Legal aspects of the functioning of research infrastructures in Ukraine
Authors: Pavliutin Yuri 
Published: October 2024

Problem setting. The problems of proper legal support for the functioning, restoration and development of research infrastructures become especially relevant in the conditions of martial law and the continuation of European integration processes. Taking into account the influence of the research infrastructure on the level of effectiveness of scientific research, the issues of legal support for its proper functioning are of particular importance. At the same time, despite the adoption of a large number of legislative changes and conceptualization of the field of development of research infrastructures in Ukraine, some problems remain unresolved. Therefore, one should agree with the opinion that the effective use of research infrastructure is hindered by a number of financial and regulatory problems, both categories of problems are interrelated: thus, the imperfection of regulatory and legal regulation also hinders effective financial development. Purpose of research is to highlight the peculiarities and issues of legal regulation of research infrastructures at the national level. Analysis of recent researches and publications. The scientific works of many scientists are devoted to the issue of building and developing the research infrastructure. A. M. Liubchych, I. O. Mamaiev studied legal and organizational issues of data collection and circulation in the aspect of information support of research infrastructures. The scientific researches of O.S. Holovashchenko are devoted to the analysis of the legal basis for the construction and development of research infrastructures in Ukraine, the author summarizes in her research that in order to bring national legislation into line, it is necessary to determine the priority directions for improving the national research and innovation systems in Ukraine, which in turn, needs to take into account ERA’s priorities and experience. V. P. Kohan considered the problems of legislative support for monitoring the activity of research infrastructures. The issue of classification of research infrastructures in Ukraine was studied by scientists A. P. Fedchuk, I. O. Tsybenko, S. V. Zherebchuk, who came to the conclusion that when developing a national system of taxonomy of research infrastructures, it is necessary to take into account the fact that, unlike the EU, Ukrainian legislation contains many gaps, as well as different forms of existence of research infrastructures, which are regulated in different ways by legislation, taking into account that, the direct application of European practices regarding the classification of Ukrainian research infrastructures is not considered possible. Article’s main body. The legal regime of martial law and the complication of the conditions for carrying out scientific and scientific and technical activities dictate new rules, taking into account the need to meet European standards in the field of science and innovation. Despite this, the research infrastructure as an important factor in the development of these areas is still in a state of insufficient financial, organizational and legal support, despite the determination of the conceptual foundations of the development of research infrastructures at the national level. Improvement of legislative mechanisms regarding the conditions of operation of research infrastructures are of crucial importance for their restoration. It should also be added that the restoration of the research infrastructure in Ukraine is an important task that must be solved according to certain strategic directions, that is, it requires not only financial resources, but also a careful strategy that takes into account the modern economic conditions that the country faced as a result of the long-term state of war and other external and internal influencing factors related to these conditions. It should be agreed that the restoration of the research infrastructure of Ukraine is an extremely difficult task, since it is not about reconstruction after individual extraordinary events, but about systemic renewal after a long period of crisis and significant amounts of destruction, that is, in the conditions of a full-scale and long-term war, the restoration of the research infrastructure should be a component strategies for the restoration of scientific and innovative activity and the country in general, which are implemented as a systemic policy even during the crisis. However, as mentioned earlier, the issue of development of research infrastructure is not a component of the main strategic document in the field of innovation. Conclusions and prospects for the development. Therefore, the issue of legal support for the development of research infrastructures was repeatedly studied by various scientists even before the aggression of the RF. Despite the conceptual regulation of the development of research infrastructures before the introduction of martial law, the corresponding target program has not yet been adopted and has the status of a project, therefore, taking into account the current challenges, the conceptual principles need to be improved with the development and adoption of a new State target program for the development of research infrastructures in Ukraine with an updated implementation period. In addition, it is considered expedient to continue the process of improving the current legislation (including state strategic planning documents) regarding the functioning of research infrastructures using a systemic approach, which will ensure the proper level of development and restoration of the system of research infrastructures.