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Chapter 2 SUBJECTS AND PARTICIPANTS OF SCIENTIFIC ACTIVITIES
Chapter 2
SUBJECTS AND PARTICIPANTS OF SCIENTIFIC ACTIVITIES
Article 7. Subjects and participants of scientific activities
Subjects of scientific activities – physical and legal persons, associations of physical and (or) legal persons engaged in scientific activities.
The subjects of scientific activities can be:
individuals;
temporary scientific teams;
scientific organizations;
institutions providing higher and postgraduate education, training and retraining.
Foreign citizens and stateless people, foreign legal entities carry out scientific activities on the territory of the Republic of Belarus as citizens and legal persons of the Republic of Belarus, unless something different is stipulated by laws and international treaties of the Republic of Belarus.
Participants of scientific activities may be individuals or legal entities who purchased the right to participate in this activity as its investors and customers in the procedure established by legislation, as well as those who carry out information, patent-licensing, software, organizational and methodological, technical support of scientific activities, as well as ensuring uniformity of measurements in the field of scientific activities.
Legal status of the subjects and participants of the scientific activities is determined by the present Law and other acts of legislation.
Article 8. The relationship between the subjects and (or) participants of scientific activities
Relations between the subjects and (or) participants of the scientific activities are based on a contractual basis or on other grounds provided by legislation.
At the conclusion of the contract the subjects and participants of scientific activities have the right to select parties to the contract, the definition of the obligations and conditions of the relationship that do not contradict the legislation.
Article 9. Scientist
Scientist – an individual who possesses the necessary qualifications and practise the scientific activities in accordance with the employment contract.
People receiving postgraduate education with full-time tuition are equated to scientists in the procedure established by legislation.
A scientist has the right:
to carry out scientific search and to choose methods of research within the areas of scientific research of the scientific organization in which he works and in accordance with his qualifications;
to participate in open competitions of scientific-research, experimental-design, and experimental-technological works in the Republic of Belarus and abroad in the procedure established by legislation;
to participate at the invitation of interested parties in the development of directions and priorities of the state scientific and technical 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;
to receive funds from science foundations and other sources not prohibited by legislation 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 legislation;
to participate in the training of scientific personnel of higher qualification as a scientific advisor (consultant) of the candidate for scientific degree;
to take part in competitions to fill vacant posts of scientists in accordance with legislation;
to work besides his (her) main job in the temporary scientific teams and (or) to do it as a second job in accordance with legislation;
to inform the public about the results of his (her) scientific 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 legislation;
to attract and use any kinds of resources for scientific activities, including physical, financial, labour, intellectual, informative and natural, in the manner and on conditions prescribed by legislation;
to have personal unproperty and property rights on the results of his (her) scientific activities in accordance with legislation;
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 legislation;
to form trade unions and other public associations;
to exercise other rights in scientific activities in accordance with legislation.
Scientist must:
not violate the rights and lawful interests of other subjects of scientific activities;
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 scientific research results;
perform other duties in the field of scientific activities in accordance with legislation.
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 legislation.
Article 10. Scientific organizations
Scientific organizations can be public or private. The change of ownership of scientific organizations is carried out in accordance with legislation.
Scientific organizations conduct their activities in accordance with legislation and the founding documents.
Scientific organizations can participate in the conduct of scientific-research, experimental-design and experimental-technological works for state needs. The work is carried out on the basis of a state contract to perform scientific-research, experimental-design and experimental-technological works for state needs and is funded from the budget and non-budget sources.
In the scientific organization the Scientific (Scientific and Technical) Council is created, the order of the formation of character and competence of which is determined by legislation and founding documents.
The competence of the Scientific (Scientific and Technical) Council includes:
identifying the subject 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 subject area of the organization;
evaluation of the scientific activities results of structural units, temporary scientific teams, individual scientists of the organization and the adoption of the plan of scientific work 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 scientific organisations is conducted once in five years. The accreditation of scientific organisations 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, scientific-technical and innovative 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 Certification Commission of the Republic of Belarus.
Article 11. Temporary scientific team
A temporary scientific team 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 experimental-technological works, aimed at the creation and assimilation of new types of products and technologies, new organizational and technical solutions of production and socio-economic nature.
The order of the establishment and conditions of the temporary research teams activities are determined by the President of the Republic of Belarus.
See also: Chapter 1 GENERAL PROVISIONS
Chapter 3 QUALIFICATION AND LABOUR REMUNERATION OF A SCIENTIST
Chapter 4 RESULTS OF SCIENTIFIC ACTIVITIES
© National Academy of Sciences of Belarus, 2011
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