In the structure of activity, one should distinguish between the subject and the object of activity.

The subject is the one who carries out the activity, the object is what it is aimed at. The subject of activity can be a person, a group of people, an organization, a state body.

The object can be natural materials, various objects, spheres or areas of people's lives.

Human activity has the following structure:

Need;

Facilities,

Actions,

Result.

Simplified, the structure of human activity can be represented as follows. in a simple way:

Need- this is a need experienced and realized by a person for what is necessary to maintain his body and develop his personality. In other words, need- this is a need for something A need is usually directed to some object (for example, hunger is a need for food). Needs can be divided into three groups (according to L.N. Bogolyubov):

- biological, or natural, physiological(the need for food, water, respiration, heat exchange, movement, self-preservation, the preservation of the family and other needs associated with the biological organization of man);

- social, generated by society (self-realization, self-affirmation, public recognition of the merits of the individual);

- ideal or spiritual(to know the surrounding world as a whole and in its particulars, to realize one's place in it, the meaning and purpose of one's existence).

This classification is not the only one in the scientific literature. The American psychologist A. Maslow identified the following needs:

- physiological: in the reproduction of the species, food, breath, clothing, housing, rest, etc.;

- existential(from Latin "existence"): in the security of one's existence, the constancy of the conditions of life, confidence in the future;

- social: in social ties, communication, affection, caring for others and attention to oneself, participating in joint activities with others;

- prestigious: in self-respect, respect from others, recognition, achievement of success and appreciation, career growth;

- spiritual: in self-actualization, self-expression. According to Maslow's theory, the first two types of needs are primary (innate), the next three are secondary (acquired).

Human needs are manifested in the motives of activity. motive(from the French “motivating reason, reason for any action”) - an incentive to activity associated with the satisfaction of a need, a perceived reason that determines the choice of actions and deeds. Psychologists understand the motive as that which induces human activity, for the sake of which it is performed. Motives can be:

Needs;

Social attitudes;

Beliefs;

Interests;

Hobbies and emotions;

people's ideals.

Along with needs, the most important motive is social attitudes- the general orientation of a person to a certain social object, expressing a predisposition to act in a certain way with respect to this object (for example, a person is either disposed to create a family, or not disposed).

The most important role in the motives of activity is played by beliefs- stable views on the world, ideals and principles, as well as the desire to bring them to life through their actions and deeds.

In the formation of motives for activity, a special role is played by interests(something objectively significant, necessary for an individual, group or society).

Interests are associated with ideals. The social ideal is an image of a perfect society, which reflects the interests and aspirations of a particular social group.

Target- a conscious image of the anticipated result, the achievement of which is aimed at human activity (for example, at first an image appears in the artist's head, then it materializes). When the goal is defined, its achievement or failure of the activity depends on the means.

Facilities- a set of elements necessary to achieve the goal. The means must match the end.

Any activity consists of separate actions.

German sociologist M. Weber (1864-1920) developed a classification of actions based on dependence on their motives

Results of creative activity- one of the types of objects of civil law relations. These include: works of science, literature, art, inventions, industrial designs, etc.

The results of creative activity are intangible benefits and are objects of intellectual property. Intellectual property- the exclusive right of a citizen or legal entity to the results of intellectual activity, as well as means of individualization of legal entities, products, works and services equated to them in the legal regime. Features of intellectual property objects:

1) are the results of intellectual activity;

2) do not relate to consumable items;

3) can be simultaneously used by an unlimited circle of persons;

5) have a cost estimate;

6) the result of creative activity is the creation of a new product.

The results of creative activity become objects of civil legal relations only after they are embodied in an objective form (transferring them to some kind of material carrier: magnetic tape, paper), i.e. after they become possible for perception by other people.

material carrier acts as a thing and can be transferred into the ownership of other persons. When a material carrier is destroyed, the very result of creative activity is retained by its creator and can be used by other persons only after agreement with him (with the exception of cases established by law).

information signs as an object of civil legal relations:

1) intangible benefit;

2) a non-consumable good, that is, it can be subject to moral, but not physical wear and tear;

3) unlimited reproduction and dissemination of information.

The law does not establish for anyone the right of monopoly possession of information, except in cases where the information is both an object of intellectual property and constitutes an official or commercial secret.

