Місце органів спеціальної компетенції в системі суб’єктів публічного адміністрування у сфері інтелектуальної власності в Україні

Abstract

The purpose of the article. The article deals with the actual issues of the administrative-legal status of subjects of special competence in public administration in the field of intellectual property. The thesis is substantiated that the subjects of public administration in the field of intellectual property are a separate category of state bodies with a special administrative and legal status and inherent specific features: they carry out state-owned impact on public administration objects; Their main features are the availability of power powers that allow them to realize their own will in the form of managerial decisions; The legal basis for their activities in the vast majority of cases are the norms of administrative law; In the process of its activity, these subjects use exclusively forms and methods of public administration. Scientific novelty. The nature of the competence of subjects of public administration in the field of intellectual property in the scope of which they are divided into subjects of general, sectoral and special (functional) competence is outlined. The emphasis on the group of special (functional) competencies includes state bodies that implement executive, control and supervisory, regulatory and registration and permissive functions and which ensure the implementation of state policy in a particular sphere, carry out guidance on issues that have a general character for all or many spheres of social life. The classification of subjects of special competence on public administration in this area is given. The peculiarities of the administrative-legal status of each group of special competence in public administration in the field of intellectual property are analyzed. The specificity of the influence of these subjects on legal relations arising in the field of intellectual property is characterized. Conclusions made on the place of special competence in public administration in the field of intellectual property among other subjects. The proposals are formulated regarding the need to improve the existing domestic legislation in the field of intellectual property.