Guarantees of the constitutional right to own, use, or dispose of the results of his intellectual or creative activities

Abstract

The article is devoted to the study of guarantees of the right of everyone to own, use and dispose of the results of his intellectual and creative activity. The constitutional and legal mechanism for ensuring this right is a system of organizational and legal means of influence, through which opportunities are created for the implementation of this right, and in case of violation or threat of its violation is its protection and defense. It is emphasized that the ineffective constitutional and legal mechanism of ensuring the constitutional right of everyone to own, use and dispose of the results of their intellectual, creative activity threatens the economic and national security of the state, indicates improper state performance of its main duty - human freedoms. The purpose of the article is to formulate the author’s definition of the concept of guarantees of the right of everyone to own, use and dispose of the results of their intellectual and creative activity. It is noted that in the science of constitutional law there is a well-established point of view on the division of human rights guarantees into normative-legal and organizational-legal. The author’s definition of the concept of guarantees of the right of everyone to own, use and dispose of the results of their intellectual, creative activity is formulated: in terms of content - as a system of means and methods, the creation of which is the obligation of the state. use and dispose of their property, the results of their intellectual, creative activities; in the form - as provided by the national legislation of Ukraine normative-legal and organizational-legal ways of realization of the right to own, use and dispose of the property, results of the intellectual, creative activity; in essence - as conditions that the state is obliged to create for the realization of the right to own, use and dispose of their property, the results of their intellectual, creative activities.