Law and innovations最新文献

{"title":"Legal Security of State Support of Innovative Activities","authors":"Dmytro Vysotsky","doi":"10.37772/2518-1718-2023-2(42)-14","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-14","url":null,"abstract":"Problem setting. The need to transition the economy of Ukraine to an innovative model of further development is dictated by the realities of today. The unsatisfactory state of innovative activity of the majority of economic entities of Ukraine is primarily explained by the limited financial resources aimed at investing in the implementation of innovative projects. The regulatory and legal acts adopted over the last several decades, which determine the legal basis of state support for innovative activity, do not contain an effective legal mechanism for providing subjects of innovative activity with affordable financial and other support for innovative projects. The main legislative acts in the field of innovative activity are unclear and inconsistent, which makes it impossible for economic entities to receive financial support for the implementation of their innovative projects. Purpose of the research is to study the problems of legal support of state support for innovative activities and the development of legislative proposals to improve such types of state support for subjects of innovative activity as financial support for the implementation of innovative projects and preferential taxation. Analysis of recent researches and publications. The study of the legal provision of state support for innovative activities is devoted to the works of various authors, in particular: Yu.E. Atamanova, S.V. Hlibko, O.V. Rozgon, Yu.V. Georgievskogo and others. However, the majority of research is purely economic in nature and is not closely “linked” to current national and foreign legislation. Article’s main body. The article is devoted to the main problems of legal support of state support for innovative activities. The work examines the main types of financial and tax support for subjects of innovative activity. Certain “gaps” were identified in the Law of Ukraine “On Innovative Activities” in terms of defining the legal mechanism for providing such type of financial support for innovative activities as crediting innovative projects. The author of the article established the inconsistency of the provisions of the Charter of the State Innovative Financial and Credit Institution with the main purpose of this type of financial support for innovative activities, such as the provision of state guarantees to banks providing loans for innovative projects. Legislative proposals have been developed to improve certain types of financial support for innovative activities, such as preferential lending, provision of state guarantees to commercial banks that provide loans for innovative projects, property insurance for the implementation of innovative projects, and financial leasing. It is proposed to improve the legislative criteria for competitive selection of innovative projects with the aim of providing certain types of financial support to subjects of innovative activity. The article analyzes the peculiarities of the legal regime of state support for innovative acti","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127570041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development of Electronic Governance to a Digital Ecosystem","authors":"O. Korvat","doi":"10.37772/2518-1718-2023-2(42)-5","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-5","url":null,"abstract":"Problem setting. The scientific work is devoted to the study of the economic and legal aspects of the modernization of e-government in Ukraine into a digital ecosystem to achieve the Sustainable Development Goals. Analysis of recent researches and publications. Aspects of the functioning and development of e-government and the problems of transforming governance into digital attract the attention of researchers from Ukraine. However, the topic of e-government as an ecosystem is not analyzed at all in the publications of domestic scientists. Theoretical and practical aspects of the ecosystem approach as a direction of digitalization of public administration are revealed in the works of foreign authors and public documents of international organizations. Purpose of the research is to analyze the state of e-governance in Ukraine and develop recommendations for improving the regulatory framework for the digital transformation of national governance to an ecosystem model. Article’s main body. The expediency of the ecosystem approach in digital governance is due to the need for state regulation of digital ecosystems. The ecosystem model of governance is based on digital technologies, and the electronic model is based on information and communication technologies. An e-government ecosystem is a complex sociotechnical system that unites citizens, businesses, organizations and authorities and uses electronic platforms to create value and distribute it among its participants. Electronic governance in Ukraine is gradually moving towards its organization as an ecosystem. Today, several dozen digital transformation projects are being developed in Ukraine to automate relations in the government system. However, cyber security experts identified significant problems in the Diya digital project, in particular problems with personal data protection, openness and transparency of digital transformations. Сitizens play a key role in digital public administration, so the goal of