Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 07/04/23 Aceptado el 14/08/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Vol. 41, Nº 79 (2023), 61-77
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Implementation of innovations in
Ukraine during martial state
DOI: https://doi.org/10.46398/cuestpol.4179.04
Inna Kovalenko *
Nataliia Bieliaieva **
Igor Pidkaminnyi ***
Viktoriia Khmurova ****
Yevheniia Lohvynenko *****
Abstract
This scientic article is devoted to the identication of current
problems of legislative regulation of priority areas of innovative
activity in Ukraine and development of proposals for their
solution. It emphasized the need for rapid development of the state
program of objectives for forecasting the scientic, technological
and innovative development of Ukraine for 2023-2032, which
will contribute to the formation of nancial opportunities for
the development of the national innovation system. Arguments are given
that increasing the level of innovative development of Ukraine in the
war and post-war period will contribute to: simplication of review and
agreement procedures; aligning the content of legislative acts regulating
the determination of priority areas of innovative activity; operational
development of the state target program, which would determine the most
promising directions for the development of scientic, technological and
innovative activities. The obtained results allow us to conclude on the
expediency of deploying a single national strategy for the development
of innovative activity, which would allow clearly dening its objectives,
priorities, resources, mechanisms of implementation and control, etc., as
* Candidate of legal sciences, Associate Professor of the department of private and public law of the Kyiv
National University of Technologies and Design, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-
0001-7595-777Х. Email: ilchenkoin@ukr.net
** PhD., in Economics, Associate Professor of the Department of Management in State University of Trade
and Economics, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-8833-1493. Email: nswork@
ukr.net
*** PhD., in Economics, Associate Professor of the Department of Management in State University of
Trade and Economics, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-8842-6046. Email: i.
pidkaminnyi@gmail.com
**** PhD in Economics, Associate Professor of the Department of Management in State University of
Trade and Economics, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-6398-6351. Email: v.
khmurova@knute.edu.ua
***** Candidate of legal science, Associate Professor of the Department of Constitutional and International
Law of Kharkiv National University of Internal Aairs, Kharkiv, Ukraine. ORСID ID: https://orcid.
org/0000-0002-7687-843X. Email: evgeniyalogvinenko11@gmail.com
62
Inna Kovalenko, Nataliia Bieliaieva, Igor Pidkaminnyi, Viktoriia Khmurova y Yevheniia Lohvynenko
Implementation of innovations in Ukraine during martial state
well as the «Strategic plan for overcoming the economic crisis in Ukraine
for 2023-2025».
Keywords: martial law; conditions for innovations; innovative policy;
innovative development; legislative regulation.
Implementación de innovaciones en Ucrania durante
el estado marcial: Regulación legislativa
Resumen
Este artículo cientíco está dedicado a la identicación de problemas
actuales de regulación legislativa de áreas prioritarias de actividad
innovadora en Ucrania y al desarrollo de propuestas para su solución.
Se enfatizó la necesidad de un rápido desarrollo del programa estatal
de objetivos para pronosticar el desarrollo cientíco, tecnológico e
innovador de Ucrania para 2023-2032, lo que contribuirá a la formación
de oportunidades nancieras para el desarrollo del sistema nacional de
innovación. Se dan argumentos de que aumentar el nivel de desarrollo
innovador de Ucrania en el período de guerra y posguerra contribuirá a:
la simplicación de los procedimientos de revisión y acuerdo; alinear el
contenido de los actos legislativos que regulan la determinación de áreas
prioritarias de actividad innovadora; desarrollo operativo del programa
estatal de objetivos, que determinaría las direcciones más prometedoras
para el desarrollo de actividades cientícas, tecnológicas e innovadoras.
Los resultados obtenidos permiten concluir sobre la conveniencia de
desplegar una estrategia nacional única para el desarrollo de la actividad
innovadora, que permita denir claramente sus objetivos, prioridades,
recursos, mecanismos de implementación y control, etc., así como el «Plan
estratégico para superar la crisis económica en Ucrania para 2023-2025».
