aft.2002.30.3-4.13.
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Steadman, P. "Civil rights for disabled people". BMJ 306, n.º 6877 (27 de fevereiro de 1993): 585. http://dx.doi.org/10.1136/bmj.306.6877.585-a.
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Howard, Judith A. "Is Civil Rights Activism Rational?" Contemporary Psychology: A Journal of Reviews 39, n.º 4 (abril de 1994): 413–14. http://dx.doi.org/10.1037/034107.
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Ladner, Joyce A. "A New Civil Rights Agenda". Brookings Review 18, n.º 2 (2000): 26. http://dx.doi.org/10.2307/20080906.
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Hole, J. "The last civil rights movement". BMJ 298, n.º 6680 (22 de abril de 1989): 1121–23. http://dx.doi.org/10.1136/bmj.298.6680.1121.
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Mograbyan, A. S. "Digital Rights as Objects of Civil Rights in Russia". Actual Problems of Russian Law 17, n.º 10 (22 de setembro de 2022): 141–47. http://dx.doi.org/10.17803/1994-1471.2022.143.10.141-147.
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Following a comprehensive study and analysis of theoretical provisions and private law regulation, the author identifies specific features of the definition of digital rights as an object of civil rights and assesses the emergence of the new concept of «digital rights» for domestic civil law in the legislation. Particular attention is given to the wording of the concept of digital rights contained in the Civil Code of the Russian Federation. The main problems that gave rise to numerous discussions in the science of civil law regarding the legal definition of digital rights are identified. Attention is drawn to the fact that, according to the current civil legislation of the Russian Federation, digital rights include only those that are directly named as such in the law. Following a systematic analysis of the current legislation and doctrinal provisions in the area under study, the author concludes that the transferability of digital rights is limited. The adopted federal laws on attracting investments using investment platforms and on digital financial assets are considered, utilitarian digital rights and digital rights that relate to digital financial assets are analyzed. Attention is also given to other problems that arise as a result of the modernization of civil law regulation of public relations in the field of digital rights, for example, regarding the contradictions in the terminology used by the legislator that give rise to numerous discussions (in particular, «information systems» when defining the category «digital rights»), and possible mechanisms to overcome them. The conclusion is made about the importance of the appearance in the domestic civil legislation of norms on digital rights, indicating the desire of the legislator to respond in a timely manner to the challenges of the transforming digital reality, which will serve as a necessary prerequisite for further regulation of civil law relations that are rapidly changing under its influence.
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Nelin, Oleksandr. "Human and civil rights as a determiner of national state-building". Legal Ukraine, n.º 7 (21 de setembro de 2020): 6–12. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-1.
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At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.
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Mashtakov, I. V. "A refusal to exercise rights under the contract on the basis of the provisions of the Civil Code of the Russian Federation". Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, n.º 3 (2023): 28–34. http://dx.doi.org/10.18323/2220-7457-2023-3-28-34.
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In this study, the author was interested in the legislative approach to the conditions and methods of implementing the provisions of the Civil Code of the Russian Federation (RF Civil Code), which consider the possibility of a refusal to exercise rights under the contract as an exception to the general rule, when such refusal in the future will entail the inadmissibility of repeated exercise of this right for the same reasons. The author analyzed certain norms of the RF Civil Code, when provisions on a refusal to exercise rights under the contract found their application in specific situations. Such norms of the RF Civil Code confirmed the main goal of the legislator when introducing the provisions under study. It consists in ensuring that business entities fully use the freedom of a contract, exercise their rights in the contract at their own discretion, exercise the right of a refusal, but do not seek to abuse the freedom granted to them. As a part of the analysis of the RF Civil Code norms, the author identified the conditions and methods for implementing the provisions on a refusal to exercise rights, the consequences of such a refusal, as well as distinctive features allowing distinguishing the provisions under study from the RF Civil Code provisions on the repudiation of a contract (its execution) as a whole. Conclusions are drawn that allow understanding the legal sufficiency and practical necessity of applying the studied provisions of the RF Civil Code in civil circulation.
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Ilesanmi, Simeon O. "Civil-Political Rights or Social Economic Rights for Africa?" Annual of the Society of Christian Ethics 17 (1997): 191–212. http://dx.doi.org/10.5840/asce19971713.
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Deineha, Maryna. "Recognition of land ownership as a civil law method of rights protection". Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, n.º 14(26) (12 de dezembro de 2022): 128–36. http://dx.doi.org/10.33098/2078-6670.2022.14.26.128-136.
