scholarly journals Towards a More Sustainable Human–Animal Relationship: The Legal Protection of Wildlife in China

2019 ◽  
Vol 11 (11) ◽  
pp. 3112 ◽  
Author(s):  
Lu Feng ◽  
Wenjie Liao ◽  
Junhua Hu
Keyword(s):  
Legal Protection ◽  
Close Relation ◽  
Wildlife Protection ◽  
Legal Documents ◽  
Narrow Scope ◽  
Damage Compensation ◽  
Legislative Framework ◽  
Wildlife Utilization ◽  
Human Animal ◽  
Definition Of

Problems of the human–animal relationship in China are associated with imperfect legal protection. Few recent studies in English have focused on the entire legislation framework for wildlife protection, or paid sufficient attention to revision of the Wildlife Protection Law of China. This study aims to provide a review of the legislation pertinent to the overall framework of wildlife protection in China, thus making the legislative framework understood by a broader audience. We present various legal documents of national, local, and international level—including the Constitution, national laws, national administrative regulations and departmental rules, and local regulations and rules, all selected for their direct and close relation to wildlife protection. We then discuss the challenges of internal defects in the legislation for wildlife protection and problems of coordination between the laws—including the lack of stipulation on the definition of wildlife, the narrow scope of the legal protection of wildlife, the incomplete stipulation on the property rights of wildlife, the imperfect stipulation on wildlife utilization, the relatively limited protection system of wildlife habitats, and the relatively vague damage compensation caused by wildlife protection, with an emphasis on revisions of the Wildlife Protection Law of China in 2016. In conclusion, we draw wider implications for the legal protection of wildlife in China, arguing for a more sustainable human–animal relationship.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

On the issue of establishment and changes of boundaries of administrative and territorial units

2021 ◽  
pp. 4-4
Author(s):  
R. Kharytonenko ◽  
◽  
D. Derkulskyi ◽  
O. Kravchenko ◽  
V. Smolenskyi ◽  
...  
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Self Organization ◽  
Legal Documents ◽  
Community Regulation ◽  
Land Surveying ◽  
Development Goals ◽  
Definition Of

The presence of crisis tendencies in the issues of establishing and changing the boundaries of the territories of territorial communities and settlements has been stated. It was emphasized that the Cabinet of Ministers of Ukraine has adopted 24 orders on the definition of administrative centers and approval of the territories of territorial communities. As a result, 1,469 territorial communities have been established in the country (including 31 territorial communities in the uncontrolled territory within the Donetsk and Luhansk oblasts). Such situations lead to the fact that a significant number of administrative-territorial units do not have established boundaries, which in turn makes it impossible to achieve the development goals of territorial communities and settlements. At the same time, the boundaries of most territories of territorial communities and settlements are not established, and when changing boundaries there are issues that require a better system of legal documents that would regulate scientifically sound establishment (change) of boundaries affecting community regulation of environmental and economically acceptable use lands. A number of changes to the legal documents are proposed, such as: preliminary registration in the SCC of project boundaries of territorial communities and settlements, obligations for certified land surveying engineers to verify the intention to establish (change) boundaries. It is proposed to establish (change) the boundaries taking into account the principles of "public administration", namely: the principle of self-organization of civil society and the principle of feedback.

scholarly journals BUSINESS JUDGEMENT RULE SEBAGAI PERLINDUNGAN HUKUM BAGI DIREKSI PERSEROAN DALAM MELAKUKAN TRANSAKSI BISNIS

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Gary Gagarin Akbar
Keyword(s):  
Board Of Directors ◽  
Legal Protection ◽  
Limited Liability ◽  
Business Decisions ◽  
Business Decision ◽  
Applicable Law ◽  
Business Judgment Rule ◽  
Company Directors ◽  
The Board Of Directors ◽  
Definition Of

