- Section I. GENERAL PROVISIONS
- Section II. LEGAL STATUS OF THE SUBJECTS OF SCIENTIFIC AND SCIENTIFIC AND TECHNOLOGY ACTIVITIES
- Article 4. Subjects of Scientific and Scientific and technology Activities
- Article 5. Scientist
- Article 6. Research Worker
- Article 7. Scientific Institution
- Article 8. State Scientific Institutions
- Article 9. Rights and obligations of Manager of a Scientific Institution
- Article 10. Academic (scientific, science/technology) Council of Scientific Institution
- Article 11. State Attestation of Scientific Institutions
- Article 12. State Register of Scientific Institutions, Supported by the State
- Article 13. National Scientific Center
- Article 14. State Register of Scientific Facilities being the National Endowment
- Article15. National Academy of Science of Ukraine and Branch Academies of Science
- Articles 16. Scientific and Scientific and technology Activity in the System of Higher Education
- Article 17. Public Scientific Organizations
- Article 18. Relations of Government Authorities and Public Scientific Organizations
- Section III. STATE GUARANTEES OF SCIENTISTS’ AND RESEARCH WORKERS’ ACTIVITY
- Article 19. Training of Research Personnel and their Skills Improvement
- Article 20. Scientific Degrees and Academic Titles
- Article 21. Attestation of Research Workers
- Article 22. Legal Status of Scientific and Scientific and technology Result
- Article 22-1. Posts of Research Workers
- Article 22-2. Positions of Scientific and pedagogical Workers
- Article 22-3. Period of Scientific Work
- Article 23. Remuneration and Incentive of Research Worker’s Labor
- Article 24. Retirement and Social Security of Research scientist
- Section IV. POWERS OF THE SUBJECT OF STATE REGULATION AND ADMINISTRATION IN THE FIELD OF SCIENTIFIC AND SCIENTIFIC AND TECHNOLOGY ACTIVITIES
- Article 25. Powers of the Verkhovna Rada of Ukraine in the field of scientific and scientific and technology activities
- Article 26. Powers of the President of Ukraine in the Field of Scientific and Scientific and technology Activities
- Article 27. Powers of the Cabinet of ministers of Ukraine in the Field of Scientific and Scientific and technology Activities
- Article 28. Powers of the Central Executive Authority in the Field of Scientific, Scientific and technology and Innovation Activities
- Article 29. Powers of other Central Executive Authorities in the Field of Scientific and Scientific and technology Activities
- Article 30. Powers of the Verkhovna Rada of Autonomous Republic of Crimea, Local Councils, Council of Ministers of the Autonomous Republic of Crimea, Local Executive Authorities
- Section V. FORMS AND METHODS OF STATE REGULATION AND ADMINISTRATION IN THE FIELD OF SCIENTIFIC AND SCIENTIFIC AND TECHNOLOGY ACTIVITIES
- Article 31. Tasks and Directions of the State Policy in the Field of Scientific and Scientific and technology Activities
- Article 32. Major Principles of State Administration and Regulation in the Field of Scientific and Scientific and technology Activities
- Article 33. Financial-Credit and Tax Levers for State Regulation in the Field of Scientific and Scientific and technology Activities
- Article 34. Budget Financing of Scientific and Scientific and technology Activities
- Article 35. State Fund of Fundamental Research
- Article 36. State Target Scientific and Scientific and technology Programs in the Field of Scientific and Scientific and technology Activities
- Article 37. State Order for Scientific and technology Products
- Article 38. State Innovation Fund
- Article 39. Ensuring of Scientific Human Resources Development
- Article 40. Scientific and Scientific and technology Expertise
- Article 41. System of Scientific and technology Information
- Article 42. Intellectual Property Rights Protection
- Article 43. Standardization, Metrological Support and Certification in the Field of Scientific and Scientific and technology Activities
- Article 44. State Support of International Scientific and Scientific and technology Collaboration
- Section VI. FINAL PROVISIONS
LAW OF UKRAINE
On Scientific and Scientific and Technology Activities
