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Criminal Liability for Violation of Copyright and Related Rights

Student: Nazarenko Yana

Supervisor: Erik Valdes Martines

Faculty: Faculty of Law

Educational Programme: Information Technology and Intellectual Property Law (Master)

Year of Graduation: 2021

In the master's thesis on the topic "Criminal liability for violation of copyright and related rights", a description of the composition providing for criminal liability for violation of copyright and related rights is given (Article 146 of the Criminal Code of the Russian Federation). The work consists of two chapters, including five paragraphs, as well as an introduction, conclusion and list of references. In the first chapter, the objective features of criminal liability for violation of copyright and related rights are considered: the object of the crime, separately considered the objective side of the corpus delicti provided for in Part 1 and Part 2 and 3 of art. 146 of the Criminal Code of the Russian Federation. It is concluded that it is impossible to decriminalize Part 1 of Article 146 of the Criminal Code of the Russian Federation, which provides for criminal liability for plagiarism. As a way to increase the effectiveness of the norm provided for in Part 1 of Article 146 of the Criminal Code of the Russian Federation, it is proposed to introduce administrative prejudice. The second chapter is devoted to the consideration of the subjective features of the corpus delicti provided for in Article 146 of the Criminal Code of the Russian Federation and includes two separate paragraphs that examine the subject as an element of the corpus delicti and the subjective side. The paper analyzes the proposal to introduce criminal liability for legal entities and concludes that it is inappropriate to introduce criminal liability for legal entities in relation to Article 146 of the Criminal Code of the Russian Federation. Based on the theoretical study of each of the elements of the corpus delicti in close connection with the analysis of law enforcement practice, the paper identified possible reasons for the low effectiveness of the norm of Article 146 of the Criminal Code of the Russian Federation.

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