bluuebunny/crossref_metadata_2025 huggingface dataset:
Automated Safety & Security Systems for Industrial Application using Self-Healing Approach
Authors: SaiCharan B Sri
Published: June 2021

The concept of self-healing for hardware systems is studied in this study, and a new approach is offered. In the way they offer healing and recovery abilities, key technologies have been offering imitations to biological entities. Digital systems with inspired uniform architecture offer better fault-tolerance capabilities. The ability of a system to detect and repair flaws or failures is known as self-healing. Given that current self-healing systems are focused on redundancy and spare blocks, one of the key issues with current self-healing approaches is area overhead and scalability for complicated structures. This research proposes a new method for self-healing based on embryonic hardware that does not require the use of spare cells. When compared to alternative techniques that rely on spare cells, the area overhead is reduced. The suggested method entails time multiplexing two functions in a single cell inside a single clock cycle. The proposed technique's reliability is investigated and compared to that of a traditional system with varying failure rates. This method can heal up to 50% of the cells, and each cell can only cover one neighbouring failed cell at a time. The proposed solution has a 9 percent area overhead, which is significantly lower than prior spare cell approaches. The proposed method is tested on two case studies: an ALU array and a neural network.
Crosstalk Suppression for Fault-tolerant Quantum Error Correction with Trapped Ions
Authors: Parrado-Rodríguez Pedro , Ryan-Anderson Ciarán , Bermudez Alejandro , Müller Markus
Published: June 2021

Physical qubits in experimental quantum information processors are inevitably exposed to different sources of noise and imperfections, which lead to errors that typically accumulate hindering our ability to perform long computations reliably. Progress towards scalable and robust quantum computation relies on exploiting quantum error correction (QEC) to actively battle these undesired effects. In this work, we present a comprehensive study of crosstalk errors in a quantum-computing architecture based on a single string of ions confined by a radio-frequency trap, and manipulated by individually-addressed laser beams. This type of errors affects spectator qubits that, ideally, should remain unaltered during the application of single- and two-qubit quantum gates addressed at a different set of active qubits. We microscopically model crosstalk errors from first principles and present a detailed study showing the importance of using a coherent vs incoherent error modelling and, moreover, discuss strategies to actively suppress this crosstalk at the gate level. Finally, we study the impact of residual crosstalk errors on the performance of fault-tolerant QEC numerically, identifying the experimental target values that need to be achieved in near-term trapped-ion experiments to reach the break-even point for beneficial QEC with low-distance topological codes.
Spiritual energy of the Russian word as a scientific challenge of humanitarian thought
Authors: Maslova Valentina A. , Danich Oksana V.
Published: June 2021

The authors consider faith as a direct way to form spirituality of an individual and nation on the whole, as our main moral wealth. This problem is especially relevant in the modern world, since the most important words for national consciousness are now devaluating. The purpose of the research is to prove that the language, namely the word , has resources for creating and accumulating the spiritual potential of the native speaker. The research has been carried on the material of the Bible and the National Corpus of the Russian language (a subcorpus of literary texts published after 1950). The authors used the following research methods: the traditional general scientific methods of analysis, comparison, generalization and the new one - discourse analysis. In the course of the research two aspects of the indicated problem have been considered: the language is a spiritual essence; the word is a barometer of our understanding of the world. The study resulted in the following conclusions: the primary and the most important function of the language is the function of communication with God; the spirituality of the Russian people is formed and preserved thanks to the language, because the language contains deep transcendental meanings, almost inaccessible for rational comprehension. These meanings create and retain spirituality in the society and the individual, form the spiritual code of the nation; fulfil the sacred function of communication with God; reveals the great mystery of the world and the human soul at the same time. These provisions allow to outline the prospects for the future research within the framework of a new stage of the anthropocentric paradigm, which brings it closer to the theo-anthropo-cosmic paradigm as the paradigm of the future. In it, an individual begins to realize his place not above the world, but inside it.
Legal and linguistic uncertainty of terms and norms of Russian laws
Authors: Batyushkina Marina V.
Published: June 2021

