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74INNOVATIONS IN SCIENCE
INSTITUTIONAL SUPPORT OF THE STATE INNOVATION POLICY IN THE SYSTEM OF RUSSIAN LAW
DOI: http://dx.doi.org/10.14420/en.2014.3.2
Olga Belousova, Doctor of Economics, Professor of Macroeconomic Management Department, Financial University under the Government of the Russian Federation, belousovaom@rambler.ru
Elena Chibisova, postgraduate student, Financial University under the Government of the Russian Federation, chibisovaev@mail.ru
The article presents a vision of the place of the state innovation policy in the Russian legislative system. There is a need to improve the norms of the Russian law in the field of innovation management. The article highlights, that the need to create a coherent system of rules of law governing innovation activities, is caused by increase of efficiency of realization of measures of a state policy on development of national system of innovation as a new sphere of management. It is suggested as a factor of improving legislative norms to address to a legislative practice of regions of the Russian Federation. state innovation policy, national system of innovation, the legal system, legislation, federal and regional laws.
In today's world, the country's competitiveness at the international level, national security and the welfare of its population are determined by the ability of the national economic system to reproduce and capitalize existing intellectual potential and in the future - an innovative product.
National innovation system (hereinafter - NIS) is an integral economic subsystem that provides human capital development and application of knowledge in the economy and then receiving benefits. The experience of countries with efficient NIS confirms that the state takes an active participation in its formation and development. Set of goals and objectives established by the state, as well as a complex of measures and instruments applied for their achievement, defines a separate sphere of government regulation, which is commonly referred to as the «state innovation policy».
Formation of a new sphere of government administration, caused by the objective requirements of modern civilized development necessitates the formation of regulatory system supporting it and appropriate conceptual apparatus.
When considering regulatory and legal support of the state policy in the Russian
Abstract.
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Federation two things must be taken into account. First, the legal area of regulation of innovative activity in modern Russia is built hardly more than 20 years that is small enough period for formation of the debugged regulatory system.
Secondly, the period of development of the conceptual apparatus of the state innovation policy is also not long lasting compared to, for example, with the term «science and technology policy».
It should be noted that these are two different categories. State science and technology policy regulates the scope of conservation and enhanced production of knowledge, virtually ignoring its practical application. Innovation policy is based on the postulate that knowledge is the main productive force in the present economic system, because it brings value in its implementation in daily activities. Promotion of innovation, from the stage of its creation through the entire innovation cycle to the phase of mass production is provided with the close integration of science, education and production. This process needs institutional support, which the state implements. In the Russian system of law the concept of «State science and technology policy» is enshrined in the Federal Law of August 23, 1996 No. 127-FZ «On the science and state science and technology policy»1 (table 1). This approach comes from the understanding of the state policy as an activity of the state to use its power to solve problems and achieve objectives of social and economic development of the country. In this case, the state policy is expressed in the performance of the state's major functions in relation to a particular area of regulation, taking into account its specificity. Its implementation gives rise to a particular combination of social and economic relations between the state and other subjects of scientific and technical activities on the creation, conversion and use of results of scientific and technological activities. State policy can be considered as a set of measures and instruments used by public authorities to achieve their objectives.
Law accurately and fully identifies the subject of regulation of science and technology policy of Russia, subjects of scientific and technological activities, basic provisions, policies and procedures, management, responsible public authorities and their powers, general questions of financing of scientific and technological activities, as well as the goals and objectives of the state policy. Provisions of the law and some aspects of the implementation of science and technology policy of Russia are clarified in a variety of later documents, such as the Doctrine of development of the Russian science1, the Basics of the policy of the Russian Federation in the field of development of science and technology for the period up to 2010 and beyond2, the Strategy of development of science and innovation in the Russian Federation for the period up to 20153, the Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation. First federal programs have been developed in this particular sphere.
