Peculiarities of Author’s Rights Protection to Original Works of Art: Historical and Legal Aspect

The authors investigate the legal regulation of copyright protection in all possible arts: architecture, sculpture, graphics, design,painting, etc. The authors focus on the emergence of copyright in works in new art genres in the digital age, in particular: 3-D digitalmodels; engraving; engraving; pop-up publications and others. Peculiarities of free use of works and creation of derivative works indifferent kinds of art are determined.Each art form needs its own approach to regulating the author’s rights to the work. Architectural objects include both constructionprojects and drawings, as well as the buildings themselves, garden and park formations.The architectural design and the building are protected separately from each other. Therefore, there is no possibility to protect thearchitect’s rights to permit or prohibit the implementation of the project in the building and preserve the copyright to the architecturalpart of the building value, because in this case the idea (construction project) and building – various forms of works’ expression. However,construction projects are not subject to patent law, can not be patented as an invention, utility model, and do not belong to indust -rial designs. The building as a whole is not the subject of copyright, as copyright protects only the shape of the building, not engineeringsolutions, which in themselves, separately from the building, can be patented as inventions or utility models.Plagiarism of sculptures, especially sculptures of famous people and characters, is difficult to prove. In addition, there is the questionof the need to obtain permission from living famous people to create such sculptures for their commercial use. There is a questionof recognizing or not recognizing the 3-D sculpture as the original object of copyright.Works of fine art can be divided into: architecture, painting, graphics, sculpture, decorative and applied arts, photography anddesign. Works created with the help of a print as a unique type of graphic technique are considered original, as well as film photographs,when each developed photo will be original. Each copy of a book created using the pop-up technique is also considered original.The plots of films are difficult to defend in the context of copyright, because, in fact, they are a concept or idea that is easy tochange. The legislation does not clearly define that such a modification will be considered a derivative of the original work. The legislationdoes not contain clear criteria for defining plagiarism in works of art. Also, the legislation does not regulate co-authorship withmore or less complicity.

AI Caravan Moves On. Does It Need Copyright Incentives?

The Article aims to ascertain whether there is a genuine demand for granting copyright incentives with respect to AI-results.At first, the Article analyses whether AI-assisted and AI-generated objects are subject to copyright protection and, drawing onthe anthropocentric nature of copyright, answers in the negative. This conclusion does not apply when AI remains merely a tool in thehands of a human author.Then the Article evaluates arguments for and against the change of copyright law to provide AI with copyright incentives. Giventhe current level of AI, the Article finds granting copyright incentives and, consequently, protection to AI-assisted and AI-generatedobjects as premature and unjustified, at least now.The Article shifts the discussion on incentives from copyright to sui generis right. Such regime is expected to encourage deve -lopment of the AI industry as well as disincentivize unfair practices.

Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions

In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.

To the question of scientific basis for the concept establishment of social rehabilitation of convicts

It is generally accepted that the precision of terminology is essential for a correct understanding of the concept meaning beingdefined. Considering the problem of a place for the social rehabilitation of convicted and released and other activities connected with it,firstly, it is necessary to determine what is being understood by this concept and to indicate the goals and objectives for its realization.Only this way it can be ascertained whether it is true and correctly stated (interpretated). It is generally accepted that the precision ofterminology is essential for a correct understanding of the concept meaning. The purpose of this article was to analyse the existing scientificpositions in various branches of knowledge on the constituent elements of social rehabilitation concept of convicted persons,based on the principles of truth and correctness.The problem of state policy realization for the rehabilitation of convicted persons is one of the key issues from the point of viewof preventing the crime recurrence and has, therefore, been studied by various scholars. At the same time, as further explained in thestudy, a detailed analysis of the basic understanding of the legal category “rehabilitation of convicted persons” was not carried out, whatled to a certain degree of scientific interest. That is what this article does.The analysis of the sectoral and penal enforcement legislation does not give an idea of the substantive grounds that the conceptof social rehabilitation must correspond to. Rehabilitation services for convicts are considered in the context of the abstract category ofsocial care. Through the review of the Law of Ukraine “On Social Services” a gradual departure of the legislator from the assignmentof this category is seen. The medical aspect of understanding the category “rehabilitation” brings the author closer to a significantexpansion of understanding of this category.It seems that the broad approach to the understanding of the category should be the basis for further study of the category “rehabilitationof convicts”, except for specifying that it is not unlawful or unjustified action by state institutions, but the restoration of rights,which have been interfered with or restricted in connection with the conviction and serving of the sentence as well as overcoming othernegative consequences of isolation or other measures of penal correction.

