MECHANISM OF PROVISION OF THE RIGHT TO FREEDOM OF CREATIVITY: DYNAMIC MEASUREMENT
OPOLSKA Natalya – Candidate of Legal Sciences, Associate Professor, Head of the Department
of Law, Vinnytsia National Agrarian University (21008, Vinnytsia, 3 Soniachna Str., e -mail:
The article analyzes the dynamic measurement of the mechanism of ensuring the right to freedom of
creativity through a set of processes that occur as a result of the functioning of the constituent elements. It
is concluded that protection, realization and protection are the procedural stages of the mechanism of
ensuring the right to freedom of creativity.
It is proved that the stage of protection of the right to freedom of creation is a set of legal measures
taken by international organizations, state bodies and public organizations aimed at preventing violations,
preventing, eliminating the causes that they cause and promoting the unhindered realization of the rights
and freedoms of the individual.
It is substantiated that the stage of the realization of rights and freedoms is the materialization of
the possibilities, conditioned by the content of the subjective right to freedom of creativity, which envisages
the direct activity of authorized entities, aimed at creating the necessary conditions for the transformation
of the declared social benefits into the state of their possible and actual use a specific person. It can
manifest itself in the use, exercise and observance of rights and freedoms. The peculiarity of this stage is
that its dynamics depends on the subjective will of the right carrier.
The stage of protection in the mechanism of ensuring the rights and freedoms of a person is analyzed,
and it is determined that this is a set of actions of authorized actors, in accordance with the procedure
established by law, in order to restore violated rights, compensation of damage, and prosecution of guilty
persons. It arises in the event of a threat to the right, infringement, non-recognition or as a result of violation.
The article states that the procedural stage of the protection of the right to freedom of creativity
includes: consolidation of preconditions, procedure and ways of exercising the right to freedom of creation
in the national legislation; establishment of legislative boundaries for the implementation of the right to
freedom of creativity; creation of conditions for optimal creative activity, encouragement to various forms
of creative expression, in order to fully demonstrate the creative abilities of the person; availability of new
technologies and modern forms of creative expression regardless of status, belonging to a certain social
or ethnic group, place of residence, etc .; promoting the exchange of creative ideas and mobility of subjects
of creative activity, overcoming stereotypes of the past and organizing the creative process; state support
for creation of a cultural product, innovations, development of new knowledge, creative industries that
meet modern challenges; assistance in creation and activity of organizations of creative workers (creative
unions and other similar associations); ensuring the conditions of work and employment of creative
workers in such a way that they have the opportunity to devote themselves to creative activity; provision
of appropriate conditions for realization of creative abilities in children and youth, promotion of the
development of artistic education, artistic culture as a means of formation of creative individuality,
qualitative preparation of creative personnel for professional activity in the field of literary, artistic,
scientific and technical creativity; promoting the growth of demand for the results of creativity in order to
enhance the person's ability to profit from creative activity; improvement of the taxation system taking into
account the peculiarities of creative activity; assistance in organizing legal education, raising the level of
legal culture, legal awareness in order to prevent violations in the field of intellectual property.
It is substantiated that the dynamics of the procedural stage of realization of the right to freedom of
creativity manifests itself in: the realization by the person of any kind of creative activity, in accordance
with their interests and possibilities; free choice of means for self-realization in the creative process;
realization of creative activity both on a professional and on a non professional basis; the pursuit of
creative activity on their own, or participation in the union of creative workers; possession, use and
disposal of the results of creative activity, etc.
It has been determined that the procedural stage of protection of the mechanism of ensuring the
right to freedom of creativity manifests itself in the active actions of the subject in the form of applying for
the protection of the right to freedom of creativity to law enforcement bodies, judicial authorities, the
Commissioner of the Verkhovna Rada of Ukraine on human rights; relevant international institutions or
bodies, public organizations, mass media, as well as active actions of authorized entities in order to restore
violated rights, reimbursement of harm, and prosecution.
