The startup companies in Ukraine: legal base

Abstract

In this article the authors investigates the legal nature and characteristics of a startup company. The authors highlights the concept of a startup through its qualifying features and through the features of the legal entity in the form of which this startup operates. The organizational and legal forms provided in the Ukrainian legislation for legal entities operating in the field of innovation and, potentially, can acquire the status of startup companies are indicated and characterized.
Legal conflicts and inaccuracies in the legislation of Ukraine are pointed out, in particular regarding the definition of qualifying features of startup companies and organizational and legal forms in which they operate. Ways to resolve these legal conflicts and ideas for the development of the legal institution of the startup as a whole are proposed.
The authors came to the conclusion that the main feature that indicates the legal nature of the Startup is «innovation», (may relate to the introduction of new or significant improvements to old technologies, production processes, types of products or services, etc.). The Law of Ukraine «On Innovation» provides for special documents that regulate this aspect of the legal entity - an innovation project. It is the registration of an innovation project that should be associated with the possibility of identifying the company as a startup, because it contains all aspects of the use of innovations by a legal entity.
Determined Startup as a newly created or operating legal entity that has registered an innovation project for the development and implementation of innovations and received in the manner prescribed by law the status of innovation structure and startup.
The authors emphasizes that a holistic approach to regulating the status of such legal entities is appropriate to determine the exclusive type of activity, the subject of which is the development and implementation of innovations. This feature will be the basis for registration of the relevant innovative project and the acquisition of the status of a startup company.