Joint activity agreement as the basis for innovation development and implementation activities: main characteristics
The article considers a joint activity agreement as a basis for the development and implementation of innovations. The civil law nature of such an agreement, regardless of the composition of its parties, is substantiated. A joint venture agreement is characterised by the universal composition of the parties to the agreement. Both natural and legal persons and other participants in legal relations may be parties to the agreement. Specific requirements for the parties to the contract are established by special acts on technology parks and industrial parks. Entrepreneurial status is a requirement for entrepreneurial innovation activities. At the same time, the law does not exclude non-entrepreneurial innovation activities.
The author has formed the main legal characteristics of a joint venture agreement: 1) the multilateral nature of the agreement - all rights and obligations are mutual. Such an agreement is beneficial to all parties. The interest of all parties is the same; 2) the purpose of the treaty is universal. The purpose may be entrepreneurial or non-entrepreneurial. This objective is different from the creation of a legal entity; 3) there is no adversarial relationship between the parties to the contract, as the parties to the contract have a common enthusiasm. This feature reduces the high level of risk of an innovative relationship; 4) the subject of the contract is joint actions. The content of these actions is organizational relations or organizational and property relations. The object of the contract is innovation.
In the article, special legal characteristics of joint activity agreements are formed, which are the basis of special structures - technology parks and industrial parks: special requirements for the subject composition - legal entities; special rules of joint activity agreements’ content; the role of public interest is strengthened, respectively, the mechanisms of state regulation and control are strengthened.
It is proved that special legal regulation of a joint activity agreement without pooling of contributions as a basis for the creation of technology parks is carried out contrary to the principles of contractual relations