Various Branches Of Law Research Articles

Some issues regarding the principles and criteria of lawful restriction of human freedom

The article is devoted to the study of the content and peculiarities of implementation of the principles and criteria for limiting human freedoms. The author concludes that the principle of freedom should be studied through the following aspects: axiological, theoretical and practical. The first one involves maximum absolutisation of the principle of freedom for its further deployment in social relations. The theoretical dimension involves the study of the specifics of the content, types, features, and nature of freedom as a legal principle, which allows for a better understanding of it and its more harmonious implementation in legal relations. The practical dimension involves studying the problems of implementing the principle of freedom, the degree of its presence in various branches of law, and the specifics of its restrictions. The article notes that the principle of proportionality means that restriction of freedom can only be a means, not an aim, freedom is always the highest value for law and its restrictions as the ultimate goal are inadmissible, but only as a regulatory means to ensure rights and freedoms, national security, healthcare, public order, etc. The principle of public welfare as a criterion for restricting freedom is more complicated, since there are two doctrines: classical liberalism, which puts freedom above all else and limits state intervention, and social liberalism, which insists on the welfare of all and therefore more active state intervention in the economic life of society. The author concludes that restrictions on freedom must be in the general public interest in the economic, social and political spheres. The author notes that limitation of the principle of freedom is a reduction of its scope, but not a restriction of its content. By restricting freedom, its content remains unchanged, otherwise it will lose its legal value. The article provides the author’s definition of restriction of the principle of freedom as a lawful interference by the State with the capabilities of a person, which is expressed in setting limits for a possible model of behaviour in a certain territory, individually or for certain groups of persons. The author emphasises that one of the key problems with the implementation of measures restricting human freedom is excessiveness. An important public interest allows for the restriction of freedom to achieve it, but other interests and values may suffer. The principles of minimum possible restriction and priority social value should apply here.

Historical outline of the development of the principle of good faith in civil procedure in Germany and France

The article analyzes the concept of good faith on the example of its development in civil proceedings in Germany and France. The author traces the relationship between the good faith of Roman civil procedure and the good faith of continental European countries, which was developed through the reception of Roman law. he author examines a number of sources of the so-called barbarian law in the context of good faith and its negative manifestation - bad faith in procedural communication and counteraction thereto. The author defines good faith as a condition for proper procedural behavior in the sources of law of the Holy Roman Empire of the Germanic nation and traces the history of the term Treu und Glauben. The author examines the concepts of correlation between the Roman term bona fides and the German term Treu und Glauben, which has become a general principle of various branches of law, including civil procedure law. The author examines the presence of the good faith principle in the modern German Code of Civil Procedure. The author also analyzes the concept of the formation of the principle of good faith in civil proceedings in France, for which purpose the medieval rules of customary law contained in such legal sources as the Coutumes Beauvais are studied. Special attention is paid to an important source of French procedural law of modern times - the Ordinance of Louis XIV of 1667 (Louis Code), which was the basis for the Civil Procedure Code of Napoleon of 1806 and whose provisions contained measures to counteract the abuse of procedural rights, and in some cases the term good faith as a measure of exemplary procedural communication. The author also reviews the provisions of the current French Code of Civil Procedure, which entered into force on January 1, 1976, where the principle of good faith is applied both as a counteraction to unfair procedural behavior and as a standard of procedural behavior which provides for the proper performance of duties and exercise of rights. The author determines that the principle of good faith is primarily found in substantive law, both in Germany and France, from where it is integrated into procedural law.

Legal Status of Convicted Persons

The legal status of persons serving a sentence of imprisonment is the most understudied topic in domestic legal science. Since in its content the legal status of convicts is the most complex system covering various branches of law. A more detailed study of the conceptual categories of legal status allows us to reveal the most meaningful aspects of the legal status of convicts. The article attempts to characterize the most essential features of the legal status of persons serving a sentence.

