Матеріали конференцій кафедри цивільного права і процесу
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Item Aviation and Transportation Security in USA(НАУ, 2017-04-20) Кметик, Христина ВолодимирівнаItem Brief analysis of the misdemeanor of pimping(Національний Авіаційний Університет, 2020-02-28) Hamâc, D.E.Prostitution can be described as the activity of persons offering sexual benefits and in exchange they receive a payment. This is an illegal phenomenon in various states of the world and is an intensely debated social topic. At the same time, the objective side of a crime is understood as the totality of the conditions required by the incrimination norm, regarding the act of conduct for the existence of the crime, (the object of the crime) touch that consists of a change, in the objective reality called a criminal consequence. The crime of pimping is expressed by an action. It is expressed by the following normative ways of alternative character: exhortation to prostitution; prostitution determination; facilitating the practice of prostitution, taking advantage of the use of prostitution by another person.Item COVID-19 Tracing Applications:is There any Privacy Threat?(National Aviation University, 2021-02) Dotsenko, O.The COVID-19 pandemic is one of the most serious challenges of present world. With the increasing number of infected people to millions and the long process of vaccine creation, the latest information technologies are becoming the means of combating the spread of the disease. Thus, in many countries to combat the virus mobile applications for monitoring compliance with the regime of self-isolation and observation have become popular. But in order to counteract the disease, it is necessary to find out with whom virus carriers came into contact and what places they visited, that causes the possibility of collection personal information (personal data, location data, etc.) by such applications via Bluetooth and / or GPS data or WI-FI points. However, despite of the importance of using these applications to prevent the spread of coronavirus, the question arises whether they pose a threat to privacy.Item Digital Age and Digital Privacy(National Aviation University, 2021-02) Šimkutė, LauraCurrently law is challenging of regulation protection of the main currency – information. Vast amount of significant as well as sensitive information is being collected cheaply and efficiently stored and analysed. Law has to comply with technological changes and human rights. It becomes more and more difficult for law-makers to follow technology changes and ensure that law is effective in securing the right to privacy, to protect personal data and the freedom of expression. Today’s era of social transformation also includes living in a digital age, which relates in particular to the use of computer technology. According to the Internet World Stats Data, in 1995 there were 16 million Internet users, 0.4% of World’s Population, in 2017 51.7% of the world’s population were internet users and in October 2020 there were 4,929 billion Internet users, 63.2% of World’s Population. The numbers have expanded in a short time and the internet continues to grow day by day. Internet users openly create profiles, provides sensitive personal information, i.e. marital status, sexual orientation, and reveal their locations. They pay for seemingly free services with their data and trade privacy for services.Item Economic Cyber-Espionage in the (Post)COVID-19 Era in Europe: Which (new) Challenges?(National Aviation University, 2021-02) Cristani, F.The present paper offers a reflection on the (new) challenges to economic cyber-espionage that have emerged in the (post-)COVID-19 period in the European region. Economic cyber-espionage in Europe. More and more companies around the world and in Europe are becoming the target of cyberattacks, whose consequences have ranged from money losses and information theft to infrastructure destabilization. By 2021, experts estimate that cyberattacks will cost the world $6 trillion per year. Among the cyber challenges that the economic sector faces (e.g. phishing attacks, ransomware and cryptojacking), economic cyber-espionage is a crucial one, namely the attempt to acquire trade secrets held by companies by the State where they are based or third States or by other (non-governmental) companies (in the latter case, it is more common to talk about ‘corporate’ or ‘industrial’ cyber-espionage).Item Ensuring the safety of international civil aviation as a main principle of international air law(National Aviation University, 2023-04) Kmetyk, Kh.V.; Кметик, Х.В.One of the main principles of international air law – the duty of the state to ensure a high level of safety in relation to any flights – is considered. International air law is an integral system of interrelated and concerted principles and norms assigned between its institutions in accordance with specified legal and material features.Item Entities “rights to” trade secrets: problem issues(National Aviation University, 2023-02-24) Smirnov, O.G.; Смірнов, О.Г.It should be noted right away that the term “right to” trade secret is used by the author only as a conditional, which is not an exact scientific formulation, but actually represents “right of access” to trade secret. Since the meaning of the term “right of access” in relation to the specified object more accurately corresponds to both the physical nature of the content of “information as such” and the legal nature of confidential information in the form of a trade secret. Also, the legislator in the Civil Code of Ukraine gives an idea of the subject of commercial secrets as a person who legally controls such information (Article 505 of the Civil Code of Ukraine).Item European Aviation Safety Rules(НАУ, 2017-04-20) Минюк, Дмитро ІвановичItem Exercise of the subjective right on data compilation (database): problem aspects(National Aviation University, 2023-02-24) Diduk, A.G.; Lytvyn, S.Y.; Дідук, А.