Normative-legal regulation of innovative activity. Legal regulation of innovation activity Legal acts regulating innovation activity

The regulation of innovation processes is predetermined by their increased weight in the economy and the development of society. Any innovative activity is based on the search for new ideas and their evaluation, necessary resources, creation and management of an economic entity, income generation and satisfaction with the result of innovation.

Legal insecurity of innovation processes leads to a weakening of interest in innovation, an increase in the risks associated with these processes, which determines the field of innovation as not attractive and developing enough.

The importance of legal regulation in the field of innovation processes was noted by N.A. Divuyeva. in the article “Issues of legal regulation innovation activities regarding the management of the selection of projects in the field of science”, which states that “the legal framework for innovation should ensure the policy pursued by the state in this area. The main instrument of this policy are federal laws, presidential decrees Russian Federation, resolutions and orders of the Government of the Russian Federation".

One of the effective moments is the creation of new industries, the emergence of industries, which leads to an increase in the image of the economy and the state as a whole.

The policy of the Russian Federation in terms of innovation processes, development of the innovation system is determined by public-private partnership and is aimed at effective innovation activity. The public-private partnership model is based on the pooling of resources and the distribution of risks, based on agreements with partners.

State innovation policy in industrial developed countries is aimed at the favorable impact and support of the economic climate, the relationship of innovation processes, production, education.

The role of the state is reduced to the development of a science and technology policy strategy, including:

Optimization of legislative acts related to patent rights: creation of laws on compliance with product quality, consumer protection, antitrust laws;

Improving legislation in the field of indirect measures affecting innovation processes (targeted tax and depreciation policy).

Significant importance in the normative - legal regulation should be given to the issues of financing. Considering the financing of scientific developments in the leading countries, it can be noted that the state finances up to half or more of the costs of research work. Reimbursement of costs can occur through concessional lending. Concessional innovative lending provides financial support for innovative activities, providing for the provision of soft loans, grants or compensation of bank interest (in whole or in part) in the event that a loan is directed to finance investments in innovative processes.

The state invests in innovation in fundamental research conducted in state laboratories; serious attention is paid to long-term projects in the field of private entrepreneurship. Investment is carried out in the form budget appropriations for certain projects (application of program-targeted contract financing) .

Program-targeted financing involves systemic allocation monetary resources for long-term programs, the direction of which is determined by the decision of social economic tasks. The effective functioning of this mechanism is predetermined by the following principles: unity of approaches to the formation of funds for financing the innovation program; optimal distribution of resources in various areas of innovation processes; adaptive flexibility in the implementation of the program of innovative processes.

Contract financing is an allocation Money secured by rights - claims under contracts.

Normative - legal support should be aimed at regulating the innovation cycle, which is the transformation of scientific knowledge into innovation. Each stage of the innovation cycle requires a legislative approach, as it includes the emergence of an idea, fundamental and applied research, the development of industrial designs, the commercialization of innovative ideas, the production and sale of innovative products. Each stage carries certain relations that need legal regulation. So, we can conclude that the regulatory - legal impact should focus on the regulation of the following points:

1. In the process of the emergence of an idea;

2. In the process of transforming an idea into a material - material innovation;

3. In the process of transferring the right to use the scientific result.

Structurally - the legal mechanism of innovation activity can be represented by two interrelated legal blocks. The first block includes norms that ensure a clear organization of relations in the field of innovation, the effectiveness of their application in accordance with the needs of society. The second block will combine the norms of innovation process management.

Most important aspect, deserving special attention, occupy the positions of intellectual property protection - a set of copyright and other rights to the results of innovative activity, protected by state legislative acts.

The legal security of innovation processes should be built on the creation of conditions that encourage the development and implementation of innovations, increase the demand for an innovative product.

The system of regulatory legal regulation of innovation in the Russian Federation consists of a whole range of regulatory legal acts.

The levels of legal regulation are presented in Figure 1.

Regulatory - legal factors state regulation innovation activities are: the legal basis for the relationship between the subjects of innovation, the guarantee of rights and the maintenance of the interests of the subjects of innovation.