The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is considered as an attribute of law language and a means of legal regulation or a defective formulating legal rules, falsa leclio. Legal and linguistic uncertainty is considered from different points of view: (a) the dichotomy clarity/ uncertainty; (b) the legislative definition; (c) attitude to the system of Russian legislation terms; (d) variability, disambiguate, double-meaning; (e) the basis for procedural decisions (expert assessment, adjustment of the norm of the draft law or the current law, rejection of the draft law). The subjective factors of legal and linguistic uncertainty are analyzed, on the one hand, from the position of professional competencies of law developers and specialists examining laws in different aspects - linguistic, legal, anti-corruption, legal and technical, pedagogical, etc. On the other hand, they are analysed from the point of view of legal and other knowledge of the addressees, those, who interpret the law. The research methodology is traditional for modern Russian studies and legal linguistics: analysis, comparison, deduction, induction, analogy, modeling, as well as contextual, interpretive, systemic, discursive, interdisciplinary, practice-oriented and other approaches. Due to interdisciplinary nature of the research, works on linguistics, jurisprudence, legal linguistics, documents of legislative, judicial, expert practice, texts of Russian (federal) laws, materials from the Dictionary of Terms of Russian Legislation were used. The prospects for the study are outlined: considering legal and linguistic uncertainty in the aspect of creating laws in two or more state languages, orthology, etc.
Diachronic model of the word “official” in the Russian language: semantic features and vectors of development
Authors: Zavarzina Galina A.
Published: June 2021

The relevance of this article is determined by the demand for the stereotype of a civil servant in Russian public communication and the need for its regular research in order to form an objective public opinion and determine the dynamics of social processes. The purpose of the research was to identify and describe the changes in terms of the content of the language sign official in the Russian language in Pre-Soviet, Soviet and modern periods. The methods of synchronous, diachronic, component, lexicographic and contextual analysis are used in the paper. The study was carried out on the material of lexicographic sources and modern mass media discourse on government administration. For the first time, the main vectors for developing semantics of the key lexical unit of the administrative language in the modern period were identified and described. The changes were caused by the destruction of ideologized subject-conceptual semes of the Soviet era; by the expansion of paradigmatic and syntagmatic ties, reflecting the disappearance of geo-conditioned characteristics and consolidating the features of the hierarchy of the modern management, as well as by the actualization and unification of the verbal sign. It is concluded that, in terms of the semantics of the studied verbal signs, there is a traditionally stable pejorative-evaluative emotiveness due to the sociocultural context which is reflected in associative characteristics - stimuli indicating human weaknesses associated primarily with violated moral and ethical norms. The prospects of the research are seen in continuing the synchronous-diachronic study of the most important for the modern Russian language verbal signs official, manager, bureaucrat, functionary in the lexical-semantic field bureaucracy, which is actively developing, and in using the proposed methods of analysis to study other subsystems of the Russian language.
Models of rhetorical relations in Russian blogging as an indicator of interlocutors’ information behavior
Authors: Shaklein Victor M. , Kovtunenko Inna V.
Published: June 2021

Russian blog texts are characterized by the fact that the respondent expresses opinions in order to convince the author of the effectiveness of certain ideas that cover his/her private life and professional activities. The respondent presents arguments in favor of his/her opinion, introduces the rationale for it, and at the same time indicates that the point of view previously expressed by the blogger is also relevant in the contextual situation under discussion. Rhetorical relations project conflict-free development of easy communication. As a result, the points of view put forward by the blogger and the respondent complement each other. It turns out that the same situation potentially generates both positive and negative emotions, and this is emphasized in the virtual communication based on the implementation of the phatic function of language. Rhetorical relations within the blog text help to combine different epistemic positions expressed by the interlocutors. In this regard, an urgent problem of linguistic research of Russian blog texts is to determine whether the interlocutors who exchange opinions and assessments form integral models of dialogic communication, based on which means of linking the stimulating and reacting messages are connected. This problem has not yet received proper empirical analysis in Russian studies and general language theory, although its solution, as we believe, contains significant implications for detailing the pragmatic specifics of blog communication. The aim of the study is to implement a structural and pragmatic analysis of rhetorical relations in blog texts, which involves identifying the dominant markers of these relations, their basic model and its variants. The goal stated in the article is realized through the following research methods: (1) the method of observation and interpretation of blogging while analyzing the peculiarities of the linguistic means of implementing connectivity; (2) descriptive-analytical (contextual) method-direct analysis of blog text fragments as a linear sequence; (3) a method for modeling rhetorical cause-and-effect relationships between segments of a single replica and at the level of integral dialogic unity in the blog text. It is concluded that rhetorical relations fix national and cultural stereotypes, which, in turn, determine the material and ideal scope of the degree of relevance of the addressees evaluation activity. When implementing such speech actions, the interlocutors take into rigid consideration not only the frequent and dominant cultural scripts of dialogic axiological performance, but also the relevant stereotypes of such activities that are set by the language system. The rhetorical relations between stimulating and reacting messages in the context of computer-mediated communication generate facilitate the processes of decoding the informative and emotional content of the jointly generated text and its implications.
A study of the speech of bilingual children of Russian Germans living in Germany
Authors: Licari Camilla , Perotto Monica
Published: June 2021

