以实现社会效应为创新投资的目标

K.M. Vrublevska-Misiuna
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引用次数: 0

摘要

本文重点论述了创新投资作为一种综合性经济法制度的自主发展和立法制度化的必要性,其目的是为创新产品专有权通过投资于这些权利接受者的经济活动而流转提供法律秩序。目的是通过提高受援国生产活动的技术水平和有关商品和服务的竞争力,获得投资回报。从投资和实现社会影响的角度考虑创新活动。值得注意的是,创新投资主要具有商业性质,其目的是通过实现创新产品获得利润。但是,也审议了为实现社会影响而进行创新投资的权宜之计问题。研究了以实现科技成果为目的、投资回收期长、无直接利润的创新投资。为此,本文探讨了“社会影响”的法律范畴,界定了“社会影响”的本质,并指出了立法界定的问题。强调非商业创新投资与商业投资的性质和目的不同,需要单独的立法规制。为了取得社会影响,可以进行非商业性创新投资,因此,建议通过一项单独的“社会影响投资法”,这将提供适当的法律基础,并促进该国创新项目的发展。同样重要的是研究和借鉴国外开展非商业投资的经验,但要充分考虑本国的国民经济情况,使所采取的规定能够有效地适用于具体关系,而不是纯粹的说明性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Achieving social effect as the goal of innovative investing
The article focuses on the necessity of independent development and legislative institutionalization of innovative investment as a comprehensive institution of economic law aimed at providing legal order in the turnover of exclusive rights to use innovative products through investment in the economic activities of the recipient of these rights, with the purpose of obtaining investment returns by the investor through increasing the technological level of the recipient’s production activities and the competitiveness of relevant goods and services. Innovative activities are considered from the perspective of investments and achieving social impact.It is noted that innovative investment is predominantly of a commercial nature, aimed at obtaining profits from the realization of innovative products. However, the question of the expediency of carrying out innovative investment for the purpose of achieving social impact is also considered. Innovative investment that seeks to implement scientific and technological achievements with long payback periods, but without direct profit, is investigated. To this end, the legal category of “social impact” is explored, its essence is defined, and problems of legislative definition are identified.It s emphasized that non-commercial innovative investment requires separate legislative regulation, as it differs from commercial investment in its nature and goals. Non-commercial innovative investment may be undertaken for the purpose of achieving social impact, and therefore, the adoption of a separate “Law on Investment for Social Impact” is proposed, which would provide an appropriate legal foundation and promote the development of innovative projects in the country.Equally important is the study and consideration of foreign experience in carrying out non-commercial investment, but with due regard to the national economic situation of the state, so that the adopted provisions can be effectively applied in the specified relationships and not have a purely declarative nature.
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