human development and protection of their rights should be enshrined in legislation as a priority during digital transformations. Innovative management technologies provide significant opportunities in management, but are risky. The need for thorough research and legal regulation of innovative solutions before their introduction into government processes is emphasized. It is proposed to establish responsibility for the security of data and processes in the digital ecosystem of governance. Conclusions and prospects for development. Legislation and legal acts related to the informatization and digitization of government, economy and society in Ukraine need to be updated taking into account the priority goals of human development and the protection of their rights, the need to increase the level of cyber security and data protection, the development of competitive programs for the automation of the will of citizens, the implementation of the principles of openness and transparency state bodies, ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133594510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Issues of Environmental and Innovation Relations to Ensure Sustainable Development of Ukraine","authors":"O. Savchuk","doi":"10.37772/2518-1718-2023-2(42)-12","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-12","url":null,"abstract":"Problem setting. The work examines issues of ecological and innovative relations to ensure the sustainable development of Ukraine. The main aspects of sustainable development are studied, namely: economic, social, ecological, innovative components. Emphasis is placed on the importance of their combination with each other, the importance and relevance of the innovative component is proven, because innovations are the basis for the growth and development of any economy. In a world where technology is dynamic, it is becoming a critical factor in competitiveness. Analysis of recent researches and publications. In particular, in this area there were publications of legal scholars: A.P. Hetman, G.V. Anisimova, V.L. Bredikhina, M.V. Krasnova, Yu.S. Shemshuchenko, N.R. Malysheva, G.N. Polyanskaya, V.G. Emelyanova, V.V. Nosik and others. Purpose of the research. However, the study that would be aimed at analyzing the normative regulation of legal relations on the use and protection of the environment in the field of innovation has not yet been, which prompted us to choose this topic of research. Article’s main body. It has been proven that in order to achieve effective legal protection and development of innovative business, it is also necessary to develop and implement new legislative acts and regulatory norms that meet the requirements of the modern economy and technological development. In addition, an important element of legal support for ecological and innovative relations is the support of technological entrepreneurship and startups. For this, special support programs can be created that provide financial support and consulting assistance for young companies engaged in the development of new technologies. Incubators and accelerators can also be created, providing support for technological entrepreneurship from the initial stage to commercial success. Cooperation between international companies, universities and scientific institutes can contribute to the development of new technologies and ensure their global distribution. Conclusions and prospects for development. In addition, it is also considered important that the achievement of the goals of sustainable development is possible only thanks to the penetration of the ecological paradigm into all spheres of human life, in other words, under the condition of general environmentalization of the economy and society. The ecological component is presented for the purposes of sustainable development and is an integral requirement for their achievement. A comparative analysis of the achievement of the goals of sustainable development and ecological economy in Ukraine, with the help of relevant indices, showed a significant lag behind the country in greening the economy and society. Special attention should be paid to ecologization of economic activity.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127132528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sources of Legal Regulation of Compliance in Ukrainian Banks","authors":"S. Sheludko","doi":"10.37772/2518-1718-2023-2(42)-4","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-4","url":null,"abstract":"Problem setting. The banking sector plays a crucial role in the economy and therefore needs to function in a comprehensive and effective legal environment. In order to monitor compliance with current requirements, banks organize compliance offices, whose activities are regulated by numerous scattered provisions of national and international law. Analysis of recent researches and publications. The legal regulation of banking activity is constantly becoming the center of attention of practitioners, government experts and scientists, in particular E. Dmytrenko, L. Kasianenko, I. Tovkun. The legal regulation of compliance in banking and financial institutions has not yet received adequate coverage in legal studies, but certain aspects of it were considered in their works by M. Mozharovskyi, A. Mulyk, and N. Patsuriia. Purpose of the research is to systematize and analyze the sources of legal regulation of compliance in Ukrainian banks. Article’s main body. Banking activity in Ukraine is regulated by more than 2,500 