Law and innovations最新文献

{"title":"The Principle of Justice is the Key Principle in the Payment of Scientists","authors":"O. Yaroshenko, Nataliya Vapnyarchuk","doi":"10.37772/2518-1718-2023-2(42)-11","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-11","url":null,"abstract":"Problem setting. In the conditions of European integration transformations in Ukraine, work remains the main source of income for the population, and therefore the issue of wages is important for the paradigm of post-industrial development of all economic systems. Currently, the state has, unfortunately, established a policy of low wages, which negatively affects the growth of labor productivity. Therefore, the payment of labor almost does not fulfill its key function – the reproduction of the spent energy of human resources and the motivation of workers for productive work. As of today, in the conditions of active law-making perspectives of the labor legislation of Ukraine in the aspect of their European integration, the issue of developing and implementing effective labor payment systems has matured. Purpose of the research is to consider fairness as a key principle in the remuneration of a special subject of labor law – scientific workers. Analysis of recent researches and publications. Such scientists as M. Baru, N. Bolotina, V. Burak, Yu. Burnyagina, N. Hetmantseva, K. Dovbysh, V. Zhernakov, T. Kolyada, O. Protsevskyi, Ya. Simutina, O. Yaroshenko and oth. Important scientific provisions on which the modern understanding of the category of justice is based are developed in the works of O. Bandura, V. Horbatenko, K. Dovbysh, I. Zhigalkin, V. Kovalchuk, M. Kostecki, P. Rabinovych, H. Chanysheva etc. Their scientific works have not lost their scientific value until now, however, in modern conditions, the issue of justice, in particular in the field of remuneration, takes on a new meaning and needs to be reconsidered. Article’s main body. Today, more than ever, there is a need for highly qualified personnel and their professionalization. Therefore, the priority directions of educational and scientific policy should be the development, adoption and implementation of decisions aimed at preserving and developing the personnel potential of education and science, ensuring its vital activity, establishing order and procedures that determine the most effective use of human resources. Important importance in this process is the creation of decent working conditions, decent and fair pay, proper, safe and healthy working conditions. Since the policy of low wages in the educational and scientific spheres leads to workers looking for work in other types of economic activity with a higher level of wages and migration abroad. Conclusions and prospects for the development. One of the main issues that need an urgent solution is the issue of remuneration of scientists. In particular, the remuneration of a scientific worker should provide sufficient material conditions for his effective independent creative activity, increase the prestige of the profession of a scientific worker, stimulate the involvement of talented young people in scientific and scientific and technical activities, and improve the qualifications of scientific workers. All teaching staff should h","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134273263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Effects of Digital Transformation in the Recovery Process of Ukraine","authors":"M. Khaustova","doi":"10.37772/2518-1718-2023-2(42)-13","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-13","url":null,"abstract":"Problem setting. The reconstruction and restoration of Ukraine is the main goal and task facing the Ukrainian government and the President of Ukraine. In the implementation of these directions, Ukrainian society is fully supported by international partners and the international community. The Ministry of Digitization continues to work actively in this direction, which implements and continues to develop further steps in the improvement of digitalization in order to facilitate the life of Ukrainian society, taking into account all the problems and issues that have arisen before Ukrainian citizens as a result of the military aggression of the Russian Federation. Reconstruction, as noted by the Ministry of Digital Affairs of Ukraine, should be transparent and open to citizens. In 2022, the Ministry of Digital Transformation helped the Ministry of Reconstruction create a Register of Damaged and Destroyed Property. The information stored in it will help outline an effective recovery plan and compensate Ukrainians who suffered due to the war. Among the nearest plans of the Ministry of digital transformation is the creation of additional analytical systems to ensure the transparency of the process. So that both Ukrainians and international partners who will help rebuild Ukraine could see how the funds are distributed and what exactly they are spent on, and so that Ukrainians could repair their houses and return home, together with the Ministry of Reconstruction and partners, the Reconstruction in Action service was launched. Purpose of the research. It is necessary to emphasize the need for further work in the direction of the development and further analysis of the main directions of digital policy, the identification of the main critical issues in this area and the outline of ways to prevent and solve them. For Ukraine, it is worthwhile not only to look for recipes