As amended and supplemented by the Resolutions of the Cabinet of Ministers of Ukraine No. 12-92 dated December 26, 1992 No. 23-92 dated December 31, 1992 No. 15-93 dated February 19, 1993 Laws of Ukraine No.183/94-VR dated September 23, 1994 No. 75/95-VR dated February 28, 1995 No. 498/95-VR dated December 22, 1995 No. 608/96-VR dated December 17, 1996 No. 284-XIV dated December 1, 1998 (Law of Ukraine No. 284-XIV dated December 1, 1998 this Law was stated in a new version), No. 1646-III dated April 6, 2000 No. 2905-III dated December 20, 2001 No. 3065-III dated February 7, 2002 No. 380-IV dated December 26, 2002 No. 581-IV dated February 20, 2003 No. 860-IV dated May 22, 2003 No. 1096-IV dated July 10, 2003 No. 1316-IV dated November 20, 2003 No.1344-IV dated November 27, 2003 No. 1377-IV dated December 11, 2003 No. 1407-IV dated February 3, 2004 No. 2094-IV dated October 19, 2004 No. 2261-IV dated December 16, 2004 No. 3108-IV dated November 17, 2005 No. 3421-IV dated February 9, 2006 No. 190-V dated September 22, 2006 No. 489-V December 19, 2006
(Amendments introduced by the Law of Ukraine No. 1646-III dated April 6, 2000 regarding scientific (science/pedagogical) personnel, who do not hold a scientific degree or academic title shall come into effect after the Law of Ukraine “On State Budget of Ukraine” for the year 2002) comes into force
(It was determined that from January 1, 2007 the maximum amount of pension or monthly lifetime cash allowance (with taking into consideration of increments, augmentations, additional pensions, targeted cash assistance, pensions for special merits before Ukraine and other pension supplements, set out by the legislation), allocated (transferred) in the years 2006 -2007 in accordance with the present Law cannot exceed 12 minimum retirement pensions, establishedby indent one, paragraph one of Article 28 of the Law of Ukraine “On Obligatory State Pension Insurance”, according to the Law of Ukraine No. 489-V dated December 19, 2006) (It was determined that in the year 2007 for working pensioners, subject to the presentLaw, the retirement pension assigned in advance (with taking into consideration of subparagraph "г" point 1 of Article 26 of the Law of Ukraine “On Employment of Population”, subparagraph "в" in paragraph two of Article 12 of The Law of Ukraine “On general principles of further Chernobyl NPP operation and decommissioning and destroyed fourth Unit of this NPP transformation into ecologically safe system ” and Article 21 of the Law of Ukraine “On General Principles of Social Protection of Labor Veterans and other Citizens of Advanced Age in Ukraine”) for the period before reaching of retirement age, envisaged by the legislation for corresponding category of people, shall not be paid according to the Law of Ukraine No. 489-V dated December 19, 2006) (It was determined that in the year 2007 retirement pension according to the present Law shall be paid only in the case of reaching of retirement age, envisaged by Article 26 of the Law of Ukraine “On Obligatory State Pension Insurance” according to the Law of Ukraine No. 489-V dated December 19, 2006)
(In the text of the Law the words “Ministry of Economy of Ukraine” in all cases shall be replaced by the words “central executive authority in the field of economic policy” in appropriate case according to the Law of Ukraine No. 860-IV dated May 22, 2003)
(In the text of the Law the words “Ministry of Ukraine for Science and Technology” in all cases shall be replaced by the words “central executive authority in the field of scientific, scientific and technology and innovation activity” in appropriate case according to the Law of Ukraine No. 2261-IV dated December 16, 2004)
This Law sets out legal, organizational, and financial principles of the operation and the development of the science and technology, creates conditions for the scientific and scientific and technology activities, and the satisfaction of technology development needs of the society and the state.
The science and technology development is a determining factor of the advancement of the society, the enhancement of its well-being, the spiritual and intellectual development of its members. This makes it necessary to provide the state support on a priority basis to the development of the science as a source of the economic growth and an integral component of the national culture and education, the creation of conditions for the realization of the intellectual potential of individuals in the field of scientific and scientific and technology activities, the targeted policy in the field of securing the utilization of achievements of the domestic and international science and technology for the satisfaction of social, economic, cultural and other needs.