Prosecutor’s Offices and Government Bodies of the Russian Federation as Subjects of Legal Relations in the field of Protection of Human and Civil Rights

Russian government institutions carrying out human rights and law enforcement activities strictly adhere to the norms and standards that are reflected both in international law and in the Constitution of the Russian Federation. The Prosecutor’s Office of the Russian Federation, as a subject of legal relations, representing a key supervisory body of state power, plays a fundamental role in the implementation of activities aimed at protecting human and civil rights. However, in a developed democratic and rule-of-law state, the scope of human rights protection affects various branches of law and economic spheres. That is why the implementation of supervision and human rights activities by the prosecutor’s office of the Russian Federation without interaction with other government bodies of the Russian Federation, which also act as subjects of legal relations, seems to be a difficult process to implement. The very interaction between the prosecutor’s office and government bodies demonstrates not only the high level of development of human rights institutions in the country, but also points to the fact that the interaction process itself needs both legislative improvement and the consolidation of its individual provisions.

Asystemic Application of the System of Law

In the prism of a specific act of law enforcement, an urgent problem of systemic relations between norms and principles of various branches of law that are outside the traditional institution of bluntness has been identified. The theses were substantiated that the application of the rule of law should be based on a systematic approach to the entire legal space, that compliance or enforcement of a prescription within one branch of law should not be a tort-forming factor in another branch of law, the norms of one branch of law objectively cannot prohibit what is permitted by the norms of another branch of law; if this is the case, then this indicates a systemic problem of the legal space. And this question is addressed not so much to the legislator as to the law enforcement officer, the answer to it is in the plane of professional legal understanding. Only the formation of a systematic approach to the application not of a single rule of law, but of normative legal prescriptions in a system of corresponding links with the provisions of other norms of various branches of law can serve as a guarantee of proper law enforcement.

Theoretical and Legal Aspects of Regulation of Cloud Technologies

The article discusses issues of theoretical and legal aspects of the development of cloud technologies, where relations in the field of use of cloud technologies are regulated by the norms of various branches of law. The experience of implementing the concept in the field of cloud technologies has been studied, taking into account the influence of information and communication technologies on this resource. It has been determined that the development and use of online services for the distribution and processing of digital data is impossible without the use of cloud technologies, which allow companies to quickly scale their resources in accordance with business needs.

Новый подход в вопросах преподавания юридических дисциплин: формирование тезаурусной сферы российского студента

The author proposes to consider the issue of the need to introduce the thesaurus approach into educational activities in the teaching of legal disciplines. The purpose of the scientific research is to comprehend the conceptual foundations for the application of thesaurus analysis in the educational process in the study of various branches of law. The applied method of theoretical research allowed the author to formulate the conclusion that the use of the thesaurus approach in teaching will allow focusing not only on the knowledge offered by legal disciplines, but also become a general humanitarian methodological tool for creating the immunity of a Russian student — «professional significance and usefulness». The relevance of the issues chosen by the author is due to the current situation in the field of education, as in a system that forms a set of necessary knowledge, skills, competencies in relation to future specialists, contributing to the active search for new approaches in teaching various legal disciplines. The knowledge gained in the process of teaching such disciplines for a certified student determines the vector of their further choice of practical activity. Scientific and practical significance is seen in the advantages of the thesaurus approach as a methodological tool for obtaining knowledge that has no analogues in science. The development of legal disciplines through the use of the thesaurus approach in teaching allows future lawyers to integrate disparate information obtained by interdisciplinary knowledge into a single connected complex of knowledge. Teaching legal disciplines to Russian students is not only the transfer of a specific set of skills and competencies, but rather the formation of a special professional thinking and lifestyle based on the ideology of legality and justice, and shaped by the philosophy of the legal culture of society and the state.

DOCTRINAL AND LEGAL APPROACHES TO THE DEFINITION OF CIVIL SERVICE

The civil service as a type of public service is distinguished by many scientists in the field of constitutional law, administrative law and other branches of law. However, a uniform approach in science to the definition of civil service has not been developed, because of discussion about belonging of the civil service to a particular branch of law. In this article, the civil service is considered from the perspective of various branches of law: as an labor law, administrative law, сivil service law and constitutional law. The author argues position about belonging of civil service to the branch of constitutional law, also the author argues necessity to consider civil service as a special professional work of citizens, analyzed legislation in order to give a legal definition of civil service, and offers doctrinal definition of civil service.