for successful post-war reconstruction and best practices, but also to avoid the mistakes that were made in other countries that followed a similar or similar path. Analysis of recent researches and publications. Among the researchers who directly investigate the main ways and directions for the recovery of Ukraine, including in the field of digital transformation, it is possible to single out Yu. Horodnichenko, I. Sologub, Yu. Bezvershenko, K. Yefremova, S. Hlibko, B.B. Eichendrin, T. Becker and others. Article’s main body. In the modern world, the implementation of information and communication technologies and the development of elements of a digital society are considered one of the priority strategic tasks and national priorities. Digital technologies, as well as public and human activities related to them, form the digital sphere of modern society, which in current conditions determines the economic and innovative potential of the state, the level of education and human development, determines social progress, the effectiveness of state administration and the implementation of democra","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121179883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Genesis of the Establishment of the Legal Mechanism to Fight Corruption in the EU (Problem Statement)","authors":"Denys Baіurka","doi":"10.37772/2518-1718-2023-2(42)-8","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-8","url":null,"abstract":"Problem setting. In the modern world, the phenomenon of “corruption” has acquired an international character, which determines the need for a systematic and extensive approach to the cooperation of states in the field of combating this phenomenon. Therefore, defining a complex of means, primarily legal, as a set of measures and ways of identifying, overcoming and neutralizing this phenomenon is an urgent task. Analysis of recent researches and publications. The issue of the functioning of the legal mechanism for combating corruption in the EU has not been studied in modern legal science. Purpose of the research is to analyze the state of doctrinal and legal support for the functioning of the legal mechanism (system) for combating corruption in the EU in the context of the adaptation of Ukrainian legislation to the requirements of EU law. Article’s main body. The main approaches to the definition of the concept of “corruption” in the legislation of European countries, the means and measures to prevent this phenomenon, as well as the effectiveness of the implementation of European legislation in Ukrainian have been studied in the research. The activities of the international, national, and supranational organizations whose functions include the prevention of corruption were discussed in the article. The main corruption factors and risks facing the legislator have been analyzed. It has been found that not all normative legal acts in the field of combating corruption are mandatory. A significant problem is the contradiction in the definitions, as well as the ways of overcoming corruption in different countries of the European Union. The range of main corruption factors of the EU countries has been adduced. Proposals for the prevention of corruption at the international level have been developed, as well as the results of international cooperation for the improvement of international institutions in the field of combating corruption. The experience of Ukraine in the field of anti-corruption has been studied. The process of adaptation of Ukrainian legislation to the EU legal system has been analyzed. The exceptional importance of the practical options for the implementation of those scientific research solutions in the field of combating and preventing corruption, which in the future can serve as the basis for the modernization of Ukrainian legislation in this area and assistance in the effective fulfillment of obligations under the Ukraine-EU Agreement, was justified. The necessity of forming a fundamentally new, modern Anti-corruption strategy of Ukraine was substantiated. Conclusions and prospects for the development. The adaptation of Ukrainian legislation to the EU legislation takes place simultaneously with the legal reform in Ukraine. The current legislation of Ukraine is contradictory, unstable, and therefore imperfect, but the EU attaches particular importance to the quality of normative legal acts. Activities for the further reform and implem","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114566917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review and Comparative Characteristics of Services that Contribute to Information Provision of Innovative Activity","authors":"S. Hlibko, Illia Mamaiev","doi":"10.37772/2518-1718-2023-2(42)-6","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-6","url":null,"abstract":"Problem setting. The concept of post -industrial society implies that the economy of modern states should prevail in the innovation sector with high -yielding industry, knowledge industry and high proportion in GDP of high -tech and innovative services. In this approach, information is considered by a separate full -fledged resource, which not only does not infer the traditional material resources, but may also be more important. The development of the economy in the realities of post -industrial society requires the creation of favorable conditions for the activity of competitive innovative enterprises, many of which begin as startups