PROOF OF PLAGIATION OF SCIENTIFIC PAPERS: LEGAL PRACTICE AND EXPERT TECHNOLOGIES

Abstract

The publication deals with current problems of the practice of proving plagiarism in scientific works and contains an analysis of certain cases that were considered in criminal and civil proceedings when involving court experts. The paper points out that in order to establish factual data related to the creation and use of works of a scientific nature, specialists possessing the necessary specialized knowledge may be involved in different countries. However, only in Ukraine, in the pre-trial and judicial consideration of cases concerning scientific works as objects of copyright, judicial experts are involved, who in accordance with the procedure established by law have obtained the qualification of a judicial expert within the framework of a separate line of judicial expertise «Expertise in the field of intellectual property». According to the rules of procedural law, the expert’s opinion in the procedural order becomes one of the sources of evidence in the case. Attention is drawn to the fact that the expert is forbidden to collect the materials to be investigated independently. Therefore, all material that confirms or denies the fact of using the relevant work in the creation of another, stakeholders should include in the case file. It is recommended that, before filing a lawsuit, all the circumstances of the case should be taken into account, the claims should be clearly stated and the evidence should be provided. In the process of developing a strategy for copyright protection in civil proceedings, effective interaction between the parties in the case with lawyers and forensic experts is essential. It is noted that the use of scientifically grounded expert technologies makes it possible to identify identifying signs that indicate the presence of plagiarism signs in scientific works and to create them on the basis of the works of other authors, which makes it possible to provide a proper evidence base.