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THE LAW OF THE REPUBLIC OF BELARUS ON SCIENTIFIC ACTIVITIES
THE LAW OF THE REPUBLIC OF BELARUS
No. 708-XIII of October 21, 1996
(As amended at October 17, 2005)
ON SCIENTIFIC ACTIVITIES
Unofficial translation
The present Law is aimed at creating favourable conditions for performing scientific activities, increasing the state support for science as a necessary condition for economic and social development of the Republic of Belarus, raising the intellectual and cultural standards of its citizens, enhancing the authority and independence of the state.
organization in which he works and in accordance with his qualifications;
-to participate in open competitions of research, experimental design, and development and technological works in the Republic of Belarus and abroad in the procedure established by law;
- to participate in the development of policies and priorities of the state science and technology policy, in carrying out the expertise of programs and projects, in making assessment and forecasting of the social and economic results of their implementation, in preparation of legal acts at the invitation of interested parties;
- to receive funding from research foundations and other sources not prohibited by law on a competitive basis in agreement with the employer;
-to participate in the development and implementation of international and intergovernmental scientific programs and projects in the procedure established by law;
-to participate in the training of scientific personnel of highest qualification as a scientific advisor (consultant) of the candidate for a degree;
-to take part in competitions to fill vacant posts of scientists in accordance with the law;
-to work besides their main job in the temporary scientific groups and (or) to do it as a second job in accordance with the law;
-to inform the public about the results of his(her) research activities, if they are not state secrets, commercial or other secrets protected by law, as well as to provide explanations and expert advice when invited as a specialist or expert in the procedure established by law;
-to attract and use any kinds of resources for scientific work, including physical, financial, labour, intellectual, informative and natural, in the manner and on conditions prescribed by law;
-to have a moral and economic rights on the results of its scientific activities in accordance with the law;
-to take part in scientific conferences, symposia, seminars and meetings, including international in agreement with the employer;
-to get an objective assessment of his(her) scientific activities and the corresponding wages in accordance with the law;
-to form trade unions and other associations;
-to exercise other rights in scientific activities in accordance with the law.
Researcher must:
- not violate the rights and lawful interests of other subjects of scientific activity;
-carry out scientific activities, without violating human rights and freedoms, without causing harm to life and health of others, as well as the environment;
-objectively examine the scientific programs, projects, dissertations and other research results;
-perform other duties in the field of scientific activities in accordance with the law.
The work of scientists and specialists from among the teaching staff in public bodies is counted, respectively, in research or academic teaching experience in the manner determined by the Council of Ministers of the Republic of Belarus.
Disputes arising from violations of human rights of a scientist are settled in the manner prescribed by law.
Article 10.Scientific organizations
Scientific organizations can be public or private. The change of ownership of scientific organizations is carried out in accordance with the legislation.
Scientific organizations conduct their activities in accordance with the law and the founding documents.
Scientific organizations can participate in the conduct of research, experimental design and development process works for state needs. The work is carried out on the basis of a state contract to perform research, experimental design and development process works for state needs and is funded from the budget and non-budget sources.
In the scientific organization the Academic (Science and Technology) Council is created, the order of the formation of character and competence of which is determined by law and founding documents.
The competence of the Academic (scientific and technical) Council includes:
-identifying the research area of the scientific activities of the organization;
-preparation of the recommendations on the establishment of departments to ensure compliance with the organization of works on the research area of the organization;
-evaluation of the scientific activities of structural units, temporary scientific groups, individual researchers and organizations and the adoption of the plan of research and the report on the activities of the organization;
-taking a decision on the competition for vacancies of scientists;
-other functions provided by acts of legislation and the founding documents of the organization.
The accreditation of research institutions is conducted once in five years. The accreditation of academic institutions is carried out jointly by the National Academy of Sciences of Belarus and the State Committee on Science and Technology of the Republic of Belarus on the basis of evaluating the scientific, technical and innovation activities.
The order of accreditation of scientific organizations is determined jointly by the National Academy of Sciences of Belarus, the State Committee on Science and Technology of the Republic of Belarus and the Higher Attestation Commission of Belarus.
Article 11.Temporary scientific staff
A temporary scientific group is created in order to ensure timely completion of work on advanced scientific, technical and socio-economic problems, to conduct scientific research, experimental design and development process works, aimed at the creation and development of new types of products and technologies, new organizational and technological solutions of production and socio-economic nature.
The order of the establishment and conditions of the temporary research teams are determined by the President of the Republic of Belarus.
Chapter 3
QUALIFICATIONS AND LABOUR REMUNERATION OF A SCIENTIST
Article 12.Qualification of the scientist
Qualification of the scientist is determined by:
-the presence of higher education;
-obtaining of the postgraduate education;
-the presence of degree;
- the presence of an academic status;
-the presence of the academic scientific degree of a corresponding member or a full member (Academician) of the National Academy of Sciences of Belarus;
-volume and level of scientific work carried out research and developments;
-assessments of the scientific community and experts in the relevant field.
A scientist who has a degree is recognized as a scientist of higher qualification.
Article 13.Training of scientific staff with higher qualifications
The training of highly qualified scientific specialists is conducted by institutions providing higher education, scientific and other organizations that have received the right to deal with postgraduate education in the procedure established by law.
The training of scientific staff with higher qualifications can also be conducted in foreign educational institutions and scientific organizations.