Section I. GENERAL PROVISIONS
Article 1. Main Terms and Definitions
The terms used herein shall have the following meanings:
scientific activities - the intellectual creative activities focused on the obtainment and the utilization of the new knowledge. The fundamental research and applied scientific research are major forms thereof;
scientific and technology activities - the intellectual creative activities focused on the obtainment and the utilization of the new knowledge in all areas of engineering and technology. Its major forms (types) shall be the scientific research, research and engineering, design and engineering, process, survey and design/survey work, manufacture of test samples or batches of scientific and technology products, as well as the other work associated with bringing the scientific and scientific and technology knowledge to the stage of the practical utilization thereof;
scientific and pedagogical activity – the pedagogical activities carried out at higher educational institutions and postgraduate institutions of 3rd and 4th accreditation levels, related to scientific and/or scientific and technology activities;
science/organizational activities – the activities focused on methodical and organizational support, as well as at coordination of scientific, scientific and technology and scientific and pedagogical activity;
(Article 1 amended by adding indents four and five according to the Law of Ukraine No. 1646-III dated April 06, thereby indents four-eleven shall be considered
correspondingly as indents six-thirteen)
fundamental scientific researches – the scientific theoretical and/or experimental activities focused on obtainment of the new knowledge regarding principles of development of nature, society, human being and their interrelation;
applied scientific researches – the scientific and scientific and technology activities focused on obtainment and utilization of the knowledge for practical purposes;
scientist – an individual (the citizen of Ukraine, foreign citizen or an individual without citizenship), who holds complete higher education and carries out fundamental and/or applied scientific researches and obtains scientific and/or scientific and technology results;
(indent eight of Article 1 amended by the
Laws of Ukraine No.1646-III dated April 06,2000 No. 1316-IV dated November 20, 2003)
young scientist – a scientist under 35 years old;
(Article 1 amended by adding new indent nine according to the Law of Ukraine No. 581-IV dated February 20, 2003 thereby indents nine-fourteen shall be considered correspondingly as indents ten-fifteen)
research scientist – a scientist, who by his/her primary work location and according to the labor agreement (contract) professionally practices scientific, scientific and technology or scientific and pedagogical activities and holds appropriate qualification, approved by the results of attestation, regardless of existence of scientific degree or academic title;
(indent ten of Article 1 as amended by
the Law of Ukraine No. 1646-III dated April 06)
scientific and pedagogical worker - a scientist, who by his/her primary work location professionally practices pedagogic and scientific and technology activities at higher and postgraduate educational institutions of 3rd - 4th accreditation levels;
(Article 1 amended by adding of new indent eleven according to the Law of Ukraine No. 1646-III dated April 06, 2000 thereby indents ten-thirteen shall be correspondingly considered as indents eleven-fourteen)
science/research (science/technology) institution – a legal entity regardless of type of ownership, established according to the procedure set out by the current legislation, for which scientific and scientific and technology activities is the principal activity and makes over 70 percent of general annual amount of accomplished work;
scientific work – the research with the purpose of scientific result obtainment;
scientific result – the new knowledge obtained in the process of fundamental or applied scientific researches and documented on the scientific information media in the form of report, scientific work, scientific paper, scientific statement on scientific and research activities, monographic research, scientific discovery etc.;
scientific applied result – the new structural or technological concept, experimental model, accomplished test and/or development, which is or could be introduced into social practice. Scientific applied result could be presented in the form of report, draft project, construction or production documentation regarding scientific and technology product, full-scale specimens etc.
Article 2. Purpose and tasks
The purpose of this Law is regulation of relations, coming from scientific and scientific and technology activities and providing conditions necessary for efficiency improvement of scientific researches and utilization of the results thereof for development of all areas of social life.
The main tasks of the Law are definition of:
legal status of subjects of the scientific and scientific and technology activities, material and moral stimuli ensuring prestige and priority of this sphere of people's activity, attraction to it of intellectual potential of nation;
economic, social and legal guarantees of scientific and scientific and technology activities and freedom of scientific work;
primary targets, directions and principles of the state policy in the area of scientific and scientific and technology activities;
powers of governmental authorities concerning implementation of government regulation and administration in the field of scientific and scientific and technology activities.
Article 3. Legislation of Ukraine on Scientific and Scientific and technology Activities
Legislation of Ukraine on scientific and scientific and technology activities consists of the present Law and other regulatory legal acts, which cover relations, arising in the process of the above mentioned activity.
Section II. LEGAL STATUS OF THE SUBJECTS OF SCIENTIFIC AND SCIENTIFIC AND TECHNOLOGY ACTIVITIES
Article 4. Subjects of Scientific and Scientific and technology Activities
The following shall be the subjects of scientific and scientific and technology activities: scientists, research workers, scientific and pedagogical workers, scientific institutions, scientific organizations, higher educational institutions of 3rd - 4th accreditation levels and public organizations working in the area of scientific and scientific and technology activities (named hereinafter to as public scientific organizations).