The article presents the relevant issue of analysing the common features of the grammar of Russian as language inherited by the second or third generation of migrant children in Europe and in the world. The novelty of the study is in the fact that it compares the speech of children with different dominant languages and, in particular, studies the speech of a group of children from families of Russian Germans living in Germany under dual language inheritance. Their parents have a very rich migration history, as they are, in turn, also heritage speakers of German, the language, which they spoke in their family. In the present paper, the main task will be to identify the common features determined by the contact between Russian as a heritage language and other languages, especially at morphological and lexical levels. For this purpose, a field research project was conducted at the Learning and Integration Centre Dialog e. V. in Reutlingen. The analysis of oral and written works of bilingual children of the last generation of Russian Germans showed not only the common elements of erosion identified in the heritage grammar, but also the special linguistic features caused by the transition from German-Russian to Russian-German inheritance. The influence of their parents language distinguishes them from other groups of Russian students, emphasizes the importance of studying not only childrens, but also their parents speech, as well as teaching standard Russian in the framework of non-formal education.
Teaching Russian in a closely-related Slovak environment
Authors: Markova Elena M. , Kvapil Roman
Published: June 2021

The article discusses features of studying Russian as a foreign language in schools in Slovakia. The relevance of the research is determined by the fact that the new socio-political conditions in which Russian is studied as a second foreign language competing with other languages have brought about changes in the status, goals, motives for study, content, approaches to selecting, grouping and presenting material, the methodological concept of teaching. The aim of the work is to identify the features of teaching Russian as a second foreign language in a closely related Slovak language environment. The authors drew on the method of comparison and collation, the method of application (overlaying fragments of language systems), method of component analysis, method of word-formation analysis, methods of analysis of official statistical, sociolinguistic data. In the course of the study, the data of the State Institute for Education Statistics and Forecasts of the Slovak Republic, the peculiarities of Slovak students motivation for learning the Russian language were analyzed, a comparative analysis of the main lexical and grammatical phenomena of the Russian and Slovak languages was carried out. The research resulted in identifying the specifics of Russian as a Slavic language in the status of a second foreign language, the extent of its demand in school practice in Slovakia, reviewing the motives for studying it, and, on the basis of this, developing requirements for selecting, grouping, and studying lexical and grammatical material. The authors see the prospects for teaching the Russian language in Slovakia in combining the system-structural and linguoculturological approaches.
Modern principles of developing the subtest “Reading and Use of Language” of the TORFL-II
Authors: Erofeeva Inna N. , Popova Tatiana I.
Published: June 2021

The article is devoted to the topical problem of modern principles of developing tests of Russian as a foreign language (RFL), taking into account the world experience. The purpose of the article is to summarize the modern principles of language test development and to show how they are implemented in the new tests of Russian as a foreign language. The materials of the article include the research papers of Russian and foreign authors in the sphere of methodology over the past 20 years, as well as modern formats of testing in foreign languages. At the first stage of the study, general scientific methods of generalization, systematization and structuring were used. At the second phase, a new format of the RFL test Reading and Use of Language (B2) was modelled, combining language and communication competence testing. At the third stage, an experiment was conducted to test the new format. 48 foreign master students studying the program Russian Language and Russian Culture in the Aspect of Russian as a Foreign Language in Saint Petersburg State University took part in the experiment. It was concluded that the modern language test, in accordance with the basic cognitive and communicative principle of learning and control, should be based on the following principles: testing skills in different types of speech activities mainly on the text material; interdependence between the type of the task and the speech genre of the text being created/used in the task; basing on a linguistic and didactic description of the communicative competence level; integrative approach; using different types of test tasks within one subtest; the principle of increasing complexity of tasks; taking into account the complexity of each task in its assessment; task feasibility according to students educational level; taking into account the values of the multicultural world; taking into account international experience; basing on reliability and validity criteria of test tasks. These principles implemented in the new TORFL-II subtest format Reading and Use of Language are presented in the article. The implementation of modern test principles should ensure that all speech control facilities are systematically allocated to the appropriate level and parameters for their assessment. The above-mentioned principles of test creation and the example of their implementation can be taken as the basis of a full-fledged system of control and measurement materials based on linguistic and didactical descriptions of each level.
Levels of tests of Russian as a foreign language in terms of school age characteristics
Authors: Dubinina Nadezhda A. , Ptiushkin Dmitrii V.
Published: June 2021

