LEGAL BARRIERS TO THE IMPLEMENTATION OF THE OPEN SCIENCE PRINCIPLE: A COMPARATIVE ANALYSIS OF EUROPEAN UNION AND UKRAINIAN LEGISLATION

Abstract

This article examines legal barriers to implementing the open science principle in Ukraine through a comparative analysis with European Union legislation. The study aims to identify systemic legal obstacles and substantiate directions for harmonising Ukrainian legislation with EU acquis. The paper analyses key EU directives (Directive (EU) 2019/1024 on open data and Directive (EU) 2019/790 on copyright in the Digital Single Market), Horizon Europe requirements, UNESCO's 2021 Recommendation on Open Science, and recent Ukrainian legislative initiatives. Findings indicate terminological inconsistencies, copyright regulation gaps (including the absence of text and data mining exceptions and unresolved orphan works), fragmented institutional infrastructure, and insufficient mandatory financial incentives. The study substantiates the need to adopt a comprehensive open science law, implement relevant EU directives, establish national open data infrastructure, and integrate into the European Open Science Cloud (EOSC).