Lutskyi R., Kosmii M., Kasiyanchuk V., Tabachyn V. Comparative legal analysis of intellectual property through the prism of its constitutional consolidation

DOI: 10.33098/2078-6670.2023.15.27.2.119-128

Purpose. The purpose of the article is to carry out a legal analysis of national and foreign legislation with a further depiction of the need to regulate intellectual property by the norms of both private and public law, in particular constitutional. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Results. As a result of the conducted research, it was established that the humanistic function of freedom of creativity consists in the development and self-realization of the individual, the humanization of society and the preservation of the national identity of peoples, the affirmation of their value. A creative person is among people, and for the sake of public interest and respect for them, he has no right to create works of art that are immoral, destructive or anti-moral in nature.  Scientific novelty. For the first time, the systematization and generalization of the comparative-legal constitutional consolidation of the concept of «intellectual property» was carried out.  Practical significance. Understanding the concept of intellectual property as an institution of civil law is not something frozen, defined. What is considered fair today, that is, determined by this institution, may be rejected tomorrow. In the norms of civil legislation, the implementation of this concept must «keep up with the times» and correspond to the constitutional realities of life. Of course, a big step forward has been made in resolving the contradictions that have arisen. In addition, research results can be used in law-making and human rights protection activities regarding the implementation of current legislation during wartime.

Key words: theory of law, Constitution, intellectual property, economic turnover, positive law, entrepreneurship.

References

1. Morgunova, O., Mozolin, V. (2009). Avtorske pravo [Copyright: study guide]. Retrieved from: http://www.library.ugatu.ac.ru/pdf/teach/morgunova.pdf (access date: 05/25/2020). (in Ukrainian)

2. Constitution of Ukraine No. 254k/96-VR (1996, June 28). Database «Legislation of Ukraine». Retrieved from: https://zakon.rada.gov.ua/laws/show/254к/96-вр (date of application: 05/25/2020). (in Ukrainian)

3. Constitution of the Hellenic Republic (1975, June 11). Database of the Parliament of Greece. Retrieved from: https://www.hellenicparliament.gr/Vouli-ton-Ellinon/To-Рolitevma/Syntagma/ (access date: 25.05.2020). (in Ukrainian)

4. Constitution of Japan (1947, May 3). Database of the National Archives of Japan. Retrieved from: http://www.archives.go.jp/exhibition/digital/saiken/shousai/4.html (access date: 05/25/2020). (in Ukrainian)

5. Constitution of Spain dated December 27, 1978. Database of the Congress of Deputies. Retrieved from: https://app.congreso.es/consti/constitucion/indice/titulos/articulos.jsp?ini=30&fin=38&tipo=2 (access date: 05/25/2020). (in Ukrainian)

6. Constitution of the Italian Republic (1948, January 1). Database of the Senate of Italy. Retrieved from: http:/www.costituzionerepubblicaitaliana.jimdo.com/ (access date: 25.05.2020). (in Ukrainian)

7. The Basic Law of the Federal Republic of Germany (1949, May 8). Database of the Bundestag of the Federal Republic of Germany. Retrieved from: https://www.bundestag.de/parlament/aufgaben/rechtsgrundlagen/grundgesetz/gg_01-245122 (access date: 25/05/2020). (in Ukrainian)

8. Political Constitution of the United Mexican States (1917, February 5). Database of the General Congress. Retrieved from: http://www.ordenjuridico.gob.mx/constitucion.pdf (access date: 25.05.2020). (in Ukrainian)

9. Civil Code of Ukraine No. 435-IV (2003, January 16). Database «Legislation of  Ukraine». Retrieved from: https://zakon.rada.gov.ua/laws/show/435-15 (date of application: 05/25/2020). (in Ukrainian)