No 3 (2021)
LAW
5-10 159
Abstract
Russian legislative bodies governs the term intellectual property to objects of intellectual rights, that is, the results of intellectual activity and means of individualization. Thus, our legislator, adopting Part IV of the Civil Code of the Russian Federation, departed from the most widespread approach in the world to the concept of “intellectual property”, according to which intellectual property is the rights to the results of intellectual activity and equated means of individualization of legal entities, goods, works, services and enterprises. The legislator does not disclose the content of the concept of “results of intellectual activity”. The article examines the fundamental differences between property law as a proprietary right and intellectual property. A comparative analysis of the content of the property right, on the one hand, and the exclusive right, on the other. Issues of commercialization should be resolved taking into account the provisions established in paragraph 4 of Article 129 of the Civil Code of the Russian Federation. The distinctive features of objects protected by copyright, related rights, patent law, and so-called non-traditional objects are revealed. This article is published based on the results of a report presented at the All-Russian Scientific and Practical Conference “Topical issues of intellectual property protection in educational activities”
11-16 127
Abstract
To date, Russia’s criminal policy is aimed at humanizing criminal legislation, primarily replacing deprivation of liberty with alternative types of punishments. A group of punishments related to the restriction of the labor rights of convicts acts as a real alternative to imprisonment, in favor of which, first of all, their economic, correctional and rehabilitative advantage is in favor. In the article, the authors nalyzes the regulation of a subgroup of the main types of punishments related to the restriction of the labor rights of convicts under the criminal legislation of Russia, identifies the main problems, and also suggests their possible solutions.
17-21 157
Abstract
In any of the four groups of objects of intellectual rights, it is necessary to talk not only about establishing the right, but also about verifying its use. Software programs are objects protected by copyright, but their optional, voluntary registration with Rospatent is allowed. Although the exclusive right has already arisen when writing the program to disk or on paper, it is advisable to register this right so that there is a legal confirmation document. In addition, it is quite possible to protect the content with the norms of know-how (trade secrets). But here the monopoly becomes a kind of quasi-monopoly due to the lack of registration. After all, when registering, it is necessary to disclose the object of registration, and it is kept secret. As for patent law, it is the establishment of an exclusive right through its state registration, a patent is really a monopoly, limited, of course, by the framework of the state and the scope of the patent, but it is necessarily granted in exchange for disclosure of information. So, in relation to softwares, there are such protection possibilities as copyright, know-how and patent law. However, paragraph 5 of Article 1350 of the Civil Code states that softwares are not inventions. In this connection, article examines the possibilities of patent protection of innovations (using the example of softwares). This article is published based on the results of a report presented at the All-Russian Scientific and Practical Conference “Topical issues of intellectual property protection in educational activities”
22-26 99
Abstract
The article examines topical issues of environmental protection and public practice. At present, the attitude towards environmental protection has become one of the main indicators of the level of development of a state. Environmental ideas and public opinion of the planet have led to the spread of a new environmental̆ ethics, which bears both the character of the individual choice of each person and the corporate choice in relation to the environment and ecology.
27-33 125
Abstract
The article aims to determine the legal basis for Mineral Management licensing. This article provides the reader with some information on analyzing differing perspectives on the issue. It gives valuable information about the characteristics of the main violations in the field of Mineral Management use. Based on the conducted research, conclusions, suggestions expanding the theoretical and legal foundations, and improving the current legislation are identified.
POLITICAL SCIENCE
34-39 202
Abstract
Local communities are the basic category for creating a successful political group to defend their own interests in the modern urban space. It is joint problem solving and cultural projects that can become the basis for building close horizontal ties and increasing social capital. The main goal of the work is to demonstrate that participation in politics begins with a simple exit of citizens from their apartment to the entrance or to the courtyard, where the search for problems will help to find like-minded people. The creation of the local community will provide the initiative group with a whole set of tools for participation in the political process. The creation of local communities, in our opinion, will help turn disparate groups of citizens into political associations capable of implementing projects and influencing local authorities. In addition, local communities will be able to break down the “glass barrier” of mistrust in Russian society and popularize the practice of creating local communities in the eyes of citizens.
HISTORICAL SCIENCES
40-43 109
Abstract
The establishment of the Soviet power changed the entire way of life for the small-numbered indigenous peoples of Yakutia. There occurred the socio-economic and socio-cultural changes that became decisive in the historical destiny of Tungusic peoples of Yakutia. The collectivization and other Soviet policies on the indigenous population deprived the Tungus population of the possibility to maintain the traditional ways of life. However, the new Government provided substantial assistance in social and cultural fields. They built schools, hospitals, clubs; there appeared competent, educated people among the Tungus.
44-48 114
Abstract
N. A. Gogolev is a well-known athlete, scholar, instructor, one of the founders of the M. K. Ammosov Yakutsk State University. In the article, the author examines his teaching, scholarly and organizational work at the university, with which he was closely associated for more than 40 years. Attention is also paid to the sports career of Gogolev, who was a Master of Sports of the USSR in freestyle wrestling, the first champion of the RSFSR from Yakut wrestlers, a three-time champion of the Russian Far East, a seven-time champion of the Yakut Soviet Socialist Republic.
ANNIVERSARIES
49-66 158
Abstract
The victory of the Soviet people in the Great Patriotic War against the Nazi invaders in 1941-1945 was won with great efforts and with great sacrifices, thanks to unprecedented heroism at the front, labor feat in the rear, unity and brotherhood of the peoples of the USSR. The history of Yakutia during the Great Patriotic War is a special page. Our people do not forget those times. This time has remained in the memory of the people forever. The peoples of Yakutia also made their worthy contribution to the common cause of the Victory both at the front and in the rear. Despite all the hardships and losses, the people of Sakha withstood the hardships of wartime with honor, steadily approaching the Victory Day with their daily military and labor feats. Persistently, over half a century, with his tenacity and diligence to study the contribution of the peoples of Yakutia in common Victory in the Great Patriotic War was engaged in a famous historian Dmitry Dmitrievich Petrov, a recognized expert on military history topics. His monograph in two parts “Yakutia during the war” is a fundamental study of the history of Yakutia during the war. The scientist published a collection of documents and materials, letters of soldiers, memoirs. His scholarly works, recognized by people, made a significant contribution to the national historiography of the Great Patriotic War. On the basis of the found award lists, he achieved the assignment of the high rank of Hero of the Soviet Union to the Yakut soldiers. Skillfully combining scholarly activities with practice, he made a worthy contribution to the perpetuation of the bright memory of the fallen soldiers on the battlefields. As a research historian, D. D. Petrov carried out a truly ascetic work, which could be done by a large research institution. The works of D. D. Petrov still remain the main, in general, the only scholarly research and works published on the history of the participation of Yakutia in the Great Patriotic War.
ISSN 2587-5612 (Online)