REFUND OF MORAL DAMAGE AS AN INSTRUMENT FOR PROTECTION OF THE RIGHTS IN THE FIELD OF IT-RELATIONS
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The article deals with the actual issues of compensation for moral (immaterial) damage inflicted by violations of rights in the field of IT relations. Compensation for immaterial damage is one of the most important instruments in the positive right in Ukraine. Violation of personality rights represents one of the most important fundamental forms for compensation of immaterial (moral) damages. The possibility of its reimbursement is one indicator of a certain level of protection of human rights and freedoms in a democratic society and a state governed by the rule of law. Compensation for immaterial damage is of great importance for protection of the rights in the field of it-relations. Attention was paid to the reimbursement of the damage done to buyers of online stores, the protection of exclusive rights on the Internet. The special legislation of Ukraine in the field of intellectual property mentions many ways of civil protection of copyright. At present, the great possibility of infringement of intellectual property rights arises due to the rapid pace of development and distribution of digital information through the Internet, as well as quick and easy access to its sources. The works on the Internet are mainly related to works of literature, science, etc., and in many cases, they are objects protected by copyright. One of the effective means of protecting violated rights on the Internet is to appeal to a court with a claim for non-pecuniary damage. The judicial practice of dealing with cases of non-pecuniary damage caused by violations of the rights in the field of IT has been researched. It is concluded that it is ambiguous as the availability of information on the Internet creates a high risk of violation of property and non-property rights of individuals.The necessity of further studying the conditions of compensation for moral damage as a way of protection of rights in the field of IT relations is substantiated.
Authors and Affiliations
Олександра Володимирівна Шагака
Keywords
Related Articles
- EP ID EP602248
- DOI -
- Views 43
- Downloads 0
ELECTRONIC TESTAMENT IN THE SYSTEM OF MODERN HEREDITARY RELATIONSHIPS
The article is devoted to questions of inheritance of virtual material and intangible values according to the will. The concept of «electronic testament» is defined. An electronic testament is a unilateral act from the...
PROVIDING PRIVATE AND PUBLIC INTERESTS IN THE MARRIAGE AGREEMENT
The purpose of this work is to analyze the specifics of securing private and public interests in the marriage contract by participants in family legal relationships. In addition, the article explores and elucidates the c...
COMPUTATIONAL CREATIVITY (FOR THE ISSUE OF CREATIVITY AND ARTIFICIAL INTELLIGENCE)
The article deals with legal aspects of artificial intelligence and computer generated art works. The increasing importance of artificial intelligence are analyzed. It is revealed that today mankind is going through the...
TERMS OF PROTECTION OF THE RIGHT: SUBSTANTIVE LEGAL AND PROCEDURAL LEGAL ASPECTS
In this work, a doctrinal study of the problems of the interaction of substantive and procedural legal mechanisms for regulating temporal manifestations of the realization of a person’s right to claim is carried out. The...
WAYS OF DEVELOPMENT OF LEGAL REGULATION OF ELECTRONIC CONTRACTING SERVICES IN UNCITRAL INTERNATIONAL ACTS
Introduction of new forms of international cooperation, namely, electronic cross-border cooperation, is one of the priority directions of development of the world community. Electronic cross-border co-operation, includin...