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.
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
The article is devoted to posing the question of the necessity of introducing a separate direction of systemological studies of functional-substantive inter-institutional communication in the system of sub-branches and institutes of economic law and legislation. The specified update is considered on the example of the institutes for the protection of economic competition, on the one hand, and the institute of insolvency and bankruptcy, on the other. In connection with this, the presence of a functional and substantive connection between them, primarily as economic categories, elements of the market-type economy system, was noted. Indeed, competitive struggle can have as its direct consequence the bankruptcy of non-competitive business entities. Bankruptcy of domestic producers can fundamentally change the characteristics of national and local markets regarding the content of competition on them. In this regard, the article notes the need for substantive coordination of the regulatory process of legislative support for these interacting elements of the market economy. The methodology of their autonomous standardization has exhausted its efficiency resource. Although it remains among the arsenal of “work programs”. Thus, the question arises about the basis of the integrated development of the named or many other institutions of the functioning of the market, and most importantly - the institutions of its economic and legal support. As emphasized in the article, such an integrated factor is the economic policy of the state, and in the context of the article – industrial policy, which largely integrates antimonopoly and competition policy. It is in the context of the tasks of the industrial policy of the state that it is possible and necessary to establish strategic and tactical functional-correlational connections that ensure the interaction of various institutions of economic law, ultimately having a common macro-object – the market economy. As for the instrumental level of the development of such coordination and interaction, we can talk about legislatively established standards of economic competition of economic entities, criteria for the monopolization of the markets of goods and services, criteria for determining individual markets and their relationships, the grounds for economic and legal liability for offenses in the field of economic competition etc. Legal bankruptcy procedures also have numerous “the reference points” of such interaction, in particular: means of preventing bankruptcy, legal regimes for restoring solvency, establishing special regimes of bankruptcy procedures for a number of categories of economic entities, special conditions of the debtor’s rehabilitation, etc. Therefore, the article emphasizes the necessity to form models of meaningful adaptivity and functional interaction of legal goals and legal means from which separate institutions of economic law are formed to ensure effective economic and legal impact on a single system-working economic organism.
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