Shmorhun V. Administrative and legal protection of means of individualization of participants in economic turnover, goods and services

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100196

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

24-12-2020

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation provides a solution to the scientific problem of existing problems of administrative and legal protection of means of individualization of participants in economic turnover, goods and services (trademarks, trade names, geographical indications) and offers a number of conclusions, suggestions and recommendations. Regulatory legal acts and scientific works were analyzed, which made it possible to characterize the concept of "administrative and legal protection of means of individualization of participants in economic turnover, goods and services" as an important legal category of administrative law. The leading role among the normative acts regulating administrative liability in the researched sphere is played by the Code of Ukraine on Administrative Offenses. It is proposed to amend Chapter 6 "Administrative Offenses Encroaching on Property" of the Code of Ukraine on Administrative Offenses, Art. 51–3 “Illegal use of means of individualization of participants in economic turnover, goods and services”. The study of the objective side of the offenses under the rules of Art. 51–2, 156–3, 164–3 КУпАП. The special features of the subject of misdemeanor in the composition of administrative torts of illegal use of means of individualization of participants in economic turnover, goods and services are analyzed. Attention is paid to the problematic issues of administrative liability of legal entities in the research area, the need to adopt a new administrative-tort code in order to recognize legal entities as a full-fledged subject of administrative liability.

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