Balance of Rights and Freedoms in the Criminal-Law Protection of Copyright: is there a Problem of Excessive Criminalization
Abstract
Abstract. This article examines the issues related to the criminal-law protection of copyright and related rights in the context of seeking a balance between the necessity of intellectual property protection and the risks of excessive criminalization of social relations. The current state of Ukrainian legislation is analyzed, compared with European and international approaches, and key problems arising in the practice of offense qualification are highlighted. The study notes trends toward strengthening criminal liability and substantiates that excessive use of criminal-law measures without proper consideration of the principle of proportionality may lead to restrictions on individual rights and freedoms, which, in turn, contradicts the principles of a democratic society and international human rights standards. The article proposes an original perspective on improving criminal-law mechanisms to ensure a fair balance between copyright protection and the observance of fundamental freedoms. The purpose of the study is to identify problems in the enforcement of criminal-law protection of copyright, analyze the current edition of Article 176 of the Criminal Code of Ukraine, and determine ways to enhance criminal-law mechanisms in accordance with the principle of proportionality and European standards. The methodological framework comprises general scientific methods (analysis, synthesis, induction, deduction) and specialized legal methods (systemic, formal-legal, comparative-law), allowing for a comprehensive study of the issues. As a result, gaps in current legislation that hinder effective prosecution of digital infringements have been identified, a comparative analysis with foreign approaches has been conducted, and both positive innovations and controversial aspects of the proposed codification have been determined. Particular attention is paid to judicial practice, which demonstrates the risks of excessive application of criminal sanctions where civil or administrative mechanisms could be more appropriate. The scientific novelty lies in a comprehensive assessment of the problem of excessive criminalization in copyright law and in formulating criteria for distinguishing between different forms of legal liability. The practical significance is in providing specific proposals for improving criminal legislation, which can be utilized in legislative drafting, law enforcement practice, and the educational process in the field of intellectual property law.
Keywords: Criminal Code of Ukraine; intellectual property; related rights; copyright; criminal-law protection; criminalization; international standards.
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