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1
Kovalenko, N. V. "Administrative-legal regime of public property". State and Regions. Series: Law 4 (2019): 74–79. http://dx.doi.org/10.32840/1813-338x-2019-4-13.
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Foders, Federico. "Public Policy and Resource Use: The Case of Offshore Oil". Energy Exploration & Exploitation 5, n. 2 (aprile 1987): 111–21. http://dx.doi.org/10.1177/014459878700500202.
Testo completoAbstract (sommario):
This paper addresses the role of the government as a producer of regimes to govern natural resource use. The regime for hydrocarbon exploration and exploitation in the Outer Continental Shelf of the United States serves as an empirical illustration. The efficiency of this regime is evaluated applying criteria derived from economic theory (natural resource and property rights theory). The claims put forward by powerful political groups are contrasted with empirical evidence on the performance of the oil and gas industry. The fact that these claims were able to substantially influence the making of the regime in spite of their actual irrelevance is analysed from a public choice perspective.
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Chernenko, Olena. "LEGAL REGIME OF PROPERTY OF PUBLIC JOINT STOCK COMPANIES". Entrepreneurship, Economy and Law 12 (2019): 130–34. http://dx.doi.org/10.32849/2663-5313/2019.12.24.
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Laín, Bru, e Edgar Manjarín. "Private, Public and Common". Theoria 69, n. 171 (1 giugno 2022): 49–73. http://dx.doi.org/10.3167/th.2022.6917104.
Testo completoAbstract (sommario):
The conception of property is usually moulded upon diverting historical and political-philosophical frameworks. The current interest on the commons illustrates these divergences when they come up between a ‘pure’ public and a ‘pure’ private form of ownership. This conceptual triad misleads by conflating private property with an absolute property right while equating public property with a centralised political regime. This article traces the republican conception of property in order to show how it draws a legal and philosophical continuum around different forms of ownership, based on a fiduciary principle underlying the relationship between the sovereign or principal (trustor) and its agent (trustee). Despite modern socialism apparently left aside the question of the commons, the republican-fiduciary rationale was reformulated according to the modern industrial capitalist society.
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Shulzhenko, S. I. "Constitutional Court’s of the Russian Federation Impact on Public Property (Part 2)". Administrative Consulting, n. 10 (7 dicembre 2021): 102–16. http://dx.doi.org/10.22394/1726-1139-2021-10-102-116.
Testo completoAbstract (sommario):
The article focuses on the main principles of public property as Constitutional Court of the Russian Federation formulates them. The author reveals actual problems of public property as a complex institution, including mainly constitutional, administrative, financial, and in a less degree civil law. There is a direct relation between public property, public finance, budget, legal regime of the territory concerned and citizens’ public rights. Establishment of a legal regime of the territory helps to preserve current public land and property usage and provides public rights. The ability of public property unilateral transfer to another level of public ownership is justified. Meantime in the context of specialized public housing stock problem the author suggests sensitive decision for the legal status of quarters as a specialized commercial housing stock. Legal positions of the Constitutional Court promote effective solution to the conflict within the community and provide guidance for the legislative and law-enforcement activity.
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Shulzhenko, S. I. "Constitutional Court’s of the Russian Federation Impact on Public Property (Part 1)". Administrative Consulting, n. 9 (11 novembre 2021): 128–44. http://dx.doi.org/10.22394/1726-1139-2021-9-128-144.
Testo completoAbstract (sommario):
The article focuses on the main principles of public property as Constitutional Court of the Russian Federation formulates them. The author reveals actual problems of public property as a complex institution, including mainly constitutional, administrative, financial, and in a less degree civil law. There is a direct relation between public property, public finance, budget, legal regime of the territory concerned and citizens’ public rights. Establishment of a legal regime of the territory helps to preserve current public land and property usage and provides public rights. The ability of public property unilateral transfer to another level of public ownership is justified. Meantime in the context of specialized public housing stock problem the author suggests sensitive decision for the legal status of quarters as a specialized commercial housing stock. Legal positions of the Constitutional Court promote effective solution to the conflict within the community and provide guidance for the legislative and law-enforcement activity.
7
Приходько, М. С. "OWNERSHIP OF PUBLIC LAW COMPANIES". Вестник Академии права и управления, n. 3(78) (11 luglio 2024): 79–83. http://dx.doi.org/10.47629/2074-9201_2024_3_79_83.
Testo completoAbstract (sommario):
В статье рассматриваются особенности правового режима имущества, закрепленного за публично-правовой компанией, которые заключаются в источниках его приобретения и порядке распоряжения им. Отдельно автором уделено внимание специфике обращения взыскания на имущество публично-правовой компании. The article examines the features of the legal regime of property assigned to a public law company, which consist in the sources of its acquisition, the procedure for disposing of it. Special attention is paid to the specifics of foreclosure on the property of a public law company.
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Владимир Владимирович, Тихонов. "The legal regime of information in the field of entrepreneurship". NORTH CAUCASUS LEGAL VESTNIK 1, n. 4 (23 dicembre 2024): 136–44. https://doi.org/10.22394/2074-7306-2024-1-4-136-144.
Testo completoAbstract (sommario):
The article examines the legal nature of information from a theoretical and methodological point of view; analyzes its main characteristics relevant for the recognition of information as a legally significant category. Based on the regulatory regulation and regulation of information, the author identifies the types of its legal regimes: one of which is intersectoral, and the others are sectoral, having their own legal specifics. Projecting information as a legally significant category on the subject of business law, the author concludes that it, "as a general rule," must comply with the principle of freedom of entrepreneurship, which, however, does not exclude its individual regulatory restrictions in the field of property and management relations. The purpose of the work: to investigate the specifics of the legal regime of information in relation to the regulation of relations arising in the field of entrepreneurial activity. Tasks of the work: 1) determine the nature of the information; 2) consider the regulatory framework for regulating information in the domestic jurisdiction; 3) to analyze the features of the legal regimes of information in private and public law (private law and public law relations); 4) to investigate the peculiarities of the legal regime of information in the field of entrepreneurial activity. The object of the study: public relations associated with the legal regime of information in the field of entrepreneurial activity. The subject of the study: normative legal acts and domestic doctrine concerning the issue of legal regulation of information. The main conclusion of the work is that the legal regime of information in the field of entrepreneurship can be of two types. The first is general (intersectoral), i.e. free search, receipt, production, distribution, alienation (including paid) of information in the property and management sphere. Perhaps, this legal regime of information in the field of entrepreneurship should be presumed. The second is special ones created on the basis of acts of authorized authorities related to certain restrictions and/or exceptions to the search, receipt, production, distribution, alienation of information in the property management sphere.
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Vinnitskiy, Andrey. "The objects of exclusive public property: gaps in legislation and case law". NB: Административное право и практика администрирования, n. 6 (giugno 2019): 1–11. http://dx.doi.org/10.7256/2306-9945.2019.6.31998.
