Simson O. The legal model of Public-Private Partnership as an instrument of harmonization of public and private interests in the innovation strategy of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000290

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право
  • 12.00.04 - Господарське право; господарсько-процесуальне право

20-03-2015

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The present thesis is devoted to topical issues of establishing partnership between the subjects of private and public law in the innovation sphere. It is analyzed the character of private and public interests, implemented in innovative relations, and examined the potential of their harmonization by means of public-private partnership. Here are evaluated the variants of establishing binding and corporate relations, in which public and private subjects are converted into partners, and their interests get not an opposite but a single focus on the achieving of the common goal of innovation development. It is also expanded the idea of public partners with respect to existing one in the current legislation of Ukraine, therefore to public partners are included not only the State of Ukraine and other legal public formations but also legal entities of public law, such as state scientific institutions and organizations as well as institutions of higher education of state and communal property. Public interests are treated as a set of not only state but also social interests. Іt is proved the necessity to apply precisely the term "public-private partnership", rather than "state-private partnership". The legal public-private model is studied as an instrument of establishing effective interaction between state, scientific and business institutions within the national innovation system both in relations pertaining to innovation activities' implementation, and their organization. Directions of partner interaction in the innovation sphere are reviewed: strategic partnership, partnership for research and innovation, partnership for the innovations' financing, regional partnership and innovation clusters. In the thesis there are determined the private law approaches to the apprehension of the category of innovation, innovation activities, which meet international standards. It is described a wide range of innovations that forms the innovation sphere, including such non-technical areas as information, marketing and organization of business, art and show business, and others. Here are examined the legal nature, essence and methodology of relations in the innovation sphere, their subject-object structure and forms of implementation. The legal description and classification of contracts in the innovation sphere are provided, the legal status of specialized subjects of innovation activities is revealed.

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