Осуществление и защита гражданских прав в условиях цифровой трансформации отношений

The article aims to investigate the issue of the mechanism of protection of civil rights and the differentiation of procedural forms of protection of the right to medical assistance. The article examines the existing doctrinal approaches to the definition of the concept of "protection of civil rights", "means", "forms", "methods of protection of civil rights" arising in the field of providing medical assistance and health care. The work states that the methods of protection of rights are actions provided for by law, which are directly aimed at the protection of rights. They are final acts of protection in the form of material and legal actions or jurisdictional actions, which are aimed at eliminating obstacles in the way of subjects exercising their rights (interests) or at stopping the offense, restoring the situation that existed before the offense. Instead, the form of protection characterizes the order of protection and constitutes a set of internally agreed measures for the protection of subjective rights and protected interests that take place within the limits of one legal regime. Emphasis is placed on the fact that in the field of health care, first of all, the patient has the right to independently determine, by means of which form to protect his rights, which, in his opinion, have been violated during the provision of medical care. It can be the application of various pre-trial procedures, administrative appeal or appeal to the court. The article analyzes the implementation of judicial, pre-judicial and administrative forms of protection of a person's medical right in the field of health care. It was concluded that the non-jurisdictional form of protection of the patient's rights is a form of protection, in the implementation of which the patient can independently choose self-defense measures that are not prohibited by law and correspond to the nature of the actions that violated his right, as well as the consequences caused by the offense.

The article examines the institution of civil liability for violations of intellectual property rights in Ukraine within the context of broader European integration processes. Taking into account the requirements of the European Union regarding the protection of intellectual property rights, the study analyzes how national legislation is being transformed to ensure more effective legal enforcement. Special attention is given to the increasing number of violations in the field of copyright, patent rights, utility models, industrial designs, and trademarks, which necessitates the development of a clear, efficient, and unified mechanism of civil liability. The paper emphasizes the specific features of this type of liability, namely its predominantly pecuniary nature, as well as its function not only as a means of compensation but also as a preventive tool contributing to legal discipline in the field of intellectual law. The text provides a thorough comparative analysis of the provisions of the Civil Code of Ukraine and sector-specific laws, such as the Law «On Copyright and Related Rights,» the Law «On the Protection of Rights to Marks for Goods and Services,» and the Law «On the Protection of Rights to Inventions and Utility Models,» which establish special legal liability mechanisms. The author notes that when the exact amount of damages cannot be proven, other forms of monetary compensation may be applied, as determined by the court within statutory limits. The role of compensation for moral damage is also examined, which is particularly relevant when personal non-property rights – such as the right of authorship, the right to a name, or the integrity of the work—are violated. The article explores procedural challenges related to evidence gathering: difficulties in establishing a causal link between the offender’s actions and the consequences, substantiating the amount of lost profit, and identifying the moment of infringement. The author outlines a number of specific civil remedies that, although pecuniary in nature, are aimed at eliminating the source of infringement – such as seizure and destruction of counterfeit goods, confiscation of equipment used to produce illegal content, and publication of court decisions to restore the author’s or right holder’s reputation. The author substantiates the need to optimize Ukraine’s mechanism of civil liability in this area by establishing specialized intellectual property courts, implementing digital tools for detecting and documenting violations, and unifying judicial practice regarding compensation amounts and standards of proof. The development of these areas will enhance enforcement efficiency, ensure a fair balance between the interests of rights holders and bona fide users, and strengthen public trust in the intellectual property protection system. Thus, civil liability serves not only as a means of restoring violated rights but also as a key guarantee of legal order and a stimulus for innovative development.

This article is devoted to the definition of state authorities which establish the legal regime in the field of protection and enforcement of intellectual property rights to plant varieties. The author defines the powers of the Cabinet of Ministers of Ukraine as the highest body in the system of executive authorities, the State Service of Ukraine on Food Safety and Consumer Protection as the controlling body and the Ministry of Agrarian Policy and Food of Ukraine as the competent authority which is the main body in the field of protection of intellectual property rights to plant varieties, since it is entrusted with a list of tasks in the field related to protection of rights to plant varieties. The Ukrainian Institute of Plant Variety Expertise is an authorized institution to conduct scientific and technical examination of plant varieties. It is established that the State Service of Ukraine for Food Safety and Consumer Protection is the controlling body in the field of plant variety rights protection and the types of control it exercises are defined. The state body responsible for conducting scientific and technical expertise of plant varieties is the Ukrainian Institute of Plant Variety Expertise, which operates on the basis of the Charter. The issue of problems arising in the course of concluding license agreements for the use of plant varieties is raised. The author analyzes the case law and provides an example of a court decision that addresses infringement of intellectual property rights to plant varieties. The reasons for infringement are often preceded by low awareness of the owners of property rights and rights to distribute plant varieties, since the issue of effective commercialization depends on the stage of granting licenses for the use of the said intellectual property. The article illustrates the example of the Network of Technology and Innovation Support Centers (TISC), which operates within the structure of the national patent office – UKRNOVI, conducting educational activities and providing information and advisory support and services on intellectual property protection, commercialization and promotion of innovations in Ukraine and abroad. The list of foreign countries with special patent courts, where cases related to infringement of intellectual property rights are considered, is provided. The issue of launching the High Court of Intellectual Property is considered, since the creation of such a court is aimed at resolving numerous issues in the field of intellectual property rights protection. The article concludes with a general conclusion about the state authorities whose activities are related to the protection and enforcement of intellectual property rights to plant varieties and the problems that exist today.

