Legal tendencies of startup regulation in the EU

Abstract

Problem setting. The development of information and communication technologies, digitalization of society, the transition of consumers to the sphere of electronic interaction with the seller of goods, services, works causes the need for legal support for the effective development of innovative sectors of the economy. At the same time, first of all, it is necessary to take into account the needs of innovative newly created business entities - startups, the legal nature and specifics of which do not have a common understanding in Ukraine and abroad. At the same time, startups are the main "consumers" of grant proposals and contribute to attracting additional investment, including foreign, in the economies of individual countries. That is why the European Union (hereinafter - the EU) in its policy in 2021 has set a course to maximize the incentive to establish startups in the EU as people already living in Member States and immigrants from third countries, because it is from the level of innovative entrepreneurship depends on the economic stability and potential of the future of the state. Analysis of resent researches and publications. Recent research and publications on the subject. Scientists such as S. Blank, J. Guzman., S. Stern., S. Glibko, K. A. Karbovska, TV Kotyai, L. Gulyaeva, L. Zhuk and others. The target of research is to conduct a comprehensive analysis of legal trends in the development of startups in the EU and compliance with these trends in regulations and law enforcement practices of Ukraine. Article’s main body. Today in the EU the signing of the Declaration "Startup Nations Standard" is in the final stage. By analyzing the content of this Declaration, at an early stage of development of startups it is possible to identify the following vectors of development of legal regulation of EU countries: 1) fast state registration of the startup (as a general rule - 1 day, however, in exceptional cases related to the need for additional checks - no more than a week); 2) the cost of administrative services related to registration may not exceed 100 EUR. 3) availability of effective support services for startup founders; 4) the existence of a single web portal, which has all the relevant legal information on the registration procedure, administrative fees and funding opportunities; 5) availability of electronic support system, including from other EU countries; 6) recognition of legal documents of other EU countries as confirmation of startup registration. The same Declaration provides for cooperation with non-EU countries, which includes, on the one hand, an accelerated procedure, visa issuance for persons planning to register a startup in an EU member state, which can be achieved by having a startup partner from the state. EU, or the presence of such a founder of relevant experience in conducting innovative business, and on the other - to encourage the return to the EU of startups whose founders emigrated to other countries. In addition, it is declared to reduce the tax burden and simplify administrative procedures, in order to implement the guiding principle of supporting EU business - "Think Small First". As of March 2021, the Declaration of Startup Nations Standard has been signed by 24 EU member states and only 3 countries are refraining from signing: Hungary, Bulgaria and Croatia. Conclusions and prospects of the development. The leading trends in the development of EU legislation are to simplify the procedure and "reduce" the cost of state registration of startups, digitalization of communication between their founders and government agencies, promoting a single web portal that takes into account all relevant information necessary for registration and operation of startups. about available administrative services, their cost, term of granting, actual grant offers and means of state support, etc.). Compared to the analyzed EU member states, Ukraine generally meets the requirements of the Declaration "Startup Nations Standard" on the speed and cost of state registration of startups, as well as the publication of relevant information for founders on the list of required documents and details of services. At the same time, information support for startups needs to be improved in terms of the functioning of a single web portal with up-to-date data on the opportunities for startups to receive support and other legal information necessary for their activities.