The current paper discusses possibilities for school students to successfully pass TORFL-I/B1, TORFL-II/B2 and TORFL-III/C1. The relevance of this article is determined by the fact that despite Russian as a foreign (second) language has been taught within the framework of the TORFL system for more than two decades, there is a shortage of methodological material aimed at preparing school students for TORFL. In addition, the issue of choosing the level of testing in accordance with the level of Russian language proficiency and taking into account age specifics is not sufficiently covered in Russian academic literature. The aim of this paper is to define age reference marks for school students who plan to pass TORFL. The materials to review and analyse were the works of Russian and foreign researchers in the field of foreign (second) language proficiency, language development of children and adolescents, assessment of school students communicative competence, language assessment, and correlation of these data with the requirements for completing tasks of the TORFL-I/B1, TORFL-II/B2, TORFL-III/C1 Writing subtests selected as an example. The paper has resulted in providing recommendations on the choice of examination level for senior and junior school students, within the framework of TORFL-I/B1, TORFL-II/B2, TORFL-III/C1, which can also be used in the development of training courses in Russian as a foreign language for schools. The authors concluded that there is need to develop a new methodological area in testing of Russian as a foreign language system capable to provide guidelines and recommendations for preparing school students for examinations, and designing TORFL training courses and teaching materials according to the school students age.
Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kārkliņš Jānis
Published: June 2021

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.
Digitālā satura vai digitālā pakalpojuma atbilstības līgumam izpratne patērētāja digitālā pirkuma direktīvā (Direktīvā 2019/770)
Authors:   Latvijas Universitātes Juridiskā fakultāte, Mantrovs Vadims
Published: June 2021

The present article deals with conformity of a digital content or a digital service with the contract within the recently adopted Consumer Digital Sale Directive (Directive 2019/770) by discussing this issue within the transposition procedure of that directive in Latvia. At the beginning, the article provides a general overview of regulation for conformity with the contract within the framework of the Consumer Digital Sale Directive regarding a digital content or a digital service by discussing main features of this regulation. Furthermore, the article examines subjective and objective grounds for conformity of a digital content or a digital service with the contract in conjuncture with the draft act for transposition of this directive into the Latvian Consumer Rights Protection Act. By establishing incompliances between the directive and the draft act, the article goes on by suggesting legislative proposals for the Latvian legislator to bring the draft act in line with the directive. The article finishes with the conclusion by summarising the discussion reflected in the article and emphasising the legislative proposals for elimination discrepancy between the Consumer Digital Sale Directive and the draft act concerning the regulation of conformity of a digital content or a digital service with the contract.
Videokonferenču izmantošanas perspektīvas valsts pārvaldes un privātpersonu saziņā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Danovskis Edvīns
Published: June 2021

The article analyses the legal regulation of videocall use in administrative pro­ce­dure, administrative offence procedure and other legally relevant communication between the government and private persons. The context of this analysis is the COVID-19 pandemics, which was the reason to cease in-person customer service in many government institutions. The article provides legal preconditions to create a multifunctional on-line platform, which could offer clients of government institutions customer service that is equivalent to in-person service.
Gender Equal Access to Goods and Services
Authors:   Latvijas Universitātes Juridiskā fakultāte, Dupate Kristīne
Published: June 2021

