The concept of legal regulation and the content of innovation. Normative regulation of innovation activity. Expenses for ordinary activities form

INTRODUCTION

THE CONCEPT OF INNOVATION AND INTELLECTUAL PROPERTY

1 Basic concepts of innovation activity

2 Essence and types of innovation

1.3 Patent, trademark, know-how, industrial design, work license, invention

2. LEGAL REGULATION OF INNOVATIVE PROPERTY IN RUSSIA

2.1. Features of innovation activity in Russia

2.2 Regulations regulation of innovation activity in Russia

3. STATE REGULATION OF INNOVATIVE ACTIVITIES ON THE EXAMPLE OF OAO AvtoVAZ

3.1 Regulation of innovation activities at the organizational level

3.2 State support for the innovation activity of JSC AvtoVAZ

CONCLUSION

INTRODUCTION

One of the most complex and urgent tasks facing Russia at the present time is the transfer of the economy to an innovative path of development, overcoming the technological backlog of the country. The development of an efficient economy in modern conditions can be carried out under the condition of increasing competitiveness manufacturing enterprises based on high technologies. It is necessary to create a unified business environment through industrial and innovative integration with large enterprises, corporations, design and research institutions and with the support of the state.

The purpose of the work is to study the role of entrepreneurship and innovation in the development of the Russian economy.

The object of the study is innovation and entrepreneurship, and the subject is a set of economic relations resulting from the innovation process.

Within the framework of the given goal, the following tasks were set and solved:

consider the role of innovation in entrepreneurship development;

explore theoretical basis entrepreneurship and its role in the development of an innovative economy;

analyze the relationship between the development of entrepreneurship and innovation, their role in the development of the Russian economy.

In market conditions of management, the main driving force behind economic growth are innovations introduced both in production and in operation and consumption. With their help, the volumes of production of products, works, services and their diversity are constantly increasing. It uses great amount primary resources and energy, a growing negative impact modern production and consumption on the environment, the costs of disposal of industries that have completed their life cycle are increasing. Technologies of new generations are focused on building up their progressive advantages and keeping the influence of negative social factors within the given boundaries. economic development.

The value of an innovative approach in improving efficiency social activities emphasized by many domestic and foreign economists - after all, it is known that the share of new and improved products and technologies in the leading countries of the world accounts for 70 to 85% of the growth in gross domestic product(GDP).

In the context of the spread of globalization processes, the position of each individual enterprise is increasingly dependent on a quality that is difficult to define and even more difficult to provide, called competitiveness. At the same time, among the factors that determine competitiveness, more and more importance is attached to the quality of innovative activity. At the macro level, innovations provide not only an increase in GDP, but also its qualitative, progressive change. There is no doubt that economic growth in Russian Federation largely depends on the intensification of investment activities in the field of new technologies and the development of a mechanism for its implementation.

The next stage in the development of the world economy is due to radical changes associated with the large-scale application of innovations in the field of production technologies. World development has moved into the post-industrial, information age. The driving force in this case is the innovative nature, based on scientific achievements, the rapid development of new technologies. In the general system of economic relations, innovation has a key place, since its end results (increase in production efficiency, growth in the output of science-intensive products) determine the economic power of the country in modern conditions.

THE CONCEPT OF INNOVATION AND INTELLECTUAL PROPERTY

1.1 Basic concepts of innovation

Innovative activity is based on previously obtained scientific achievements and is aimed at the practical (commercial) implementation of the results of these achievements, which are someone's intellectual property. Therefore, the formation of a market for scientific and technical products, which is always based on new knowledge and new achievements, requires careful attention to the protection of property rights and skillful use various forms protection of these rights provided by Russian and international legislation.

Intellectual property (IP) is a collective concept that means a set of exclusive rights to the results of creative activity in any field. After registration of these rights, objects arise intellectual property that can be used legally in commercial circulation.

Intellectual property protection is a formalized confirmation of the authors' rights to the basic solution underlying the practical implementation of the innovation, i.e. recognition of the product of their intellectual work as belonging to them (the authors) in whole or in part.

The first definition of IP was given in the Convention Establishing the World Intellectual Property Organization (WIPO), to which the Russian Federation is a party. The second article of the Convention states that intellectual property includes rights to protection against unfair competition, as well as other rights related to intellectual activity in the industrial, scientific, literary and artistic fields are divided into:

literary, artistic and scientific works;

performing activities of artists, sound recording, radio and television broadcasts;

inventions in all areas of human activity;

scientific discoveries;

industrial samples;

trademarks, service marks, trade names and trade designations.

Intellectual property has many of the characteristics of tangible and personal property. For example, like any other type of property, intellectual property is a property and, as such, can be bought, sold, rented, exchanged for other property, or donated. In addition, the owner of intellectual property has the right to prevent its unauthorized use or sale. However, the most significant difference between intellectual property and other forms of property is that intellectual property is intangible; cannot be determined in terms of its physical parameters. In order to protect it, it is necessary to express it in some way accessible to perception.

1.2 Essence and types of innovations

With the advent of expanded reproduction, economic growth trends stabilized, and there was an ever-growing need for improvements - both in production and outside the production process. The improvement processes were called the innovation processes and then the innovation processes.

The term "innovation" comes from the Latin word "inovatis" (in - in, novus - new) and in translation means "update, novelty, change". In economics, the concept of "innovation" was introduced into scientific circulation relatively recently.

So, back in the 30s, the Austrian scientist J. Schumpeter introduced the concept of "innovation" - as a change in order to introduce and use new types of consumer goods, new production and vehicles, markets and forms of organization in industry.

In the manager's brief dictionary, innovation is characterized as:

) investment in the economy, ensuring the change of generations of equipment and technology;

) new technology, technology, which is the result of scientific and technological progress.

The concept is a little more complicated here: investment is an investment, and new equipment, technology, which is the result of scientific and technical developments, is an innovation.

A much deeper concept of the essence of innovation was proposed by the authors reference edition REA them. G.V. Plekhanov, where it is characterized as the result of creative activity aimed at the development, creation and distribution of new types of products, the introduction of new organizational forms, etc.

An extensive image of terms taken from various sources is given by R.A. Fatkhutdinov, who, in particular, defines "innovation" - a formalized result of research and development in any field of activity, and "innovation" - the end result of introducing innovation in order to change the object of management and obtain economic, social, environmental and (or) other types of effect.

Innovations include all changes that have been applied for the first time in an enterprise and bring it specific economic and (or) social benefits. Therefore, innovation is understood not only as the introduction of a new product to the market, but also a number of other innovations:

New or improved types of products (product innovations);

New or improved services (service innovations);

New or improved production processes and technology (process and technology innovation);

Changed social relations at the enterprise (personnel innovations);

New or improved production systems.

These types of innovations in the practice of the enterprise are intertwined.

In conditions modern technologies technical, economic, organizational and social change in production processes are generally inseparable from each other.

Renewal processes are connected with market relations. The bulk of innovations are implemented in a market economy by entrepreneurial structures as a means of solving production and commercial problems, as the most important factor in ensuring the stability of their functioning, economic growth and competitiveness. Innovation, therefore, is market-oriented, specific to a customer or need.

Innovations are a very complex, multifaceted problem affecting the whole complex of research, production, and marketing relations. Great value in improving efficiency, innovation belongs to management.

Many foreign and Russian researchers They agree that the emergence of innovation has two beginnings:

) market need, that is, the existing demand for a particular product (goods, services). In other words, it is a response to market needs or a marketing option. It can also be called evolutionary. The evolutionary ones are various changes in products (goods, services) available on the market. For example, changes that lead to lower production costs or make products more “marketable”.

) "invention", that is, the intellectual activity of a person to create a new product aimed at satisfying a demand that is not on the market, but may appear with the advent of this new product. That is, in fact, this is the creation of a new market. This is a radical, revolutionary way. Evolution allows you to maximize the potential inherent in the idea of an existing product and prepare the conditions for the transition to new ideas. Therefore, for sustainable and dynamic development, society needs a combination of marketing (evolutionary) and inventive (revolutionary) directions.

The following features are decisive for innovation:

They are always associated with the economic (practical) use of original solutions. This is where they differ from technical inventions;

Give specific economic and (or) social benefits to the user. This benefit predetermines the penetration and spread of innovation in the market;

Mean the first use of an innovation in an enterprise, regardless of whether it was used anywhere before. In other words, from the point of view of an individual company, even imitation can have the character of innovation;

They need creativity and are associated with risks. Innovations cannot be created and implemented in the course of routine processes, but require from all participants (managers and employees) a clear understanding of the need for them and creativity.

In essence, in the circulation of means of production, innovations lead to the intellectualization, mechanization and automation of production through the development and implementation of new machines and installations, with the help of which all elements are then improved. productive forces, technology, organization and management of production, products of labor, the needs and processes of consumption, use and accumulation are developing to ensure expanded reproduction.

All of the above together leads to an increase in the efficiency of the cycle "research-development-production-consumption" through separation, cooperation and concentration, allowing intellectualization, mechanization and automation of labor and labor processes.

Thus, in a textbook for universities, innovations are classified depending on technological parameters, the type of novelty for the market, their place in the enterprise system, and the depth of changes introduced. Moreover, technological parameters mean the division of innovations into product and process innovations.

According to the type of novelty for the market, innovations are divided into:

New to the industry in the country;

New for this enterprise (group of enterprises).

By place in technological system enterprises highlight innovations:

At the entrance to the reproduction processes of the enterprise (changes in the choice and use of raw materials, materials, machinery and equipment, information);

At the output (products, services, technologies, information);

Innovations of the system structure of the enterprise (management, production, technology).

Depending on the depth of the changes introduced, different authors rightly single out innovations:

Radical (basic);

improving;

Modification (partial).

The original classification is A.I. Prigozhen, which uses prevalence, place in the production cycle, continuity, coverage of the expected share and degree of novelty as its features.

In terms of prevalence, single innovations are singled out, which, being original, can be used only in local conditions and once, and diffuse ones, which can be applied in various industries and combinations.

According to the place in the production cycle, innovations can be raw materials (at the entrance to the system technological process enterprises) and grocery (at the exit from the production cycle).

By continuity, innovations are divided into replacing something, canceling (i.e., used instead of obsolete), returnable on a new basis, opening up new opportunities and retro-introductions.

