FUNCTIONS OF THE CONTRACT BETWEEN THE CO-AUTHORS OF WORKS OF SCIENCE

Abstract

The article deals with the issue of the functional roles of the contract concluded between the co-authors of works of science. In particular, it has been found out that the contract between the co-authors of works of science performs regulatory, initiative, program-coordinating, informative, warranty and protective functions. The detailed description of these functions is provided. Special attention is devoted to regulatory function of the contract, concluded between the co-authors of works of science. From the analysis of numerous researches it is revealed that for the time being, the market conditions, regulatory function of the contract is crucial and primary, and all others derived from it. On the basis of the current legislation of Ukraine it is known that under the law the co-authors have the right to adjust their relationships, which are not regulated, in the contract. It has been determined that the agreement between the co-authors is to organize and coordinate their actions aimed at distribution of property rights and the use and disposal of these rights and the joint work of science. The author emphasizes that the concluded contract of work of science is the only means of legal regulation of their relations. The analysis of the initiative functions of the contract between the co-authors of works of science has been done. It has been found out that such a contract is an act of collective expression of the initiative authors of the work of science and implementation of discretionary. It has been concluded that co-authors independently decide whether they conclude the contract, and the issue of its form and content. The program-coordinating and informative functions of the contract between the co-authors have been characterized. It is established that the contract is organizing internal relations and co-coordinated efforts of scientific, but also serves as a specific program for them. Based on case studies of contractual practices it has been clarified that the contract between the co-authors of works of science contains information on rights and obligations for both parties and the third ones. The existence of the guarantee function concluded between the co-authors of works of science and its reasons have been examined. The conclusion about the necessity of specifying the contract conditions, grounds and means of co-responsibility in external relations to the third parties has been done. In addition, for enhancing the research, the author suggests taking into consideration the provisions on the conditions, grounds and facilities of co-responsibility to each other in the contract. The characteristic of the protective function of the contract between the co-authors of works of science has been done. The legal position of the higher courts has been analyzed. On the basis of jurisprudence the protective function of the contract between the authors of works of science has been established.