The regulation of innovation activity is carried out through the application of the norms of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, and international treaties.

Figure 1 - Levels of legal regulation in the Russian Federation

Innovation processes at the level of the constituent entities of the Russian Federation are considered from the point of view of stimulating, financing, and supporting innovation processes. State authorities of the constituent entities of the Russian Federation develop regional and interregional innovation programs, adopt regulations that regulate certain issues of innovation activity. Regulatory - legal regulation innovation processes at the regional level should be based on a system of unity of goals, regulatory tasks, parallelism of other legal acts.

The set of actions of the regulatory and legal regulation of innovation at the regional level should be predetermined by the following specifics:

Features of the region, the development of production, the powers of the authorities, sources of funding;

Interactions between state authorities of the Russian Federation, representatives of institutions of science and higher education, representatives of business and public organizations;

The possibility of developing and applying programs in the field of innovation development. Tracking of highly qualified specialists - performers, responsible persons for the progress of work.

Considering by-laws, the following features can be noted: firstly, these documents are issued in accordance with the law; secondly, they regulate certain specific aspects of social relations.

Acts of local regulation play a significant role in the revitalization of innovative activity. Local acts are adopted by the subject that performs them, determining the ability to respond flexibly to the changing conditions of innovation processes.

Having paid attention to the issues of legal regulation of innovation processes, we can conclude that the area of ​​development, systematization and development of innovation legislation should be aimed at ensuring:

1. The development of fundamental science, applied research, the system for the formation of long-term forecasting, the allocation of priorities for scientific, technical and innovative activities. In the letter of the President of the Russian Federation No. Pr-576, the strategic component of the development of society is fundamental science, the result of which is economic growth, sustainable development of the state, which is ensured by:

State support for fundamental, social and humanitarian research;

Preservation and support of scientific and scientific - technical schools;

Development of research, design, experimental - experimental base;

Improving the information infrastructure;

2. Increasing the efficiency of using the results of scientific and scientific - technical activities. Involvement in the economic turnover of the results of innovative processes and increasing the adaptive capacity of the implemented innovations should be based on:

On the creation of a system for recording informative data on scientific research and scientific and technical activities;

State incentives for the creation, legal protection, protection and use of the results of scientific and scientific and technical activities;

Normative - legal regulation of the mechanisms for transferring to developers, investors, economic entities the rights to the results of scientific and scientific - technical activities when they are introduced into economic circulation;

Strengthening the procedure for accounting, inventory, depreciation and taxation of intellectual property;

3. Formation of markets for the consumption of scientific and technical products (creation of a system of state orders, stimulation of investments in the innovation sphere). The system of state orders should be built on the effective provision of a result that best meets the expectations of the customer, the full satisfaction of social needs, given the existing financial and production constraints. The development of mechanisms for stimulating factors for investing in the innovation sphere should be based on organizational and legal mechanisms that facilitate the attraction of funds from Russian and foreign structures to finance innovation processes, taking into account the introduction of existing state guarantees, risk insurance, minimizing the risks and losses of investors;

4. Protection of the results of intellectual activity (RIA). Ensuring the protection of the results of intellectual activity by state registration exclusive right to RIA activate innovations, stimulate authors, creative teams, protect results from unauthorized use innovation process third parties. In the Russian Federation, the issues of legal protection and protection of intellectual property are regulated by international treaties, the Civil Code of the Russian Federation, agreements, regulatory legal acts;

5. Improving the mechanisms of public-private partnership in the innovation sphere and regulating the interaction between participants in the innovation process. The effective functioning of innovation systems is typical in the case of close interaction between the state and the business community, scientific and educational institutions, and the relationship between enterprises. The partnership between the private and public sectors of the economy highlights the key components of the new innovation policy, since with proper organization provide additional benefits from investing in public research;

6. Development of personnel potential of scientific - technical and innovative complexes. The presence of competent, highly qualified personnel allows for the professional development and implementation of innovation from the idea stage to commercialization. The success of the work of human resources is possible in the context of the coordination of actions of management bodies, educational institutions, representatives of business, developed social infrastructure. The possibility of applying professional skills, the interest of the younger generation in the formation of an innovative society is put forward.