Even more complete is the classification of innovations and innovative processes by L.N. Ogolevoy. This Ogolev scheme considers innovative activity How purposeful system activities for the development, implementation, development, production, diffusion of innovations by life cycle stages, and innovations are classified according to the following criteria: subject matter, level of development and distribution, areas of development and application, novelty, innovative potential, purpose and factors social production.

R.A. Fatkhutdinov, trying to deepen the classification features, arranges them in a strict sequence and codifies them for subsequent use in a computer system.

Thus, having considered the attempts of various scientific schools under the guidance of leading scientists to classify innovations and innovation processes, we can conclude that all of them have made a certain contribution to the overall system of characteristics of innovations and innovation processes and can be used to develop a common national system. And the application of this system will contribute to the diversity of innovation and increase its efficiency, which, in turn, will ensure the growth of the national economy.

The significance of innovation is essential, and, undoubtedly, innovation activity requires regulation by the state. This is what we will try to uncover in the next chapter.

1.3 Patent, trademark, know-how, industrial design, work license, invention

Industrial property objects:

Inventions

useful models;

industrial designs;

trademarks (service marks);

know-how.

The invention is the result of scientific research and development, production activity, embodying a new technical solution of a problem with significant differences in any area of the economy. The objects of the inventions are new devices, methods, substances, strains of microorganisms, breeding achievements, as well as the use of previously known devices, methods, substances, strains for a new purpose.

A utility model is a constructive implementation of means of production and consumer goods, as well as their components.

An industrial design is a new artistic and design (design) solution of the appearance of a product registered in the prescribed manner, which reflects the unity of its technical, functional and aesthetic properties.

A trademark is an originally designed graphic image, a combination of numbers, letters or words, and the like, designed to distinguish goods and services of one manufacturer from similar goods and services of other manufacturers.

Know-how is fully or partially confidential knowledge, experience, skills that do not have a title of protection and do not have an inventive step, including information of a technical, economic, managerial, financial or other nature, the use of which provides certain advantages and commercial benefits to the person who received them.

Know-how is understood as secret, unpatented technological knowledge and processes, practical experience, including the methods, methods and skills necessary for the design, calculations, construction and production of any products, research, development and other work; compositions and recipes of materials, substances, alloys and others; methods and methods of treatment; methods and methods of mining; specifications, formulas and recipes; documentation, production organization schemes, experience in the field of design, marketing, management, economics and finance, and other information not available to the general public.

The procedure for the legal protection of products of innovative activity based on the provision of a title of protection is called patenting.

In accordance with Russian patent law, the right to inventions and industrial designs is confirmed by a patent, for utility models and trademarks - by a certificate. A security document (patent, certificate) certifies the priority, authorship and exclusive rights of the patent owner. The main purpose of a title of protection is to provide the patent holder with exclusive ownership rights to the protected object, i.e. another person may use the protected object of industrial property for profit only with the consent of the patent owner.

In accordance with the law, the signs of patentability are determined.

For an invention, the conditions for patentability are novelty, inventive step and industrial applicability. An invention is considered new if it is unknown to the state of the art as of the priority date. The term of a patent for an invention is 20 years (from the date of filing an application with the Patent Office).

The condition for the patentability of an industrial design is novelty, originality and industrial applicability. The term of a patent for an industrial design is 10 years (can be extended for 5 years).

For a utility model, the condition for patentability is novelty and industrial applicability. The utility model certificate is valid for 5 years, renewable for 3 years.

The right to use a trademark is obtained through its registration by the Patent Office in the State Register of Trademarks and Service Marks of the Russian Federation. A trademark, other information related to the registration of a trademark, as well as subsequent changes to this information are entered in the register. The trademark certificate is valid for 10 years, with an additional extension of 10 years.

Licensing is one of the main forms of technology trade, including deals in patents, licenses, know-how, etc.

The license is a permission individuals or organizations to use an invention protected by a patent, technical knowledge, technological and design secrets, a trademark, etc. The grant of a license constitutes a commercial transaction and is the subject of a sale and purchase agreement, according to which the patent owner (licensor) issues to its counterparty (licensee) ) a license to use, within certain limits, their rights to patents, know-how, trademarks, etc.

Licensing is carried out by the adoption by the interested parties of a license agreement, according to which the owner of the invention, technological knowledge, experience and secrets of production issues a license to use intellectual property to his counterparty. The agreement defines production area and territorial boundaries of the use of the subject of the license.

The license agreement may provide for the combined transfer of several patents and related know-how. In this case, the license agreement, as a rule, provides for the provision by the licensor of a set of related engineering (engineering and consulting) services, including design, organization of licensed production, know-how, commissioning, training, etc.

Licensing agreements are divided into independent ones, which provide that technology or technological knowledge is transferred regardless of the place and conditions of their future use, and related ones, when a contract for construction, supply of equipment and components or provision of engineering services is concluded simultaneously with the transfer of a license.

The remuneration to the seller (licensor) for granting the right to the buyer (licensee) to use the subject of the license agreement is carried out through license payments, which can be in the form of periodic deductions from the buyer's income during the period of the agreement or a lump sum payment established in advance on the basis of expert assessments.

Periodic deductions (royalties) can be defined as a payment of a percentage of turnover, the cost of net sales of licensed products, or set per unit of output. Lump-sum payments are lump-sum or milestone payments of a fixed amount of royalty under a license agreement. Various combinations of the given forms of license fee are possible. Licenses may be patent or non-patent.

A patent license is a license to transfer the right to use a patent without the corresponding know-how. With investment cooperation, the sale of new equipment and technology, licenses for the use of know-how without patents for an invention, called patent-free licenses (know-how agreements), are becoming more widespread.

A simple license entitles the licensee to use the acquired license within the boundaries established by the agreement, and the licensor reserves the right to use the license in the same territory and issue it to any interested persons.

An exclusive license gives the licensee the monopoly right to use the object of the contract, and the licensor in this case loses the right to independently use the license or sell it in the agreed territory. A full license grants the licensee the exclusive right to use the patent during the term of the contract and the licensor's refusal to independently use the subject matter of the license during this period.

LEGAL REGULATION OF INNOVATIVE PROPERTY IN RUSSIA

2.1 Features of innovation activity in Russia

innovative regulatory regulation commodity

State regulation of the economy and innovation processes, as noted by many scientists, is one of the main conditions for the transfer of the functioning of the economy to market relations. At the stage of the transitional economy, the role of the state as the main participant and business partner in the development of the innovation sector is strategic.

At present, the state in our country is mainly responsible only for the block fundamental research, which can lead to an increase in scientific potential, which will be used in countries with a high price for intellectual resources. As a result, very soon Russia may turn into a supplier of "intellectual raw materials" to economically developed countries.

One of the most urgent problems of the Russian economy today is to increase the competitiveness of domestic goods, works and services. And the activation of innovation activity plays a primary role in this. Under these conditions, the state should take measures aimed at a significant revival of innovation activity.

The main functions of state regulation of the innovation sphere are:

Accumulation of funds for Scientific research and innovation;

Coordination of innovation activities;

Stimulation of innovations, competition in this area, insurance of innovation risks, introduction of state sanctions for the production of obsolete products;

Creation of a legal framework for innovation processes, especially a system for protecting copyrights of innovators and protecting intellectual property;

Staffing of innovation activities;

Formation of scientific and innovative infrastructure;

Institutional support of innovative processes in the branches of the public sector;

Ensuring the social and environmental orientation of innovations;

Raising the public status of innovation activities;

Regional regulation of innovation processes;

Regulation of international aspects of innovation processes.

To forms state support scientific and innovative activities of B.A. Reisberg refers to the following:

Direct financing;

Providing individual inventors and small innovative enterprises with interest-free bank loans;

Reducing government patent fees for individual inventors;

Implementation of the right to accelerated depreciation of equipment;

Creation of a network of technopolises, technoparks, etc.

The main areas of state support for innovation policy are as follows:

Assistance in increasing innovative activity, which ensures the growth of the competitiveness of domestic products based on the development of scientific and technological achievements and the renewal of production;

Orientation to the full support of basic and improving innovations that form the basis of the modern technological order;

Combination of state regulation of innovation activity with the effective functioning of a competitive market innovation mechanism;

Assistance in the development of innovation activity in the regions of Russia, interregional and international technology transfer, international investment cooperation, protection of the interests of national innovative entrepreneurship.

The central place in the system of direct state regulation is occupied by the financing of R&D and innovative projects from the budget. State allocations and subsidies can be provided to the state and non-state sectors for their own innovation purposes or to ensure the innovative component of investments of a multi-purpose nature. In order to diversify the state's innovative investments, it is possible to create specialized state holding and innovative companies. Government contracts for R&D and government orders for innovative products are important for generating innovation and creating initial demand for innovation. The efficiency of innovation processes is increased by using competition mechanisms in the distribution of budgetary funds.

Without state support and large-scale budget expenditures, no one has yet been able to create serious science and advanced technology. These costs will pay off many times over in the future and, ultimately, they will determine the success of the social and economic transformations planned in Russia. A significant step in this direction is expected to be taken in 2006. - Almost 72.5 billion rubles are allocated for science, which is 27% more than in 2008. Of these, the Russian Academy of Sciences will receive 25.3 billion rubles. This amount will exceed the level of 2008. more than 6 billion rubles. The share of budget expenditures will be 52% in 2006, and by 2008 will rise to 58%. Priority is given to fundamental research.

State support for innovation activities of the private sector can be carried out on mutually beneficial terms and in cases where the private sector masters scientific and technical results that are important for the state. The situation is more complicated with innovations created at the expense of the budget. First of all, these are technologies necessary to satisfy public interests and ensure national security, national defense, protection environment and others, in the development of which the private sector, as a rule, does not invest. In this regard, the problem of industrial development of such innovations is extremely relevant for the state. In solving this problem, the state must skillfully use its inherent functions both as a political organization of power and as an economic entity. That is, state regulation of innovation activity should contain both direct (directive) and indirect (using economic levers and incentives) impact.

Basic legal form state regulation of innovation activities are legal acts. Unfortunately, innovation activity in Russia does not yet have proper legal regulation. There is no single legislative act that defines the concept, types of innovations, the procedure for implementing innovative activities. In conditions when the activation and support of the state of innovative activity is becoming an urgent problem, such a normative act ( the federal law on innovation) is certainly necessary.

