Nekoliak R. Organizational and legal aspects of state regulation of scientific and scientific-technical activities

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003881

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

23-11-2018

Specialized Academic Board

Д 26.236.03

NATIONAL UKRAINIAN ACADEMY OF SCIENCES KORETSKY INSTITUTE OF STATE AND LAW

Essay

The thesis is the result of the comprehensive investigation of legal and organizational aspects of state regulation in the field of science, scientific and technical activities. The dissertation is one of the first in-depth studies of this topic. Science is a decisive factor in the progress of society and source of economic growth of the state. It is undeniable that in the modern world, the value of science prompted the importance of reliable and substantial state support of this sphere. The thesis determines the definition and features of state regulation of scientific activity. The need of constant development of social relations in the field of scientific, scientific and technical activity is defined by Ukrainian legislation. State establish the recognition of science as a socially significant industry and the maintenance of science as the basic principle of scientific policy and the priority state task. The author presents his definition of state regulation of scientific and scientific and technical activities as a set of legal and organizational means by which the state influences the scientific sphere, creating favorable conditions for the conduct and development of scientific and scientific and technical activities. The author has accomplished a review of the formation, development and the current state of implementation of legislation regulating science sphere. The proposals for improving the legislation are presented by the author. The impact of social, political and economic factors on the process of legislation formation are also analyzed. The progress of science largely depends on effective state regulation of this sphere, which is carried out in order to ensure the progress of society, creating favorable conditions for further economic growth, improve the country's competitiveness level, improving the welfare of citizens, their spiritual and intellectual growth and well-being. State regulation of scientific activity is carried out by the authorized subjects of regulation using clearly defined means. With the fast development of social relations which modern countries faced, new social reality demands appropriate state response, methods of state regulation as well as system and structure of bodies and other subjects of state regulation are changing frequently. The author indicate characteristics of the main means of state regulation in the field of scientific and scientific and technical activities as well as the system of state authorities and other public entities and their authority concerning regulation in the field of science. Analysis of means of state regulation are made. The subjects of state regulation in the field of scientific and scientific-technical activity are the Verkhovna Rada of Ukraine (Supreme Council of Ukraine), the President of Ukraine, the Cabinet of Ministers of Ukraine, the central executive body in the field of science and technology, and other subjects within their powers. The thesis focuses on the peculiarities of state regulation in the field of scientific and scientific and technical activity, which should be carried out in accordance with the legislation of Ukraine and does not violate the freedom of scientific creativity and self-government of collective subjects of scientific activity. The author put emphasis on the freedom of scientific creativity principle, without this fundamental value obtaining new knowledge and search for their use is impossible. The results of the study regarding the system of funding science determines the primary task of the state scientific policy as providing a gradual increase in the amount of financing of research activities including an increase in the share of grant financing, guaranteeing the effective use of funds allocated from the state budget and creating conditions for extrabudgetary financing of science. In the dissertation, it is proven by the author that the actual tasks of state regulation of scientific and scientific and technical activities, at the present stage, are to facilitate the integration of science and higher education, creation of an effective mechanism for commercialization of scientific research, support and strengthening academic integrity principles in higher education and research institutions, creation of the conditions for the integration of Ukrainian science sphere into the European Research Area. The experience of regulation of scientific activity in Poland, France, the United States of America, Canada, Finland, Norway and the Republic of Korea is outlined. A generalized foreign experience shows a significant, direct or indirect involvement of the state in the regulation of the scientific sphere. On the basis of analysis and application of foreign experience, the roadmap of modernization of state regulation of scientific activity is made by the author, in particular, updating and coordinating the legislative framework in this area, improving the system of funding of scientific sphere, strengtheni

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