scholarly journals State national security policy and intellectual property issues

2021 ◽  
pp. 19-33
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
State Policy ◽  
Security Policy ◽  
The State ◽  
Destabilizing Factors ◽  
Definition Of ◽  
Political Economic ◽  
The Impact ◽  
Further Development

Keywords: state policy, national security, intellectual property National security (“NS”) of Ukraine is achieved through a balancedstate policy in accordance with accepted doctrines, strategies, concepts and programsin such areas as political, economic, social, military, environmental, scientific andtechnological, information, etc.However, many theoretical and practical issues concerning the definition of thecontent, challenges, tasks and mechanisms of implementation of effective functions ofpublic policy and management decisions for the further development of social processesstill remain insufficiently studied. Therefore, the main tasks of the NS system subjectsare constant monitoring of the impact on NS of processes taking place in variousfields (including intellectual property), forecasting, identifying and assessing possiblethreats, destabilizing factors and conflicts, their causes and occurrence consequences.In particular, the impact on NS (especially on defence capabilities) of the significantdevelopment of intellectual property and the full use of intellectual property rights isnot taken into account at all.State NS policy should include measures to prevent the emergence and neutralizationof sources of threats to NS under the influence of the development of intellectualproperty.Theoretical aspects of the state policy of National Security and Defence of Ukraine(“NSDU”) development are considered. The necessity of current problems definition inthis sphere and the inclusion of intellectual property questions in these processes isinvestigated. It is determined that the effective implementation of the state NS policyis impossible without a comprehensive analysis of intellectual property issues impacton the sphere of the NSDU. The importance of further research on the development ofa unified approach to improving the protection of intellectual property and its determinationas a component of NSDU, the development of appropriate recommendationsto address issues of intellectual property in this area and to neutralize sources ofthreats under the influence of intellectual property in the structure of NSDU.

scholarly journals STATE INTELLECTUAL PROPERTY MANAGEMENT IN THE SPHERE OF NATIONAL SECURITY AND DEFENCE

2020 ◽  
Author(s):  
Олександр Зайківський ◽  
Олександр Оністрат
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
National Security ◽  
Intellectual Property Rights ◽  
State Policy ◽  
The State ◽  
Intellectual Property Right ◽  
Property Management ◽  
Intellectual Property Management ◽  
Intellectual Potential

The state policy on the management of objects of intellectual property right in the sphere of national security and defense is considered.Under the current conditions, national security is unconceivable without solving the problematic issues of intellectual property management and creating the necessary preconditions for the development of intellectual potential and its use for national security.At present, the concept of national security is being expanded to include more and more spheres of public life. New security settings related to the scientific and technological revolution have started to play an important role.Nowadays, issues of the formation of an effective state policy for ensuring national security in all its spheres and manifestations are of great importance. An important component of the mechanism for the formation and implementation of state policy in the field of national security should be the provision of intellectual property management.However, national security legislation does not provide for the development of a strategy or other programmatic document on scientific and technical security, which would envisage measures to ensure the protection of the scientific and intellectual potential of the state, competitive technologies available in the country.The question at issue is the fact that the state has not yet developed a national strategy for the protection of intellectual property, which would provide the protection of interests and rights of all subjects of intellectual property rights, and especially the state. Although the attempts to develop such a strategy were carried out repeatedly. The state system of intellectual property protection and the effectiveness of providingnational interests with its structural elements, in particular in the field of national security and defense, are investigated. Current problems in this area are explored and suggestions are made to resolve them.There exists a necessity for creation of the central executive authority, the main task of which should be the formation and implementation of the state policy on the protection and management of intellectual property, as well as the state body, which, on behalf of the state and in its interests, will execute the ownership rights of the objects of intellectual property rights that are in state property.

scholarly journals Transformation of the concept of state security

Legal Ukraine ◽  
2020 ◽  
pp. 12-23
Author(s):  
Serhii Hordiienko
Keyword(s):  
National Security ◽  
Political Power ◽  
Negative Impact ◽  
The State ◽  
State Security ◽  
Political Sovereignty ◽  
Qualitative State ◽  
Definition Of ◽  
The Individual ◽  
Political Economic

