The article reveals the process of formation of the intellectual property rights as a separate branch of jurisprudence and analyzes the modern interpretation of these rights. The concept of intellectual property is not static, it has changed and continues to change and therefore this branch of law is characterized by complex terminology and it needs constantly evolving legislation. The first laws concerning intellectual property rights and the very origin of this branch of law should be attributed to Western Europe of the IV century. However, these laws had the character of privileges and were not generally valid. Nevertheless, those did not take long to wait. The article notes four approaches to the definition of the essence of the term intellectual property. Further, in the article modern problems of the international intellectual rights and their relevance in the conditions of globalization are analyzed. An important feature of intellectual property rights is a significant role in their trans-territorial settlement of international treaties and organizations. The last part of the article analyzes current trends in the international regulation of intellectual law. The notion of territoriality and its influence on the development of private international law and international economic turnover in the field of intellectual property are disclosed.
Müəllif :
Amir Aliyev, Aydan Mammadova
Nəşr tarixi : 2018
In contemporary criminological science, a unified and consistent theoretical approach to criminal omission has yet to be established. This is primarily due to the fact that the question of whether criminal omission that is, the failure to fulfill a legal duty constitutes a legal and social reality remains a subject of academic debate. The normative, social, and philosophical aspects of this category are interpreted differently across various legal schools and criminological approaches. Scholars and authors hold divergent views regarding the essence of this concept. Some authors emphasize that criminal omission, understood as the non-performance of a specific legal obligation, lacks material expression in objective reality and therefore hesitate to recognize it as an independent form of conduct in the legal sense. According to their perspective, the foundation of legal wrongdoing lies solely in active conduct namely, a volitional act that can be observed in the external world. Passivity, in contrast, is not a form of conduct in the material sense, but merely the absence of such conduct. This viewpoint is largely rooted in formalist and positivist theories of law. Nevertheless, according to the prevailing position in criminology, denying the existence of passive conduct i.e., the failure to fulfill a legal obligation as a valid legal category is scientifically unfounded. In some instances, the consequences of omission may pose a greater threat to public safety than those resulting from active conduct, thereby providing sufficient grounds for the imposition of legal liability. Such an approach allows for a broader interpretation of criminal behavior, particularly within the frameworks of social functionalism and normative legal theory.In this regard, omission as it reflects the breach of a certain duty to act both legally and socially has evolved into an independent object of criminal law and criminological analysis. On this basis, the present article will examine the criminological characteristics of criminal omission from multiple perspectives.
Müəllif :
Vuqar Gadimov
Nəşr tarixi : 2025
The rapid expansion of the digital environment has significantly impacted the protection of personal non-property rights, leading to new legal challenges related to privacy, online defamation, and identity theft. Unlike material damages, moral damage resulting from such violations is difficult to quantify, making compensation mechanisms complex and inconsistent across jurisdictions. This article examines the legal frameworks governing the protection and compensation of moral damage in digital violations, focusing on Azerbaijan, the European Union (EU), and the United States (US). A comparative analysis highlights the differences in legal approaches, including statutory regulations, judicial precedents, and the role of international courts such as the European Court of Human Rights (ECtHR). In Azerbaijan, the protection of personal non-property rights is primarily based on constitutional and civil law provisions, with increasing reliance on ECtHR jurisprudence. However, national courts face challenges in ensuring consistency in moral damage compensation, particularly in digital violations. In the EU, the General Data Protection Regulation (GDPR) provides a structured mechanism for addressing moral damage, reinforced by ECtHR case law on privacy rights and data protection. The US, in contrast, follows a common-law approach, where compensation largely depends on judicial discretion and constitutional principles such as the First Amendment. The study emphasizes the need for harmonization of legal standards to enhance the effectiveness of digital rights protection. The growing influence of ECtHR rulings and international legal instruments suggests a trend toward stronger safeguards for individuals affected by digital rights violations. The findings underscore the importance of developing clear and enforceable guidelines for compensating moral damage in the digital space.