and SMEs. At the same time, such enterprises require significant individual information support and support. In order to understand what support can be calculated by representatives of the domestic innovation sphere, it is advisable to inspect and compare the services that contribute to their information support. One of the varieties of such services is information and communication platforms. Analysis of resent researches and publications. The roles of startups, SMEs and innovative infrastructure in modern society are devoted to many works of employees of the Research Institute of Providing Legal Framework for the Innovative Development, in S. V. Hlibko, D. S. Korytin, I. V. Podrez-Riapolova, M. H. Khaustova et al. Among the domestic scientists involved in the issues of information and communication technologies and systems, it is possible to distinguish K. O. Bezuhla, P. M. Lissov, P. P. Maslianko. Purpose of the research is to carry out inspection and comparison of services that contribute to information support (with emphasis A of information and communication platforms), in order to cover the support of startups, SMEs and other persons who directly and indirectly contribute to the development of the domestic competitive economy. Article’s main body. Scientific work examines and compare services that contribute to information provision of innovation (business activity of innovative subjects). Special emphasis is placed on information and communication platforms, in particular on the development of the Scientific and Research Institute of Providing Legal Framework for the Innovative Development – Smart Law Innovation platform (SLI). The definition and classification of infocommunication systems, which allows you to outline the essence of Smart Law Innovation, is given. The article pays attention to the importance of information for building a modern competitive economy in the postindustrial world. While innovative activity is a prerequisite for the described development, information support is an important condition for the activity of innovative entities. The article emphasizes the importance of information support (information and counseling) of startups and SMEs, which bring a significant share to the innovative development of successful countries, but require special support for launching, developing and avo","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121975505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of the Principles of State Innovation Policy and Ways of State Regulation of Innovation Activities in Financial Support of Innovation Projects","authors":"Pavlo Duravkin","doi":"10.37772/2518-1718-2023-2(42)-16","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-16","url":null,"abstract":"Problem setting. Innovative activity and the level of its support from the state have always been and are the key to sustainable economic and social development. The establishment of guidelines for financial, credit, and tax incentives in the principles of the state innovation policy and the ways of state regulation of innovation activity shows the extremely high importance of these mechanisms for the development of innovation activity. In this regard, it is very important to study such mechanisms, establish their essence and impact on the development of innovative activity. Taking into account the specifics of specific manifestations of innovation activity stimulation, it becomes necessary and relevant to analyze both the types of financial support for innovative activity and taxation mechanisms related to its stimulation, as well as the subject composition of those bodies involved in, respectively, financial, credit, tax support of innovative activity by the state. Analysis of recent researches and publications. Issues of various manifestations of financial stimulation of innovative activity have always been and remain the subject of close attention of both domestic and foreign scientists. In particular, Yu. E. Atamanova, S. V. Hlibko, S. G. Gordienko, T. V. Grynko, A. M. Lyubchych and others made a significant contribution to the formation of the scientific basis for the study of the problems of financial support of innovative activities. Purpose of the research is to research of the principles of state innovation policy and ways of implementing state regulation of innovation activity related to its financial, credit and tax support, analysis of the participation in this support of the relevant state bodies and the interaction with them of the subjects of innovation activity. Article’s main body. Ensuring the interaction of science, education, production, financial and credit spheres in the development of innovative activities; effective use of market mechanisms to promote innovative activities, support of entrepreneurship in the scientific and industrial sphere; financial support, implementation of favorable credit, tax and customs policy in the field of innovation activity belongs to the main principles of the state innovation policy in accordance with Part 2 of Art. 3 of the Law of Ukraine “On Innovative Activity”. At the same time, the creation of a legal framework and economic mechanisms to support and stimulate innovative activities; financial support for implementation of innovative projects; stimulation of commercial banks and other financial and credit institutions that provide credit for the implementation of innovative projects; establishment of preferential taxation of subjects