regulatory and legal acts, which causes serious difficulties both for the sector itself and for regulatory and supervisory authorities. Legal norms, which form the institution of compliance, create the system, so they should be summarized using a hierarchical approach. Although the act of the highest legal force – the Constitution of Ukraine – does not directly mention either compliance or meeting the requirements in the banking sector, its individual provisions in one way or another relate to the necessity and importance of compliance with current norms: this is Art. 6, which defines the obligation to fulfill the requirements of legislation at the national level; Art. 13, 19, 41, 47, 65, which refer to personal compliance in certain spheres of public life. An important place in the system of sources of legal regulation of banking compliance is occupied by foreign legislative acts, with which Ukraine has brought national laws into compliance – in particular, documents from the EU Acquis. Thus, Directive 2015/849 specifies that banks must develop an internal compliance management policy, appoint a special manager, and can exchange information on compliance control between officials within the same bank or banking group. In 2021, for the first time, a holistic concept of the organization and operation of the compliance service within the bank was enshrined in legislation. Amendments to the Law “On Banks and Banking Activity” determine the obligation to form a compliance unit, the exclusive competence of the Bank’s Council regarding it, qualification requirements, status and powers of the Chief Compliance Manager. The leading normative document that defines the organizational and legal foundations of the service for ensuring the fulfillment of requirements is the Regulation of the NBU On the Organization of the Risk Management System in Ukrainian Banks and Banking Groups. It complements and expands the norms of the relevant Law regarding the ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126046089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Participants in Venture Investment Relations of Innovation Activities: European Experience and Ukrainian Legal Reality","authors":"Yurii Zhornokui","doi":"10.37772/2518-1718-2023-2(42)-2","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-2","url":null,"abstract":"Problem setting. In modern economic and legal studies one may observe the tendency of refusing the usage of traditional forms of getting speculative profit and starting to use the sphere of venture investment into innovation activities, which is caused by unstable economic situation and a high probability of unpredictable crisis phenomena. However, such instability is caused by the issue of determining the range of persons who can participate in the field of venture entrepreneurship and acquire the appropriate status. At the same time, we should analyze not only the legislation and legal doctrine in Ukraine, but also the law-enforcement practice of the EU countries and Great Britain, which is stipulated by the European integration aspirations of our country. Analysis of recent researches and publications. Nowadays, it is possible to note the imperfection of the current legislation and the inadequacy of the legal doctrine in the context of determining the parties to the studied legal relations. It is applied to both Ukraine and the EU countries and Great Britain. Although it should be noted that the countries of the European Commonwealth and especially Great Britain, compared to Ukraine, have more progressive positions in this aspect. Therefore, their experience should form the basis for the further progress of the venture sector on the territory of our country. Doctrinal results of domestic and foreign experts, such as Yu. Ye. Atamanova, O. R. Kibenko, O. E. Simson, O. P. Sushch, J. Levin, G. Sutton, A. Mancuso, although contain analysis and arguments in favor of classifying certain persons or certain organizational and legal forms as participants in venture investment relations of innovative activities, but do not give an unambiguous answer to it. Purpose of the research is to analyze of European practice and legal doctrine in regard to defining the composition of participants in venture investment relations of innovative activities and the possibility of their application in the legal reality of Ukraine. Article’s main body. The Ukrainian legislator’s approach regarding the definition of the range of subjects of innovation activities does not provide answer to the question on the criterion for classifying certain individuals or legal entities as subjects of venture investment into innovation activities. We believe that such a criterion can be the fact of a person’s participation in the process of creating a new product and bringing it to its implementation into production or other spheres of activities. Venture investment accomplished by venture funds / private equity funds is significantly different from investing into debt and share financial instruments conducted by co-investment funds or other professional asset managers. Venture funds are not the separate type of legal entity, and therefore different organizational and legal forms are used for their creation abroad – starting from a joint-stock company to a simple company. Such examples of","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133822471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Modification of Digital Content and Digital Services Within the Understanding of the