ABSTRAK Direksi mempunyai peran yang sangat vital bagi perseroan. Direksi ibarat nyawa bagi perseroan, tidak mungkin suatu perseroan tanpa adanya direksi. Direksi bertugas sebagai perwakilan perseroan dalam menjalankan perseroan. Dalam prakteknya, direksi sering kali dirugikan akibat keputusan bisnis yang diambilnya. Hal ini diakibatkan oleh belum adanya harmonisasi undang-undang mengenai definisi keuangan negara sehingga memungkinkan direksi dikenakan tindak pidana korupsi jika direksi dalam mengambil keputusan bisnis menimbulkan kerugian bagi perseroan. Jika direksi dalam mengambil suatu keputusan tidak mendapatkan perlindungan hukum maka direksi menjadi takut untuk mengadakan transaksi bisnis. Karena itu dalam hal ini sangat dibutuhkan doktrin Business Judgement Rule sebagai perlindungan hukum bagi direksi dalam melakukan transaksi bisnis agar mereka bisa menjalankan tugasnya dengan maksimal. Selain itu, jika direksi membuat keputusan bisnis yang menimbulkan kerugian untuk perseroan dikarenakan ultra vires atau melampaui kewenangan yang telah ditentukan dalam anggaran dasar atau peraturan perundang-undangan yang berlaku, maka direksi tersebut tidak bisa dilindungi oleh doktrin Business Judgement Rule. Dalam hal direksi melakukan tindakan ultra vires, maka direksi tersebut dapat dikenakan Pasal 97 ayat (3) UUPT, pasal ini menyatakan bahwa setiap anggota direksi bertanggung jawab penuh sampai pada harta pribadi apabila direksi tersebut melakukan kesalahan atau kelalaian yang mengakibatkan perseroan mengalami kerugian, kemudian direksi BUMN juga dapat dikenakan Pasal 1365 mengenai perbuatan melawan hukum yang mengakibatkan kerugian pada orang lain, maka harus membayar ganti rugi kepada pihak yang dirugikan. Kata Kunci: Direksi, BUMN, Business Judgement Rule ABSTRACT Directors have a very important role for company. Directors like soul of the company, impossible a company without directors. Directors served as representative of the company in running the company. In practice, directors are often adversely affected business decision taken. This is caused by the absence of harmonization of legislation on the definition of state finances so as to enable the directors subject to corruption if the directors in making business decisions result in losses for the company. If the directors in taking a decision not to get legal protection, the directors be afraid to conduct business transactions. Therefore in this case is necessary doctrine of Business Judgment Rule as legal protection for directors in the transaction of business so that they can carry out their duties to the fullest. In addition, if directors make business decisions causing losses to the company due to the ultra vires or beyond the authority specified in the statutes or regulations applicable law, the directors can not be protected by the doctrine of the Business Judgment Rule. In the event that the directors act ultra vires, the directors may be subject to Article 97 paragraph (3) of legislation limited liability company, this article states that each member of the board of directors fully responsible to the personal property if the directors of wrongdoing or negligence which resulted in the company at a disadvantage, then the board of directors SOE also be subject to Article 1365 of the unlawful act that caused financial losses to others, it must pay compensation to the injured party. Keywords : Directors, State Owned Enterprises, Business Judgement Rule (BJR)

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals Legal status of the agrarian exchange of Ukraine

2020 ◽  
pp. 37-40
Author(s):  
Anastasiia TEROSHKINA
Keyword(s):  
Legal Status ◽  
Operative Management ◽  
Point Of View ◽  
Government Agencies ◽  
Agricultural Producers ◽  
Legal Form ◽  
Non Profit ◽  
Legal Documents ◽  
Definition Of ◽  
The Right

In this paper presents and analyzes the concept of the Agrarian Exchange from the point of view of scientists of the economic and legal community, as well as the legislative definition of the corresponding concept. Particular attention is paid to the study of legal documents designed to regulate the activities of the Agrarian Exchange, to establish its legal status. The issues of organizational and legal form and legal status of the property of the Agrarian Exchange are also revealed. Due to some similarities between the Agrarian and Commodity Exchanges, an analysis of the comparison of these two entities is given. The analysis allowed finding fundamental differences concerning the subjects authorized to create the Agrarian Exchange. At the same time, the paper proposes the need to create a subject of the agricultural market in such an organizational and legal form as a non-profit company. First of all, it will be correlated with the legal status of the property owned by the Agrarian Exchange. The possibility of participation in the founding activities of the Agrarian Exchange of large agricultural producers is also considered. But only if the Agrarian Exchange operates in a certain organizational and legal form, which may allow such participation alongside government agencies. That is why, the right of operative management of property, which has the Agrarian Exchange, is decisive for the legislator in the possible choice of organizational and legal form of creation of this entity. That is why the paper is aimed at encouraging the need to adopt a new legislative act that will clearly provide the nuances of the creation, operation and termination of the Agrarian Exchange.

scholarly journals Role and Place of Higher Specialized Courts in the Judicial System of Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 250-257
Author(s):  
V. V. Chumak
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Documents ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Definition Of

The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”. The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity. In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents. It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court. It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.

scholarly journals Guidelines for the Use of Voice Alarm Systems Based on the Analysis of Normative and Legal Documents Used in Selected European Countries

