The Regulatory Framework of Innovative Structures: A Comparative Analysis of Ukraine, Europe, and the U.S.

Abstract

The article contains results of a study devoted to the evolution and the current forms of regulation of innovative structures in Ukraine and abroad. Innovative structures in Ukraine (technoparks, science parks, industrial parks, business incubators, clusters, and technology platforms) are interpreted as institutional forms capable of ensuring sustainable innovation-driven development of the economy; a detailed overview of their regulation and key features is provided. Patterns of the innovative structures’ evolution as institutions of the innovation-driven development were revealed, analysis of their legal models in different countries was made, with the efficiency assessment of the respective legal regimes. A comparative legal analysis of the Ukrainian legislation with the U.S. and EU approaches to innovation infrastructure building and support was conducted. It is argued that the Ukrainian model rests upon regulation specific to the categories of innovation infrastructure, whereas Western models rely primarily on flexible legal instruments, public-private partnerships, and financial incentives. A detailed overview of the innovation infrastructure categories in the U.S. (e.g. university technoparks, industrial parks and regional clusters, business incubators and startup ecosystems, and technological clusters) and EU practices (e.g. the earliest European technoparks, regulatory specifics pertaining to innovative structures at the EU level, legislations of selected EU countries on innovative structures, and the key EU directives on technoparks) is given. Special attention is devoted to a comparison of approaches to providing legal support for the innovation infrastructure in Ukraine, Europe, and the U.S., to determine the factors behind the success of such structures in different jurisdictions. Also, the study aims at identifying the problems in the Ukrainian regulatory framework and substantiating its improvements in the European integration context. Factors contributing to the inefficiency of the innovative structures established in Ukraine were revealed. Fragmentation of the Ukrainian regulatory framework is emphasized, with outlining the steps towards its harmonization with European approaches, particularly regarding the development of cluster policy, technology transfer, and smart specialization. It is concluded that the Ukrainian legislation on innovation activities requires a comprehensive modernization with reference to best European and American practices, to build an effective national innovation system.