ADAPTATION OF NORMATIVE LEGAL ACTS IN THE FIELD OF SCIENTIFIC AND SCIENTIFIC AND TECHNICAL ACTIVITIES IN THE SYSTEM OF THE MINISTRY OF DEFENSE OF UKRAINE UNDER MARTIAL LAW

Abstract

The scientific and scientific and technical activity of Ukraine found itself in new realities of functioning, and such questions arose that no one had solved until today. The war has a negative impact on the organization of the scientific and research process, this causes the need for flexible transformation of activities and legal regulation in the field of scientific and technical activities during the period of martial law. The established principles of institutional and legal regulation of the sphere of education and science during the period of martial law are carried out within the limits and in accordance with the Law of Ukraine “On the Legal Regime of Martial Law” dated 05.12.2015 № 389-VIII [1], the Decree of the President of Ukraine “On the Introduction of Martial Law in Ukraine” dated 24.02.2022 № 64/202210, approved by the Law of Ukraine dated 24.02.2022 № 2102-IX, as well as in accordance with other normative legal acts of Ukraine, adaptation and amendments to the governing documents regulating scientific and scientific and technical activity in the system of the Ministry of Defense of Ukraine. The organization and implementation of scientific activities in Ukraine is carried out in accordance with a number of regulatory and legal acts. The legislation of Ukraine in the field of scientific activity is based on the Constitution of Ukraine, Article 54 of which guarantees citizens freedom of scientific, technical and other types of creative activity, protection of intellectual property, copyright. Article 116 obliges the Cabinet of Ministers of Ukraine to ensure the implementation of economic policy in the sphere of education, science and culture. According to paragraph 4 of the same article, the Cabinet of Ministers develops and implements national programs of economic, scientific, technical and cultural development of Ukraine. A systematic analysis of the normative legal acts, according to which the NNTD is organized and conducted in the system of the Ministry of Defense of Ukraine and the Armed Forces of Ukraine, shows that most of them meet the requirements of today and do not require thorough revision, even under the conditions of martial law in the state. At the same time, there are those that have lost their relevance and/or do not meet the requirements of the time – in the conditions of the martial law in Ukraine, and their content needs to be revised and/or appropriate additions and a number of changes must be made. The main reason for the aforementioned is the lack of some of them reflecting on the specifics of the organization and implementation of NNTD in the system of the Ministry of Defense of Ukraine in the conditions of a special period and the state of war in the state.