The main changes to science and innovation legislation enacted in May-December 2015
The main changes to science and innovation legislation enacted in May-December 2015
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The main changes to science and innovation legislation enacted in May-December 2015
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The article is devoted to legal regulation of eficiency work in the Russian Federation and some foreign countries. The main problems in the sphere are revealed including the lack of legislative support of the eficiency proposal author's right to reward, and severely outdated legal documents regulating eficiency work that were adopted more than twenty years ago. The approach to the promotion of eficiency work in such developed countries as the USA, Japan and in promptly developing China is analyzed. The article contains a review of legal acts regulating eficiency work in Russia and in some countries of the former USSR, particularly in Belarus, Kyrgyzstan and Turkmenistan. Two basic approaches to the promotion of eficiency work are identiied: the irst is typical for technologically advanced countries with a long tradition of direct support of eficiency work and innovative activity directly at enterprises without participation of the state. The second approach has been developed in the former socialist countries where the state traditionally has strong inluence on virtually all spheres of social life, in particular on creating instruments for the stimulation of eficiency work. In the countries, belonging to the irst group, eficiency proposals are not regarded as legally protected results of intellectual activity. In the second group of countries legal protection of eficiency proposals presently remains in force. There is some legal uncertainty in Russia nowadays: on the one hand eficiency proposal is not a legally protected result of intellectual activity, on the other hand it can be protected as know-how. However there are no legal norms providing for the know-how author's right to remuneration for the creation of the result in the course of the employment. The article suggests amendments to the Russian labor law, aimed at stimulating eficiency work.
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Discussion is dedicated to the study of legal problems of stimulating the interest of businesses in the use of scientiic research and conducting their own research. The relevance of the proposed topic due to the fact that one of the most acute problems of the Russian economy is little demand from the business sector on the existing industrial intellectual property. Identiied problems allowed to develop proposals for improving the legal regulation aimed at the formation and growth of the volume of intangible assets and transactions with them. The author of the report proposes to amend the Russian legislation in the ield of tax regulation, the integration of education and research in business and economics, regulation of labour of research fellows, the settlement of disputes in the ield of intellectual property, promotion of small innovative enterprises, procurement for state and municipal needs.
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The article presents indings from the research funded by the RFH grant «Development of voucher schemes to support innovative projects of small business». It provides an analysis of the legal status of micro, small, medium enterprises in the context of Russian legislation, considers the legal deinition of the «voucher», as well as a need and an opportunity to use innovation voucher as a tool to promote small and medium-sized enterprises. The positive experience of applying an innovative voucher abroad gives grounds to believe that this tool can be successfully applied in the Russian practice to promote small and medium enterprises. However, replication of foreign experience in the absence of the analysis of possibility of adaptation of this instrument may entail the adoption of normative legal acts, which do not conform to the objective reality and, as a consequence, have no practical value and regulating forces. Based on the analysis performed, we can conclude that the innovation voucher has good prospects for effective application in the practice of stimulation of innovative activity in Russia.
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Quite a number of researchers have addressed the topic of the instruments of inancial support for economic entities. In their works they use various approaches to the classiication of such instruments. The most common is their division into two groups: instruments of direct and indirect support. In this article, two tools for stimulating the economic activity of economic entities are considered: a direct support instrument – preferential repayable inancing (credit) and an indirect support instrument – an investment tax credit, in terms of their application to stimulate applied scientiic research. The authors give examples of the application of preferential repayable inancing in other sectors of economy, for example, in agriculture and education. Considerable attention is paid to the analysis of legal acts regulating the use of preferential repayable inancing (credit) and an investment tax credit in practice. At present, none of the instruments for stimulating the activities of economic entities is applied in carrying out research and development. The authors investigate the causes of the situation and suggest possible solutions. Based on the analysis of legislative norms, the authors conclude that these tools can be used to stimulate applied scientiic research. The choice of the topic is caused by the fact that the expansion of the range of instruments for supporting applied research can have а positive impact on transforming new knowledge into new technologies and goods, which is of high importance and requires close attention from the government. The application of these tools, both direct and indirect support, in carrying out applied research in the future can improve the conditions for the development and implementation of innovations. ; For citation: SERGEEVA, O. L., BLAGOVESHCHENSKAYA, A. S. (2018) On prospective instruments for inancial support of economic entities in carrying out applied research. Science. Innovations. Education. No. 3 (29). Pp. 5-22.
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Monitoring in question covers the major changes in Russian legislation relevant to the ield of science and innovation that took place between January and December 2016 and are conventionally divided into the following areas: scientiic and technical policy and organization of science, intellectual property and technology transfer, integration of science and education, innovative policy and development of the national innovation system. Among the laws promulgated stands out the Federal Law ''On Biomedical Cell Products'' that regulates development, research, review, state registration, production and medical use of biomedical cellular products. Another noteworthy development authors of the article believe to be the series of amendments to the Federal Law ''On Librarianship'' covering the creation of the federal information system ''National Electronic Library''. To sum up the changes to the legislation enacted in 2016 were mostly technical rather than conceptual by nature. A detailed regulation of the scientiic and technical sphere was mainly carried out at the subordinate level: by the acts of the President of the Russian Federation, the Government of the Russian Federation, ministries and departments. The most important changes include the reorganization of the two largest Russian foundations supporting scientiic activity. The measure was put into efect by the Decree No. 325-r of February 29, 2016 of the Government of the Russian Federation approving merger of the Russian Foundation for Humanity Studies (RFHS) into the Russian Foundation for Basic Research (RFBR). Thus the sphere of reference of the RFBR has been expanded into the ield of humanities and social sciences previously covered by the activities of RFHS. Another major legal development took form of the Strategy for Scientiic and Technological Development of the Russian Federation put into efect by a Decree of the President of the Russian Federation. The Strategy deines the goal and the key tasks of the scientiic and technological development of the ...
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