Environmental information provision in the mechanism of environmental and information policy of Ukraine

The article analyzes the concepts of information society, environmental information provision, information policy, environmental policy, establishes the importance of environmental information provision in implementing environmental and information safety measures, determines the place and role of environmental information provision in the mechanism of environmental and information policy of Ukraine.
 The development of a high-quality information society is impossible without appropriate legal regulators and should not happen by itself, without state support. At the same time, the formation of a conscious information society is the key to the functioning of a democratic state and its institutions. Also, the developed institute of environmental information provision is the basis of not only environmental, but also informational, and therefore national security.
 In the conditions of growing environmental problems and challenges, which have significantly worsened as a result of the war, it is important to understand the value for citizens of the right to environmental information, its role in guaranteeing environmental safety in the country and the potential of its provision for the further development of the state in any spheres.
 Environmental information provision is a category that can be used not only in environmental, but also in informational and other legal relations. Moreover, the peculiarities of its legal regime are determined by the norms of constitutional, international, informational, administrative, civil law and are regulated in detail by environmental legislation.
 However, despite the fact that the regulation of environmental and informational relations is carried out by the norms of various branches of law and is one of the basic foundations of both environmental and informational policy of Ukraine, it is necessary to distinguish their essence and substantive meaning in the context of certain measures.
 The article concludes that within the framework of environmental policy, environmental information provision is an element of the legal mechanism (tool) for the implementation of this policy. Whereas within the framework of information policy, it is a type of information, access to which is guaranteed by the state, that is, rather, the object to which such a policy is directed.

“So Lonely”: Comparative Law and the Quest for Interdisciplinary Legal Education

For various reasons, that will be recalled and analysed throughout this paper, interdisciplinarity has become the keyword for any debate on legal education reform. However, what is meant by interdisciplinarity and how it should be achieved is open for discussion. Paradigms of “scientificity” of the law vary dramatically among legal cultures. Whereas in the US the advent of a more ‘substantial’ legal thought after the New Deal went hand in hand with the rise of the interdisciplinary paradigm, in Europe the traditional assumption of law’s autonomy has repeatedly been challenged, eroded and adapted, but it still represents the bulwark of the orthodox approach to law and legal scholarship. In the Continent, mainstream legal scholarship does not take as its object the social reality, but only the gamut of rules recognized as binding norms. Coherent with this approach is a model of legal education built around certain axioms, such as the statist and nationalist attitude, the extreme compartmentalization among the various branches of law, and the blindness to its surroundings. Comparative law is one of the few disciplines that provide a different role model for a legal scholar who is apt to confront the challenges of complex societies. Keeping at a reasonable distance the authority paradigm, embodying the spirit of enquiry and cherishing the values of pluralism (both in terms of legal pluralism and cognitive openness), comparativists may give specific content to the paradigm of the jurist as a social engineer. Comparative law may therefore offer an invaluable contribution to the debate on legal education reform.

On the powers of the National Police of Ukraine under martial law

In this article, the author analyzes the legislative acts which currently regulate the activities of the National Police of Ukraine. It is stated that the activities of the National Police of Ukraine are very multifaceted, and therefore they are regulated by the rules of various branches of law.
 However, the bulk of these norms are still administrative and legal, since most of the police tasks are performed in the course of public administration, provision of police services in the areas of public safety and order, protection of human rights and freedoms, as well as the interests of society and the state, provision of services to assist persons who need such assistance for personal, economic, social reasons or as a result of emergencies, within the limits established by law.
 The author notes that main idea of the Constitution of Ukraine during wartime, as well as in peacetime, remains unchanged and consists in establishing limits for public authorities to prevent arbitrariness and guarantee human rights and freedoms. At the same time, the constitutional goals and priorities of the entire state during wartime have significant specifics.
 It is noted that with the introduction of martial law in Ukraine, the powers of many government agencies have undergone significant changes. Due to the adoption of amendments to the current legislation in the field of public security and order, the powers of the National Police of Ukraine have also changed to some extent.
 The author of the article emphasizes that the priority among such changes is to guarantee the rights and freedoms of man and citizen, as well as further development of a democratic state in which the rule of law is strictly enforced.
 The author concludes that during the martial law in Ukraine, the powers of the National Police have been significantly expanded by introducing appropriate amendments to the Law of Ukraine «On the National Police».
 At the same time, when expanding the powers of law enforcement agencies, including the police during martial law, the Verkhovna Rada of Ukraine should take into account that the actual circumstances of war or martial law do not automatically constitute grounds for restricting the constitutional rights and freedoms of citizens.

