This study has revealed the inconsistency of the existing rules for regulating the process of financing technology transfer with the external geopolitical and economic challenges that Ukraine had to face. Including through the introduction of martial law and open armed aggression of the neighboring state. It has been substantiated that the current state of regulatory support for the process of financing and financial support for technology transfer does not meet the strategic interests of the state of Ukraine, the national economy, business, production, and society as a whole. The necessity of a significant expansion of the existing mechanisms for attracting free funds in relations related to the circulation of technologies in Ukraine has been proved. The existing restrictions on the capabilities of the non-banking financial sector in the implementation of financial support for the processes of creation, transfer of rights and implementation of technologies have been identified and systematized. An analysis of the feasibility of their weakening was carried out taking into consideration the interests of consumers of financial services and indirect financial investors. General potential directions, forms, and fundamentals, participation of the non-banking financial sector in the processes of financial support for technology transfer have been formed. These include investment, insurance, lending, financial guarantees, financial leasing, additional financing, and co-financing. The experience of the European Union in this area was analyzed. As a result of the study, the main directions of modernization and change of the current legislation of Ukraine were proposed. These changes are aimed at creating preconditions for involving the non-banking financial sector (financial institutions and financial companies) in the processes of financial support for technology transfer in Ukraine.
This paper reports a study into the essence, levels, forms, principles, and types of means of innovative support, as well as the procedure for their provision, which are provided for by the framework agreement "Horizon Europe". A critical analysis of certain elements of this framework agreement was performed. The expediency of conducting scientific research on changing the international legal regulation of implementation of measures of innovative support within the framework program of the European Union "Horizon Europe" has been substantiated. This study is aimed at forming the concept of improving the normative mechanisms of legal regulation of the implementation of means of innovative incentives within the framework of the law of the European Union. In addition, the issue of developing proposals to improve legal mechanisms for assessing the effectiveness of the implementation of previously provided means of support was investigated. It is proved that the formation of an integral concept of supporting innovation processes within the framework of the temporary framework program has a destabilizing effect. A concept of improving the system of normative regulation of means of innovative support and technology transfer in the general system of EU legislation has been proposed. Within the framework of the proposed concept, the expediency of transferring part of the subject of legal regulation of the framework agreement "Horizon Europe" to acts of EU legislation of a higher level is substantiated. Also, a concept of improving the legal mechanisms for assessing the effectiveness of previously provided incentives for innovation and technology transfer has been formed. It is substantiated that such mechanisms should be based on the activities of an expert collegial body within the European Innovation Council. The study results could be used in the formation of international regulations, for the appropriate regulation of these relations.
The object of this paper is the study of the existing organizational forms of startups and the assessment of their compliance with the tasks of technology transfer. It has been established that existing approaches to understanding startups do not meet the needs of technology transfer. The feasibility of improving their legal status is substantiated. Directions for improving the form of a startup in the field of technology transfer have been formed. The following are proposed as the characteristic features of startups in the field of technology transfer: having the status of a business entity, meeting the requirements of a production and commercial entity, having technology or rights to technology, or performing work on its creation. The need to change the provisions of the Framework Program for research and innovation "Horizon Europe" by introducing a separate category of startups in the field of technology transfer is substantiated. Their definition as autonomous small (medium-sized) enterprises at an early stage of their life cycle is proposed. As such, created as a division of a university or research institution, and carrying out production commercial activities and owning the rights to technology or aimed at new technologies or scaling existing business models based on them. A universal legal construction of a startup in the field of technology transfer is proposed, which can be used in national legislation. Under it, it is proposed to understand a business entity, created recently, with the purpose of carrying out production activities and obtaining profit, based on the realization of the appropriate right to technology. The research is aimed at forming directions for improving the legal status of startups. The research results can be used in the formation of international normative acts, to regulate these relations and serve as a basis for further scientific research
Problem setting. Since 2002, after the entry into force of such a legal act as the Law of Ukraine “On Innovation”, within the national legislation of Ukraine was regulated for the first time the legal status of such an object of economic and civil turnover as innovation. The provisions of this normative document were quite revolutionary in terms of the powers of local self-government bodies, which were defined as full-fledged subjects of innovation relations. Despite the fact that the legal regulation of innovation implementation processes exists and improves in our country over the past 18 years, there are still a large number of gaps in regulatory impact, which negatively affect the practical implementation of local (regional) innovation projects. Analysis of recent researches and publications in the work were investigated the works of scientists such as Bielinska, Y. V.; Nezhyborets, V. І.; Orliuk О. P., Butnik-Siverskyi О. B., Myronenko N. М., Petryshyna О. М., etc. Article’s main body. in accordance with the provisions of Part 3 of Article 7 of the Law of Ukraine “On Innovation”, representative bodies of local self-government – village, settlement, city councils in accordance with their competence eliminate only 6 forms of participation in innovation relations. However, as the 18-year experience of legal regulation of the process of application of this norm shows, only a few territorial communities are able to organize the full implementation of a comprehensive program of innovative development of their region. At the same time, the main vector of further expansion of the rights of local governments in the field of innovation has already been determined by the provisions of current legislation of Ukraine. Thus, ratifying the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, the State of Ukraine by Law of № 1678-VII of 16.09.2014, recognized the right to innovation and regional development on their basis is an inalienable right of the territorial community and recognized that such development should take place according to the rules established by the EU Framework Program for Research and Innovation “Horizon 2020”. In our opinion, the forms of participation in innovation activities for local governments provided by EU legislation will allow them to significantly increase the level of socio-economic development of the region and therefore should be reflected in current legislation of Ukraine through the implementation of foreign experience in legal regulation. Conclusions and prospects for development. The current legislation of Ukraine for local governments provides only an exclusive list of forms of participation of such bodies in the innovation process. The analysis of EU legislation allows to determine the role of local governments in innovation processes, as an institution that should provide infrastructure / assistance to other participants through a system of established institutions in which all necessary prerequisites for production and technical support of innovation and close interaction (contact) with the participants of these relations. It is considered expedient to amend Article 7 of the Law of Ukraine “On Innovation Activity” by expanding the list of powers of local self-government bodies in innovation processes. The main directions of expansion of such innovations should be: (a) introduction of new forms of participation of local governments in innovation activities which will be characterized by a higher degree of individuality and selectivity to stimulate the development of those types of innovation activities that meet the needs of a particular region. (b) Granting local governments the right to act as an investor / customer of innovations by concluding agreements with specific economic entities engaged in scientific, research or innovation activities. (c) Imposing an obligation on local governments to control the use of property or resources transferred under the terms of the concluded agreements. (d) Establishing the possibility of financing the developers of innovations only in the case of transfer of property rights (part of property rights) to the objects of intellectual property rights that will be created (may be created) as a result of such financing or security. (e) Obligation of local governments to implement the received innovations through the existing system of utilities, institutions, institutions in the life support system of the region
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