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The database of legal knowledge and their using in legislation

Student: Kartoshkin Pavel

Supervisor: Vladimir Isakov

Faculty: Faculty of Law

Educational Programme: Master

Year of Graduation: 2014

<p>Initially legal databases were created as a database of laws, but gradually was expanded domain frameworks laws by filling their various informal legal information. This qualitative change in the substantive content led to a new stage of development of legal databases - &nbsp;building databases of legal knowledge.</p><p>Introduction of neighboring rights of database in the fourth part of the Civil Code, together with the copyright of the originator database raises the question of the relationship between the two legal regimes for the protection of databases, their communication, and the possibility of using both methods of legal protection for a single database. The paper deals with some aspects of the legal protection of databases as objects of copyright and neighboring rights as objects. Emerging jurisprudence in this area seems ambiguous, in connection with which there is a threat of legal insecurity creators including legal databases.</p><p>Providing manufacturer database, made a significant contribution to its creation, a new special (sui generis) the exclusive right to extract and the subsequent use of the material database is intended to solve the problem of insufficient protection of the database content. In this case, investing in the content database become protected. However, in many cases providing base compiler exclusive rights to material he had collected leads to its acquisition of a monopoly position. This raises the problem of balancing the rights of producers of databases and the right to access to information society.</p><p>Separate consideration shall be the use of databases in the sense of part IV of the Civil Code of the Russian Federation, in particular, the use of this form of databases as updating or revision.</p><p>Due to the gradual development of legislation related to the regulation of the Internet, locate databases on the Internet, subject to research the question of legal protection site on the Internet, the group page on the social network as a database.</p><p>Active processes on the implementation of the program of legal informatization, which began in the 90s of the last century in Russia, promoted the introduction of legal databases in the main processes of law. One of these processes is legislation.</p><p>In this thesis was analyzed the questions of necessity and significance of the use of databases of legal knowledge in information and legal support of legislative activity in the Russian Federation, as well as the possibility of the use of automated information-analytical systems on the draft bills.</p>

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