Slydneva Н. The right of economic subjects to commercial secret and its protection

Object of research: the public relations arising in connection with realization of the right of the subject of managing on the commercial secret and its protection. The purpose of research is the elaboration of theoretical and practical questions of legal regulation of the relations connected with commercial secret of the subjects of managing, its protection and preparation of the offers on perfection of the legislation of Ukraine in conditions of transition to market economy. A method of research: dialectic, comparative-legal, formal-legal, historical, method of the system analysis. Theoretical and practical meaning: the received results considerably raise a level of theoretical elaboration in a science of the economic law of a problem of perfection of legal regulation of the relations connected to the commercial secret of the subject of managing and its protection; can be used by the elaboration of theoretical legal problems of commercial secret in sphere of managing and its protection, as a whole for development of the economic legislation in Ukraine. The separate rules of work were used at fastening rules about commercial secret in the local legal acts close corporation "The Odessa sugar company", at system engineering of a right protection of commercial secret public corporation "The Ukrainian fuel group"; are used in educational process at teaching disciplines "The Enterprise right" and "The Commercial law". Scientific novelty: is by first in domestic jurisprudence by complex research of the right of the subject of managing on commercial secret and its protection. The author defines a commercial secret as the commercially valuable confidential information, which is guarded by the economic subject and the access to which is limited with the purpose of the guarding of rights and legal interests of its owner from wrongful access to it, disclosure or usage. The bases of legal regulation of the relations concerning commercial secret of the subjects of managing are determined. The content of concept of the right of the subject of managing on commercial secret is understood. The author justifies, that the legal regime of commercial secret should ensure a combination of the private interests of economic subjects and public interests. The means of protection and guarding of the right on commercial secret, the kinds of the legal responsibility for infringement of the right on commercial secret are determined. Sphere of use are the subjects of the legislative initiative; economic courts at disposal of legal proceeding connected to application of the legislation on commercial secret and its protection in sphere of managing; the subjects of managing having commercial secret; higher educational institutions.