Особливості правового режиму результатів творчої, інтелектуальної діяльності, створених при здійсненні повноважень підрозділами сектору безпеки і оборони

The author determines the legal regime of the results of creative and intellectual activity created in the exercise of powers by the security and defense sector units in the context of existing developments and the regulatory framework. Attention is drawn to its projection into the areas of security and defense legislation, intellectual property rights, and state secrets. The author establishes that legal regulation of public relations in this area is associated with the exercise of powers by employees of bodies and units within the framework of ensuring national interests, in particular, during military service, which justifies the need to find a compromise between the interests of the author, users and the State in the context of existential challenges to the existence of the latter. The author divides the content of intellectual property rights in relation to such service intellectual property objects, which is quite differentiated depending on the attribution of such a result of creative and intellectual activity to the relevant group of objects, as well as their nature. It is established that in order to achieve a compromise in the conflict of private and public interests (in the field of intellectual property and national security), the rights of the subjects of such relations are restricted with appropriate compensatory mechanisms. The author analyzes the draft law No. 13111 dated 17.03.2025 “On Amendments to Certain Legislative Acts of Ukraine on Intellectual Property Rights to Objects Created in Connection with Military Service”, which provided an opportunity to express the author’s own proposals for improving the legal regulation of the legal regime of such objects and the legal status of the relevant subjects of intellectual property rights. In this regard, it is proposed to systematize the material set out in the draft law, where the norms that should be directly reflected in the legislation on the legal status of security and defense sector entities, the Law of Ukraine “On National Security of Ukraine”, civil legislation at the level of a law or a bylaw should be identified. At the same time, it is necessary to ensure compliance with the principle of legal certainty and avoid excessive lawmaking.