1 Decree of the President of the Russian Federation dated 13.06.1996 № 884.
2 Letter from the President of the Russian Federation dated March 03, 2002 № Pr-576)
3 Approved by the Protocol of the Interministerial Commission
for Science and Innovation Policy of February 15,2006 № 1
URL: http://ris.extech.ru/policy/policy_basis.php.
Certain provisions of the state innovation policy appeared at the same time, but were actively developed in the 2000s. In addition to special tax rules, civil law, including the regulation of the rights of intellectual property, regulations relating to tariff and customs regulations. Regulations having the entitlement nature, have been introduced only in 2011 by the Federal Law of July 21, 2011 № 254-FZ «On Amending the Federal Law «On Science and State Science and Technology Policy»1. Comprehensive state program on the development of innovative areas of the Russian economy was approved in 20132. In this regard, most of the basic concepts, principles, rules and mechanisms of public policy governing the innovation sphere, at present have not found the proper clearance in the Russian legislation, including «state innovation policy» concept.
The only official interpretation of this concept is presented in the Concept of Innovation Policy of the Russian Federation for the period 1998-20003 (see. Table 1).
The weakness of the provided interpretation is that the mechanisms of realization of the state innovation policy are limited to one-software-mechanism, whereas in international practice a broader toolkit is used.
In the draft law «On the innovative activity and state innovation policy» approved by the State Duma and the Federation Council of the Federal Assembly of the Russian Federation in 1999 and rejected by the President of the Russian Federation, the state innovation policy was defined more broadly4 (see. Table 1). It should be noted that the document was recognized by experts as weak, having a lot of inaccuracies, inconsistencies with existing legal regulations. Strategy for science and innovation development in the Russian Federation for the period up to 2015 year established that the concept of «innovation policy» should be introduced in the Federal law «On state forecasting and programs of socio-economic development of the Russian Federation» and become a required section of the forecast of development of the Russian Federation. However, to date, this provision has not been implemented. At the same time, a number of legal acts have introduced some «variations» of this concept.
For example, in 2013, it was introduced into the Federal law «On the science and state scientific and technical policy» (hereinafter-Federal law on Science) the concept of «State support for innovative activity»5. Range of subjects of legal
1 Collection of Laws of the Russian Federation, July 25, 2011, № 30 (P. 1), Art. 4602.
2 Order of the Government of the Russian Federation dated March 29, 2013 № 467-p «On approval of the state program of the Russian Federation «Economic Development and Innovative Economy»; Decree of the Government of the Russian Federation dated December 21, 2013 № 2492-p approved the state program of the Russian Federation «Economic Development and Innovative Economy» in the new edition; Resolution of the Government of the Russian Federation dated April 15, 2014 № 316 «On approval of the state program of the Russian Federation «Economic Development and Innovative Economy» approved a new state program.
3 Approved by Resolution of the Government of the Russian Federation of July 24, 1998, № 832.
4 Art. 1 of the draft federal law «On innovative activity and state innovation policy» (adopted by the State Duma of the Russian Federation on December 01, 1999) // Legal service network «ConsultantPlus» URL: http //base.consultant.ru.
5 Paragraph 2 Art. 16.1 of the Federal Law of August 23, 1996 № 127-FZ «On Science and State Science and Technology Policy» (Ed. of July 07, 2013).
regulation is limited to entities conducting innovative activity, while innovation sphere also includes intermediaries and consumers of innovative products.
Table 1. Normative legal binding of terms of innovation sphere in the Russian
law system
Document The concept enshrined
Federal law dated August 23, 1996 No. 127-FZ «On the science and state science and technology policy» State science and technology policy is an integral part of socio-economic policy that expresses the State's attitude to scientific and technical activity, identifies the objectives, directions, forms of activity of bodies of state power of the Russian Federation in the field of science, technology and implementation of science and technology.
«Government support for innovation activity is a set of measures taken by the state bodies of the Russian Federation and the state bodies of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation and legislation of constituent entities of the Russian Federation in order to create the necessary legal, economic and organizational conditions, as well as incentives for legal and natural persons carrying out innovation activities».