«ВРАЗЛИВІ ГРУПИ НАСЕЛЕННЯ» ЯК ОЦІНОЧНА КАТЕГОРІЯ ПРАВА СОЦІАЛЬНОГО ЗАБЕЗПЕЧЕННЯ

The article examines the phenomenon of evaluative categories in jurisprudence, reveals their concept and features. It is concluded that the term “evaluative concepts” is given a different meaning by scientists representing various branches of law. The author comes to the conclusion that “vulnerability” as a characteristic of the category of the population receiving individual types of social protection is of an evaluative nature. Through the prism of various social relations, it can be considered as a situation in which the risk of discrimination or violations of human rights increases, the probability of being “excluded” from society, as a result of which the social or material situation of a person may suffer, a threat to life or health and other negative consequences may arise. It is proven that it is most expedient to associate vulnerability with the possibility of encountering a certain social risk, and therefore – to claim social protection. The term “vulnerable stratum of the population” is used in international legal acts and in national legislation. At the international level, the traditional contractual approach to assessing persons as vulnerable prevails, states are given the opportunity to independently decide which means of protection such social groups will be supported with reference to the standards established in international legal acts. “Vulnerability” as a status can be directly enshrined in an international treaty or be presented abstractly. The definition of “vulnerable population groups” has relatively recently found expression at the level of national legislation and is revealed due to a number of factors, the influence of which can determine the state of vulnerability. It is proved that the circle of those factors fixed in Art. 1 of the Law of Ukraine “On Social Services” is limited and therefore needs to be expanded. This is explained by the existence of certain social risks, which were already established at the level of separate special legislative acts earlier, but were not reflected in the above-mentioned article (for example, homelessness, internal displacement, drug addiction, presence of HIV/AIDS, etc.). Moreover, it is necessary to take into account the dynamism of social risks in general, which may mean the appearance in the future of new ones not foreseen today, and therefore this fact should also be taken into account when forming the text of the article. Keywords: vulnerable population groups, risk groups, social security, social protection, evaluative categories, low-income families, people living with HIV/AIDS, social risks, factors that can lead to difficult life circumstances.

Digital Intellectual Property and its Protection

Purpose — to determine the meaning and content of new terms of the theory of law, which will later be used in other branches of law. To actualize the problem of digital intellectual property objects. Identify the gray zones of legal regulation that have arisen in practice and analyze changes in judicial practice in 2022-2023. Methods. Classical methods are used. It showed high efficiency: a comparative legal, dialectical-materialistic method, formal-legal. Results. The list of intellectual property objects is expanding. New entrepreneurial activities are emerging, based on the collection of information and the creation of 3D models. Gaps in legislation lead to many years of litigation, unforeseen expenses, the inability to determine the outcome of a legal conflict. As a legislative proposal: to eliminate the identified problems, it is advisable to revise Article 1225 of the Civil Code of the Russian Federation "Protected Results of Intellectual Activity and Means of Individualization" taking into account those objects that have formed in the construction sector. Discussion. Actualization of problems in the terminology of the theory of law, which create difficulties in the application of legal norms in various types of legal activity. Increasing the importance and scientific value of interdisciplinary research. It is necessary to unify terminology affecting digital intellectual property objects in various branches of law. The protection of intellectual rights can be strengthened.