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The subject of this research is the provisions of current legislation establishing the categories of the objects of exclusive public property and regulating their legal regime. The author explores, generalizes and critically analyzes the practice of arbitration courts on consideration of property disputes involving objects of exclusive public property. The topic in question is examined in the context of the foreign and Russian public trust doctrine. Particular attention is paid to the critical analysis of the Decree of Supreme Council of the Russian Federation of 12.27.1991 No.3020-1 and its practical implementation. The following conclusions were made: 1) the concept of exclusive property objects is similar to the category of public domains in Roman Law countries; 2) the Decree of Supreme Council of the Russian Federation of 12.27.1991 No.3020-1 cannot be used as a normative criterion for the objects of exclusive property; 3) the relevant list of categories of exclusive property objects has not yet been systematized. The author underlined the need for qualitative development and prompt passage of the federal law “On the State and Municipal Property”, which would establish the exhaustive list of the categories of objects attributed as the exclusive public property, as well as codify their legal regime, including inalienability from property of the corresponding public formation, and inapplicability of the statutes of limitation for protecting the right to property by public administration.
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Nikolić, Dušan, e Sloboda Midorović. "Development of special property rights regimes". Zbornik radova Pravnog fakulteta, Novi Sad 55, n. 1 (2021): 67–92. http://dx.doi.org/10.5937/zrpfns55-31000.
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In recent years, the shaping of special legal regimes has been intensified. They discreetly influence the ideological and value orientation of the Civil law and, to an increasing extent, its structure. Deviation from the general legal regime means that individuals or narrower social groups are brought either to a privileged or to a less favorable position in relation to other right holders. A more pronounced disparity between the general and the special can affect the stability of society, especially when it comes to the segment of the legal system that regulates issues related to the distribution and appropriation of goods in the domain of Real property law and Inheritance law. The introduction of new special legal regimes should affect the spread of Civil law. However, in most legal systems there is an opposite trend. New legal institutes that are in the function of implementing special legal regimes are governed by special regulations and often become part of separate, independent branches of law. Dispersion is especially emphasized in the domain of Real property law. The problem is that special legal regimes have not been the subject of more detailed studies in domestic doctrine. In this paper, questions concerning their conceptual definition, legal nature and practical significance are opened. In the first part, which could be conditionally called general, the current problems related to ideological and systemic dilemmas are analyzed. In the second, special, the current concept of a special property regime that applies to cultural goods is analyzed. Cultural goods are material elements of the cultural heritage of our country. The Constitution of the Republic of Serbia recognizes their status as goods of public interest, which implies the need for their enhanced protection. It is achieved by prescribing various public law restrictions that narrow the autonomy of the will of the owner. The paper analyzes the limitations of property entitlements for immovable and movable cultural goods, as well as for the goods that enjoy prior protection. Domestic regulations are inadequate in some segments because they provide for excessive restrictions (e.g. when determining the category of goods to which the right of pre-emption applies), because in some places they are insufficiently precise (in terms of determining the holder of the pre-emption right), or insufficiently elaborated (due to the failure to provide for the notification (die Anmerkung) of an (immovable) property that enjoys prior protection in the real estate cadastre). This emphasizes the importance of striving to achieve a fair balance between the public interest of the community, on the one hand, and the interests of owners, on the other.
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LEUCHTER, TYSON. "THE ILLIMITABLE RIGHT: DEBATING THE MEANING OF PROPERTY AND THEMARCHÉ À TERMEIN NAPOLEONIC FRANCE". Modern Intellectual History 15, n. 1 (28 marzo 2016): 3–32. http://dx.doi.org/10.1017/s1479244316000081.
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At a critical moment during the Napoleonic era, the stockbrokers of Paris were summoned before the Council of State to defend themarché à terme, or futures contract in public debt. Surprisingly, despite official disdain and ample legal opportunity for prohibition, the brokers’ argument was successful, and themarché à termeescaped repression. The defense of themarché à termeturned on the nature of property. To critics, it divided property from possession, severing property from any concrete anchors. Advocates, by contrast, pointed to the inherent abstraction of property encoded in legal norms. These debates helped shape a concept of property in which economic utility, legal validity, and moral grounding converged. As a central pillar of the new regime, this concept of property also constrained political authority. The successful defense of themarché à termeshows that property was a right that not even authoritarian regimes could restrict arbitrarily.
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Pirnat, Rajko. "A la recherche d’un droit du domaine public : l’exemple de la Slovénie". Revue française d'administration publique 74, n. 1 (1995): 251–58. http://dx.doi.org/10.3406/rfap.1995.2957.
Testo completoAbstract (sommario):
In Search of a Public Property Law : Slovenia’s Example. In countries where the social property is predominant, whether it is State property or collective property, the creation, after the change of regime, of a public property was something completely new. In Yougoslavia, there were some basic rules on State property, but they were used as the constitutional foundations of nationalization and expropriation. After 1990, in Slovenia, it was necessary to decide what in State property was to be excluded from the denationalization. Among public property goods, the goods for everybody’s use have to be available, according to the Slovene law. On the other hand, the law does not say if the goods necessary to the public service have to be put in public property. Generally speaking, the Slovene system seems to evolve towards a submission to civil law, with only some special limitations, like the German system. However, these limitations being numerous, the definition of a general framework for public property is still necessary.
13
KOVERZNEV, V. "Structure and legal regime of property funds of cooperative organizations". INFORMATION AND LAW, n. 3(18) (26 settembre 2016): 73–81. http://dx.doi.org/10.37750/2616-6798.2016.3(18).272974.
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The article proves that the cooperative property is a type of collective ownership; property management of cooperative organization is carried out by its members on a collective basis. Specific feature of the legal regime of cooperative organizations property is the formation of indivisible Fund, which provides the stability of a cooperative organization and is not distributed in the case of its termination. In the cooperative financial organizations specified function is performed by reserve and surplus funds. The existence of indivisible fund in cooperative organizations indicates the public signs of cooperative form of ownership.
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APANASIUK, M. "Legal regime of the Unified State Register Of Legal Entities And Individual Entrepreneurs (civil law aspect)". INFORMATION AND LAW, n. 1(16) (6 aprile 2016): 160–66. http://dx.doi.org/10.37750/2616-6798.2016.1(16).272869.
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The article analyzes the legal regime of the Unified state register of legal entities and individuals-entrepreneurs. Author specifies that the present registry is incorrectly defined in the Law of Ukraine “On state registration of legal entities and individuals- entrepreneurs” as an object of state property. With its attributes, mentioned register is a kind of open public information in the form of a public electronic database, and therefore it should be considered as non-property object of public property, to which open public databases civil protection mode may extend, as it is the most consistent with its non-proprietary nature. The copyright protection mode shall not apply to such data bases.
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ZADYRAKA, N. Yu. "ESTABLISHING ADMINISTRATIVE JURISDICTION OF RELATIONS ON PUBLIC PROPERTY: INFLUENCE OF LEGAL REGIME". ECONOMIC THEORY AND LAW 36, n. 1 (2019): 136–58. http://dx.doi.org/10.31359/2411-5584-2019-36-1-136.
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Rutschman, Ana Santos. "Property and Intellectual Property in Vaccine Markets". Texas A&M Journal of Property Law 7, n. 1 (febbraio 2021): 110–36. http://dx.doi.org/10.37419/jpl.v7.i1.4.
