Kulinich O. Theoretical problems of realization and protection of the right of natural person to the own image.

The thesis is the first in the native science of civil law special comprehensive research of theoretical problems of realization and protection of the right of natural person to the own image. The general scientific approaches to the definition of nature and content of the right of individuals to their own image are studied, as well as its correlation to intellectual property rights is clarified. The author’s concept of the protection of the right of natural person to the own image is provided. The dissertation reveals the correlation of such categories as «the appearance of individual» and «the image of individual» as civil categories, their characteristics and factors influencing the formation and change of these objects. The certain types of images are identified in conjunction with the protected by law rights and interests of the represented person. The objective and subjective composition of legal relations for realization and protection of the right of natural person to the own image is characterized, the mechanism of legal regulation of relations in this sphere is described. The limits of exercise of the right to the own image is formulated, the system of principles and criteria for determining the legality of a free creating and use of the individual's image is represented. The legal terms and ways of realization of the right of natural person to the own image are substantiated, in particular by giving the consent and conclusion of contract on creation and use of the individual's image. The peculiarities of the circumstances, winch are subject to proof while defending the right of natural person to the own image, are specified, and the effectiveness of particular civil-law methods of protection considering judicial practice is defined. Scientifically based proposals are formulated for improvement of civil legal regulation of relations in the sphere of creation and use of the image of individual, mechanism of legal protection of the right of natural person to the own image.