Direktīva 2004/113/EK, kura prasa nodrošināt sievietēm un vīriešiem vienlīdzīgu piekļuvi precēm un pakalpojumiem, tika pieņemta 2004. gadā. Tā bija jāievieš līdz 2007. gada 21. decembrim. Neskatoties uz to, ka ir pagājuši jau 13 gadi, kopš dzimumvienlīdzīgai piekļuvei precēm un pakalpojumiem bija jādarbojas praksē, līdztiesība šajā jomā gana bieži netiek nodrošināta. Tas skaidrojams ar to, ka līdz šim nav bijis izvērstākas diskusijas par līdztiesību šajā jomā ne no atbildīgo institūciju puses, nedz arī plašākā sabiedrībā, līdz ar to ievērojama daļa preču pārdevēju un pakalpojumu sniedzēju par šo tiesisko regulējumu neko nezina. Lai pievērtu uzmanību jautājumam par dzimumlīdztiesīgu piekļuvi precēm un pakalpojumiem un šo tiesību nodrošināšanu praksē, šajā rakstā autore pievēršas, pirmkārt, Direktīvas 2004/113/EK materiālā un personālā tvēruma un galveno jēdzienu skaidrošanai, otrkārt, problēmām, kuras saistītas ar šo tiesību nodrošināšanu praksē, un, treškārt, analizē šīs direktīvas normu ieviešanu Latvijas tiesiskajā regulējumā. Autore secina, ka Direktīva 2004/113/EK Latvijā nav ieviesta pilnīgi, jo tiesiskais regulējums neietver tās privātās personas, kuras piedāvā preces un pakalpojumus ārpus savas profesionālās darbības jomas. Turklāt apdrošināšanas jomā nav skaidrs, vai visās apdrošināšanas polisēs būtu obligāti iekļaujami riski, kuri saistīti ar grūtniecību un maternitāti. Ir apšaubāmi, vai, nenodrošinot nevienu šo tiesību ievērošanas administratīvās kontroles mehānismu, tiek ievērots ES tiesību aizsardzības līdzekļu efektivitātes princips.
Kā izturēt Uber testu. EST secinājumi lietā C-62/19 Star Taxi App
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kalniņa Vija
Published: June 2021

The controversial Uber test has been applied once again. The CJEU judgment in the case C62/19 Star Taxi App acknowledges that the test is applicable and correct in its current form and no changes or improvements can be expected at least for now. In the meantime, the judgment gives one more example on how the Uber test can be executed and what are the preconditions for passing this test successfully. However, one of the most significant aspects that could affect the outcome of this test, that is, whether the factors of the Uber test are cumulative or alternative, remains unclear.
Tiesiskuma nodrošināšanas instrumenti Eiropas Savienības rīcībā – līdzšinējie un jaunais papildinājums
Authors:   Latvijas Universitāte, Kucina Irēna ,   Valsts prezidenta padomnieku birojs
Published: June 2021

Rule of law is one of the fundamental values of the European Union. Over time, Court of Justice of the European Union, national constitutional and supreme courts and legal science, which form the common European legal space, have come to a more sophisticated and refined understanding of this notion – a concept, which more or less represents a shared understanding of what the rule of law means among all Member States. European Union cannot allow any of its Member States to deviate from this principle. It must have efficient tools for preventing such acts. The purpose of the Regulation 2020/2092 of the European parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Regulation) is to give European Union a more efficient tool for ensuring Member States compliance with the rule of law. In addition to the existing legal instruments, it provides an entirely unique mechanism, which links the EU budget to the respect for the rule of law. This article analyses the already existing mechanisms for the enforcement of rule of law and then takes an in-depth look at the new mechanism established by the Regulation. It can be concluded that the Regulation represents a compromise, which is not perfect, but still workable. Although the process established by the Regulation is political, and there are certain risks to rule of law, guidelines adopted by the Council will precisely formulate the specific mandate of both political bodies (the European Commission and the Council of the EU) and align it with the legal purpose of the procedure. It will also enable Court of Justice to decide on specific cases, albeit post factum. Therefore, this Regulation should be considered as a step forward towards more efficient enforcement of rule of law in the European Union.
ANO Drošības padomes prakse valstu atbildības gaismā (1945–1975)
Authors:   Rīgas Juridiskā augstskola, Miļūna Ieva
Published: June 2021

This article examines the practice of the UN Security Council in the years 1945 to 1975 in light of state responsibility law. The author assesses the political organ’s practice in light of the main elements of state responsibility – breach of an international obligation, attribution of a conduct to a state, circumstances precluding wrongfulness and reparation. The author concludes that the UN Security Council’s determinations regarding situations Indonesia, India-Pakistan, North Korea, Middle East, South Africa, Cyprus and Southern Rhodesia comprise these elements. The author also comes to a conclusion that the po­litical organ develops its own regime of political responsibility comprising such elements as political prevention, political restitution and condemnation.
Informācijas avotu aizsardzība – žurnālista tiesības vai pienākums?
Authors:   Latvijas Universitātes Juridiskā fakultāte, Bīriņa Linda
Published: June 2021

International law provides strong protection to journalists enabling them to refuse to divulge their confidential sources of information. However, there may be situations when a journalist is willing to expose the name of a confidential informant who had tried to manipulate the journalist by passing on false information. The article strives to determine whether protection of sources from journalist’s perspective is an absolute duty or it is a right that the journalist can choose to enforce depending on the particular situation. The author provides an insight into different approaches of ethical and legal requirements related to journalist’s right and duty to protect sources and concludes that an absolute duty should be avoided.
Ņujorkas konvencijas par ārvalsts šķīrējtiesas spriedumu atzīšanu un izpildi V panta otrās daļas piemērošanas problemātika
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kačevska Inga
Published: June 2021

