Akimova, N.V. On the issue of efficiency of administrative legal means of fighting offences in the sphere of copyright

Abstract: The article concerns specific features of application of administrative legal means for the guarantees of the protection of legal formation of mechanisms for the legal protection of copyright, which would conform with the modern needs. Having analyzed the issue of role and place of administrative coercion within the sphere of fighting offences against copyright and grounds for its application, the author notes that administrative legal preventive measures in the sphere of copyright protection have some positive features, which are due to its comparative ease and fast implementation, allowing for operative reaction to the copyright violations. Additionally, application of administrative legal measures is possible in a number of cases, and in the copyright sphere in particular in a preventive way without the offences, which makes it more efficient towards both natural persons and legal entities. Also, the administrative decisions may be used in future as evidence of copyright violation by a respondent in a civil or an arbitration process. In the process of preparation of this article the author used the comparative legal method, sociological method of systemic analysis, comparative and historical comparative method, and the structural functional method. Discussing efficiency of administrative legal sanctions, it is noted that it depends both at their unavoidable and operative application, and their efficiency, which relates to the amounts of monetary fines. At the same time, the author states that higher sums of administrative fines should be regarded from a fiscal standpoint, that is, these measures should not be aimed at income into federal and regional budgets.

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