Official or commercial secret- an object of civil legal relations, which is a type of information. The information is a commercial or official secret, if it has the following signs:

1) due to being unknown to third parties, it has a potential or actual commercial value;

2) does not have free access on a legal basis;

3) its owner takes measures to preserve the confidentiality of this information. Persons who have obtained information constituting an official or commercial secret by illegal means are obliged to compensate for the losses. Works and services as objects of civil law.

Completing of the work involves obtaining a certain materialized result and is associated with the creation of certain material goods. Results in some cases can be separated from actions, as a result of which they are considered as independent objects of civil rights. Services- results that are inseparable from activities. Services are not related to the creation of material wealth (medical services, information, social, cultural, etc.).

Activity structure.

The theory of activity in domestic science was developed by the psychologist A.N. Leontiev (1903-1979). He described the structure of human activity, highlighting in it the goal, means and result.

Subject of activity

Subject- the one who carries out the activity, the source of activity, the actor. Since, as a rule, a person shows activity, then most often it is he who is called the subject. The subject of activity must be a person, a group of people, an organization, a state body.

Activity object

An object -??? what the activity is aimed at. So, for example, the subject of cognitive activity is any kind of information, the subject of educational activity is knowledge, skills, and the subject of labor activity is the created material product. The object of activity can be a natural material or object (land in agricultural activities), another person (a student as an object of study) or the subject himself (in the case of self-education, sports training).

Purpose of activity

As goals activity is its product. It can be a real physical object created by a person, certain knowledge, skills and abilities acquired in the course of activity, a creative result (thought, idea, theory, work of art).

Goals, which a person puts in his activity, can be distant And loved ones. A goal is the expected result of an action by which a person intends to satisfy a particular need. Therefore, it is necessary to distinguish the goal as objective(objective result) and how subjective mental (supposed) phenomenon.

The emergence of aspiration is itself a process. Appears first need. This is such a level of uncertainty when it is already clear to a person that he needs to do something, but what exactly is not realized enough. With such uncertainty, various options to meet the needs. At this level of uncertainty, there is still no clear understanding of the means, ways to achieve the goal. Each of the conscious possibilities is reinforced or refuted by different motives.

The results of creative activity - works of science, literature and art, inventions, computer programs, industrial designs, etc., i.e. products of creative activity are objects of the so-called intellectual property. Intellectual property means a set of exclusive rights to the results of intellectual, primarily creative, activities, as well as means of individualization of legal entities, products, works and services (company name, trademark, service mark, etc.) ).

The results of creative activity, unlike things, represent non-material benefits. So, a work of science, literature or art is a collection of new ideas, images, concepts; invention, utility model and rationalization proposal - technical solutions to the problem; industrial design - an artistic and design solution for the appearance of a product. But they become objects of civil legal relations only when they are clothed in an objective form that ensures their perception by other people. So, a literary work can be recorded in a manuscript, recorded on a magnetic tape, an invention - in the form of a drawing, diagram, model. The material carrier of the creative result (manuscript, magnetic recording, drawing, etc.) acts as a thing and can be transferred to the ownership of other persons, can be destroyed, etc., but the result of creative activity itself, being an intangible good, is preserved for its creator and can be used by other persons only in agreement with him, with the exception of cases specified in the law.

The results of creative activity as intangible benefits can be considered as a certain type of information resources. Information has long acquired a commodity character and acts as a special object of contractual relations related to its collection, storage, search, processing, distribution and use in various spheres of life. At the same time, machine information is of particular importance, which refers to information circulating in the computing environment, fixed on a physical medium in a form accessible to the perception of a computer, or transmitted via telecommunication channels.

Information is characterized by the following features. First of all, this is an intangible good, but a good that is not consumed, it undergoes only moral, but not physical aging. Information has the possibility of its almost unlimited replication, distribution and transformation of the forms of fixation. Finally, the law does not secure for anyone a monopoly on the possession and use of information, except for that which is both an object of intellectual property or falls under the concept of official and commercial secrets.

Official and commercial secrets are a special kind of information. It is formed by that part of the information that has real or potential value due to its unknownness to third parties, provided that it is not freely accessible on a legal basis and the owner of the information takes measures to protect its confidentiality (Article 139 of the Civil Code of the Russian Federation). The composition of information constituting an official and commercial secret is determined by the participants in civil circulation themselves, taking into account the restrictions established by law. Entrepreneurs usually include data on ongoing negotiations, concluded transactions, contractors, property status, etc. to this kind of information. Official and commercial secrets also include information on the technologies used, technical solutions, methods of organizing production (know-how).