Rights of personal data subjects as a component of information human rights

In the preamble to the Constitution, Ukraine proclaimed its course towards European integration, which, in particular, includes cooperation in the field of information human rights protection - protection of personal data on the basis of approximation of national legislation to the strictest EU regulations.The article analyzes the concept of information human rights in the context of the rule of law, especially in the period of digital transformation. The main focus is on the actual enforcement of citizens’ rights and freedoms, including information rights. The article analyzes the state of research in the field of information law, in particular, the concepts of “information rights”, “rights to information”, “information freedoms”, as well as approaches to understanding information rights from the standpoint of various branches of law. The authors come to the conclusion that there are studies of the content of the relevant categories, but there is no study of the rights of data subjects themselves. The article examines the content of human information rights as a component of the legal status of a person in the State on the example of legal regulation of protection of the rights of personal data subjects in Ukrainian legislation and in the legal provisions of the European Union. When comparing the content of legal approaches to the regulation of common ideas in the presence of similar lexical constructions, the differences are revealed in the “spirit” of legal regulation: the European approach is characterized by anthropocentricity, human interests are the priority of regulation, and the grounds for exercising many of the rights of data subjects are their will, unlike national legislation, where the grounds for the emergence and exercise of some rights of personal data subjects are the facts of violation of other rights of these subjects.
 The article contains an analysis of the existing categories in the field of information rights, and provides a detailed analysis of the content of the elements of the concept of “personal data”, in particular, the concepts of: “human identification”, “identifiers in real life” and “identifiers in digital space”. The study suggests that the transformation of Ukrainian legislation in the field of personal data protection is still ongoing, which opens the way for further research in this area.

Общетеоретические и межотраслевые проблемы противодействия коррупции: современное состояние

Corruption is one of the main threats to the national policy of the Russian Federation, impeding socio-economic development, the effective functioning of public authorities and the formation of civil society. Corruption control should be carried out as a result of a systematic approach aimed both at identifying offenses and eliminating the causes of their occurrence. The main provisions of national legislation aimed at combating the socio-legal phenomenon under consideration, as well as the norms enshrined in international legal acts, are studied. It is concluded that the Russian legislation aimed at countering corruption activities is an interdisciplinary institution, as a result of which it is based on the norms of various branches of law, in particular, criminal, administrative, civil and others. One of the features of countering corruption in the Russian Federation is the use of the most stringent repressive measures, which is expressed in legal formalization and standardization. The trends in tightening measures of criminal and administrative legal means, sanctions for violation of restrictions and prohibitions, as well as strengthening control over ongoing anti-corruption activities are highlighted. As a result of the comparative legal analysis, it is noted that the corruption control in the Russian Federation is carried out through mandatory norms enshrined in criminal and administrative legislation, which is due to the complex corruption situation in the state.

The Role of Administrative Courts in Ensuring the Protection of the Rights of Children of Same-Sex Couples (in the Context of European Law)

The role of courts in the protection of individual and the so-called judicial lawmaking are theoretical issues of a major importance for legal practice (law application), as they concern the answer to the question of what a judge when the statutory provisions, in the opinion of the court, are outdated or insufficient in relation to the factual situation being resolved, due to ongoing alterations in social relations. The aim of the study is to point out the role of administrative courts in protecting the rights of children of same-sex couples. Contemporary phenomena operating on a European scale, such as open borders and migrations, pluralism of lifestyles, or the development in infotech and biotech (also medical technologies), are reflected in legal relationships regulated by various branches of law, including the norms regulating cases falling within the scope of cognition of administrative courts. They are also, inter alia, a source of problems in the title area related to the interpretation of such norms. Case-law can play an important role in both dynamically interpreting the law within social realities, unifying practice and rising the awareness of rights protection. The title subject is presented in the light of European law – primarily in the light of standards and principles of law, the sources of which are: traditions of European states and national law, inter- and supranational regulations and case-law of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU). It is worth noting that, as far as EU law is concerned, there has been no harmonisation or unification at the community (or Convention) level in this area due to lack of delegation the relevant competences to the European Union by the Member States. According to the principle of conferral, the Union can only act within the scope of its competence and has only as much competence as the Member States have conferred on it. Thus, all matters not explicitly indicated as EU competences remain under the autonomous regulation of the Member States. However, these title matters fall – indirectly – within the scope of the norms provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights – ECHR). The paper shows that administrative courts – which as a rule are to pass conservative and formalistic judgements – are able to refer to the value of flexibility in the law application, when it is necessary to grant protection to the rights of children of same-sex couples.

К вопросу о выделении принципа доверия в праве

The principles of law, as one of the fundamental legal categories, have been considered for many years by various legal scholars in a number of ways: new ones are identified, various classifications of principles are given, and existing ones are studied in more detail. The article considers the issue of attributing trust to a princi-ple of law, analyzes the classification of principles of law in general and the possibility of attributing trust to general legal, sectoral or intersectoral principles. When studying the question of the place of the principle of trust in the system of principles, the concepts of general legal, sectoral and intersectoral principles are given, and various branches of law are analyzed in terms of the presence of legal trust in them. The issue of depend-ence on the political regime in the state of the existence of the legal principle of trust is raised, a conclusion is drawn about the significance of the category under study as a principle of law for the state.

