Maloivan V. Economic and Legal Framework of Innovative Infrastructure Subjects Activity

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003705

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-10-2018

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The gradual renewal and complicating of economic relations in society, the transition of world countries to the innovative economy are fundamental factors that necessitate the formation of effectively functioning national innovative systems. Innovative infrastructure (as a subsystem of national innovative system) is its essential, integrative component and contributes to the implementation of the tasks of innovative system. Innovative infrastructure has an indirect, but fundamental relation to innovative activity: it plays a guiding role for the innovation process, life-supporting role for the national innovative system and goal-oriented role for the economy of innovative type. The thesis is devoted to consideration of legal nature, features and organizational and legal forms of innovation infrastructure subjects. The purpose of the work is the theoretical and legal study of the economic and legal status of these subjects and the determination of the peculiarities of economic and legal regulation of their activities. Actualization of legal studies of the institutional environment of innovative infrastructure is primarily associated with the lack of unified institutionalized approach to the definition of the nature and concept of innovative infrastructure and its components; with fragmentariness and irregularity of legal framework for general principles of the activity arrangement of its subjects; with the collision between regulatory arrangement of legal status and organizational and legal forms of individual subjects of innovative infrastructure, which prevents their effective activity on the territory of Ukraine. Works in the field of economic and civil law of such scientists as J. Ie. Atamanova, V. I. Borysova, O. M. Vinnyk, M. D. Vasylenko, D. Ie. Vysotskyi, D. V. Zadykhailo, O. R. Kibenko, K. O. Kochergina, V. V. Kudriavtseva, I. M. Kucherenko, V. S. Milash, O. P. Podcerkovniy, M. B. Paduchak, O. E. Simson, I. V. Spasybo-Fatieieva, O. P. Orliuk, I. B. Chaikin, V. S. Shcherbina are the scientific and theoretical basis of this research, also works of such foreign and domestic scientists-economists as S. I. Arkhiiereieva, O. B. Butnik-Siverskii, I. A. Derid, H. Singer, R. Johimsen, A. S. Marchenko, V. I. Nizheborets, S. F. Revutskyi, P. Rosenstein-Rodan, W. H. Tribushna have been used. The above mentioned substantiates the relevance of the chosen theme of the thesis, explains its structure, content, choice of scientific, legal and empirical material, that was used in the process. The legal nature of the concept of innovative infrastructure, as a systemic phenomenon has been studied in this thesis; its constructive and secondary economic and legal features also have been established. The legal nature of the innovative infrastructure has been defined in this work as a legal system that includes integrative structural components-subsystems of the lower order. Constitutive components of this nature are: a) subjects, united by functional purpose; b) legal relations, in which they enter with the purpose of execution of their tasks; c) material and immaterial objects of mentioned relations. From the point of view of the system approach, the innovative infrastructure consist of material and technical (productive), financial, informative and intermediary, political and legal subsystems of framework for innovative activity. The author determined the legal nature of the subjects of innovation infrastructure as participants in economic relations in the innovation field. It’s proved that such subjects act in the organizational and legal forms of economic entities or without this status and provide the implementation of innovation activities at different stages of the innovation cycle, carrying out production-technological, financial, information and personnel, legislative and legal support of subjects of innovation activity. Particular attention paid to the fact that individual subjects of innovation infrastructure belong to untypical economic entities, which are inherent in almost all the features of such entities, with the exception of their legitimacy as a business entity. The legal status, organizational and legal forms of subjects of innovation infrastructure, carrying out material and technical (production), financial, information and intermediary support of innovation activity studied in detail in this thesis.

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