LAW OF UKRAINE

of November 26, 2015 No. 848-VIII

About scientific and scientific and technical activities

This Law determines legal, organizational and financial basis of functioning and development in the field of scientific and scientific and technical activities, creates conditions for implementation of scientific and scientific and technical activities, requirements satisfaction of society and state in technology development by interaction of education, science, business and the power.

The level of development of science and technology is the determining factor of progress of society, growth in prosperity of citizens, their spiritual and intellectual growth. It causes need of priority state support of development of science as source of economic growth and integral component of national culture and education, creation of conditions for realization of intellectual potential of citizens in the field of scientific and scientific and technical activities, ensuring use of achievements of domestic and world science and technology for satisfaction of social, economic, cultural and other requirements.

Section I General provisions

Article 1. Main terms and their determinations

In this Law the terms below are used in such value:

1) the graduated in a military academy - the scientist who conducts scientific research within preparation in graduate military course of the highest military educational institution (institution of higher education with specific conditions of training) for receipt of degree of the doctor of philosophy;

2) the graduate student - the scientist who carries out basic and (or) applied scientific research within preparation in postgraduate study in organization of the highest education / scientific institution for receipt of degree of the doctor of philosophy;

3) the production oriented (industry) scientific institution - scientific institution which scientific and technical result of activities is intended for direct implementation in production and/or practical use at the companies and in organizations;

4) the scientist - physical person which carries out basic and (or) applied scientific research and receives scientific and (or) scientific and technical (applied) results;

5) grant - the financial or other resources provided on non-paid and irretrievable basis by the state, legal, physical persons, including the foreign, and (or) international organizations for development of material and technical resources for implementation of scientific and scientific and technical activities, carrying out specific basic and (or) applied scientific research, scientific and technical (experimental) developments including on compensation of scientific (scientific and pedagogical) workers within their accomplishment, in the directions and on the conditions determined by suppliers of grant;

6) the state research infrastructure - consolidation scientific and (or) institutions of higher education of the state pattern of ownership which is created for the purpose of optimum use of their resources (personnel, materials, the equipment, computing resources and storage of databanks and knowledge) and coordination their effective use for carrying out scientific, scientific and technical research and scientific and technical developments at the high level, and also ensuring joint holding actions for high-quality training of specialists in the corresponding knowledge domains;

7) the doctoral candidate - the scientist who has training in doctoral studies of scientific institution (institution of higher education) for receipt of academic degree of the doctor of science;

8) pilot production - structural division of scientific institution, university, academy, institute or the legal entity whose main activities is production and approbation of prototypes, useful models, new products, engineering procedures, provisions of the corresponding services connected with these activities, etc.;

9) research infrastructure - set of means, resources and the related services which are used by community for carrying out researches at the high level covering the most important objects of the scientific equipment and equipment or sets of devices, resources based on knowledge (collections, archives, depositaries or databanks of scientific information), the infrastructure based on technology of communications (грид, computers, the software and network connection), and other structures of unique nature. Research infrastructures can be locally located, virtual or distributed (organized network of resources), state or private. Research infrastructures can enter into the international networks;

10) European Atomic Energy Community - system of programs and political tools which combines the institutional circle of researches and developments of the State Parties of the European Union and associated members for the purpose of development of the international sci-tech cooperation, free transfer of knowledge, mobility of researchers;

11) the young scientist - the scientist aged up to 35 years inclusive having the higher education not below the second (master) level or the scientist aged up to 40 years inclusive which has scientific doctor's degree;

12) scientific activities - the intellectual creative activities directed to receipt of new knowledge and (or) search of ways of their application which main types is basic and applied scientific research;

13) scientific expedition - organizational form of scientific research which provides travel, trip, the scientist's business trip (group of scientists) for the purpose of receipt of empirical data for receipt of practical experience and further theoretical generalization in the corresponding industry of sciences;

14) scientific (scientific and technical) products - the scientific and (or) scientific and technical (applied) result intended for realization;

15) scientific (scientific and technical) work - the scientific research and scientific and technical (experimental) developments which are carried out for the purpose of receipt of scientific, scientific and technical (applied) result. Main types of scientific (scientific and technical) work are research, developmental, design, experienced and technological, technological, search also design and exploration work, production of prototypes or batches of scientific and technical products, and also other works connected with bringing new scientific and scientific and technical knowledge to stage of practical use;

16) scientific (research, scientific and technological, scientific and technical, scientific and practical) organization (further - scientific institution) - the legal entity irrespective of legal form and pattern of ownership formed in the procedure established by the legislation for which scientific and (or) scientific and technical activities are the main;

17) scientific publishing house - publishing house - the legal entity whose core activity are the publishing activities directed to illumination of results of scientific, scientific and technical, scientific and pedagogical, scientific and organizational activities, promulgation of scientific results, representation of scientific (scientific and technical) products, and also researches in the field of the theory and technique of scientific publishing;

