БАЗА ДАНИХ: ПРАВОВА ПРИРОДА ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ ТА ПРАВОМ ЄС

The article considers certain problematic aspects of the legal regime of databases under Ukrainian and EU law. It has been established that the Law of Ukraine "On Copyright and Related Rights" pays sufficient attention to the legal regulation of relations related to the acquisition, exercise and protection of rights to databases. It has been proven that databases as an object require more thorough and systematic legislative regulation by adopting a separate legislative act, which should comprehensively determine the legal regime of databases. It has been substantiated that the characteristics of a database include: it is a collection of works, data or any other information; these works, data and/or information are contained in an arbitrary form; systematization of works, data, information, or their arrangement; the presence of a special search system to ensure access to works, data, information (which may function including, but not exclusively on the basis of electronic means); it is a predominantly digital object. The influence of modern technologies on the transformation of the form of existence of a database as an object is proven (there has been a gradual evolution of the database from a paper to an electronic form of existence, moreover, the electronic form has almost completely replaced the «paper» database). It is substantiated that due to the development of technologies and innovations, the opportunities of both authors and users of the digital environment have expanded, who have received new ways of using digital content, which can also be contained in databases (which are usually in electronic form). It is established that it is necessary to distinguish between the rights to a database as an object and the rights to objects that are part of the database as its constituent parts. It is established that the legal protection of a non-original database through the mechanism of a special kind of right is aimed at protecting the database as a certain digital object, which can also be used by the person who created it, as well as by other persons (users), who, in order to acquire the status of a legal user, must obtain permission to use it from the person who created such a database. It is substantiated that the norm that databases created to systematize data that is public information in accordance with the Law of Ukraine «On Access to Public Information» are not subject to a special kind of right (sui generis) requires specification, since it is unclear what legal regime applies to the specified databases, who owns the rights to the databases and how to exercise them. It is proved that a special law on databases should regulate the features of the exercise and protection of rights to databases in the digital environment, which is especially relevant in the conditions of the rapid development of technologies and innovations. [ABSTRACT FROM AUTHOR]