Palabras clave: ley marcial; condiciones para las innovaciones;
política innovadora; desarrollo innovador; regulación
legislativa.
Introduction
The growth of the economic role of innovations, acceleration of pace,
directions and changes in the mechanisms of development of innovative
processes became one of the key factors that led to radical structural changes
in the economies of the countries of the world. Investments in education
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 61-77
and science increased, technological and organizational innovations
spread, and new types of activities appeared. The changes that took place in
the economic development of the leading countries proved their transition
to an innovative model of development.
Innovative improvement of production, the ability to oer the consumer
goods and services of a new, previously unknown type, have become the
general law of modern competition. At the same time, the available
theoretical approaches and methods and tools for implementing the
innovation process were not always adequate to the growing needs and
expected results of innovative development (Honcharenko, 2015).
Today, the development strategies of any enterprises should include
not only ensuring a sucient level of solvency, liquidity and protability,
but also ensuring a high level of scientic and technical developments
and innovations, which will signicantly increase the level of functioning
of the business entity. One of the tools that will contribute to the eective
implementation of the chosen strategies is investments, which will make
it possible to carry out activities in a coordinated and phased manner and
guarantee an appropriate level of nancial and economic security.
Based on world experience, external and internal investment support
forms a large part of aggregate investments in the innovative development
of national economies to stimulate economic growth and ensure the
sustainability of enterprises. Accordingly, investment support is a
stimulator of innovative processes in Ukraine, which allows the country to
develop faster and stabilize all industries and sectors of the economy.
The results of many studies of the state of regulatory and legal regulation
of innovative activity in Ukraine conrm the presence of problems due to
the lack of consolidation at the legislative level of the system of innovation
law itself, the imperfect coordination of the eorts of state bodies involved
in this process, the ineectiveness of the system of monitoring compliance
and the implementation of prescriptions contained in numerous normative
legal acts, as well as inconsistency in the disclosure of the basic concepts
contained in them.
Thus, during the years of independence in Ukraine, in addition to special
laws, state authorities in one form or another adopted (approved) about two
hundred programs, concepts, strategies, the majority of which are aimed at
adapting national legislation to European integration processes and laying
guidelines for the innovative development of industry and the sphere
services, as well as the creation of prerequisites for the implementation into
national legislation of law enforcement evidenced by practice in advanced
world democracies.
Today Ukraine is going through dicult times due to the full-scale
invasion of the Russian Federation on the territory of a sovereign state.
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Inna Kovalenko, Nataliia Bieliaieva, Igor Pidkaminnyi, Viktoriia Khmurova y Yevheniia Lohvynenko
Implementation of innovations in Ukraine during martial state
From the point of view of the chosen topic, this situation is new and requires
a transition to a new innovative model for the functioning of the economy in
the war and post-war periods.
The introduction of martial state involves the functioning of the economy
mainly in the direction of meeting the needs of the armed forces of Ukraine,
which does not diminish the role of investment resources in the economic
system, since in the post-war period it will be important to rebuild critical
infrastructure enterprises, restore the work of the socio-economic sphere
with the introduction of the latest technologies. Accordingly, the chosen
research topic is extremely relevant and is characterized by the absence of
previous research in the chosen direction.
1. Methodology of the study
The theoretical and methodological basis of the research is its
methodology, as a teaching about the system of methods, principles,
special means and methods of studying general regularities, emergence,
functioning and legal support of the development of innovations, as well
as an institutional-evolutionary approach to the study of the problems of
legal support of the development of innovations, a systematic approach to
the substantiation of strategic prospects for the innovative development of
the national economy. A three-level structure of research methods of legal
support for the introduction of innovations in Ukraine under martial state
is applied – philosophical, general scientic and special scientic.
Methodological approaches that determined the general research
paradigm are as follows. A synergistic approach was used during the study
of the evolution of the formation of state policy in the eld of innovative
activity.