By one of the recent decisions, the Latvian court did not recognise an ad hoc arbitration award made in the UK based on Article V(2)b) of NYC and Article 5(1)1) of the Arbitration Law (non-arbitrability rules). Arbitration agreement was concluded between a creditor and a guarantor, and the court found that in Latvia the domestic arbitration could not hear the disputes, the adjudication of which may infringe the rights of a person who is not a party to the arbitration agreement. The court concluded that in the arbitration case at hand, the main debtor’s rights were infringed, as the main debtor was not participating in proceedings. Thus, the dispute could not be resolved by the arbitration in accordance with legal doctrine and the Civil Law. This article discusses the nature and interpretation of Article V(2) of the NYC, the relation between sections a) and b), and the author gives a practical guidance on applicability hereto.
Atbildība par preču zīmes tiesību pārkāpumu
Authors:   Latvijas Universitātes Juridiskā fakultāte, Rozenfelds Jānis
Published: June 2021

The liability for violation of trade mark rights until 2020 was regulated by the law “On Trade Marks and Indications of Geographical Origin” (Trade Mark Law) of 1999, which was in force until 2020. However, during the time period between 2002, when Latvia joined EU, and as late as 2016, the Trade Mark Law referred to the Latvian Civil Law (Civil Law) as the main source of law. The problem was that the traditional methods of damage calculation as established by Civil Law significantly differ from specific methods of calculation of damages caused by violation of IP rights as provided by the Directive No. 2004/48/EK. Latvia as a member state provided for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by the Directive No. 2004/48/EK only in 2007, i.e., three years after the accession to the EU. Those measures, procedures and remedies were only gradually introduced.
Apstākļu izmaiņu ietekme uz līguma saistošo spēku un labas ticības princips
Authors:   Latvijas Universitātes Juridiskā fakultāte, Balodis Kaspars
Published: June 2021

According to the Civil Law of Latvia, Article 1587, a contract imposes on a party a duty to perform the promise, and neither the exceptional difficulty of the transaction, nor difficulties in performance arising later, shall give the right to one party to withdraw from the contract, even if the other party is compensated for losses. The Civil Law does not recognise a fundamental change in circumstances as a ground for adjustment or cancellation of a contract, although the doctrine is well known in the country. In many cases, Covid-19 restrictions have been damaging to parties’ ability to perform their contractual obligations. Under certain conditions, the principle of good faith (Article 1 of the Civil Law) could be applied to adjust contracts to the changed circumstances.
Piespiedu servitūtu nodibināšana pret atlīdzību
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kalniņš Erlens
Published: June 2021

This article deals with the historic development of the legal framework related to the establishment of coercive servitude in Latvia and the understanding of the so-called “coercive servitude” institute in the existing law in Latvia, as well as the regulation of analogous legal institutes in the law of other states that are a part of the Germanic legal system (Germany, Switzerland, Austria), with the main focus on the establishment of coercive way servitude or the so-called “way of necessity” institute and the preconditions associated with its establishment, as well as the right of the owner of the encumbered (serving) immovable property to receive an adequate remuneration for establishing such limitation, which, by way of legal analogy, should also be recognized in the practice (judicature) of the Senate of the Supreme Court.
Pierādīšanas nasta atbildības par vainojamu rīcību piemērošanā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Brants Edijs
Published: June 2021

In this article, the author analyses the burden of proof in determination of fault-based liability. The main focus is placed on the first prerequisite of civil liability – fault, which can be defined as non-compliance of the factual conduct with the required standard of care (in form of negligence or intent). Currently, the aspect of burden of proof regarding fault is quite unclear in Latvian private law. Therefore, in this article the author answers the fundamental question: which party has the legal duty to prove the prerequisite “fault” (or its absence) according to the Civil Law? Additionally, the author will also outline the peculiarities of burden of proof in both tort law and contract law.
Mākslīgais intelekts un nākotnes regulējuma dilemma
Authors:   Latvijas Universitātes Juridiskā fakultāte, Purmalis Ritvars
Published: June 2021

