Concept of High-Technological and Scientific Production as Objects of Legal Relations of State Improvement of Development and Delivery

Abstract

Problem setting. The main factor in the development of any country is the targeting of intellectual capital, science and high technology. Under such conditions, it is vital for the national economy of Ukraine to produce and increase the supply of high-tech, high-tech products. In achieving this goal, one of the main factors is the creation of the legal and institutional foundations of the said economic activity. Analysis of recent researches and publications. Such researches as Grinko I.M., Krekhivsky I.O., Salikhova O.B., Salyga S.Ya., Yaremchuk N.T. and etc. devoted their works for research of high-tech and science-intensive products as objects of legal relations of state stimulation, however, unfortunately, a comprehensive study of this issue was not carried out. The target of research is an attempt to determine the legal regulation of the production and supply of high-tech and science-intensive products. Article’s main body. The author of the article distinguishes the concepts of “science-intensive”, “science-intensive” and “high-tech” products, it is determined that the concepts of “science-intensive”, “science-intensive”, “high-tech” products are quite used and used more than 1500 normative legal acts. The author presents several main blocks of problems that cannot be solved without proper legal identification of these terms. It has been established that, as of today, the legislation does not have a single approach to the definition of the concepts of “high-tech products” and “science-intensive products”. An overview of the doctrinal sources was analyzed and approaches to the interpretation of these categories were studied. The foreign experience of legal identification of these concepts was considered separately. In particular, the positive experience of the United States of America, where attempts were made to identify these categories for the first time, was investigated. The author also reviewed the experience of Germany, where the list of high-tech goods was presented. Including, the author presented a new Official list of high-tech products, which include aerospace products, computer and office equipment, electronics and telecommunications, pharmaceuticals, scientific instruments, electrical machinery, chemistry, non-electrical equipment, weapons, which was approved by Eurostat 2009. Conclusions and prospects for the development. Summarizing the above, it should be noted that due to the lack of legal and scientific and methodological tools, it is impossible to comprehensively and objectively evaluate the modern national potential of production and supply of high-tech products and, in turn, develop appropriate policies and programs to stimulate them, which also significantly complicates entry of the country into the world market of high-tech goods. To solve this problem, it is necessary to determine the system of criteria for the definition of high-tech products, to develop and approve at the legal level methodological tools for the identification and evaluation of high-tech products and to formulate the corresponding register. It is also necessary to establish at the legislative level a clear system of bodies and differentiate their competence, since the complete inconsistency of actions of state authorities, including the impossibility of Ukraine’s effective entry into the market of high-tech goods.