PROSPECTS FOR THE IMPLEMENTATION OF ADMINISTRATIVE AND LEGAL METHODS OF PUBLIC ADMINISTRATION IN THE FIELD OF INTELLECTUAL PROPERTY IN UKRAINE

Abstract

The article conducted a theoretical analysis of the prospects for the implementation of administrative and legal methods of public administration in the field of intellectual property in Ukraine. The definition of public administration in the sphere of intellectual property is formulated, which is proposed to understand regulated by normative legal acts the activities of the respective public administration entities aimed at implementing the rules of legal acts regulating the sphere of intellectual property by making administrative decisions and providing legislation. It is emphasized that the methods of public administration in the field of intellectual property should be understood as the external activity of the respective entities, which is carried out by the latter within their competence and aimed at fulfilling the tasks assigned to them in the field of intellectual property. It is emphasized that among the methods used in the process of public administration in the field of intellectual property, there are primarily methods of persuasion and coercion, but based on the principle of orientation on the implementation of the result of intellectual creative activity to economic circulation, efficiency in this industry can be achieved Subject to the dominance of the method of persuasion, expressed both in direct and indirect influence. It has been proven that, in addition to the practice of the activity of public administration entities in the field of intellectual property, state coercion, which is auxiliary and is carried out on the basis of conviction and only after applying methods of persuasion. It is emphasized that the purpose of the application of administrative coercion measures has caused the existence of the relevant classification of the latter, within which three groups of administrative coercion measures are distinguished: measures of administrative warning, measures of administrative termination and measures of administrative penalties. It is concluded that public administration entities in the field of intellectual property in the course of their activities have the opportunity to use a wide range of various methods of public-managerial influence, through which, in fact, the process of purposeful influence of the latter on objects of public administration is carried out. Keywords: administrative responsibility, intellectual property, method, subject of public administration, belief, coercion, public institution, public administration, sphere of intellectual property.