Müəllif :
Gozal Huseynzade
Nəşr tarixi : 2025
Administrative proceedings are understood as activities carried out by the relevant administrative bodies within the framework of the procedural rules established by this Law on the adoption, execution, amendment or cancellation of an administrative act, as well as consideration of administrative complaints, upon the application of individuals or legal entities or on the initiative of administrative bodies. As can be seen from the definition, the main activity of an administrative body is related to the adoption of an administrative act. When interested persons against whom an administrative act has been adopted apply to the court to protect their rights and interests, first of all, whether an administrative act has been adopted in this regard is investigated. From this it is clear that the activities of administrative bodies and their regulation are related to administrative acts. In this regard, the legal force of administrative acts, as well as the validity of administrative acts, are checked in the courts based on the principles of legality and protection of the right to trust. In addition to conducting research on the legal force of administrative acts in theory and legislation, the practice of administrative bodies and court cases were also studied.
Müəllif :
Zarifa Mammadova
Nəşr tarixi : 2025
Surrogacy stands as one of the most complex and widely debated issues in contemporary medical law, intersecting reproductive rights, bioethics, and shifting legal landscapes. With infertility impacting an estimated 15–20% of couples globally, the demand for alternative reproductive pathways, including surrogacy, continues to grow. Yet, regulatory responses vary sharply between jurisdictions. Countries such as Türkiye and Azerbaijan, for example, still lack comprehensive legislation to govern such practices. This paper investigates surrogacy from legal, ethical, and medical perspectives, advocating for a rights-based, interdisciplinary framework that protects all parties involved particularly the child. The study highlights key legal ambiguities concerning the recognition of parenthood, enforceability of surrogacy contracts, and the ethical boundaries of assisted reproductive technologies. Drawing from comparative legal systems, including those of the United Kingdom, the United States, and select Eastern European states, the paper argues for recognition of genetic motherhood and the establishment of ethics committees comprising legal, medical, and psychosocial professionals. It outlines permissible conditions for surrogacy, such as medical necessity, genetic links between the embryo and intended parents, and strict non-commercial intent. Moreover, it addresses biological phenomena like microchimerism and calls for the creation of registries to guard against inadvertent incest. The welfare of the child remains central, and the paper proposes that future surrogacy legislation explicitly address matters of custody, inheritance, and contractual withdrawal. Looking ahead, it acknowledges the transformative potential of technologies such as uterus transplants and artificial wombs. Ultimately, the article urges legislative reform in Türkiye, Azerbaijan, and comparable jurisdictions to ensure transparency, justice, and ethical integrity in surrogacy arrangements.
Müəllif :
Anara Hajibayli
Nəşr tarixi : 2025
The legal security and liability issues that have emerged with the rapid development of artificial intelligence (hereinafter - AI) technologies have become one of the key legal and scholarly challenges of the modern age in the context of international law and human rights. This article examines the impact of artificial intelligence on human rights, especially the right to respect for private life, the principle of non-discrimination, freedom of expression and data confidentiality. The study analyzes the normative frameworks and guiding principles put forward by influential international organizations such as the Council of Europe, UNESCO and the Organization for Economic Co-operation and Development (OECD) regarding the ethical and legal governance of artificial intelligence. In the light of the general principles of international law, the article emphasizes the imperative to adhere to principles of transparency, lawfulness, and data minimization during the data collection and processing phase. The article thoroughly examines issues such as legal gaps, the concept of technological neutrality, and the legal personhood or status of artificial intelligence. In this context, leading legal scholars and ethical theorists such as Luciano Floridi and Frank Pasquale emphasize that technology is inherently non-neutral and highlight the importance of establishing mechanisms for the legal accountability of artificial intelligence systems based on scientifically grounded principles. The study proceeds by presenting the comparative regulatory models adopted by jurisdictions such as the European Union, the United States, China, and South Korea regarding the legal governance of artificial intelligence. As a result, the article underscores the need to develop flexible, accountable, and human rights-compliant mechanisms at both the international and domestic levels, grounded in the principle of technological neutrality, in order to ensure the safe, lawful, and ethical development of artificial intelligence.
