Smernytskyi D. Administrative and legal regulation of scientific and technical activity in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101635

Applicant for

Specialization

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

12-11-2020

Specialized Academic Board

Д 27.855.02

University of the State Fiscal Service of Ukraine

Essay

The dissertation is devoted to complex and systematic research of administrative and legal regulation of scientific and technical activity. The civilizational genesis of scientific and technical activity is revealed within the object and subject of the research, with highlighting six main stages. It is proved that the state policy in the sphere of scientific and technical activity is characterised by the corresponding state influence, which should be divided into direct (creating clear, controlled conditions for the development of the corresponding sphere of scientific and technical activity with a rigid vertical of management) and indirect (creating the basis for the independent development of one or another direction of social relations and the catalyst for the created conditions is actually the development of these relations). Based on the analysis of foreign positive experience, concluding that the organizational framework, which should be reflected in regulatory and legal acts in order of creating appropriate conditions for the development of scientific and technological activity in Ukraine and improve the management system of scientific research and scientific-technological developments, include the following: introduction of new technological and technical solutions in scientific researches; attracting to scientific research in the field of defence, military equipment and technology, special technical means and special equipment for law enforcement agencies private entrepreneurs and scientific institutions with the necessary scientific and technical level; providing State support for fundamental research; increasing budget funds for scientific and technical research and development; creating the appropriate conditions for increasing the share of financial resources from the private sector for applied scientific and technical research and development; combining efforts in the area of scientific and technical activities of academic institutions, private research institutions and companies, scientific institutions and military industrial enterprises; ensuring interrelation between fundamental and applied researches and implementation of scientific research results in public life; ensuring creation of technological and scientific parks as an optimal organizational form of combination of scientific researches, scientific and technical developments, industrial output of developed technical products. Proposed segmentation of scientific and technical activity and its differentiation according to the legislation of Ukraine, with its split into three levels: to the first level of segmentation of scientific and technical activity belongs scientific, scientific-pedagogical and scientific-organizational activity; to the second level belong fundamental and applied research as types of scientific activity; to the third level of scientific and technical activity belong research, development and design, experimental and technological, searching, design and survey work, production of prototypes or batches of scientific and technical products, as well as other works related to bringing new scientific and technical knowledge to the stage of practical use, including scientific and technical research as part of dissertation works. Also proposed dividing scientific and technological works into the following types: basic, which include fundamental and applied research and scientific developments; special, which may include scientific and technological developments and scientific and technological services. Implemented type classification of financial support for scientific and technological activities and scientific and technological information. The elements of the mechanism of administrative and legal regulation in the sphere of scientific and technical activity have been defined for their distribution into basic and optional.

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