Testo completoAbstract (sommario):
As biopharmaceutical forms of technology, vaccines constitute one of the most important tools for the promotion and maintenance of public health. Tolstoy famously wrote that “[h]appy families are all alike; every unhappy family is unhappy in its own way.” Vaccine markets offer perhaps one of the most extreme embodiments of Tolstoy’s principle in the field of biopharmaceutical innovation. Vaccines are often described as one of the most unprofitable types of biopharmaceutical goods, under-incentivized from a research and development (“R&D”) perspective, and routinely failing to attract sufficient investment from traditional funders in biopharma. In this sense, and despite the scientifically well-established value of vaccines from a public health perspective, vaccine markets are often portrayed as a collection of unhappy families. Yet, at least throughout the developed world, there are plenty of examples of steadily profitable vaccine markets, as is the case of recently developed vaccines targeting the human papilloma virus (“HPV”). This Essay begins by mapping the dualism in vaccine R&D and commercialization, describing both “happy” and “unhappy” markets. It then connects the development of new vaccines with the default legal regime to promote innovation in the biopharmaceutical arena: the patent system. In exploring possible solutions for transactional problems arising in connection with the development of vaccine technology, this Essay asks whether the rights covering vaccine technologies are best understood as property rights or as something else. This inquiry is of course but a fragment of a much larger interrogation of the nature and mechanics of intellectual property systems: are intellectual property rights—and rights arising out of the grant of patents in particular—more like property or akin to something else? Arguing that under the current noncommittal position of the Supreme Court there is room for understandings of patent rights that are not property-centric,6 this Essay concludes by exploring how less property-like protection—in the form of a liability regime for critical components of vaccine technology—can remove some of the most salient transactional obstacles to the development and commercialization of new and better vaccines.
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Vatn, Arild. "Environmental Resources, Property Regimes, and Efficiency". Environment and Planning C: Government and Policy 19, n. 5 (ottobre 2001): 665–80. http://dx.doi.org/10.1068/c17s.
Testo completoAbstract (sommario):
Why are certain property regimes preferred? They cannot be chosen on the basis of efficiency considerations alone, as what is efficient depends on the institutional structures themselves and the interests they defend. The author highlights some important distinctions between various property regimes: whereas categories like private, common, and state property all may imply some degree of co – ownership and overlap along some dimensions, the logic of each system, ideally defined, may be quite distinct. The author shows that there is nothing inherent in a resource that demands a certain regime. Property regimes are social constructs and must be defended by judgment, not by necessity. The author demonstrates that the main role of property regimes is to defend certain interests. Furthermore, they seem to influence which interests are formed or become activated. The preferences which form the basis for efficiency evaluations are thus dependent upon the chosen system. In this way, technically oriented evaluations like cost – benefit analysis are caught in severe circularities. The implication of this for policy is that the evaluation of regimes implies taking a stand concerning what we want to become, both as individuals and as a society.
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Kuyper, Jonathan. "Deliberative capacity in the intellectual property rights regime complex". Critical Policy Studies 9, n. 3 (24 aprile 2015): 317–38. http://dx.doi.org/10.1080/19460171.2015.1032991.
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Adly, Amr Ismail. "Politically-Embedded Cronyism: The Case of Post-Liberalization Egypt". Business and Politics 11, n. 4 (dicembre 2009): 1–26. http://dx.doi.org/10.2202/1469-3569.1268.
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Why do many States in transitional economies lack the regulative capacities to evenly distribute property rights among emerging private firms resulting in having public good devoured by particularistic interests? I argue that uneven distribution of property rights is deeply embedded within broader power relations permeating political regimes. This study attempts to develop the concept of politically-embedded cronyism where State incumbents generate and protract uneven distribution of property rights in favor of a few private actors as tactics of regime survival that go beyond the mere interest of self-enrichment as the capture thesis would argue. Politically-embedded cronyism is likely to emerge the more State incumbents retain their relative autonomy from their cronies through higher concentration of power in the executive, less role of societal groups in general and business in particular in the reproduction of the power of top incumbents and higher public asset retention in the post-liberalization period in addition to possessing channels of political incorporation to fledging business.
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LI, JINGSONG, JANICE JIGGINS, EDITH T. LAMMERTS VAN BUEREN e CEES LEEUWIS. "TOWARDS A REGIME CHANGE IN THE ORGANIZATION OF THE SEED SUPPLY SYSTEM IN CHINA". Experimental Agriculture 49, n. 1 (22 novembre 2012): 114–33. http://dx.doi.org/10.1017/s001447971200097x.
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SUMMARYThis paper explores changes in the organization of seed supply in China over the last decade by means of a multi-level institutional analysis. At the landscape level, the implications for China of the regulation of plant genetic resources through various international treaties and conventions are reviewed in the light of the evolution of the global seed industry. At the regime level, the transition in the Chinese context to market-based seed supply and the development of commercial and public seed sectors are examined. The study then analyses trends in seed supply at the niche level, with reference to participatory maize (Zea mays L.) breeding in three provinces in southwest China where high rural poverty persists. This work offers radical novelty in variety development and seed provision on behalf of smallholder farmers. However, a series of technical, organizational and market ‘mismatches’ are demonstrated within the existing seed regime. The participatory work emphasizes breeding for diverse cultivars adapted to specific ecosystems but these are prevented from reaching commercial markets by existing varietal testing procedures. Participatory breeding has potential to address farmers’ varietal needs as agriculture modernises and to support the public function of research institutes, but within mainstream intellectual property regimes the public value of participatory breeding cannot be accommodated adequately. Yet, when coupled to institutional innovations for recognising intellectual property and sharing benefit among all those who contribute, participatory breeding may initiate a powerful dynamics for change within seed regimes and a sui generis seed system suited to the Chinese context.
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Vadász, Vanda, e Viktória Verebélyi. "At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary". Santander Art and Culture Law Review 10, n. 2 (18 dicembre 2024): 181–208. https://doi.org/10.4467/2450050xsnr.24.017.20828.
Testo completoAbstract (sommario):
During the Second World War, and thereafter until the end of the communist regime in 1989, a massive amount of privately owned works of art came into the possession of the Hungarian state. The ownership of the property thus collected was only partially clarified after the war. After the fall of communism, nationalized cultural property was subject to restitution laws, but restitution typically meant partial compensation. The aim of this article is to highlight the shortcomings that still characterize the restitution of cultural property held in public collections in Hungary. After summarizing the historical-legal situation pertaining to restitution measures in Central and Eastern Europe, we provide a comprehensive overview of the Hungarian legal environment in terms of restitution. The focus is on the restitution rules adopted in the 2010s that were intended to settle the possession of cultural property held in public collections. The roots of constitutional issues related to the regulation arise from and are reflected in the intermingling of private law and public law characteristics and guarantees. In the presentation of civil law disputes concerning the ownership rights of property held in public collections, we outline the characteristics of the Hungarian regulatory framework regarding protected cultural property and the issues arising from their application. Finally, we provide an overview of the European Court of Human Rights’ jurisprudence on the protection of property rights and an assessment of Hungarian regulations before the Court. We claim that the lack of predictability and certainty of the latter authority’s proceedings may lead to human rights issues.
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Alexeev, Vadim A. "Subsoil Plot: Special Immovable Thing or Object of Public Property Excluded from Circulation?" Zakon 21, n. 5 (maggio 2024): 46–55. http://dx.doi.org/10.37239/0869-4400-2024-21-5-46-55.
