LEGAL FUNDAMENTALS OF INNOVATIVE ACTIVITY

2017 ◽  
Author(s):  
Alla Nitchenko ◽  
◽  
Nataliia Morska ◽  
Keyword(s):  
Practical Experience ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Innovative Activity ◽  
International Standards ◽  
Innovation Activity ◽  
Scientific Article ◽  
Basic Principles ◽  
Regulatory Documents

The scientific article presents the basic principles of innovation from the standpoint of law. The problems of legislative and normative-legal provision of the basic principles of innovation activity on the territory of Ukraine are considered. It was found that the basic principles of innovation in Ukraine are regulated by a number of legislative and regulatory documents. The legal content of the category "innovation" is revealed, based on the provisions of the legal framework. The legal peculiarities of innovation activity on the territory of Ukraine are determined. Objects and subjects of innovation activity are analyzed. The directions of implementation of innovative activity on the territory of Ukraine are considered. The role of the state in guaranteeing the subjects of innovation activity favorable conditions for innovation activity in accordance with the provisions of legislative and regulatory documents is revealed. The key functions of the state, which are to control and regulate the basic principles of innovation in Ukraine, are considered. The key areas of innovation in Ukraine are outlined, based on the provisions of the legal framework. The mode of implementation of innovative activity by technology parks, which is based on special legal bases, is characterized. The practical experience of carrying out innovative activity on the territory of Ukraine is analyzed. Prospects for further research in the direction of studying the legislation governing the basic principles of innovation from the standpoint of law, which are a more thorough study of legislation with the allocation of promising areas to improve the legal regulation of innovation in Ukraine in accordance with international standards and norms.

scholarly journals Principles of Introducing the Institution of Mediation in Public Legal Disputes in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 187-201
Author(s):  
К. С. Токарєва
Keyword(s):  
Civil Rights ◽  
Theoretical Study ◽  
Great Influence ◽  
State Intervention ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
International Standards ◽  
Current Status ◽  
Scientific Article

The article is focused on theoretical study of the principles of introduction of the institution of mediation in public law disputes in Ukraine. It has been determined that the introduction of mediation in the field of public administration should be carried out in accordance with the specifics of public law disputes. The current status of legal regulation of mediation in Ukraine has been analyzed. It has been emphasized that the main way to introduce the institution of mediation in resolving public law disputes is to create and continuously improve the administrative and legal regulation of mediation. The emphasis has been placed on the great influence of the principles of the mediation procedure on further formation of legal regulation of mediation. The article is focused on theoretical study of the principles of legal regulation of mediation as an element of the content of administrative and legal regulation of the social and legal institution of mediation, it considers scientific approaches to the concept of administrative and legal regulation and forms of its own definition. Administrative and legal regulation of mediation in the study has been understood as the purposeful influence of the state, its agencies and officials on relations arising in the field of mediation, in order to achieve stability, law and order through the use of legal means (legal norms, legal principles, legal facts, etc.) for establishing the extent of possible and necessary behavior of mediation subjects. The article illustrates the division of principles as legal means of administrative and legal regulation of mediation into general and special ones. The general principles of regulation of mediation in the administrative process correspond to the principles of administrative law. The basic principles of such regulation are the principles of the rule of law, legality, justice, priority of human and civil rights and freedoms, humanism, equality, non-discrimination, responsibility of the individual and the state, publicity, compliance with international standards, minimum state intervention, proportionality, etc.; the essence of each principle has been also clarified. Further research on the issues of the scientific article should be aimed at the possibility of practical application, implementation and realization of the principles of administrative and legal regulation of mediation.

scholarly journals ORGANIC PRODUCTION IN THE SYSTEM OF AGRICULTURAL PRODUCTION IN UKRAINE

2021 ◽  
Author(s):  
Oksana Senyshyn
Keyword(s):  
Legal Regulation ◽  
Organic Production ◽  
The State ◽  
Scientific Article ◽  
Basic Principles ◽  
Organic Products ◽  
Leading Position ◽  
The Law ◽  
The Government ◽  
Organic Honey

