Дипломная работа: Economic bases of innovative activity in public health services
1.2 Legal
bases of innovative activity
Innovative
activity is carried out according to the Constitution of the Russian Federation
and the Civil code of the Russian Federation. The Project of the Federal law on
innovations and innovative activity Besides, prepares. To regulate innovative
activity according to this Law and laws accepted according to it and other
standard legal certificates of the Russian Federation, laws and other standard
legal certificates of subjects of the Russian Federation, and also the
international contracts of the Russian Federation, concerning innovative
activity [64]. If the Federal Law on innovative activity while exists only in
the project in many regions of Russia Regional laws on innovative activity [63]
operate. Regional laws on innovations and innovative activity and the Project
of the Federal law are under construction approximately on the same structure,
therefore for illumination of legal bases of innovative activity it will be
pertinent to state the maintenance and substantive provisions of the Project of
the Federal law on innovations and innovative activity, having resulted the
maintenance of this Project [62]. We will consider substantive provisions of
this Project. First of all, in the Project it is supposed to consider following
concepts: an innovation? The end result of the creative activity which has
received realisation in the form of new either advanced production, or the new
or advanced technological process used in an economic turn; innovative
activity? Creation of the new or advanced production, the new or advanced
technological process, realised in an economic turn with use of scientific
researches, workings out, developmental works, or other scientific and
technical achievements; the state innovative policy? The component of a social
and economic policy directed on development and stimulation of innovative
activity; venture innovative funds? The noncommercial organisations established
legal and (or) physical persons on the basis of voluntary property payments and
(or) voluntary investment in exchange for a share in the share capital, the
creations focused on financing, development in manufacture of new kinds of
production and (or) the technologies connected with a high risk; an
infrastructure of innovative activity? The organisations rendering subjects of
innovative activity of service, necessary for realisation of innovative
activity [63]. In the Project makes a reservation that innovative activity is
carried out according to the Constitution of the Russian Federation, the Civil
code of the Russian Federation, the present Federal law and laws accepted
according to it and other standard legal certificates of the Russian Federation,
laws and other standard legal certificates of subjects of the Russian
Federation, and also the international contracts of the Russian Federation,
concerning innovative activity. If the international contracts of the Russian
Federation establish other norms, than provided by the present Federal law
norms of the international contracts [63] are applied. In the Project it is
noticed that following kinds of activity concern innovative activity:
Performance of the research, developmental and technological works directed on
creation of new or advanced production, the new or advanced technological
process, realised in an economic turn; carrying out of marketing researches and
the organisation of commodity markets of innovative products; creation and
development of an innovative infrastructure; preparation and retraining of
personnel for innovative activity; protection, transfer and acquisition of the
rights to objects of intellectual property both the confidential scientific and
technological information; realisation of technological re-equipment and
manufacture preparation; realisation of tests, certifications and
standardization of new processes, products and products; the initial period of
manufacture of new or advanced production, application of new or advanced
technology before achievement of a standard time of recovery of outlay of the
innovative project; Financing of innovative activity, including realisation of
investments into innovative programs and projects; other kinds of works which
necessary for realisation of innovative activity and are not contradicting the
legislation of the Russian Federation [63]. Subjects of innovative activity are
legal bodies, irrespective of the organizational-legal form and a pattern of
ownership, physical persons? Citizens of the Russian Federation, the foreign
organisations and citizens, and also persons without citizenship. Subjects of
innovative activity can carry out functions of customers and (or) executors of
innovative projects and programs, investors, consumers of results of innovative
activity, and also the organisations serving innovative process and promoting
development and distribution of innovations [62]. The state according to the
current legislation guarantees to subjects of innovative activity: The state
support of innovative programs and the projects directed on realisation of the
state innovative policy; the state support of creation and development of
subjects of an infrastructure of innovative activity; the state support to
preparation, retraining and improvement of professional skill of the shots
which are carrying out innovative activity; intellectual property protection,
protection against an unfair competition and monopolism; access freedom to the
information on priorities of the state innovative policy; freedom of
distribution and gathering of the information on innovative requirements and
results of scientific and technical and innovative activity, except for the
information containing state, office and the trade secret [64]. Public
organisations and associations in which charter innovative activity is
provided, can carry out on the competitive beginnings it at the expense of
means of the federal budget, budgets of subjects of the Russian Federation and
to get the state support. Public authorities of the Russian Federation,
authorities of subjects of the Russian Federation by preparation of projects of
standard legal certificates and programs in the field of innovative activity
can involve public organisations and associations [62]. The basic form of relations
between subjects of innovative activity are the contracts (contracts) concluded
according to the current legislation of the Russian Federation [63].
The
disputes arising at realisation of innovative activity, are considered in an
order established by the legislation of the Russian Federation and the
legislation of subjects of the Russian Federation [62]. Public authorities in
an order established by the legislation of the Russian Federation and the
legislation of subjects of the Russian Federation, can stop or suspend
innovative activity in cases of spontaneous and other disasters, introductions
of state of emergency in territory of the Russian Federation, and also if
continuation of innovative activity can lead to infringement established by the
legislation of the Russian Federation and the legislation of subjects of the
Russian Federation of ecological, sanitary-and-epidemiologic and other norms
and rules, the rights and interests legal and physical persons [62].