Digital innovations such as artificial intelligence systems, although limited in their current operational capacity, can be considered to be part of our daily life. Various ways in which these systems are implemented into day-to-day aspects directly affect not only the further development of the industrial sector but the society as a whole. The purpose of this article is to provide a brief insight into the current situation and the various initiatives of the European Union institutions in relation to the methodology for the application of civil liability in the case of damage caused by artificial intelligence systems, as well as to assess the content of future regulatory framework that has been published by the European Parliament, with whom it is intended to establish a common methodology throughout the European Union for the application of civil liability regime, if the damage is caused by artificial intelligence systems.
Obligāciju veidu un civiltiesiskās apgrozības attīstība
Authors:   Latvijas Universitātes Juridiskā fakultāte, Zeņķis Pauls
Published: June 2021

A bond is a debt security, under which its issuer undertakes to repay to the bondholder the principal of the bond and the interest (the coupon) at a specified point in time, that is to be considered as the extinguishing of bonds. There are several types of bonds: bonds issued by the public sector, bonds issued by capital companies, publicly available bonds, private bonds, convertible bonds, subordinated bonds, etc. Several forms of bonds – bonds of materialized and dematerialized form – are also present. Bonds, their types, emission, purchase, acquisition of ownership, circulation on the secondary market and extinguishing of bonds have been developing since the origins of bond. This necessitates an understanding of the changes in the basic characteristics of bonds and their civil circulation.
Interešu līdzsvara apsvērumi Komerclikuma 172. panta sestajā daļā noteiktā prasības celšanas termiņa vērtējumā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Rasnačs Lauris
Published: June 2021

Various Latvian legal scholars have provided different opinions as to the legal substance of 3 month period time limit, provided in the paragraph 6, article 172 of Latvian Commercial Law. The present article is intended as a discussion with authors – Professor Jānis Kārkliņš, Mg. iur., Dr. iur. cand. Edijs Brants and Mg. iur., Dr. iur. cand. Evija Novicāne, who have provided the opinion that the said time limit is set only in order to discipline representatives of a company to file a claim against members of management or supervisory board, shareholders or auditor in due time. In author’s opinion, the failure to file the said claim within specified time limit precludes a company from further legal proceedings against the said defendants.
Apstākļu izmaiņas ietekme uz spēkā stājušos tiesas spriedumu
Authors:   Latvijas Universitātes Juridiskā fakultāte, Bērziņš Gaidis
Published: June 2021

The purpose of the article is to assess whether, in the event of a change in circum­stances, it is permissible to review the entry into force of a judicial decision, establishing a relationship which, after changes in circumstances, does not comply with the principle of equality and justice.
Mantojuma masas juridiskā daba jeb “kas lācītim vēderā?”
Authors:   Latvijas Universitātes Juridiskā fakultāte, Zīle Kristīne
Published: June 2021

Any potential heir is interested to learn what he/she shall inherit. Therefore, it is of paramount importance to understand what are the contents of the estate, or, in other words, what is the meaning of “rights and commitments transferable to others” referred to in Article 382 of the Civil Law. Do any legal proceedings allow for replacement of the claimant or defendant with his/her heirs? Does any legal relationship allow for further transfer of rights? Further, after the opening of inheritance, the estate as a legal entity is entitled to substitute the deceased person. Although legal concept of the estate as a legal entity and its respective rights and obligations do not create issues from the perspective of civil law and civil procedure law, the situation is different from the perspective of administrative law, where this concept is disputable and there are controversial court rulings on this subject.
Mantojuma līguma sekas un to juridiskā daba
Authors:   Latvijas Universitātes Juridiskā fakultāte, Reide Alise
Published: June 2021

According to Article 639 of the Civil Law, with an inheritance contract one party (an estate-leaver) grants the rights to his future inheritance or its part to another party (a contractual heir). As the inheritance contract establishes only a future invitation to inherit, it grants to the contractual heir only the right to wait for his future inheritance, but not an immediately effective right to the present property of the estate-leaver. However, the right of the estate-leaver to dispose of the movable and immovable property bequeathed by the inheritance contract can be restricted. If the inheritance contract concerns immovable property and it has not been registered in the Land Register, it is not valid against third persons, and the estate-leaver can fully exercise his property rights.
Civilprocesuālās aizsardzības pret vardarbību tiesību normu piemērošanas problemātika un aktuālie grozījumi normatīvajā regulējumā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Lībiņa-Egnere Inese
Published: June 2021

