Conceptual problems of understanding scientific and technical information in the framework of civil legislation. Social and Legal Studios

Abstract

The significance of the research is established by the distinct legal structure encompassing scientific and technical information as a matter of civil rights. This framework is crucial for the progress of science and technology, not only within particular domains, but also on a national scale. The publication seeks to offer a thorough comprehension of the notion of scientific and technical information as a separate topic within the realm of civil rights and to highlight the distinctive attributes of this category and pinpoint any deficiencies in the current legal structure. Furthermore, the publication seeks to present remedies to rectify any discrepancies in legislation. The research was conducted using various primary methodologies, such as analysis, synthesis, formal-logical reasoning, and system-structural analysis. The publication comprehensively analyses the general normative understanding of “information” contained in the Civil Code of Ukraine and Law of Ukraine “On Information” and the consistency of this concept with the term “scientific and technical information” established by Law of Ukraine “On Scientific and Technical information”. The scientific novelty is characterized by the proposal to distinguish a system of general and special features of scientific and technical information. It is suggested that the form of existence and the method of recording this type of information be attributed to the general characteristics, and the content of information and/or data and the method of obtaining it to the special ones. Turning to Law of Ukraine “On Scientific and Scientific and Technical Activity” it is worth noting that the inconsistency of the provisions of this normative legal act with such a special feature of scientific and technical information as the method of obtaining it. The publication explores the correlation between the terms “information” and “data”. The research validates the theory that scientific and technical information can be subject to intellectual property rights, such as copyright and industrial property rights. The author's work proposes a legal framework to define scientific and technical information at the legislative level. This is achieved through the use of the legal term “obtained in the course of scientific work”