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M. Pototskyy

Gnosiology of intellectual property rights: economic and legal aspects

P. 3-9

Analyzes the main theoretical con­structs of intellectual property law for effective economic use of intellectual property. Established the need for joint efforts of scientists of civil and eco­nomic rights for the joint development of the paradigm of the legal regulation of relations in the sphere of intellectual property, which would facilitate the free growth of these rights in business.

I. Yakubivski

Legal nature of author’s right to get a payment (reward)

P. 10-16

In the article was discovered a ju­ridical nature of author’s right to get a payment (reward) for the use of cre­ation. It was noted to the juridical causes of genesis of this right and its relative character. Here was made a conclusion that the right for payment (reward) is not a kind of intellectual property rights and has obligatory na­ture.

O. Ivanyuchenko

Comparative analysis of patent law of the USA, Germany, Russia and Ukraine in a view of inventions connect­ed with computer program (algorithm)

P. 17-25

This article is investigated possible criteria of differentiation between algo­rithm, the computer program and clas­sical objects of a patent law of the USA in comparison with a patent law of Ger­many, Russia and Ukraine.

G. Androschuk

Legal protection of trade secrets in the countries of the European Union

P. 26-36

We considered the general principles for the regulation of trade secrets in the EU: general provisions, the list of proprietary information, unfair compe­tition, criminal and legal protection of know-how, the responsibility for disclo­sure of confidential information, trade secrets as intellectual property, rela­tions with employees, remedies, cus­toms procedures, court proceedings.

L. Rabotyagova

The definition of information con­stituting confidential information of a business entity

P. 37-44

The article examines the relationship between the concepts of confidential in­formation, trade secrets and know-how and the approaches used to create lists of data constituting confidential infor­mation of a business entity.

V. Batova

The utility model licensing agree­ment

P. 45-50

The article analyses the legal aspects of conclusion of utility model licensing agreements and studies the specific na­ture of such agreements.

K. Moskalenko

Minors entertainers and signing contracts with them in the sphere of music show business: legal regulation and the ways of its improvement

P. 51-56

The problems of legal status of mi­nors entertainers and signing contracts with them in the sphere of music show business are analyzed in the article.

T. Kovalenko

What to do if you became a victim of counterfeit

P. 57-61

The author considers possible ways, means and methods connected with a struggle against counterfeited and forged products.

V. Shevchuk

Theoretical and legal basis of inves­tigation of administrative and legal regulation of financial support and lo­gistics of the STS of Ukraine

P. 62-66

The article deals with the concept and essence of legal regulation as part of the administrative and legal regula­tion of financial support and logistics of the STS of Ukraine.

B. Skyrta

Ways to improve the legal regula­tion of state financial control in public procurement in Ukraine based on the French experience

P. 67-74

This article research a ways to im­prove the system of legal regulation of state financial control in public pro­curement in Ukraine through the im­plementation of the best ideas and the experience of the Republic of France. The analysis of the system of legal reg­ulation of the Republic of France in this field, the legal status of the con­trolling entity, focusing on the basic principles and mechanisms of their ac­tions and practices of interaction. Sug­gest ways to improve and develop the system of legal regulation of state fi­nancial control in public procurement in Ukraine.

S. Mostovenko

Types of the security-related opera­tions and their value as an object of taxation

P. 75-82

In the article the types of operations are investigated security-related, their classification over is brought. Through

understanding of operations security- related as an object of civil appeal opens up their value for the aims of taxation, when the profits of physical persons come forward as an object of taxation.

L. Chupryna

Legal description of the subject as the budget institution financial law

P. 83-90

It is proved that there is a special budgetary institution subject to the budget law and binding on member fi­nancial relationships at the stage of budget execution.

L. Cherpitska

Co-operation of the State Financial Inspection of Ukraine and administra­tive courts is in the process of decision of spores in the field of public financial activity

P. 91-97

In the article the competence of the SFI of Ukraine and her organs is analy­ses in the field of realization of finan­cial control, including in part of ad­dress to the court. The sphere of public financial activity is examined from po­sitions of decision of spores in the process of realization of the adminis­trative rule-making.

O. Bogachova

Certain aspects of the institution for draft laws examination

P. 98-103

The article analyzes some theoretical issues of the draft laws examination as a component of the lawmaking. An au­thor’s vision with respect to the defini­tion of the legislative expertise as a multi-faceted and complex phenomenon has been presented. Author also pro­vides the definitions of the different types of such examination.

I. Kushnir

Activities in the field of housing fa­cilities in the financial regulation

P. 104-110

This article analyses the scope of housing as object financial regulation. We consider the theory of law and fi­nance theory in their approach to the definition of the object relationships. Field housing is seen as a legal subject, including financial and legal regula­tion.

R. Katsavets

Replica of speech for the defense

P. 111-114

Replica — it is an objection to a question, or a part thereof. Since repli­cas can serve not only the prosecutor and defense counsel, but also a civil plaintiff and civil defendant, their rep­resentatives, the defendant.

Replica, as the court it can not be limited by time. On this chair does not have the right to set the time to cast a replica, but he has the right to stop the party’s judicial process and to propose to say much if he is outside.

Replicas do not have the parts. Their content depends entirely on the issues that were revealed in his speech, the defender or a prosecutor in the replica.

During the debate should not go be­yond correctness, to use methods that are prohibited on moral grounds.

Y. Tsyukalo

The autonomy of will and limitation of freedom of agreement on the Ukrainian legislation

P. 115-121

The features of principle of autono­my of will of subjects of civil legal rela­tionships are researched in the article. The limits of freedom of agreement are illuminated. The necessity of making amendments for the Civil code of Ukraine is grounded.

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№ 5 (67), 2012
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