7.Borrowing experience foreign countries in promoting innovation processes. The experience of foreign countries shows that the central place in innovation processes is given to the creation of conditions for preferential lending and taxation, insurance, and the protection of industrial and intellectual property. Particular attention is paid to the development of technopark structures, the main task of which is to provide a variety of services and create the most favorable for innovative enterprises conditions by combining the efforts of educational institutions, research centers, enterprises. Legislative norms in Western countries secure the rights of inventors to receive "innovation rent" - payment for the use of an invention, which activates the creation of innovations. One of the main issues is funding. innovative solutions. To stimulate investment processes in innovative technologies the tax for newly entering the market of enterprises operating in this area is reduced.

Innovative development of the country's economy is regulated from the point of view of law, regulation occurs between the relationship between the subjects of innovation and other participants in the innovation process. Legal regulation of innovation activities involves:

• establishing legal regulations relationships of subjects;
• protection of the rights and interests of subjects, for example, copyrights;
• protection of the rights of possession, use and disposal of the results of scientific and technical activities of an innovative nature;
• protection of industrial and intellectual property
• conclusion of contracts in the field of research, development and technological works, projects and surveys, for the provision of services for the development of innovative activities;
• conclusion of contracts with investors.

The first legal acts in the field of innovation date back to the 1990s. At that time, lawyers in Russia had little idea of ​​the content and forms of this type of activity. The planned economy had other forms of organization and implementation of inventions and innovations. Research work was a continuation of scientific and technical activities and was a function of the state. Innovation activity is entrepreneurial. Therefore, in the 1990s, the rules governing science and scientific activity and rules governing business activities.

As time passed, it became clear that innovation activity has a clearly defined specificity, therefore, it is necessary to special laws and by-laws.

Today, it is impossible to talk about a well-formed, consistent regulatory framework in the field of innovation in Russia.

Because the systems approach to the formation of a regulatory framework in innovation activity is absent, the development of innovation activity itself is hampered. The subjects of the Russian Federation are trying to accept legal documents at the regional level and eliminate this shortcoming.

The complexity of developing a regulatory framework depends on several reasons, including different interpretations of the concepts of "innovation", "innovation activity", "state innovation policy".

Legal research in the field of innovation is not as broad as economic research. Indeed, the topic of innovation has economic roots, and the topic was developed for the most part by economists. But recently, scientists have come to the conclusion that it is necessary to study innovations comprehensively, including from a legal point of view.

Remark 1

Lawyers point out that it is necessary to create a clear mechanism for the legal regulation of innovation as one of the main elements of economic reforms.

So far, there is no topic of innovation in the modern legal doctrine, so the law is forced to solve the situations that have arisen, relying on the existing legal framework.

Remark 2

The economy is called upon to form a system of knowledge regarding the essence of innovation as an economic phenomenon. Jurisprudence should comprehend innovative activity from the point of view of jurisprudence.

In the legislation of the Russian Federation there are a large number of disparate legal acts regulating innovation activity in one way or another. Often they contradict each other. It is necessary to streamline legal acts, one of the ways is to systematize legislation. Every year, about 2,000 legal acts are adopted in Russia, half of them have an innovative theme. That is, the NPA array is huge, and to find desired document concerning this or that side of innovation is quite difficult, and it is even more so to study this document in conjunction with other rules of law. Only the systematization of laws, prepared by lawyers and jurists, can facilitate the work.

Remark 3

It is necessary to conduct a detailed analysis of legal acts related to innovations, to bring them together and to objectively assess the reasons for the lack of effectiveness of existing legal mechanisms, to identify and eliminate problem areas in legislation.

Work on the formation of a systematized regulatory framework is underway; in addition, in recent years, a number of significant documents that relate to the innovation sphere and the regulation of relations between subjects in it. A huge role in this matter is assigned to regional authorities.

Legal regulation of issues of civil law and intellectual property is exclusively within the jurisdiction of the Russian Federation, since these are important public relations and all subjects are interested in them, therefore, a single legal space is needed in the field of civil law regulation throughout the territory of the Russian Federation.