Directive 2019/770 and Draft Law № 6576","authors":"Illia Mamaiev","doi":"10.37772/2518-1718-2023-2(42)-9","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-9","url":null,"abstract":"Problem setting. In May 2019, the European Parliament and the Council adopted the 2019/770 Directive «On Certain Aspects Concerning Contracts for the Supply of Digital Content and Digital Services», which came into force for EU Member States on January 1, 2022. The outlined directive makes many changes in the legal relationship between consumers and suppliers of digital content or services, which performs several positive functions at once: 1) elimination of legal gaps in the defined field; 2) improvement of consumer protection as a more vulnerable side of legal relations; 3) harmonization of disparate national regulation on a single approach; 4) promoting interstate economic relations through reducing market barriers. It is fair to point out that Ukraine also needs to eliminate the above problems. In addition to the need for national legislation on the Acquis of the European Union, the adaptation of domestic regulation to the above directive should contribute to the development of the digital market and to increase legal certainty for both consumers and for suppliers of digital content or services. In some of the latest works, the author conducted a comparative analysis of the regulation of personal data between Directive 2019/770 and the draft Law of Ukraine on Digital Content and Digital Services No. 6576 of 31.01.2022, which was already adopted as a basis and has on the basis The purpose of implementing the provisions of the said directive into national law. This work will focus on the study of another aspect of these normative legal acts-the question of modification of digital content and digital services. Analysis of recent researches and publications. The following researchers have studied the issue of modifying digital content and digital services: C. J., Martínez, M. Farinha, L. M. Savanets, K. V. Efremova, G. M. Stakhira, K. G. Nekit Purpose of the research is to provide a legal interpretation of the modification of digital content and digital services, in which it is necessary to find out the definition of this concept, the legal grounds for such modification, its types, as well as the rights, responsibilities and responsibilities related to the modification process. The additional purpose of the article is to compare certain provisions of the Directive 2019/770 with the draft Law of Ukraine No. 6576 of 31.01.2022. Article’s main body. In this scientific work, a study of the legal regulation of the issue of modification of digital content and (or) digital services was carried out in accordance with the provisions of Directive 2019/770 «On Certain Aspects Concerning Contracts for The Supply of Digital Content and Digital Services» and in comparison with the draft law «On Digital Content and Digital Services» No. 6576 dated January 31, 2022. The main goal of the article is to clarify the legal interpretation of this concept and analyze the compliance of the normative provisions in the cited normative legal acts. The definition of «modifi","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129294666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Research Infrastructure Consortium: The Organizational and Legal Form of Research Infrastructures in the European Union","authors":"V. Kokhan","doi":"10.37772/2518-1718-2023-1(41)-4","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-4","url":null,"abstract":"Problems setting. The scientific work is devoted to the legal form of research infrastructures in the European Union the European Research Infrastructure Consortium. The ERIC Regulation facilitates the quicker establishment of European Research Infrastructures by saving time in avoiding the repetition of negotiations, project by project, to analyse and discuss the best legal form for such international research organisations, with related advantages and disadvantages and the time saved in avoiding discussions in each national parliament related to the approval of a needed international agreement in case the ERIC Regulation would not have existed. Analysis of recent researches and publications. The issue of the functioning of research infrastructures in the EU in the form of ERIC has been relevant in European scientific literature for the last decade. In particular, it is worth noting studies by Maria Moskovko, Arnljotur Astvaldsson and Olof Hallonsten, Carlo Rizzutto. In Ukraine, some issues of legal regulation and information support of research infrastructures were studied by Golovashchenko O.S., Lyubchych A.M., Mamayev I.O. There are no thorough studies of the legal status of research infrastructures in the national jurisprudence, which is due to the novelty of this topic in the law of Ukraine. Target of the research is to provide an overview of the dominant legal form of functioning of research infrastructures in the European Union, the history of its implementation, legal regulation, features of activity. Article’s main body. The European Research Infrastructure Consortium is a legal entity established by a decision of the European Commission. It has legal personality and full legal capacity recognized in all EU Member States. The internal structure of the European Research Infrastructures Consortium is defined in the statute by its founding countries. The ERIC legal framework can be used for new or existing research infrastructures, locally located or