of innovative activity are ways of state regulation of innovative activity in accordance with Part 1 of Art. 6 of the Law of Ukraine “On Innovative Activity”. To the types of financial support of innovative activity in Part 1 of Art. 17 of the Law of Ukraine","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124759232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Digital Platformas a Tool for the Functioning of the Technology Transfer Network","authors":"O. Rozghon","doi":"10.37772/2518-1718-2023-2(42)-3","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-3","url":null,"abstract":"Problem setting. Today, the digital economy is being transferred to the digital platform, including in the area of technology transfer for innovative products and/or services. Analysis of recent researches and publications. The following scholars were interested in the conceptualization of digital platforms: Acs Z. J. et al. (2021) , Kenney M. and Zysman J. (2020), Plantin Jean-Ch. (2018), Van Gorp N. and Batura O. (2015), Spagnoletti P., Resca A. and Lee, G. (2015), Ghazawnehand A. and Henfridsson O. (2013), Ceccagnoli M. et al. (2012), Tiwana A. et al. (2010), Kurz T, Eder R. and Heistracher T. (2010), Venters W. (2021), Mansell R. and Steinmueller W. E. (2020), Frenken K. and Fuenfschilling L. (2020), Thompson M, Mukhopadhyay S., Bouwman H. and Jaiswal M. P. (2019), Otto B. and Jarke M. (2019), Poell T. et al. (2019), Gawer A. (2021), Van Dijck J. (2020, Keskin B. Van Dijk et al. (2018), Schwarz J. A. (2017). Among Ukrainian scholars, the problems of introducing digital platforms and the conceptual foundations of their development in the context of the formation of the digital economy were of interest to Kokhan V. P., Sichkarenko K. O., Ostrovsky I. A., Lyashenko V. I. and Vyshnevsky O. S., Semenog A. Y. Purpose of the research is to identify the existing views on the category of «digital platform» in the scientific literature, to identify its characteristics, and to provide an overview of its types. We will find out the impact of digital platforms on the activities of technology transfer networks and identify gaps in legal regulation and suggest opportunities for future research. Article’s main body. The article studies the conceptual provisions for substantiating the essence of the category «digital platform» and its impact on the activities of a technology transfer network. The author proves that a digital platform is an important factor enabling innovation through a technology transfer network, a mechanism for stimulating technology transfer, and a certain means of digital transformation. The concept of «digital platform» is widespread in the legal and economic literature, but there are significant differences of opinion among scholars regarding its essence. The study has led to the conclusion that a digital platform is a networked form of business organization, a special type of business model that brings together participants on the principles of an ecosystem and on a voluntary basis to promote valuable interaction between the involved participants, ensure coordination, dissemination of information, transfer of technology, and provision of services. The study found that there are business models of platforms that have a network effect and they exist in the following types: transactional, innovative, integrated, investment, and information platforms. The article emphasizes that from a legal perspective, a digital platform (for technology transfer) is a key tool for the functioning of a technology transfer network which provides for the co","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125017325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fan Art and Intellectual Property Rights on Electronic Commerce Platforms","authors":"D. Shmatkov","doi":"10.37772/2518-1718-2023-2(42)-10","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-10","url":null,"abstract":"Problem setting. With the rise of e-commerce in the Digital Age, businesses that focus on making and selling fan merchandise are now widely distributing their products online. Given the issue of distribution, use and management of intellectual property rights in the given context, the problem requires appropriate research. Analysis of recent researches and publications. In the previous studies, broad questions are discussed, but the details and practical implementation of the theory remain outside the attention of scientists. Is it enough to talk about copyright and sometimes about trademarks when it comes to infringement of intellectual property rights by creators of fan art products? What infrastructure do e-commerce platforms offer for fair use of popular works? These questions are relevant, but the answers to them have not yet been sufficiently disclosed in the scientific literature. Purpose of the research is to determine the components of the infrastructure of e-commerce platforms, which ensures the legitimate use of intellectual property of the creators of popular products. Article’s main body. The infrastructure offered by well-known marketplaces has been analyzed. Platforms such as eBay, Etsy, Amazon, Redbubble and Teepublic were selected for the analysis. Infrastructure components such as intellectual property policy, involvement of the right holder and fan art creator, a list of companies open to cooperation, opportunities for communication with the right holder, availability of standard license agreements, the possibility of concluding