Peculiar Properties of the Economic and Legal Status of the Technology Created as a Result of Scientific or Scientific and Research Works

Abstract

Problem setting: In our opinion, the most optimal way to develop the current legislation is to regulate all possible means of legal regulation of the state policy implementation, which would be aimed at creating appropriate prerequisites for the development of the necessary technologies for national economic entities, domestic scientific as well as scientific and research institutions. Let’s try to look at the fact that modern legal regulation provides an opportunity to create technology as a result of scientific and/or scientific and research works. Analysis of recent researches and publications: Works of such scientists as K. Iu. Ivanova, O. V. Gladka, A. I. Denysov, etc. were studied in this work. Article’s main body: On November 26, 2015, alongside the adoption of the Law of Ukraine “On scientific and scientific and technical activities”, in our country has been significantly changed the doctrinal approach to understanding the essence of science as a separate direction of specialized social activities and has been fixed a new system of results of its implementation. After these legislative changes in the national legal field, it became possible to create a specific object of economic turnover – technology, as a result of scientific work, and for the subjects of scientific/scientific and technical activities it became possible to acquire the appropriate legal status of the technology developer. Let’s try to determine, the implementation of which types of scientific work under the current legislation of Ukraine provides the opportunity to create technology. Systematic analysis of the provisions of art. 1 of the Law of Ukraine “On scientific and scientific and technical activities” makes it possible to establish that scientific work in Ukraine is carried out in the following forms: (1) scientific activities; (2) scientific and technical activities; (3) scientific and pedagogical activities. However, the legislator identifies scientific and technical activities as the main forms of scientific work, at the same time scientific and pedagogical activities are assigned a secondary (derivative) part. Conclusions and prospects for the development. The current legislation of Ukraine considers that technology can be created as a result of such type of scientific activities as applied research. At the same time, the legislator points only to the possibility of creating a technology in the form of an informative system concerning technological and constructive means, techniques and methods of implementation of technology; its characteristics, the rationale for the use at a level that allows to reproduce it within the existing type of production. In other words, it indicates that in the implementation of this type of scientific activities it is possible to create only the technology at the level of its information embodiment. (2) Legal regulation of scientific and scientific and technical activities provides the possibility of assigning the legal status of technology to results of scientific and technical developments. At the same time, objects that will be created as a result of this type of scientific and technical activities can be endowed not only with features of information embodiment of technology. This type of activities allows to conclude that the possibility of the existence of technology with features of its material embodiment (as a system of material objects, devices, equipment, mechanical facilities, united by a single functional purpose). (3) All of the above types of scientific (scientific and technical) works are those activities that can be carried out for the development and improvement of individual components of technology and once again indicate that technology is a natural result of scientific work and scientific activities.