The comprehensive approach involves the analysis of the subject of
research within the framework of a combination of dierent scientic
schools, concepts and methods and is implemented through the vision of
the object from the most diverse positions, by combining the knowledge
of dierent methods. The use of the humanistic method contributed to the
formation of proposals for the implementation of measures of innovative
activity in the conditions of special legal regimes.
2. Analysis of recent research
General and specic issues of legal policy in the eld of innovation were
considered in the works of many scientists (Georgievskyy, 2021; Haustova
and Reshetnyak, 2019; Honcharenko, 2015; Levchuk, 2023; Malets, 2020;
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Vol. 41 Nº 79 (2023): 61-77
Shumilo, 2008; Yakovlev, 2018). Despite the signicant contribution of
the mentioned scientists to the development of legal regulation problems,
in the conditions of martial state imposed on the territory of Ukraine and
the adaptation of national legislation to the requirements of the European
Union, a number of issues of the mentioned topic remain debatable.
However, many issues regarding the normative and legal regulation of
innovative activity remain debatable.
In addition, despite the fact that a signicant number of regulatory and
legal acts have been approved over many years of the history of innovative
activity, one of the most important problems for Ukrainian innovations in
the conditions of martial state remains the lack of eective legal regulation.
This state of aairs does not meet the requirements of the transition of
the Ukrainian economy to an innovation-oriented model and restrains the
development of innovative activities.
The purpose of this research is the analysis of the current legislation of
Ukraine in the eld of innovative activity, a critical analysis of the denition
of individual categories in normative legal acts, the determination of the
eectiveness of the current legislation for the needs of the modern economy,
and the identication of problems in practical application.
3. Results and discussion
Clarifying the priority ways of improving the legal support for the
introduction of innovations during martial state in Ukraine requires the
denition of a categorical research apparatus, in particular, such terms as
«innovations», «innovative activity» and «martial state».
In accordance with the Law of Ukraine «On Innovative Activity»,
innovations are newly created (applied) and (or) improved competitive
technologies, products or services, as well as organizational and technical
solutions of production, administration, commerce or other that signicantly
improve the structure and quality of production and (or) social sphere (On
Innovative Activity. Law Of Ukraine, 2002).
At the same time, international standards consider innovation as the
introduction of a new or signicantly improved product (good or service),
or process, a new marketing method or a new organizational method in
business practice, workplace organization or external relations (Innovation
Economics: The Economic Doctrine for the 21st Century).
The Law of Ukraine «On Innovative Activities» denes innovations
as «newly created (applied) and (or) improved competitive technologies,
products or services, as well as organizational and technical solutions of a
production, administrative, commercial or other nature that signicantly
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Inna Kovalenko, Nataliia Bieliaieva, Igor Pidkaminnyi, Viktoriia Khmurova y Yevheniia Lohvynenko
Implementation of innovations in Ukraine during martial state
improve the structure and quality of production and (or) social sphere».
«Innovative activity» means activity aimed at the use and commercialization
of the results of scientic research and development and leads to the
release of new competitive goods and services to the market (On Innovative
Activity. Law Of Ukraine, 2002).
There is no doubt about the importance of a precise legal denition
of innovative activity, since whether a specic activity is recognized as
innovative depends on the application of a special regime of legal regulation
and the possibility of entities receiving state support.
In connection with the suciently widespread point of view about
the need for a broad understanding of the meaning of the concept of
«innovation», as a priority measure, there is a need to overcome the existing
legal uncertainty and rst in the new concept, and then in the relevant laws
to clearly prescribe the scope of application of this term.
The given analysis gives reasons to propose two ways. The rst – a
classic term – applies in the eld of economics. The second is broad, as an
innovation in any sphere of social and political life, not only in the economy.