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the given proposals are formulated..

This article is dedicated to the study of legal regulation of the mediation procedure in the field of intellectual property. Due to the rapid development of intellectual property and the proliferation of its objects, there is a need to create effective mechanisms for the protection of rights. Traditional court proceedings are lengthy and costly, complicating the timely protection of these rights. Mediation, as an alternative dispute resolution method, offers a quick, less formal, and economically advantageous way to reach an agreement between parties. Analysis of foreign experience shows that mediation is an effective tool that helps to reduce the burden on the judicial system and increase the satisfaction of the participants in the process. In Ukraine, mediation is at an early stage of development, but its implementation is promising. To successfully apply mediation in the field of intellectual property, it is necessary to create a clear legal framework that includes defining the legal status of mediators, establishing procedural norms, and ensuring the voluntary participation of the parties. It is important to consider international experience and adapt it to national peculiarities. This will ensure effective protection of intellectual property rights, reduce the number of court disputes, and improve the investment climate in Ukraine. Based on the results of the study, the author concludes that mediation in the field of intellectual property can be applied in the following cases: 1. For the resolution of disputes arising from the use of intellectual property objects without the consent of the rights holder (author, creator, inventor, or the person to whom the intellectual property rights belong according to a contract or law); 2. In resolving disputes related to intellectual property rights infringements; 3. In cases of disputes arising during the licensing and transfer of intellectual property rights; 4. For the resolution of disputes that arise when concluding and fulfilling contracts in the field of intellectual property, particularly contracts regarding the disposition of intellectual property rights; 5. In resolving disputes that arise from the use of intellectual property objects that have been transferred to third parties.

Exploitation of intellectual property rights in the field of sports is currently one of the most powerful sources of funding for sports, sports activities, and various sports events. However, unfortunately the sports organizations and individual right holders encounter problems regarding protection issues. There is a strong need to ensure the protection of these rights, and strengthen their potential to generate income from them. The use of intellectual property in modern conditions is a significant financial asset of the sports sphere. When acquiring rights of intellectual property, sports organizations, athletes and other rights holders often feel the need for legal regulation, protection and commercialization of intellectual property, as this is a prerequisite for their further profitable use. Hence, the present research aimed to study peculiarities of legal support, implementation and protection of intellectual property rights in the field of sports.

This article is devoted to the system of civil law remedies applicable in the common law states, in particular, in England. The subject of the research covers the specific civil law remedies which are applied by the courts and in self-defence, as well as generally applicable classifications of such methods of protection. The analysis of a vast number of judicial precedents concerning the application of the main methods of protection of civil rights has been carried out. The categories of civil law remedies, which are used in an out-of-court and judicial (including those used at various stages of the trial) procedure, have been highlighted. It was revealed that the main civil law remedy is compensation or compensation for losses of the plaintiff. It is shown that the protection of civil rights in Anglo-Saxon law is aimed at the most effective protection of the rights of the plaintiff, but not punishment or diminution of the rights of the defendant. It was also revealed that in Anglo-Saxon law there are similar (the same type) civil law remedies, which were formed in parallel in common law and the law of justice. Based on the results of the analysis, it was concluded that the system of civil law remedies in the common law is complex and overloaded, which complicates law enforcement and applying for protection of the right.