Article 5. Scientist
Scientist is a principal subject of scientific and scientific and technology activities
Scientist shall have right to:
choose the directions and methods of scientific and scientific research activity in accordance with his/ her interests, creative abilities and the principles of humanism;
cooperate with other scientists within permanent or temporary scientific groups for joint scientific and scientific and technology activities;
participate in scientific research competitions, financed out of the funds of the State Budget of Ukraine and other sources according to the current legislation of Ukraine;
receive recognition of authorship regarding scientific and scientific and technology results of his/her activity;
publish results of his/her researches or disclose them in the other way according to the procedure set out by the current legislation of Ukraine;
participate in the competitions to fill the vacancy of scientific and science/pedagogic workers;
receive, transmit and distribute scientific information;
receive state and public recognition in relation with awarding of scientific degrees, academic titles, premiums, honorary titles for scientific and technological contributions, manufacturing application of scientific and scientific and technology results and for training for scientific personnel.
Scientist during carrying out of scientific and scientific and technology activities shall be obliged to:
bring no harm to human health, life and environment;
adhere to ethical norms of scientific community and to respect the right of intellectual property.
Article 6. Research Worker
Research scientist can carry out science/research, science/pedagogical, research/engineering, research/technological, project/designing, project/technological, investigation and project/investigation work and/or organize carrying out of the above mentioned works at scientific institutions, higher educational institutions of 3rd - 4th accreditation levels and/or laboratories of the enterprises.
Research scientist shall have right to:
be a part of trade unions and participate in activity of public organizations and political parties;
give a motivated refusal to participate in scientific (science/technology) activity, which can result to negative consequences for human being, society or environment;
receive material support for investigations out of the State Budget of Ukraine and other financial sources according to the current legislation of Ukraine;
receive personal and other scholarships and premiums, set out by the state, legal entities and individuals;
objective estimation of his/her activity and obtaining of remuneration according to qualification, scientific results, quality and complexity of the accomplished work, and to gain income or other remuneration from implementation of scientific or scientific applied result of his/her activity;
carry out training activity, render consultative assistance and act as an expert according to the current legislation of Ukraine;
carry out business activity according to the current legislation of Ukraine.
Research scientist shall be obliged to:
carry out scientific researches according to the signed agreements (contracts);
represent the results of scientific and scientific and technology activities by means of scientific reports, publications and theses’ defense;
pass attestation for adequacy for the job according to the established procedure;
constantly upgrade his/her skills.
Employment of research workers shall take place according to the result of competitive selection.
Research scientist cannot be forced to carry out scientific researches, if they or results thereof bring or could bring to negative consequences for human health, life and/or for environment, he/she cannot be hold accountable for denial to participate in the above mentioned researches.
Article 7. Scientific Institution
Scientific institution acts on the basis of the statute (regulation), approved according to the established procedure.
Manager of scientific institution shall exercise control of its activity.
Manager of a scientific institution, as a rule, shall be elected by secret voting at the meeting of research scientists for the term determined by the statute (regulation) of a scientific institution and shall be approved by the owner of scientific institution or its authorized body, if otherwise is not set out by the statute (regulation) of scientific institution.
Managers of structural subdivisions of scientific institution shall be elected for the posts according to the result of competitive selection, pursuant to the procedure, set out by the statute (regulation) of the above mentioned institutions.
Article 8. State Scientific Institutions
State scientific institutions shall be scientific institutions, established on the basis of state ownership.
State scientific institutions shall be established, reorganized and liquidated according to the procedure set out by the Cabinet of Ministers of Ukraine, if otherwise is not set out by the legislation.
Land plots shall be transmitted on a permanent basis to the state scientific institutions according to the current legislation of Ukraine.
Article 9. Rights and obligations of Manager of a Scientific Institution
Manager of scientific institution shall:
decide the issues related to its activity according to the statutory goals;
represent scientific institution before the bodies of state power and local self-government authorities, enterprises, establishments and organizations of all ownership types;
be responsible for the results of scientific institution’s activity before the owner or his/her authorized body;
issue orders and decrees within his/her competence;
determine employees’ spheres of action;
appoint a part of composition of academic (scientific, science/technology) council of scientific institution;
exercise other powers, envisaged by the statute (regulation) of scientific institution.
