Economic and Legal Regulation of Experimental Technology Development

Abstract

Problem setting. The current economic indigence of the manufacturing sector in the national economy of Ukraine demonstrates the need for fundamental renewal of production capacity of economic entities and stimulation producers of commercial products prior to the adoption of technology to higher technological order. One of the main obstacles on this path is imperfect legal regulation of social relations associated with the creation, transfer and implementation of technologies, based on those legal categories which are fail to meet the modern economic requirements and inefficient to principles of state influence. Imperfect boarding in the current legislation of Ukraine of the technology concept, its components, and their legal nature is one of the main problems of formation of a suitable state policy and creation of preconditions for development in market mechanisms of self-regulation of the circulation technology sphere. Analysis of recent sources and publications were explored in the works of such scientists as Y. E. Atamanova, K. Y. Ivanova, A. V. Gladka, A. I. Denisov, and others. The main body. The legal science has long ago justified the position that certain forms of material embodiment of the technology can be used in business as a separate material (property) objects of economic relations. Primarily, it is technology as a separate, integral, closed system of machines, devices, instruments, other equipment and mechanisms, which are united by a single technological purpose – the production of goods/rendering of services and directly related to the processing of a specific raw material to the final result of its functioning. These are defined and integrated connectivity components of mechanisms that represent a distinct and integrated set of them and represents a production line. In the second place, the ability to act as the material embodiment of technology in business has its experimental development (research or test sample). Such an object will not always be similar to a production line because it may not be endowed with specific properties, but in particular is a technology in its nature and functional purpose. Conclusions. We proposed the following definition of experimental development. Technology is a materialized form of the embodiment of technology, established by performers of technology transfer in the process of commercialization and is workable and suitable for further technological operations and test runs, or adjusted for industrial use. Experimental technology development must be implemented to the national legal framework as a specific object of normative impact with the following characteristics: (1) Is a system of devices, machines, mechanisms, equipment, connected by a material-spatial and functional purpose; (2) Aimed at achieving the goals of the technology (a) when it is used in the production processes arise the opportunity to get a result (in the form of goods or services), is endowed with the consumer properties which were unknown (or not attainable) earlier; (b) as a result of its usage goods or services that are endowed with properties that far exceed the quality characteristics of the same objects that are already created in the national economy are created; c) objects are created as a result of its functioning, which in turn endowed with the technology properties); (3) Is the result of commercialization of an information technology realization; (4) Is operable (allows to achieve a certain target of existence); (5) Is fit for further work on bringing up the possibility of using within the integral property complex of a business entity, or for further intellectual work on improving its properties and the main economic indicators of functioning.