THE PROBLEMATICS OF LEGISLATIVE FRAMEWORK AND CONCEPTUALIZATION OF THE OBJECT “NANOTECHNOLOGY” IN UKRAINE: A THEORETICAL AND LEGAL ANALYSIS

Abstract

The article is devoted to the theoretical and legal analysis of the legislative framework and conceptualization of the object “nanotechnology” in Ukraine.It has been established that the first broad discussion devoted to nanotechnologies took place in 2000 at the National Science Foundation of the USA, during which it was concluded that nanotechnologies are interdisciplinary in nature and recognized as a strategically important resource for national development.A definition of the term “nanotechnology” is provided. It is noted that the metric basis of this category is the unit of measurement “nanometer,” and the significance of nanoscale parameters is elaborated.It has been stated that the development of nanotechnologies has confronted the legal system with the necessity to depart from the classical perception of legal objects.The uniqueness of the phenomenon of ‘nanotechnology’ has been emphasized, its axiology explored, and the scale of risks associated with its application highlighted, which underscores the antinomic nature of its potential It is noted that the legal regulation of nanotechnologies in Ukraine, as well as worldwide, remains limited and insufficient. A theoretical and legal analysis of the regulatory framework governing nanotechnologies in Ukraine has been conducted.The Concept of the State Targeted Scientific and Technical Program ‘Nanotechnologies and Nanomaterials’ for 2010–2014, dated April 2, 2009, has been analyzed. It is noted that this document contains significant, conceptually balanced, and substantive provisions, which have been enumerated and whose conceptual importance as a normative act has been assessed.The content of the Strategy for the Development of the Innovation Activity Sphere until 2030, adopted on July 10, 2019, has been examined. It has been established that the overall goal of the Strategy is to build a national innovation ecosystem aimed at ensuring the rapid and effective transformation of scientific ideas, research, and technological developments into tangible products and services.Attention was given to the review of the Strategy for the Digital Development of Innovation Activity in Ukraine (WINWIN) for the period up to 2030, approved on December 31, 2024, accompanied by an Operational Plan for its implementation in 2025–2027. It is emphasized that, in light of recent legislative changes, this document is the most relevant. A thorough analysis of the normative act was conducted, identifying its strengths and weaknesses.The Law of Ukraine «On Technical Regulations and Conformity Assessment» is separately highlighted as a normative legal act that plays a minor role as an indirect regulator of legal relations theoretically relevant to nanotechnologies.It has been established that the effective legislative formalization of the object ‘nanotechnology’ requires a comprehensive approach, the implementation of which should be specified in seven key directions, each of which is elaborated in detail.It has been concluded that at the level of national legislation in Ukraine, nanotechnologies have not become a priority area for normative formalization, yet they are not entirely overlooked by the legislator. It is emphasized that the conceptualization of the object ‘nanotechnology’ within the legal framework is practically absent, which does not correspond to contemporary challenges.It is noted that the further development and structuring of nanotechnology legislation should involve the creation of a comprehensive concept for the legal regulation of this object, with mandatory consideration of its interdisciplinary nature, innovative potential, possible risks, and general characteristics of its legal status.