PARTICULARITIES OF A CONTRACT FOR THE PERFORMANCE OF RESEARCH, DEVELOPMENT OR TECHNOLOGICAL WORK

Abstract

The article studies the contracts for the performance of research, development or technological work. It is clarified a subject and object of the mentioned contracts and their particularities. The author highlights the priority of the state support of science development as a source of the economic growth and an integrated component of the national culture and education, the creation of conditions for the realization of intellectual potential of citizens in the context of scientific and R&D activities, purposeful policy in ensuring the use of the achievements of domestic and world science and technology to meet social, economic, cultural and other needs. It is stated the improvement of the legal regulation of R&D activities can contribute to overcoming shortcomings in the formation of the national innovation system. The article finds out that a contract for the performance of research, development or technological work covers two types of the contracts – a contract for the performance of research works and the contract for the performance of research and development and technological works. These contracts are somewhat similar in legal nature, but there are distinctive features which are mentioned in the article. To clear up special aspects of the contracts under study, relevant section of the Commercial and Civil Codes of Ukraine are analyzed. Consequently, the author provides special features of the contracts for the performance of research, development or technological work, as follows: 1) the creative nature of the work performed under the contracts; 2) the impossibility of a guaranteed result (aleatory); 3) the focus of work on result generation. The availability of such features distinguishes the mentioned contracts from all similar contracts and allows them to take a special place in the system of civil law contracts.