As you know, innovation activity includes two stages: the creation of innovations and the development of their production. The situation with the legal regulation of the first stage of innovation activity is more or less favorable. Legal framework innovation process is the legislation in the field of intellectual property protection. At present, in connection with Russia's forthcoming accession to the WTO, relevant amendments and additions have been made to the main regulations in the field of intellectual property. Among them are the Patent Law of the Russian Federation, the laws "On Trademarks, Service Marks and Appellations of Origin". The State Duma is discussing amendments and additions to the law "On Copyright and Related Rights".

As for the second stage of innovation activity, its legal regulation carried out through the institutions of civil law. Relationships arising from the use of innovations in entrepreneurial activity, are mediated by various agreements (licensing, assignment of the exclusive right (patent), trust management, contract for the performance of design and fine work, for the performance of research work, development work, etc.), regulated Civil Code RF.

Considering the state regulation of innovation activity in Russia at the regional level, the following features can be distinguished:

16 constituent entities of the Russian Federation were identified that form, to one degree or another, legislation in the innovation sphere and, accordingly, state bodies for managing innovation activities in the territory;

The main goal of management in most cases is formulated as the commercialization of scientific knowledge and the results of scientific research;

The main mechanism of management and incentives is the state order for innovative products, financing of innovative projects from the budget, development of infrastructure for innovative activities, provision of tax incentives and other ways of indirect subsidizing.

The organizational mechanism of state regulation of innovation activities ensures that the views of all directly or indirectly interested structures are taken into account and at the same time creates conditions for the coordinated adoption of measures to stimulate innovation. The subjects of innovation policy are the bodies state power(central and local), enterprises and organizations of the public sector, independent economic formations, public organizations, scientists themselves and innovators, mixed education.

General issues of innovation policy are reflected in the decrees of the President of the Russian Federation. The Department of Science and Education of the Office of the President takes part in the preparation of these documents. In 1995 The Council for Science and Technology Policy, which is an advisory body, has been established under the President.

Legislative authorities of the Russian Federation - the State Duma and the Federation Council have the right to initiate laws in the field of scientific, technical and innovation activities. There are corresponding committees in both chambers - the State Duma Committee on Education and Science and the Federation Council Committee on Science, Culture and Education.

The main body coordinating the activities of ministries and departments in science, technology and innovation is the Government Commission for Science and Technology Policy.

The Ministry of Industry, Science and Technology of the Russian Federation is the central executive body that ensures the formation and practical implementation of state and scientific and technical policy, the implementation of measures to create and develop scientific and technical potential. The main tasks of the Ministry of Science of the Russian Federation include: organization of scientific and technical forecasting; selection and evaluation of priority areas for the development of science and technology; development of state scientific and technical programs and projects; financing of civilian R&D of national importance; creation and development of a favorable environment for scientific and innovative activities.

The Ministry of Economic Development and Trade of the Russian Federation, as part of the development of forms and methods of state influence on the economy, directly develops the state innovation policy, determines priorities in the development of the national economy of the country and its regions, develops the main directions of investment policy, including measures to stimulate innovation activity.

The Ministry of Finance of the Russian Federation provides budgetary support for innovation policy and audits the use of financial resources.

In general, it can be said that the state acts not only as a partner with significant resources, but also as an organizer, regulator of the institutional basis of innovative interactions. And this makes it quite important in the organization of innovative activity. And in many respects the quality of state regulation of the innovation sphere will depend innovative activity enterprises.

2.2 Normative acts regulating innovation activities in Russia

The transitional nature of the institutionalization of innovation activity in the Russian Federation determines the absence of a basic legislative act regulating innovation activity separately, in contrast to the scientific and scientific-technical sphere, as well as activities to create objects and exercise intellectual property rights. That is why the position is widespread, according to which the legal basis for innovation processes in the Russian Federation is the legislation on intellectual property.

General the legislative framework legal regulation of innovation activity includes: - the Constitution of the Russian Federation;

Civil Code of the Russian Federation;

Criminal Code of the Russian Federation (in terms of criminal liability for violation of intellectual property rights);

Federal Law of August 23, 1996 No. 127-FZ<-О науке и государственной научно-технической политике»;

Federal Law of July 4, 1996 No. 85-FZ "On Participation in International Information Exchange";

Law of the Russian Federation of September 23 No. 35 20-1.< О товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров» (в ред. от 24 декабря 2002 г.);

Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation"; - Patent Law of September 23, No. 3517-1 (as amended on February 7, 2003) "This and the following laws in the list are valid until the entry into force of Part IV of the Civil Code of the Russian Federation on January 1, 2008 .;

Law of the Russian Federation of September 23, 2002 No. 3523-1<О правовой охране программ для электронных вычислительных машин и баз данных»;

Law of the Russian Federation of September 23, 1992 No. 3526-1<-О правовой охране топологий интегральных микросхем» (в ред. от 9 июля 2002 г.);

But even the presence of this legislative base does not reduce the validity of the conclusions of Yu.V. Yakovets that "the most important sphere of implementation of the strategic and innovative function of the state remains practically outside of special state regulation, which is a brake on innovation, especially basic ones" . The fragmentation of general legislative acts and their incompleteness determine the insufficient complexity of special acts.

The special legislative base on innovations includes the following types of acts:

a) documents of a declarative nature (decrees, concepts, laws, resolutions, agreements, etc.);

b) resolutions and orders defining the functions of the executive authorities and the apparatus in terms of innovation activity;

c) program documents, as well as documents that determine the shape and procedure for the formation of the support infrastructure, types of direct support for innovation, benefits and other support mechanisms. The documents of this group in their content cover such aspects as programs for the development and support of innovation, the formation of an infrastructure to support innovation;

d) instructions on the procedure for submitting statistical reports and other documents of a private nature.

The Federal Law "On Science and State Scientific and Technical Policy" does not contain a definition of innovation activity, although it is stated that "scientific and (or) scientific and technical products are scientific and (or) scientific and technical results, including the result of intellectual activity intended for implementation. The implementation of scientific and technical products means its involvement in commercial circulation and, thus, the receipt of entrepreneurial income, that is, the commercialization of innovations. The most important goal of the state policy to involve the results of scientific and technical activity in the economic circulation is to control the scope of their use. This can be achieved by holding competitions for transferring the rights to enterprises to innovative results obtained at the expense of the federal budget, which should contribute to the development of the activities of the state represented by authorized bodies as a licensor.

Modern administrative reform has a number of features that are decisive for the development of the institutional and legal environment for innovation activity:

introduction of principles, models and methods of "new public management";

perception of business management techniques;

greater customer and service orientation;

transfer of market mechanisms and competition to public administration. Of course, differences between countries must be taken into account in the first place, even before attempts are made to transfer the Anglo-American model of administrative reforms. That is why such an important role for the modern development of Russian innovations is played by the study of models that exist in developed countries and the determination of the limits of acceptability of importing these ideas and institutions into Russia, especially in the field of using intellectual property.

Interstate legal regulation of innovations in the field of entrepreneurship in the former USSR began to take shape after the Russian Federation in 1993-1995. concluded international bilateral agreements on cooperation in the field of industrial property protection with a number of CIS countries, initiated the creation of the Eurasian patent system and ratified the Eurasian Patent Convention. The international sources of legal regulation of innovation activities, which will apply to the Russian Federation in connection with its entry into the World Trade Organization, include the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), concluded in Marrakech April 15, 1994 TRIPS is the first multilateral treaty to regulate the protection and use of intellectual property in the interests of international trade.

The very concept of “intellectual property” entered into international circulation not thanks to Art. 1 TRIPS, and earlier, in connection with the creation of the World Intellectual Property Organization, and disclosed in paragraph VIII of Art. 2 of the Convention of July 14, 1967

In Art. 2 TRIPS establishes a general principle, according to which for member countries such agreements in the field of intellectual property continue to operate as:

Berne Convention of 1886 for the Protection of Literary and Artistic Works as amended in 1971;

1971 Rome Convention for the Protection of Performing Artists, Producers of Phonograms and Broadcasting Organizations;

Washington Treaty on Intellectual Property for Integrated Circuits of 1989. The Russian Federation is a party to the agreement, treaty, and conventions specified in Article 2 of TRIPS. In Russia, proposals have been submitted or prepared to amend the legislation in accordance with TRIPS, which has already been reflected in the Civil Code of December 18, 2006. Thus, 2007-2008. are key to creating a coherent system of civil law regulation of innovation activities in the field of entrepreneurship in Russia.

Legislation on intellectual property. It includes laws regulating the procedure for registration of rights and the legal regime of individual objects of intellectual property - inventions, utility models, industrial designs, non-traditional objects, means of individualization, objects of copyright. Also here it is necessary to name the regulations of the patent office, regulating the procedure for registering individual objects and some other issues.

This material is covered in more detail in the section of this textbook on the intellectual property of business entities. The norms of intellectual property legislation regulate not only the actual legal regime of objects and the procedure for registering rights to them, but also affect certain contractual forms of relationships between subjects of innovative activity that are not provided for by the Civil code, such as license agreements, remuneration agreements for the author of an invention, agreements on the assignment of industrial rights.

Civil Code of the Russian Federation. Of particular importance in the area under consideration are the norms of the Code relating to certain types of contracts - mainly contracts for the performance of research, development and technological work, contracts for the provision of paid services, and joint activities.

Regulations aimed at providing state support and stimulating innovation. First of all, they include documents of a programmatic, declarative nature. So, on August 5, 2005, the Government of the Russian Federation approved the already mentioned Main Directions of the Policy of the Russian Federation in the field of development of the innovation system for the period up to 2010, which determined the goals, objectives of the state innovation policy, its main directions, mechanisms, implementation measures. Also here you can mention the Decree of the President of the Russian Federation of July 22, 1998 No. 863 "On the state policy to involve in the economic circulation the results of scientific and technical activities and intellectual property in the field of science and technology."

The Decree declared the priority of state stimulation of the processes of creation, legal protection and use of the results of scientific and technical activities as the main direction of state policy to involve the results of scientific and technical activities and objects of intellectual property in the economic circulation.