According to Art. 1 of the Constitution of Ukraine is a social, democratic and legal state. Its development, in accordance with constitutional provisions, is impossible without effective means of protecting human rights and freedoms, including rights to intellectual property objects. It is worth noting that in modern conditions, intellectual property is developing rapidly, its objects are becoming more widespread, so it needs proper protection. The reason for the violation of intellectual property rights is the nature of the objects themselves, which makes it possible to easily and quickly reproduce and distribute them. In world practice, various forms of protection of these rights are used. But protecting them in court, as a rule, requires a lot of time, money and effort. Therefore, mediation is increasingly used as a form of protection of intellectual property rights. An important condition for the integration of our country into the European Union is the creation of a legal framework that would meet international standards, in particular in the field of intellectual property. It is important to adopt the positive experience of foreign countries in the field of legal regulation and functioning of alternative methods of dispute resolution. It should be noted that mediation in Ukraine is just beginning its development, however, on the basis of international standards and experience, we can analyze which aspects of legal regulation need to be improved, in particular for the protection of intellectual property. The use of mediation in the field of intellectual property in Ukraine would contribute to the improvement of the efficiency of dispute resolution, would improve the legal mechanisms for the protection of rights and legitimate interests, and would harmonize the current national legislation with international standards in this area. The purpose of this article's research is the issue of using mediation to resolve conflicts and protect rights to intellectual property objects.

The article examines the phenomenon of digital transformation of subjective civil rights, which is the most important characteristic of civil circulation in the information society. According to the author, digital transformation is a systemic change in the main features and content of subjective law under the influence of digital technologies, with the help of which new types of property are constructed, namely cryptocurrencies, digital rights, tokens, databases, and other virtual objects. The characteristic properties of such objects, first of all, the absence of a material substrate, that is, physical, material expression, make it difficult to characterize them as things, in the traditional meaning of this concept. However, the needs for the development of civil turnover in the context of the digitalization of the economy makes it necessary and inevitable for the participation of various types of digital property as objects of both property and contractual rights. The civil circulation of digital objects becomes possible as a result of endowing the latter with the properties of things or actions, which implies the formation of appropriate legal regimes. Since the legal regime, as shown in the work, includes three main elements, namely, objects of rights, subjective civil rights and regulatory means, digital transformation affects all these elements, contributing to their modification. At the same time, the main attention in the work is paid precisely to subjective civil rights, which, in a situation of underdeveloped regulatory regulation, are the main regulator of digital property turnover. Considering the prospects for the digital transformation of subjective civil rights in the context of the digitalization of civil law and order, the author comes to the conclusion that the processes considered in the work will affect not only the sphere of property rights, but also the personal non-property rights of subjects. The analysis performed allows us to formulate some proposals for improving the current civil legislation, contributing to its further reform.

The article highlights the current state of intellectual property protection in Ukraine. It is emphasized that in accordance with the provisions of Art. 41 of the Constitution of Ukraine, everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. Article 55 of the Constitution of Ukraine stipulates and guarantees everyone the use of all national types of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal disputes and all legal relations arising in the state. In addition to the guaranteed constitutional right to judicial protection of intellectual property rights, the norms of special legislation in the field of intellectual property determine the legal basis for the protection of violated rights. In connection with the reform of the state system of legal protection of intellectual property, the Concept of reforming the state system of legal protection of intellectual property in Ukraine, approved by the order of the Cabinet of Ministers of Ukraine dated June 1, 2016 No. 402-r, was analyzed, which states that the state system of legal protection of intellectual property property implements the state system of legal protection of intellectual property, and also draws attention to the imperfect and inert system of state management of intellectual property, which has led to the absence of significant changes in the adaptation of the legislative framework to modern economic and political conditions (the fight against patent trolling, Internet piracy, satisfaction needs of the IT industry, military industry), as well as the National Strategy for the Development of Intellectual Property in Ukraine for the period until 2020, where a two-level structure of the state system has been created instead of a three-level structure. Separate provisions of the legislation, the norms of which guarantee the protection of intellectual property rights, as well as special laws and by-laws defining the reformation and functioning of the state system of legal protection of intellectual property, are considered. Attention is drawn to the fact that today the state system of intellectual property protection in Ukraine has an extensive system of state authorities that ensure the protection and protection of the violated subjective rights of copyright holders. The existing problematic issues of intellectual property protection are analyzed and the author’s proposals for improving the state of protection and protection of intellectual property rights in Ukraine are formulated.