Manager of scientific institution annually shall render an account to the group of research workers regarding his/her activity.
Article 10. Academic (scientific, science/technology) Council of Scientific Institution
Academic (scientific, science/technology) council of scientific institution is a collegial advisory body, managing scientific and scientific and technology activities of scientific institution.
Quantitative composition of academic (scientific, science/technology) council of scientific institution shall be determined by the statute (regulation) of scientific institution. At least three fourth of the composition of academic (scientific, science/technology) council of scientific institution shall be elected by secret voting of the group of research workers, and the rest of membership shall be appointed by the manager of the mentioned scientific institution.
Manager of scientific institution, his/her assistants and academic secretary of scientific institution shall be the members of academic (scientific, science/technology) council of scientific institution according to their posts.
In order to represent the interests of employees, a head of primary trade union organization (trade union representative) can be a member of academic (scientific, science/technology) council of scientific institution (upon agreement).
(paragraph four of Article 10 amended according
to the Laws of Ukraine No. 1096-IV dated July 10, 2003)
Academic (scientific, science/technology) council of scientific institution shall:
determine prospective lines of scientific and scientific and technology activity;
carry out scientific and scientific and technology assessment of the lines and results of scientific and research works;
consider and approve current plans of scientific researches;
approve the topics of candidates’ and post graduate students’ theses and their research advisors (consultants);
approve the results of research workers’ attestation;
elect on a competitive basis research workers to fill the vacancy;
consider issues within its competence regarding awarding of scientific degrees;
solve other issues of scientific institution’s activity, determined by its statute (regulation).
Special academic councils could be established at scientific institution for defense of theses by corresponding specialties according to the procedure, envisaged by the current legislation of Ukraine.
Article 11. State Attestation of Scientific Institutions
In order to assess the efficiency of activity of scientific institutions, conformity of results obtained by them to the state scientific and technology priorities and tasks of scientific and technology development and in order to determine the necessity of their provision with the state support, state attestation of scientific institutions shall be carried out according to the procedure, established by the Cabinet of Ministers of Ukraine.
As amended and supplemented by the Resolutions of the Cabinet of Ministers of Ukraine No. 12-92 dated December 26, 1992 No. 23-92 dated December 31, 1992 No. 15-93 dated February 19, 1993 Laws of Ukraine No.183/94-VR dated September 23, 1994 No. 75/95-VR dated February 28, 1995 No. 498/95-VR dated December 22, 1995 No. 608/96-VR dated December 17, 1996 No. 284-XIV dated December 1, 1998 (Law of Ukraine No. 284-XIV dated December 1, 1998 this Law was stated in a new version), No. 1646-III dated April 6, 2000 No. 2905-III dated December 20, 2001 No. 3065-III dated February 7, 2002 No. 380-IV dated December 26, 2002 No. 581-IV dated February 20, 2003 No. 860-IV dated May 22, 2003 No. 1096-IV dated July 10, 2003 No. 1316-IV dated November 20, 2003 No.1344-IV dated November 27, 2003 No. 1377-IV dated December 11, 2003 No. 1407-IV dated February 3, 2004 No. 2094-IV dated October 19, 2004 No. 2261-IV dated December 16, 2004 No. 3108-IV dated November 17, 2005 No. 3421-IV dated February 9, 2006 No. 190-V dated September 22, 2006 No. 489-V December 19, 2006 (Amendments introduced by the Law of Ukraine No. 1646-III dated April 6, 2000 regarding scientific (science/pedagogical) personnel, who do not hold a scientific degree or academic title shall come into effect after the Law of Ukraine “On State Budget of Ukraine” for the year 2002) comes into force (It was determined that from January 1, 2007 the maximum amount of pension or monthly lifetime cash allowance (with taking into consideration of increments, augmentations, additional pensions, targeted cash assistance, pensions for special merits before Ukraine and other pension supplements, set out by the legislation), allocated (transferred) in the years 2006 -2007 in accordance with the present Law cannot exceed 12 minimum retirement pensions, establishedby indent one, paragraph one of Article 28 of the Law of Ukraine “On Obligatory State Pension Insurance”, according to the Law of Ukraine No. 489-V dated December 19, 2006) (It was determined that in the year 2007 for working pensioners, subject to the presentLaw, the retirement pension assigned in advance (with taking into consideration of subparagraph "г" point 1 of Article 26 of the Law of Ukraine “On Employment of Population”, subparagraph "в" in paragraph two of Article 12 of The Law of Ukraine “On general principles of further Chernobyl NPP operation and decommissioning and destroyed fourth Unit of this NPP transformation into ecologically safe system ” and Article 21 of the Law of Ukraine “On General Principles of Social Protection of Labor Veterans and other Citizens of Advanced Age in Ukraine”) for the period before reaching of retirement age, envisaged by the legislation for corresponding category of people, shall not be paid according to the Law of Ukraine No. 489-V dated December 19, 2006) (It was determined that in the year 2007 retirement pension according to the present Law shall be paid only in the case of reaching of retirement age, envisaged by Article 26 of the Law of Ukraine “On Obligatory State Pension Insurance” according to the Law of Ukraine No. 489-V dated December 19, 2006)