In other states, the legislation on intellectual property, patent service is centralized, since a single legal regulation serves the interests of the individual and the state as a whole.

Legal regulation of relations in the field of intellectual property at the federal level serves to preserve and increase the country's intellectual potential, prevent its leakage abroad, and use it effectively.

Remark 4

Subjects in their NLAs should also deal with innovation topics. Regional authorities take an active part in the legal regulation of innovation activities and in building a systematic local legislative framework.

Tasks of legislation in the field of innovation

Tasks in the field of development and systematization of innovative legislation:

• to develop science, developments of an applied nature, to form a system of long-term forecasting of the development of leading areas of science, innovative technologies;
• effectively use the results of innovations, form markets for the consumption of scientific and technical products;
• create a government system orders, attract investment in innovation;
• ensure the legal security of the results of intellectual activity;
• create and improve the mechanisms of public and private partnership, regulate the innovation process;
• preserve and form the personnel potential of the innovation complex;
• to raise the prestige of scientific, scientific-technical, educational and innovative activities;
• create a financial platform for the development of innovations, develop federal and interregional development funds, integrate state support and support for the business sector of the economy into this area;
• regulate cooperation in the field of science, technology, innovation through participation in international scientific organizations, creation of scientific and production structures, promotion of domestic scientific products to the world market.

The basic documents of the legal regulation of innovation activity in Russia are the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law and other regulatory legal acts of the Russian Federation and subjects, as well as international treaties of the Russian Federation. The legal framework can be systematized in five areas:

• Declarative acts: concepts, programs, doctrines, documents that define the goals of the state. politicians;
• Decrees, laws, resolutions, orders that define the functions of bodies, organizations, funds in the field of innovation;
• Government orders that approve development plans for the short and long term. These documents contain the main provisions of the concepts for reforming the scientific industry, introducing innovations in the economy, as well as measures to stimulate innovation;
• Regulations regulating the status innovation zones: science cities, academic campuses, etc.;
• Laws of the regions in the field of innovation.

The main regulatory acts in the field of development of innovative activity are presented below:

Picture 1. Basic regulations governing relations and principles for the development of innovation activities in the Russian Federation

The main role in the regulation of innovation activity belongs to strategic federal documents. First of all, these are the concepts and strategies for the development of the country, for example, the Concept of long-term socio-economic development of Russia for the period up to 2020 and further perspective, Long-term forecast of scientific and technological development of the Russian Federation for the period up to 2025

In order to develop the processes associated with innovation, it is necessary to regulate the financing of R&D. Legal acts related to the financing of scientific research, experimental development are presented below:

Figure 2. Basic regulations governing relations in the field of financing scientific research and experimental development

The need to adopt an expanded federal law on innovation

If we analyze all the existing legal acts in the field of innovation, we can conclude that a significant number of legal acts affect this area, but there is no single agreed-upon legislative framework. Work to improve the legal framework in this moment carried out intensively. In this regard, there are two main tasks that legislators need to solve in the very near future:

• streamlining the current legislation of the federal and regional levels;
• adoption of an expanded special federal law regulating innovations in the Russian Federation, taking into account the analysis of existing legislation and laws of other countries, as well as law enforcement practice.

The incorporation of the norms of international law into the legislation of the Russian Federation is one of the ways to harmonize the norms of international and national law.

When passing a law, the following provisions must be reflected:

• principles of innovation activity;
• item;
• subjects of legal regulation of innovative relations;
• the place of the law in the system of current legislation;
• sources of financing;
• government measures. support;
• the basics of stimulating creativity and innovative activity;
• legal responsibility of subjects for violation of exclusive rights.

The innovation area is included in economic system, which means that the methods of legal regulation are the same. But the composition of subject and object relations in the innovation sphere has its own characteristics, so it turned out to be insufficient civil law norms that exist and relate to the institution of intellectual property, property and non-property rights. There was also a lack of forms of contracts on the procedure for conducting experimental design and research work.

