Molchanov A.A., Аfanasyeva E.S. Right of Police Officer in Remuneration As Special Type of the Intellectual Rights

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.16

Alexander A. Molchanov

Doctor of Juridical Sciences, Professor, Assistant Professor, the Department of Civil Law and Civil Procedure, St.-Petersburg University of the Ministry of the Interior of Russia, Letchika Pilyutova St., 1, 198206 St.-Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Elena S. Аfanasyeva

Adjunct, the Department of Civil Law and Civil Procedure, St.-Petersburg University of the Ministry of the Interior of Russia, Letchika Pilyutova St., 1, 198206 St.-Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: in article the possibility provided by the legislator at the worker (author) of the right for remuneration for the work of science, literature or art created by it within labor duties is analysed. In the context of changes of the Civil Code of the Russian Federation the police officer, being the author of office work, also has the right to remuneration for the creative result created by it. Purpose: to analyze whether the legislator provided for the possibility of the employee (the author) the right to remuneration for created within the employment duties the work of science, literature or art. Methods: a methodological basis for this study is a set of scientific methods, among which of particular importance are the systemic method, analysis method and comparative legal method. Results: from the following it follows that the execution by police of their duties, including the implementation of intellectual activity, subject to the provisions of the labor law and in the scope of civil law are not included, the relationship of the transfer of property rights from the police to the employer are civil and are governed by civil law. Since h. 2 tbsp. 15 the Labour Code does not allow for the conclusion of civil-legal contracts which virtually govern the employment relationship of the employee and the employer, therefore, the employment contract may not cover him the signs of a civil contract, with supplement its terms of belonging of the rights to service the product does not remove these conditions which are originally inherent in them civil in nature.

Keywords: remuneration, office work, copyright, intellectual property, creativity, scientific activity.

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