There are a number of resolutions of the Government of the Russian Federation on the approval of federal programs relating to certain areas of innovation. These include: Decrees of the Government of the Russian Federation: dated January 21, 2002 No. 65 “On the federal target program “Electronic Russia” (2002-2010)”; dated November 8, 2001 No. 779 “On Approval of the Federal Target Program “National Technological Base” for 2002-2006”; dated November 25, 1998 No. 1391 “On the federal target program “High-Tech Medicine”, etc.

The sources of this group include acts of individual regulation adopted by the Government of the Russian Federation, aimed at the formation of special funds to support innovation activities. These are Decrees of the Government of the Russian Federation of February 3, 1994 No. 65 “On the Fund for Assistance to the Development of Small Forms of Enterprises in the Scientific and Technical Sphere”; dated August 26, 1995 No. 827 “On the Federal Fund for Industrial Innovations” Non-profit organizations similar in activity can also be created by subjects of the Federation, municipalities<#"798065.files/image001.jpg">

Figure 1 - Sales of passenger cars by segments in 2011-2013

Figure 2 - The main directions of R & D of JSC "AvtoVAZ"

The receipt of net profit in 2011, exactly as in 2010, AvtoVAZ is obliged to discount interest-free loans from the state corporation Rostekhnologii, which were received by the plant as subsidies from the state during the crisis. According to estimates, AVTOVAZ received 11.3 billion rubles in income from the discount. However, if we exclude the income from discounting the Russian Technologies loan and assume the payment of market interest on loans, then, all other things being equal, AvtoVAZ would have received a net loss of more than 3 billion rubles.

Although, even against the backdrop of state support in the form of subsidies, AvtoVAZ's performance for 2011 is rather weak, since against the backdrop of a growing market, the overall return on sales was about 4%, while the cost of production in total increased by 9.1 billion rubles. rubles.

Prospects for AVTOVAZ and its subsidization until 2020

State support for automakers at the expense of the budget until 2020 will be reduced from the planned from 60 billion to 45 billion rubles. At the same time, the volume of subsidies allocated in 2012 (3.9 billion rubles) turned out to be almost three times lower than the level agreed by the government in August 2012 (9.8 billion rubles).

Analysts determine the reduction in subsidies to AvtoVAZ due to the following factors:

the decrease in state support is due to the updating of those applications submitted by automakers to subsidize interest;

the debt burden of domestic automakers is still above the marginal norm, however, the debt-to-income ratio allows companies to service these debts on their own and invest in production. As a result, subsidies are being reduced;

At the end of the year, there is an increase in sales. In 2013, it is expected that the level of sales will repeat the pre-crisis level, in connection with this, active stimulation of the industry is not required.

At the same time, Rostekhnologii argues that AvtoVAZ should continue to rely on state support.

Since 2008, Russia's largest automotive company has been in a deep crisis, as evidenced by the company's financial statements.

State support for automakers at the expense of the budget until 2020 will be reduced from the planned one from 60 billion to 45 billion rubles due to the following reasons: the decrease in state support is due to the updating of those applications submitted by automakers to subsidize interest; the debt burden of domestic automakers is still above the marginal norm, however, the debt-to-income ratio allows companies to service these debts on their own and invest in production. As a result, subsidies are being reduced; At the end of the year there is an increase in sales. In 2013, it is expected that the level of sales will repeat the pre-crisis level, in connection with this, active stimulation of the industry is not required. At the same time, Rostekhnologii argues that AvtoVAZ should continue to rely on state support.

CONCLUSION

In conclusion, the work can be concluded that without legal regulation of innovation and state support, many enterprises could be in a deplorable situation. And having examined the company JSC AvtoVAZ, we were convinced of the importance of the legal regulation of innovative activities.

Measures are being taken in Russia to regulate investment and innovation activities. The legislative framework provides for various tax incentives to stimulate investment. This is especially clear in the regions that have the right to reduce tax rates. However, there are certain problems with attracting investments from a number of regions, as large investors consider the conditions offered by the regions to be unattractive.

It should be noted that innovation activity is encouraged in every possible way in Russia. Technological innovation enterprises have the right to receive tax benefits and exemption from the tax burden for certain types of taxes.

Consequently, the measures taken by the government of the Russian Federation and other state bodies are aimed at creating favorable conditions and supporting enterprises in various fields of activity.

Russia's transition to a market economy system was accompanied by the formation of a new model of the investment process based on a variety of forms of ownership, on a significant change in the legal regime of investments and the legal status of participants in investment activities. Decentralization of investment activity is being consistently carried out, the role of internal sources of savings of enterprises in the composition of investments is increasing State control over the targeted spending of federal budget funds used as investments has been strengthened.

A very significant deterrent is the imperfection of investment legislation.

To change the current situation and improve the investment climate, it is necessary to stabilize the economic and political situation, adjust tax and customs policies, reduce inflation, improve investment management, and radically improve the economic and legal conditions for investors.

Thus, in the course of the work, she studied the need and importance of state regulation of innovation, types, factors and tools, the main directions of the state's innovation policy.

The goal of state regulation of innovation activity is the creation of certain conditions that ensure the normal functioning of the economy as a whole and the stable participation of the country's entrepreneurs in the international division of labor and obtaining optimal benefits from this.

The task of state regulation of innovation activity is the regulation of international relations in the field of innovation activity.

Importance of government regulation:

development and improvement of regulatory and legal support for innovation activities;

creation of a system of comprehensive support for innovation, development of production, increasing competitiveness and export of high technology products;

LIST OF USED SOURCES

Innovative strategy of socio-economic development of the city. St. Petersburg: St. Petersburg. State University of Economics and Finance, 2010. - 198 p.

Kovalenko E., Zinchuk G. Regional Economics and Management: Textbook. - St. Petersburg: Peter, 2011. - 288 p.

Kosolapov A.I. Taxes and taxation. I .: "Dashkov and Co", 2011. - p. 872 .. Krupko S. Investment activity in the constituent entities of the Russian Federation // Economy and law. 2010.

Limonov L.E. Large city: regulation of territorial development and investment strategies. - St. Petersburg: Nauka, 2010. - 321 p.

Milyakov N.V. Taxes and taxation: Textbook. - 4th ed., reprint. and additional - M.: INFRA-M, 2010.

Monastyrsky V.V. Resource support of the regional innovation process // Proceedings of the All-Russian scientific and practical. conferences / Ed. M.B. Shchepakin. Krasnodar: Ed. KubGTU, 2011. - Part 2. - 328 p.

Taxes and taxation of the Russian Federation / Ed. HE. Krasnoperova, -M, 2012, 543s.

Taxes and Taxation, 4th ed. / Ed. M.V. Romanovsky M.V. Vrublevskaya. - St. Petersburg: Peter, 2011. - 576 p.

Taxes and taxation: Proc. manual for universities / Ed. prof. G. B. Polyaka, prof. A.N. Romanova. - M.: UNITI-DANA, 2008. - 399 p.

Taxes and taxation: Textbook / Chernik D. G. and others - 2nd ed., add. and reworked. - M.: INFRA-M, 2010. - 328 p.

Taxes and taxation: Textbook./ ed., I.G. Rusakova.- M.: Unity - 2011.- 502 p.

Platonova N.L. Legislative regulation of foreign investments in the Russian economy // Citizen and Law. 2012.

Entrepreneurial (economic) law / Ed. O.M. Oleinik. M., 2010.

Entrepreneurial law (legal basis of entrepreneurial activity): Textbook for universities / Zhilinsky S.E. / Foreword by prof. V.F. Yakovlev. - 4th ed., rev. and additional - M.: Publishing house NORMA, 2010.

Entrepreneurial Law of the Russian Federation / Ed. ed. E.P. Gubin, P.G. Lakhno. - M.: lawyer, 2011.

Prigozhin A.P. Modern sociology of organizations., 1995.

Prigozhin A.P. Innovations: incentives and obstacles.M. Lolita, Litra, 1989.

Prigogine I.R. From existing to emerging. M., 1995.18. Entrepreneurial law: Collection of normative acts / Compiled by I.V. Ershova.-M. Jurisprudence, 2000.

Entrepreneurial Law. Textbook / Ed. N.M. Korshunova and N.D. Eriashvili.M. : UNITY, 2003.

Podoprigora A. A. Legal regulation of scientific and technical progress. Kyiv., 1981.

Rassudovsky A.V. The right to manage scientific organizations. M.: Nauka, 2010.

Regional Economics and Management: Textbook. St. Petersburg: Piter, 2010. - 295 p.

Fatkhutdinov R.A. Innovation management: Textbook for universities. M.: Infra-M, 2010. - 356 p.

Khudoleev V.V. Taxes and taxation. Moscow: Infra-M - 2011.

Yutkina T.F. Taxes and taxation. - M.: INFRA-M, 2012.

26. Information about the company AvtoVAZ OJSC [Electronic resource] URL: htpp// www.avtovaz.ru

Know: legislation on scientific, technical and innovative activities; concept and signs of innovation activity; directions of state regulation of innovation activity.

To be able to: identify signs of innovation activity, measures of state support for innovation activity; qualify contracts related to innovation activities.

Possess: the skills of drafting contracts related to innovation; skills in processing documents related to obtaining measures of state support for innovation activities

The concept and signs of innovation

In the USSR, under the conditions of a planned economy, production as a whole was indifferent to scientific and technological progress, there was no desire to master the advanced achievements of science and technology (exceptions were successes in space exploration and in the military-industrial complex). Unfortunately, the country's entry into market relations in the early 90s. of the last century did not lead to a sharp jump in the development and application of new technologies, the appearance on the market of Russian goods that correspond to world standards.

In connection with Russia's accession to the WTO, the sanctions applied to Russia, the problem of the country's withdrawal from raw material dependence, increasing the competitiveness of national goods and services, and ensuring import substitution is particularly acute. Accordingly, the role of legal regulation of innovation activity and its support from the state is increasing.

The most important direction of Russia's economic policy is the transfer of the economy to an innovative path of development.

In the Strategy for Innovative Development of the Russian Federation for the period up to 2020, indicators are defined, upon reaching which our economy will be innovative (and not raw materials).

These indicators include, in particular:

increasing Russia's share in the world markets for high-tech goods and services (nuclear energy, aircraft, space technology and services, special shipbuilding, etc.) to 5-10% in 5-7 or more sectors of the economy by 2020;
increase in the share of innovative products in the total volume of industrial output up to 25-35% by 2020 (in 2010 - 4.9%).