In the scientific article the need to develop organic production as an important priority for the development of the state food industry are emphasized. A comparative description of European countries with similar natural development potential of the organic sector to Ukraine is made, the volume of the domestic market of organic products in Ukraine is analyzed. The research revealed that Ukraine is a world leader in the production of organic honey, occupies a leading position in the area of certified land, and mainly specializes in the cultivation of grain and oilseeds. It is determined that the key element in the process of development of organic production in Ukraine was the adoption of the Law of Ukraine «On basic principles and requirements for organic production, circulation and labeling of organic products». The law regulates the basic principles and requirements for state organic production, circulation and labeling of organic products, principles of legal regulation of organic production, circulation of organic products and functioning of the organic products market, legal bases of central executive bodies, organic market participants and public policy in these areas. It is proved that an important step towards the development of state organic production is the adoption by the Government of the «Procedure for certification of organic production and circulation of organic products», which was developed taking into account the requirements of EU legislation. The document defines the rules of certification of organic production and circulation of organic products, as well as the procedure for issuing a certificate, its duplicate and form. Given that Ukraine is a leading supplier of organic products to foreign markets, as evidenced by the above data, the introduction of its own certification system will enhance Ukraine’s image in the world trade arena. In addition, it will contribute to the sustainable development of the state organic sector, increase the transparency of production and saturate the state market with organic products. The author notes the first important steps in the development of state organic production, based on which the main problems of such development are identified, which will form an effective infrastructure of the organic market, ensure both environmental and food security of agriculture as a whole.

Unification of innovative legislation of Ukraine: problems of theory and practice

2021 ◽  
pp. 119-125
Author(s):  
Olga Hrechko
Keyword(s):  
Innovation Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Theory And Practice ◽  
Innovation Activity ◽  
Main Body ◽  
Basic Properties ◽  
Definition Of

Problem setting. The state of regulatory and legal support in the field of innovation has long been of concern to many scientists, who emphasize the need to systematize innovation legislation, bringing it into a single system. Modern legislation governing innovation has more than 300 regulations. Such a large array of norms, their excessive number and "scattering" in various branches of law cause problems in the legal regulation of innovation relations. But not only quantitative but also qualitative indicators of the state of the legal framework, substantive and terminological content of norms, harmonization of the provisions of various acts leave much to be desired. Analysis of resent researches and publications. Certain aspects of improvement and codification of innovation legislation of Ukraine have been the subject of research by such scientists as: Atamanovа Yu. Ye., Bryntsev V. D., Heits V. M., Hlibko S. V., Davydiuk O. M., Yefremova K. V., Zadykhailo D. V., Znamenskyi H. L., Liubchych A. M., Simson O. E., Fronchko V. V., Shapovalova O. V. and others. Separately it should be noted the leading scientist Atamanova Yu. Ye., who made a significant contribution to the development of basic and applied research on the formation of innovation law and improvement of innovation legislation. Target of research. Research of the process of unification of innovation legislation of Ukraine in the theoretical plane, namely: search for forms of unification of legislation and determination of the structure of innovation legislation as the basic properties of legislation. Article’s main body. The research examines the problematic issues of unification of innovation legislation of Ukraine in the theoretical plane, in particular, the search for forms of unification of legislation and the definition of the structure of innovation legislation as the basic properties of legislation. It is concluded that the implementation of the tasks of unification of the legal framework governing innovation is most appropriate through codification. As a result, the effectiveness of legislation should be significantly increased. Regarding the structure of innovation legislation, according to the author, the structure of the draft Code Atamanova Yu. Ye. іs more appropriate, as it is carried out on the basis of existing laws of Ukraine and bylaws. It can be taken as a basis and supplemented taking into account the emergence of new forms and participants in innovation relations. The results of the study of these issues can be the basis for practical application. Conclusions and prospects for the development. The issue of unification of legislation in the field of innovation is relevant and needs to be addressed as a matter of priority. The study gives grounds to claim that the optimal and most effective form of unification of innovation legislation is the adoption of a single legal act - the code. Regarding the structure of innovation legislation, the following groups of norms should be: general provisions, state regulation of innovation relations and state innovation policy, subjects of innovation activity, objects of innovation relations, legal bases of organization and implementation of scientific and scientific-technical innovation activity, economic obligations. binding of innovative character, contractual innovation law, special modes of innovative activity.