Armed aggression by the russian federation, where disputesare resolved withthe help of weapons, committing terrorist acts and other violent actions that cause death, maiming, damage to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity, is modern realities of Ukraine. In this situation, the National Security Strategy of Ukraine lists defense of independence and state sovereignty, restoration of territorial integrity within the internationally recognized state border of Ukraine, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens as priorities of Ukraine's national interests and ensuring national security. The most important role in solving the tasks of defense and security of the state belongs to military personnel who carry out military service - state service of a special nature. The efficiency and quality of military personnel activities depend on state guarantees in accordance with their socio-economic, legal, political situation and modern realities. Military personnel are subject to the norms of general legislation, therefore they have general rights, freedoms and obligations as natural persons. The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract. Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

In the present article the author analyses new institutions of civil law, ie. particular complaints concerning cessation of protection rights for a trade mark or registration rights for an industrial model. These complaints constitute a hybrid of mutual complaints and of cases concerning invalidation of protection rights for a trade mark or registration rights for an industrial model or declaration of expiry of protection rights for a trade mark. In the key part of the article the author presents lack of precision of new regulations concerning suspension of civil proceedings due to similar proceedings pending before the Patent Office of the Republic of Poland. In this respect, the author presents the new regulations interpretation risk, which may lead to unnecessary lengthening of court proceedings in consequence infringing the constitutional principle of honest proceedings and the right to have your case recognized without unjustifiable delay. Besides, the author postulates such de lego ferenda change of regulations that the obligation to suspend civil proceedings will take place only, when the scopes of requests of the particular complaint and the request to the Patent Office will influence each other. At the end, the author presents issues of premises of registration capacity both trade marks and industrial models and premises for declaration of expiry of protection rights for a trade mark. In this respect he gives particular attention to the necessity for application by courts not only the regulations of the presently in force act Industrial property law, but also already repealed provisions of the said act as well as repealed other laws. The author explains that statutory conditions of registration capacity of industrial property rights should be applied according to laws in force at the date of application for protection of the given exclusive right.

In the Constitution of the Republic of Azerbaijan, ensuring the rights and freedoms of man and citizen, a decent standard of living for citizens of the Republic of Azerbaijan is called the highest goal of the state. The protection of human rights and freedoms proclaimed by the Constitution is considered the responsibility of the legislative, executive and judicial branches. The judicial form of protection of civil rights among the listed bodies is the most important. Judicial protection of human rights and freedoms is directly related to the violated right and, depending on many other factors, is carried out through constitutional, civil and criminal proceedings and other methods provided by law. Minors constitute a significant part of the population of the Republic of Azerbaijan (more than 30%) and the protection of their rights is a primary task of the state, society and family. Guarantees of judicial protection of the rights and interests of minors are enshrined both in the provisions of the Civil Procedure Code of the Republic of Azerbaijan and in the procedural norms of some substantive legislative acts (Family Code, Civil Code, Labor Code, etc.). It should be noted that although the European Convention on the Exercise of Children's Rights of 1996, which mainly regulates the civil procedural rights of minors, has not been ratified by the Milli Majlis of the Republic of Azerbaijan, the procedural rights of children in civil proceedings are sufficiently enshrined in the relevant national legislation. According to statistics from the Ministry of Justice of the Republic of Azerbaijan, the number of civil cases considered in courts affecting the rights and interests of minors is increasing from year to year. The vast majority of these cases are related to divorce, establishment of paternity or recognition of paternity in court, as well as adoption or cancellation of adoption. In this regard, the role of judicial bodies in ensuring the violated rights of minors, in regulating social conflicts and family disputes is extremely important. The article examines the constitutional and international legal foundations for the participation of minors in civil proceedings, as well as the mechanisms for their regulation provided for by the relevant legislative acts of the Republic of Azerbaijan. Key words: civil procedural law, family law, civil proceedings, divorce, minors, judicial protection, civil claim, rights of family members, former family member, juvenile justice, right of communication, parental rights.

Big data has significant potential value at the present stage, but its civil law regime remains uncertain. Today, big data technologies are inextricably linked with artificial intelligence technologies. In addition, it is impossible to determine the specifics of the legal regulation of the studied relations without solving such an aspect of the problem as the protection of personal non-property rights, since it is information about a person, their preferences, their personal data that acquires independent significance. Difficulties in identifying the features of big data as an object of civil rights are due to the fact that they include not only various types of information, but also technological solutions aimed at its collection, storage, processing and analysis. Based on the conducted research of regulatory sources, judicial practice and doctrine, it can be concluded that the exercise and protection of rights to big data is possible within the framework of relations developing over the results of intellectual activity, in connection with which the use of information included in big data and its processing can be carried out on the basis of license agreements with the copyright holder. If the information obtained as a result of the use of big data technologies is transmitted on the basis of the analysis of the information contained in them, then we can talk about the conclusion of a contract for the provision of services for the provision of information. When determining the civil law regime of big data, it is necessary to maintain a balance of public and private interests. When exercising the rights to big data, the rightholder must respect the personal non[1]property rights of persons whose information eventually forms a large amount of data, including ensuring the confidentiality of personal data, and in case of their dissemination, obtain the consent of the user in accordance with the procedure established by law.