Eective innovative activity is one of the priority directions of the state’s
development, it is a component of socio-economic and legal policy and is
aimed at stimulating intellectual activity, creating prerequisites for the
eective development of the state’s innovative system. Law is a tool for
regulating social, in particular, economic relations. The eectiveness of
law in regulating economic relations also depends on how fully it reects
the economic needs of society. This, in turn, makes it possible to form an
eective legal policy in the specied area.
State innovation policy mostly consists of various plans, strategies and
programs. This provision is explained by the fact that the legal regulation
of innovative activity is based on the modeling of future social relations,
rather than cementing already formed relations. The specied feature of
this type of legal relationship determines a closer connection between legal
regulation and legal policy in the eld of intellectual activity and innovation
(Malets, 2020).
Legal policy in the eld of innovation is proposed to be understood
as scientically based, consistent, systematic and coordinated work of
state structures and institutions of civil society, aimed at forming legal
prerequisites for eective innovative activity through the adoption of
relevant normative legal acts, building an eective law enforcement
mechanism in the eld of protection and protection intellectual property,
training of qualied personnel for work in the innovation eld.
The modern legal framework (laws, presidential decrees, by-laws in
the form of Government resolutions, orders of central executive bodies,
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 61-77
etc.) regarding scientic, technical and innovative activities includes an
extremely large number of documents.
Among them, the following groups can be distinguished: documents of
a program nature (strategies, concepts, programs) of the national, branch
and regional levels; laws of Ukraine, which provide for the competence
of local bodies of executive power and local self-government in the eld
of innovative activity; by-laws of the Cabinet of Ministers of Ukraine,
ministries and agencies, which regulate specic issues of implementation
of regional innovation projects, creation of local innovation infrastructure,
reporting, etc.; decisions and orders of local bodies of executive power and
local self-government in the eld of innovative activity (Shumilo, 2008).
The innovative process in the doctrine is dened as the process of
successive transformation of ideas into products, which passes the stage
of fundamental, applied research, design development, marketing,
production, sales, and commercialization. It is a set of scientic and
technical, technological and organizational changes, innovations, and its
main feature is the mandatory completion of innovations, that is, obtaining
a result suitable for practical implementation (Honcharenko, 2015).
The development of the national innovation system, i.e., «a set of
legislative, structural and functional components (institutions) that are
involved in the process of creating and applying scientic knowledge and
technologies and determine the legal, economic, organizational and social
conditions for ensuring the innovation process» (Decree Of The Cabinet
Of Ministers Of Ukraine No. 680-r, 2009), is an indisputable priority of
the state policy of modern countries in the conditions of development of
innovative economies and global technological competition.
It is this criterion that is key in the formation of global competitiveness
ratings (Resolution Of The Cabinet Of Ministers Of Ukraine No. 526-r,
2019), therefore, the legislative regulation of innovative activity planning
must be modern, perfect and mobile, corresponding to the dynamic
nature of innovations. We see the existence of a direct dependence of the
shortcomings of innovative development of Ukraine on the level of eciency
of state administration.
At the same time, modern scientists have repeatedly emphasized the
need to improve the national legislation regulating the implementation of
innovative activities. In particular, A. Yakovlev, analyzing ways to improve
the state of innovative activity in Ukraine, singles out the existence of a
number of problems in the legislative sphere, such as: lack of tax incentives
for innovation and investment activity, a system of preferential lending for
developers and distributors of innovations, insucient state insurance and
guarantees for investors (Yakovlev, 2018).
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Inna Kovalenko, Nataliia Bieliaieva, Igor Pidkaminnyi, Viktoriia Khmurova y Yevheniia Lohvynenko
Implementation of innovations in Ukraine during martial state
Sharing the position of the researcher, we note that the given list of
problems determines to a greater extent the prospect of introducing the
given directions at the legislative level. At the same time, it is no less urgent
to carry out a systematic analysis of the current Ukrainian legislation in
order to identify existing gaps and conicts in the legal regulation of the
development of the national innovation system.