The phenomenon of cybercrime in modern criminological theory

The article considers the concepts and signs of cybercrime, the phenomenon of cybercrime through the prism of indicators thatcharacterize it, in particular the level, dynamics, structure. The social conditionality and the current state are determined taking intoaccount various factors that influence the change of quantitative and qualitative indicators. Globalism, a high level of public danger andthe massive consequences of cyber threats are emphasized.It is pointed out that the scale of threats to the information space is not limited to the borders of one country, as modern globalcomputer networks cover the vast majority of countries, which further contributes to a sharp increase in criminal computer professiona lism and high mobility of criminals. Therefore, it is timely to study and analyze the system of rapidly changing high-tech cyberthreats, tactics of interaction in the field of information security, which affects the formation of sustainable development of society, thefunctioning of mechanisms to counter information threats taking into account modern realities.The signs of the phenomenon of cybercrime through the prism of indicators that characterize it are highlighted:– the scale of threats to the information space is not limited to the borders of one state;– changes in the quantitative and qualitative indicators of cybercrime, in particular a sharp increase in criminal computer professionalismand high mobility of criminals;– the level of cybercrime is closely related to the economic level of development of society in different countries and regions;– cyber threats are fast-changing and high-tech;– high level of latency;– the dependence of the geography of distribution on the factor of urbanization;– Cybercrime is a social phenomenon that manifests itself in a set of cybercrimes.It is noted that in order to prevent these crimes it is necessary to conduct further research in social and criminological areas to studythe psychophysiological properties of cybercriminals, improve domestic legislation in the field of state secrets and official information,international cooperation in information security, improve the content of higher education information security professionals states.

Legal mechanisms for the implementation of corporate rights by public law entities

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

Restorative justice as an element of criminal protection of children’s rights

The article covers the issues of criminal law protection of the rights of minors in criminal proceedings, some problems of implementationof the principles of restorative justice for minors. In the context of social naturalism, the use of restorative justice for minorsis considered.The criminal process is the most traumatic for the psyche of children. A lawyer is the only person without whom it is impossibleto conduct criminal proceedings with a child. Unfortunately, all other people may be absent. In some cases, the child’s parents, next ofkin or legal representatives do not appear in court, and the participation of the appointed legal representative remains formal.As a matter of priority, in order to improve the situation regarding the criminal law protection of the rights of minors, it is expedientto start discussing systemic changes in national legislation and relevant work, including social work, which will create a basis forimproving the protection of juvenile rights in criminal proceedings.In conclusion, it should be concluded that only if all participants in criminal proceedings involving a child fully exercise their rightsand properly perform their duties, the tasks of such criminal proceedings will be performed and the child’s rights will be reliably protected.Given the above, it can be reasonably argued that in the current legislation of Ukraine (as of the date of this article) there areproblems of criminal protection of minors in criminal proceedings, problems of implementation of the principles of restorative justicefor minors, including the issue of exemption from criminal liability. Ways to solve problematic issues are analyzed.Some gaps in legislation that restrict or violate the rights of children in criminal proceedings need further settlement, includingin accordance with Council of Europe priorities. Proposals to improve the legislation include the introduction of the concept of “youngpeople” (up to 21 years) and the expansion of the possibility of releasing young people from criminal liability or punishment in case ofcommitting certain serious crimes.

The warning mechanism in the prism of responsibility under Art. 384 of the Criminal code of Ukraine (misleading of court or other authorized authority)

The article presents a warning mechanism aimed at overcoming the provision of perjury. The model of warnings has the form ofa single complex, the elements of which are counteraction to misleading the court or other authority. In the prism of liability under Ar -tic le 384 of the Criminal Code of Ukraine, the warning mechanism is one of the types of special warning of a specific person potentiallycapable of committing an offense. The legislator distinguishes six categories of persons whom he warns of criminal liability for misleadinga court or other authority, namely: witness, victim, expert, translator, appraiser, specialist. The strategy of reducing the crimi -nogenic potential of a person who gives evidence or testimony, conclusion or assessment, or translates should be implemented primarilythrough preventive measures.The addressee of an individual warning, which can be considered as one of the types of special warning, is a specific person (person),potentially capable of committing an offense due to external (materially encouraging circumstances, pressure from the public orparty) and internal factors, personal moral and ethical norms, customs, traditions, beliefs, personal friendship or revenge, indifference,retribution and other motives). Warning encourages the individual to take more seriously, attentively and responsibly to provide anytestimony, information, conclusion, translation; not to be indifferent to investigative or judicial actions, summonses to court, trial.In warning or imperative statements with indicative forms, the will is always expressed in relation to future action, which is clearlyperceived as an order. The strength of the influence of the volitional impulse depends on the person who perceives it. In the processof communication, the forms of the order are addressed to a person who depends on the legislator, respectively, and the nuances of theorder acquire modal values of categoricalness.The specificity of modern law is - imperative (categorical, authoritative). It is the form of imperative that does not allow changesin the previously established requirements to act accordingly. Imperative norms of law: 1) prescribe clearly defined actions; 2) establishan unambiguous exhaustive list and content of the rights and obligations of the subjects; 3) do not involve any deviations.

