University Scientific Notes https://unz.univer.km.ua/ en-US Wed, 31 Dec 2025 00:00:00 +0000 OJS 3.1.2.4 http://blogs.law.harvard.edu/tech/rss 60 Protection of Intellectual Property Rights in the Field of Circulation of Cryptocurrency in Digital Markets https://unz.univer.km.ua/article/view/107_4-19 <p>The article examines the legal, technological, and international aspects of protecting intellectual property rights in the sphere of circulation of cryptocurrencies, in particular Bitcoin and Ethereum, and USDT on digital markets. The features of the prospective legal regulation of the circulation of cryptocurrency assets on digital markets are considered. The need to create a separate legal regime for a certain type of cryptocurrency, which differs from the legal regulation of monetary, currency circulation, securities circulation, and other types of assets, is determined. The rapid legalization of cryptocurrencies in leading jurisdictions contributes to the growth of asset circulation in these markets and, accordingly, there is a need to introduce and improve legal regulation and patent protection of intellectual property rights. It is important to understand that if the code itself is protected by copyright, then technological solutions can be objects of patent law provided that they meet the patentability criteria. At the international level and in leading countries of the world, the content of regulatory regulation and law enforcement practice indicates the patentability of blockchain technologies. The legal aspects of patent protection of cryptocurrencies and blockchain technologies are studied in the context of the development of the digital economy and the formation of digital markets. The limits of recognizing cryptocurrencies or related technological solutions as objects of patent law are analyzed, and the main barriers on this path are identified, related to the decentralization and anonymity of cryptocurrency turnover, its cross-border nature, the complexity of proving the inventive step due to the open nature of many blockchain developments, the uncertainty of the legal status of cryptocurrencies in most countries and direct objects of patenting in the cryptocurrency environment, the transience of innovations in the field of digital finance. The directions of development of regulatory influence in the field of patenting of blockchain solutions, the prospects of adapting Ukrainian legislation to the challenges of digital markets, its harmonization with the norms of European legislation, and improving law enforcement in Ukraine are identified.</p> Valeriy POLYUKHOVYCH Copyright (c) 2025 University Scientific Notes https://unz.univer.km.ua/article/view/107_4-19 Wed, 29 Oct 2025 00:00:00 +0000 Legal Protection of Works Generated by Artificial Intelligence Systems https://unz.univer.km.ua/article/view/107_20-28 <p>The article examines the most promising models of legal protection for works generated by artificial intelligence (AI), taking into account the specifics of copyright law and the dynamics of technological development. It is established that due to the anthropocentric approach to authorship, the legislation of most countries does not ensure copyright protection for AI-generated works. Even the concept of computer-generated works, introduced in the legislation of some jurisdictions, does not fully resolve the complex issues arising from the creation of works involving AI. However, it grants authorship to those who develop and operate AI systems. In contrast, another concept treats AI-generated works as part of the public domain. While this approach may benefit society as a whole, it proves disadvantageous for those who invest in and utilize AI systems. The article also analyses the emerging concept of “electronic persons,” which proposes attributing legal personality to autonomous AI systems. This approach is considered more flexible, as it allows the AI system itself to hold copyright, while enabling the owner to exercise control over its implementation. However, this model requires further technological progress and legal recognition, potentially linked to the development of Artificial General Intelligence (AGI). Attention is drawn to the fact that Ukrainian legislation already contains norms regulating relations concerning AI-generated objects, granting them a sui generis form of protection. However, such protection applies only to non-original objects and does not include moral rights. Therefore, the article emphasizes the insufficiency of the existing regulatory framework and the need to improve it, taking into account technological developments and international legal trends.</p> Yurii BURYLO Copyright (c) 2025 https://unz.univer.km.ua/article/view/107_20-28 Wed, 29 Oct 2025 00:00:00 +0000 Reconsidering the Methodology of Civil Procedural Law in the Conditions of Global Integration And Digitalization of Judicial Procedure https://unz.univer.km.ua/article/view/107_29-39 <p>Global processes of international integration and deepening cross-border cooperation, coupled with the digitalization of the judiciary, necessitate a fundamental rethinking of the content and structure of the methodology of civil procedural law. The methodology currently employed is not fully capable of comprehensively revealing the subject of research in all its diversity and integrity, as it is somewhat outdated and fails to account for the self-development of procedural law and contemporary societal realities. In practice, this leads to numerous problems created by methodologically unjustified innovations within civil procedural law. This research aims to define the structure and characteristics of the methodology of civil procedural law at the current stage of legal science development. All methods of scientific cognition were utilized to achieve this objective. It is emphasized that the pluralistic approach to the structure of scientific methodology is the most relevant to the needs of modern legal science. According to this approach, hierarchical links between methodologies, techniques, and methods are neutralized, acknowledging the inherent value of each specific methodology, technique, and method, both individually and in combination with others. Based on the analysis of doctrinal works (including legal doctrine) and the author’s practical experience in civil procedural activities, the methodology of the science of civil procedural law is defined as a system of methods used to obtain new knowledge and to improve and complement existing knowledge about the objects that constitute the subject of scientific cognition within civil procedural law. The structure of civil procedural law methodology includes general scientific, general legal, special (specifically legal), and innovative research methods (methodological innovations). Overall, the rapid development of digital technologies and other transformational processes in Ukrainian society and law, caused by the war, necessitate a revision of the methodology of legal doctrine in general, and civil procedural law in particular.</p> Nadiia BONDARENKO-ZELINSKA Copyright (c) 2025 https://unz.univer.km.ua/article/view/107_29-39 Mon, 10 Nov 2025 00:00:00 +0000 Systematization of Non-State Entities of Crime Prevention in Ukraine https://unz.univer.km.ua/article/view/107_40-49 <p>The article is devoted to understanding the need to organize and systematize non-state subjects of crime prevention, to comprehend their role and methods of participation in preventive activities. The relationship between the functional capabilities of non-state subjects of preventive activities and their place in the system of non-state subjects of crime prevention as a whole is studied. The scientific approaches to the systematization of crime prevention subjects are analyzed, their consideration by scientists as a list of individual subjects, and their unification into a holistic system. The importance and expediency of applying a systemic approach to resolving the issue of the place of non-state subjects of crime prevention in the general structure of crime prevention in Ukraine are argued. It is determined that the sphere of influence of non-state subjects of crime prevention is much wider than state influence, and the methods of carrying out activities are more diverse and flexible. The article also highlights the problems and prospects of systematization of non-state sector entities in the field of crime prevention. Recommendations are also provided for improving legislative regulation and protecting the capabilities of non-state entities in the field of crime prevention. A correlation is made between ensuring the legal framework and organizational principles of the activities of non-state entities of crime prevention on a par with state entities and the effectiveness of their activities. The first stage in legislative support is proposed as the systematization of non-state entities of crime prevention. It is proven that when systematizing non-state entities of crime prevention and distributing their competence, criteria, and methods developed in relevant modern scientific sources should be applied. Further steps towards systematizing non-state entities of crime prevention and including them in the general system of entities carrying out preventive activities are clarified. Priority areas for further development of the non-state sector in Ukraine and the possibility of including non-state actors in the general system of crime prevention actors, with the possibility of establishing relationships and inter-functioning of state and non-state actors, are proposed.</p> Anna BIELIAKOVA Copyright (c) 2025 University Scientific Notes https://unz.univer.km.ua/article/view/107_40-49 Tue, 11 Nov 2025 00:00:00 +0000