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The purpose of the article is to analyze theoretical approaches and provisions of legal acts regarding the recognition of land ownership as a civil law method of protecting rights, to identify gaps and contradictions in national legislation and judicial practice that arise during the application of such a method of protection, as well as to develop proposals to the improvement of legislation on certain issues. The methodological basis of the research was the dialectical method of scientific knowledge, the general scientific (formal-logical, methods of analysis and synthesis) and the special-legal method (formal-legal). The scientific novelty lies in the fact that based on the analysis of doctrinal and normative sources, the article reveals gaps and contradictions in national legislation and judicial practice that arise when applying the recognition of property rights as a civil law method of protecting rights, and also develops proposals for improving the legislation from a specific issue. According to the results of the study, it was established that the recognition of the right of ownership is an effective way of civil legal protection of the right to land ownership, which is aimed at eliminating disputes and uncertainty of the content of the rights of the owner of a plot of land, ascertaining the existence of the right of ownership and its renewal, by creating legal opportunities for the realization of rights belonging to the owner land plot of powers. The practical significance of the article lies in the fact that the proposed changes to the civil and civil procedural legislation of Ukraine can be used in law-making activities with the aim of improving the regulatory framework in the field of civil law protection of rights.
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Epstein, Richard A. "Two Conceptions of Civil Rights". Social Philosophy and Policy 8, n.º 2 (1991): 38–59. http://dx.doi.org/10.1017/s0265052500001126.
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I. WhatVintage ofCivilRights?In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared free, they are nonetheless denied their civil rights if they are unable to own property, to enter into contracts, to make wills, to give evidence, and to sue (and be sued) in courts. With all these civil rights claims, the target of the individual grievance is the state; it has denied large classes of individuals the formal capacities that it recognized and protected in others. The Civil War was fought largely over slavery. In its aftermath, civil rights claims protecting individual capacity received explicit, if imperfect, statutory and constitutional protection. The postbellum protections did not guarantee these rights in absolute fashion – that is, in a way that would not be susceptible to abridgment under any circumstances. Instead, civil rights were protected in what might be called a relative fashion: whatever rights of this sort were enjoyed by white citizens were to be enjoyed by the newly freed black citizens as well.
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Triyana, Heribertus Jaka. "Conscientious Objection Before the Indonesian Constitutional Court". Constitutional Review 8, n.º 2 (30 de dezembro de 2022): 323. http://dx.doi.org/10.31078/consrev825.
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The issuance of Indonesia’s Law No. 23 of 2019 on the Management of National Resources for State Defense (PSDN Law) sparked a national debate on conscription and conscientious objection. Consequently, a coalition of civic society organizations submitted the PSDN Law before the Constitutional Court for judicial review. They argued that the PSDN Law violates the Indonesian Constitution’s Article 28 on human rights protection. One of the legal submissions is based on the argument that the PSDN Law deliberately ignores human rights in order to provide reserve and backup components to the military. This argument is supported by Article 18 of the International Covenant on Civil and Political Rights (ICCPR) and the ICCPR’s General Comment No. 22 of 1993 paragraph 11, justifying conscientious objection as an inherent human right. The analysis in this paper is mainly uses the legal positivism paradigm and the human rights-based approach. This paradigm provides a framework for analyzing how the PSDN Law generates a distinctive legal feature for Indonesia’s legal system. In line with Article 28 of the Indonesian Constitution, the Constitutional Court should explicitly assess the preservation of civil rights. It may be claimed that conceivable legal gaps (norm versus reality) and legal loopholes add to the Constitutional Court’s obligation to consider the omission of conscientious objection recognition. This article argues the Constitutional Court should adjudicate on the issue of citizens being conscripted as reserve and backup components in situations of military threats, hybrid threats and/or non-military threats. This research further maintains that the Constitutional Court should recognize the existence of conscientious objection as an inherent human right, as a form of judicial activism. In accordance with the doctrine of judicial activism, the Court could resolve and offer solutions to the existence of conscientious objection as a democratic civil right. The Court should also determine the area, scope, application and orientation of conscientious objection as a distinct feature of human rights based on Indonesia’s context and perspective on defense required by international human rights treaties, conventions, or general comments on such instruments.
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Habermas, Jürgen. "Religious Tolerance—The Pacemaker for Cultural Rights". Philosophy 79, n.º 1 (janeiro de 2004): 5–18. http://dx.doi.org/10.1017/s0031819104000026.