In our opinion, it is necessary to clearly dene the state priorities of
innovative activity in Ukraine and to develop a comprehensive set of
measures for their promotion in order to build an innovative economy.
This emphasis is not accidental, because the determination of the legal,
economic and organizational foundations of the formation of a coherent
system of priority areas of innovative activity was laid down by the legislator
in the denition of the purpose of the Law of Ukraine «On priority areas of
innovative activity in Ukraine» (On Priority Areas Of Innovative Activity In
Ukraine, 2011).
The specied normative legal act is of particular importance for the
activation of innovative activity and the development of the national
innovation system, as it provides for measures to be implemented by the
state in priority areas of innovative activity, including mechanisms for direct
budget nancing, loans from the state budget, subventions, reimbursement
of interest rates for loans, etc.
Martial state is a special legal regime introduced in the country or in
some of its localities in case of armed aggression or threat of attack, danger
to state independence, its territorial integrity. Martial state provides for the
provision of the relevant state authorities, military command and local self-
government bodies with the powers necessary to avert a threat and ensure
national security, as well as a temporary, threat-induced, restriction of the
constitutional rights and freedoms of a person and a citizen, and the rights
and legitimate interests of legal entities, with the indication the validity
period of these restrictions (Levchuk, 2023).
On February 5, 2023, Law of Ukraine No. 2859-IX entered into force,
amending the laws of Ukraine «On priority areas of development of science
and technology» and «On priority areas of innovative activity in Ukraine»
regarding the extension of the priority areas approved by these laws for
2023.
Implementation of the act will make it possible to continue nancing in
2023 scientic research and scientic and technical developments started in
previous years, as well as make it possible to conduct competitive selections
of new research and scientic and technical developments in accordance
with the approved priority areas of development of science and technology
and innovative activities in Ukraine (On Priority Areas Of Development Of
Science And Technology, 2023).
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Art. 4 of the Law of Ukraine denes the following strategic priority areas
of innovative activity in Ukraine for 2011-2023: development of new energy
transportation technologies, implementation of energy-ecient, resource-
saving technologies, development of alternative energy sources; mastering
new technologies of high-tech development of the transport system, rocket
and space industry, aircraft and shipbuilding, weapons and military
equipment; development of new technologies for the production of materials,
their processing and joining, creation of the industry of nanomaterials and
nanotechnologies; technological renewal and development of the agro-
industrial complex; introduction of new technologies and equipment for
high-quality medical care, treatment, pharmaceuticals; wide application
of cleaner production and environmental protection technologies;
development of modern information, communication technologies,
robotics (On Priority Areas Of Innovative Activity In Ukraine, 2011).
At the legislative level, two types of priority directions of innovative
activity in Ukraine, which have a dialectical connection, have been
introduced. According to Art. 2 of the Law, the priority areas of innovative
activity in Ukraine are divided into strategic, i.e., those determined for a
period of up to 10 years, and medium-term, i.e., those determined for a
period of up to 5 years (On Priority Areas Of Innovative Activity In Ukraine,
2011).
As we can see, the current mechanism of legislative regulation of the
formation and determination of priority areas of innovative activity
provides for consistent actions of authorized public authorities. It is, in
particular, about the development of proposals with the involvement of the
scientic community, their approval in the form of draft normative acts and
the approval of these acts by public authorities within the limits of their
competence within the prescribed time limits.
As stated in Part 2 of Art. 3 of Law No. 3715-VI, the preparation of
proposals regarding strategic priority areas and their predictive and
analytical justication should be carried out with the involvement of the
National Academy of Sciences of Ukraine, national branch academies of
sciences of Ukraine, higher educational institutions and scientic research
institutes within the framework of state target programs of scientic and
technical forecasting and innovative development of Ukraine in accordance
with the laws of Ukraine «On priority areas of development of science and
technology» (On The Priority Directions Of Innovation Activity In Ukraine,
2011) and «On state targeted programs» (On State Target Programs, 2004).
