IMAGE OR IMITATION OF THE STATE COAT OF ARMS OF UKRAINE AND OTHER COAT OF ARMS WITH THE TRADEMARK: CONCEPTS, OBJECTS AND THEIR SIGNS, QUESTIONS, STAGES OF EXPERT RESEARCH AND THEIR CONTENT

Abstract

The publication is devoted to the current problem of forensic examination of intellectual property related to the image or imitation of state symbols, primarily the State Emblem of Ukraine. The main stages of formation and development of heraldry and approval of state coats of arms in Western Europe and Ukraine since the appearance of the first reliably known coats of arms in the XII century – to date. It is noted that Ukrainian heraldic traditions began to take shape from the end. XVI century, in the context of the establishment of the phenomenon of the Cossack state. And the State Emblem of Ukraine – “Sign of the Princely State of Volodymyr the Great” – Trident, – was first approved during the UPR in 1918 and revived after the proclamation of Ukraine’s independence in 1991. The conclusion is substantiated that the coat of arms (from the Polish herb – “heritage”) is a historically formed, according to the rules and requirements of heraldry, linear, three-dimensional or planar image, which embodies political, legal, military, socio-cultural, economic, geographical, status or generic features of the independent status of its owner (state, city or region, corporation or person or family), which is proclaimed or granted (given) in a legitimate manner in constitutions, special laws, other legal acts (charters, decrees, charters) and others and transferred by way of succession of the state, legal entities and individuals. It is concluded that the historically formed system of coats of arms in Ukraine is represented by: the state coat of arms; coats of arms of lands (regions, regions); coats of arms of cities; church, university, guild and other corporate emblems; private coats of arms. The issues of internal construction of coats of arms and heraldic figures, geometric-spatial arrangement and color of coats of arms are investigated. The issues of theory and practice of forensic examination of intellectual property on the image or imitation of the State Emblem of Ukraine and state emblems of foreign countries within the specialty 13.6 – “Research related to commercial (brand) names, trademarks and trademarks are considered services), geographical indications “. Attention is paid to the features of expert research of heraldic figures, symbols and signs, including those placed in state coats of arms. The grounds for submitting to the forensic expert the question: “Is the trademark XXX an image or imitation of the State Emblem of Ukraine?” Are substantiated. The main stages of such expert research, features of its carrying out by judicial experts are defined, and also the basic signs of objects of the corresponding expert research are established.