Features of the qualification of crimes in the sphere of intellectual property

Abstract

The article is devoted to the peculiarities of the qualification of crimes in the field of intellectual property. It is noted that the basis of the criminal-legal qualification process is exclusively the criminal law. Only the Criminal Code of Ukraine provides an exhaustive list of criminal offenses, definitions of acts that are not crimes, and characteristics of post-criminal behavior, which in each specific case have their own criminal-legal significance. That is why, for the correct application of the criminal law, it is necessary to have deep knowledge, a systematic understanding and a clear and unanimous interpretation of all elements of the composition of a criminal offense, acts that are not criminal, as well as certain post-criminal behavior, if they were not disclosed by the legislator in the law itself. That is, the qualification of a criminal offense in the field of intellectual property becomes a logical continuation of the previous criminal-legal qualification only when the result of the latter turns out to be the recognition of a certain act as criminally illegal. In addition, it was established that during the criminal-legal qualification, first of all, it should be determined whether the committed act is provided for in a certain prohibitive article of the Criminal Code of Ukraine. Then it is necessary to establish the conformity of the signs of this actually committed act with all the signs of a criminal offense in the field of intellectual property, which are provided for by the specified article of the criminal law. The author also emphasized the fact that an important aspect of the qualification of criminal offenses in the field of intellectual property is their combination with other criminal acts. That is why the accuracy of the qualification of the investigated criminal offenses must be achieved regardless of whether it will affect the future punishment or in some other way in the future will affect the legal position of the suspect.