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The article is devoted to the study of the issue of the legal status of a subsoil plot under the current legislation of Russia and possible directions for its development. It is noted that the post-Soviet legal fate of land plots and subsoil plots developed differently, while the current legal status of subsoil plots is not much different from the rules of the Soviet period. The main contradiction of the current legal regulation is the classification of subsoil plots as objects completely excluded from circulation, with the simultaneous recognition of them as immovable things on the basis that they meet the criteria of real estate — they are characterised by an unchanging position in space and are objects of state property. The issue of formulating the definition of a subsoil plot as an immovable property is being considered, and the relationship in this regard between the license data and the mining allotment act is determined. The criteria for delimiting a land plot and a subsoil plot, the legal regime of minerals and underground structures are determined, and the essence of the right of the owner of a land plot to use the subsoil under this plot is established. Proposals to supplement civil legislation with norms defining a subsoil plot and its legal regime are critically analysed, as a result of which the author comes to the conclusion that the optimal solution would be to remove subsoil plots from the list of immovable things, considering them as things subject exclusively to public law regulation (public things). Only the abolition of exclusive state ownership of subsoil plots would make it necessary to extend the immovable property regime to them, for which they would need to be returned to the list found in Art. 130 of the Russian Civil Code.
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Piddubna, V. "The concept of a legal person of public law in the doctrine and legislation of Georgia and Ukraine". Analytical and Comparative Jurisprudence, n. 1 (1 marzo 2025): 272–77. https://doi.org/10.24144/2788-6018.2025.01.44.
Testo completoAbstract (sommario):
The article analyzes the doctrine and legislation of Georgia and Ukraine on the legal status of legal entities of public law. The issue of classification of legal entities under the Civil Code of Georgia and Ukraine is studied. According to the legislation of Georgia, only three entities can establish legal entities of public law: the government acting on behalf of the state, a regional authority, in cases provided for by law, and a municipality; Tbilisi City Assembly. The author considers the concept, legal nature, and types of legal entities of public law in Georgia. The article examines the legal status of municipalities, the legal status of higher educational institutions, religious organizations as legal entities of public law in Georgia. The author analyzes the provisions of the legislation of Georgia on the procedure for the establishment, structure of bodies, and legal regime of property of municipalities. The structure of local self-government bodies consists of the following bodies: municipal assembly, mayor (gamgebeli). The property separation of a municipality as a legal entity of public law consists of property that is fixed by law for the municipality, property that is transferred by the state into the ownership of the municipality on a free basis. The article analyzes the legal status of a higher educational institution as a legal entity of public law. The author examines the structure, legal regime of property, the procedure for the transfer and use of property of a higher educational institution. The governing bodies of a higher educational institution include the following: academic council, council of representatives, rector, head of administration and quality control department. The property of a higher educational institution founded by the state consists of property transferred to it by state, legal and natural persons, as well as property acquired by it at its own expense. The author analyzes doctrinal and legislative sources regarding the legal regulation of religious organizations in Georgia. Religious organizations in Georgia can carry out activities in two main organizational and legal forms: in the form of a non-entrepreneurial legal entity, in the form of a legal entity of public law.
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Bordereaux*, Laurent. "Seashore Law: The Core of French Public Maritime Law". International Journal of Marine and Coastal Law 29, n. 3 (10 settembre 2014): 402–14. http://dx.doi.org/10.1163/15718085-12341312.
Testo completoAbstract (sommario):
As State property, the seashore is regulated by the general legal regime regarding natural publicly owned coastal land. With the advent of new preoccupations, particularly those promoting a global approach to the management of coastal areas, environmental law and urban planning now also play a significant role in the regulation of the seashore. This article traces the historical foundations of French seashore law and describes its current evolution.
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Hashim, Haswira Nor Mohamad, Muhamad Helmi Muhamad Khair, Anida Mahmood, Rohazar Wati Zuallcobley e Zeti Zuryani Mohd Zakuan. "The exploitation of publicly funded research intellectual property in Malaysia". Queen Mary Journal of Intellectual Property 10, n. 4 (25 dicembre 2020): 486–502. http://dx.doi.org/10.4337/qmjip.2020.04.04.
Testo completoAbstract (sommario):
This article reports a study that aims to formulate an outbound open innovation strategy for the exploitation of publicly funded research intellectual property in Malaysia. The outbound open innovation strategy is proposed due to the inability of the existing intellectual property commercialization strategy of Malaysian public universities to optimize the exploitation of publicly funded research intellectual property. The current strategy assumes that the best exploitation route is by way of commercialization to enable the public universities to monetize the publicly funded research intellectual property. This strategy creates a legal barrier since publicly funded research intellectual property is locked up behind proprietary rights and a rigid licensing regime. In contrast, outbound open innovation strategy allows publicly funded research intellectual property to be exploited through permissive licensing. This study employs a mixed-methods approach involving semi-structured interviews and survey questionnaires with technology licensing officers of Malaysian public universities. The output of this study is an outbound open innovation strategy which connects innovation to the intellectual property system and improves the socio-economic impact of publicly funded research intellectual property.
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Olejarski, Amanda M. "Irrelevance of “Public Use” in State Eminent Domain Reforms". American Review of Public Administration 48, n. 7 (14 settembre 2017): 631–43. http://dx.doi.org/10.1177/0275074017729035.
Testo completoAbstract (sommario):
“Public use” is a constitutional limitation on the governmental authority to take private property using eminent domain. This study finds that it is irrelevant, an artifact of the federal constitution, in state reforms enacted in the last decade. Expansive language permitting economic development and private development have rendered public use to be merely symbolic. Forty-six states enacted takings reforms following Kelo v. New London, a landmark U.S. Supreme Court decision in 2005; approximately 80% of those states allow economic or private takings while also invoking the public use. This mixed-method analysis and normative theoretical grounding explain stark contradictions in the prevailing reforms nationwide, resulting in substantive implementation challenges that may be mitigated by sensitivity to regime values, one of which is property.
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Grembi, Veronica. "Maskus, K. E. - Reichman, J. H., International Public Goods and Transfer of Tecnology. Under a Globalized Intellectual Property Regime". Journal of Public Finance and Public Choice 25, n. 1 (1 aprile 2007): 89–91. http://dx.doi.org/10.1332/251569207x15664516463970.
Testo completoAbstract (sommario):
Abstract Maskus, K. E. - Reichman, J. H., 2005, International Public Goods and Transfer of Tecnology. Under a Globalized Intellectual Property Regime, Cambridge, Cambridge University Press, pp. xv + 922, US $ 101.00, ISBN 0-521-60302-1.
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Kampa, Eleftheria, e Hans Bressers. "Evolution of the Greek national regime for water resources". Water Policy 10, n. 5 (1 ottobre 2008): 481–500. http://dx.doi.org/10.2166/wp.2008.062.
Testo completoAbstract (sommario):
This paper characterizes and explains the development of the Greek national water regime, based on a framework from institutional resource regime theory. The specific framework combines public resource policies with property rights and operationalizes the concept of integration for resource regimes. The paper concentrates on attempts at more integrated water management in Greece (via important national water laws), which were mainly driven by increasing water resource degradation and EU water policies. It is argued that national attempts since the 1980s (especially the 1987 Water Law) were unsuccessful also under the influence of an unfavourable institutional context which prevailed at the time of the attempts. The outcome of a new 2003 Water Law in practice remains to be seen. The path to integration must involve significant efforts to overcome institutional obstacles which hindered integrated water management in the past.
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Zekri, Mohammad Muzzammil, e Muhammad Najib Razali. "Volatility dynamics of Malaysian listed property companies within the Asian public property markets by using a switching regime approach". Journal of Financial Management of Property and Construction 25, n. 1 (29 ottobre 2019): 5–39. http://dx.doi.org/10.1108/jfmpc-03-2019-0026.