2021 ◽  
Vol 57 (1) ◽  
pp. 6-24
Author(s):  
Keyword(s):  
Speech Intelligibility ◽  
Research Evaluation ◽  
Fire Detection ◽  
Research Process ◽  
European Countries ◽  
Theoretical Research ◽  
Normative Documents ◽  
Legal Documents ◽  
Alarm Systems ◽  
Definition Of

Purpose: The aim of this publication is to present the results of theoretical research – evaluation of normative and legal documents used for the design and installation of voice alarm systems (VAS) in selected European countries. The aim of the research was to analyze and compare the functioning of voice alarm systems in Poland against the background of selected European countries. Introduction: Voice alarm systems are systems installed in buildings that enable the broadcast of warning signals and voice messages for the safety of people in the building. Mandatory use of voice alarm systems in selected buildings became applicable in Poland on January 16, 2006. In Europe, these systems have been present before. Over the years, there has been development of both the devices included in the systems, as well as the normative documents and legal acts that describe these systems. Methods: Within the research process, theoretical research was used, such as: analysis of literature and legal documents, synthesis, generalization, inference, comparison and analogy. As part of the research, documents from such countries as Poland, Great Britain (mainly England), Sweden, Norway, Germany and the Netherlands were analyzed. The selection of individual countries was guided by the level of development of these systems in a given country and the availability of source documents. Conclusions: The presented analysis of the requirements for the use of voice alarm systems shows how different the approach to the use of this type of systems is. Depending on individual experiences and the administrative structure of a given country, a variety of regulations, whether legal or normative (not always normative documents issued by state standardization institutions), can be seen in the field of voice alarm systems application. Unfortunately, one can get the impression that voice alarm systems are still not as popular as fire detection systems. The definition of the requirements for buildings in which the use of voice alarm systems should be obligatory and the requirements for the determination of the required level of speech intelligibility consti- tute the basis for the consistent development of this type of fire protection equipment. Such requirements should be specified either in legal regulations or in normative acts dedicated to voice alarm systems. Keywords: safety of evacuation, evacuation of buildings, voice alarm system, EN 54-16, EN 54-24, guidelines Type of article: review article

scholarly journals Desplazados medioambientales y Derechos Humanos: una construcción conceptual sine qua non para su protección jurídica internacional | Environmental displaced people and human rights: a conceptual construct as previous step for their international legal protection

2019 ◽  
pp. 255
Author(s):  
Daniel Gracia Pérez
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The Other ◽  
International Protection ◽  
Derechos Humanos ◽  
Other Hand ◽  
Displaced People ◽  
Definition Of ◽  
Previous Step

Resumen: El presente trabajo parte de la hipótesis de que no es posible diseñar un régimen de protección internacional para las personas desplazadas por disrupciones medioambientales sin antes aclarar qué se entiende por “desplazado medioambiental” y cómo se ha llegado a tal entendimiento. Así, el artículo se estructura en dos partes. La primera de ellas pretende reconstruir el íter que ha configurado la figura del desplazado medioambiental en el pensamiento académico, tanto desde los estudios medioambientales como desde los migratorios. La segunda, por su parte, analiza la primera definición de desplazado ambiental, con vocación jurídica, que aparece en plano internacional y la influencia que en su redacción han tenido las corrientes anteriores. Abstract:  This paper is based on the hypothesis that it is not possible to design an international protection regime for people displaced by environmental disruptions without first clarifying what is meant by "environmental displaced" and how this understanding has been reached. Thus, the article is structured in two parts. The first of them aims to reconstruct how the concept of environmentally displacement has been shaped in academic thinking, both from environmental and migratory studies. The second one, on the other hand, analyzes the first definition of environmental displaced which appears, with a legal vocation, on the international scene and the influence that those previous streams have had on it.

Reverse Engineering im Spannungsfeld der Sonderschutzrechte

2022 ◽  
Author(s):  
Armin Strobel
Keyword(s):  
Reverse Engineering ◽  
Legal Protection ◽  
Economic Life ◽  
Trade Secrets ◽  
German Trade ◽  
Legal Questions ◽  
Unfair Competition Law ◽  
History Of ◽  
Definition Of ◽  
First Time

In implementation of Directive (EU) 2016/943, Section 3 (1) No. 2 GeschGehG (German Trade Secrets Act) explicitly legalizes reverse engineering for the first time in the history of German trade secrets law. Subject of this thesis is a comprehensive exploration of this new freedom of reverse engineering. To this end, the author develops a definition of reverse engineering that takes into account the reality of economic life. After a practice-oriented interpretation of Section 3 (1) No. 2 GeschGehG, its effects on the entire legal protection of entrepreneurial know-how are examined. The focus is on the effects on copyright, patent and unfair competition law. In this context, the author develops goal-oriented solutions to various unanswered legal questions.

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