Intangible assets and their protection

Society is a complex structure that performs a multitude of functions. However, in order to maximize the effectiveness of the society, it must be directed and monitored everywhere. This feature people realized in ancient times, which led to the emergence of entire states. These socio-political structures have become the main organizer of large human masses. However, the states lacked a single regulator of public relations. After all, it is with his help that one can influence people and the process of their interaction directly with the state.

Nevertheless, the regulator of social relations was still found. That is right. The category has proved to be extremely effective in the sphere of coordination of society. Its main feature is the personal ability of people to choose their own behavior. That is, society is endowed with certain rights. In their totality, the rights are the object of one or another branch of legal regulation. The most extensive field to date is a civilization. Civil law extends its effect to the specific intangible possibilities of man or, in simple terms, intangible benefits.

Concept of category

Intangible goods are one of the types of civil law objects of the Russian Federation. They are of great importance in the process of regulating relevant social relations. In terms of its characteristics, intangible goods are a spectrum of rights, opportunities and permissions that do not have economic or financial "stuffing", that is, their inability to express themselves in a price ratio. These kinds of categories play a big role in the civil law branch. They allow us to regulate specifically social relations, the object of which is life, business reputation, personal integrity, dignity, honor, etc.

Ratio of material and non-material goods

In order to understand in more detail the features of the non-property category, it is necessary to find out the key aspects of its opposite. Such in the theory of civil law are material benefits. This term is characterized by categories of economic, property nature. They can be expressed in a price equivalent. Such goods include real estate, transport, household items, etc. It is interesting that property benefits also include debt that do not have material expression. As we see, material and non-material benefits, although they do not have a lot of similar moments, they are still regulated within the civil law branch. This fact indicates the general legal nature of these categories.

Signs of non-material goods

Intangible goods, like other categories, institutions of civil law, can be characterized on the basis of a number of specific features. They, in turn, are common features that allow you to find out the legal regime of a particular facility of the said regulatory industry. Thus, the following attributes are inherent in non-material goods, namely:

• Such legal elements are not endowed with economic content;
• Intangible goods can not be separated from the subject, that is, the actual carrier;
• Intangible goods are the individualizing element of their possessor;
• They can not be estimated;
• From the legal point of view, such benefits are absolute, unlimited.

Thus, intangible goods are a specific sub-sector of civil law. Their application is possible only in certain legal relationships. But it is worth noting that in recent years, human interaction has become increasingly intangible. This fact significantly increases the popularity of the category presented in the article.

Normative fastening

Any legal category, including intangible goods (objects of civil rights), have a normative fixation in certain official acts of the state. The category presented in the article is manifested in the following ABMs:

1. Constitution of the Russian Federation.
2. The Civil Code.

Thus, the protection, realization and protection of intangible goods and related competencies are carried out within the framework established by the submitted legislative acts.

Types of non-material goods

The category presented in the article is not homogeneous in its essence. In other words, it has a whole spectrum of different branches, which are called kinds of civil immaterial goods or rights. In the process of studying by theorists, a division of these elements between the corresponding groups was made. This approach ensures, first of all, the convenience of research. There are to date three groups of legal possibilities of non-material character.

1. Rights, whose mission is to ensure the personal well-being of a person at the physical and psychological levels. Among them are a large number of opportunities. An example is the right to health, inviolability, life, and so on.
2. Individualization of personality also occurs on the basis of the right to a name, patronymic, business reputation, dignity and honor.
3. Human activity shows the level of its autonomy in the process of social interaction. In this area, there are also certain intangible benefits, for example: the right to inviolability of telephone conversations, dwellings, correspondence, private life.

The concept of non-material goods says that this is, above all, a legal category. That is, it is included in the legal regime of each person individually. The legal "space" of people, as we know, can be violated by other persons. Therefore, in the civilian sector, a whole protection mechanism has been developed, designed to protect the personal intangible benefits of individuals from various kinds of encroachments. There are many different security institutions, each of which has its own specifics.

Intangible assets and their protection

There is a whole legal mechanism in the civil law branch that can be used to protect one's personal powers. Protection of non-material goods occurs within the framework of the Civil Code of the Russian Federation and other laws that directly relate to this industry.

It should be noted that today there is a whole system of ways to protect intangible rights, which is presented in Article 12 of the Civil Code of the Russian Federation. In accordance with the provisions of this rule, we can distinguish the following ways of protecting civil rights: recognition of the possibility, restoration of the right, self-defense of the law, compensation of damages, penalties, compensation for harm of a moral nature, change in legal relations, etc. It should be noted that in Chapter 8 of the Civil Code of the Russian Federation Some intangible goods and their protection are considered in more detail.

Compensation for moral harm and protection of dignity, honor

According to articles 151 and 152 of the Civil Code of the Russian Federation, citizens of our power can make certain demands in cases when their legal status is violated by actions of another person. For example, a court has the right to impose a duty of compensation for moral harm on a person who actually inflicted harm on the other party. However, the degree of reimbursement will depend on the circumstances of the particular situation. In this case, moral and physical suffering will be taken into account.

If the honor and dignity of a person are violated by discrediting information, then he can demand a refutation of such facts. At the same time, civil legislation allows for the protection of intangible benefits even after the immediate death of a person.

Legal protection of privacy and images

It should be noted that the identity of each person is in itself an intangible good. The image in this case is a way of fixing the personality. Therefore, the law provides a mechanism for protecting against the uncoordinated use of the image of a particular person.

Legislation also establishes a taboo on any interference with a person's private life. In accordance with Article 152.2 of the Civil Code of the Russian Federation, no one is allowed to collect, distribute or store private information about a person. However, the proposed prohibition does not apply to cases where certain types of statements have already been made public.

Conclusion

So, we tried to consider non-material goods and non-property rights, which, in principle, are related categories. It is worth noting that the mechanism for protecting personal legal opportunities in the Russian Federation is still at the stage of formation, if compared with Western countries. Therefore, in the presented field of jurisprudence, it is necessary to carry out certain theoretical and practical reforms. This will expand the range of opportunities for many people.