The previously developed Strategy for the Development of Science and Innovation in the Russian Federation for the period up to 2015 included targets for the commercialization of developments and general innovative activity of the business, but to a greater extent was aimed at supporting proposals in the field of research and development.

Please note that the new Strategy focuses on the development innovation activities industrial production enterprises. Insufficient attention to solving the problems of supporting the innovative activity of industrial enterprises, innovations in the regions, and a number of other tasks did not allow for the necessary comprehensiveness of the approach to the development of the country's innovation system.

As a result, at present, the key problem is the generally low demand for innovations in the Russian economy, as well as its inefficient structure - many entrepreneurs prefer to buy ready-made equipment abroad to the detriment of introducing their own new developments.

In legal acts of various levels, it was noted two approaches to the definition of innovative activity:

a) it is scientific and technical activity, as a result of which the result of intellectual activity is created, and innovative activity, which leads to the creation of new goods sold on the market. The first act reflecting this approach was the Letter of the Innovation Council under the Council of Ministers of the RSFSR dated April 19, 1991 No. 14-448, the Ministry of Finance of the RSFSR dated May 14, 1991 No. 16/135V “On innovative (implementation) areas of activity”.

In accordance with the said Letter, innovative (innovative) activity was considered to be the activity of creating and using an intellectual product, bringing new original ideas to their implementation in the form of a finished product on the market. As we can see, although innovation and implementation activities were defined as synonyms, in fact, innovation activity was not limited to the implementation of a ready-made scientific result, but also covered the creation of this result.

For tax purposes, in order to stimulate activities with the help of tax incentives, such types of activities as:

- organization of examinations, replication of scientific and technical developments, scientific works, discoveries, industrial designs, trademarks, commercial designations and other works that are subject to internationally recognized rights related to intellectual property in the field of science and technology;
- patent and licensing activities.

It is clear that the replication of these "works", as well as the patent and licensing activities of the state can hardly be attributed to innovation.

It was proposed to be guided by this clarification when deciding on the provision of tax benefits provided by law for the taxation of the profits of small innovative enterprises (subparagraph “b” of paragraph 8 of Article 6 of the USSR Law “On taxes from enterprises, associations and organizations”),

b) innovation activity begins from the moment of acceptance for implementation of an already created, finished result of intellectual activity, that is, innovation activity was defined more narrowly, its beginning was associated with the fact of introducing an already existing, completed scientific and technical research, development into a new or improved product, technological process sold on the market.

In accordance with Art. 2 of the Law on Science, innovation refers to activities (including scientific, technological, organizational, financial and commercial) aimed at implementing innovative projects, as well as creating an innovative infrastructure and ensuring its activities.

Innovation is defined by this law as the introduction of a new or significantly improved product (good, service) or process, a new method of sales or a new organizational method in the business practice of organizing jobs or in external relations. The creation of such innovations as new types of goods (services) and technologies is especially important for us.

As you can see, this Law adopted a broad approach - innovation activity begins with the creation of a scientific result and ends with the appearance on the market of goods and technologies in which scientific innovations are embodied.

Different approaches to the definition of innovation activity in regulatory legal acts are reflected in the doctrine: there are different points of view on the concept innovative activity.

Most often, innovation activity is defined as a broad concept that includes the creation of the result of intellectual activity and the embodiment of this result in new types of goods 1 market through its commercialization. This refers, first of all, to applied research, that is, research aimed primarily at applying new knowledge to achieve practical goals and solve specific problems. Sometimes fundamental research work is also referred to as innovative activity, the knowledge gained as a result of which is used in carrying out development work, culminating in turn in the development of a project to promote innovation to the market.

Less commonly, it is defined as an activity aimed at using and commercializing the results of scientific research and development to expand and update the range and improve the quality of products (goods, services, works), improve their manufacturing technology with subsequent implementation and effective implementation in the domestic and foreign markets. In this case, innovation activity cuts off scientific and technical activity, it begins with the practical use of already created, existing results of intellectual activity.

It should be borne in mind that scientific and innovative activities are fundamentally different types of activity. Scientific (research) activities are aimed at obtaining and applying new knowledge.

We believe that innovation is entrepreneurial activity based on the application (implementation) of the results of scientific and technical activities (for example, inventions). If an organization has introduced a novelty and proceeds to the production of a new product, it continues its production activities, but at a qualitatively different - innovative level. Innovators are those who innovate. Innovation - a new or significantly improved product (good, service) or process put into use, a new sales method or a new organizational method in business practice, workplace organization or in external relations (Article 2 of the Law on Science).

It should be noted that the Law on Industrial Policy distinguishes between scientific and technical and innovative activities. Yes, Art. 12 speaks of support for scientific, technical and innovative activities in the implementation of industrial policy.

Innovation activity is characterized by the following signs:

1) the immediate (immediate) goal of this activity is the embodiment of an idea, a scientific and technical result in new types of goods, services, technologies. This goal is achieved at the stage of implementation (practical use of the result of intellectual activity). At this stage, prototypes are created in the conditions of production of an economic entity, they are tested, personnel are trained to work on new equipment, with new materials, etc. At this stage, the production of industrial products is mastered, that is, measures are taken to ensure the training of subjects industry (hereinafter referred to as industrial enterprises) to the production of industrial products that they have not previously produced or a significant increase in the number of previously produced industrial products, and including preparation for the commissioning of fixed assets and their commissioning, development and development of technological processes, mastery of practical skills in the production of industrial products (clause 10, article 3 of the Law on Industrial Policy);
2) the ultimate goal is to make a profit. This goal is achieved at the stage of manufacturing and launching new products on the market, using new technologies that embody scientific and technical results. This stage ends when the payback of the innovative project is reached;
3) is based on the application of scientific and technical results, including the results of intellectual activity. The Law on Industrial Policy sets the task (Article 4) to encourage industrial entities to implement the results of intellectual activity and master the production of innovative industrial products.

It should be borne in mind that not every scientific and technical result meets the criteria of practical applicability. After all, it can be created in a form understandable only to the developer. It can be recorded on any information carrier, for example, in the form of drawings, a report submitted by an employee to the head of the organization. Not all such scientific results, even if they are patentable, find practical application. If, for example, a scientific organization whose employees created a scientific and technical development is not a participant in an innovative project, its developments may not be in demand. The reasons for this are, in particular, the lack of experience in the commercialization of scientific results among developers and the interest in their practical application among business entities. A scientific result is accepted for implementation, brought to the state of the possibility of practical application. This is achieved by describing areas, methods of use, and an algorithm of actions to implement the result. If the developer has the necessary conditions, this stage can be completed by creating a prototype. A scientific and technical result is introduced, transformed into scientific and technical products.

Scientific and (or) scientific and technical products - a scientific and (or) scientific and technical result, including the result of intellectual activity, intended for implementation (Article 2 of the Law on Science).

Innovation activity - production activity, carried out with information and consulting support of the creator of scientific and technical products. It is different from scientific activity.

Scientific activity is creative in nature and is carried out by persons professionally and creatively prepared for this.

At the stage of manufacturing new products and their implementation on the market, representatives of scientific organizations - developers are invited, if necessary, to consult on the elimination of shortcomings revealed in the process of using new products by consumers.

Innovative activity is carried out on the basis of and in pursuance of an innovative project. An innovation project is a set of measures aimed at achieving an economic effect for the implementation of innovations, including the commercialization of scientific and scientific and technical results (Article 2 of the Law on Science). The law does not disclose, with the exception of the commercialization of the scientific and technical result, what activities constitute the content of the innovation project.

An innovative project can also be defined as a set of legally significant actions that must be performed by the performers of scientific and technical work, customers, users of the results of intellectual activity, which ultimately lead to the emergence of new types of products, services, technologies on the market within the established time frame. An important condition for ensuring the continuity of the cycle from the creation of an object of intellectual property (for example, an invention) to the manufacture of goods in which it is embodied is the financing of the project.

An innovative project can be developed by an economic entity and implemented by him independently. If, for example, a commercial organization has a scientific division, then scientific and technical results are created within the organization, new goods are produced on their basis or already produced ones are improved. Within the organization, an innovative project can be issued by an order indicating the responsible persons at all stages of innovative activity from the creation of a scientific and technical result to the production and sale of innovative goods.

It is possible to combine investment and innovation activities in one project (an investment project of an innovative orientation). For example, a special investment contract (Article 16 of the Industrial Policy Law) may contain a list of measures aimed at creating or modernizing and (or) mastering the production of industrial products that have no analogues in the territory of the Russian Federation.

Relationships between scientific, technical and industrial organizations are built on the basis of contracts.

Strategy, approved. Decree of the Government of the Russian Federation of December 8, 2011 No. 2227-r. // SZ RF. 2012. No. 1. Art. 216.
Decree of the Government of the Russian Federation of July 24, 1998 No. 832 "On the Concept of Innovative Policy of the Russian Federation for 1998-2000" // SZ RF. 1998. No. 32. Art. 3886; Law of the City of Moscow dated July 7, 2004 No. 45 “On Innovation Activities in the City of Moscow” (the law has become invalid).
Commercialization - activities to involve the scientific and technical result in the economic turnover. This is achieved by transferring the right to use it to business entities on the basis of, for example, a license agreement. Commercialization involves market monitoring and advertising.

The key importance in ensuring the innovative development of the economy and society as a whole belongs to the legal regulation of these processes.

The legal regulation of the relationship between the subjects of innovation, as well as between them and other participants in the innovation process involves:

establishment of legal bases of mutual relations of subjects of innovative activity;
guaranteeing the protection of the rights and interests of the subjects of innovation activity, in particular, the protection of such rights that are most essential for the development of innovation activity, such as intellectual property rights;
protection of the rights of possession, use and disposal of the results of innovative activity;
protection of industrial and intellectual property;
development of contractual relations, in particular, in the field of research, development and technological work, design and survey work, the provision of services for the implementation of innovative activities and agreements (contracts) with investors.

In Russia, the first normative legal documents regulating relations in the innovation sphere were formulated in the 1990s. This was partly due to the fact that the country has not yet formed an idea of the content and forms of innovation. Prior to this, in the planned economy, there was a fundamentally different form of organization of the R&D sphere and the dissemination of innovations.

