CC BY
1
Cherkasova Y. V. undergraduate student of the 1st course Institute of Service and Business (branch) of Don State Technical
University Russia, Shachty Gogoleva M.A., Ph.D Associate Professor of the Department of Foreign Languages Institute of Service and Business (branch) of Don State Technical
University Russia, Shachty
EFFECTIVE MECHANISMS OF INNOVATIVE DEVELOPMENT OF
RUSSIAN ECONOMY
Annotation.
The article deals with possible new approaches to the organization of the use of technological innovations, improvement mechanism of interaction between science, business and government, increase of knowledge-intensive production. The role of small innovative enterprises in the sustainable development of the domestic economy is shown. Scenarios of realization of educational institutions, their intellectual potential in the form of small innovative enterprises are analyzed.
Key words: innovative development, sustainable development, local economy, small innovative enterprise, an effective mechanism of interaction.
By 2020 in the Russian economy a change of leader growth is expected. The potential contribution to the acceleration of GDP of high-tech products and the knowledge economy in the 2014-2017 can be leveled with the contribution of traditional sectors and exceed the weight of the contribution of the oil and gas industry. By 2020, the share of oil and gas complex in the structure of GDP will be reduced to 10-12% (from 18.7% in 2007), and the contribution of the sector of the knowledge economy and high technology will increase to 17% -19% (from 10.9% in 2007) [1].
The creation, implementation and wide dissemination of new products, services, and processes have become key factors in the growth of volumes of output, employment, investment, foreign trade turnover. Here are the most significant provisions of the product quality, saving labor and material costs, growth in labour productivity, improvement of production and increase its efficiency. All this ultimately determines the competitiveness of enterprises and their products in domestic and international markets, improving the socioeconomic situation in the country [2].
The saturation of the Russian economy of technological innovation requires a new organization of their use, improvement of the mechanism of interaction between science, business and government, updating approaches to the organization of scientific and technological innovation, increase the production of
science-intensive products. Small businesses had not the last role in this.
The successful functioning of small innovative business is possible only in the presence and interaction of several factors (governments, industrial capital, financial capital, science or intellectual capital), shaping the innovation environment. Full innovative structure can be formed only with the participation of all stakeholders (government, industrial enterprises, scientific organizations, financial institutions, various innovative enterprises). The main motivating factor of each participant of innovation processes should be their own interests.
Small innovative companies are important components of any national innovation system. As a rule, they are in the final stages of the full innovation cycle, joining the process of creating of innovative product at the commercialization stage. Small innovative enterprises can operate completely independently, developing and implementing their own market strategy or within the cooperative strategy with one of the following types of economic agents:
• research universities and centers. In this case, small innovative businesses are often organized as spin-off companies of large universities and they are enterprises of «one product/technology» engaged in the commercialization which does not require large financial investments of scientists' developments;
• large innovative company. Significant experience of interaction of large and small innovative enterprises have accumulated in Japan and technological leaders of the European Union (Germany, France). Usually a large company gives small ones certain activities to outsource, including conducting applied and experimental research, leaving a function of the system integrator;
• other small and medium-sized innovative enterprises. Within the cooperative strategy small and medium enterprises cooperate with each other at any stage of the innovation process with the aim of improving competitiveness and reducing the risks of innovation.
One of the most important components of the national innovation system and the economic transition to innovative way of development is also an effective interaction of enterprises and entrepreneurs with researchers and developers.
R. M. Nizhegorodtseva and Nikitenko S. M. in their work «Effective mechanisms of modernization and innovative development of economy» offer six possible scenarios for the implementation of scientific and educational institutions of their intellectual potential in the form of small innovative enterprises [1].
Scenario 1. Small innovative enterprises are created with 100% per cent of barter capital budget of scientific and educational institutions.
The script has more minuses than pluses, as such enterprises do not have:
• entrepreneurial experience;
• own production and technological base;
• experienced professionals in the field of production and sales of products;
• start-up Fund of labour payment and financial means to pay other costs associated with the development of new products;
• collateral for borrowing.
Besides, product idea is born from the available results of intellectual
activity, and not the needs of the market.
Scenario 2. Small innovative enterprises are created by budgetary scientific and educational institutions and enterprises of midsize business.
