CHARACTERISTICS OF CRIMINAL AND LEGAL PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
In the article the author investigates criminal responsibility for violation of copyright and related rights. The author notes that an important feature of crimes against intellectual property rights is their criminal misconduct, which indicates the illegality of such acts and their foreseeability in the criminal law. The article analyzes the criminal misconduct of criminal acts, which are closely related to social danger and are a subjective manifestation of the real danger of an act for public relations that has developed in the field of intellectual property and its legal assessment. Also examined are some criminological aspects of the criminalization of these crimes. The author noted that the existence of this kind of crime leads to significant negative changes in social life and social consciousness that are not measurable. The accumulated negative impact on society of such crime is the state of insecurity of intellectual property rights, which impedes the normal development of social relations regarding the commercialization of intellectual property rights, and thus leads to the impossibility of the transition of Ukraine’s economy from industrial to post-industrial. Also, the author noted that an important and also an obligatory feature of crimes against intellectual property rights, which manifests itself at the time of committing a crime and reflects their internal psychological content, is guilty. This feature is embodied in the most important principle of criminal law – the principle of subjective incriminating, that is, responsibility only in the presence of the fault arising from Art. 62 of the Constitution of Ukraine. In modern literature, under the social danger, they understand the objective character of acts that entail negative changes in social reality and cause significant damage to social relations. Without a criminal sanction, it is impossible to fight any crime. However, this does not mean that the penalty provided for in the sanction must necessarily be applied to the person who committed the act, formulated in the disposition of a particular article. A person recognized as a criminal may be released from criminal liability or punishment by a court, as well as by amnesty or pardon. It should be noted that the current Criminal Code of Ukraine establishes a relatively small amount of punishment for crimes against the right of intellectual property. The specifics of social danger are its nature and degree. Public danger on certain grounds and conditions is the sole basis for the criminalization of acts. Analyzing theoretical studies, one can notice the different views of criminologists regarding the public danger of crimes in the field of intellectual property. Thus, there is a need to study the criminological aspects of the criminalization of these crimes.
Authors and Affiliations
В. В. Топчій
Keywords
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