Legal Regulation of Public Relations in the Scientific and Technological Sphere: To the Methodology of Scientific Cognition

Abstract

At present, the legal support of a dynamically developing scientific and technological sphere doesn’t have a proper theoretical justification, in connection with which the attempt made in the article to reveal the methodological base of understanding of legal regulation processes in this field seems relevant. Methodology: dialectics, abstraction, analysis, synthesis, systemic method, formal-legal method. As a result of the research, the factors determining the specifics of the legal regulation of public relations in the scientific and technological sphere are identified. Provisions that have fundamental methodological significance for legal research in the form of conceptual ideas that determine the dialectical development of this sphere as a whole and its legal regulation in particular are substantiated. The concept of “freedom of scientific and technical creativity” was introduced as part of legal science as constitutive for the legal regulation of the scientific and technological sphere. The proposed methodology increases the heuristic ability to identify and study the specifics of the legal regulation of social relations in the scientific and technological sphere, and can also be used in the formation of a theoretical legal regulatory model. Results of a research also can be used in law-making activity, in the course of improvement of state policy in the scientific and technological sphere, in the subsequent scientific research.

Issues of Legal Priority of Copyright in the Relationship Between the Author and the Employer or Customer

“…Odatda u ilmiy-texnikaviy ijod erkinligi sifatida talqin etiladi. L.A. Gumerov ilmiy va texnikaviy ijod, ijod erkinligining mustaqil turi sifatida mavjud deb hisoblaydi va u ilmiy-texnik faoliyat sohasida muhim ahamiyatga ega deb koʻrsatadi [7]. Ilmiy texnika faoliyati inson bilish faoliyatining turi sifatida unikal natijalar izlashga, yangi nazariyalar va texnik yechimlar yaratishga, yangi obyektlarni shakllantirishga qaratilgandir.…”