There was a norm in the Constitution of the USSR according to which the implementation of R&D results was considered as a continuation of scientific and technical activities and was declared a function of the state. Therefore, a number of aspects of the implementation of scientific and technical developments and inventions in the first years of the post-Soviet period were reflected in the acts regulating science and scientific activity. Since innovation is, in fact, entrepreneurial, its individual issues were also regulated by normative legal acts focused on entrepreneurship, for example, the Civil Code of the Russian Federation.

Over time, it became obvious that this practice does not solve the problem, since innovation activity has a clearly defined specificity. It is possible to adequately reflect them mainly in special laws and other by-laws arising from them.

At the moment, the regulatory framework governing relations in the innovation sphere is developing, however, slowly and sometimes inconsistently. The existing national legislative base is still insufficient, laws and by-laws do not fully reflect the heterogeneity of the legal subsystems of various branches of law. The legal framework does not adequately reflect the experience of regulatory and legal regulation of innovation activities in other countries.

The lack of a systematic approach to the legal regulation of the innovation sphere is one of the constraining factors in the development of innovation activity, and, realizing this, the authorities of the constituent entities of the Russian Federation are trying to eliminate this shortcoming by adopting regional documents. The complexity of the development of normative legal acts on innovation activity lies primarily in the fact that until now the basic concepts of "innovation", "innovation activity", "state innovation policy" and other terms are interpreted ambiguously.

The topic of innovation has economic roots, so until now it has been developed mainly by economists. But the complexity of this area of knowledge is extremely high. Representatives of legal science consistently point out that the creation of a clear mechanism for legal regulation in the field of innovation is a necessary element of economic reforms. However, so far the modern legal doctrine has not specifically addressed the subject of innovation. Therefore, law is designed to solve life situations, immediately and adequately respond to them, meet today's requirements of changing social relations.

The task of economic science in the field of the theory of innovation is to form a system of knowledge regarding the essence of innovation as an economic phenomenon. The contribution of jurisprudence to this area should consist in understanding relations in the field of innovation from the standpoint of jurisprudence, developing scientifically based recommendations to the legislator on the forms and methods of legal regulation of these relations.

Modern Russian legislation includes a large number of disparate regulations, sometimes contradicting each other. In such a situation, sooner or later, there is an urgent need to streamline the current legal system, process laws, and bring them into a single whole. One of the ways to solve such problems is the systematization of legislation, which provides a specialist with the opportunity to quickly find and accurately interpret the necessary rules of law, and the legislator, in particular, to become the basis for developing a unified legal concept, a legal mechanism that regulates innovation activity.

Every year in Russia, about 2,000 regulations are adopted by the legislative and executive authorities. More than 1.5 thousand legal acts of the federal level today contain innovative topics. In the existing array of legislative acts, it is often difficult to find the right document, and even more so to study it in conjunction with other rules of law, to identify and establish the interdependence of various sections of law. Only the systematization of legislation, prepared by experts in the field of law, can facilitate the work with laws.

To solve the problems of modernizing the economy, increasing the overall level of competitiveness, it is necessary not only to develop and adopt the necessary regulatory legal documents, but also to streamline and systematize existing legal norms, to develop a unified mechanism for the legal regulation of innovation activity. Only a thorough analysis of the current innovation legislation will help to understand and objectively assess the reasons for the lack of effectiveness of existing legal mechanisms, to identify and eliminate problem areas in the legislation.

It should be noted that gradually work on the formation of a systematized legal framework has now begun. In addition, over the past few years, fundamentally important legislative documents have been developed and adopted, aimed both at regulating relations in the innovation sphere and determining the nature of its development in the future. Regional authorities are called upon to play a huge role in the development of the legislative framework.

Initially, the Constitution of the Russian Federation attributed the legal regulation of issues of civil law and intellectual property to the exclusive jurisdiction of the Russian Federation. This approach is explained both by the importance of regulated public relations and the interest of all subjects of the Federation and the Federation itself in a single legal space in the field of civil law regulation.

The assignment of these issues to the exclusive jurisdiction of the Russian Federation does not mean, however, that the subjects of the Federation in their regulations are not entitled to deal with these issues. Currently, regional authorities should take an active part in the legal regulation of innovation, in the systematization of the local legislative framework, designed to expand the rights and freedoms of citizens compared to how they are defined by federal law.

In general, the tasks facing public authorities in the field of development, systematization and development of innovative legislation should be aimed at ensuring:

development of fundamental science, the most important applied research and development (formation of a system for long-term forecasting of the development of priority areas of science and technology, as well as priorities of scientific, technical and innovative activities);
increasing the efficiency of using the results of scientific and scientific and technical activities and the formation of markets for the consumption of scientific and technical products (creating a system of state orders, stimulating investment in the innovation sphere);
legal protection and protection of the results of intellectual activity;
improvement of the mechanisms of public-private partnership in the innovation sphere and regulation of interaction between the participants of the innovation process - the subjects of innovation activity;
creation, preservation and development of the personnel potential of scientific, technical and innovative complexes, increasing the prestige of scientific, scientific, technical, educational and innovative activities;
organizing the financing of innovation activities, increasing the efficiency of the activities of federal, interregional funds for scientific, scientific, technical and technological development, integrating the efforts of the state and the business sector of the economy in this direction;
regulation of the sphere of international scientific, scientific, technical and technological cooperation, stimulation of the creation of international scientific organizations, scientific and production structures, support for the promotion of domestic scientific and scientific and technical products to the world market.

Legal regulation of innovation activity in Russia is carried out on the basis of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the laws and other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation adopted in accordance with them, as well as international treaties of the Russian Federation related to innovation activity.

The legislative framework that determines relations in the innovation sphere can be grouped as follows.

1. Legal acts , determining the targets of state policy (concepts , programs, doctrines ). Documents of this group, as a rule, are declarative acts.
2. Decrees, laws, resolutions and orders, determining the functions of state and executive authorities, scientific, non-governmental organizations and foundations in terms of innovation.
3. Orders of the Government of the Russian Federation, approving action plans in the field of modernization of the economy in the short and long term. This group of normative acts contains the main provisions of the concept of reforming science, innovative development of the economy, the infrastructure of innovative activity, as well as measures to stimulate innovation.
4. Laws governing the status of innovation-active zones (science cities, academic campuses, etc.).
5. Regional innovation legislation (laws and concepts).

The main regulations governing the state innovation policy in the field of development of innovation activity in the country are presented in Table. 4.3.

Table 4.3

The main regulations governing relations and principles for the development of innovative activities in the Russian Federation

	Type of normative act	Name of the normative act
		On Science and State Science and Technology Policy
		On the transfer of rights to unified technologies
	the federal law	On the status of the science city of the Russian Federation
	the federal law	About trade secret
		About the Russian Corporation of Nanotechnologies
		About Patent Attorneys
		About education in the Russian Federation
		On special economic zones in the Russian Federation
		Part IV (Section VII. Rights to the results of intellectual activity and means of individualization)
		On approval of priority areas for the development of science, technology and technology in the Russian Federation and the list of critical technologies of the Russian Federation
		On some measures to strengthen state support for science and higher educational institutions of the Russian Federation
		About the state scientific centers of the Russian Federation
	Decree of the President of the Russian Federation	Fundamentals of the policy of the Russian Federation in the field of development of science and technology for the period up to 2010 and beyond
		On the state policy for the involvement in the economic turnover of the results of scientific and technical activities and objects of intellectual property in the field of science and technology
		National Security Strategy of the Russian Federation until 2020
		Information Security Doctrine of the Russian Federation
		On approval of the National Security Concept of the Russian Federation
		On approval of the Rules for the formation, adjustment and implementation of priority areas for the development of science, technology and technology in the Russian Federation and the list of critical technologies of the Russian Federation
		The main directions of the state investment policy of the Russian Federation in the field of science and technology
		On state accounting of the results of research, development and technological work for military, special and dual purposes
		About the Federal Agency for Science and Innovation
		On the inventory procedure and valuation of rights to the results of scientific and technical activities
		The main directions of the implementation of the state policy on the involvement in the economic turnover of the results of scientific and technical activities
		On the use of the results of scientific and technical activities
		On state accounting of the result in research, development and technological work for civil purposes
		The main directions of the policy of the Russian Federation in the field of development of the innovation system for the period up to 2010
		On the implementation of control and supervision in the field of legal protection and the use of the results of civil intellectual activity created at the expense of budgetary appropriations of the federal budget, as well as control and supervision in the established field of activity in relation to state customers and organizations - executors of state contracts that provide for research , development and technological works
		On a set of measures and the development of state support for small enterprises in the field of material production and the promotion of their innovative activities
		On approval of the state program of the Russian Federation "Development of science and technology" for 2013–2020
		The main directions of the implementation of state policy but the involvement in the economic circulation of the results of scientific and technical activities
		On the concept of long-term socio-economic development of the Russian Federation for the period up to 2020
		On the list of scientific organizations that retain the status of the state scientific center of the Russian Federation
		On the creation of a data bank of highly effective research, development, technological work and innovative projects
	Minutes of the Interdepartmental Commission on Science and Innovation Policy dated February 15, 2006 No. 1	Strategy for the development of science and innovation in the Russian Federation for the period up to 2015

Strategic documents of the federal level play a key role in the regulation and development of innovation activity in the country. These include, first of all, strategies and concepts for the development of the country as a whole (for example, the Concept of long-term socio-economic development of Russia for the period up to 2020 and beyond) and strategic industries in particular, as well as a long-term forecast of scientific and technological development of the Russian Federation for the period up to 2025

For the development of innovation processes in the country, special attention should also be paid to the legislative regulation of R&D financing processes. The main regulatory legal documents regulating the procedure for financing scientific research and experimental development are presented in Table. 4.4.

An analysis of legislation in the innovation sphere indicates a significant number of regulatory legal documents. At the same time, as mentioned above, there is a lack of a unified coordinated legislative framework, despite intensive work to improve the legal field.

