Yarkina N. Neighbouring Rights in Author's Right

The aim of the study: complex theoretical analysis of the legal nature, specificity of the neighbouring rights and ther objects, the determination of the Institute of Neighbouring Rights place in the system of civil law, moving proposinions as to the improvement of the neighbouring Rights legal protection, the development of the recommendations as to the implementation of measures of civil Responsibility for theviolation of neigh bouring rights. The object of study: Institute of Neighbouring Rights. The methods of study: istorical, system-structural, comparative-legal, logic-juridical. Results, novelty: The thesis is devoted to the investigation of the neighbouring rights of the executors, producers of phonograms and broadcast organizations. The concept of the Neighbouring Rights Institute is proposed, its consolidation with the Institute of Author's Rights in a common subdivision of the Civic Law "Author's Right and Neighbouring Rights" is argumented. The legal character of the neighbouring rights obj ects and their nature are given, the specific indications. The attitude is stated, that the executions according to their nature should be recognized by the objects of author's . The necessity of the introduction of publications in the range of the objects of the neighbouring rights is grounded. The juridical nature, specificity, extend and substance of the exclusive neighbouring rights of every subject are investigated. The means of the grounds and the procedure of the implementation of measures of civil responsibility for the neighbouring rights violation are analyzed. The practical recommendations as to the definition of losses due to the neighbouring rights violation are given. The thesis comprises the propositions as to the improvements of the neighbouring rights legal defence. The results of the research can be used during the tutorial on the course of Civic Law of Ukrane, legislative practice.