Об инклюзивном механизме регулирования авторских отношений в Российской Федерации
The paper is dedicated to research of prerequisites for establishment of inclusive legal regulating mechanism of copyright relations in the information society. We have studied the question of necessity to take in account inherent properties of intellectual works while developing the rules of their legal regulation. We consider that natural theory of law suppose the existence of two kinds morality of law and its influence on the legal system. We have fulfilled analysis of the embodiment of morality of duty and morality of aspiration in copyright legal provisions. It is demonstrated that the legal enforcement of morality of aspiration allows to authors standing for maximal proliferation of their works for free to realise own intellectual rights with greater effectiveness. The elaborated conclusion is that morality of aspiration works as a philosophy-legal basis for inclusive regulating mechanism of copyright relations. To support the positive influence of morality of aspiration on copyright legislation in the interests of society and intellectual rights holders, the author of this article recommends to enhance development of the inclusive regulating mechanism of copyright relations in Russia.
At the end of 2009 and in the first half of 2010 the current problems of perfection of the russian copyright law were widely discussed at the different public forums, in mass media (magazines, radio and TV). In this article E.P.Gavrilov, doctor of sciences, professor of the chair of the civil law of the state university «higher school of economy» analyzes the most important of these problems.
авторское право, охрана авторских прав, произведение, правообладатель, авторское вознаграждение.
Now there are various kinds of licence agreements on use of the computer programs which distinction consists in volume of the rights transferred to the user of the program. To classify kinds of agreements it is possible as: licence agreements on programs with an open code and licence agreements on programs with the closed code. Given article also is devoted to the analysis of basic distinctions.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/