EFFECTIVE STEPS ON THE WAY TO MODERNIZATION OF CIVIL SERVICE IN THE SYSTEM OF JUDICIARY BODIES: INTRODUCTION OF ELEMENTS OF GAME THEORY

2018 ◽  
Author(s):  
Olena Hladunova ◽  
Keyword(s):  
Game Theory ◽  
Justice System ◽  
Civil Service ◽  
Civil Servants ◽  
International Standards ◽  
Scientific Article ◽  
Basic Principles ◽  
Conflict Situations ◽  
Definition Of ◽  
The Right

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.

INTERNATIONAL AND LEGAL FRAMEWORK FOR COMBATING CORRUPTION CRIMES RELATED TO GIVING AND PASSING BRIBES AND OTHER TYPES OF ILLEGAL REMUNERATION

2021 ◽  
pp. 65-72
Author(s):  
Павел Владимирович Никонов
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Standards ◽  
Transnational Organized Crime ◽  
Legal Documents ◽  
Illegal Acts ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Criminal Legislation

Международные нормативные правовые акты имеют особое значение для организации противодействия коррупционным преступлениям, связанным с дачей и получением взятки и иных видов незаконного вознаграждения. В статье анализируются международно-правовые документы, призванные обеспечить единый подход к противодействию указанным видам противоправных деяний в различных государствах. Международное сообщество озабочено решением проблем, связанных с противодействием коррупции. В этом отношении Россия не является исключением, поэтому ратифицирует основные международно-правовые акты, регламентирующие вопросы борьбы с коррупционными преступлениями. Интеграционные процессы, происходящие в настоящее время, обуславливают необходимость обращения к международному опыту в области противодействия указанным видам преступлений. При подготовке материала научной статьи применялся сравнительно-правовой метод исследования, что позволило получить обоснованные выводы относительно сравнения международных и российских нормативных правовых актов. В статье анализируются положения таких источников, ратифицированных Россией, как Конвенция Организации Объединенных Наций против коррупции, Конвенция против транснациональной организованной преступности, Конвенция об уголовной ответственности за коррупцию, Конвенция по борьбе с подкупом иностранных должностных лиц при осуществлении международных коммерческих сделок. В качестве полученных результатов проведенного исследования можно признать заключения относительно соответствия уголовного законодательства Российской Федерации, созданных органов и реализуемых мер, направленных на организацию борьбы с коррупционными преступлениями, связанными с дачей и получением взятки и иными видами незаконного вознаграждения, рассмотренным международным стандартам. International legal regulation is of prime importance in countering corruption crimes related to giving and receiving bribes and other types of illegal remuneration. The article analyzes international legal documents designed to ensure the same approach to countering these types of illegal acts in different states. The international community is concerned about solving problems related to combating corruption. Russia is no exception, therefore it ratifies the main international legal acts regulating the fight against corruption crimes. The integration processes taking place at the present time necessitate taking into account the international experience of countering these types of crimes. The comparative legal research method was used, this made it possible to obtain well-grounded conclusions regarding the comparison of international and Russian normative legal acts. The article analyzes the provisions of international documents ratified by Russia: the United Nations Convention against Corruption, the Convention against Transnational Organized Crime, the Criminal Law Convention on Corruption, and the Convention against Bribery of Foreign Officials in International Business Transactions. The findings on the compliance of the criminal legislation of the Russian Federation, existing bodies and measures taken in the field of combating corruption crimes related to giving and receiving bribes and other types of illegal remuneration to international standards as the results of the study are indicated.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