1.3 Working out and the analysis of the innovative project
By means
of the innovative project the important problem on finding-out and a
substantiation of technical possibility and economic feasibility of innovative
activity dares. Despite a variety of projects, their analysis usually follows
some general scheme which includes the special sections estimating commercial,
technical, financial, economic and институциональную feasibility of the
project. [49]. Essentially the essence of the analysis of the innovative project
consists in the answer to two simple questions [52:
1])
whether we Can sell a product which is growing out of realisation of the
project?
2)
whether we from it can receive sufficient volume of the profit justifying the
investment project? The analysis of efficiency of the innovative project
conditionally breaks on [52]: the market analysis, the analysis of the
competitive environment, working out of the marketing plan of a product,
maintenance of reliability of the information used for the previous sections.
As innovative projects are carried out at already existing markets, in the
project their characteristic should be resulted. The marketing analysis should
include the analysis of consumers and competitors also. The analysis of
consumers should define consumer inquiries, potential segments of the market
and character of process of purchase. For this purpose the developer of the
project should carry out detailed research of the market. Besides, it is
necessary to carry out the analysis of the basic competitors within the limits
of market structure and restrictions, on it influencing [29]. In drawing 1.1
the general sequence of the analysis of the innovative project is presented. It
is necessary to notice, what the resolution used on the scheme? The project
deviates? Has conditional character. The project should be really rejected in
the initial kind. At the same time the project can be altered because of, for
example, its technical impracticability and the analysis of the modified
project should begin from the very beginning.
Let's
describe high lights of the analysis of efficiency of the innovative project
[37]. The technical analysis [37] Problem of the technical analysis of the
innovative project is:? Definition of the technologies most suitable from the
point of view of the purposes of the project? The analysis of local conditions,
including availability and cost of raw materials, energy, a labour? Stock-taking
of potential possibilities of planning and project realisation. The technical
analysis is usually made by group of own experts of the enterprise with
possible attraction of narrow experts. Standard procedure of the technical
analysis begins with the analysis of own existing technologies [51]. The rule
of a choice of technology provides the complex analysis of some alternative
technologies and a choice of the best variant on the basis of any aggregated
criterion [56]. The financial analysis of [37] investment projects Given
section is the most volume and labour-consuming. The general scheme of
financial section of the innovative project follows simple sequence [37]. 1)
the Analysis of a financial condition of the enterprise in preparation of the innovative
project. 2) the analysis of break-even of manufacture of principal views of
production. 3) the forecast of profits and monetary streams in the course of
realisation of the innovative project. 4) an estimation of efficiency of the
innovative project. We will stop short on key questions of financial section of
the innovative project. The financial analysis of the previous work of the
enterprise and its current position usually is reduced to calculation and
interpretation of the basic financial factors reflecting liquidity, credit
status, profitableness of the enterprise and efficiency of its management.
Usually it does not cause difficulty. It is important to present also in
financial section the basic financial reporting of the enterprise for a number
of previous years and to compare the basic indicators on years [51]. The
break-even analysis includes regular work under the analysis of structure of
the cost price of manufacturing and sale of principal views of production and
division of all costs into variables (which change with change of a volume of
output and sales) and constants (which remain invariable at change of a volume
of output). The Main objective of the analysis of break-even? To define a
break-even point, i.e. a sales volume of the goods which corresponds to zero
value of profit. Importance of the analysis of break-even consists in
comparison of a real or planned gain in the course of realisation of the
investment project with a point of break-even and the subsequent estimation of
reliability of profitable activity of the enterprise [27]. The Most responsible
part of financial section of the innovative project is actually its investment
part which includes [37]:? Definition of investment requirements of the
enterprise for the project? Establishment (and the subsequent search) sources
of financing of investment requirements? Estimation of cost of the capital
involved for realisation of the investment project? The forecast of profits and
monetary streams at the expense of project realisation? An estimation of
indicators of efficiency of the project. The most difficult is the question of
an estimation of a recoupment of the project during its term of realisation
[5]. The volume of monetary streams which turn out as a result of project
realisation should cover size of the total investment taking into account a
principle? Costs of money in time?. Each new stream of money received in a year
has the smaller importance, than equal to it on size the monetary stream
received year earlier. As the characteristic measuring the time importance of
monetary streams, the norm of profitableness from investment received acts
during realisation of the investment project of monetary streams [5]. The
economic analysis [37] be integrated procedure of an estimation of economic
efficiency can it is presented in the form of the following sequence [37: 1])
to Present results of the financial analysis. 2) to make new classification of
expenses and incomes from the point of view of the economic analysis. 3) to
translate financial values in economic (they do not coincide because of
discrepancy of the prices and expenses for external and home market). 4) to
Estimate cost of other possibilities for use of resources and reception of the
same product. 5) to exclude all calculations on internal payments (as they do
not change the general riches of the country). 6) to Compare annual economic
streams of means with initial volume of the investment (it will be a final
analysis). The institutsionalnyj analysis of [37] Institutsionalnyj the
analysis estimates possibility of successful performance of the investment
project taking into account organizational, legal, political and administrative
conditions. This section of the investment project is not quantitative and not
financial. Its main task? To estimate set of the internal and external factors
accompanying the investment project [37]. The estimation of internal factors is
usually made under the following scheme. 1) the analysis of possibilities of
industrial management. Well-known that bad management in a condition to fill up
any, even over the good project. Analyzing industrial management of the
enterprise, it is necessary to be focused on following questions [37]:?
Experience and qualification of managers of the enterprise? Their motivation
within the limits of the project (for example, in the form of a share from
profit)?
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