Testo completoAbstract (sommario):
Purpose This paper aims to examine the dynamic of volatility of Malaysian listed property companies within pan-Asian public property markets based on different volatility perspective over the past 18 years, especially during the global financial crisis (GFC). Design/methodology/approach This study uses several statistical methods and formulas for analysing the dynamic of volatility of Malaysian listed property companies such as exponential generalised autoregressive conditional heteroscedasticity (EGARCH) and Markov-switching (MS) EGARCH. The MS-EGARCH model provides new insights on the volatility dynamics of Malaysian listed property companies compared to conventional volatility modelling techniques, particularly EGARCH. Additionally, this paper will analyse the volatility movement based on three different sub-periods such as pre-GFC, GFC and post-GFC. Findings The findings reveal that the markets perform differently under different volatility conditions. Moreover, the application of MS-EGARCH provides a different view on the volatility dynamics compared to the conventional EGARCH model, as MS-EGARCH provides more comprehensive findings, especially during extreme market conditions. Originality/value This study contributes to the literature on the dynamics of Malaysian listed property companies within pan-Asian countries, as the approach for assessing the volatility performance based on different volatility conditions is less explored by previous researchers.
30
Semenova, Ekaterina. "The concept and content of the private legal regime". Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, n. 4 (27 dicembre 2023): 74–79. http://dx.doi.org/10.35750/2071-8284-2023-4-74-79.
Testo completoAbstract (sommario):
Introduction. As an element of legal regulation, private legal regime is a legal category, the concept of which is regarded ambiguously in doctrine and depends on the general understanding of the category «legal regime». Socio-economic, political changes in society are accompanied by changes in the nature of social relations, requiring proper legal regulation in the area of private interest protection.
Methods. On the basis of the analysis of definitions of legal regime formulated in the theory of law, a generalised approach to the understanding of private legal regime was developed. The application of formal legal method made it possible to reveal the concept and specific features of the private legal regime. The system-structural method was used to determine the significance of legal means (ways, methods, principles, types of legal regulation) in the structure of private legal regime. The application of modelling enabled to reveal the effectiveness of private legal regulation of public relations.
Results. The concept and essential features of private legal regime are identified; the model of private legal regime as a variable combination of a complex of legal means determining the orientation of private legal regulation of property and personal non-property relations based on equality, autonomy of will and material independence of their participants is defined.
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Бородин, Сергей, e Андрей Инюшкин. "GENOMIC RESEARCHES AND GENOMIC EDITING IN TERMS OF FORMING EFFECTIVE LEGAL REGIME". Rule-of-law state: theory and practice 16, n. 2 (1 febbraio 2020): 19–31. http://dx.doi.org/10.33184/pravgos-2020.2.3.
Testo completoAbstract (sommario):
He use of modern technology has created new opportunities for genetic researches and product creation through genome editing. At the same time, the use of these technologies without ensuring the foundations of the rule of law, including moral issues, creates a significant risk of infringement of public and private interests. Aim: to analyze the regulation of transferring and processing of personal data, including those related to genetic information, and the creation of new results of intellectual activity and products created by genome editing. Methods: methods of formal and dialectical logic, description methods, comparative legal methods. Results: the study allows us to identify the main currently used options for protecting privacy secrets during genetic researches and formulate a proposal on securing at the international level the minimum requirements for data placement, including the use of virtual computers and data management in the cloud. It is proposed to use databases as the main object of intellectual property for the formation of the legal regime. It is concluded that judicial practice is formed in the direction of considering researches and certain manipulations with genetic material precisely from the position of a balance of public interests (morality) and private non-property interests (respect for private and family life), regardless of the assessment of any property interests in relation to the relevant objects.
32
Ismailov, Ruslan A. "THE INFLUENCE OF CONTRACTS CC (CREATIVE COMMON) ON INTELLECTUAL AND LEGAL RELATIONS OF A CROSS-BORDER NATURE". EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 9/2, n. 129 (2022): 100–107. http://dx.doi.org/10.36871/ek.up.p.r.2022.09.02.014.
Testo completoAbstract (sommario):
The practice of exchanging works free from traditional legal disclaimers aims to mark both ideological and systemic distance from the exclusive proprietary regime of copyright. Positive public engagement in creative action is a defining feature of a transformative culture in the digital realm that encourages creative collaboration among multiple people, without any constraints in space or time. IP regimes are contrary to this practice. This article will address the intellectual property issues that arise in connection with a transformative culture. Take the example of Creative Commons licenses and their interaction with internationally recognized intellectual property rights. We conclude that the chilling implications of this legal uncertainty surrounding IP enforcement may be detrimental to copyright in general, but that IP rights can still represent a strong defense mechanism against today's risks associated with digitally transformative creativity.
33
Murakami, Rodrigo Canevassi. "A ATA NOTARIAL COMO MEIO DE PROVA NO ÂMBITO DOS INSTITUTOS DA PROPRIEDADE INTELECTUAL". LUMEN ET VIRTUS 15, n. 43 (22 dicembre 2024): 8839–51. https://doi.org/10.56238/levv15n43-091.
Testo completoAbstract (sommario):
The article discusses the importance of the notarial act as a means of proof in the field of intellectual property, highlighting its role in the documentation of legal facts with public faith. In addition, it explores notarial and registration services, their hybrid nature (public and private), and the legal regime that governs these services in Brazil.
34
Kniess, Johannes. "Must We Protect Foreign Investors?" Moral Philosophy and Politics 5, n. 2 (27 novembre 2018): 205–25. http://dx.doi.org/10.1515/mopp-2018-0007.
Testo completoAbstract (sommario):
Abstract Investment protection clauses, and the investor-state dispute settlement (ISDS) mechanisms they enable, have become a common feature of international agreements on trade and investment. Intended to promote foreign investment, these protections may also discourage governments from regulating in the public interest. This raises challenging normative questions about the rights of investors and distributive justice. In this paper, I argue that a global investment regime that disadvantages developing countries and socially disadvantaged groups is prima facie unfair. This conclusion must be defended against the claim that investors have certain independent moral rights to have their property protected, regardless of the distributive consequences. Granting the premise that such investor rights exist, I argue that these cannot plausibly ground a general rule against public interest regulation that undermines the value of property. I conclude that even if foreign investors have rights that must be safeguarded, the current investment regime must be reformed.
35
Fredriksson, Martin, e James Arvanitakis. "Piracy, Property and the Crisis of Democracy". JeDEM - eJournal of eDemocracy and Open Government 7, n. 1 (23 ottobre 2015): 134–50. http://dx.doi.org/10.29379/jedem.v7i1.365.
Testo completoAbstract (sommario):
A political battle is being waged over the use and control of culture and information. While media companies and copyright organisations argue for stricter intellectual property laws, a growing body of citizens challenge the contemporary IP-regime. This has seen a political mobilisation of piracy. Pirate parties see themselves as a digital civil rights movement, defending the public domain and the citizen’s right to privacy against copyright expansionism and increased surveillance. Since the first pirate party was formed in Sweden in 2006, similar parties have emerged across the world. This article draws on a study of the culture and ideology of copyright resistance, through interviews with pirate party representatives in Europe and North America. It focuses on challenges to democracy, and the distinction between public and private property and spaces, in the wake of the war on terror and the global financial crisis.
36
Suratno, Ujang. "PERLINDUNGAN HAK ATAS KEKAYAAN INTELEKTUAL BATIK TRADISIONAL PAOMAN DALAM MENINGKATKAN EKONOMI MASYARAKAT INDRAMAYU". Yustitia 4, n. 1 (20 aprile 2018): 92–118. http://dx.doi.org/10.31943/yustitia.v4i1.35.