PUBLISHING PAINS, OR DESIGNING A SCIENTIFIC JOURNAL

2020 ◽  
pp. 32-58
Author(s):  
А.І. Radchenko ◽  
◽  
О.V. Vakarenko ◽  
Т.М. Shenderovych ◽  
◽  
...  
Keyword(s):  
Scientific Journal ◽  
Publishing House ◽  
Title Page ◽  
Scientific Article ◽  
Structural Elements ◽  
National Academy Of Sciences ◽  
Basic Principles ◽  
Regulatory Documents ◽  
Professional Journals ◽  
Academy Of Sciences

The article considers the basic principles of creating a unified template for a scientific journal in accordance with current regulations and rules for creating original layouts, as well as taking into account the experience of specialists of the Publishing House "Akademperiodyka" of the National Academy of Sciences of Ukraine. The list of the basic regulatory documents is given, other useful links are given. The example of a typical unified template shows what the cover and title page of a scientific journal should look like, as well as the imposition page of an article of a scientific professional publication, describes in detail the necessary structural elements of a scientific article and describes their design. The choice of the solutions presented in the unified template is briefly substantiated. The most common mistakes present in domestic scientific professional journals are described. Examples from real magazines illustrate the possible variety of design within a unified template.

scholarly journals Implementation of state policy in the field of combating cyber crime: legislative aspect

2021 ◽  
pp. 129-134
Author(s):  
O. ZHEREBETS
Keyword(s):  
International Law ◽  
State Policy ◽  
International Security ◽  
Legal Framework ◽  
Scientific Article ◽  
Cyber Crime ◽  
Basic Principles

The article substantiates the importance of universally recognized international principles in the field of international security. The scientific article outlines legal framework of international security law and grounds for increasing the number of basic principles of international law.

scholarly journals RESEARCH OF FORMS AND METHODS OF INVESTMENT SUPPORT OF INNOVATION ACTIVITIES OF INDUSTRIAL ENTERPRISES

2021 ◽  
pp. 11-17
Author(s):  
Олег Беспрозванних ◽  
Петро Перерва
Keyword(s):  
Financial Support ◽  
The State ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Credit Institution ◽  
Industrial Enterprises ◽  
Innovation Activities ◽  
Innovation Projects ◽  
Financial Credit ◽  
State Financing

To solve the problems of stimulating the development of innovative activity of domestic enterprises, a number of regulatory acts have been developed in Ukraine today that regulate relations in the sphere of investment in innovation. National legislation defines the following forms of investment of innovative activity: state (municipal) investment, commercial investment, social investment, foreign investment, general investment. In order to receive financial support, the subjects of innovation activity whose innovation projects are listed in the State Register of Innovation Projects shall submit to the State Innovation Financial-Credit Institution (its regional branches) innovative projects and all necessary documents, the list of which is determined by it. The subject of innovative activity, the innovative project of which has been competitively selected, may receive one or more types of financial support from the innovative financial-credit institution, depending on the competitive procedure established by the competitive procedure. Financial support for the implementation of innovative projects can be provided in the form of successive tranches as a result of monitoring the progress of project implementation.The analysis of the structure of state financing of innovation activity by types of economic activity of subjects of innovation in 2018 allows to determine the priority branch of chemical and petrochemical industry. Investing of own funds of subjects of innovative activity is realized through capital investments and financial investments. Structural analysis of sources of financing of innovative activity in Ukraine allows to distinguish the overwhelming share of own funds of the enterprises in the total volumes of financing of their innovative activity. But in the conditions of insufficient level of state support of innovative activity of enterprises and instability of their financial results, as the main source of own funds for investing, the role of financial and credit providing of investments by the subjects of the financial market significantly increases.

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