Also in Art. 4 of the Law of Ukraine «On Priority Areas of Development of
Science and Technology» states that such a state target program is developed
and implemented by the Government on the basis of the recommendations
of the National Council of Ukraine on Science and Technology Development
with the involvement of the National Academy of Sciences of Ukraine,
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Inna Kovalenko, Nataliia Bieliaieva, Igor Pidkaminnyi, Viktoriia Khmurova y Yevheniia Lohvynenko
Implementation of innovations in Ukraine during martial state
national branch academies of sciences, central executive bodies authorities
in accordance with the Law of Ukraine «On State Targeted Programs» (On
Priority Directions Of Science And Technology Development In Ukraine,
2001).
Therefore, the analysis of the above-mentioned normative legal acts leads
to the conclusion that the Government must submit to the Parliament for
each of the strategic priority areas of innovative activity: the justication of
the need to adopt the priority area, the expected results and their impact on
the economy of Ukraine; assessment of the scientic and technical potential
and scientic schools that will be involved in the implementation of the
priority direction, assessment of existing objects of intellectual property
law and scientic results that will be the basis for the implementation of
the priority direction; proposals for priority thematic directions of scientic
research and scientic and technical developments, identication of
specialists and basic scientic institutions that should provide scientic and
technical support of the priority direction; the concept of implementation
of the priority direction and the assessment of nancial, material and
technical resources that must be involved for its implementation (On The
Priority Directions Of Innovation Activity In Ukraine, 2011).
We believe that, on the one hand, this order of development of priority
areas of innovative activity contributes to the systematic processing of
relevant proposals, and on the other hand, the mechanism of legislative
determination of these areas, which involves multi-stage preparation
and levels of coordination, is extremely complex and bureaucratically
overloaded, which causes the appearance of other problems of legislative
regulation of the specied area. In particular, he caused a violation of the
procedure and deadlines for the formation of priority areas of innovative
activity for the period after 2021.
A separate problem of legislative regulation of priority areas of
innovative activity is the current lack of a state target program in Ukraine
that would determine the most promising directions, options and measures
for the development of scientic, technological and innovative activities in
Ukraine. This, in turn, makes it impossible to obtain budget funding for
the development of relevant priority areas due to the application of the
program method.
Therefore, we consider it necessary for the Ministry of Education
and Science to quickly develop and approve the State target program for
forecasting the scientic, technological and innovative development of
Ukraine for 2023-2032, which will contribute to the formation of nancial
opportunities for the development of the national innovation system.
Another problem of the legislative regulation of priority areas of
innovative activity is the internal inconsistency of regulatory acts, in
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particular, the inconsistency of the content of the Procedure for the
formation, examination and discussion of priority areas of innovative
activity (Resolution of the Cabinet of Ministers of Ukraine, No. 1094, 2003)
with the provisions of the Law of Ukraine «On Priority Areas of Innovative
Activity in Ukraine» (On The Priority Directions Of Innovation Activity In
Ukraine, 2011).
The specied Procedure was adopted to implement the previous Law of
Ukraine «On Priority Areas of Innovative Activity in Ukraine» No. 433-IV
dated January 16, 2003, which became invalid due to the adoption of the
current Law dated September 8, 2011. However, the updated Procedure in
accordance with the requirements of Part 3 of Art. 3 of the Law was never
approved.
In the project «Strategies for the development of high-tech industries
until 2025» of the Cabinet of Ministers of Ukraine from 2016, the purpose
of which is the formation of a new model of economic development –
an innovative economy, increasing technological eciency, increasing
competitiveness and increasing the eciency of existing production, it is
noted as one of the main components «the need systematic combination
of science and production» and «operational implementation, use and
commercialization of the results of scientic activity» (On the approval of
the strategy for the development of high-tech industries until 2025 and the
approval of the plan of measures for its implementation. Draft order of the
Cabinet of Ministers of Ukraine, 2016).