The training of highly qualified scientific specialists organized within the framework of post-graduate (post-graduate) and doctorate in order to ensure the conditions necessary for preparing and defending a dissertation for the degree of a candidate of sciences and doctor of sciences respectively. The training of scientific staff with higher qualifications may be in the form of application for those working on a dissertation out of postgraduate (post-graduate) and a doctorate.
The procedure and conditions for training of scientists of higher qualification are determined by this Law and other legislative acts.
Article 14.Councils on the defence of theses
In order to conduct the defence of theses in academic organizations and institutions providing higher education or training of the employees with higher education who have significant scientific advances in the relevant field of science and which are provided with the necessary scientific personnel of higher qualification, councils on the defence of theses are established as defined by legislation. Councils on the defence of theses conduct a detailed analysis of the content and quality of the thesis, provided for the defence; and they determine its compliance with the requirements for theses in accordance with the law.
Councils on the defence of theses are responsible for the compliance of the thesis with the chosen specialty, the quality and objectivity of its expertise, the validity of their decisions.
The order of creation, registration and activities of councils on the defence of theses and control of their performance is established by law.
Article 15 Degrees
In the Republic of Belarus the degrees of Candidate of Sciences and Doctor of Science are awarded.
Degrees awarded in other states are recognized in the Republic of Belarus in the manner prescribed by law.
The procedure of awarding degrees is determined by the President of the Republic of Belarus.
Article 16.Academic ranks
In the Republic of Belarus academic scientific ranks of corresponding member and full member (academician) of the National Academy of Sciences of Belarus, as well as academic ranks of associate professor and professor are assigned.
Academic scientific degrees are given to prominent scientists - the citizens of the Republic of Belarus on the results of elections conducted by the National Academy of Sciences of Belarus. A necessary condition for attribution of academic scientific ranks is the presence of the degree of Doctor of Sciences.
The order of attribution of scientific degrees of associate professor and professor is determined by the President of the Republic of Belarus.
Academic ranks issued in other states are recognized in the Republic of Belarus in the manner prescribed by law.
Article 17 Admission of persons for the posts of scientists and remuneration of their labour
Admission of persons for the posts of scientists is executed in accordance with labour laws, including that on the basis of a temporary employment contract after passing up the competition for the replacement of the position of a scientist or contract without going through the competition for the replacement of the position.
The procedure and conditions of the competition for the replacement of the position of a scientist are set by the Council of Ministers of the Republic of Belarus.
The remuneration of a scientist`s labour in public organizations is carried out in accordance with the law taking into account the results of his scientific work and scientific qualifications.
The remuneration of labour of temporary members of research teams is carried out on a contractual basis in accordance with legislation.
The Full Members (Academicians), corresponding members of the National Academy of Sciences of Belarus, including pensioners having the mentioned ranks, as well as doctors and candidates - employees of state organizations are given monthly surcharge for the academic status, academic ranks of associate professors and professors and academic degrees in the amount and manner prescribed by legislation.
The remuneration of a scientist`s labour and the establishment of extra pay for advanced degrees, academic ranks of associate professors and professors and academic ranks in organizations of private ownership are carried out in accordance with the law and the agreement between the employee and employer
. Chapter 4
RESULTS OF SCIENTIFIC ACTIVITY
Article 18.The results of scientific activity
The results of scientific activity are:
-new knowledge, obtained either theoretically or experimentally and (or) stated in any form or fixed on any tangible information media, allowing their reproduction and (and) practical use;
-experimental (laboratory) samples of objects and processes that are based on new knowledge, as well as documentation for these objects and processes.
The results of the scientific activities of scientists (temporary research staff, scientific organization) may be finite, intermediate and side.
The results of scientific activity, having the final character, include knowledge and (or) objects created or received as a result of research provided contract or job assignments.
The results of scientific activity, with the interim nature, include knowledge and (or) objects created or obtained during the research and provided by the contract or job assignments.
The results of scientific activity, which has a residual character, include knowledge of and (or) objects created or received during or as a result of scientific research in accordance with the contract or official job, but not specified by these documents and which are suitable for use only for purposes different from those that were specified in the contract or job assignments.
Article 19 Assessment of results of scientific activity
The assessment of the results of scientific activities is carried out in order to objectively regulate the amount of spent financial, material, intellectual and other resources, to determine the scientific and practical (economic, social, environmental, defence) usefulness of carrying out fundamental and applied research. The results of the assessment of scientific activity can be used in determining the prospects of scientific directions, making decisions about the continuation or termination of funding the work, differentiation of the amount of the funds salaries and wages, as well as the attestation of scientists.
The results of scientific activities are evaluated according to the criteria of novelty, relevance to the science and practice of objectivity, evidence and accuracy. The assessment of results of scientific activities is carried out in the manner determined by the Council of Ministers of the Republic of Belarus. Republican governments, the National Academy of Sciences of Belarus, academic foundations in making decisions on funding research, receiving the outputs of research, experimental design and development process is organized to assess the results of scientific activities.
Article 20.Exclusive rights on the results of scientific activities
The exclusive rights to the results of scientific activities and their legal protection are implemented in accordance with the law.
President of the Republic of Belarus Alexander Lukashenko
See also: LAW OF THE REPUBLIC OF BELARUS ON FUNDAMENTALS OF STATE SCIENTIFIC AND TECHNICAL POLICY
THE LAW OF THE REPUBLIC OF BELARUS ON THE NATIONAL ACADEMY OF SCIENCES OF BELARUS
© National Academy of Sciences of Belarus, 2011
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