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THE CODE OF THE REPUBLIC OF MOLDOVA ABOUT SCIENCE AND INNOVATIONS

of July 15, 2004 No. 259-XV

(as amended on 23-11-2018)

The parliament accepts this code.

Section I. General provisions

Chapter I. Area of regulation and legal base

Article 1. Area of regulation

This code regulates activities in areas of researches and innovations, including process of development and realization the politician, estimates of the organizations, confirmations and recognitions of academic and scientific and pedagogical statuses.

Article 2. The legal basis of activities in the field of researches and innovations

(1) Activities in areas of researches and innovations are regulated by this code, other legal acts, subordinate legislations governing legal relations, stipulated in Article 1, which shall correspond to the Constitution of the Republic of Moldova.

(2) Subordinate legislations are applied to regulation of legal relations in areas of researches and innovations, only if they are published on the basis of the law and do not contradict it.

(3) If the international treaty, one of the parties of which is the Republic of Moldova, other provisions are established, than those which are provided by this code are applied provisions of the international treaty.

Chapter II. Concepts and determinations

Article 3. General provisions

In this code the basic concepts are used in the value stated in Articles 4-46.

Article 4. Research

Research - activities for the basic researches, applied researches and experimental developments taken in total.

Article 5. Basic researches

Basic researches - the activities aiming at receipt of new scientific knowledge, development and check of new hypotheses and theories in any field of science.

Article 6. Applied researches

Applied researches - the activities aiming at accumulating and use of new knowledge for the solution of practical tasks, creations of new products, technologies and services or their enhancement.

Article 7. Experimental developments

Experimental developments - the systematic activities relying on the available knowledge gained as a result of researches and/or from practical experience, directed to receipt of new materials, products or devices, establishment of the new methods, systems and services or considerable enhancement which are already existing or established.

Article 8. State policy in the field of research and development, innovations and transfer of technologies

State policy in the field of research and development, innovations and transfer of technologies (further - areas of researches and innovations) - the component of social and economic, educational and cultural policy of the state aimed at the development, coordination and stimulation of activities in areas of researches and innovations, performed by means of generation of new knowledge and application of scientific and technical achievements.

Article 9. Examination

Examination - assessment of programs, projects and their contractors, and also results of scientific research.

Article 10. Independent expert

The independent expert - the legal entity or physical person having special knowledge, skills and specialization in certain sphere and representing itself independently.

Article 11. Monitoring

Monitoring - systematic observations, measurements and control of activities regarding the reached indicators and efficiency of use of human, material and financial resources, and also planning of adequate measures for achievement of the planned purposes.

Article 12. Joint financing

Joint financing - implementation of financing in areas of researches and innovations by means of cooperation of efforts of the state, business entities and sponsors.

Article 13. Institutional financing

(1) Institutional financing - the financing provided from the government budget to the organizations of the public law in areas of researches and innovations including to public institutions of the higher education, for maintenance and development of public infrastructure in areas of researches and innovations and for the corresponding personnel expenses, on the basis of the methodology of institutional financing approved by the Government.

(2) the Methodology of institutional financing is based on the following principles:

a) assessment of the received results of scientific research, and also their economic and social consequences;

b) limitation of share of institutional financing in total amount of the funds received by organization;

c) predictability of institutional financing, its implementation by the criteria promulgated at least one year prior to their introduction in action;

d) encouragement of initiatives of organizational strengthening as in categories of the organizations of the public law in areas of researches and innovations, and between various categories of such organizations.

(3) the Financial resources intended for institutional financing of the organizations of the public law in areas of the researches and innovations which are of national interest are allocated annually with the law on the government budget and are distributed by the central industry body of the state providing development of national policy in areas of researches and innovations.

(4) Access to the public infrastructure in areas of researches and innovations used for projects implementation within the national mechanism of researches and innovations established by this code is provided to any scientific researcher.

Article 14. Subjects of activities in areas of researches and innovations

Subjects of activities in areas of researches and innovations - legal entities irrespective of type of property and form of business and the physical persons performing activities in areas of researches and innovations in the territory of the Republic of Moldova.

Article 15. The organization in areas of researches and innovations

The organization in areas of researches and innovations - the legal entity performing one of the following types of activity: basic and/or applied researches, experimental developments, implementation of scientific results and innovations, transfer of technologies, preparation and enhancement of scientific personnel.

Article 16. The organization of the public law in areas of researches and innovations

The organization of the public law in areas of researches and innovations - the public organization in areas of researches and innovations created by the Government according to the offer of the central industry body of the state providing development of national policy in areas of researches and innovations or bodies of local public authority.

Article 17. The organization of private law in areas of researches and innovations

The organization of private law in areas of researches and innovations - the commercial organization founded and financed by physical persons or legal entities of private law for the purpose of profit earning on the basis of activities in areas of researches and innovations.

Article 18. Public organization (association) in areas of researches and innovations

Public organization (association) in areas of researches and innovations - the non-profit organization founded according to the current legislation the associated physical persons and/or legal entities on the basis of common interests for achievement of effective objectives in areas of researches and innovations.

Article 19. Organization of scientific and technological information

The organization of scientific and technological information - the specialized organization and its divisions performing scientific information activities in areas of researches and innovations.

Article 20. Innovation

Innovation - the activities for use of the result got owing to researches and/or practical experience, directed to use in practical activities and/or realization in the market new or considerably advanced materials, products or devices, methods, systems and services.

Article 21. Transfer of technologies

Transfer of technologies - process of implementation within projects of innovative results for the purpose of receipt of new products and services, improvement of their indicators, and also increase in their efficiency.

Article 22. Area of innovations and transfer of technologies

Area of innovations and transfer of technologies - set of the actions including creation and implementation of innovations and new technologies including by transfer of technologies, for the purpose of production of competitive new or advanced products, and also use of progressive processes, services and technologies.

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