Testo completoAbstract (sommario):
Indonesia has some varieties of ethnic groups that are rich in diversity of intellectual property, there are so many products produced by society. The society creations especially created by the community are assorted, one of them is Paoman Batik. Thre are two kinds of Paoman Batik, those are contemporary and traditional, which is distinguished by its motives, processes, creators. The Paoman Traditional Batik is well-known to the public than contemporary. This research has supported the creators or copyright holders to get higher benefits, both the benefits of moral and economic rights. The main problem is, first, is the current intellectual property rights regime able to provide the foundation for the protection of Paoman Traditional Batik? Second, is the UNESCO's determination that stated if batik is a world heritage, non-object from Indonesia, can be used as the foundation to charge the economic rights of Paoman Traditional Batik? Third, is it possible for Traditional Batik, including Paoman Traditional Batik, to be carried out through other regimes, in addition to the intellectual property regime? Fourth, how is the effect of Paoman Traditional Batik Registered at the Directorate General of Intellectual Property of Indonesia on the Progress of Indramayu society?
The research method used is descriptive specification, by using juridical empirical approach, which focus on secondary research consisting of legal materials, both primary, secondary and tertiary. However it is supported by primary data generated from field research through in-depth interview and survey techniques. The analysis used is descriptive analysis.
The results of the study show that intellectual property rights that is copyright cannot be made as the foundation of protection against the creation of society that have traditional and communal motives, including the Paoman Tradsional Batik. The establishment of Batik by UNESCO as a non-object world heritage from Indonesia has increased the moral rights of Indonesia, but it also cannot be established as the foundation for restoring economic rights when there is a misappropriation. Another alternative to intellectual property is through the Sui Generis regime, which specifically addresses the protection of community rights, including intellectual property rights.
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Suratno, Ujang. "ARAH PEMBAHARUAN HUKUM NASIONAL DALAM MENGHADAPI ERA REVOLUSI INDUSTRI 4.0". Yustitia 5, n. 1 (20 aprile 2019): 155–69. http://dx.doi.org/10.31943/yustitia.v5i1.65.
Testo completoAbstract (sommario):
Indonesia has some varieties of ethnic groups that are rich in diversity of intellectual property, there are so many products produced by society. The society creations especially created by the community are assorted, one of them is Paoman Batik. Thre are two kinds of Paoman Batik, those are contemporary and traditional, which is distinguished by its motives, processes, creators. The Paoman Traditional Batik is well-known to the public than contemporary. This research has supported the creators or copyright holders to get higher benefits, both the benefits of moral and economic rights. The main problem is, first, is the current intellectual property rights regime able to provide the foundation for the protection of Paoman Traditional Batik? Second, is the UNESCO's determination that stated if batik is a world heritage, non-object from Indonesia, can be used as the foundation to charge the economic rights of Paoman Traditional Batik? Third, is it possible for Traditional Batik, including Paoman Traditional Batik, to be carried out through other regimes, in addition to the intellectual property regime? Fourth, how is the effect of Paoman Traditional Batik Registered at the Directorate General of Intellectual Property of Indonesia on the Progress of Indramayu society?
The research method used is descriptive specification, by using juridical empirical approach, which focus on secondary research consisting of legal materials, both primary, secondary and tertiary. However it is supported by primary data generated from field research through in-depth interview and survey techniques. The analysis used is descriptive analysis.
The results of the study show that intellectual property rights that is copyright cannot be made as the foundation of protection against the creation of society that have traditional and communal motives, including the Paoman Tradsional Batik. The establishment of Batik by UNESCO as a non-object world heritage from Indonesia has increased the moral rights of Indonesia, but it also cannot be established as the foundation for restoring economic rights when there is a misappropriation. Another alternative to intellectual property is through the Sui Generis regime, which specifically addresses the protection of community rights, including intellectual property rights.
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De Campos-Rudinsky, Thana C. "Intellectual property and essential medicines in the COVID-19 pandemic". International Affairs 97, n. 2 (marzo 2021): 523–37. http://dx.doi.org/10.1093/ia/iiaa232.
Testo completoAbstract (sommario):
Abstract Global justice theorists have widely discussed how the international intellectual property rights regime (i.e., the TRIPs regime of the World Trade Organization) makes it more difficult to achieve the goal of universal access to generic (and more affordable) vital COVID-19 treatments (including potential COVID-19 vaccines). This article argues that while patents can impose certain barriers to universal access to generic COVID-19 treatments, the TRIPs regime itself is an integral part of an equitable global solution to the pandemic. More specifically, it argues that article 31bis of the TRIPs, in allowing for a cooperation strategy predicated on complementary importing and exporting of vital COVID-19 generic treatments, is key for successful pandemic suppression. By providing a normative interpretative analysis of article 31bis in light of the ethical requirements of global justice, and by responding to possible objections to its core argument, this article substantiates the ideal of multilateral solidarity among nations. In times of crisis—not only a crisis of global public health, but also a crisis of multilateralism—this complementary cooperation strategy that article 31bis allows for shows a way forward in upholding the global common good that the international legal order seeks to safeguard.
39
GANBOLD, UNANCH. "Municipal property law in Russia and Mongolia". Public Administration 24, n. 5 (2022): 19–23. http://dx.doi.org/10.22394/2070-8378-2022-24-5-19-23.
Testo completoAbstract (sommario):
The specificity of the legal regime for municipal property is determined by various factors, including features of the administrative-territorial structure, relations between different levels of public authority, the economic policy of the state, and the essential characteristics of the legal system. An analysis of Russian and Mongolian legislation showed some significant differences in consolidating the right to municipal property. Some of them are caused by varying independence levels of municipalities. In Mongolia, the combination of the principles of self-governance and public administration provides a wide range of opportunities for public authorities to participate in municipal property management. The author notes that Russia and Mongolia have a fundamentally different approaches to understanding the essence of rights to property and other objects of civil law. In Russia, the legislator tries to adhere to the distinction between property rights and rights of obligation; in Mongolia, there is a proprietary concept that allows any objects to be considered as objects of property rights. That makes possible the resolution of controversial issues regarding the ownership of municipalities on budget funds, non-documentary securities, and intellectual property rights.
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Sushilnikov, Ilya S. "Constitutional and Legal Foundations of Experimental Legal Regimes". Theoretical and Applied Law, n. 1(15) (marzo 2023): 109–21. http://dx.doi.org/10.22394/2686-7834-2023-1-109-121.
Testo completoAbstract (sommario):
The relevance of the study is due to the importance of the question of the legal nature of such a young institution as an experimental legal regime. The author presents theoretical developments in the field of studying the constitutionality of experimental legal regimes, their relationship with the norms of the Constitution of Russia, dedicated to regulating the principles of a legal, democratic, federal state, support for competition, free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law, the unity of economic space on the territory of the Russian Federation, the inadmissibility of restricting constitutional rights and citizens’ freedoms, legality and equality of all before the law. The article analyzes the relationship between the experimental legal regime and the partnership of entrepreneurs and authorities. An attempt is made to analyze the correlation between the experimental legal regime and the delegation of public powers to private individuals. The author, appealing to the judicial practice of the Constitutional Court of the Russian Federation, concludes that the experimental legal regime is based on the articles 1, 3, 8, 19, 29, 34, 55 and 75.1 of the Constitution of Russia.