(In the text of the Law the words “Ministry of Economy of Ukraine” in all cases shall be replaced by the words “central executive authority in the field of economic policy” in appropriate case according to the Law of Ukraine No. 860-IV dated May 22, 2003) (In the text of the Law the words “Ministry of Ukraine for Science and Technology” in all cases shall be replaced by the words “central executive authority in the field of scientific, scientific and technology and innovation activity” in appropriate case according to the Law of Ukraine No. 2261-IV dated December 16, 2004)
This Law sets out legal, organizational, and financial principles of the operation and the development of the science and technology, creates conditions for the scientific and scientific and technology activities, and the satisfaction of technology development needs of the society and the state.
The science and technology development is a determining factor of the advancement of the society, the enhancement of its well-being, the spiritual and intellectual development of its members. This makes it necessary to provide the state support on a priority basis to the development of the science as a source of the economic growth and an integral component of the national culture and education, the creation of conditions for the realization of the intellectual potential of individuals in the field of scientific and scientific and technology activities, the targeted policy in the field of securing the utilization of achievements of the domestic and international science and technology for the satisfaction of social, economic, cultural and other needs.
The terms used herein shall have the following meanings:
scientific activities - the intellectual creative activities focused on the obtainment and the utilization of the new knowledge. The fundamental research and applied scientific research are major forms thereof;
scientific and technology activities - the intellectual creative activities focused on the obtainment and the utilization of the new knowledge in all areas of engineering and technology. Its major forms (types) shall be the scientific research, research and engineering, design and engineering, process, survey and design/survey work, manufacture of test samples or batches of scientific and technology products, as well as the other work associated with bringing the scientific and scientific and technology knowledge to the stage of the practical utilization thereof;
scientific and pedagogical activity – the pedagogical activities carried out at higher educational institutions and postgraduate institutions of 3rd and 4th accreditation levels, related to scientific and/or scientific and technology activities;
science/organizational activities – the activities focused on methodical and organizational support, as well as at coordination of scientific, scientific and technology and scientific and pedagogical activity;
(Article 1 amended by adding indents four and five according to the Law of Ukraine No. 1646-III dated April 06, thereby indents four-eleven shall be considered
correspondingly as indents six-thirteen)
fundamental scientific researches – the scientific theoretical and/or experimental activities focused on obtainment of the new knowledge regarding principles of development of nature, society, human being and their interrelation;
applied scientific researches – the scientific and scientific and technology activities focused on obtainment and utilization of the knowledge for practical purposes;
scientist – an individual (the citizen of Ukraine, foreign citizen or an individual without citizenship), who holds complete higher education and carries out fundamental and/or applied scientific researches and obtains scientific and/or scientific and technology results;
(indent eight of Article 1 amended by the
Laws of Ukraine No.1646-III dated April 06,2000 No. 1316-IV dated November 20, 2003)
young scientist – a scientist under 35 years old;
(Article 1 amended by adding new indent nine according to the Law of Ukraine No. 581-IV dated February 20, 2003 thereby indents nine-fourteen shall be considered correspondingly as indents ten-fifteen)
research scientist – a scientist, who by his/her primary work location and according to the labor agreement (contract) professionally practices scientific, scientific and technology or scientific and pedagogical activities and holds appropriate qualification, approved by the results of attestation, regardless of existence of scientific degree or academic title;
(indent ten of Article 1 as amended by
the Law of Ukraine No. 1646-III dated April 06)
scientific and pedagogical worker - a scientist, who by his/her primary work location professionally practices pedagogic and scientific and technology activities at higher and postgraduate educational institutions of 3rd - 4th accreditation levels;
(Article 1 amended by adding of new indent eleven according to the Law of Ukraine No. 1646-III dated April 06, 2000 thereby indents ten-thirteen shall be correspondingly considered as indents eleven-fourteen)
science/research (science/technology) institution – a legal entity regardless of type of ownership, established according to the procedure set out by the current legislation, for which scientific and scientific and technology activities is the principal activity and makes over 70 percent of general annual amount of accomplished work;
scientific work – the research with the purpose of scientific result obtainment;
scientific result – the new knowledge obtained in the process of fundamental or applied scientific researches and documented on the scientific information media in the form of report, scientific work, scientific paper, scientific statement on scientific and research activities, monographic research, scientific discovery etc.;
scientific applied result – the new structural or technological concept, experimental model, accomplished test and/or development, which is or could be introduced into social practice. Scientific applied result could be presented in the form of report, draft project, construction or production documentation regarding scientific and technology product, full-scale specimens etc.