Legal status of the head of the health care institution

The article examines the administrative and legal status of the head of a health care institution. The content of the concept and theoretical provisions of legal status are analyzed, its types are defined.
 It was determined that the legal status of the head of a health care facility can be considered a special legal status, which, on the one hand, means that all heads of health care facilities have this status, and not a specific one. And on the other hand, this means that the special legal status is regulated by the norms of various branches of law, and not just one. However, differences in the legal status of managers of state and communal health care institutions and managers of private institutions lead to the conclusion that their legal status is characterized only by individual features.
 It has been established that the main special acts that determine the legal status of the head of a health care institution include the Fundamentals of Ukrainian legislation on health care, the Resolution of the CMU on approving the Procedure for concluding a contract with the head of a state, communal health care institution and standard contract forms with the head of the state, communal health care institution, as well as the Directory of the qualification characteristics of employees' professions.
 It was concluded that the rights and responsibilities of the head of a state and communal health care institution are characterized by similarity to the powers of an administrative body. The right of managers of such institutions is not exercised in the same way as the right of an individual is exercised, namely, on the basis of freedom of free choice, but on the performance of tasks and functions of the manager. That is, there is less variability in the choice of behavior. With regard to private health care institutions, the absence of a standard contract approved by a government act leads to greater variability in determining both the rights and duties of the manager, as well as the institution's management structure itself.

Legal regulation of relations of protection of personal non-property rights of servicemen in various branches of law

Armed aggression by the russian federation, where disputesare resolved withthe help of weapons, committing terrorist acts and other violent actions that cause death, maiming, damage to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity, is modern realities of Ukraine. In this situation, the National Security Strategy of Ukraine lists defense of independence and state sovereignty, restoration of territorial integrity within the internationally recognized state border of Ukraine, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens as priorities of Ukraine's national interests and ensuring national security. The most important role in solving the tasks of defense and security of the state belongs to military personnel who carry out military service - state service of a special nature.
 The efficiency and quality of military personnel activities depend on state guarantees in accordance with their socio-economic, legal, political situation and modern realities. Military personnel are subject to the norms of general legislation, therefore they have general rights, freedoms and obligations as natural persons.
 The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
 Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Legal regulation of trade secrets under the legislation of Ukraine and the EU

Today, the legislation of Ukraine on trade secrets is not systematized and has significant gaps. Relations regarding trade secrets are regulated by the several legal acts relating to various branches of law, and determine only the general principles of legal regulation of such relations. Detection of discrepancies in the legislation of Ukraine and the EU means that the legal protection of trade secrets in Ukraine is uneven and fragmentary, and therefore insufficient. The development of cross-border economic relations between economic entities of Ukraine and the EU requires a unified approach to solving the issue of protecting trade secrets, the absence of which requires studying these issues and developing practical recommendations aimed at approaching the legalregimes of protecting trade secrets in Ukraine and the EU.This article contains the analysis of the provisions of the legislation of Ukraine on the protection of trade secrets, international legal acts in this field and Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protectionof undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. As a result of the analysis, it was established that: in Ukraine, there is no special legislation on the protection of trade secrets; the concept of trade secret in Ukraine fully corresponds to the concept of a trade secret it the Directive (EU) 2016/943, as well as to the concept of an undisclosed information in the TRIPS Agreement. At the same time, the concept of trade secret in Ukraine needs to be clarified regarding one of the essential signs of trade secret. In addition, in the legislation of Ukraine there is no single approach to the use of the concept of knowhow, as well as regarding the assignment of know-how to IP.
 The legislation of Ukraine requires the implementation of the provisions of European legislation on the legal regulation of trade secrets, namely: not classifying trade secrets as IP objects, while it is an addition or an alternative to IP rights; allocation in the «trade secret» of two types of objects - know-how and business information; determination of reengineering by a fair way of identifying trade secrets; determining the conditions for the lawful acquisition, use and disclosure of trade secrets.