of August 15, 2009 No. 52-IV
About the status of the scientist
This Law determines the rights, obligations and responsibility of scientists, criteria for evaluation of their qualification, and also obligation of public authorities of Turkmenistan by providing guarantees of free scientific creativity and social protection of scientists, increase in prestige of scientific activities.
In this Law the following basic concepts are applied:
1) the status of the scientist - the scientist's provision in Turkmenistan which is determined:
- the state assessment of level of his competence, responsible, creative and effective fulfillment of functional obligations by it in case of accomplishment of tasks of scientific activities;
- social protection of the scientist from the state characterized by provision to it necessary legal guarantees and conditions for fruitful work, the material and moral incentives directed to successful goal achievement and tasks which are set for it by the state;
2) the scientist - person having the higher education having necessary qualification and which is professionally engaged in research, scientific and technical activities and (or) experimental developments (further - scientific activities);
3) research activities - the activities directed to obtaining and use of new knowledge including:
- basic scientific research - the researches directed to receipt of new knowledge of the main patterns of structure, functioning and development of the person, society, the surrounding environment;
- applied scientific research - the researches directed mainly to use of new knowledge for achievement of the practical purposes and the solution of specific objectives;
4) scientific and technical activities - the activities directed to obtaining and use of new knowledge for the solution of technological, engineering, economic, social, humanitarian and other problems, ensuring functioning of science, the equipment and production as single system;
5) experimental developments - the activities based on knowledge gained as a result of carrying out scientific research or on the basis of practical experience, and directed to their adaptation, check, further enhancement for practical use;
6) qualification of the scientist - the extent of professional training which is expressed in the level of knowledge, skills and experience necessary for accomplishment of scientific activities.
The legislation of Turkmenistan on the status of the scientist is based on the Constitution of Turkmenistan, consists of this Law and other regulatory legal acts of Turkmenistan regulating questions of the status of the scientist.
1. Are equated to scientists:
- the employees of the scientific organizations (organizations, the companies) who are engaged in scientific activities;
- the workers of higher educational institutions participating in scientific activities;
- the persons which are studying in postgraduate study, graduate military course, doctoral studies and (or) being job seekers;
- the employees of the organizations (organizations, the companies) of unscientific profile participating in scientific activities within the international, state or industry scientific and technical programs and projects;
- the physical persons performing independent scientific activities.
2. Qualification of the scientist is determined:
- availability of the higher education;
- passing of special scientific preparation (postgraduate study, graduate military course, doctoral studies, competition);
- availability of academic degree;
- availability of academic status;
- availability of academic status of the corresponding member or full member (academician) of Academy of Sciences of Turkmenistan;
- availability of the honorary titles and awards appropriated for scientific achievements;
- in amount of the published works, the performed researches and developments;
- estimates of scientific community and specialists in the corresponding knowledge domain.
3. The legal basis and criteria for evaluation of skill level of scientists are determined according to the procedure, established by the Cabinet of Ministers of Turkmenistan.
4. Scientists of the state scientific organizations (organizations, the companies) periodically according to the procedure, established by state body science, undergo the certification for confirmation of qualification and effectiveness of the activities performed by the certifying commission created in the scientific organization (organization, the company).
The scientist has the right to appeal results of certification according to the legislation of Turkmenistan.
1. Each citizen, irrespective of economic and social position, racial and national identity, origin, sex, age, the relation to religion and religion, language, political and other convictions, place of employment and residence has right to liberty of scientific activities.
2. The scientist is free in the choice of the direction, subject and methods of research, is guided by the scientific interest and the requirement of humanization of science, bears maintenance responsibility, reliability and effects of realization of results of scientific activities.
Scientific activities shall not do harm to society and the environment, to threaten life and human health.
3. For reasons of state security, ensuring defense of the country and ecological safety separate types of scientific activities can be prohibited or limited.
The list of such works and procedure for their carrying out are established by the Cabinet of Ministers of Turkmenistan.
The scientist has the right:
- be engaged in any kind of scientific activities, including the independent scientific activities which are not prohibited by the legislation of Turkmenistan;
- participate in tender on financing of scientific research at the expense of the means of the Government budget of Turkmenistan, funds of support of scientific activities and other sources which are not prohibited by the legislation of Turkmenistan;
- perform scientific search and choose methods of researches within the directions of researches of the scientific organization (organization, the company) in which it works, and according to the qualification;
- take part in determination of the purposes, the sphere and methods of use of results of the scientific activities;
- on the reasonable risk in scientific activities which is not doing harm to people and the environment;
- to freely express the opinion on the carried-out scientific activities, its methods and results, without wounding at the same time honor and dignities of other persons;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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