CONSTITUTIONAL COMPLAINT AS A MEANS OF ENSURING CONSTITUTIONAL GUARANTEES OF INTELLECTUAL PROPERTY RIGHTS
Abstract
The article examines the constitutional complaint as an important institutional mechanism for ensuring and protecting the constitutional guarantees of intellectual property rights in Ukraine under the conditions of the development of the information society, economic digitalization, and European integration processes. The relevance of the topic is conditioned by the need to enhance the effectiveness of constitutional and legal protection of intellectual property rights, which are violated not only due to imperfections in law enforcement practice but also due to the existence of legislative provisions that may be inconsistent with the Constitution of Ukraine. The aim of the study is a comprehensive analysis of the constitutional complaint as a means of ensuring constitutional guarantees of intellectual property rights, determining its role within the system of constitutional review, as well as identifying normative and practical issues affecting the effectiveness of its application, together with the formulation of proposals for their resolution. The methodological basis of the study includes general scientific and special legal research methods, in particular: the systemic-structural method for analyzing the place of the constitutional complaint in the human rights protection mechanism, the formal legal method for examining the provisions of the Constitution of Ukraine and the Law of Ukraine “On the Constitutional Court of Ukraine”, the comparative legal method for taking into account European experience of constitutional review, as well as methods of analysis and synthesis for generalizing scientific approaches and the practice of the Constitutional Court of Ukraine. It has been established that the constitutional complaint is an effective, yet still insufficiently implemented mechanism for the protection of intellectual property rights. The main problems have been identified, including the limitation of its scope exclusively to the laws of Ukraine, the complexity of admissibility requirements, the underdeveloped case law of the Constitutional Court of Ukraine in the field of intellectual property, and the shortcomings in the mechanism for enforcing its decisions. Particular attention is given to the impact of digitalization and emerging technologies on the transformation of intellectual property rights and the need for their proper constitutional protection. Directions for improving legal regulation have been proposed, including the expansion of the scope of constitutional complaints, the optimization of procedural requirements, the development of consistent case law of the Constitutional Court of Ukraine, as well as the harmonization of national legislation with European standards of human rights protection in the field of intellectual property.