Violation of copyright and related rights: criminal law characteristics and features of judicial proceedings

The article analyzes the issue of the criminal-legal characteristics of copyright and related rights violations through the prism of legislation on criminal liability for infringement of intellectual property relations and the peculiarities of judicial proceedings. Attention is paid to the objective and subjective features of the crime stipulated in Art. 176 of the Criminal Code of Ukraine. The main tasks of the state to improve the criminal-legal protection of intellectual property rights are indicated, which, first of all, are the proper legal protection of the intellectual capital of the nation. This will ensure the possibility of further sustainable socio-economic and cultural development of the state. Attention is focused on the fact that the protection of rights to intellectual property objects depends on the perfection of the regulatory and legal framework, the formed infrastructure of the national system of legal protection of intellectual property, including criminal-legal means. It is emphasized that further improvement of the mechanisms for the application of norms for the protection of the rights of authors, inventors, creators, and rightholders will ensure the appropriate level of the country's economy. Correct qualification of criminal offenses in the field of intellectual property, as well as their separation from related criminal acts will ensure the fulfillment of the tasks facing law enforcement agencies in combating crime. The legislation of Ukraine and other regulatory legal acts aimed at regulating relations in the field of intellectual property are analyzed. The absence of the concept of «financing» of illegal actions in this area directly in the Law of Ukraine «On Copyright and Related Rights» dated 12/23/1993 No. 3792-XII (as amended on 11/04/2018) is indicated. «Financing of piracy» is a new type of crime and it is obvious that an analogy to the financing of terrorism will be applied. Similarly, the principle of financing will be applied as indirect financing and acquisition of stolen goods. Therefore, appropriate law enforcement practice should be formed. An explanation is given of what a pirate website is. This is a site that violates copyright and related rights using the Internet. And also, can the actions of the advertising platform MGID, regarding the placement of advertising on sites and payment for said advertising, be considered unlawful, based on the possible violation by the sites themselves or their owners of the norms of Ukrainian legislation.