Wakim W. Special modes of innovative activity.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101959

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

02-11-2020

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The thesis presents the results of the research of economic and legal support problems of introduction and functioning relations of special legal regimes of innovative activity. The nature and features of innovation as an object of legal regulation and the key problems hindering the development of innovation in Ukraine have been investigated. Intellectual property is found to be an essential element of innovation. Particular attention is paid to the consideration of the concepts of the national innovation system, which were developed by foreign and domestic researchers, its features and subsystems. The state of the legislation of Ukraine on legal regulation of innovation activity is analyzed and its main shortcomings have been identified. The comparative legal analysis of national and Polish systems of legal regulation of innovation activity is carried out. The key problems hindering the development of innovations in Ukraine have been analyzed. A number of failures of the Ukrainian innovation market are presented. The main forms of state aid provided to compensate for these failures have been discussed. The understanding of the special mode of management as a mechanism of realization of state policy in one or another sphere of relations is justified, therefore the special mode of innovative activity is considered as a means of realization of the state innovation policy. The essence and the main directions of the innovative function of the state, which is to stimulate economic entities to carry out their activity in an innovative way, are considered. The author defines the concept of the special mode of innovative activity and identifies its main and additional functions on the basis of the analysis of the main directions of legal influence on innovative relations. Forms of special modes of management have been investigated. It is established that the concession does not have any signs of a special economic regime. It is suggested to consider public-private partnership as a form of special economic regime. It has been established that the targeted approach to the formation of the special regime mechanism should be based on the differentiation of the economic spheres and identification of the spheres that have the potential for innovative development under the condition of favorable legal regulation. The complexes of economic and legal relations, which are potential objects of the special regime have been emphasized. Remedies forming a special mode of innovative activity have been investigated. It is noted that there is the close correlation between categories means and purpose. The purpose of introduction of a special legal regime of innovative activity is determined. Means of stimulation of innovative activity are offered. Recommendations on the development of economic legislation in the field of innovation have been formed. It has been noted that there is the need to adopt the Innovation Code of Ukraine, which should contain a section on the general principles of the introduction of special legal regimes for innovation. Legislative acts requiring modernization have been identified in connection with the introduction of specific legal regimes for innovation.

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