Gladka O. Commercial Concession as a form of innovative investment.

The thesis is dedicated to the economic and legal facilitation of development of a commercial concession as a form of innovative investment. A suggestion is made that a specific kind of a commercial concession contract be singled out of the framework of economic contracts - that of an innovative franchise. The peculiarities of applying the franchising in Ukraine are addressed; the investment nature inherent in a commercial concession contract has been examined. A definition of an innovative manufacturing franchise contract is suggested. The thesis substantiates the necessity of introducing the state funding and imposing special-purpose business modes with the help of which the commercial concession relationship should be encouraged insofar as it is an important object of the innovative and investment policy of the state. It is suggested that new varieties of the commercial concession should be singled out within its legal framework, namely, the brand franchise and the innovative franchise. Accordingly, the structure of the generic commercial concession contract has been renovated with the following components having been singled out as a result: the intellectual component, the services component and the organizational and monitoring one. As a result of the study completed, a proposal was made to determine the commercial concession (franchise) contract in the Commercial Code of Ukraine as a generic one and to single out its special type - that of innovative franchising - in order to provide an efficient legal form for technology transfer. It is also proposed to include in the Law of Ukraine "On State Regulation of Technology Transfer" the rules dedicated, in particular, to contractual and legal forms of such transfer given the need for some of them to be provided with the government support, and also dedicated, in particular, to the implementation of the innovative franchising relationships.