Thus, taking into account the fact that the development of innovative
activity in the world is considered as the most important and irreplaceable
resource in ensuring the sustainable development of modern society,
ensuring the competitiveness and economic security of countries, innovative
activity in Ukraine should also ensure the production of a high-quality
scientic product aimed at solving development problems countries taking
into account the challenges of global problems of humanity. We share the
point of view of some scientists that innovative activity should be focused
on the practical use of its results in various spheres of life in modern society,
taking into account the demands of business, ensuring high-quality training
of personnel with appropriate qualications (Haustova and Reshetnyak,
2019).
Approved on 10.07.2019, the «Strategy for the development of the
sphere of innovative activity for the period until 2030» is fundamental
and multifaceted, and its attachment to budget funding casts doubt on the
realism of most of its provisions. That is why the «Concept of Improving
the System of Innovative Law», which is small in scope and subject of legal
regulation, which should fulll the role of a perspective plan in the process
of systematizing the current legislation, inspires more condence.
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Implementation of innovations in Ukraine during martial state
The introduction of martial state in Ukraine proved the need to receive
services remotely, which is associated with convenience and comfort, safety
and security of the lives of both customers and employees of companies
and institutions. The use of such innovative technologies as blockchain,
crowdfunding, sharing, articial intelligence, cloud technologies, etc., is the
key to eective implementation and successful functioning of the remote
customer service system. They provide an opportunity to bring the quality
of service provision to a new level and simplify interaction with consumers
(Romanovska and Skladanyuk, 2022).
At the same time, the absence of a denition of freelancing in national
legislation, which is often equated with remote work, causes numerous
disputes in the understanding and legal regulation of related relations. Yes,
in accordance with the changes made to the Code of Labor Laws by the
Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine
Regarding the Improvement of Legal Regulation of Remote, Homework and
Work Using Flexible Working Hours», Remote and Homework the work is
performed by an employee outside the workplace or production premises.
At the same time, a remote worker independently chooses a workplace,
creates safe and harmless working conditions and uses information and
communication technologies, while a home worker performs work at his
place of residence or in another xed premises and uses technical means to
produce products or provide services, while the employer is responsible for
proper and safe working conditions (On Amendments To Certain Legislative
Acts Of Ukraine On Improving The Legal Regulation Of Remote, Home-
Based Work And Work Using Flexible Working Hours, 2021).
A typical example of conceptual uncertainty in Ukraine in the innovation
sphere and related issues is the Law of Ukraine «On Stimulating the
Development of the Digital Economy in Ukraine» (On Stimulating The
Development Of The Digital Economy In Ukraine, 2021), the concept of
which is to stimulate the development of the digital economy in Ukraine
by creating favorable conditions for the development of innovative
and technological business, attracting investments, building digital
infrastructure and attracting talented employees.
In fact, the specied normative legal document is a rather meaningful
attempt to create a certain virtual free economic zone with simplied rules
for conducting business in the eld of information technologies, but there
is no question at all about the digitalization of certain areas of the national
economy.
Also, the project of the Law of Ukraine «On support and development
of innovative activity» proposed by the Ministry of Education and Science
of Ukraine dated 13.10.2021 proposed: to improve legislative regulation
in the eld of innovative activity; to update the institutional structure
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 61-77
of management in the eld of innovative activity; remove bureaucratic
restrictions during the state registration of innovative projects; determine
the goal and objectives of the state policy in the eld of innovative activity;
create favorable conditions for the implementation of innovative activities;
to update the list of forms of state support for innovative activity and the
conditions for its provision; identify providers of state support; stimulate
an increase in the volume of implemented innovative products, the number
of introduced new technological processes and new types of products;
promote the development of the state’s innovative potential and increase
the competitiveness of the economy, ensure the implementation of modern
innovative environmentally friendly, safe, energy- and resource-saving
technologies, the production and sale of innovative products (Public
discussion: draft law on the support and development of innovative
activities, 2021).
