Zhuykova Anna Alexandrovna (Senior Lecturer of the Department of Civil and Arbitration Procedure of the Institute of Law and National Security of the Federal State Budgetary Educational Institution of Higher Education "Tambov State University named after G. R. Derzhavin")
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The dispute about the law is a key concept of the field of procedural science, which borders on substantive legal structures. The analysis of existing concepts shows that the optimal approach is the one in which the understanding of the dispute about the law as a legal structure formed by legal facts on violation, challenging subjective rights, making demands for proper behavior, non-fulfillment of the presented requirements is proposed. The article substantiates the need to use this approach to understanding the legal structure under study. Thus, through the dogmatic method, the existing ways of understanding it are analyzed. Using logical and comparative legal methods, the characteristics of existing types of intellectual disputes are given, which in turn allowed us to conclude that there is a specified sequence of legal facts in their construction, as well as those elements that participate in legal regulation. As a consequence, the dependence of the design on the object of intellectual rights has been established and at the same time - dependence on intellectual rights, acting in general in the field of legal regulation of these objects. The understanding of intellectual dispute as a legal structure is proposed, and the main recommendations to the law enforcement officer in this regard are outlined.
Keywords:intellectual dispute is the concept, types, construction of a dispute as a dispute about law.
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Citation link:
Zhuykova A. A. Intellectual dispute as a dispute about law: approaches to understanding // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№12. -С. 126-129 DOI 10.37882/2223-2974.2022.12.08 |
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