The contract of the management of apartment building as a legal fact and a binding legal relationship

The article focuses on the important role of the contract as a regulator of relations for the management of an apartment building.It is established that the value of the contract of the management of apartment building as a transaction is that its conclusion by a singlewill of the parties, first, indicates the onset of legal consequences in the form of a simultaneous legal relationship between its parties,and secondly, expresses the focus of joint action of the parties to achieve the desired results and, as a consequence, giving the partiesto the contract mutual rights and obligations in the field of apartment building management.During considering the concept of the contract of the management of apartment building, we should not only proceed from itslegal nature, which reveals the essence of the contract as a legal fact that generates certain legal consequences, but also take into accountits essence as an obligation due to the conclusion of this contract. Accordingly, the specifics of the subject of legal relations from thecontract of management of an apartment building is primarily that one of the parties to the contract is a specialized subject of civil law –an individual-entrepreneur or legal entity-entrepreneur, which under the agreement with co-owners provides proper maintenance andrepair of common property of an apartment building and adjacent territory and proper living conditions and household needs.In the context of the study of the contract of the management of apartment building regarding the object of obligatory legal relationsmediated by it, it is established in view of its legal name that its object is apartment building management services. The subjectof the contract of the management of apartment building is proposed to be understood as a set of legal and factual actions that shouldbe taken to achieve the purpose of the contract. It follows that the subject of the contract under study is the activities of the manager toprovide services for the management of an apartment building (or in general – the management of an apartment building); in this case,the apartment building, including indoor premises and adjacent territory, should be perceived as a material object of the contract understudy and the subject composition.Separately within the limits of the article the basic characteristic features of the contract of management of the apartment houseare allocated, among which: 1) civil-law nature of relations on management of the apartment building; 2) the specificity of the subjectcomposition of the contract; 3) the dual legal and material nature of the object of binding legal relations; 4) a special subject of the stu -died contract.

Unauthorized medical intervention and informed consent in the common law of Canada prior to the Supreme Court’s decision of Reibl v. Hughes (1899–1980)

The given article deals with the Canadian legacy of civil actions on negligence and technical assault or battery involving an unauthorizedmedical interference to plaintiff. In modern doctrine and case-law, the given concept is named “informed consent”, upon whichthe patient is not a mere subject of medical treatment, but has a substantial set of patient rights, involving the informational ones, whichincludes his right to be informed on further invasive treatment and thus to be able to assent or decline it. The doctrine of informed consent,arising from actions on unauthorized medical treatment in both common law and civil law jurisdictions, has a centuryfold historyin the jurisprudence. In the common-law world, it was bred in the end of the 19th century primarily in the jurisprudence of Americancourts, but still has its distinct peculiarities in the common law of Canada throughout the twentieth century. The span on the researchedjurisprudence embraces the time period of 1899 (judgment of Parnell, which was the first case to deal with the subject) to 1980 (caseof Reibl v. Hughes), where the Canadian Supreme Court has firmly recognized the principle of informed consent in the acting commonlaw. In the 1990s, the principles of informed consent had been codified. The author has investigated on the evolvement of the conceptof patient’s right to autonomy in the state from the very beginning to the judgment of Reibl v. Hughes in 1980, and has researched theroots of the “right to autonomy” as an extension of the right to privacy, which has penumbrally existed in Canadian jurisprudence forover a century, despite having been recognized as such relatively recently, despite an existence of various early case-law legacy. Apartfrom the abovesaid, the author aimed to define the authorities used by Canadian courts in the earlier cases dealing with unconsentedsurgery, which involves judgments from other jurisdictions as well as professional legal and medical textbooks.