Normative legal support of trade secrets and the place of labor legislation in it

Abstract

The article examines the regulatory legal protection of commercial secrecy and the place of labor legislation in it. It is noted that the availability of effective regulatory and legal instruments provided by the state, state bodies and local self-government bodies is one of the most important areas of legal regulation of trade secrets in Ukraine. Attention is drawn to the fact that relations related to the protection of commercial secrets are regulated by normative legal acts belonging to various branches of law, in particular the Civil Code of Ukraine, the Economic Code of Ukraine, the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Laws of Ukraine “On information”, “On scientific and technical information”, “On protection against unfair competition”, and define only the general principles of legal regulation of such relations. As for the current labor legislation, it still does not contain norms dedicated to commercial secrets, in particular, the regime of using commercial secrets is not defined, the procedure for using commercial secrets in labor relations, the employer’s measures to prevent its disclosure, the employee’s obligations to preserve in the secret of confidential information, etc. In the course of the study, it was concluded that today the state of legal protection of commercial secrets in Ukraine needs to be improved. Current regulatory and legal measures to ensure commercial secrecy in Ukraine cannot fully ensure effective legal regulation of the said institute. The need for the adoption of a separate cross-industry normative legal act, which should regulate the issues of creation, use, preservation, disclosure of trade secrets, the definition of trade secrets, their characteristics, conditions of legal protection, the list of information that constitutes/does not constitute a trade secret, has long been overdue. , the emergence of subjects of the right to trade secrets, the possibility of crediting trade secrets to the company’s balance sheet as an intangible asset, the procedure for disclosing trade secrets to law enforcement and control bodies, the responsibility of state bodies for the disclosure of trade secrets, protection and protection of the latter and other issues related to trade secrets information