Journal article Open Access
This article deals with the topical problems of defining, detailing and differentiating the corpus delictli in the sphere of protection against unfair competition, on the basis of the examples of offences given in Art.8 ‘Discrediting the entity’ and Art. 15-1 ‘Spreading misleading information’ in the Law of Ukraine ‘On Protection against Unfair Competition’. The aim of the research is to provide more detailed qualification and further systematization of the legislation that regulates the legal relations in the competitive environment.
The author makes the analysis of the components of the delicts described in Art. 8 and Art. 15-1 of the Law of Ukraine ‘On Protection against Unfair Competition’ (the subject, the object, the subjective and the objective parts), defines the peculiarities of each element in the frame of the given delict, including the offence purpose, ways and means of committing the crime, мета, способи, засоби вчинення, the injured party, caused damage and its influence on the specification of the act. Taking all the results into consideration, the author gives the comparative analysis of all the delicts in the sphere of unfair competition.
The author also analyses various theoretical and practical issues, gaps and contradictions existing in the current legislation of Ukraine, as well as in the scholastic works as to the differentiating and regulating the elements of the corpus delictli: scientists’ points of view, legislation norms and the conclusion of the Antimonopoly Committee of Ukraine. The work reveals the author’s own suggestion as to the definition and the peculiarities of the elements of the body of such delicts as discreditation of the entity (Art. 8) and dissemination of misleading information (Art. 15-1) as well as arguments for each position of the given elements. The author also focuses on the problem of differentiating the liability for committing delicts in the sphere of protection against unfair competition. It is offered to provide further codification of the legislation regulating legal relations in the competitive environment, which can make it possible to avoid gaps and confusions that are often present in a great number of current legislative acts. The article also highlights the issues that require more detailed analysis and may become the basis for further investigation in this field of law.