license agreements through the platform, an accessible portfolio of intellectual property, and the possibility of carrying licenses to other platforms are defined. It has been established that greater specialization in fan art leads to greater efforts to create an infrastructure for the fair use of intellectual property of creators of popular products. At the same time, in the author’s opinion, such platforms could, first of all, make it possible to use licensing agreements beyond the platform and expand the involvement of fan art creators in two-way interaction with the rights holders. Conclusions and prospects for development. The obtained results confirm the relevance, established by previous studies, of studying and improving legal relations between large companies and creators of fan art. The presented study also extends the previous ones in the context of the use of different types of intellectual property in the relevant commercial activity. A significant scientific contribution is the examination of the problem in the context of electronic commerce – this approach allowed opposing the supporters of the opinion that the owners of popular products tend to allow the use of derivatives of such products for the purposes of even greater popularization. This opinion in previous studies has probably been mostly about non-commercial use, but the line between non-commercial and commercial use of fan art i","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133486780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Digital Economy Technologies and Financial Security","authors":"K. Yefremova","doi":"10.37772/2518-1718-2023-2(42)-1","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-1","url":null,"abstract":"Problem setting. The transformation of the Ukrainian economic system and the financial sector is connected with the new needs of the state, the globalization of the world financial space, and therefore with new challenges and threats. Analysis of recent research and publications. In their works, I. Andrushkiv, L. Nadievets, L. Haryaga, O. Stoyko, and others dealt with issues of increasing the volume of digitalization, digitalization of financial products, and the specifics of the influence of fintech companies on the financial sector. The issue of security of financial institutions was studied by such domestic scientists as: O. Baranovskyi, Z. Varnaliy, S. Yegorycheva and others. Purpose of the research is to analyze the connection of digital financial technologies to the financial security of the state, to study the positive and negative impact of FinTech on the state economic policy and financial security, and to emphasize the need to adapt regulatory approaches to support a safe financial system. Article’s main body. The article is devoted to the issue of the relationship between digital economy technologies used in the financial sector and the financial security of the state. Positive and negative factors of influence of FinTech on banking, budgetary and monetary security, as components of financial security of the state, are determined. The author concludes that the development of financial technologies has the potential to increase financial security by improving the security of transactions, effective compliance with regulatory requirements, expanding access to financial services, and reducing the potential for money laundering and terrorist financing. Digital technologies are a powerful driver of the principles of transparency of financial relations, which is especially noticeable at the level of public finances. A key role in the formation of the financial security of the state is played by the provision of indicators of budget security, therefore the author paid attention to the consideration of the peculiarities of the openness of the budget. RegTech and SupTech, which in turn are technologies for managing regulatory processes and supervisors in the financial industry. Conclusions and prospects for the development. The author concludes that the regulatory framework should be based on risk assessment, contributing to cyber security, data privacy and protection of consumers of financial services, while contributing to the financial security of the state.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129939255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the Issue of the Place of State Support of Small and Medium-Sized Enterprises in the Economic Law System of Ukraine","authors":"I. Selivanova","doi":"10.37772/2518-1718-2023-2(42)-15","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-15","url":null,"abstract":"Problem setting. In Ukraine, state support for small businesses was introduced in 2000. Currently, the mechanism of state support of economic entities is regulated by a number of acts of national legislation. However, the place of the legal institution of state support in the system of economic law, its relationship with state aid, the criteria for the admissibility of state aid in the context of the unification of national legislation with EU legislation continue to remain debatable in the science of economic law. Analysis of recent researches and publications. Economic and legal problems of small and medium-sized enterprises and their state support were studied by many domestic and foreign scientists. Only recently, these issues were considered in the collective monograph of the Research Institute of Legal Support of Innovative Development of the National Academy