1. Platon. (1993) Sobranie sochineniy: v 4-h t. [ Pod obsch. red. A.F. Loseva, V.F. Asmusa,
A.A. Taho–Godi] M. : Myisl, T. 2. 528 s[In Russia]
2. Kuznetsov I.A.(1983) Nekotoryie metodologicheskie voprosyi klassifikatsii vnutrennih funktsiy
sotsialisticheskogo gosudarstva [Voprosyi teorii gosudarstva i prava] Vyip. 7. [In Russia]
3. Fornel E.R. (1983) Funktsii sovetskogo obschenarodnogo gosudarstva po okazaniyu sotsialnyih
uslug [ Avtoref. Dis. kand. yurid. nauk ] spets. 12.00.02 «Konstitutsiyne pravo» [In Russia]
4. MIlova T.V.(2008) KonstitutsIyne pravo lyudini I gromadyanina na svobodu naukovoYi tvorchostI v
UkraYinI [Avtoref. dis. kand. yurid. Nauk]: spets. 12.00.02 « KonstitutsIyne pravo» [in Urainian]
5. Shaporeva D.S.(2007) Konstitutsionnoe pravo cheloveka i grazhdanina na svobodu tvorchestva
v sovremennoy Rossii [Dissertatsiya na soiskanie uchenoy stepeni kandidata yuridicheskih nauk] 12.00.02
Konstitutsionnoe pravo ; Munitsipalnoe pravo. Saratov [In Russia]
6. KolodIy A.M., OlIynik A.Yu. (2008) Prava, svobodi ta obov’yazki lyudini i gromadyanina v
Ukrayini Pidruchnik. K.: VseukraYinska asotsIatsIya vidavtsIv «Pravova EdnIst»[in Urainian]
7. Alekseev S.S.(1995) Teoriya prava. [Teoriya gosudarstva i prava: Uchebnik] Pod red.
M.M. Rassolova. [In Russia]
8. O.V. Zaychuka (2006) Teoriya derzhavi i prava. AkademIchniy kurs: pidruch [ Za red.
O.V. Zaychuka, N. M. OnIschenko. ] Yurinkom Inter [in Urainian]
Economy. Finances. Management: Topical Issues of Science and Practice ”presents on its pages the following topics:
- Theory and history of economic thought
- Development of productive forces and industrial relations
- Economics and efficiency of production and economic activity
- Economics of environmental management and protection of the environment
- Demography, labor economics, social economy and politics
- Innovative and investment activities
- Problems of economic and social policy
- Business and entrepreneurship
- Market. Pricing. Infrastructure
- Logistics and transport
- Management and marketing
- Mathematical methods, models and information technologies in economics
- Social sphere. Development of territories
- World Economy and Foreign Economic Activity
- Institutional problems of economics, finance, management and law
- Practical aspects of development of production systems and society
- Financial security and tax policy
- Accounting, analysis and audit
- The opinion of a young scientist
- Testing of economic research
- Economics, Finance and Management News
- Legislation news
- Publications on topical problems of economics, finance and management
The editorial board of the journal is guided by the principles of scientific, objectivity, professionalism, informational support of the most significant innovative researches, observance of standards of publishing ethics.
The purpose of the journal "Economics. Finances. Management: Topical Issues of Science and Practice »is the coverage of leading scientific ideas in the economic, financial and management activities of the sectors of the national economy and the involvement of representatives of the domestic and foreign scientific professional community.
Objectives of the journal:
- publication of research findings on innovation in the economy, financial and management spheres, innovation of production processes;
- expanding partnerships with international scientific publishing organizations;
- enhancing the culture of reviewing and annotating published material;
- adherence to editorial ethics.
Article publishing is a paid service. Cost for printing in professional publications in accordance with the Decree of the Cabinet of Ministers of Ukraine of August 27, 2010 No. 796 "On approval of the list of paid services that can be provided by state educational institutions, other institutions of the educational system belonging to state and communal ownership" and the order Rector of the Higher Education University Mazura VA dated March 14, 2018 No. 93 “On setting the cost of printing in professional editions of the University”.
The cost of printing one page in professional editions of the university is 60 UAH.
An additional copy of the magazine with the mailing list costs 250 UAH.
Recipient: Vinnytsia National Agrarian University MFO 820172 Current account No. 31256282102055 Code 00497236 Bank State Treasury Service of Ukraine, Kyiv. VAT payer code 004972302286. Registration number 100271744. Purpose of payment: for printing an article in the journal: ”ECONOMY. FINANCES. MANAGEMENT: topical issues of science and practice. "
It was founded in 1997 under the name "Bulletin of the Vinnytsia State Agricultural Institute". In 2010-2014 he was published under the title “Collection of scientific works of Vinnitsa National Agrarian University”.
From 2015 ”Economy. Finances. Management: Topical Issues of Science and Practice ”(Certificate of State Registration of Mass Media No. 21154-10954 of PR as of December 31, 2014)
The journal is the successor to the edition ”Collection of Scientific Papers of Vinnytsia National Agrarian University. Series: Economic Sciences. "