Bochkova I. Commercial law foundations for adoption and development of biotechnologies in industry of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005222

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

10-07-2015

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

Thesis concentrates on the research of economic law regulation of activities related to creation and usage of biotechnologies. Based on the analysis of possibilities of biotechnologies usage, on the research of practical usage spheres of biotechnologies in Ukraine, on the study of national and international legislation in concerned field, an attempt to create a model of legal regulation of commercial usage of biotechnologies in Ukraine was accomplished. Thus, a list of definitions, as a constituent of comprehension for regulation of such relations, is provided; the levels of biotechnologies usage are defined. Stages of biotechnology market functioning are examined; on every stage the participants are defined as long as the legal relations that exist between them. Those legal relations are classified in accordance with different properties, which allowed to define features of legal status of participants in different legal relations, including particularities of acquisition by those of special commercial legal personality. Particularities of realization of organizational commercial state authorities represented by its bodies regarding participants of biotechnology market are analyzed. Necessity of a body vested with special competence in biotechnology sphere is indicated. The following means of state regulation and control were suggested: registration of contracts in biotechnologies usage sphere, accreditation of production depending on possibility of creation or usage of biotechnologies with special mode, monitoring of usage of biotechnologies, which are considered to be technologies with double purpose. Particularities of contract basis of activity related to biotechnologies are examined. The necessity to legislatively establish significant contract conditions in biotechnologies usage sphere (including protective cautions) is indicated. Methods of adaptation of national legislation standards concerning creation and usage of biotechnologies sphere are examined.

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