LEGAL REGULATION OF START-UPS AS A FORM OF ENTREPRENEURIAL ACTIVITY

Abstract

The article is devoted to the study of the theoretical and legal nature of star-ups, their features, the legal algorithm of creation, functioning, termination of activity in view of the presence of current legislative norms and doctrinal developments. Rapid technological progress in the world determines the development of the world's economic systems, and the fierce competition between them determines the innovative direction of our country's development. But despite the fact that new forms of entrepreneurial activity, such as start-ups, have been actively used and successfully implemented in Ukraine over the past two decades, there are hardly any changes in this direction in the legislative block. Such a state of affairs should actualize the introduction of changes in the current legislative acts and the adoption of new ones, the development and consolidation of new legal terms and concepts, which would contribute to the legislative regulation of all innovative processes. For this purpose, we propose to introduce the definition of "start-up" in the special law "On the activities of start-ups". In our opinion, a star-tup should be understood as a business entity registered in accordance with the procedure established by law, which offers a competitive innovative service or product, a newly created or improved technology that will contribute to the improvement of a certain sphere of human activity, but has limited resources. Also, in our work, we justify the need to make the list of types of intellectual property objects open. This will contribute to the protection and protection of innovative developments and efforts of the founders of the startup.We have proposed a list of characteristics characteristic of a star-tup: focus on the development of an innovative product or service that significantly improves the quality, structure of a certain sphere of human life, the ecosystem of our planet, etc.; availability of potential for future development and scalability; a relatively short period of existence with subsequent transformation, sale or termination of existence; the scientific potential of the founders of the start-up, which determines the potential value of the start-up; registration of a startup in the organizational and legal form of an individual entrepreneur or a legal entity. We also conducted an analysis of the organizational and legal forms of entrepreneurial activity and concluded which of the forms are the most convenient and favorable for registering start-ups.