Basic models of the constitutional and legal support of scientific activity in the modern world
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The article is devoted to comparative study of the constitutional and legal support of scientific activity in different countries of the world. Constitutional and legal support is understood as to the implementation of state policy. That is why it is analyzed in main innovation centers of the world. On this basis, common features of the constitutional and legal support of science in some of them and in Ukraine were found, which led to conclusions about the rationale for implementing the most progressive tools of this support into national policy. The Constitution of Ukraine is guaranteed freedom of scientific creativity, science and establishing relations of Ukraine with the international community, the protection of the moral and material interests that arise from various types of intellectual activity (Art. 54); expected approval of national programs of scientific and technological development by the Verkhovna Rada of Ukraine (Art. 85), the development and implementation of these programs and ensuring policies in science by the Cabinet of Ministers of Ukraine (Art. 116), it is established right to engage in scientific activities officials legislature (Art. 78), executive (Art. 120) and the judiciary (Art. 127, 148) branches. Thus, science is reflected widely in the levels of guaranteed freedoms, the obligation of the state and institutional mechanism th providing both software and individual levels. Almost all analyzed constitutions are guaranteed freedom of scientific research and the promotion of the state in their development. Most of the studied countries indicating a direct positive relationship between the development of science and economy. However, the focus of policies in science, which reflect its domestic and foreign priority vectors, is different. Isolation of the science of satisfying state goals is clearly seen in the constitutions of North Korea and Iran. It is due to political and economic isolation of these countries. Another factor that influences on the policy in science is a form of government: federal states have to divided its powers in science into general, regional and cooperative, as opposed to unitary. As a result of the investigation, it is selected the models of constitutional and legal support of science activities: 1) the value of science to society: а) focused on the economy or utilitarian praxeological; b) worldview; 2) focus on: a) Location within a country; b) integration into the world scientific process; 3) the division of competence authorities in the field of science: a) the allocation of competence only to public authorities; b) the union of competence of the central authorities to local. We believe the most appropriate for Ukraine would be the reception of these last models. Because reflected of worldview functions of science would promote for understanding by the public and the government defining the role of science for economic and social development of modern and future Ukraine. Integration into the world scientific process would ensure the improvement of the analytical and predictive maintenance procedures for making decisions on state support of research, taking into account the interests small and medium businesses in the formation of research topics and identify their perpetrators. And union the competence of the central and local authorities would give positive developments on the problem of chronic underfunding of science.
Authors and Affiliations
Olha Boiko
Keywords
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