Table 4.4

Basic regulations governing relations in the field of financing scientific research and experimental development

	Type of normative act	Title of the regulation
		On measures to attract leading scientists to Russian educational institutions of higher professional education
		On State Support for the Development of Innovative Infrastructure in Federal Educational Institutions of Higher Professional Education
		On measures of state support for the development of cooperation between Russian higher educational institutions and organizations implementing complex projects to create high-tech production
		On the procedure for disposing of rights to the results of scientific and technical activities
		On the unified state information system for accounting for research, development and technological work for civil purposes
		On approval of the procedure for the formation and use of extra-budgetary funds of federal executive bodies and commercial organizations to finance scientific research and experimental development
		On approval of the Instructions on the procedure for applying the budget classification of the Russian Federation
	Order of the Ministry of Information and Communications of the Russian Federation dated August 15, 2007 No. 97 (registered with the Ministry of Justice of the Russian Federation on October 10, 2007 No. 10295)	About the Extrabudgetary Sectoral Research and Development Fund of the Ministry of Information Technologies and Communications of the Russian Federation

In this regard, legislators today face two main tasks:

streamlining the current federal and regional legislation regulating innovation activity;
the adoption of a single expanded special law regulating innovation activity in the Russian Federation at the federal level, taking into account the analysis of the objectively existing Russian (federal and regional) and foreign legislation, law enforcement practice, and the results of scientific, statistical, sociological and political research. The incorporation of the norms of international law into the legislation of Russia is one of the most important ways of harmonizing the norms of international and national law.

When adopting a law regulating innovative activity in the Russian Federation, among the fundamental positions, the rules of law should be fixed: on the principles, subject, subjects of legal regulation of innovative relations, their rights and obligations; about the goals of innovation legislation and one hundred place in the system of current legislation; about sources of financing, measures of state support, the basics of stimulating creativity and innovative activity of all subjects of innovative legal relations; on the legal liability of all subjects of civil legal relations for violation of exclusive rights.

The emergence of an innovative segment in the economy is an expansion of the market infrastructure, an increase in the number of its elements. Therefore, the innovation sphere is an organic part of the economic system, which means that the methods of regulation used to manage the innovation component are similar to the methods of managing the economic system.

At the same time, due to the peculiarities of the subject and object composition of relations that arise in the process of implementing innovative activities, it turned out to be insufficient:

existing civil law norms relating to the institution of intellectual property;
norms of the law of obligations, mediating the turnover of property and non-property rights;
norms of contractual structures on the procedure for conducting experimental design and research work.

The need for the participation of the state, the ultimate goals of the activities of the subjects, the specifics of the scientific field in which potential objects of innovation are created, encourage us, when regulating innovative relations, to turn to the rules of law that mediate activities in the field of management, to the institutions of financial and budgetary law.

The legal security of participants in innovative entrepreneurship also implies the existence of an effective legal mechanism that formalizes the relations of its subjects not only with other economically isolated market participants, whose behavior is based on a legally prescribed dispositive model of behavior (relationships of legal equality), but also with authorities within whose competence includes actions in relation to the subjects of innovative entrepreneurship - for permission, assistance, resource provision, control.

Thus, the entire set of legal norms that regulate innovative relations and ensure the effective economic behavior of its participants forms the legal environment for innovative entrepreneurship. Based on the existing achievements of legal science on the system of law and legislation, innovation legislation should be defined as a complex branch of legislation, since it is a combination of diversified elements.

Civil Code of the Russian Federation (IV part) dated December 18, 2006 No. 230-Φ3 (as amended on July 23, 2013) (with amendments and additions that entered into force on September 1, 2013). Section VII. Rights to the results of intellectual activity and means of individualization.
Innovation management for the reproduction of a competitive economy. S. 87.

There is no legal definition of innovation, as well as innovation activity, at the level of the law of the Russian Federation.

Innovative activity is considered to be the activity of creating and using an intellectual product, bringing new original ideas to their implementation in the form of a finished product on the market.

Innovation activity - a process aimed at implementing the results of completed scientific research and development or other scientific and technological achievements in a new or improved product sold on the market, a new or improved technological process used in practical activities, as well as additional scientific developments related to this.

Innovation (innovation) - the end result of innovative activity, realized in the form of a new or improved product sold on the market, a new or improved technological process used in practice.

Scientific activity and scientific and technical activity are the stages of the innovation process and their combination with the "material" stages (production, trade and consumption) is considered as a cycle of innovation activity.

In innovative activity there are independence, risk And profit oriented. But making a profit is possible only with the implementation of the final product of innovation and is determined by the quality of this product. In the early stages, the activity is usually unprofitable. And yet, innovation is aimed at generating additional profit through increasing production efficiency and achieving competitive advantages, and can be seen as an entrepreneurial.

"Patent Law" of the Russian Federation of September 23, 1992 laid the foundations of Russian legislation in the field of intellectual property protection.

Federal Law "On Science and State Scientific and Technical Policy" dated 23.08.1996 regulates relations between the subjects of scientific and scientific-technical activities and consumers of scientific and scientific-technical products (works, services). Special laws have been adopted that define the legal regime for inventions, utility models, industrial designs, computer programs and databases, and typologies of integrated circuits.

Objects of innovation activity differ in the degree of novelty and in the level of their legal protection.

The result of innovative activity is scientific and technical products, i.e. discoveries, hypotheses, theories, concepts, models (a product of fundamental research), inventions, scientific and design developments, projects, prototypes of new technology, new products; informatics products. There are two main levels of novelty:

a completely new type of product;

introduction of new components into products already known on the market.

Apply three main types of intellectual product protection:

trademark.

The intellectual product also includes know-how- a set of technical, commercial and other knowledge necessary for the organization of a particular type of production. But the protection of know-how is not regulated by law.

The types of innovations are differentiated by industry: fuel, printing industry and metallurgy are dominated by technological innovation , while in other industries grocery accounting for almost two-thirds of all costs.

The legislation does not establish the circle of persons participating in the innovation process. The subjects of innovation activity can be individual entrepreneurs carrying out PD in the scientific and technical field. These are inventors, designers, technologists and other creative individuals who develop and implement innovations. Scientific and technical developments can be created by citizens. However, the leading subjects of innovation activity are, regardless of the form of ownership, research and design organizations, enterprises and organizations of various sectors of the economy, higher educational institutions. Organizational and legal forms of innovative activity can be business partnerships and companies, state and municipal unitary enterprises, institutions. According to the functions performed in the process of innovation, subjects can act as developers (performers), customers, manufacturers of new products, consumers of innovative products.

Thus, innovative organizations are research organizations and research centers performing fundamental and applied research; design organizations and specialized design bureaus that carry out design developments and projects; design and technological organizations that develop and manufacture technological systems for the production of goods; innovative enterprises (companies, firms) specializing in the materialization of R&D results.

Legal forms of creation and implementation of innovations- these are various agreements that ensure interaction between the subjects of innovative activity. At the stages of fundamental and applied research, the most important contract for the performance of design and survey work, contracts for the performance of scientific research, development and technological work. Licensing agreements are often used, while, depending on the scope of the rights transferred, a distinction is made between exclusive and non-exclusive licenses. Possible contracts for the transfer of scientific and technical documentation, a contract for the transfer of know-how, a commercial concession contract, an investment contract, a contract for the provision of marketing services, etc.

The main source of financing for innovation activities are the own funds of organizations. The second source is budget investments, as well as extra-budgetary funds. Funds from international organizations may be used. In developed countries, the predominant source of financing for innovative developments, as a rule, are industrial companies. In Russia in 2000, industrial companies accounted for 32.9% of funds spent on research and development, and the government accounted for 54.8%. At the same time, spending on research and development carried out from all sources (private companies, government, higher education institutions, non-governmental organizations) was 25 times less than in the United States.

Depending on the size of innovative organizations can be small, medium or large. The main part of the scientific and technological potential in developed countries is concentrated in large companies, but small and medium-sized firms are ahead of them in terms of commercialization of the results of research and development work on a wide range of products. Indeed, small businesses can only survive if they use the latest equipment, produce more profitable products, which provides, at least temporarily, good income while quickly saturating markets with competitive goods. Large firms plan the development of production on a high and efficient basis, constantly improving and updating their products. But they are slow to respond to new societal needs and the commercialization of new ideas into a marketable product.

In order to further develop small business in the field of material production, promote innovation and ensure the sustainable functioning of small enterprises as one of the factors in stabilizing the country's economy as a whole, the Government of the Russian Federation adopted Decree of December 31, 1999 No. 1460 "On a set of measures for the development and state support of small enterprises in the field of material production and the promotion of their innovative activities."

Beginning of state regulation of innovation activity in Russia was laid down by the Decree of the Council of Ministers of the RSFSR of March 27, 1991 No. 171, which approved Regulations on the State Innovation Program. Legal acts are the main legal form of regulation of innovation activity. Legal acts related to state regulation of innovation activity either contain direct directives or have an indirect effect on it. The latter include regulations aimed at creating favorable conditions in the field of taxation for conducting innovative activities. Despite all this, the innovation policy of the state remains ineffective.

The lack of legal regulation is one of the constraining factors in the development of innovative activity, and, realizing this, the authorities of the constituent entities of the Russian Federation are trying to eliminate this shortcoming by adopting regional documents. The complexity of the development of regulatory legal acts on innovation activity lies primarily in the fact that until now the basic concepts of "innovation", "innovation activity", "state innovation policy" and other terms are interpreted ambiguously.

The economic literature contains studies devoted to the methodological and conceptual problems of innovation activity, the state of organizational and economic mechanisms for the functioning of innovative components. The volume of legal research related to the problems of innovative relations is very small. What is the reason that innovation legislation today is not supported by the necessary scientific research in the field of law? After all, the lack of systematic research on the problems of innovative relations makes it impossible to develop evidence-based practical recommendations for the executive and legislative authorities. The answer to this question will make it possible to understand why innovation legislation is developing slowly and inconsistently, without a clear concept, without defining the subject and methods of legal regulation, as well as the range of regulated relations, such as the draft law "On innovation activity in the Russian Federation".

The modern legislation of Russia, in contrast to the legislation of the Soviet period, consists of hundreds of thousands of regulations adopted by various law-making bodies under the influence of various public sentiments, in response to the urgent demands of a developing economy. In such a situation, sooner or later, there is an urgent need to streamline the current legal system, process laws, and bring them into a single whole. One of the ways to solve such problems is the systematization of legislation, which provides the specialist with the opportunity to quickly find and accurately interpret the necessary rules of law, and the legislator, in particular, to become the basis for developing a unified legal concept, a legal mechanism that regulates innovation.