The basic policies of the Russian Federation in the field of development of innovation system for the period up to 2010 year Policy of the Russian Federation in the field of development of innovation system is an integral part of the state science-technology and industrial policy, which is a combination of the state socio-economic measures aimed at creating conditions for the development of a competitive innovative products on the basis of the advanced achievements of science, technology and engineering, and increase of the share of such products in the production structure, as well as a system of promotion and sales of products and services in domestic and foreign markets».
Conception of innovation policy of the Russian Federation for 1998-2000 years State innovation policy is an important part of state social and economic policy; identification by the state bodies of the Russian Federation and the state bodies of the constituent entities of the Russian Federation of goals of innovative strategies and mechanisms of support for prioritized innovation programs and projects.
The draft law «On innovation activity and state innovation policy» (1999) State innovation policy is a part of the state socio-economic policy aimed at improving the state regulation, development and stimulation of innovative activity.
The law of Moscow of June 06, 2012 N 22 «On science-technology and innovative activity in the city of Moscow» Science- technology and innovation policies of the city of Moscow are an integral part of the state social and economic policy of the city of Moscow, representing a collection of legal, economic, social, information, consulting, educational, organizational and other measures executed by bodies of state authority of the city of Moscow, and aimed at supporting and developing scientific-technical and innovative potential of Moscow, creating conditions for the development of production of innovative products based on advanced technology, achievements of science and technology, and increase of the share of such products in the gross regional product, as well as the promotion and realization of innovative products in the domestic and foreign markets.
The law of Moscow of July 07, 2004 N 45 (ed. on November 30, 2005) «On innovative activity in the city of Moscow» (void) The innovation policy of Moscow is a coordinated set of measures of Moscow public authorities aimed at legislative, economic, informational, organizational and instructive provision in the field of innovative activity, and taking into account innovation policies of the federal state authorities, the interests of the subjects of science and industry and priority issues of socio-economic development of the city of Moscow.
Law of the Novosibirsk region of December 15,2007 No. 178-«On the policies of the Novosibirsk region in sphere of development of innovation system» Policy of Novosibirsk Region in sphere of development of innovation system (hereinafter policy on development of the innovation system) is an integral part of the state scientific-technical, educational, industrial and investment policy representing a set of socio-economic measures executed by governmental authorities of Novosibirsk Region, and aimed at creating conditions for ensuring the complex interaction of subjects of innovative activity and promoting the development of the integration processes in the implementation of science and technology, innovation and educational activities.
The model law «On innovation activity» (adopted in Saint Petersburg on November 16, 2006 by the Resolution of the Interparliamentary Assembly of the CIS Member States No. 27-16) State (national) innovation policy is one of the directions of state social and economic policy, which consists in developing and implementing the goals and objectives of the sustainable development of the economy, creating the necessary conditions for reducing the technological gaps, ensuring the competitiveness of domestic production and the national security of the state.
The model law of the subject of Russian Federation «On state support of investment activity on the territory of the Russian Federation» Government support for innovative activity is a set of measures in the area of innovation policy, undertaken by the bodies of state power of constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation and legislation of the constituent entity of the Russian Federation in order to establish legal, economic and organizational conditions for the promotion and development of innovative activity in the territory of the subject of the Russian Federation.
On the other hand, the Guidelines of the policy of the Russian Federation in the field of development of innovation system for the period up to 2010 year provide the wording «the policy of the Russian Federation in the field of development of
innovation system»1. In this approach, the emphasis in public administration focuses on the production and marketing of products, whereas such important subsystems of NIS as the production and dissemination of knowledge, support in the initial stages (start-up), provision of the technological capacity and choice of development priorities are represented as minor, although their development for formation of NIS is not less important. The following question, which is expedient to consider in conjunction with the innovation policy, is the category of «innovative activity». Innovative activity can also be considered on three components characterizing the degree of participation of researchers, inventors and entrepreneurs in the implementation of innovative activity within a certain period: research, inventive; business (economic activity concretized as the production of this or that product or rendering specific services). This feature is the basis for the international standard of classification of branches of industries, economic classifications of the System of National Standards2.