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Religious toleration first became legally enshrined in Europe in the 16th and 17th centuries. Religious toleration led to the practice of more general inter-subjective recognition of members of democratic states which took precedence over differences of conviction and practice. After considering the extent to which a democracy may defend itself against the enemies of democracy and to which it should be prepared to tolerate civil disobedience, the article analyses the contemporary dialectic between the notion of civil inclusion and multiculturalism. Religious toleration is seen as the pacemaker for modern multiculturalism, in which the claims of minorities to civic inclusion are recognized so long as members of all groups understand themselves to be citizens of one and the same political community.
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Kolobylina, O. O. "Civil contract as an institution of civil law". Bulletin of Kharkiv National University of Internal Affairs 103, n.º 4 (25 de dezembro de 2023): 74–79. http://dx.doi.org/10.32631/v.2023.4.06.
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The article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal relations. Civil law includes rules that establish the basis for the creation, modification and termination of civil relations, as well as determine the procedure for the protection of violated civil rights.
It has been stated that a civil contract as an institution of civil law is a voluntary agreement in which the parties to the contract express a single will aimed at establishing, changing or terminating civil rights and obligations and achieving certain civil law consequences in the appropriate form.
The author identifies the following key features of a civil law contract (agreement): like any contract, it is concluded on a voluntary basis, however, its parties are equal and bear mutual responsibility for non-performance and/or improper performance of their obligations; the contract is personalised; stability of the contract (agreement) terms which remain in force until they are changed by agreement of the parties or until the contract expires in accordance with the stipulated terms; flexibility of terms and conditions, since the parties have the right to determine their own terms and conditions of the contract, in particular, price, terms, scope, etc.; the scope of a civil law contract is broad, and may include issues related to the sale and purchase of goods, services, loans, lease of property, etc.; a civil law contract is an important source of civil law.
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Prisac, Alexandru. "General competence – a premise of the existence of the civil form of defense of civil rights". Studia Universitatis Moldaviae. Seria Stiinte Sociale, n.º 3 (junho de 2023): 219–25. http://dx.doi.org/10.59295/sum3(163)2023_26.
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In this article, the general jurisdiction was analyzed as an interbranch legal institution that constitutes a premise for the existence of the judicial form of defense of civil rights. In the absence of the regulations regarding general competence, there would be no whole activity of the courts aimed at defending the rights, freedoms and legitimate interests of the person. The particularities of this premise were highlighted, starting from the provisions of the legislation of the Republic of Moldova, recent amendments, judicial practice and surveys regarding the perception of legal phenomena in the Moldovan society. Those essential characteristics are presented that raise the weight of the judicial form in relation to other forms of defense of civil rights and that determine the legislator to operate the changes in the regulations of the general jurisdiction to give priority to one or another of these forms. Also, proposals are submitted to amend the legislative framework to improve it in this area.
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Davenport, John. "How Lincoln Scooped Habermas". Res Philosophica 101, n.º 2 (2024): 323–57. http://dx.doi.org/10.5840/resphilosophica20241012124.
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In opposing Stephen Douglas’s alleged popular right to choose a slave constitution, Abraham Lincoln developed a rudimentary conception of the normative presuppositions of democratic rights that prefigures the theory of popular sovereignty articulated by Jürgen Habermas. While Lincoln was influenced by a civic republican conception of natural rights, and referred to personal autonomy in arguing that some political choices violate the grounds of collective self-governance rights, both Lincoln—as read by Jaffa—and Habermas conceive human rights not as trans-political principles but as linking moral norms with the rule of law (or coordination through political power in general). The comparison shows that Habermas’s approach to the co-originality of civil liberties and democratic rights implies that legitimate secession, revolution, and primary constituent authority must be oriented toward creation of a just legal order. This enriched linkage approach explains why the right to democracy, like the right to basic liberty, is inalienable.
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Park, Minho, e Seonggyu Hong. "A Study on the Elements of the Black Civil Rights Movement in American Popular Music: Centered around the 1960s". Korean Society of Culture and Convergence 45, n.º 10 (31 de outubro de 2023): 469–81. http://dx.doi.org/10.33645/cnc.2023.10.45.10.469.
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The purpose of this study is to examine the elements of the black civil rights movement in American popular music in the 1960s. Therefore, in order to help understand popular music and the black civil rights movement, the overall flow was examined, and the form of the black civil rights movement observed through this was observed through social background and lyrics analysis. The elements of the black civil rights movement in popular music were identified as four elements: abolition of racism and equality, demand for institutional change, identity and decision-making, cooperation and solidarity, and these elements are provided as basic data to prove the characteristics of popular music used as a means of the times and civic consciousness.
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Fonte, John. "The tragedy of civil rights". Society 34, n.º 5 (julho de 1997): 64–76. http://dx.doi.org/10.1007/s12115-997-1042-1.
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