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EXPERTISE OF FINE ART WORKS AS OBJECTS OF COPYRIGHT: GENERAL PROVISIONS AND APPROACHES TO THE SOLUTION OF EXPERT PROBLEMS

DOI: https://doi.org/10.33994/kndise.2021.66.90

N. Kisil

When considering disputes over copyright infringement on works of fine art, it becomes necessary to establish the fact of the use of works. In Ukraine, the study of properties, features, patterns of creation and use of works of art as objects of copyright is included in the subject of expertise in the field of intellectual property.
Based on generalization of expert practice, the main tasks of forensic examination of works of fine art have been identified. They are:
– definition in the research object of the characteristics of the copyright object;
– determination in the object of research or part of it (including the name) of the signs of originality and creative nature;
– establishment of the fact of reproduction of a work or part thereof, which has an independent meaning; establishment of the fact of processing of a work.
As a result of the research, approaches have been developed to solve expert problems related to works of fine art. The main approaches are highlighted by examples of the study of animated characters and paintings.
The following algorithm of actions is proposed when establishing the fact of reproduction of works of fine art – characters:
1) to analyze the properties and characteristics of the objects under study;
2) highlight the elements that relate to the elements of the form and content of the work;
3) identify common and distinctive features; conduct its comparative analysis;
4) to find out the nature of changes in the attributes of these objects;
5) to establish whether the coinciding attributes form a set that is sufficient to identify a certain object.
Based on the results of the study, the author concludes that when establishing the fact of reproduction or processing of a work of painting, special attention should be paid to the analysis of coincidences and differences in the elements of the form and content of the studied works. If you find matches in the elements of the form, it is necessary to determine whether these elements are individualizing for this work (whether they are original). When it is established that the found coincidences in the elements of the studied works of painting are due to the reflection of objective reality (properties and features of the objects of the image), the use of generally accepted (standard) techniques and methods of creation, there will be no reason to conclude that there is a reproduction or processing of the work. Such elements do not individualize the work of a particular author (they are not original) and, according to the provisions of copyright, can be freely used in the works of different authors.

Key words: a work of art, a work of painting, a character, an object of copyright, reproduction of a work, processing, intellectual property, forensic examination

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SUBJECTS OF SCIENTIFIC AND METHODOLOGICAL SUPPORT OF EXPERTISE IN THE SPHERE OF INTELLECTUAL PROPERTY

DOI: https://doi.org/10.33994/kndise.2021.66.89

R. Kirin

The article is devoted to the definition, based on the analysis of scientific publications and the prescriptions of domestic legislation, the subject composition of forensic relations and relations in the field of intellectual property, which directly or indirectly participate in the regulation, management, development, use and improvement of scientific and methodological support of forensic expert activities in the field of intellectual property.
It has been established that at the legislative level the following are identified:
– subjects of organizational relations of departmental scientific and methodological support of forensic expert activity;
– subjects of coordination and publishing relations of interdepartmental development of forensic examination;
– subjects of the relationship of attestation and state registration of methods of conducting forensic examinations.
It is proposed to distinguish between the following types of object-subject warehouses: 1) objects that need support (forensic expertise, forensic examination, expert proceedings); 2) objects that meet the needs of the corresponding level of action (scientific and methodological benefits); 3) entities in need of support (forensic institutions, forensic experts) 4) entities that provide for the needs (ministries, advisory bodies, forensic experts). It has been suggested that the subject requiring collateral can be simultaneously the subject performing this collateral.
The expediency is argued and the differentiation of subjects of scientific and methodological support of forensic expert activity in the field of intellectual property on the following integration levels is proposed:
– national (regulatory, managerial, judicial);
– sectoral;
– production (state, private);
– territorial;
– public (permanent, temporary)
– self-regulating;
– direct (personal, collective, employee, manager)
– functional (organizational, managerial, controlling, security, executive, reporting).

Key words: scientific and methodological support, forensic activity, subjects, intellectual property, forensic expert.

