分析俄罗斯联邦在版权保护领域立法的个别条款

IF 0.4 Q4 MATHEMATICS
Galina Luk'yanova, Natalia Korsikova
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引用次数: 0

摘要

没有医学、教育、工业生产等领域的进步思想,人类的存在是不可想象的。现代生活的节奏以各种各样的技术解决方案、社会和政治条件的变化为特征,不可避免地带来了社会关系的复杂性。同时,现行立法也应充分适应这些关系的发展趋势。对发现的需求还要求对发明家的个性、他的创造性活动的结果以及版权保护机制的发展有不同的理解。正在进行的研究证实,今天只有少数著作权人能够真正保护他们的著作权主体性权利。需要找到解决新出现的问题的方法决定了研究的相关性。研究的目的是:分析俄罗斯联邦在瞬息万变的现实中版权保护领域的立法规定,以及在实施这些规定时出现的问题。由于司法证明的复杂性和所研究领域法律关系的动态性,现代现实中著作权物民事流转的参与形式越来越多。之所以需要改进立法,是因为必须在扩大经济制裁的情况下不断更新法律管理机制。在目前的限制条件下,政府机构正在制定旨在刺激进口替代进程的措施。这种情况实现了对国内发展,发明和创新解决方案的需求,这对国家经济的发展至关重要。在研究过程中,运用了比较法、形式逻辑、类比法、法解释法、技术法等方法。根据研究结果,作者得出结论,为知识领域的逐步发展创造机会(实施创造性思想并将其融入经济的条件)始于法律框架的形成,同时考虑到各方利益的平衡。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Analysis of individual provisions of the legislation of the Russian Federation in the field of copyright protection
The existence of mankind is unthinkable without progressive ideas in the field of medicine, education, industrial production, etc. The rhythm of modern life, characterized by a variety of technological solutions, changes in social and political conditions, inevitably entails the complication of social relations. At the same time, the current legislation should develop adequately to the trends of these relations. The need for discoveries also requires a different understanding of an inventor’s personality, the results of his creative activity, as well as the development of a mechanism for copyright protection. The ongoing researches confirm that today only a small number of copyright holders managed to really protect their copyright subjective rights. The need to find ways to solve the emerging problems determines the relevance of the study. The purpose of the study: analysis of the provisions of the legislation of the Russian Federation in the field of copyright protection in a rapidly changing reality, as well as problematic issues that arise in the implementation of these provisions. The forms of participation in the civil circulation of objects of copyright in modern reality are becoming more and more significant, which is due to the complexity of judicial proof and the dynamism of legal relations in the field under study. The need to improve legislation is due to the importance of consistently updating legal regulatory mechanisms in the context of expanding economic sanctions. In the current conditions of restrictions, government bodies are developing measures aimed at stimulating the processes of import substitution. This circumstance actualizes the demand for domestic developments, inventions, innovative solutions that are important for the development of the country’s economy. In the process of research, the following methods were used: comparative legal, formal logic, analogy, interpretation of law, technical legal. Based on the results of the study, the authors come to the conclusion that the creation of opportunities for the progressive development of the intellectual sphere (conditions for the implementation of creative ideas and their integration into the economy) begins with the formation of a legal framework, taking into account the balance of interests of the parties.
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来源期刊
CiteScore
0.70
自引率
50.00%
发文量
44
期刊介绍: Vestnik St. Petersburg University, Mathematics  is a journal that publishes original contributions in all areas of fundamental and applied mathematics. It is the prime outlet for the findings of scientists from the Faculty of Mathematics and Mechanics of St. Petersburg State University. Articles of the journal cover the major areas of fundamental and applied mathematics. The following are the main subject headings: Mathematical Analysis; Higher Algebra and Numbers Theory; Higher Geometry; Differential Equations; Mathematical Physics; Computational Mathematics and Numerical Analysis; Statistical Simulation; Theoretical Cybernetics; Game Theory; Operations Research; Theory of Probability and Mathematical Statistics, and Mathematical Problems of Mechanics and Astronomy.
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