Ukraine’s national legislation and the European Court of Human Rights’s case-law outline
Сopyright protection. Many cases exist where the public significance and damage from
copyright infringement entails holding the guilty person criminally responsible for the
transgression. Given copyright infringement cases do not reflect a predominant concern
over other crimes, a structured criminal prosecution mechanism does not exist. Thus, the
European Court of Human Rights’ legal positions and instructions intend to eliminate gaps
legally regulating criminal liability for copyright infringement. Hence, the legal regulation,
its gaps and ECHR case law impacts on Ukrainian practice were analysed. This structure
enabled proposing steps for improving legally regulating criminal liability for copyright
infringement in Ukraine.
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