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.

On the question of the functions and tasks of legal custom

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

Know-how agreements in Hungarian law

The protection of know-how is most effectively ensured today by the agreement concluded between thetransferor and the recipient of the know-how. The parties settle and regulate the rights and obligations related to thetransfer of know-how in the agreement, thus enabling the confidentiality of the know-how to be preserved.

Administrative and legal characteristics of the primary historical stages of origin, formation and deve - lopment of medical care

This article is devoted to the doctrinal study of the genesis of the origin, formation and development of health care, resulting ina study of traditions, customs that have been passed down from generation to generation.The periodization of the history of medicine in Ukraine is formed, which is expediently presented in the form of its systematizationand to formulate its stages, namely: the initial stage (600 million years ago to the XII-VI millennium BC); stage of Kievan Rus(IX century to XIII century); Polish-Lithuanian stage (including Cossack statehood) (XIV to the first half of the XVII cen tury); Theimperial stage (includes the reigns of Peter I, Catherine II and Nicholas II) (XVIII – to the XIX century), the Soviet stage (XX century),the stage of Ukrainian independence (second half of the XX century), the stage of Modern Ukraine (early XXI cen tury – to this day).Also, it was concluded that the main features of the “Initial stage” of the formation and development of medical care are:1) begins to be used in the provision of medical care herbal medicines; 2) there is a use of drugs that determine the mechanism of actionon the human body, namely: narcotic effects, stimulant effects, tonic effects, etc.; 3) the use of magic in the provision of medical care,which arose as a result of empirical research. Accordingly, the main features of the “stage of Kievan Rus” formation and developmentof medical care are: 1) the development of pagan treatment; 2) active development and implementation of the monastic direction oftreatment; 3) the use of folk medicine in the treatment of patients; 4) dissemination of knowledge and practical skills by monks of theKiev-Pechersk Lavra to neighboring lands; 5) the introduction of monastic hospitals, where monks were so humane to the sick to thepoint of self-sacrifice; 6) monasteries became centers of culture and education; 7) there was a separation of such areas of medical careas surgical, orthopedic and therapeutic, etc.

Nature financial and legal regulation of medical service of National Police employees

Health is the greatest social and individual value, a priority criterion of socio-economic development of the country, and alsolargely determines the state of social well-being of citizens. The creation of departmental medicine in the system of the Ministry ofInternal Affairs was due to the need to perform a number of special tasks, including: medical and psychophysiological examination,medical support of operational and service activities of employees of the Ministry of Internal Affairs of Ukraine. It should also be notedthat medical relations exist not only in the sphere of activity of health care institutions subordinated to the Ministry of Health ofUkraine, but also departmental ones, in particular those within the sphere of management of the Ministry of Internal Affairs of Ukraine.Such facilities provide medical services to the appropriate categories of persons who have the right to be served in them, including thepolice. The activities of bodies and units of the National Police to generate their own revenues are not only a socially oriented way toattract additional financial resources to ensure the effective implementation of these units of state functions, but also solves a numberof current issues of social protection of police: the state must create conditions providing police. At the present stage of state formation,according to the current legislation, there is a network of departmental health care facilities, which are maintained at the expense ofbudget funds. Such a network includes, along with clinics and hospitals, and health facilities (boarding houses, medical rehabilitationcenters, recreation centers, etc.), cultural and sports organizations. In this context, the social protection of police officers should be consideredin a broad sense, including a number of important components that are directly related to the provision of money. The issue ofthe widespread perception of social protection includes health care, as the provision of the latter undoubtedly allows to obtain a pronouncedsocial effect. Medical support of police officers has a clear social orientation, this is what the functioning of departmentalmedi cine of the Ministry of Internal Affairs of Ukraine is aimed at.

Limits of permissible intervention in biomedical studies of somatic human rights

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

Change and termination of the agreement in case of force major circumstances due to the pandemic