The paper considers the genesis of the theory of the concept of state security in Ukraine, its legal dimension, the definition of a set of state bodies, each of which has its own competence. Based on the fact that the most acceptable definition of the state is its definition as an organization of political power, it is noted that the security of the state as a system of political power in Ukraine depends on its political, economic, scientific and scientific-technological components. The author notes that the term «state security» is defined as a qualitatively defined by law state of functioning of the state as a political institution of power, which is achieved by predicting, preventing, detecting and minimizing the negative impact of existing and likely threats to the main features of the state, sovereignty, monetary and tax systems) and allows the state to effectively implement its social purpose to ensure the further development of the individual (citizen), society and the state. Thus, the hypothesis that the security of the state as an apparatus of power and management is provided by a large number of its bodies, each of which has its own competence, finds its preliminary confirmation. In the future, the author substantiates this in more detail on the example of other theoretical developments and existing legislation. Key words: national security, components of national security, threats to national security of Ukraine, qualitative state of state security, rules of definitions, state security and state security, security of state-political, constitutionally legitimized political system of state, security of state formation and constructive policy, political sovereignty, territorial integrity of Ukraine and inviolability of its borders, security of institutions of state power, security of national-state interests in the sphere of economy.

scholarly journals CHANGING PRIORITIES OF MIGRATION POLICY OF THE STATE CONSIDERING NATIONAL ECONOMIC SECURITY

2021 ◽  
Vol 2021 (2) ◽  
Author(s):  
T. Zatonatska ◽  
O. Anisimova ◽  
D. Zatonatskiy
Keyword(s):  
National Security ◽  
State Policy ◽  
International Crime ◽  
Migration Policy ◽  
Economic Security ◽  
The State ◽  
Security Requirements ◽  
Illegal Migration ◽  
Main Components ◽  
The Impact

With the development of globalization processes and sufficient free movement of labor, and skilled personnel, the problem of legal and illegal migration has gradually become part of public policy for many countries. The aim of the article is to determine the priorities of the state migration policy for legal, illegal migrants and refugees and to form recommendations for the development of clear and transparent rules of the state migration policy taking into account the international legal field and in the context of economic security. An analysis of the main trends in the migration processes was conducted and it was found that over the past 30 years there has been a rapid increase in the number of international migrants and refugees, which puts pressure on the economies of host countries. It has been proven that migration affects the main components of national security, and the impact on the country's economic security is particularly pronounced. As a result, national security requirements must be taken into account when formulating state migration policy. The main components of the state migration policy were identified, the analysis of the main theories and approaches to the migration policy in relation to legal migration was carried out. The main problems of the state policy on illegal migration and refugees have been identified. The state migration policy is analyzed on the example of the EU countries and their overcoming of the migration crisis and the refugee crisis. The state determines the main priorities of migration policy based on national and economic security requirements. There are two main aspects of state migration policy: targeted attraction of immigrants and policy on illegal migration and refugees. There are three main approaches to attracting immigrants - encouraging all types of immigration, creating maximum barriers to immigration, and encouraging specific target groups of immigrants. With regard to illegal immigration, the state can take a tough stance or allow it to replenish the workforce. State policy on refugees is determined by the norms of international law. It has been argued that national migration policies need to be adapted to the current world economy, and that the main priorities include transparency, long-term forecasting of labor market needs, clear criteria for migrant admission and combating illegal migration, which is part of international crime.

scholarly journals Legal differentiation in the case of domestic legislative default in the field of intellectual property for medicines

2020 ◽  
pp. 311-318
Author(s):  
Iuliia Vishar
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Legal Regulation ◽  
Pharmaceutical Products ◽  
The State ◽  
Regulatory Framework ◽  
Pharmaceutical Market ◽  
Unfair Competition ◽  
Definition Of ◽  
The Impact

