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.

scholarly journals Problems of Transport of Agriculture on Innovative Development and Mechanisms of State Regulation on Increasing Efficiency of Introduction of Innovation Technologies

2020 ◽  
Vol 47 (4) ◽  
pp. 88-92
Author(s):  
Nataliia SHPORTIUK
Keyword(s):  
Innovation Policy ◽  
Innovation Process ◽  
Developed Countries ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Innovation Activity ◽  
Industrial Complex ◽  
Innovative Development ◽  
Industrial Enterprises

Innovative development is a prerequisite for the long-term sustainable functioning of agro-industrial enterprises. Activation of the innovation process, considered as a prerequisite for economic growth, is constrained by the lack of formalized decision-making apparatus and the assessment of its consequences. In order to manage the innovative development of agroindustrial enterprises in contemporary conditions, it is necessary to study the theoretical and methodological foundations of modeling and forecasting of their innovation activity, which has become a characteristic tendency of the economic situation in agriculture in recent years. The complexity of agricultural production and its specificity determine the peculiarity of approaches and methods of managing innovation activity, combining different types of innovations, strengthening the role of the state in their promotion. The agrarian sector of the economy is practically completely dependent on foreign manufacturers of technology, which, of course, also reduces the level of food security of our country. The existing innovative potential in agriculture in Ukraine is not used in full. The meaning of state innovation policy is that, while maintaining the accumulated scientific and technical potential to the maximum extent, and develop mechanisms that stimulate not only the development of innovative processes, but also the development of their results. The main directions of innovation policy in agriculture include: provision of legal regulation of innovation development and protection of the interests of its participants; implementation of direct and indirect support of agricultural producers in the creation and development of innovations; definition and implementation of the priority development of agrarian industrial complex; development of effective forms of partnership and cooperation, formation of appropriate organizational and economic structures; training of personnel in the field of innovation activity; priority development of material and technical base; development of international cooperation in the field of innovations. The state, based on the recommendations of science, should be called in a timely manner to send agribusiness clear and clear signals about the most promising areas of production activity, to orientate and direct its business activity in the necessary direction for society, to indicate ways to overcome the lag of our agriculture from the level of highly developed countries of the world.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

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 THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals Issues of regulating cryptocurrency and control over its turnover: international experience

2020 ◽  
Vol 9 (31) ◽  
pp. 10-20
Author(s):  
Mykhailo Dumchikov ◽  
Nataliia Kononenko ◽  
Liudmyla Batsenko ◽  
Roman Halenin ◽  
Nataliia Hlushchenko
Keyword(s):  
Legal Status ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Initial Stage ◽  
Relevant Topic ◽  
Scientific Results ◽  
Definition Of ◽  
And Control

The article deals with an important and relevant topic – the definition of the concept and essence of cryptocurrencies, the study of the problems of their legal regulation, the rationale for control over their turnover, as well as the analysis of ways to counter money laundering that involves cryptocurrency. The authors emphasize that measures taken exclusively at the state level are not enough to create an effective, integrated and comprehensive system for regulating the legal status of cryptocurrencies. Therefore, international cooperation and the strengthening of cooperation between various states in the field of cryptocurrency regulation is important. The authors analyze the scientific doctrine regarding the essence of cryptocurrency. It was found out that there was no single approach to the definition of “cryptocurrency” among scientists. Moreover, cryptocurrencies in various laws of the world have different status. The authors used general scientific and special scientific methods, which provided an objective analysis of the purpose of the study. The research methods were used in interconnection and interdependence, which ensured the comprehensiveness and completeness of the research, as well as the validity of the obtained scientific results. The authors have determined states where cryptocurrency has an official status, is at the initial stage of legal regulation or completely prohibited at the state level. The relevance of the research consists in the actual absence of the legal framework for the regulation of cryptocurrencies, which is conditioned by the novelty of this phenomenon and the problems related to its functioning. The authors proposed their own definition of cryptocurrency based on its main features.

scholarly journals STATE REGULATION AS A KEY FACTOR TO STIMULATE INNOVATION IN CONSTRUCTION

2020 ◽  
Vol 6 (42) ◽  
pp. 110
Author(s):  
L. Zgalat-Lozynska
Keyword(s):  
Innovation Policy ◽  
Innovation Process ◽  
State Regulation ◽  
The State ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Innovative Development ◽  
Legal Information ◽  
Key Factor ◽  
Stimulation Of

The article considers the issue of stimulating innovative activity in construction. The purpose of our investigation is to study influence of state regulation on innovation activity in construction. The role of construction participants in the innovation process and the reasons for low innovation activity in construction are determined. The tasks of the policy of innovative development, levers of state stimulation of innovative activity were discussed. Counterfeit tenders and corruption have been identified as an important factor hindering innovations in construction. A macroeconomic model of the state's influence on the process of stimulating innovation in construction and a model of logistical relations between organizations for innovation in construction have been developed. The necessity of active realization of organizational, financial, tax, budgetary, legal, information levers of the state policy as the tool of the state stimulation of innovative development in the building sphere is substantiated.Key words: state innovation policy, construction, public policy, project organization, building contractors, innovative activity. 

scholarly journals STATE POLICY FOR INNOVATIVE DEVELOPMENT OF UKRAINE IN THE CONTEXT OF THE TRANSFORMATION PERIOD: A SOCIO-ECONOMIC DIMENSION

2019 ◽  
Vol 4 (44) ◽  
pp. 105-125
Author(s):  
Volodymyr Pylypenko
Keyword(s):  
Economic Development ◽  
Innovation Policy ◽  
Technological Development ◽  
Scientific Practice ◽  
Rapid Development ◽  
State Regulation ◽  
The State ◽  
Innovation Activity ◽  
Economic Dimension ◽  
Innovative Model

