The peculiarities of contract providing with biotechnology circulation in Ukraine
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 1
Abstract
Problem stating: Today biotechnology has considerable progress in science, which permits to optimize production in many spheres. It also can be potentially dangerous for people’s life and health and for environment. Such a double content of this occurrence makes a state to watch attentively for biotechnology circulation and realizes specific regulation of action with involvement biotechnologies, especially in concluding contracts sphere. Latter investigations and published works analysis: The category “economic (commercial) contract” is a sufficiently developed in national law science. Such law scientists as Milash V.S., Luts V.V., Vinnyk О.M., Shcherbyna V.S., Belyanevych О.А. dedicated their studies to this category. The problems of legal issuance rights assignment have been resolved in Davydyuk О.М works. But today there are not the scientific positions as for economic (business) circulation and biotechnologies. Research object: to argue the necessity of giving special regulation to contract providing with biotechnology circulation, to disclose the essence of such peculiarity. Fundamental investigation stuff: Commercial contract can be recognized the effective means for researching objects of legal relationship participants, which are effected with it, if it accomplished the functions, rested on it. It can be achieved by the way of contract essential terms vesting. Essential terms are such terms, which can accomplish only one or several functions at whole. It is also justly for contracts, which are concluded in biotechnology market. But biotechnology peculiarity as the legal regulation object leads to necessity to take into consideration not only private parties interests when concluding the contract about rights assignment for biotechnology, and also public interests of a state and society. Some of essential terms can be appointed to as protective observations because of conforming their structure and content to protective observations. Participants will be permitted to achieve this aim as for receiving a profit with taking into account such peculiarities during the contracts about biotechnologies are concluded. And the state will be guaranteed a general condition of biotechnology market security. Present research conclusion: on the one hand, biotechnology, as the occurrence of today, is an effective means for production rationalization in many spheres, and it makes interest of enterprisers, from the other hand, it contains potential unexplored threats for society. Such a double content forces a state to realize a peculiar regulation in the sphere of biotechnology treatment including legal regulation of contract activity as for biotechnology. That’s why is necessary to appoint to list of “biotechnology” contracts essential terms in legislation, among them we should distinguish a separate terms group, they are protective warning. It permits to reach to market balance of personal economic Parties interest pleasure and national society interests. Main annotation of article: This article is dedicated to analysis of contract biotechnology circulation ensuring peculiarities in Ukraine. There were considered the problems of essential terms determination for such contracts and pointed their classification. Abstract: (translation of annotation for article in three-five sentences). Key words: biotechnologies, biotechnology circulation, commercial contract functions, essential contract terms.
Authors and Affiliations
Inga Bochkova
Keywords
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