Within the framework of this article, it is pointed out the importance of legal order in the created domestic regulatory and legalframework of intellectual property for medicines on the basis of international legislation, implemented by approximating national le -gislation to the norms of the European Community law in this area. The disadvantages of the standard approaches of Ukrainian lawmakingin the intellectual pharmaceutical industry to the transformation of legal experience in the pharmaceutical industry of the EuropeanCommunity, which give rise to the domestic legislative default, are presented.Impartially considered the impact of the lack of clarity of the current legislation on intellectual property in pharmaceuticals onthe formation of legally defective, with protective and protective helplessness, intellectual property objects for medicines, which are amanifestation of the legal incompetence of national legislators.The negligent attitude of domestic legislators to the uncertainty in the content of the above changes to the laws that have a directimpact on the definition of the concepts of intellectual property objects for medicines, forms a deformed regulatory and legal basis forpatenting in this area – the ground for possible violations in the form of patent trolling, counterfeit pharmaceutical products, corruptionschemes in medicine, unfair competition, falsification of drugs, and the like, where, first of all, the safety, quality and effectiveness ofdrugs are leveled.The importance of legal differentiation and the need for legal sorting, the renewal of the national legal system to consolidate thesystem of legal regulation of the intellectual pharmaceutical industry by increasing the transparency of the pharmaceutical market andthe responsibility of its participants are noted.Indicated on the negligent attitude of domestic lawmakers to the uncertain classification of inventions in pharmaceuticals, which,like the above definitions of the concepts of intellectual property for medicines, forms a deformed regulatory framework for patentingin this area – the basis for possible offenses in the form of patent trolling, counterfeit pharmaceutical products, corruption schemes inmedicine, unfair competition, falsification of drugs, etc., where, first of all First, the level of safety is leveled, as are the spines andeffectiveness of drugs. At the same time, it should be noted that the lack of results of proper judicial practice in the field of intellectualproperty for medicinal products is an indicator of non-functioning legislative mechanisms for the transformation of the European legalsystem into a national regulatory framework. The importance and necessity of restoring ecological pharmacies to consolidate the system of legal regulation of the intellectualpharmaceutical industry by increasing the transparency of the pharmaceutical market and the responsibility of its participants is indicated.In our opinion, the legislation in this priority for the state strategy area should be reviewed to eliminate recurrences and contradictionsbased on the implemented system of monitoring, competent legal analytics and control of compliance of Ukrainian legislationwith EU legislation. In turn, a well-functioning, fully documented pharmaceutical quality system must be developed that should includeGood Manufacturing Practices (GMPs) with quality control and risk management for quality at the stage of intelligent product creation.Thus, the underestimated pharmacy business, where extracorporeal medicines created in the conditions of individual production(manufacturing) with ensuring compliance with their purpose, the requirements of regulatory (analytical, technical, technological) do -cu ments, the State Pharmacopeia of Ukraine, and exclusion of risks for patients, may unreasonably have features patentability, basedon international experience, as a manifestation of relevant medicine.

scholarly journals МЕХАНІЗМИ ІНТЕЛЕКТУАЛЬНОГО ЗАБЕЗПЕЧЕННЯ ПОЛІТИКИ НАЦІОНАЛЬНОЇ БЕЗПЕКИ УКРАЇНИ: ЗМІСТ ТА СТРУКТУРА

2020 ◽  
pp. 26-31
Author(s):  
Марутян Р. Р.
Keyword(s):  
National Security ◽  
State Policy ◽  
Security Policy ◽  
The State ◽  
State Control ◽  
National Security Policy ◽  
Public Control ◽  
The Public ◽  
State And Society ◽  
Functional Mechanisms

The article examines the nature and components of the mechanisms of intellectual support of the national security policy of Ukraine, which includes the ideological and value, normative and legal, institutional, organizational and functional mechanisms; it is proved that disclosure of the content of these mechanisms in the conditions of hybrid warfare allows to formulate the priorities of the state policy on the development of intellectual resources of the national security sphere; The subjects of the system of control over the national security policy are analyzed, among which are the state control, the control of the executive authorities and the public control. All types of this contra are carried out using the intellectual resources of the state and society through the activities of subjects of intellectual security of national security of Ukraine.

scholarly journals STRATEGIC CULTURE AS A NATIONAL SECURITY POLICY DETERMINANT: UKRAINE’S STRATEGIC CULTURE KEY CHARACTERISICS

2020 ◽  
pp. 14-20
Author(s):  
Alina Hrytsenko
Keyword(s):  
National Identity ◽  
National Security ◽  
Security Policy ◽  
Political Elite ◽  
Strategic Culture ◽  
Key Factors ◽  
National Security Policy ◽  
Definition Of ◽  
Culture Development ◽  
Further Development