distributed research infrastructures. The European Research Infrastructures Consortium has been granted the status of an international organization within the EU legal system, but it is not an international organization according to the international law, as the decision to establish ERIC is taken by the European Commission. Much attention is paid to the EU legal framework that allowed the introduction of the European Research Infrastructure Consortium – Council Regulation (EC) No 723/2009 on the Community legal framework for the European Research Infrastructures Consortium. The article specifies the law that applies to the European Research Infrastructures Consortium. The activities of the European Research Infrastructures Consortium are governed by EU law, additionally by the national law of the Member State where it’s located, and the statute, internal documents of ERIC. The legislation of the host state is to be applied in resolving issues related to the implementation of the statutory tas","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117202532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Financial Liability of the Manager as Parties to the Employment Contract","authors":"Victoria Sheverdina","doi":"10.37772/2518-1718-2023-1(41)-9","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-9","url":null,"abstract":"Problem setting. The relevance of the question regarding the legal position of the manager has increased significantly at the stage of formation and development of the market organization of the economy in modern conditions. The dishonest work of managers, their abuse of their official position lead to the need for legal influence on the manager as a person who has the right to make decisions on economic activities, as well as in the field of organization and labor management. Within the scope of the manager’s responsibility, material responsibility is of particular importance, if as a result of an offense damage is caused to the employer’s property, there may be an obligation to compensate it in full or in part. A manager, as a person working under an employment contract, aware of the consequences of a labor-related property offense, must, by his voluntary and conscious actions, perform his work function in such a way as not to cause harm to the employer and his property, as well as to other employees. Material responsibility is the guarantee of such willful actions. In its essence, the financial responsibility of the manager is a problem of a larger scale than simple prevention of violations or compensation for the damage caused. The dual nature of the range of labor rights and responsibilities of a manager indicates that such an employee realizes his abilities to work by performing work related to the management and management of an enterprise, institution, organization, realizing the competence of a business entity and the legal personality of an employer. Therefore, the study of the essence of the manager’s financial responsibility is an urgent problem that needs to be solved at the scientific level. Analysis of recent researches and publications. A significant number of dissertations, monographs and periodicals are devoted to the issues of liability in labor law and the regulation of labor relations. Among them, we can highlight the scientific achievements of V. S. Venediktov, N. M. Lukashev, O. M. Lukyanchikov, I. V. Lazor, O. I. Protsevsky, S. M. Prilypka, A. M. Slyusar, N. M. Khutoryan, G. I. Chanysheva, O. V. Cherkasova, V. I. Shcherbiny, O. M. Yaroshenko, and others. Target of the research is to determine the essence of the manager’s material responsibility as a party to the employment contract. Article’s main body. The article examines the peculiarities of the legal position of the manager (enterprise, institution, organization), since he is both a body of a legal entity and an employee who is himself in an employment relationship with the owner of such a legal entity. The issue of applying material liability to him was also analyzed, taking into account the specific functions of managing a legal entity, since the legislation of Ukraine provides for a fairly high level of liability for the violation of their labor duties by such persons. In general, material responsibility is one of the types of labor law responsibility that can be ap","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125427970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Conceptual Approaches to Defining the Concept of a National Innovation System","authors":"Dmytro Vysotsky","doi":"10.37772/2518-1718-2023-1(41)-2","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-2","url":null,"abstract":"Problem setting. As globalization processes deepen, the state’s position on the world stage increasingly begins to be determined by its overall competitiveness, which, in turn, directly depends on the structure and efficiency of the country’s innovation system. It is the innovative system that allows the state to occupy a certain niche in the system of international division of labor, to gain weight and status in the system of international relations. The problem of increasing international competitiveness is acutely facing Ukraine. It is not by chance that the question of the prospects for the formation of a national innovation system occupies a prominent place in the economic policy of Ukraine. Analysis of recent research and publications. The study of the concept, structure and subjects of the national innovation system is devoted to the work of