18) the scientific publication - the work (the generalizing scientific work, the monograph, the collection of scientific works, the collection of documents and materials, theses and materials of scientific conferences, the abstract of the thesis, pre-print, the dictionary, the encyclopedia, the scientific reference book or the index, the scientific periodical, etc.) scientific nature, undergone the procedure of scientific reviewing and approval for printing scientific (scientific, scientific and technical, technical) council of scientific institution or institution of higher education, publishing processing, made by typographical stamping or in a different way which contains information on results of scientific, scientific and technical, scientific and pedagogical, scientific and organizational activities, theoretical or pilot studies (the research edition), texts of monuments of culture, historical documents or literary texts (the arkheo-graphical or source study edition) prepared by scientists for the publication; scientifically systematized data or materials reflecting the history of science and the current state of scientific knowledge (scientific and help or the scientific information publication) intended for distribution;

19) scientific division - structural division of the legal entity which main objective is implementation of scientific, scientific and technical or scientific and organizational activities in which state positions of scientists constitute at least 50 percent. Types of scientific division is the institute, research part, management, department, complex, the center, department, laboratory, section, the sector, bureau, group, branch, the research station, the pilot field, botanical garden, the arboretum, observatory, scientific (scientific and technical) library, the scientific (scientific and technical) museum;

20) the scientist - the scientist having the higher education not below the second (master) level according to the employment contract (contract) carries professionally out scientific, scientific and technical, scientific and organizational, scientific and pedagogical activities and has the corresponding qualification, irrespective of availability of scientific degree or academic status, confirmed with results of certification in the cases determined by the legislation;

21) the scientific (scientific and technical) project - complex of the actions connected with ensuring accomplishment and direct carrying out scientific research and (or) scientific and technical developments for the purpose of achievement of specific scientific or scientific and technical (applied) result;

22) scientific result - the new scientific knowledge received in the course of basic or applied scientific research and fixed on data carriers. The scientific result can be in report form, the published scientific article, the scientific report, the scientific message on research work, monographic research, discovery, regulatory legal act, the regulating document or scientific and methodical documents which preparation requires carrying out the corresponding scientific research or contains scientific component, and so forth;

23) scientific and organizational activities - the activities aimed at methodical, organizational providing and coordination of scientific, scientific and technical and scientific and pedagogical activities;

24) scientific and pedagogical activities - the pedagogical activities at universities, academies, institutes and organizations of education connected with scientific and (or) scientific and technical activities;

25) the scientific and pedagogical worker - the scientist having the higher education not below the second (master) level according to the employment contract (contract) at university, academy, institute professionally performs pedagogical and scientific or scientific and pedagogical activities and has the corresponding qualification irrespective of availability of academic degree or academic status confirmed with results of certification in the cases determined by the legislation;

26) scientific and technical activities - the scientific activities directed to obtaining and use of new knowledge for the solution of technological, engineering, economic, social and humanitarian problems which main types are applied scientific research and scientific and technical (experimental) developments;

27) scientific and technical (applied) result - the advanced materials received when carrying out applied scientific research, scientific and technical (experimental) developments new or significantly, products, processes, devices, technologies, systems new or significantly advanced services, the enacted new constructive or technology solutions, complete testing, developments which are implemented or can be implemented in public practice. The scientific and technical (applied) result can be in the form of the outline sketch, experimental (research) sample or its working model, design or technological documentation on scientific and technical products, prototype, regulatory legal act, the regulating document or scientific and methodical documents and so forth;

28) scientific and technical (experimental) developments - scientific and technical activities which are based on the scientific knowledge gained as a result of scientific research or practical experience and are made for the purpose of bringing such knowledge to stage of practical use. The advanced materials, products, processes, devices, technologies, systems, objects of intellectual property right new or significantly advanced services are result of scientific and technical (experimental) developments new or significantly;

29) the main activities of scientific institutions - carrying out basic researches, applied scientific research and scientific and technical (experimental) developments, provision of scientific and technical services, conducting scientific and scientific and technical examination, preparation of scientific personnel, development and preserving scientific infrastructure;

30) applied scientific research - the theoretical and pilot scientific research directed to obtaining and use of new knowledge for practical purposes. The new knowledge intended for creation new or enhancement of the existing materials, products, devices, methods, systems, technologies, specific proposals on accomplishment of urgent scientific and technical and public tasks is result of applied scientific research;

31) the matching principle of extent of influence - the principle of interaction between different levels in hierarchical management system which determines that such decisions which leave to lower level the greatest freedom in the course of their realization at the top level shall be made;

32) the principle of subsidiarity - the principle of interaction between different levels in hierarchical management system in case of which high level makes new decisions (rules and procedures) only on condition of their more outstanding performance, than relevant decisions of the lowest level;

33) basic scientific research - the theoretical and pilot scientific research directed to receipt of new knowledge of patterns of the organization and development of the nature, society, the person, their interrelations. Basic scientific research hypotheses, theories, new methods of knowledge, opening of the laws of the nature unknown are result of the phenomena and properties of matter, detection of patterns of development of society earlier, etc. which are not oriented to direct practical application in the field of economy.

Article 2. Purposes and tasks

1. The purpose of this Law is settlement of the relations connected with implementation of scientific and scientific and technical activities and creation of conditions for increase in efficiency of scientific research and use of their results for ensuring development of all spheres of public life.