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Kroitor, V. A. "Recognition of inheritance as escheated". Bulletin of Kharkiv National University of Internal Affairs 106, n. 3 (30 settembre 2024): 45–54. http://dx.doi.org/10.32631/v.2024.3.04.
Testo completoAbstract (sommario):
The features of recognition of inheritance as escheated are determined. The author analyses the peculiarities of interest construction in the system of legal relations of inheritance escheat. It is determined that the institution of inheritance escheat is aimed at satisfying the public interest in maintaining the stability of property relations in society. The property (economic) interest in acquiring ownership of inherited property is derived from the main public interest. By its legal nature, an escheated inheritance is a legal succession. The author emphasises that the procedure for transferring escheated property to municipal ownership is established in local acts of local self-government bodies which have a procedural nature regarding the acquisition of municipal ownership of escheated property. It is argued that depending on the type of real estate object, it is advisable to determine the legal regime of escheated property, in particular, land and residential real estate. It is proved that the construction of interest in the system of legal relations of escheatment of inheritance is complex and combines public (social) and economic (property) interest. The public (social) interest is to preserve the stability of property relations in society. The economic (property) interest has a public and private orientation, in particular, it satisfies the interest of the territorial community as both the acquirer of the property right and the creditor to satisfy the testator’s obligations at the expense of the deceased property. At the same time, a public entity assumes the burden of the testator’s obligations sometimes not in its own interests, but in order to ensure the stability of property relations in society. The improvement of civil legislation on the possibility of a territorial community to waive the obligation to file an application to the court for recognition of inheritance as escheated in case of destruction of real estate or its significant damage in view of martial law is proposed.
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Medvedenko, Serhii, Serhii Vitvitskyi e Maryna Arapaki. "ECONOMIC AND LEGAL PRINCIPLES OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY IN UKRAINE". Baltic Journal of Economic Studies 8, n. 5 (30 dicembre 2022): 117–26. http://dx.doi.org/10.30525/2256-0742/2022-8-5-117-126.
Testo completoAbstract (sommario):
The subject of the study is the conceptual, theoretical, empirical and methodological foundations of the legal and economic nature of the commercialization of intellectual property in Ukraine. Methodology. General and special methods of cognition were used in the process of research. The essence of the commercialization of intellectual property was evaluated on the legal and economic level, on the basis of the same and opposite parameters with the help of the dialectical method. The analysis created conditions for a multifaceted study of all characteristic features of the commercialization of intellectual property as an economic and legal phenomenon. The synthesis created conditions for summarizing the characteristic features of this process. The formal legal method allowed to correctly interpret the content of normative legal acts that determine the general legal regime of commercialization of intellectual property and the special legal regime of its forms with regard to their use in civil or economic circulation. The purpose of the article is to determine the economic and legal foundations of the commercialization of intellectual property in Ukraine as an economic and legal category at the theoretical and empirical level. The results of the study prove that the commercialization of intellectual property is a form of implementation of scientific developments and innovations in various spheres of human life, which is usually accompanied by obtaining a certain benefit and includes a number of forms of implementation regulated by administrative, civil and economic legislation. Conclusion. Commercialization of intellectual property in Ukraine consists of two conceptual approaches to the study and implementation of an economic and legal nature. Economists propose to consider commercialization as one of the constituent stages of the social life process of intellectual property objects along with creation, security and protection. Within this approach to the forms of commercialization of intellectual property, the following manifestations are distinguished: 1) use of the corresponding object within the limits of own production, transfer under contracts (licensing, leasing, commercial franchise) to other subjects or entry of rights to the object objects of intellectual property into the authorized capital of the enterprise; 2) capitalization and sale. Among the factors that determine the qualitative and quantitative indicators of commercialization, the most important are legislation, state management in this area, and the existence and implementation of measures to stimulate participants in this area. From a normative point of view, the phenomenon of commercialization of intellectual property has gained publicity in various levels of understanding, both from the standpoint of private law and public law. For both components of jurisprudence, the approach is generally accepted, according to which the given issue is considered with a view to ensuring public or private protection of intellectual property rights. Attention is paid to the set of tools provided by special legislation to higher education and scientific institutions in the field of commercialization of intellectual property. The provisions of the Ukrainian legislation defining the general legal regime of commercialization of intellectual property and the special legal regime of its forms are characterized.
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Rushchak, I. V. "Anti-public transaction: separate principles". Analytical and Comparative Jurisprudence, n. 1 (1 marzo 2025): 232–37. https://doi.org/10.24144/2788-6018.2025.01.37.
Testo completoAbstract (sommario):
It is indicated that the system of rules on the invalidity of transactions is central to civil law, since it is a key mechanism for ensuring the legality and reliability of property turnover, as well as a guarantee of protection of legitimate interests of conscientious participants of civil legal relations. Among the numerous grounds for the recognition of transactions invalid, their contradiction to the principles of law and order, established by the moral values of society and imperative prescriptions of legislation is of particular importance. The article examines the theoretical and practical aspects of the legal regime of transactions in civil law of Ukraine. A critical analysis of existing scientific approaches to understanding the legal regime of transactions and its elements has been carried out. It is substantiated that the design of the legal regime of transactions proposed in the scientific literature is excessively complicated and does not fully correspond to the established understanding of the legal regime as a special order of regulation, which is expressed in the complex of legal means. It is proved that the term «legal regime» is traditionally applied to the objects of law and means the method of acquiring and the order and limits of exercising rights in respect of such object of law. Particular attention is paid to the critical analysis of the category of «non-happening transaction». It is established that this category is logical in terms of the theory of legal facts and is of no practical importance, since cases of failure to reach the purpose of the transaction are already regulated by special rules of civil law. It is not despicable to introduce such a category into scientific circulation and legislation, as this can lead to an unjustified complication of legal regulation and law enforcement practice. On the basis of the analysis of case law revealed the problems of application of Art. 228 of the Civil Code of Ukraine on the declaration of transactions invalid as violation of public order. It is established that the courts sometimes unreasonably apply this rule to transactions that violate private rights and interests, not public order. It is proposed to distinguish between public order transactions from transactions that violate the private rights and interests of persons. The need to improve theoretical approaches to understanding the legal regime of transactions and the practice of applying the legislation on invalidity of transactions is substantiated. Proposals for improving the legal regulation of relations in the field of committing and invalidating the transactions that violate public order are formulated.
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Holmes, JH, e LDP Knight. "Pastoral Lease Tenure in Australia: Historical Relic or Useful Contemporary Tool?" Rangeland Journal 16, n. 1 (1994): 106. http://dx.doi.org/10.1071/rj9940106.
Testo completoAbstract (sommario):
Pastoral leasehold has evolved as the vehicle for the flexible award of property rights and duties in Australia's rangelands capable of serving as an effective public policy instrument while meeting the needs of titleholders. These capabilities were most clearly revealed during the interventionist phase of planned closer settlement. With the loss of policy momentum directed towards further pastoral development and closer settlement, leasehold tenure appeared to be in danger of becoming a bureaucratic anachronism. More recently, however, the sharply escalating revival of public interest in the rangelands is forcing a re- examination of property rights, with renewed interest in lease tenures as policy instruments, within a context of multiple values and uses, many not being readily tied to private land title. We examine the theoretical arguments as well as the pragmatic case for retaining a distinctive regime of limited property rights in Australia's rangelands, focusing on the following issues: matching property rights with resource contexts; balancing internalities and externalities; timing the award of property rights; specificity and flexibility; coordinated administration; and perceptions and expectations. We conclude by identifying the core attributes of an effective property-rights regime based on lease title. These attributes are: clear specification of the property rights of the lessee, designed to meet the resource needs of the enterprise; performance standards with increasing emphasis on sustainable use; capacity to award additional rights, where additional resources can be internalised effectively; specification of the rights of other interest-groups; powers of resumption for more intensive uses; powers to revise lease conditions; and payment of an annual rent. We foresee the revival of the leasehold system as a mechanism for defining property rights and duties precisely, and as an instrument for delivering policies on a wide range of issues concerning the management and use of the rangelands.