The advantages of this scenario are the following:
• medium-sized businesses have many years of practical business experience;
• they make products demanded on the market (no one is working for 'stock');
• they have own industrial and technological base and, as a rule, there are unused areas and equipment;
• they have qualified personnel and experienced professionals, «feeling» the market;
• this company is able to provide with co-financing from own resources the newly created small joint innovative enterprise in case of receiving grant support from means of the regional or Federal budgets.
Scenario 3. Small innovative enterprises are created by budgetary scientific and educational institutions and «starters» - small innovative enterprises operating in the framework of the program «START» by Fund of assistance to development of small forms of enterprises in scientific-technical sphere.
We can highlight the following advantages of this scenario:
• «starters» already have minimum business experience;
• «starters» usually feel at ease in universities, research institutes, as the vast majority of such enterprises are created on the basis of intellectual property staff;
• «starters» have a guaranteed wage Fund and funds for costs payment associated with bringing new products to market;
• «starters» have the opportunity to provide co-financing from own funds or, by agreement, the investor of the newly created joint small innovative enterprise in case of receiving grant support from means of the regional or Federal budgets.
Scenario 4. Small innovative enterprises are created by budgetary scientific and educational institutions, medium-sized enterprises, «starters» and consulting organization.
This «mix» implies the most stable variant of development of small innovative enterprises due to a combination of all advantages previously discussed scenarios. However, in the «big family» sometimes it is difficult to find consensus.
Scenario 5. Small innovative enterprises are created by budgetary scientific and educational institutions and large corporate (holding) structures.
Scenario 6. Small innovative enterprises are created by budgetary scientific and educational institutions and foreign enterprises, and other stakeholders. «Other persons» can be individuals and foreign partners.
However, in addition to the period of birth of small innovative enterprises on the basis of different organizational legal forms it is necessary to consider more complex periods associated with activity in the market conditions. For sustainable development of the enterprise the availability of qualified people, real support from the public authorities, administrative and financial resources are important.
The sources used:
1. Nizhegorodtsev R. M. Effective mechanisms of modernization and innovative development of economy (theory and practice) [Text] / R. M. Nizhegorodtsev, S. M. Nikitenko. - Kemerovo: LLC «Siberian publishing group». - 2010. - P. 94.
2. Mironova, D. D., The formation mechanism of interaction of subjects of innovative activity in the region through effective infrastructure elements [Text] / D. Mironova D. // Bulletin of the Volga Regional State University of Service. Series: Economics. - 2011. - No. 18. - P. 18-25.
Dirgeliene Irena Master of Law Kazimieras Simonavicius University J. Basanaviciaus str. 29 A, LT-03109 Vilnius, Lithuania APPLICATION OF ACTIO PAULIANA IN LAW VARIOUS COUNTRIES: THE ASPECTS OF THE DEBTOR AND THE THIRD PARTY ACTING IN
BAD FAITH
Annotation. The institution of Actio Pauliana has been established both in the states of continental and common law. The legal regulation of the institution differs: in Lithuania it has been established in the Civil Code and court practice, in France - the Civil Code, in the United States of America - the Bankruptcy Code; however the concept of the institute of actio Pauliana in all of the countries mentioned is almost the same. In Lithuania the application of the institute of actio Pauliana is regulated in a much greater detail than in France. In France it is enough for a contract to be concluded by deception (in bad faith) and violate the rights of the creditor. In Lithuania proving the debtor's dishonesty is not enough -it is necessary to prove the dishonesty of the third party as well. The conditions of the application of the institute of actio Pauliana in Lithuania and the United States of America are very similar, although one of these countries is regarded as a country of continental law and the other - as a country of the common law.
Key words. Actio Pauliana, debtor, third party, the principle of good faith.
Introduction
In court practice the principle of good faith is often mentioned with application of the creditor's defence measure - the institute of actio Pauliana. Based on the article 6.66 of the Civil Code of the Republic of Lithuania, when a creditor challenges the payable transaction concluded by their debtor, it is important to determine the debtor's honesty. The transfer of the debtor's property to the third parties does not invalidate the transaction. It does not give the creditor the right to challenge the transaction based on the institute of actio Pauliana. The transaction may be challenged only in cases when the debtor dishonestly sought to avoid the obligations to the creditor. In order to challenge the transaction concluded between the debtor and the third party, it is necessary to prove the dishonesty of the third person, whom the transaction was concluded with.
This research is relevant, because academic works lack more detailed information on the comparative analysis of the application of the institute of actio