various authors, in particular: Yu.E. Atamanova , K. Freeman , R. Nelson, B.A. Lundvall , L.I. Fedulova, A.A. Marakhovsky , M. Т. Sharko and others. However, the majority of research is purely economic in nature and is not closely «linked» to current national and foreign legislation. Target of the research is to study the concept and structure of the national innovation system, taking into account the analysis of the main economic-theoretical and legal approaches to the definition of this concept contained in the scientific literature and current legislation. Article’s main body. The article analyzes the main approaches to defining the concept of the national innovation system. It was found that most of these approaches are purely economic in nature, which complicates their use in the current legislation. It was established that in economic theory, the national innovation system is considered in three main aspects: 1) as a set of institutions whose activities are aimed at generating and spreading innovations; 2) as a complex of related economic mechanisms and types of activities that ensure innovative processes; 3) as part of the national economic system, which ensures the organic integration of innovative processes into the progressive development of the economy and society. The article also analyzes the definition of the concept of the national innovation system, which is contained in international legal acts and the legislation of Ukraine. The analysis of the definition of the concept of the national innovation system, which is proposed in the draft Innovation Code of Ukraine, was carried out. Based on the study of the concept and structure of the national innovation system, its main features were determined, namely. The national innovation system covers a complex of economically, organizationally and legally interacting subjects, which include: subjects of scientific, scientific and technical, innovative activity, innovative infrastructure, specially authorized bodies of state power and local self-government in the field of innovative activity; the focus of the subjects of the national innovation s","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"71 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113954176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Separate Issues of the Definition of the IT-sphere employee as a subject of labor law","authors":"D. Zaika","doi":"10.37772/2518-1718-2023-1(41)-8","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-8","url":null,"abstract":"Problem setting. In the conditions of digital transformation of society, the IT sphere counts a significant number of specialists. With the beginning of full-scale aggression against Ukraine, the IT industry is one of the few that can function. Nowadays, the definition of the term «IT employee» still does not exist either in legislation or in the doctrine of labor law. Therefore, distinguishing the features of the term «IT employee» is one of the urgent problems of labor law. Analysis of recent researches and publications. In recent years, the following scholars of labor law have, to one degree or another devoted themselves to researching the concept of an IT employee: L. P. Amelicheva, S. Ya. Vavzhenchuk, V. V. Zhernakov, M. I. Inshin, L. V. Kotova, S. M. Prilypko, O. I. Protsevskyi, O. G. Sereda, A. M. Slyusar, V. L. Kostyuk, G. I. Chanysheva, V. I. Shcherbina, O. M. Yaroshenko, and others. Despite the development of a general question, there was no definition of the term «IT employee» in labor law, which determines the relevance of the choice of topic. Тarget of the research is to identify the main features of the concept of «IT employee» and to define it. In order to realize the specified goal, the following tasks were set: to investigate the concept of «IT sphere», to analyze the features of such terms as «subject of law», «subject of labor law», «employee», to distinguish the concept of «employee of the IT sphere» from the concept of «gig specialist». Article’s main body. This was achieved due to the method of analysis, which made it possible to identify the characteristics of an employee in the IT field, which are typical and atypical for other employees, subjects of labor law and subjects of law; the method of generalization, which allowed to define the concept of «IT worker» after researching the general and special features of the specified term; a comparative legal method that made it possible to compare and analyze a gig specialist and an IT employee. We have found that: (a) the general characteristics of an IT worker include the characteristics inherent in the concepts of «employee», «subject of labor law», «subject of law»; (b) a special feature of IT workers is the performance of a job function in the field of data collection, processing and transmission to obtain information of new quality and its use on the basis of computing and information technology; (c) legal regulation of IT workers and gig specialists is demarcated; (d) definition of the term «IT employee» is provided. Conclusions and prospects for the development. Thus, an IT employee is a individual person who has reached the legal age and has entered into an employment contract with an employer to perform a job function in the field of data collection, processing and transmission to obtain new quality information and use it on the basis of computing and information technology.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133246798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}