This paper outlines the main approaches to understanding the concept of "innovation" and "innovation policy", and defines that today in scientific practice, two main models of innovation are identified: "innovative" and "catching up". We have determined that nowadays, it is important for Ukraine to move to an "innovative" model as soon as possible and to develop its own capacities. In order to achieve this, it is necessary to be on the same level with technically more developed western neighbors to function effectively in the new European political realities. This is extremely important for the further effective economic development of the state, on which its social sphere depends. That is why, the study and improvement of the state's innovation policy is being highlighted and updated today. For a better understanding of their own development opportunities, it is suggested to study the experiences of other countries that have already undergone similar stages of formation. In particular, the focus is on economic and technological development, which is the basis for innovation in all other areas. The paper presents a classification for the main types of state innovation policy of various countries according to Y. Kharchenko; defines the main features of the innovation policy in Ukraine and outlines the main guidelines for its further development. As a result of scientific literature analysis, it has been found that much has already been done for effective innovation development in Ukraine. Nevertheless, it is necessary to continue the work in this direction, including studying the experience of other countries, improving the regulatory framework, stepping up scientific and technological progress, economic development and reviewing the main strategic goals of the state's innovation policy. Institutional and legal support of innovative activity in Ukraine is at the stage of formation, at the moment its main elements are created. However, the legal framework for regulating innovation processes in Ukraine requires expansion and improvement. The need to adopt a legislation on state regulation of technology transfer activities can be emphasized. The main effective mechanism for implementing the innovative model of economic development in Ukraine is the system of technological parks. The practice confirmed the high contribution of technological parks to the promotion of innovation activity at the regional level. All the above facts point to the rapid development of the state innovation policy in Ukraine, which is due to the relevance of this sphere of public administration for the countries that are still undergoing a transformational period.

scholarly journals Comparative and Legal Study of Registries of Unscrupulous Participants of Competitive Procedures Regulated by Federal Laws «On the Contract System in the Sphere of Purchase of Goods, Jobs and Services for Providing the State and Municipal Needs», «On Purchase of Goods, Jobs, Services by Certain Types of Legal Entities», as Well as by the Land, Housing and Forest Codes of the Russian Federation

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Alexander Tishchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Legal Analysis ◽  
Current Policy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Federal Laws ◽  
Definition Of ◽  
Legal Entities

This article carries out a comparative legal analysis of the Russian institutions of registers of the unconscientious participants of the competitive procedures conducted within the contractual system in the sphere of purchases to provide the state and municipal needs, purchases made by the certain types of legal entities, as well as housing, land and forestry legislation. The author comes to the conclusion about their conceptual unity, their inseparable relationship with the competitive procedures, the emergence of which is a stage in a market economy development, the impossibility of an undubitable definition of the legal nature of the institutions under consideration, as well as the presence of certain differences and contradictions in their legal regulation, the existence of which is not based on objective reasons. The author proposes to improve the current policy management of the institutions under consideration in order to exclude the differences that are not caused by the peculiarities of the regulated relations, as well as to bring the regulatory and legal framework to a conceptual unity; he provides the substantiation for such proposals.

Taxation of IT industry: implementation issues and complexity of implementation

2020 ◽  
pp. 99-104
Author(s):  
Dmytro Kobylnik ◽  
Vladyslav Mykhailenko
Keyword(s):  
Tax Policy ◽  
Legal Regulation ◽  
Policy Formation ◽  
The State ◽  
International Standards ◽  
Main Body ◽  
It Services ◽  
It Industry ◽  
The Subject ◽  
Definition Of

Problem setting. This article is devoted to the study of issues of introduction and implementation of taxation mechanisms in IT industry. The subject of the study are the norms of the draft laws proposed for implementation. As IT industry is one of the most developing spheres of the domestic market, the attention in the article is concentrated on the variants of specific taxation of information technologies sector. The attention is also focused on the need to adopt regulations that would not only improve the overall market perception, but also provide the most effective growth opportunities for the IT industry. Target of research. The purpose of this article is to study the issues of profitability and efficiency of tax implementation in accordance with the schemes and options proposed by legislators. It considers the significant shortcomings of the currently available draft laws, taking into account the experience of such initiatives abroad. Analysis of resent researches and publications. Peculiarities of legal regulation of issues of taxation of IT-industry and practice of domestic results of its implementation were the subject of research in the works of G. Androshchuk, A. Bereza, N. Boreyko, V. Glanz, I. Dulskaya, R. Zharko,Yu Kaiser, Yu Lazebnik, S. Malets, N. Prokopenko, S. Ripp, L. Fedulova, K. Swabia, M. Shevchenko, G. Yurchuk etc. Article’s main body. The existing system of taxation of IT technologies services requires improvement through the formation and implementation of a balanced tax policy taking into account the peculiarities of this type of activity and in accordance with the unification of international standards. Application of systematic approaches on the part of the state in the sphere of fiscal policy in respect of tax regulation of IT services can contribute to the development of the industry as a whole and guarantee competitiveness in the international arena. The article points out that the main problems and issues which require more detailed consideration in the taxation of IT services are: the definition of mandatory elements of taxation, the definition of tax jurisdictions and the elimination of double taxation, the formation of a tax on personal income and payment of a single social contribution from the salaries of IT specialists. Conclusions and prospects for the development. The final result, to which the article concludes, is the hypothesis that in order to overcome the above-mentioned problems it is necessary to improve the domestic taxation system, which will clearly regulate the mandatory elements of the state tax policy formation in the field of IT services, taking into account the positive practical experience of competing countries in this area.

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