The purpose of this Law is regulation of relations, coming from scientific and scientific and technology activities and providing conditions necessary for efficiency improvement of scientific researches and utilization of the results thereof for development of all areas of social life.
The main tasks of the Law are definition of:
legal status of subjects of the scientific and scientific and technology activities, material and moral stimuli ensuring prestige and priority of this sphere of people's activity, attraction to it of intellectual potential of nation;
economic, social and legal guarantees of scientific and scientific and technology activities and freedom of scientific work;
primary targets, directions and principles of the state policy in the area of scientific and scientific and technology activities;
powers of governmental authorities concerning implementation of government regulation and administration in the field of scientific and scientific and technology activities.
Legislation of Ukraine on scientific and scientific and technology activities consists of the present Law and other regulatory legal acts, which cover relations, arising in the process of the above mentioned activity.
The following shall be the subjects of scientific and scientific and technology activities: scientists, research workers, scientific and pedagogical workers, scientific institutions, scientific organizations, higher educational institutions of 3rd - 4th accreditation levels and public organizations working in the area of scientific and scientific and technology activities (named hereinafter to as public scientific organizations).
Scientist is a principal subject of scientific and scientific and technology activities
Scientist shall have right to:
choose the directions and methods of scientific and scientific research activity in accordance with his/ her interests, creative abilities and the principles of humanism;
cooperate with other scientists within permanent or temporary scientific groups for joint scientific and scientific and technology activities;
participate in scientific research competitions, financed out of the funds of the State Budget of Ukraine and other sources according to the current legislation of Ukraine;
receive recognition of authorship regarding scientific and scientific and technology results of his/her activity;
publish results of his/her researches or disclose them in the other way according to the procedure set out by the current legislation of Ukraine;
participate in the competitions to fill the vacancy of scientific and science/pedagogic workers;
receive, transmit and distribute scientific information;
receive state and public recognition in relation with awarding of scientific degrees, academic titles, premiums, honorary titles for scientific and technological contributions, manufacturing application of scientific and scientific and technology results and for training for scientific personnel.
Scientist during carrying out of scientific and scientific and technology activities shall be obliged to:
bring no harm to human health, life and environment;
adhere to ethical norms of scientific community and to respect the right of intellectual property.
Research scientist can carry out science/research, science/pedagogical, research/engineering, research/technological, project/designing, project/technological, investigation and project/investigation work and/or organize carrying out of the above mentioned works at scientific institutions, higher educational institutions of 3rd - 4th accreditation levels and/or laboratories of the enterprises.
Research scientist shall have right to:
be a part of trade unions and participate in activity of public organizations and political parties;
give a motivated refusal to participate in scientific (science/technology) activity, which can result to negative consequences for human being, society or environment;
receive material support for investigations out of the State Budget of Ukraine and other financial sources according to the current legislation of Ukraine;
receive personal and other scholarships and premiums, set out by the state, legal entities and individuals;
objective estimation of his/her activity and obtaining of remuneration according to qualification, scientific results, quality and complexity of the accomplished work, and to gain income or other remuneration from implementation of scientific or scientific applied result of his/her activity;
carry out training activity, render consultative assistance and act as an expert according to the current legislation of Ukraine;
carry out business activity according to the current legislation of Ukraine.
Research scientist shall be obliged to:
carry out scientific researches according to the signed agreements (contracts);
represent the results of scientific and scientific and technology activities by means of scientific reports, publications and theses’ defense;
pass attestation for adequacy for the job according to the established procedure;
constantly upgrade his/her skills.