Г.; Литвин, С.To be protected by copyright, the database must meet the requirements that are generally imposed on all copyright objects: 1) be creative; 2) be the result of intellectual, creative activity; 3) to exist in an objective form, that is, to be expressed externally in such a way as to be available for perception by other persons; 4) be original.Item Familienrecht von Deutschland(National Aviation University, 2021-02) Krüger, LeonDas Familienrecht deckt alle familiären Beziehungen ab und tritt ab dem Zeitpunkt der Eheschließung in Kraft. Die Hauptthemen des Familienrechts sind Ehe und Scheidung. Die Ehe scheint ein einfaches Verfahren zu sein, aber jedes Land hat seine eigenen Anforderungen und Merkmale, die sich im Verlauf der Ehe ergeben. Vor der Heirat sollten insbesondere Ausländer entscheiden, wo die Heirat einfacher und schneller ist, wobei zu berücksichtigen ist, dass sie im Wohnsitzland anerkannt ist, und ob ein Ehevertrag geschlossen werden soll oder nicht. Nach der Heirat stellt sich die Frage, ob ein Mann eine Aufenthaltserlaubnis in Deutschland erhält, dh es besteht ein Problem der Familienzusammenführung. In diesem Fall ist unter Familienzusammenführung nicht nur die Wiedervereinigung von Ehepartnern zu verstehen, sondern auch die Wiedervereinigung von Kindern aus einer früheren Ehe.Item Features of conclusion of electronic contracts(National Aviation University, 2023-02-24) Mostova, G.I.; Мостова, Г.І.The modern world cannot be imagined without the Internet. Since national legislation is constantly being improved along with the rapid development of Ukraine, as of today, many special legislative acts regulate contracts concluded on the Internet. This institution of law is relatively new, in connection with which domestic legislation on this issue is somewhat imperfect and requires certain changes for more effective protection of the rights and interests of the citizens of our country.Item Features of inheritance of copyright objects(National Aviation University, 2023-02-24) Pysana, T.O.; Писана, Т.О.Questions regarding the inheritance of intellectual property rights in general and copyrights, in particular, are quite problematic. They are not adequately reflected neither in the current civil legislation, nor in generalizations and explanations of judicial bodies, nor in scientific literature. Perhaps this is due to the lack of clear provisions regarding the order of inheritance of these rights in the Civil Code of Ukraine and special laws in the field of copyright protection, in particular, in the Law of Ukraine “On Copyright and Related Rights”.Item Harvesting Icebergs and Space Rocks: Small Scale Resource Extraction Entrepreneurship in Areas Beyond National Jurisdictions(National Aviation University, 2020-02) Kirchner, S.; Singh, K.; Mettiäinen, I.; Lesser, P.; Kyllönen, K. M.New opportunities for small-scale, but potentially highly profitable, extractive industries either arise or have the potential to grow, both in the Arctic and in outer space. In the Arctic, icebergs which have broken off from Greenland’s glaciers and which have been transported south through the Davis Strait by the water currents are being harvested off the coast of Canada. The perceived purity of the water and the exotic origin make this risky endeavor commercially interesting. Iceberg harvesting has been undertaken for some time and is likely to become more important: along with increased melting of Greenland’s ice sheet and calving into icebergs, also the Arctic sea ice is melting rapidly due to climate change. Icebergs are an attraction in cruise tourism, too, but also pose threats particularly in the uninhabited sea routes where rescue preparedness is low and distances to help are long. Also Arcticrelated products and services are gaining the attention of consumers and investors from outside the region, in particular when high-priced luxury items and services are concerned. It therefore seems a fair assumption that iceberg harvesting off the coast of Canada is likely to remain relevant for the foreseeable future. Meanwhile, outer space is becoming the latest frontier for extractive industries, not only for the minerals and metals found on celestial bodies but also regarding water and materials which will be needed to give human activities there some degree of permanence.Item INTELLECTUAL PROPERTY RIGHTS IN POLAND(НАУ, 2017) Шуст, Наталія БорисівнаItem Law-popularizing work of China(Національний Авіаційний Університет, 2020-02-28) Luo, YingtingSince China implemented the first “five-year plan” of law-popularizing work in 1986, law-popularizing education has undergone a policy change from propagating the party’s democratic legal system to propagating the basic strategy of governing the country according to law. Now, law-popularizing education has achieved three historic changes,from the education on popularizing the general knowledge of law to the education on improving the legal quality, from the education of monotonously popularizing legal clause to the education of respecting legal spirit and the concept of law, from the administrative management to institutionalized, standardized and legal management.Item LEGAL ASPECTS OF MERCHANDISING(НАУ, 2017) Кметик, Христина ВолодимирівнаItem LEGAL ASPECTS OF MERCHANDISING(2017) Кметик, Христина ВолодимирівнаItem Legal Issues Arising From the Commercialization of Cultural Heritage(National Aviation University, 2021-02) Valiyeva Gunel MohubbatCultural heritage and natural resources belonging to indigenous people and local communities may constitute significant contribution for them. However, commodification of cultural heritage has both positive and negative impacts. Appropriation, loss of culture, pseudo-culture, loss of the authenticity of the culture, exclusion of the heritage owners to get benefits and economic gains, commodification of the culture and loss of identity of indigenous communities are some of the problematic issues. However, concerns on responsibility, regulations of trade in relation with cultural heritage, sustainable development, preservation of culture, conservation of cultural and natural heritage raised by the world community in different levels (such as academician, lawyers, nongovernmental organizations, etc.) create opportunity to find solutions for reconciliation between the culture and commerce.Item Legal protection of semiconductor product assembly: problem issues(National Aviation University, 2023-02-24) Musica, O.M.; Музика, О.М.In the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, norms aimed at the protection of intellectual property rights are fixed. In particular, chapter 9 of subsection IV, which covers 96 of the 486 norms of the Agreement (Articles 157252), among which subsection 6 of Article 224-227 is separately assigned to such an object of490 intellectual property law as the composition of a semiconductor product.Item Lex voluntatis in international private law(National Aviation University, 2023-02-24) Demchyshyn, Yu.; Демчишин, Ю.International private law belongs to one of the most innovative branches of law, which is constantly developing and improving. Peculiarities of legal regulation of international legal relations make it necessary to use a set of certain legal principles that are fundamental in this process.