Every year in Russia, the legislative and executive authorities adopt about two thousand regulations. More than 1800 legal acts of the federal level today contain innovative topics. Such a number of normative documents that mention in their context the phrases "innovation", "innovative product", "innovative activity" not only makes it difficult to study, but also makes it difficult to apply. In the existing array of legislative acts, it is often difficult to find the right document, and even more so to study it in conjunction with other rules of law, to identify and establish the interdependence of various sections of law. Any legal reference system is just a technical tool in the hands of a professional, an automated workplace. Only the systematization of legislation, prepared by experts in the field of law, can facilitate acquaintance with laws, streamline them, and reduce the time for studying them. At present, the state of legal regulation of innovative relations as a whole is characterized by lack of system and lack of a single integrated approach. Therefore, today, legislative activity should consist not only in the adoption of regular normative acts regulating innovation activity, but also in streamlining existing legal norms and developing a unified mechanism for the legal regulation of innovation activity. Only a thorough analysis of the current innovation legislation will help to understand and objectively assess the reasons for the lack of effectiveness of existing legal mechanisms, to identify and eliminate problem areas in the legislation.

The Constitution of the Russian Federation attributed the legal regulation of issues of civil law and intellectual property to the exclusive jurisdiction of the Russian Federation. This approach is explained both by the importance of regulated public relations and the interest of all subjects of the Federation and the Federation itself in a single legal space in the field of civil law regulation.

In most states, including federal ones, the legislation on intellectual property and the patent service is strictly centralized, since in this sector of legal relations uniform regulation serves the interests of the individual and the state as a whole, guarantees the protection of the creative activity of a person, manufacturers and creators of an intellectual product. Legal regulation of relations in the field of intellectual property at the federal level creates conditions for preserving and increasing the country's intellectual potential, preventing its leakage abroad and effectively using it to solve problems of socio-economic development. However, the assignment of these issues to the exclusive jurisdiction of the Russian Federation does not mean that the subjects of the Federation in their regulations are not entitled to deal with these issues. On the contrary, they should expand the rights and freedoms of citizens in comparison with how they are defined by federal law. The only restriction indicated by the legislator is the impossibility of restricting and infringing on the rights of citizens.

Many constituent entities of the Federation took advantage of this right and, between 1997 and May 2005, adopted 35 laws regulating innovation activity on their territory (for more details, see). There was a legal conflict. On the one hand, the legal regulation of issues of civil law and intellectual property belongs to the exclusive jurisdiction of the Russian Federation, and therefore, the subjects of the Federation have gone beyond their powers, and on the other hand, the laws adopted by the subjects of the Federation do not contradict federal law, since at the federal level To date, the law “On innovations and innovative activities in the Russian Federation” has not been adopted. And the market continues to urgently demand legislative regulation of innovative relations. It is expected that after the adoption of the relevant federal law, the regional innovation legislation will be brought into line with the federal one.

Today, about 1800 federal regulations contain innovative terminology. However, the analysis of innovative legislation conducted by M.V. Volynkina, indicates that no more than 130 of them are subject to systematization, since all the rest contain only a number of populist innovative phrases - “innovative development”, “innovative perspective”, etc.

The special legislative base on innovations can be grouped as follows.

1. Legal acts that define the goals of state policy (concepts, programs, doctrines). Documents of this group, as a rule, are declarative acts.
2. Decrees, laws, resolutions and orders, determining the functions of state and executive authorities, scientific, non-governmental organizations and foundations in terms of innovation.
3. Orders of the Government of the Russian Federation, approving action plans in the field of modernization of the economy in the short and long term. This group of normative acts contains the main provisions of the concept of reforming science, innovative development of the economy, the infrastructure of innovative activity, as well as measures to stimulate innovation.
4. Laws governing the status of innovation active zones(science cities, academic campuses, etc.).
5. Regional innovation legislation(laws and concepts).

The main regulations governing the state innovation policy are presented in Table. 1.6.

An analysis of innovation legislation indicates the absence of a unified coordinated state policy in the field of innovative development of the country's economy, and, consequently, a systemic nature in its legal regulation. At the same time, it can be noted that at the federal level there are no:

a unified concept for the development of Russia's innovative economy;
accurate innovative terminology that promotes a uniform understanding and application of innovative legislation by all subjects of law.

Normative acts regulating the state innovation policy of the Russian Federation

Table 1.6

		Title of the regulation
		About the Federal Innovation Program "Russian Engineering Network of Technical Innovations"
		About measures of the state support of small business in the Russian Federation for 1994-1995
		On approval of the federal target program "Russian engineering network of technical innovations"
	Decree of the Government of the Russian Federation of December 18, 1995 No. 1256 (as amended by the Decree of the Government of the Russian Federation of December 17, 1999 No. № 1399)	On the Federal Program of State Support for Entrepreneurship in the Russian Federation for 1996-1997
		On priority measures for the development and state support of innovation in industry
	Decree of the President of the Russian Federation of June 13, 1996 No. 884 (as amended by Decrees of the President of the Russian Federation of August 1, 2004 No. 1114)	On the doctrine of the development of Russian science

	Type of normative act, date and No.	Title of the regulation
		On Science and State Science and Technology Policy
		On approval of the program of the Government of the Russian Federation "Structural adjustment and economic growth in 1997-2000"
		On creating conditions for attracting investment in the innovation sector
		On the concept of reforming Russian science for the period 1998-2000
		On the creation of a data bank of highly effective research, development, technological work and innovative projects
		On the state policy for the involvement in the economic turnover of the results of scientific and technical activities and objects of intellectual property in the field of science and technology
		On the concept of innovation policy of the Russian Federation for 1998-2000
		On approval of the agreement on the formation and status of interstate innovation programs and projects in the scientific and technical field
		On a set of measures and the development of state support for small enterprises in the field of material production and the promotion of their innovative activities
	2001 No. 910-r (as amended by the Decree of the Government of the Russian Federation of June 6 2002 No. 388)	On the program of socio-economic development of the Russian Federation for the medium term (2002-2004)

	Type of normative act, date and No.	Title of the regulation
		The main directions of the implementation of the state policy on the involvement in the economic turnover of the results of scientific and technical activities
	Minutes of the Joint Meeting of the Security Council of the Russian Federation, the Presidium of the State Council of the Russian Federation and the Council under the President of the Russian Federation for Science and High Technologies dated March 20, 2002
		Fundamentals of the policy of the Russian Federation in the field of development of science and technology for the period up to 2010 and beyond
		Strategy for economic development of Siberia
		The main directions of the state innovation policy of the Russian Federation in the field of science and technology
		The program of socio-economic development of the Russian Federation for the medium term (2003-2005)
		Energy strategy of Russia for the period up to 2020

Today, the legislator faces two main tasks:

1) streamlining the current federal and regional legislation regulating innovation activity;
2) the adoption of a special law regulating innovation activity in the Russian Federation at the federal level, taking into account the analysis of the objectively existing Russian (federal and regional) and foreign legislation, law enforcement practice, and the results of scientific, statistical, sociological and political research. The incorporation of the norms of international law into the legislation of Russia is one of the most important ways of harmonizing the norms of international and national law.

Currently, the main plans that determine the actions of the Government of the Russian Federation for the implementation of innovation policy are formulated in a number of regulations. The main ones are presented in Table. 1.7.

Table 1.7

Regulations,

determining the action plans of the Government of the Russian Federation for the implementation of the innovation policy of the Russian Federation

	Type of normative act, date and No.	Title of the regulation
		Action plan for the implementation of the concept of reforming Russian science for the period 1998-2000
		Action plan for 1999-2000 for the implementation of the concept of innovation policy of the Russian Federation for 1998-2000
		Action Plan of the Government of the Russian Federation in the field of social policy and modernization of the economy for 2000-2001
	2000 No. 1072-r Decree of the Government of the Russian Federation of July 14 2001 No. 993-r	Appendix to the action plan of the Government of the Russian Federation in the field of social policy and modernization of the economy for 2000-2001
		Action plan of the Government of the Russian Federation for the implementation in 2002 of the main provisions of the program of socio-economic development of the Russian Federation for the medium term (2002-2004)

	Type of normative act, date and No.	Title of the regulation
		Action Plan of the Government of the Russian Federation for 2003 for the implementation of the main directions of the socio-economic development of the Russian Federation
		Action plan for 2003-2005 to stimulate innovation and develop venture capital investment
		Action plan of the Government of the Russian Federation for the implementation in 2004 of the provisions of the program of socio-economic development of the Russian Federation for the medium term (2003-2005)
		The main directions of the Government of the Russian Federation in the field of development of the innovation system for the period up to 2010

When adopting a law regulating innovation activity in the Russian Federation, the following rules of law should be fixed among the fundamental positions:

about the principles, subject, subjects of legal regulation of innovative relations, their rights and obligations;

about the goals of innovation legislation and its place in the system of current legislation;

about sources of financing, measures of state support, the basics of stimulating creativity and innovative activity of all subjects of innovative legal relations;

on the legal liability of all subjects of civil legal relations for violation of exclusive rights.

At the same time, due to the peculiarities of the subject and object composition of relations that arise in the process of implementing innovative activities, it turned out to be insufficient:

existing civil law norms relating to the institution of intellectual property;
norms of the law of obligations, mediating the turnover of property and non-property rights;
norms of contractual structures on the procedure for conducting experimental design and research work.

The legal security of participants in innovative entrepreneurship also implies the existence of an effective legal mechanism that formalizes the relations of its subjects not only with other economically isolated market participants, whose behavior is based on a legally prescribed dispositive model of behavior (relationships of legal equality), but also with authorities within whose competence includes actions in relation to the subjects of innovative entrepreneurship - on permission, assistance, resource provision, control (subordinate power relations).

Thus, the entire set of legal norms that regulate innovative relations and ensure the effective economic behavior of its participants forms the legal environment for innovative entrepreneurship.

Based on the existing achievements of legal science on the system of law and legislation, innovation legislation should be defined as a complex branch of legislation, since it is a combination of diversified elements. Most of the legal norms on innovation directly embody those principles of regulation that are characteristic of basic, fundamental industries - mainly civil law. Therefore, the best place for codifying the general provisions and principles of innovative relations is the Civil Code of the Russian Federation (CC RF) - the natural center for the codification of all norms of civil law, and the Federal Law "On Innovations and Innovative Relations in the Russian Federation" should become a special act.