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FEATURES MERCHANDISING RESEARCH OF FUR PRODUCTS

DOI: https://doi.org/10.33994/kndise.2021.66.88

L. Zhylenko, I. Novytska

Today, the range of fur products on the market is formed mainly due to the products of foreign manufacturers. Every year it is more and more difficult for a consumer to find a product of appropriate quality, since retail chains include in their assortment low-quality goods, the manufacturers of which do not fulfill the quality and safety requirements according to domestic regulatory documents.
The purpose of this article is to study features that affect the quality and grade of fur and finished fur products, study defects and its impact on products, draw up a consistent scheme for researching fur products, analyze consumer properties and evaluate the quality of fur products using mink coats as an example.
A merchandising expert examination of fur goods when determining its market value consists in classifying the goods as one of the classification categories, determining the characteristics of the goods and changing its quality indicators, and establishing the production method. The variety of semi-finished fur products is determined in accordance with the quality of the fur, depending on the maturity of the hairline, the presence of defects, the definition of ridge, size and other characteristics that significantly affect the quality and price of fur raw materials.
The use of the proposed scheme for the study of fur products will allow determining quickly the type, quality and grade of fur and finished fur products, to prevent errors in determining the market value of fake, artificial, dyed and low-quality fur

Key words: fur, range, variety, defect, product identification, fur semi-finished products, algorithm.

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ANALYSIS OF PRICE PROPOSALS FOR THE NEW GOODS

DOI: https://doi.org/10.33994/kndise.2021.66.87

O. Syrota

In this article, the issue of setting the market value of the new goods is examined. Inclusion of price proposals for all new goods to the analysis of price proposals results in setting a wrong market value. The new goods category includes many of the goods, which significantly differ by their prices and groundlessly influence on the market value. In fact, these goods are not new but they may be taken by mistake in the analysis of the price proposals.
When carrying out a forensic merchandising examination with a new product, you should carefully check the product, at a price significantly lower. If it is established that it belongs to the refurbished goods, it is impractical to include it for comparison.
Based on the above analysis, we can conclude that in order to establish objectively the market value of new goods, it is necessary to take price proposals for the first and second groups of goods, which were determined at the beginning. Goods belonging to the third group should not be included in the analysis, as this may affect the correctness of the market value determination.

Key words: renewal, marking, refurbished, defect, samples, damages, goods

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FEATURES OF CONDUCTING RESEARCH ON CASES RELATED TO THE ACCRUAL AND PAYMENT OF AVERAGE EARNINGS FOR THE PERIOD OF FORCED ABSENTEEISM IN THE CASE OF THE ILLEGAL DISMISSAL OF AN EMPLOYEE

DOI: https://doi.org/10.33994/kndise.2021.66.86

O. Kandiral

The article discusses the features of research on the validity of the calculation and payment of average earnings for the period of forced absenteeism in the case of illegal dismissal of an employee. For the purpose of this scientific study, it is the formation of a unified approach in conducting forensic economic examinations in cases related to the calculation and payment of average earnings for the period of forced absence for the illegal dismissal of an employee.
The article systematizes the regulations governing labor relations in Ukraine. The advantages and disadvantages of applying the current labor legislation in practice are described and analyzed. The author points out the need to concretize and generalize legal norms in order to implement the principle of legal certainty, modernize outdated provisions of the Labor Code of Ukraine in order to take into account the labor legal relations that currently exist, business customs and avoid possible abuse of their rights by both the employer and the employee.
The urgency of this problem and its impact on the growth of the national economy are noted. The questions of the search for the solution of the problems facing the forensic economic examination regarding the accrual and payment of average earnings for the period of forced absence from the illegal dismissal of an employee are raised.
The article systematizes and summarizes the forensic and expert practice, which made it possible to draw conclusions about the ambiguous interpretation of the law, which in turn leads to disputes between the employer and the unlawfully dismissed. Then reinstated, hired employee regarding the accrual and payment of average earnings for the period of forced absenteeism upon his/her illegal dismissal.
The author sets out the methodological principles of conducting forensic examinations in cases related to the calculation and payment of average earnings for the period of forced absence from the illegal dismissal of an employee, the subject, tasks and objects of the examinations are determined.
The result of the work done, the author proposed an algorithm for the sequential actions of an expert during forensic economic research on the validity of calculating and paying average earnings for the period of forced absenteeism in the event of illegal dismissal of an employee.
The results of the article can be used by judicial and law enforcement agencies during the investigation and consideration of cases, the subject of which is the establishment of facts of compliance by employers with the requirements of the current labor legislation, in expert practice, during scientific and methodological work, as well as in further scientific developments on these issues.

Key words: forced absenteeism, wages, illegal dismissal, employee, average earnings, actually employed basis, economic examination.

