1.2 Legal bases of innovative activity

Innovative activity is carried out according to the Constitution of the Russian Federation and the Civil code of the Russian Federation. The Project of the Federal law on innovations and innovative activity Besides, prepares. To regulate innovative activity according to this Law and laws accepted according to it and other standard legal certificates of the Russian Federation, laws and other standard legal certificates of subjects of the Russian Federation, and also the international contracts of the Russian Federation, concerning innovative activity [64]. If the Federal Law on innovative activity while exists only in the project in many regions of Russia Regional laws on innovative activity [63] operate. Regional laws on innovations and innovative activity and the Project of the Federal law are under construction approximately on the same structure, therefore for illumination of legal bases of innovative activity it will be pertinent to state the maintenance and substantive provisions of the Project of the Federal law on innovations and innovative activity, having resulted the maintenance of this Project [62]. We will consider substantive provisions of this Project. First of all, in the Project it is supposed to consider following concepts: an innovation? The end result of the creative activity which has received realisation in the form of new either advanced production, or the new or advanced technological process used in an economic turn; innovative activity? Creation of the new or advanced production, the new or advanced technological process, realised in an economic turn with use of scientific researches, workings out, developmental works, or other scientific and technical achievements; the state innovative policy? The component of a social and economic policy directed on development and stimulation of innovative activity; venture innovative funds? The noncommercial organisations established legal and (or) physical persons on the basis of voluntary property payments and (or) voluntary investment in exchange for a share in the share capital, the creations focused on financing, development in manufacture of new kinds of production and (or) the technologies connected with a high risk; an infrastructure of innovative activity? The organisations rendering subjects of innovative activity of service, necessary for realisation of innovative activity [63]. In the Project makes a reservation that innovative activity is carried out according to the Constitution of the Russian Federation, the Civil code of the Russian Federation, the present Federal law and laws accepted according to it and other standard legal certificates of the Russian Federation, laws and other standard legal certificates of subjects of the Russian Federation, and also the international contracts of the Russian Federation, concerning innovative activity. If the international contracts of the Russian Federation establish other norms, than provided by the present Federal law norms of the international contracts [63] are applied. In the Project it is noticed that following kinds of activity concern innovative activity: Performance of the research, developmental and technological works directed on creation of new or advanced production, the new or advanced technological process, realised in an economic turn; carrying out of marketing researches and the organisation of commodity markets of innovative products; creation and development of an innovative infrastructure; preparation and retraining of personnel for innovative activity; protection, transfer and acquisition of the rights to objects of intellectual property both the confidential scientific and technological information; realisation of technological re-equipment and manufacture preparation; realisation of tests, certifications and standardization of new processes, products and products; the initial period of manufacture of new or advanced production, application of new or advanced technology before achievement of a standard time of recovery of outlay of the innovative project; Financing of innovative activity, including realisation of investments into innovative programs and projects; other kinds of works which necessary for realisation of innovative activity and are not contradicting the legislation of the Russian Federation [63]. Subjects of innovative activity are legal bodies, irrespective of the organizational-legal form and a pattern of ownership, physical persons? Citizens of the Russian Federation, the foreign organisations and citizens, and also persons without citizenship. Subjects of innovative activity can carry out functions of customers and (or) executors of innovative projects and programs, investors, consumers of results of innovative activity, and also the organisations serving innovative process and promoting development and distribution of innovations [62]. The state according to the current legislation guarantees to subjects of innovative activity: The state support of innovative programs and the projects directed on realisation of the state innovative policy; the state support of creation and development of subjects of an infrastructure of innovative activity; the state support to preparation, retraining and improvement of professional skill of the shots which are carrying out innovative activity; intellectual property protection, protection against an unfair competition and monopolism; access freedom to the information on priorities of the state innovative policy; freedom of distribution and gathering of the information on innovative requirements and results of scientific and technical and innovative activity, except for the information containing state, office and the trade secret [64]. Public organisations and associations in which charter innovative activity is provided, can carry out on the competitive beginnings it at the expense of means of the federal budget, budgets of subjects of the Russian Federation and to get the state support. Public authorities of the Russian Federation, authorities of subjects of the Russian Federation by preparation of projects of standard legal certificates and programs in the field of innovative activity can involve public organisations and associations [62]. The basic form of relations between subjects of innovative activity are the contracts (contracts) concluded according to the current legislation of the Russian Federation [63].

The disputes arising at realisation of innovative activity, are considered in an order established by the legislation of the Russian Federation and the legislation of subjects of the Russian Federation [62]. Public authorities in an order established by the legislation of the Russian Federation and the legislation of subjects of the Russian Federation, can stop or suspend innovative activity in cases of spontaneous and other disasters, introductions of state of emergency in territory of the Russian Federation, and also if continuation of innovative activity can lead to infringement established by the legislation of the Russian Federation and the legislation of subjects of the Russian Federation of ecological, sanitary-and-epidemiologic and other norms and rules, the rights and interests legal and physical persons [62].


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