The Federal Law “On Commercial Secrets”48 dated July 29, 2004 No. 98-FZ (as amended on February 2, 2006) defines a trade secret as the confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses , maintain a position in the market of goods, works, services or obtain other commercial benefits (Art.

3). The law specifies information that cannot be a commercial secret (Article 5). These include, in particular, information contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers, etc.

Along with the results of creative activity, the objects of civil legal relations are the results of works and services. So, the subject of the contract is the result of the work of the contractor. At the time of the conclusion of the work contract, this result is not yet available, but this does not mean that the legal relationship that has arisen between the customer and the contractor is objectless. The object is present in it, but if at first it is expressed in the customer's task in an intangible form, then later, thanks to the actions of the contractor, it is materialized.

In this case, the civil law relationship is formed precisely with regard to the result of the work of the contractor. The customer is primarily interested in the result of the contractor's actions, and not in the performance of certain works. The contractor himself organizes his work and is responsible, as a rule, only for achieving the final result.

A characteristic feature of the result of work as a special object of civil rights is that it can be guaranteed to be achieved by any person with the necessary knowledge, skills and qualifications. At the same time, the result of the work does not have those features of uniqueness, novelty, originality, etc., which are characteristic of the results of creative activity.

The most important qualifying feature is that the result of the work must be materialized in created, repaired, reworked and other things, i.e. have the ability to separate from the actions of the contractor, be tangible and capable of being transferred to the customer. If the result of the work does not have such an ability, then this is a different object of civil rights - a service.

The concept of “service” covers those actions of subjects of civil circulation that either do not end with any specific result at all, but contain a beneficial effect in themselves, or have a result that cannot be materialized. An example of services of the first type is the activity of entertaining, educational, consulting and the like. With their help, human needs are satisfied in the process of the activity of the service provider. The second type includes medical, intermediary, audit and other services. They can have a result (for example, curing a patient, identifying errors in accounting reports), which, however, does not take on a special materialized form. So, the activity of an attorney, commission agent, custodian does not have a materialized result, but is of legally significant interest for the principal, commission agent, bailor.

A special group of objects of civil rights is formed by intangible benefits, which are understood as having no economic content and inseparable from the personality of their bearers, benefits and freedoms recognized and protected by law. These include life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, etc. The bearers of these benefits are all citizens, regardless of age and state of capacity.

Intangible benefits are inseparable from the individual and, accordingly, cannot be alienated from their carriers. Because of this, civil law does not regulate relations related to them, but only ensures their protection (clause 2, article 2 of the Civil Code of the Russian Federation)49.

Results of intellectual activity

The results of intellectual activity as objects of civil rights are enshrined in Art. 1225 of the Civil Code of the Russian Federation. Unlike physical labor, the result of which is usually things, intellectual activity is the mental (thinking, creative) labor of a person in the field of science, technology, literature, art, culminating in the creation of a new, creatively independent result in the field of science, technology, literature or art.

The results of intellectual activity can become objects of legal relations only when they are clothed in some kind of objective form that ensures their perception by other people.

The result of intellectual activity is its product expressed in an objective form, which is called, depending on its nature, a work of science, literature, art, an invention or an industrial design. Each of these results has its own special conditions for their protection and use, as well as the exercise and protection of the rights of their authors. However, they all share a number of common features.

• First, the results of intellectual activity, in contrast to the objects of property rights, are of an ideal nature. Works of science and technology are certain systems of scientific and technical concepts or categories. Literary and artistic works are a system of literary or artistic images. Of course, these categories and images are designated, expressed by alphabetic, digital and other signs, symbols, visual or sound means, and often exist on certain material media (paper, film, stone, canvas, etc.). However, this does not stop them from being ideal objects.
• Secondly, the law cannot directly influence the thought processes that take place in the human brain. The processes of mental activity remain outside the scope of legal norms. However, the law is able to positively influence this process by developing legal forms for organizing scientific, technical and other creative activities and fixing in legal norms the conditions for the protectability of its results.

The ideal nature of the results of intellectual activity does not at all testify to its insignificance or isolation from the production of things necessary for people and other values ​​of human society. After all, it is the objectively expressed result of intellectual activity that can participate in economic turnover, be available for legal regulation, and represent a specific product - intellectual property. The current trend is such that the results of intellectual activity are increasingly acquiring the features of a commodity - a product of intellectual labor created to function in the market.