Müəllif :
Vadiya Alakbarzade
Nəşr tarixi : 2025
The purpose of this article is to investigate the legal foundations and practical significance of including half of the training period undertaken by military servicemen at civilian higher and secondary specialized educational institutions in the calculation of long-term service for the purpose of pension entitlement in the Republic of Azerbaijan. The article employs methods such as the analysis of normative legal acts, a comparative legal approach, and the study of practical application experience. The scientific novelty of the article lies in the fact that, for the first time, the legal grounds for the inclusion of half of the training period spent by military servicemen in civilian higher and secondary specialized educational institutions into their long-term service for pension purposes are systematically analyzed within the context of the Republic of Azerbaijan. Furthermore, new approaches and proposals are put forward regarding the improvement of existing legislation in this field. The approach is substantiated through various legislative acts and assessed from a legal perspective
Müəllif :
Qahraman Behbudov, Parviz Garibov, Yusif Mirzazade
Nəşr tarixi : 2025
Tax is an important factor in the formation of budgets, which are among the most essential conditions for the existence of a state in the modern era. The state forms a budget to fulfil its duties and functions, and it primarily "fills" these budgets through taxes collected from legal entities and individuals. Therefore, according to the social contract theory, for us to see the state fulfilling its functions, it is necessary for us to pay taxes to it. All the above explains how significant the importance of paying taxes is. It is not surprising that when the duties of a person and citizen are listed in our Constitution, the duty to pay taxes and other charges is mentioned as a constitutional obligation among the foremost responsibilities. However, the legislative imposition of the duty to pay taxes on everyone living in the state cannot be considered as granting the state unlimited or unregulated powers in this area. As stated in the Constitution, individuals and citizens are only obliged to pay taxes and other state charges determined by law. Furthermore, the second part of Article 73 notes that no one can be forced to pay taxes and other state charges beyond those established by law or in amounts exceeding those specified in the law. These provisions of the Constitution define the scope of the state's authority to impose taxes on the population and establish the basic legal principles of taxation. The fundamental principles of taxation are the same in all democratic societies. However, humanity did not reach this understanding overnight. Since taxation first emerged until today, just as the purpose and philosophy of taxes have completely changed and taken a new form, the foundations of taxation have undergone a long and difficult development. Through a series of uprisings, revolutions, crises, and reforms, the precise legal framework of taxation was defined. It was determined that taxation must be established by law. It is no coincidence that the existence of the law, and not any other normative act, is required for taxation. The fact that the legal basis of taxes is determined only with the consent of representatives elected from among the population is known in tax law as the principle of "no taxation without representation." This article attempts to provide information about the development path of this and other principles formed in the field of tax law up to today.
Müəllif :
Asmar Aliyeva
Nəşr tarixi : 2025
The article provides a comprehensive analysis of issues concerning the international legal regulation of inheritance relations, particularly the unification of legal norms related to testamentary form. The author thoroughly examines the content and application mechanisms of international instruments such as the 1961 Hague Convention and the 1973 Washington Convention, while investigating the possibility of their implementation within the legal system of the Republic of Azerbaijan. It is emphasized that testamentary form holds significant importance in inheritance relations, and that adopting internationally unified norms has become necessary to eliminate legal uncertainty in this sphere. In conclusion, the author emphasizes that the application of international conventions holds significant importance from the perspective of legal stability, protection of rights, and reduction of inheritance-related litigation. The accession of the Republic of Azerbaijan to these conventions is both necessary and advisable, serving to align the national legal system with current international legislation in this field and to ensure more effective protection of citizens' rights.
Müəllif :
Alizade Mammadov, Khanimana Gafarova
Nəşr tarixi : 2025
Since the beginning of human history, the realization and protection of human rights have been one of the main issues. In the 80s of the 20th century, the so-called third generation rights were added to the classification, which are also called collective rights and solidarity rights. Living in a healthy environment is characterized as one of the difficult but equally important rights to be realized as one of the 3rd generation rights. The difficulty is, first of all, that these rights are possible with the solidarity of all mankind, not individual people. In 1995, one of the important steps taken by the world states was the holding of the first meeting of the COP in Berlin. World leaders gather at COPs to discuss the best approaches to combat climate change and to assess progress. Various solutions for environmental protection are discussed, and unresolved topics are discussed at other conferences. Currently, 198 Parties to the comprise 197 nations and the European Union, resulting in nearly universal membership. The following conference is scheduled for November 2024 in Baku, Azerbaijan. In this article, all the issues related to the right to live in a healthy environment will be discussed in detail in each case.
Müəllif :
Ayişə Qasımova
Nəşr tarixi : 2024
