Abstract

A comprehensive analysis of the Ukrainian legislation regarding the regulation of innovative activities and their implementation practice indicates the presence of multiple problems of a legislative, organizational, and executive nature in the sphere of regulation, support and development of innovative activities in Ukraine.
 The article analyzes legislative changes regarding the procedure for creating science parks as a part of higher education institutions in their establishment, highlights the positive and negative consequences of such changes for the development of innovative activities.
 The Law of Ukraine "On Science Parks" adopted in 2009 established that only a higher educational institution and/or a scientific institution can initiate the creation of a science park, while not separately regulating "initiation" as a stage in the creation of a science park.
 The author proves that the restraining factors in the creation of a science park in accordance with the specified Law as amended on June 25, 2009 were, firstly, the need to agree the decision on the creation of a science park with the Ministry of Education and Science of Ukraine, the inconsistency of normative legal acts regarding the list of documents, necessary for the approval of the decision on the creation of a scientific park and the terms of approval. Secondly, the mandatory process of adding property rights to objects of intellectual property to the authorized capital of the science park, since in accordance with the Law as amended on June 25, 2009, a higher educational institution and/or a scientific institution participate in the formation of the authorized capital of a scientific park park only by adding intangible assets to it (property rights to intellectual property objects).
 On the basis of a comprehensive analysis of the Law as amended on September 7, 2021 and other legal acts, it was concluded that the procedure for creating science parks was changed only for private institutions of higher education, leaving it unchanged for state and communal institutions, for which the volume only decreased documents that must be submitted for approval; the forms of participation of higher education institutions in the formation of statutory funds of science parks have expanded, which can be considered as a positive factor in stimulating higher education institutions to create science parks and develop innovative activities in general.

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