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Tarasenko, L. "Unregistered industrial design: legal regime and peculiarities of legal regulation". Uzhhorod National University Herald. Series: Law 1, n. 84 (21 settembre 2024): 397–404. http://dx.doi.org/10.24144/2307-3322.2024.84.1.60.
Testo completoAbstract (sommario):
The article is dedicated to current issues of legal protection of unregistered industrial designs. It has been established that an unregistered industrial design is a type of industrial design that has its own legal regime, containing features inherent only to an unregistered industrial design. It has been proven that an unregistered industrial design as an industrial design must meet the conditions for granting legal protection, which are established by law. It was established that bringing an unregistered industrial design to the public should take place precisely on the territory of Ukraine. It is substantiated that the disclosure that took place on the Internet cannot always be interpreted as disclosure on the territory of Ukraine. It is established that the owner of an unregistered industrial design has an exclusive right to its use. It is justified that the owner of a registered industrial design has broader rights to prohibit unauthorized use of the industrial design than the owner of an unregistered industrial design, since the owner of a registered industrial design can prohibit both the copying of his industrial design and the use of a similar product if «its appearance causes informed user has the same overall impression as the protected industrial design.» It is well-founded that the owner of an unregistered industrial design has narrowed opportunities to protect the rights to the industrial design, as he can only prohibit direct copying of the product and even then with restrictions. It has been proven that when protecting rights to an unregistered industrial design, it is necessary to prove the existence of rights to such an unregistered industrial design. It has been proven that an unregistered industrial design is an important object of industrial property, it is a type of industrial design, intellectual property rights to which arise from the moment it is brought to public notice on the territory of Ukraine and which are valid for three years (shortened term of legal protection), it does not require registration and entry into the State Register of Industrial Designs of Ukraine, the rights to it are not certified by the Certificate, its owner has narrowed rights to its use and protection of rights to it, compared to the powers of the owner of a registered industrial design. It is substantiated that the legal regulation regarding the unregistered industrial design needs to be clarified in terms of the exercise of exclusive property rights of intellectual property.
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Aiusheeva, I. Z., e T. V. Soyfer. "Transfer of religious property to religious organizations: problems and prospects". Courier of Kutafin Moscow State Law University (MSAL)), n. 5 (14 agosto 2023): 122–30. http://dx.doi.org/10.17803/2311-5998.2023.105.5.122-130.
Testo completoAbstract (sommario):
The article discusses some legal problems associated with the transfer of religious property, which is in state or municipal ownership, to religious organizations, and also suggests possible ways to solve them. Based on the analysis of the current legislation and materials of law enforcement practice, the shortcomings of legislative approaches to the definition of objects with a religious purpose that are subject to transfer to religious organizations are revealed. The authors note certain features of the essence and legal status of religious organizations, their internal structure and property regime. It is substantiated that these features should be taken into account when improving the normative regulation of relations related to the transfer of property of public legal entities to religious organizations. The peculiarities of their internal structure and ownership regime should also be taken into account. The opinion is expressed on the need to limit the range of religious organizations that can receive state and municipal property into ownership; on the expediency of adjusting the rules on the gratuitous use of religious property in connection with the special nature of the emerging relations. Particular attention is paid to the problematic aspects of the transfer of religious property belonging to the categories of cultural heritage objects and museum items to religious organizations.
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Herea, Violeta, e Eduard Antohie. "Real Estate Administration - Notion, Forms and Legal Regime". Advanced Engineering Forum 21 (marzo 2017): 619–23. http://dx.doi.org/10.4028/www.scientific.net/aef.21.619.
Testo completoAbstract (sommario):
The extent of this field, namely of real estate administration, due to the fact that private property holds the majority compared to public property after 1989, imposed the emergence of profile firms / companies in the field, but also the need to train specialists for this type of activity. Why the real estate administration? Perhaps this question should be the starting point for the reason why we advocate for this type of activity and thus for the training at university level, thus giving it the importance it deserves. The answer to this question is argued by: the capital invested is very small, solvent customers, regular revenues, chances of gains from good to very good, a multilateral activity due to the complexity of administration. On the other hand, this type of activity may be carried out in parallel with the main activity, namely the basic one of each of us. Therefore, many prospective real estate administrators begin to provide services in this area without sacrificing the core business, while performing these along with another activity for another institution. In analysing this issue we invoke the regulations in force which legislate the field which represents the purpose of our analysis. Also, we will present you the advantages of this kind of activity.
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Graziano, Valeria, Tomislav Medak e Marcell Mars. "When care needs piracy: the case for disobedience in struggles against imperial property regimes". Soundings 77, n. 77 (1 aprile 2021): 55–70. http://dx.doi.org/10.3898/soun.77.04.2021.
Testo completoAbstract (sommario):
The aim of the Pirate Care project is to put the politics back into caring and to disrupt the global property regime that is colonising public welfare services and turning them into privately traded assets. Piracy refers to all the practices of survival and solidarity that disobey unjust legal and social rules that support property at the expense of living beings. The idea of piracy enables the foregrounding of the need to expand the realm of conceivable political responses to the crisis.
49
Shcherbakov, Mikhail G. "CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n. 37 (2020): 196–207. http://dx.doi.org/10.17223/22253513/37/16.
Testo completoAbstract (sommario):
The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.
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Platje, Johannes, Herman Hoen, Francisco Vargas e Luis Renteria Guerrero. "Financial markets as a public good". Central European Review of Economics and Management 7, n. 2 (28 giugno 2023): 41–66. http://dx.doi.org/10.29015/cerem.974.
Testo completoAbstract (sommario):
Aim: In this paper, it is argued that in complex financial systems private goods, important for the creation of a market, have to be considered in a multiple of differing property rights structures necessary for the functioning of the system. This may lead to high transaction costs and adverse incentives for different players, threatening the sustainability of the system. The aim of the article is to create and explore a framework for assessing fragilities and threats to the sustainability of financial markets, using a property rights approach. This may be a useful background for development of policy to increase the sustainability of financial markets. Conclusions/findings: It is argued that while financial services have features of a private good for which markets exist, the infrastructure and organizational structures have features of a club good. These are characterized by problems of congestion and depreciation due to its overuse. The question is addressed to what extent the public good features are of the “weakest-link” kind, where fragilities may lead a potential collapse. Implications of the research: The complex financial system should be prevented from getting too many features of an open access regime, while making it a self-strengthening system where failures have learning effects. This may require the increase of different types of buffers and limits to the size of the players in the financial system. Otherwise, any action that is thought to lead to an improvement, is likely to lead to have the opposite effect. Keywords: financial markets, complexity, public goods, club goods, property rights, sustainability JEL: D23, E42, G1, G2,