乌克兰在知识产权领域实施公共行政行政和法律方法的前景

A. Khridochkin
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引用次数: 0

摘要

文章从理论上分析了乌克兰知识产权领域公共管理行政和法律方法实施的前景。对知识产权领域的公共行政进行了界定,提出了知识产权领域公共行政的定义,以理解受规范性法律行为规范的公共行政主体通过行政决策和立法等方式实施规范知识产权领域的法律行为规则的活动。应当强调,知识产权领域的公共行政方法应被理解为各实体在其职权范围内进行的外部活动,其目的是完成在知识产权领域分配给它们的任务。强调在知识产权领域公共管理过程中所使用的方法中,以说服和强制的方法为主,但基于对智力创造活动成果在经济流通中实施的定向原则,在说服方法的主导下,该行业的效率得以实现,表现为直接和间接的影响。事实证明,除了公共行政实体在知识产权领域的活动实践之外,国家强制是辅助性的,它是在定罪的基础上进行的,只有在采用说服的方法之后。强调行政强制措施适用的目的导致了行政强制措施相关分类的存在,其中区分了行政强制措施的三大类:行政警告措施、行政终止措施和行政处罚措施。结论是,知识产权领域的公共行政实体在其活动过程中有机会使用各种各样的公共管理影响方法,通过这些方法,实际上是后者对公共行政对象进行有目的影响的过程。关键词:行政责任、知识产权、方法、公共行政主体、信仰、强制、公共机构、公共行政、知识产权领域。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PROSPECTS FOR THE IMPLEMENTATION OF ADMINISTRATIVE AND LEGAL METHODS OF PUBLIC ADMINISTRATION IN THE FIELD OF INTELLECTUAL PROPERTY IN UKRAINE
The article conducted a theoretical analysis of the prospects for the implementation of administrative and legal methods of public administration in the field of intellectual property in Ukraine. The definition of public administration in the sphere of intellectual property is formulated, which is proposed to understand regulated by normative legal acts the activities of the respective public administration entities aimed at implementing the rules of legal acts regulating the sphere of intellectual property by making administrative decisions and providing legislation. It is emphasized that the methods of public administration in the field of intellectual property should be understood as the external activity of the respective entities, which is carried out by the latter within their competence and aimed at fulfilling the tasks assigned to them in the field of intellectual property. It is emphasized that among the methods used in the process of public administration in the field of intellectual property, there are primarily methods of persuasion and coercion, but based on the principle of orientation on the implementation of the result of intellectual creative activity to economic circulation, efficiency in this industry can be achieved Subject to the dominance of the method of persuasion, expressed both in direct and indirect influence. It has been proven that, in addition to the practice of the activity of public administration entities in the field of intellectual property, state coercion, which is auxiliary and is carried out on the basis of conviction and only after applying methods of persuasion. It is emphasized that the purpose of the application of administrative coercion measures has caused the existence of the relevant classification of the latter, within which three groups of administrative coercion measures are distinguished: measures of administrative warning, measures of administrative termination and measures of administrative penalties. It is concluded that public administration entities in the field of intellectual property in the course of their activities have the opportunity to use a wide range of various methods of public-managerial influence, through which, in fact, the process of purposeful influence of the latter on objects of public administration is carried out. Keywords: administrative responsibility, intellectual property, method, subject of public administration, belief, coercion, public institution, public administration, sphere of intellectual property.
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