The аrticle аddresses the essentiаl meаning of the strаtegic culture аs а phenomenon аnd its importаnce for nаtionаl security policy-mаking. Аcаdemic literаture аnаlysis hаs аllowed to offer аuthor’s definition of multidimensionаl “strаtegic culture” term аnd to give аn outline of key factors to influence the nаtionаl strаtegic culture development. Strategic culture thus is viewed as a nucleus of strategic thinking underlying the state strategic planning which enables integral national security policy-making. The аrticle provides with аn аttempt to elucidаte the key chаrаcteristics of Ukrаine’s strаtegic culture, considering phylogenetic development of the Ukrаiniаn mindset in view of the key territorial and geographic, historical, civilizational factors that influenced the evolution of the Ukrainian national identity and statehood. Apart from that, the article also highlights the chаllenges аnd hindrаnces for further development of Ukrаiniаn strаtegic culture. The emphasis is placed on the fact that the lack of monolithic strategic culture is one of the main reasons for unbalanced foreign policy of Ukraine, which in its turn poses a serious threat for state’s national security. Special attention is paid to the analysis of the political elite’s role, as a national strategic culture carrier, in the processes of strategic culture forming and developing. The key features of the Ukrainian elite and their influence on political and strategic culture of Ukraine are defined. Revolution of Dignity and Russian Federation’s armed aggression against Ukraine are identified as catalysts of the integral strategic culture of Ukraine formation inasmuch as these events enhanced the processes of reformatting the national identity and renewing the system of values. The outcomes of the research focuses attention on the need of developing by the Ukrainian political elite the strategy of Ukraine’s strategic culture development in order to form a balanced and consistent national security policy.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

National security: health care, pandemic (COVID-19) and the global trade in counterfeit pharmaceuticals (part 2)

2021 ◽  
pp. 52-62
Author(s):  
H. O. Androshchuk
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
Poverty Line ◽  
Third Wave ◽  
Legal Analysis ◽  
Management Measures ◽  
Timely Response ◽  
Counterfeit Pharmaceuticals ◽  
The Impact ◽  
The Eu

Ukraine’s healthcare system faces unprecedented national security challenges in the third wave of the COVID-19 pandemic. A particularly acute issue is countering counterfeit pharmaceuticals, preventing drug shortages, joining efforts of the authorities and national manufacturers of drugs and medical supplies. According to the UN, more than 60 % of the population lives below the poverty line in Ukraine. Timely response to these challenges and taking preventive measures will save lives, minimize the volume and consequences of the pandemic. The paper provides an economic and legal analysis, trends, risks and threats to national security of the state and health protection during a pandemic, in order to protect intellectual property rights, adequate coordination of actions at the national and international levels. The impact of counterfeiting on the criminal landscape in the EU, and also business and economy, is shown based on the analysis of studies by the OECD, the EU Intellectual Property Office (EUIPO) and Europol. The foundations of anti-counterfeiting management, measures to implement a standard anti-counterfeiting strategy are proposed.

IMPROVEMENT OF MECHANISMS OF PUBLIC POLICY IMPLEMENTATION IN THE SOCIO-HUMANITARIAN SPHERE

2018 ◽  
Author(s):  
Andrii Moisiiakha ◽  
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Public Administration ◽  
State Policy ◽  
The State ◽  
Practical Implementation ◽  
Humanitarian Mission ◽  
Legal Nature ◽  
Public Policy Implementation ◽  
Definition Of

The article is devoted to the problems of finding ways to improve the mechanisms of implementation of state policy in the socio-humanitarian sphere. The purpose of this article is to identify areas for improvement of mechanisms for implementing public policy in the socio-humanitarian sphere, taking into account the needs of their unification within a single approach to the organization of social processes in the analyzed area. Achieving this goal has provided solutions to more practical problems: the development of goals, objectives, areas of state policy in the socio-humanitarian sphere, as well as organizational and legal support for its implementation. All this together will allow to introduce quite detailed algorithms and tools for managing the socio-humanitarian development of Ukraine and to quickly and effectively overcome the negative risks that arise in it. The content, essence and state-legal nature of mechanisms of public administration, as a set of ways and tools of practical realization of state policy are revealed. The analysis of modern approaches to understanding the essence of mechanisms of public administration is carried out. The author's definition of the mechanism of public administration in the socio-humanitarian sphere is offered. The content and essence of state policy in the socio-humanitarian sphere are revealed. The conclusion concerning the basic determinants and features of its development is made. Approaches to the formation of mechanisms for the implementation of state policy in the socio-humanitarian sphere are generalized. The need to further unify approaches to the implementation of such public policy in different sectors of the socio-humanitarian sphere has been proved. The main directions of improvement of mechanisms of its realization are allocated. The mechanism of state policy implementation in the socio-humanitarian sphere is defined as a set of nonlinear sets of tools and methods of state influence, which is implemented through appropriate management decisions (a set of measures as components of state policy) to develop the rights and interests of citizens and practical implementation. guarantees of the state in the fields of education, health care, social security, as well as others covered by the humanitarian mission of the state and able to influence the formation of productive forces, human, intellectual and social capital in society.

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