Participants in the innovation process need an effective legal mechanism that would formalize relations between subjects and other participants in the economic market.

The whole set of legal norms relating to innovation should form the legal environment for innovative entrepreneurship. Innovative legislation should be classified as a complex legal branch, as it incorporates elements of different branches of law.

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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 the implementation of 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 related additional scientific developments.

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 benefits in competition, 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 own funds 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, R&D spending from all sources (private companies, government, higher educational establishments, non-governmental organizations) were 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 small enterprises in the field of material production and 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.

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General characteristics of innovation activity

Innovative activity in a general sense should be understood as activities directly related to the creation and use of an intellectual product, bringing new original ideas prior to their implementation as finished products. As a rule, it is focused on the transformation of the results of scientific activity.

Definition 1

Innovation activity is a process focused on the practical implementation of the results of completed scientific research and development, as well as other achievements of a scientific and practical nature in the form of new or improved products or processes introduced to the market, as well as additional scientific developments related to them. The central link of innovation activity is the development, planning and implementation of innovations.

Innovation is end result innovative activity and is a new or improved product, marketed, technology or process used in practice. Simply put, this is an innovation that is actually used in practice and is in demand by the market, that is, commercialized.

The main features of innovation activity are:

• independence;
• risky nature;
• Profit orientation, especially in the long run.

Making a profit, in turn, is possible only in cases where final product innovations implemented in the market, and its value directly depends on its quality.

Fundamentals of legal regulation of innovation activity

The implementation of innovation activity, its boundaries, rules of organization and protection are regulated at the level of current legislation. The sources of its legal regulation are regulations having different legal force and industry affiliation. IN general view the basics of legal regulation of innovation activities are presented in Figure 1.

Figure 1. Fundamentals of legal regulation of innovation activity. Author24 - online exchange of student papers

The foundations of the legal regulation of innovation activity are consolidated in the current regulatory framework. The legal framework is the whole set of legislative and by-laws that regulate certain aspects and issues of implementation of innovative activities. Its observance ensures law enforcement practice. In case of violation of the established rights, the subjects of innovative activity apply for their protection to the judicial authorities.

The mechanism of legal regulation of innovation activities is shown in Figure 2. Let's consider it in more detail.

Figure 2. Mechanism of legal regulation of innovation activity. Author24 - online exchange of student papers

The regulatory framework for innovation activity forms legal basis its implementation. Current Laws, by-laws and regulations form the presence of certain rights and obligations among the participants in innovative activities. In the process of implementation of innovative activities, their implementation is ensured. Violation of the rights and obligations of participants in innovative activities entails appropriate regulatory and legal consequences.

Legislative framework for regulatory and legal regulation of innovation activities

The system of sources of regulatory and legal regulation of the sphere of innovation is formed on the basis of laws, by-laws, regulations of a program and declarative nature. The latter, in turn, include concepts, strategies and development programs.

The basis of the legal regulation of innovation activity is the Constitution and Civil Code RF. The primary base of civil legislation is formed on the basis of the Constitution. Civil law includes:

• intellectual property laws;
• copyright laws;
• patent law.

Legal protection of the results of innovation activities is provided through the state registration of intellectual property rights to new inventions and technologies in the relevant committees on patents and trademarks.

Separate elements of the legal regulation of innovation activities are reflected in the law "On the development of small and medium-sized businesses in Russia". In particular, the law provides for the need to provide small and medium-sized businesses involved in innovation activities with state support.

State support for innovation activities, issues of its organization and provision are enshrined in the relevant federal law "On Science and State Scientific Policy".

State support for innovation activity is a set of measures implemented by public authorities and aimed at creating necessary conditions legal, economic and organizational nature, as well as incentives for individuals and legal entities who carry out innovative activities.

Remark 1

The main goal of providing such support is considered to be the modernization of the Russian economy, ensuring the competitiveness of domestic goods and services, as well as a general improvement in the quality of life of the population.

Despite the presence of certain legal mechanisms for regulating innovation activity, the legislative system in this direction has not yet been fully formed. There are no special rules of law that provide and regulate innovative development small innovative enterprises. At the legislative level, the circle of persons participating in the innovation process is not established. Not regulated financial questions ensuring the development and implementation of innovative projects.