Employment of research workers shall take place according to the result of competitive selection.
Research scientist cannot be forced to carry out scientific researches, if they or results thereof bring or could bring to negative consequences for human health, life and/or for environment, he/she cannot be hold accountable for denial to participate in the above mentioned researches.
Scientific institution acts on the basis of the statute (regulation), approved according to the established procedure.
Manager of scientific institution shall exercise control of its activity.
Manager of a scientific institution, as a rule, shall be elected by secret voting at the meeting of research scientists for the term determined by the statute (regulation) of a scientific institution and shall be approved by the owner of scientific institution or its authorized body, if otherwise is not set out by the statute (regulation) of scientific institution.
Managers of structural subdivisions of scientific institution shall be elected for the posts according to the result of competitive selection, pursuant to the procedure, set out by the statute (regulation) of the above mentioned institutions.
State scientific institutions shall be scientific institutions, established on the basis of state ownership.
State scientific institutions shall be established, reorganized and liquidated according to the procedure set out by the Cabinet of Ministers of Ukraine, if otherwise is not set out by the legislation.
Land plots shall be transmitted on a permanent basis to the state scientific institutions according to the current legislation of Ukraine.
Manager of scientific institution shall:
decide the issues related to its activity according to the statutory goals;
represent scientific institution before the bodies of state power and local self-government authorities, enterprises, establishments and organizations of all ownership types;
be responsible for the results of scientific institution’s activity before the owner or his/her authorized body;
issue orders and decrees within his/her competence;
determine employees’ spheres of action;
appoint a part of composition of academic (scientific, science/technology) council of scientific institution;
exercise other powers, envisaged by the statute (regulation) of scientific institution.
Manager of scientific institution annually shall render an account to the group of research workers regarding his/her activity.
Academic (scientific, science/technology) council of scientific institution is a collegial advisory body, managing scientific and scientific and technology activities of scientific institution.
Quantitative composition of academic (scientific, science/technology) council of scientific institution shall be determined by the statute (regulation) of scientific institution. At least three fourth of the composition of academic (scientific, science/technology) council of scientific institution shall be elected by secret voting of the group of research workers, and the rest of membership shall be appointed by the manager of the mentioned scientific institution.
Manager of scientific institution, his/her assistants and academic secretary of scientific institution shall be the members of academic (scientific, science/technology) council of scientific institution according to their posts.
In order to represent the interests of employees, a head of primary trade union organization (trade union representative) can be a member of academic (scientific, science/technology) council of scientific institution (upon agreement).
(paragraph four of Article 10 amended according
to the Laws of Ukraine No. 1096-IV dated July 10, 2003)
Academic (scientific, science/technology) council of scientific institution shall:
determine prospective lines of scientific and scientific and technology activity;
carry out scientific and scientific and technology assessment of the lines and results of scientific and research works;
consider and approve current plans of scientific researches;
approve the topics of candidates’ and post graduate students’ theses and their research advisors (consultants);
approve the results of research workers’ attestation;
elect on a competitive basis research workers to fill the vacancy;
consider issues within its competence regarding awarding of scientific degrees;
solve other issues of scientific institution’s activity, determined by its statute (regulation).
Special academic councils could be established at scientific institution for defense of theses by corresponding specialties according to the procedure, envisaged by the current legislation of Ukraine.
In order to assess the efficiency of activity of scientific institutions, conformity of results obtained by them to the state scientific and technology priorities and tasks of scientific and technology development and in order to determine the necessity of their provision with the state support, state attestation of scientific institutions shall be carried out according to the procedure, established by the Cabinet of Ministers of Ukraine.
Section I. GENERAL PROVISIONS
Article 1. Main Terms and Definitions
Article 2. Purpose and tasks
Article 3. Legislation of Ukraine on Scientific and Scientific and technology Activities
Section II. LEGAL STATUS OF THE SUBJECTS OF SCIENTIFIC AND SCIENTIFIC AND TECHNOLOGY ACTIVITIES
Article 4. Subjects of Scientific and Scientific and technology Activities
Article 5. Scientist
Article 6. Research Worker
Article 7. Scientific Institution
Article 8. State Scientific Institutions
Article 9. Rights and obligations of Manager of a Scientific Institution
Article 10. Academic (scientific, science/technology) Council of Scientific Institution
Article 11. State Attestation of Scientific Institutions