THE PLACE OF COLLECTIVE MANAGEMENT OF PROPERTY RIGHTS IN MODERN CONDITIONS OF THE EUROPEAN INTEGRATION PROCESS OF UKRAINE

Abstract

The modern possibilities of applying the forms and means of using the objects of copyright and related rights, as well as the subjects and places of their use, lead to a situation in which the author does not have any opportunity to find out when, who and how his work was used. The principles of legal regulation of social relations in the field of intellectual property, including relations in the field of copyright and related rights, are laid down in the norms of the Constitution of Ukraine as the Basic Law of the State. The Constitution of Ukraine guarantees citizens freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, their copyrights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual and creative activity; no one can use or distribute them without his consent, with exceptions established by law. Everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. Article 45 of the Law of Ukraine “On Copyright and Related Rights” states that subjects of copyright and related rights can manage their rights personally or through their attorney or through a collective management organization. The main provisions on the collective management of rights are established both by national legislation and in international treaties, directives of the European Community, and national legislation. Today, the formation of legislation in this sphere of social relations is experiencing a new stage of its development both at the national level in particular and at the international level as a whole. Thus, a number of EU Twinning projects are taking place in Ukraine – an EU technical assistance project, which consists in the organization of cooperation between a state body (institution) of an EU member state and a relevant state body (institution) of Ukraine – the beneficiary of the project with the aim of exchanging experience and providing assistance in matters of state management and adaptation of Ukrainian legislation to EU legislation.