Innovative activity in our country does not yet have proper legal regulation. There is no unified federal legislative act that defines the concept, types of innovations, the procedure for implementing innovative activities. the federal law dated August 23, 1996 No. 127-FZ "On Science and Scientific and Technical Policy" regulates relations between subjects of scientific and (or) scientific and technical activities, public authorities and consumers of scientific and (or) scientific and technical products (works, services). The law defines legal status subjects of scientific and (or) scientific and technical activity, the principles of its regulation, the formation and implementation of the state scientific and technical policy.

Moscow has the Law of the City of Moscow dated July 7, 2004 No. 45 “On Innovation Activity in the City of Moscow”2 (hereinafter referred to as the Law on Innovation Activity of Moscow).

The Law on Innovation Activities of Moscow regulates innovation activities in the city of Moscow, establishes the procedure for the formation, approval and implementation of the innovation policy of the state authorities of the city of Moscow in order to ensure sustainable development the economy of the city of Moscow through the transition to an innovative development path based on the adopted priorities.

The legal basis of the innovation process is also the legislation in the field of intellectual property. In accordance with paragraph "o" Art. 71 of the Constitution of the Russian Federation, the legal regulation of intellectual property is under the jurisdiction of the Russian Federation.

Adopted special laws defining the legal regime of inventions, utility models, industrial designs3, computer programs and databases, topologies integrated circuits, trademarks, service marks and appellations of origin6, trade secrets.

At the same time, special legislation in this area has yet to be developed, since the legal regime of some objects is formulated only in the form general concepts general law (company name) or not defined at all Russian legislation(discoveries, rationalization proposals).

by-laws different levels certain aspects of innovation activity are regulated. Thus, the Decree of the Government of the Russian Federation dated November 30, 2001 No. 1607-r approved the Main Directions for the Implementation public policy on involvement in the economic turnover of the results of scientific and technical activities1. This act was adopted in pursuance of Decree of the President of the Russian Federation of July 22, 1998 No. 8632.

Decree of the Government of the Russian Federation of January 14, 2002 No. 7 approved the Regulation on the inventory of rights to the results of scientific and technical activities.

Decree Federal Service state statistics dated July 19, 2004 No. 31, the form of the state federal statistical observation No. 4-innovation "Information on the innovative activity of the organization" was approved.

In addition, these relations are regulated by international treaties and agreements (the Paris Convention for the Protection of Industrial Property, the Eurasian Patent Convention, etc.).

It should be borne in mind that the legislator differently resolved the issue of the moment of occurrence and the grounds for the protection of intellectual property objects and means of individualization equated to them in the legal regime. Exist three systems of legal protection:

1. a registration system that operates in relation to those objects in which the content element of creativity is put forward in the first place: inventions, utility models, industrial designs, trade names, trademarks, etc. Since this is not a unique result of creativity and it can be repeated, then for the emergence legal protection requires formalization. To consolidate the right to such objects, it is necessary to conduct an examination, issue a special act government agency(register), issue a title document (patent, certificate);
2. a creative system, which consists in the fact that the right to these objects arises by virtue of the very fact of their creation, giving an objective form, and legal protection - from the moment of creation. This system applies to objects of copyright;
3. a system of confidentiality, in which the basis for protection is the fact of keeping the object secret and protecting it from unlawful interference by third parties. Such a system is used, for example, to protect know-how. "Know-how" refers to unprotected security documents and unpublished (in whole or in part) technical, organizational or commercial information, which constitutes a production secret and the owner of which has the right to protection against illegal use of this information by third parties.

The situation is more complicated with the legal regulation of the transfer, introduction of innovations to obtain a new or improved product, work, service. As already noted, there is no unified federal legislative act in this area yet. At the same time, there is a docking of the legal regulation of innovation activity with civil law, since in the stage of exercising exclusive rights, civil law relations turn into commercial area. Relationships arising in connection with the creation and use of innovations in entrepreneurial activity are mediated by various agreements.