2. The main objectives of this Law is determination:

1) legal status of subjects of scientific and scientific and technical activities, material and moral incentives for ensuring prestigiousness and priority of the corresponding field of activity;

2) economic, social and legal guarantees of scientific and scientific and technical activities, freedom of scientific creativity;

3) main objectives, the directions and the principles of state policy in the field of scientific and scientific and technical activities, the international sci-tech cooperation;

4) powers of public authorities on implementation of state regulation and management in the field of scientific and scientific and technical activities.

Article 3. Legislation of Ukraine on scientific and scientific and technical activities

1. The legislation of Ukraine on scientific and scientific and technical activities consists of this Law and other regulatory legal acts governing the relations in the course of implementation of such activities, and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 3-1. Language of scientific and scientific and technical activities

1. Language in the field of scientific and scientific and technical activities is the state language.

2. Application of languages in the field of science is determined by the Law of Ukraine "About ensuring functioning of Ukrainian as state".

Section II Legal status of subjects of scientific and scientific and technical activities

Article 4. Subjects of scientific and scientific and technical activities

1. Subjects of scientific and scientific and technical activities are scientists, scientific and pedagogical workers, graduate students, adjoints and doctoral candidates, other scientists, scientific institutions, universities, academies, institutes, the museums, other legal entities, irrespective of pattern of ownership, the having relevant scientific divisions, and the public scientific organizations.

Article 5. Scientist

1. The scientist is the main subject of scientific and scientific and technical activities.

2. The scientist has the right:

1) to choose types, the directions and means of scientific and scientific and technical activities according to the interests, creative opportunities and universal values;

2) to combine with other scientists in public organizations, constants or temporary research teams for carrying out joint scientific, scientific and technical and scientific and pedagogical activities;

3) to participate in tenders on carrying out the scientific research financed by means of the government budget and other sources according to the legislation of Ukraine;

4) to gain recognition of authorship to scientific and scientific and technical results of the activities;

5) to publish results of the researches or to promulgate them otherwise according to the procedure, established by the legislation of Ukraine;

6) to participate in tenders on substitution of vacant positions of scientific and scientific and pedagogical workers;

7) to receive, transfer and distribute open scientific and technical information;

8) to receive the proper stimulation and motivation to scientific and scientific and technical activities oriented to objective assessment of realization of specific objectives on resulting effect;

9) to gain the state and public recognition by assignment to it academic degrees, academic statuses, awards, honorary titles for contribution to development of science, technologies, implementation of scientific, scientific and technical results to production and for preparation of scientific personnel.

3. The scientist when implementing scientific, scientific and technical, scientific and organizational and scientific and pedagogical activities shall:

1) not to do harm to health and human life, the environment;

2) to respect ethical standards of scientific community, to steadily respect rules of law of intellectual property.

Article 6. Scientist

1. The scientist carries out scientific (scientific and technical, scientific and organizational, scientific and pedagogical) activities in scientific institutions, institutions of higher education, scientific divisions of organizations, the organizations, the companies.

2. Working hours of the scientist are determined by the Labor code of Ukraine and other acts of the legislation of Ukraine adopted according to it.

For scientists and specialists of scientific institutions and institutions of higher education the flexible mode of working hours according to which the operating mode with self-regulation of time of the beginning, the termination and duration of working hours during the working day, with observance of requirements of Articles 50-52 and 56 of the Labor code of Ukraine is set can be set.

For scientists and specialists of scientific institutions and institutions of higher education the remote regime of work can be introduced.

The possibility of introduction of the flexible mode of working hours and the remote mode of work in scientific institution (institution of higher education) is determined in the collective agreement or the decision of the head of scientific institution (institution of higher education) in coordination with elected body of primary trade-union organization.

The specific list of professions and positions of scientific institution (institution of higher education) on which the flexible mode of working hours and the remote mode of work can be applied is approved scientific (scientific, scientific and technical, technical) by council of scientific institution (institution of higher education).

The procedure and conditions of application of the flexible mode of working hours and the remote mode of work are determined in employment policies and procedures of scientific institution (institution of higher education).

The list of types of scientific (scientific and technical) work, and also methodical, expert, consulting, organizational work for scientists of scientific institution (institution of higher education) is determined by the head of the relevant organization (institution).

3. The scientist has the right:

1) to be member and to participate in activities of labor unions, public associations and political parties;

2) to make the motivated decision on refusal of participation in scientific (scientific and technical) activities which results can violate the rights of the scientist or other person, society, to do harm to the environment or to break ethical standards of scientific community;

3) on material support of the carried-out researches at the expense of means of the government budget and other sources of financing according to the legislation of Ukraine;

4) on personalized and other grants, and also awards which are established by the state, legal entities and physical persons;

5) on objective assessment of the activities and receipt of material remuneration according to qualification, scientific results, quality and complexity of the performed work, and also on income acquisition or other remuneration from realization of scientific or scientific and technical (applied) result of the activities;

6) to carry out scientific and pedagogical activities, to provide advice, and also to be the expert according to the legislation of Ukraine;

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