The article examines introduction of a civil procedural mechanism – temporary protection against violence – in the legislation of Latvia in 2014, and the basic rules for its application. Additionally, the article examines other significant amendments made during the introduction of the complex regulation on temporary protection against violence. Continuous legislative improvements are important, given that an efficient and fair regulatory and legislative framework is a key factor in combatting violence. Over the past year, multiple issues concerning the application of the regulation on temporary protection against violence have emerged; as a result, several improvements have been made to the legal framework of this mechanism.
Apelācija un ar to saistītie procesuālie jautājumi
Authors:   Latvijas Universitātes Juridiskā fakultāte, Krūmiņš Mārcis
Published: June 2021

The article reflects upon an issue concerning the different situation of the appellants and the cross-appellants in the submission deadline. This issue is addressed through the prism of procedural equality of the parties. Although the importance of procedural equality of the parties is emphasized in court practice, the legislator has ignored the issue under consideration. The accuracy of the factual analysis in the appeal is also emphasized, which allows the court to better assess the positions of the parties in the particular case.
Digitālā satura nodošana apmaiņā pret patērētāja piekrišanu personas datu apstrādei
Authors:   Latvijas Universitātes Juridiskā fakultāte, Dāvida Zanda
Published: June 2021

In recent decades, the Internet and the development of digital technologies have promoted the appearance of new digital products. New business models have emerged, in which digital content or digital services are also provided, and in exchange for these, the consumer does not pay a fee but instead provides personal data to the trader. Different forms of such business models are used in a considerable part of the market. This issue was recognized by the EU legislator when drafting Directive 2019/770 on certain aspects of contracts for the supply of digital content and services. The author of the paper will analyse the implementation of Directive 2019/770 and its effects in the field of contract law in Latvia, in cases where the consumer does not pay a fee but provides personal data to the trader. The aim of the paper is to evaluate the implementation provisions and to identify potential gaps in the regulation in the analysed area, and, finally, to assess whether the goals of the Directive are achievable.
Jānis Pliekšāns tiesību idejas meklējumos Raiņa filozofijā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Lazdiņš Jānis
Published: June 2021

The article is dedicated to the legal philosophical views of poet Jānis Pliekšāns (Rainis) about freedom, the people and the state. For Rainis, these concepts constitute a united philosophical system, founded on the idea of a free, happy, socialist State of Latvia. Of course, all nations, not only Latvians, are entitled to a state of their own. However, the idea of a state is not eternal. With time, states will voluntarily unite in one socialist global state. Freedom, democracy and genuine respect for nations’ rights differentiate Rainis from Pēteris Stučka and other communists. The author believes that, in the contemporary understanding, Rainis’ socialist state would be a socially responsible state.
Nacionālās tiesību avotu doktrīnas attīstība gadsimta laikā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Rezevska Daiga
Published: June 2021

National doctrine of sources of law is characterised by several criteria, namely, it is original from the perspective of the titles of the sources of law and the types of the sources of law; it belongs to the particular system of law; it is also reflective – it reflects the basic norm of the given legal arrangement, as well as the authoritative meaning of law at the specific time; and it is changeable – it develops alongside the development of the legal arrangement itself. The basis for the national doctrine of sources of law in Latvia was set already in the 1920s, while Juris Jelāgins is considered to be the founder of the contemporary national doctrine of sources of law.
Radošums, ražošana un tiesību zinātne
Authors:   Latvijas Universitātes Juridiskā fakultāte, Apse Diāna
Published: June 2021

The purpose of this article is to analyse and to consider the most important aspects of creative jurisprudence, which are important for a common legal order in the era characterised by the birth of new systems and ideas. Attempts were made to find answers to the following questions: whether the conditions of the pandemic and the technocratisation of all fields have a significant impact on lawyers, law students, law education/academics from the point of view of the concepts of production and creativity. It has been found that specific doctrinal insights are becoming increasingly important in the clarification and application of existing and newly created rights, which is a valuable argument in the drafting of a legal act. This article is predominantly relevant from a theoretical point of view.
Tiesību teorija Latvijā starpkaru periodā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Pleps Jānis
Published: June 2021

After proclamation of the independence of the Republic of Latvia, it was necessary to create national legal system. In this context, every national legal system needs its own legal theory. Legal theory in the Latvian legal system was based on succession of the former Russian legal theory traditions. The leading legal minds of new Latvian legal system had graduated from the universities of Russian Empire and practiced law in the Russian legal system. They continued their work in the Republic of Latvia, contributing to the new legal system. Furthermore, they created necessary foun­dations for impressive development of legal theory in Latvia during the interwar period. Prospective development of legal theory was interrupted by Soviet and Nazi occupations, and only partly continued in the exile.