of Sciences, the monograph of D.S. Korytin, who studied the legal regulation of the economic activity of small and medium-sized enterprises, the dissertations of Feofanova I.M., who considered the economic and legal aspect of the admissibility of state aid and Petrova N.O., who studied the administrative and legal principles of monitoring state aid sub economic entities in Ukraine. Purpose of the research is to determine the place of the institute of state support of small and medium-sized enterprises in the system of economic law of Ukraine. Аrticle’s main body. Small and medium-sized enterprises play a significant role in the world economy. However, the operating conditions of small and medium-sized enterprises in Ukraine are difficult. Obstacles are the imperfection and burdensomeness of the taxation system, the presence of administrative obstacles, unsettled issues of financing and lending, low level of state financial support, underdeveloped infrastructure supporting entrepreneurship, etc. Currently, to these reasons added the negative consequences of Russia’s full-scale aggression. Such an effective tool as state support helps small and medium-sized enterprises overcome the consequences of the war and develop their activities in the post-war period. Therefore, strengthening the state support for small and mediumsized enterprises and improving the mechanism of its provision is an extremely urgent issue for our state The activity of small and medium-sized enterprises is very important for the economy of Ukraine. In wartime, their effective activity contributes to increasing budget revenues and reducing unemployment, and in the post-war period should become the very lever that will accelerate the growth of the economy and the reconstruction of the country. However, the Economic Code of Ukraine contains regulations on state support and protection of all economic entities. and support of small and medium-sized enterprises is not the state’s priorities Conclusions and prospects for the development Small and medium-sized enterprises play a significant role in the economy of Ukraine. In ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129271944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Correlation Between EU Ac Quis, Domestic Law and International Law in Light of Legal Governance of the European Patent with Unified Effect","authors":"I. Maryniv","doi":"10.37772/2518-1718-2023-2(42)-7","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-2(42)-7","url":null,"abstract":"Problem setting. The article is devoted to detection of the legal nature of the relationships between EU Member States’ domestic law and newly-created system of patent law governance, which comprises the Council Regulations 1257/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection and № 1260/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements as well as the Agreement on a Unified Patent Court. The subject of this research are the potential challenges the enforcement of the EU law may pose to the Unified Patent Court, along with enforcing Contracting State’s domestic law and international treaties, binding to the Contracting States as well as potential threats that can emerge after the Unified Patent Court becomes operational, especially the threat of legal fragmentation in terms of patent relationships. Profound analysis of the rules, that set the procedure of using different types of legislation while hearing the patent disputes cases has been made. The legal opinions of the Court of Justice of the European Union concerning the autonomous judicial bodies and their influence on the EU law have been presented. Potential threats to the EU legal system’s integrity and possible ways of deterring them have been outlined. Comparisons between recent and previous legal problems concerning the field of the EU law integrity have been made. The main arguments of the Court of Justice of the European Union have been studied and the most durable ones have been stressed as the milestones of the future Unified Patent Court legal practice. Conclusions about the importance of domestic and EU law correlation in light of patent legal sphere have been made. The drawbacks of current EU legislation and the need for the Court of Justice of the European Union to reconsider its positions have been mentioned. Analysis of recent researches and publications. The problems of compiling EU rights and national rights of EU member states in the context of their use by EU institutions, as well as other bodies, in particular the ECHR, as well as the question of fragmentation of patent law, were raised by the following EU researchers: Kristof Krenn, Giuseppe Martinico, Jorg Polakiewicz, Sionaidh Douglas-Scott, Steve Peers, Douwe de Lange, Tatiana Komarova. Purpose of the research is to conduct a profound analysis of the problem concerning the use of EU law and other legal sources by the Unified Patent Court during its future legal practice and to study the bonds between the Court of Justice of the European Union, the Unified Patent Court and Contracting Member States and their role in the creation of the new legal framework. Article’s main body. The analytics of the EU patent law harmonization has been an object of attention of many researchers so far. For instance, Reto M. Hilty and the collective of authors, who studied the problem of ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123485853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}