Force majeure can cause a significant change in circumstances, which is the basis for termination or change of the contract, and,ultimately, leads to the termination of the obligation (its termination) or the preservation of the obligation in a modified form. Legalregulation of the legal consequences of a significant change in the circumstances that exist at the conclusion of the contract is usuallybased on one of two key principles of contract law: the principle, according to which contracts must be performed (pacta sunt servanda), or clause (clausula rebus sic stantibus). The legislation of foreign countries contains rules, according to which “a change of circumstancesmay justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results,incompatible with justice”. The main consequences of a significant change in the circumstances that guided the parties in concludingthe contract are:– actually change the contract, ie change the terms of the contract (and as a consequence – the obligations between the parties)while maintaining the contract in force;– and termination of the contract by agreement of the parties.If the parties do not agree to bring the contract in line with the circumstances that have changed significantly, or to terminate it,the contract may be terminated on the grounds, established by the Central Committee of Ukraine, amended by a court decision at therequest of the interested party: at the conclusion of the contract the parties proceeded from the fact that such a change of circumstanceswill not occur; the change of circumstances is due to reasons, which the interested party could not eliminate after their occurrence withall the care and diligence, required of it.Today, in our country, as in many countries around the world, there is a situation that makes it impossible to fulfill the contractualobligations related to the introduction of national quarantine in connection with the pandemic of coronavirus (COVID-19). The governmentof our state has also resorted to resolving the situation with the introduction of quarantine on the territory of Ukraine.

Historical and legal principles of formation of the system of legal regulation of document flow in Ukraine

The article emphasizes that information is of extraordinary value. It is stated that actions related to the circulation of informationrequire its material consolidation, and the document is considered as material consolidation of information. It is noted that the informationfixed on the material carrier becomes an information product, and the relations arising concerning creation, transfer (movement),storage, destruction of documents, ie relations within document circulation demand their legal regulation.The article presents the most important for science achievements of scientists who studied the document flow and analyzed thehistorical and legal aspects of its formation in Ukraine. It is noted that nowadays scientists pay little attention to the study of the docu -ment as a separate category, do not analyze existing definitions, do not pay attention to the characteristics of the document. It is establishedthat the issue of historical and legal bases of formation of the system of legal regulation of document circulation in Ukraine isconsidered fragmentarily and superficially. Arguments are made in favor of the fact that the document is a material carrier of information,an object created by man in a certain period of time; object of study of various scientific disciplines, the concept of “document”is ambiguous and depends on in what field and for what it is used; it is emphasized that office work plays an important role in the legalsphere.It is proved that today it is extremely important to improve the document management system. It is noted that the issues of creatingand working with personnel documents are partially regulated by labor legislation, financial and economic – the Commercial Codeof Ukraine, documents of the private legal sphere – the Civil Code of Ukraine, documents containing information about the crime – theCriminal Code of Ukraine, accounting documents – in laws Of Ukraine on accounting, documentation of citizens ‘appeals and organizationof work with these documents are detailed in the Law of Ukraine “On Citizens’ Appeals”. The procedure for working with confidentialdocuments that constitute a state secret is considered in the Law of Ukraine “On State Secrets”, the features of working withelectronic documents are disclosed in the laws of Ukraine “On electronic documents and electronic document management”, “On electronictrust services”, etc; emphasizes the need to develop domestic counterparts of international standards for working with documents;it is proposed to adopt special regulatory and administrative documentation that would regulate the implementation of managementactivities.

The mechanism of administrative and legal support of human cybersecurity: concept and basic elements

This research presents the result of the mechanism theoretical modeling of administrative and legal support of human cybersecurity.Author attempt to determine the concept and basic elements of human cybersecurity administrative and legal support.Such a definition of the mechanism of administrative and legal support of cyber security as a unity of a complex system of legal,organizational, ideological, technical and other measures of influence carried out by authorized subjects of public administration onpublic relations arising during the use of cyberspace, in order to streamline them, as well as to ensure the protection and defense of vitalhuman interests, rights and freedoms is proposed.Such elements as regulatory principles (principles of law, rule of law); object of administrative and legal support of human cybersecurity(legal relationships, their types, structure and features of realization); subjects of administrative and legal support of humancyber security; instrumentality of administrative and legal support of human cyber have been highlighted.The author outlines possible directions for improving the national mechanism of administrative and legal support of human cybersecurity.The mechanism of administrative and legal support of cyber security is characterized by dynamism due to the specifics of thelegal regulation subject. Therefore, it should take into account the peculiarities of society, science and technology, in order to be effectiveand able to protect important human interests, rights and freedoms in cyberspace.The problem of implementing methods to encourage and stimulate the sphere of human cybersecurity requires special attention.In order to improve the mechanism of administrative and legal support of human cyber security, rules should be added to the le -gis lation of Ukraine, which would contain the procedure for the use of moral and material incentives to ensure the functioning and useof cyberspace.Public administration efforts should also be aimed at stimulating cybersecurity, which will help build the capacity of this sphere.They can use methods such as opening grant programs; providing additional funding to private subjects. It would also be appropriateto apply certain benefits or to determine the procedure for full or partial compensation of educational services for persons who haveundergone appropriate training in order to increase the level of knowledge in the sphere of cybersecurity, etc.