GUESTWRITING AS A PHENOMENON IN THE LEGAL FIELD

Abstract

The research methods involve a comprehensive approach: analysis of current Ukrainian legislation in the field of copyright law and academic integrity; comparative‑legal analysis of international norms and practices; historical‑legal method to trace the evolution of hidden authorship from antiquity to the present; systemic method to identify conflicts between legal norms and ethical standards; content analysis of scientific publications and public debates; as well as the study of judicial practice, including decisions of the Supreme Court and examples from foreign jurisdictions where ghostwriting was assessed through the prism of professional integrity.

The results demonstrate that ghostwriting has a multifaceted nature and is perceived differently depending on the sphere of application. In politics and business, it is legitimized as a tool of professional assistance and communication, while in science and education it is qualified as a violation of academic integrity. The absence of clear legal regulation in Ukrainian legislation creates a legal vacuum and complicates the qualification of such relations. Judicial practice of the Supreme Court confirms the tendency towards an expanded understanding
of academic integrity, including issues of proper authorship, correct acknowledgment of contributions by other persons, and transparency in the creation of scientific works. Foreign examples, such as Kingsland v. Dorsey in the United States, show that hidden authorship may be considered a form of deception and a breach of professional ethics.

The conclusions emphasize the necessity of developing legal mechanisms that take into account the specifics of different spheres of social activity. In science and education, hidden authorship must remain absolutely inadmissible as a form of fraud and violation of academic integrity. At the same time, in politics, business, and culture, it is advisable to establish differentiated procedures that ensure transparency of cooperation, balance between confidentiality, remuneration, and rights to authorship. Normative interpretation of ghostwriting will help avoid legal uncertainty, protect the interests of the parties, and strengthen trust in the results of intellectual activity.