In the theory of the innovation study, such term as «innovative activity» has been developed. In the Russian terminology, a type of activity associated with the transformation of ideas (usually the results of scientific research and development or other scientific and technological achievements) into a technologically new or improved products or services introduced in the market, new or improved technological processes or production methods (transfer) of services used in practice is understood under innovative activity. From the definition of the concept of «innovative activity», adopted by the Organization for Economic Cooperation and Development (OECD), «all scientific, technological, organizational and commercial activities, leading to the actual implementation of the innovation or intended for this purpose» are referred to this activity.
The problem of terminology is one of the main problems that inevitably arises when trying to organize the mechanism of regulation of innovative relations, and with decision of which on doctrinal scientific level it is necessary to begin the formation of a coherent regulatory system of regulation of certain spheres of public relations.
Focus of the definition of innovations on the result seems quite the right approach toward building a terminological apparatus in the area of innovation of public relations, allowing highlight innovations as result of the innovation process, innovative activity. However, the inclusion into the definition of innovations such objects as a process and method is too expanding its borders. From the perspective of a broad approach to the understanding of innovations, this term is close in meaning to the word «modernization», characterizing severe changes in all spheres of public life. From the analyzed definition, it can be highlighted such feature of innovations as a novelty, suggesting that the development under implementation is a totally new or significantly improved in quality, properties, methods of use, etc.
Further, the practical applicability of the received developments and providing economic benefits in the future. If transferring the semantic emphasis
1 The basic policies of the Russian Federation in the field of development of innovation system for the period up to the year 2010, approved by the Government of the Russian Federation on August 05, 2005 No 2473p-P7.
2 Dulepin Y.A., Kazakova N.V. // Innovative Economy. - 2009. - № 11.
from development to product, then we get not the «practical applicability of the development» but a product implemented in the production that contains the results of development. Furthermore, the effect of innovation may be not only economical, but also social1.
It should be noted that one of the basic conditions for innovation development of society is the innovative activity of business entities, and their interest in participating in marketing of innovative products and services, investing in innovative projects. All organizations, both directly implementing innovative activity as well as facilitating its implementation, are in a certain economic and technological dependence, and only in the complex, in an indissoluble unity relationships and interactions can become a powerful force for innovation processes. The undoubted advantage enshrined in the Federal Law «On amending the Federal Law «On science and state science and technology policy» of the concept of innovative activity is a broad approach to its definition, allowing to emphasize the versatility and diversity of forms of expression of innovative activity: scientific, technological, organizational, financial and commercial activity. Meanwhile, the definition should reflect the essence of innovative activity not as an activity on the implementation of innovative projects, but as a process of creation and utilization of the results of intellectual work aimed at obtaining a new or improving produced product or the method of its production for the purpose of its practical implementation and / or receiving profit as a result of their promotion on the market in the form of goods, works or services. The definition should contain such legally important characteristics of innovative activity as autonomy, consistency, comprehensiveness, targeted focus, orientation to receiving socially beneficial effect.
References
1. Scientific and technical potential of Russia and its use. Under the general editorship of Doctor of Economics, prof. V.I. Kushlin, Doctor of Economics, prof. A.N. Folom’eva. — M, 2001.
2. Comparative analysis of innovation activity of subjects of the Russian Federation / ed. O.M. Belousova. — M., 2011.
1 Belousova O.M. Comparative analysis of innovation activity of subjects of the Russian Federation (O.M. Belousova et al.; under scientific ed. O.M. Belousova), Publisher «The Academy of Natural Sciences», Federal state educational budget institution of higher prof. education Financial Univ under the Government of the Russian Federation. - M., 2011. - 195 p.