Analysis of the content of the draft Law of Ukraine «On Support and
Development of Innovative Activities» indicates that it has shortcomings
and needs to be revised and improved. In particular, in our opinion, its
provisions should contain specic economic and legal measures of state
stimulation of innovative activity, such as the provision of state support to
subjects of innovative activity (for a period of at least ve years) that will
implement innovative projects in the form of tax exemption on the prot of
enterprises and value added tax.
In general, we consider it indisputable that in the sphere of state
interests, the adoption of the corresponding updated regulatory legal act
will allow organizing a systematic approach to the formation of policy in
the eld of innovation activity and ensure the development and eective
interaction of the elements of the national innovation ecosystem, which can
become a driver of accelerated economic growth.
Conclusions
The study of current problems of legislative regulation of priority
areas of innovative activity in Ukraine proved the presence of a number
of problems related to both the content of legislative norms and their
proper implementation: insucient terminological clarity in revealing the
meaning of the concept of «innovation»; overburdening the system of legal
regulation with normative acts of a doctrinal nature and local normative
acts; their inconsistency with individual provisions of special laws as well
as individual prescriptions among themselves; the absence of a state target
program that would determine the most promising directions, options and
measures for the development of scientic, technological and innovative
activities in Ukraine.
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Inna Kovalenko, Nataliia Bieliaieva, Igor Pidkaminnyi, Viktoriia Khmurova y Yevheniia Lohvynenko
Implementation of innovations in Ukraine during martial state
The mechanism of legislative determination of strategic directions of
innovative activity in Ukraine, which involves multi-stage preparation
and degrees of coordination, is extremely complex and overloaded, which
causes the appearance of other problems of legislative regulation of the
studied area. It is necessary for the Ministry of Education and Science to
quickly develop and approve the State target program for forecasting the
scientic, technological and innovative development of Ukraine for 2023-
2032, which will contribute to the formation of nancial opportunities for
the development of the national innovation system.
The risks of dening inappropriate strategic priority areas of innovative
activity that have lost their relevance in the world. Ignoring the above
risks, lack of prompt response and coordinated interaction of central
executive authorities with the scientic community, responsible work of the
Government and Parliament in conditions complicated by the war can lead
to untargeted spending of state and local budgets.
Simplication of review and agreement procedures will help increase the
level of innovative development of Ukraine and its competitiveness in the
world; aligning the content of legislative acts regulating the determination
of priority areas of innovative activity, and the operational development
of a state target program that would determine the most promising areas,
options and measures for the development of scientic, technological and
innovative activities in Ukraine.
Increasing requirements for the scientic and technical development
of Ukraine to ensure its sustainable development, economic security and
competitiveness in the conditions of modern global challenges, as well
as the presence of a large number of problems in the development of
innovative activity require the development of a unied national strategy
for its development, which will allow clearly dening the goals and priorities
of innovative activity, as well as resources, implementation and control
mechanisms, etc.
State strategies and programs for the development of innovations should
be based on a perspective legal policy in this eld, determine development
goals and priorities, stimulate the development and implementation
of innovative technologies, which, among other things, requires the
development of an appropriate categorical apparatus, in particular such
concepts as «innovation», «innovative activity», «innovation policy» and
others.
Among the priority measures of innovative activity should be the
development and approval at the state level of the «Strategic Plan for
overcoming the economic crisis in Ukraine for 2023-2025», which will be
based on the provisions of the «National Economic Strategy-2030, taking
into account the war and post-war situation in the country and provide for:
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denition priority industries of priority development; the list of enterprises
of priority nancing and creation of favorable conditions for international
investors; measures to activate the privatization process; ensuring the
operation of the principle of freedom of business in combination with
mechanisms of preferential taxation of priority development vectors;
economically justied (nancial) compensators for the costs of industry,
small and medium-sized businesses for wartime requirements. Only such a
comprehensive approach will make it possible to realize the achievements
of economic and legal science and lay the foundation for increasing the
eciency of innovative activity in Ukraine.
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79
