Skazko O. Legal framework for the domain-name dispute resolution in Ukraine

In the dissertation for the first time on the basis of complex research of the information legislation and law enforcement practice the essence and features of legal maintenance of the decision of domain disputes in Ukraine are defined and the directions of its perfection are formulated. According to the results of the study, a number of conclusions, generalizations, proposals and recommendations are formulated, the main of which are the following: first: - based on the analysis of theoretical and legal sources and acts of information legislation formulated the concept of domain dispute in a broad sense as a type of legal dispute that arises in regulatory relationships related to registration and / or use of domain names, due to identity or similarity to the degree of identification a domain name with a trademark of a third party or the name of a public authority, provided that one of the parties to the dispute has no rights and legitimate interests in relation to this domain name due to violation of the rules of registration and use of domain names; in the narrow sense, domain disputes are a type of legal disputes related to the protection in court and pre-trial of violated property rights and interests of the subjects of legal relations related to the registration and use of domain names; - it is substantiated that the distinction between the rules of information and civil law, which regulates the resolution of domain disputes, is based on the criterion of interest, which in civil law is purely private, and in information law - both public and private; As for the rules of commercial law, a prerequisite for their application is the parties to the dispute of economic activity aimed at the manufacture and sale of products, works or services of a cost nature, which have a price, while within the information law of the party domain dispute economic activity is not a mandatory feature; - on the basis of the analysis of the activity of the centers of domain disputes of the EU member states it is proved that domain disputes with the participation of public authorities and local governments, the subject of which is illegal registration and / or use of their name in the domain name, have public law position of the European Union, which is embodied in paragraphs. d Part 3 of Article 21 of EU Regulation 874/2004, according to which the dishonest (unfair) use of a domain name includes the use of the name of a state body; improved: - understanding of jurisdictional forms of resolving domain disputes that have a national (local within a certain state) nature and are regulated by the requirements of procedural codes, within which the proceedings are conducted, and determine the features of their litigation; - directions of improvement of the information legislation in the field of the decision of domain disputes in Ukraine; received further development: - understanding the nature and types of cybersquatting and the prospects for the introduction of legal liability for such actions; - ways to develop self-regulatory mechanisms to protect the right to a domain name in Ukraine.