Unification of innovative legislation of Ukraine: problems of theory and practice

Abstract

Problem setting. The state of regulatory and legal support in the field of innovation has long been of concern to many scientists, who emphasize the need to systematize innovation legislation, bringing it into a single system. Modern legislation governing innovation has more than 300 regulations. Such a large array of norms, their excessive number and "scattering" in various branches of law cause problems in the legal regulation of innovation relations. But not only quantitative but also qualitative indicators of the state of the legal framework, substantive and terminological content of norms, harmonization of the provisions of various acts leave much to be desired. Analysis of resent researches and publications. Certain aspects of improvement and codification of innovation legislation of Ukraine have been the subject of research by such scientists as: Atamanovа Yu. Ye., Bryntsev V. D., Heits V. M., Hlibko S. V., Davydiuk O. M., Yefremova K. V., Zadykhailo D. V., Znamenskyi H. L., Liubchych A. M., Simson O. E., Fronchko V. V., Shapovalova O. V. and others. Separately it should be noted the leading scientist Atamanova Yu. Ye., who made a significant contribution to the development of basic and applied research on the formation of innovation law and improvement of innovation legislation. Target of research. Research of the process of unification of innovation legislation of Ukraine in the theoretical plane, namely: search for forms of unification of legislation and determination of the structure of innovation legislation as the basic properties of legislation. Article’s main body. The research examines the problematic issues of unification of innovation legislation of Ukraine in the theoretical plane, in particular, the search for forms of unification of legislation and the definition of the structure of innovation legislation as the basic properties of legislation. It is concluded that the implementation of the tasks of unification of the legal framework governing innovation is most appropriate through codification. As a result, the effectiveness of legislation should be significantly increased. Regarding the structure of innovation legislation, according to the author, the structure of the draft Code Atamanova Yu. Ye. іs more appropriate, as it is carried out on the basis of existing laws of Ukraine and bylaws. It can be taken as a basis and supplemented taking into account the emergence of new forms and participants in innovation relations. The results of the study of these issues can be the basis for practical application. Conclusions and prospects for the development. The issue of unification of legislation in the field of innovation is relevant and needs to be addressed as a matter of priority. The study gives grounds to claim that the optimal and most effective form of unification of innovation legislation is the adoption of a single legal act - the code. Regarding the structure of innovation legislation, the following groups of norms should be: general provisions, state regulation of innovation relations and state innovation policy, subjects of innovation activity, objects of innovation relations, legal bases of organization and implementation of scientific and scientific-technical innovation activity, economic obligations. binding of innovative character, contractual innovation law, special modes of innovative activity.