The article presents the issue of compliance of the Polish Constitution with the Act of 11 September 2015 on the entitlement to the property of the Holiday Employee Fund (Dz.U. No. 1824). The author presents the origins of the organization, and what changes have taken place in its legal status. The Act regulating the status of assets after Holiday Employee Fund was declared unconstitutional in 1997. The legislator had to regulate this issue again, which did not happen until 2015. The author estimates the new regulation based on the constitutional principles of protection of property rights, democratic rule of law, non-retroactivity and certainty of real estate transactions.

The article is devoted to the coverage of the issue of criminal - legal protection of intellectual property at the present stage of state development. Some issues of optimization of the ratio of criminal – legal and civil – legal protection of intellectual property, the issue of differentiation of criminal – legal protection of personal non-property and / or property rights of intellectual property to literary, artistic and other work (copyright) and personal non-property and / or property intellectual property rights for performance, phonogram, videogram and program (transfer) of broadcasting organization (related rights). Unambiguous interpretation, logical wording in determining the signs and boundaries of socially dangerous acts and a clear relationship with other legal norms inevitably affect the correctness of law enforcement, provided that the legal constructions cover legal relations enshrined in the form of criminal offenses, delimiting criminal behavior from other actions and inaction . However, the effectiveness of the mechanism and legal effectiveness of criminal – legal protection of intellectual property, the quality of the relevant criminal – legal prohibitions and their qualified and active application should be recognized as more significant in terms of functional purpose and impact on legal relations. Thus, of course, the process of combating crimes against intellectual property directly depends on the degree of effectiveness of law enforcement agencies, both international law and legislation of Ukraine, as well as methods and techniques of intellectual property protection, which also contributes to the modern development of civil law, criminal law and procedural institutions of regulation and protection of intellectual property rights in view of the dynamics of such crimes, their type of affiliation, as well as persons who may be involved in their commission. At the same time, there is no doubt that even perfect criminal law prohibitions cannot completely replace the professionalism of a law enforcer, his technical equipment, his knowledge of regulatory legislation and high-quality investigative and operational-investigative activities.

Security Proprietary Rights: Legal Nature, Functions, Types

The article is devoted to the study of security proprietary rights to ensure the fulfillment of engagements. The institute of security rights, its regulation under the current legislation of Ukraine and individual countries is analyzed. The legal nature and specific features are determined, the functional load of the methods of ensuring the fulfillment of engagements is clarified and the characteristics of the engagement-legal and real-legal types of security are characterized. Material security encumbrances on the debtor’s property rights, resulting in the „right of succession”, which is to accompany the encumbrance on the thing in the event of its transfer to other owners. The elements of the binding legal relationship are described. Civil turnover requires an effective system of precautionary measures of both binding and substantive nature, due to the need for legal remedies aimed at the proper performance of the parties to their contractual engagements. Along with the engagements, an important place is occupied by the material types of securing contractual engagements, where their main purpose is to give the creditor confidence in the satisfaction of their property interests in case of non-performance or improper performance of engagement by the counterparty. The grounds for the right of the creditor to satisfy property claims on the subject of material security are investigated. A pledge or mortgage may arise on the basis of a contract, law or court decision. The creditor’s claims on the mortgaged property can be satisfied in several ways: foreclosure on the mortgaged property through its sale or transfer of ownership of the mortgaged property in case of default by the debtor of the engagement secured by the pledge. The right of retention is considered, which is realized through the incentive of the debtor to fulfill the engagement by lawful possession of the thing by the creditor until the proper performance of the engagement by the debtor. The right of retention as a form of ensuring the proper performance of an engagement is included in the provisions governing the performance of certain contracts, including contract type, provision of services, commissions, etc. Security rights arise before the breach of the engagement and depend on the proper performance of the contractual engagement. The collateral gives the creditor the right to receive property satisfaction from the subject of collateral in case of non-performance of the engagement due to the debtor’s fault. The analysis and brief description of the types of security property rights is carried out. Theoretical conclusions on the researched questions directed on improvement of regulation of the security rights in the civil legislation of Ukraine are formulated.