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ON THE EXPERT’S COMPETENCE IN SOLVING THE TASKS OF FORENSIC AND ECONOMIC EXAMINATION ON ISSUES LAND PAYMENT CALCULATIONS

DOI: https://doi.org/10.33994/kndise.2021.66.85

I. Syvova

The article is devoted to the study of issues arising in the conduct of examinations and expert studies related to the determination of the amount of payment for land (rent and land tax).
The purpose of the article is to determine approaches to conducting an expert economic research, when solving problems of calculating land payments. Approaches to documentary and regulatory confirmation of the formation of payments to the budget, the fulfillment of civil and economic and legal obligations have been systematized.
Payment for land is a set of payments provided for by legislation or an agreement, paid by individuals and legal entities in connection with the exercise by them of the rights of the owner or user of a land plot.
The purpose of the conducted expert economic research in solving the problem of calculating land payments is documentary and regulatory confirmation of the formation of budget revenues, the fulfillment of civil and economic and legal obligations and creates significant interest for further scientific research.

Key words: land, land plot, rent for a land plot, land tax, legal and monetary valuation of a land plot, lease agreement.

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ISSUES OF ECONOMIC EXAMINATION IN CRIMINAL PROCEEDINGS

DOI: https://doi.org/10.33994/kndise.2021.66.84

M. Poliennikov, O. Buhaienko

The authors have convincingly demonstrated that the timeliness of the appointment of a forensic economic examination, the precise formulation of questions and the identification of an exhaustive list of objects submitted to the expert for study are of great importance for the objective and comprehensive investigation of crimes.
The implementation of these proposals will not only optimize the process of appointing and conducting a forensic economic examination, but will contribute significantly to the efficiency of the investigation and judicial review of criminal proceedings. In the authors’ view, improvements in the detection, investigation and prevention of crimes through the lens of scientifically grounded forensic expert activity will contribute to the improvement of the efficiency and quality of the execution of forensic examinations.
Without any doubts, the development of forensic science as an institution of evidence and procedural law cannot take place without scientific discussion, discussion of the results of scientific research, exchange of views and practical experience, which will make it possible to find optimum criteria for solving current problems.

Key words: forensic examination, expert conclusion, evidence, forensic economic examination.

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FEATURES OF CONDUCTING FORENSIC AND ECONOMIC EXAMINATIONS RELATED TO THE FINANCIAL POSSIBILITY OF ENTERPRISES AND ORGANIZATIONS TO REPAY SALARY

DOI: https://doi.org/10.33994/kndise.2021.66.83

M. Rudaia, M. Zholobetska

The article is devoted to the generalization of approaches to conducting expert examinations and expert studies of late payment of wages. The main problems of non-payment of wages were discovered and identified and cases of illegal payment of wage arrears in violation of labor law norms were considered.
The features of conducting forensic economic examinations related to the determination of the financial ability of enterprises to repay wage arrears have been studied. Based on the expert practice, the questions are summarized that are often posed to experts, pre-trial investigation bodies and the court during the investigation of criminal proceedings initiated under Article 175 of the Criminal Code of Ukraine, the subject of expert examinations of this category is formulated and the classification of objects and the purpose of expert research is given. A list of documents has been determined that must be provided to an expert for conducting a study in accordance with the applied methods and selected methods.

Key words: salary, wage arrears, collective agreement, to repay salary.

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MODERN ASPECTS OF FORENSIC ECONOMIC EXAMINATION IN THE REPUBLIC OF MOLDOVA

DOI: https://doi.org/10.33994/kndise.2021.66.82

V. Gurin, S. Lupu, I. Lopatenko

The article deals with the legal and methodological aspects of conducting economic and financial forensic examination in the Republic of Moldova, including the main tasks and issues solved by these types of forensic examinations, as well as a new type of forensic examination: engineering and economic. In this article, it is emphasized that the purpose of the general theory of economic and financial forensic examination in the Republic of Moldova is, first of all, to systematize the categories of all types of economic and financial forensic examinations accumulated to date in the Republic of Moldova. The concept of the subject of examination, objects of research, expert tasks, special knowledge of an expert, the concept of expert competence and competence, technology of expert research and many others.

Key words: financial and economic examination, engineering and economic examination, economic examination, forensic accounting examination.

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TO THE ISSUE OF DETERMINING THE MARKET VALUE OF COMPANY SHARES WITHIN THE FRAMEWORK OF FINANCIAL AND ECONOMIC EXAMINATION

DOI: https://doi.org/10.33994/kndise.2021.66.81

K. Mamikonyan

The purpose of the study is to develop recommendations for determining the market value of the company’s shares within the framework of financial and economic examination. The article reveals the main features of using a set of approaches for determining the market value of shares included in the cost method. The factors influencing the market value of shares are also given, which are mainly taken into account by an expert in the course of determining the market value of a company’s shares in the production of financial and economic examinations.

Key words: valuation of a share, market value, cost approach, net asset value method, liquidation value method, fair value, financial and economic examination.