NON-CONTRACTUAL BASIS FOR THE TRANSFER OF EXCLUSIVE RIGHTS AND ITS INFLUENCE ON THE MECHANISM OF LEGAL REGULATION OF COLLECTION

The article is devoted to the study of non-contractual basis for the transfer of exclusive rights to the results of intellectual activity when foreclosing on the property of the copyright holder. This mechanism differs from contractual alienation, since it excludes the will of the copyright holder when deciding on the transfer of rights, choosing a successor and determining the terms of the transfer. Considering the influence of the non-contractual basis for the transfer of exclusive rights to other persons, the author comes to the conclusion about the existence of a structure of the mechanism of legal regulation of foreclosure on the property of the copyright holder. The purpose of the study was to identify the consequences of the inclusion by the legislator of the condition that when foreclosing on the property of the copyright holder, the exclusive right is transferred to another person without concluding a contract. Based on the conducted study, the author substantiated the structure of the mechanism of legal regulation of foreclosure on exclusive rights. In conducting further research, the author insists on the need for a systematic analysis of the legal means of the mechanism, regardless of the industry context – enforcement or bankruptcy proceedings. It is concluded that foreclosure on exclusive rights as a means of procedural law has the purpose of deriving a property benefit from the transfer of the exclusive right to another person, which also achieves the substantive legal goal – the transfer of rights itself.