Law of the Republic of Belarus

(Unofficial translation)

 

Law of the Republic of Belarus

 No. 2105-XII of January 19, 1993

[Amended as of May 11, 2016]

 

On Fundamentals of State Scientific and Technical Policy

 

The present Law is a basic one in the field of science and technology and provides number of methods and means for participation of the state in regulation of the scientific, and scientific and technical activity.  The Law regulates the relations arising between the state bodies and entities of scientific and scientific and technical activity in the process of creation and realization of the state scientific and technical policy.

The Law determines that the science is under the guardianship of the state and enjoys its support as an exclusively important sphere for economic development, development of culture and social relations and provides economic and legal guarantees for scientific and scientific and technical activity.

CHAPTER 1
GENERAL PROVISIONS

Article 1.  Basic Terms

For the purposes of the present Law the following terms have the following definitions:

state scientific and technical support – an inalienable part of the socio-economic policy of the Republic of Belarus that includes the basic purposes, principles, directions and methods of influence of the state on the entities of scientific and scientific and technical activities established by the present Law, the procedure of inter-relations among them and the state, as well as among the entities of scientific and scientific and technical activity;

scientific and technical activity – activity that includes holding of applied researches and developments with the view to create new or improved existing means and methods of execution of some processes.  Works on scientific and methodical, patent and licensing, software, organizational and methodical and technical maintenance (provision) of holding the scientific researches and developments refer to the scientific and technical activity;

scientific researches – creative activity aimed to gain new knowledge and methods of their application.  Scientific researches may be fundamental and applied.

development projects – a set of works fulfilled at creation or modernization of products:  development of design and technological documentation for the pre-production models (pre-production consignment), manufacture and testing of pre-production models (pre-production consignment);

experimental and technological projects – a set of works to create new substances, materials and (or) technological processes and to make technical documentation for them;

development – an activity aimed at creation or improvement of means and methods of carrying out the process in a certain sphere of practical activity, in particular to create new products and technologies.  Development of new products and technologies includes holding of development projects (if the products are being created) and experimental and technological projects (if materials, substances and technologies are being created).

 

Article 2.  Legal Basis of State Scientific and Technical Policy

Legislation on state scientific and technical policy consists of the present Law and other acts of legislation of the Republic of Belarus.

 

Article 3.  Basic Purposes of the State Scientific and Technical Policy

 

Basic purposes of the state scientific and technical polity of the Republic of Belarus are the following:

to provide economic and social development of the republic by effective use of intellectual resources of the society;

to improve the scientific and scientific and technical potential as the most important factor of socio-economic progress;

to achieve high intellectual and cultural levels of society aimed at increasing the level of people’s living.

 

Article 4.  Content of the State Scientific and Technical Policy

Content of the state scientific and technical policy of the Republic of Belarus is the creation of essential legal, economic, organizational and other conditions by state bodies for scientific and scientific and technical activity.

 

Article 5.  Basic Principles of Creation and Realization of the State Scientific and Technical Policy of the Republic of Belarus

Basic principles of creation and realization of the state scientific and technical policy of the Republic of Belarus are the following:

state support of fundamental and applied researches;

selection of priority directions of scientific and technical activity and primary state support of scientific researches and developments contributing to solution of the most important problems of socio-economic development of the republic;

orientation of the scientific and scientific and technical activity to referred development of science intensive, resources-, energy- and labor saving industries and technologies;

participation of local bodies in formation and realization of the state scientific and technical policy;

participation of scientists, their public associations and unions in creation and realization of the state scientific and technical policy in the republic;

direct connection of scientific and scientific and technical activity with education;

state support of gifted children and assisting to development of their creative abilities;

providing freedom of scientific, scientific and research and innovation activity, legal protection of intellectual property;

use of preferable economic methods of state regulation of scientific and scientific and technical activity;

equality of all entities of scientific and scientific and technical activity, encouraging competitiveness among them;

increase of prestige of scientific work and technical creativity;

mutually beneficial cooperation with other states, creation of conditions for attracting foreign investments to develop science and engineering and mastering the newest technologies and new kinds of products.

 

Article 6.  Entities of State Scientific and Technical Policy

Entities of the state scientific and technical policy are the following:

State bodies of the Republic of Belarus;

Legal and natural persons carrying out scientific and scientific and technical activity on the territory of the Republic of Belarus.

Rights and duties of the entities of the state scientific and technical policy in its formation and realization are regulated by legislation of the Republic of Belarus.

 

Article 7.  Objects of the State Scientific and Technical Policy

Objects of the state scientific and technical policy are:

Relations between the participants of the scientific and scientific and technical activity;

Relations between the state bodies and participants of the scientific and scientific and technical activity.

 

Article 8.  State Bodies Carrying Out Scientific and Technical Policy

State scientific and technical policy is formed by the President of the Republic of Belarus with the participation of the Government – the Council of Ministers – of the Republic of Belarus (hereinafter – the Government) and is realized by the government and other subjects of the state scientific and technical policy in accordance with the powers laid on them by the present Law and other acts of legislation of the Republic of Belarus.

 

CHAPTER 2
STATE REGULATION OF THE SCIENTIFIC and scientific and technical SPHERES

 

Article 9.  Organization of Prognosis of the Scientific and Technical Development

State bodies of the Republic of Belarus take the decisions on questions of the scientific and technical development of the basis of preliminary development of prognosis on the most important issues of socio-economic, scientific and technical and structural and investment policy.

For grounding the state scientific and technical policy the Government of the Republic of Belarus organizes the development of a comprehensive prognosis of scientific and technical progress of the Republic of Belarus.

 

Article 10.  Priority Directions of the Scientific and Technical Activity

State scientific and technical policy is formed by choosing the priority directions of the scientific and technical activity, concentration of resources in order to solve the most important socio-economic problems of the Republic of Belarus.

Priority directions of scientific and technical activity are determined under the results of assessment of the situation and development of prognosis of socio-economic and scientific and technical development of the republic.

Priority directions of the scientific and technical activity in the Republic of Belarus are developed by the Government of the Republic of Belarus, are approved by the President of the Republic of Belarus and are the basis for distribution of assets of the republican and local budgets given for scientific and scientific and technical activity.

 

Article 11.  Scientific and Technical Programs

With a view to realize the state scientific and technical policy in accordance with its priority directions the state, branch, regional and inter-state scientific and technical programs are developed.

State scientific and technical programs are developed in order to solve the most important economic, ecological, social and defense problems.

The list of scientific and technical programs, the procedure for their development, financing and fulfillment are determined by the Government of the Republic of Belarus with the agreement of the President of the Republic of Belarus.

The procedure of participation of the Republic of Belarus in international scientific and technical programs is established by the international (interstate and intergovernmental) treaties of the Republic of Belarus.

Competitive selection of tasks of state, branch, regional scientific and technical programs, financed from the republican budget, is carried out on the basis of results of the state scientific and technical examination for performance of which, scientific organizations, higher education institutions, public associations of scientists, and also individual scientists and specialists, including foreign ones, shall be engaged on contractual basis.

 

Article 12.  [Excluded]

 

Article 13.  State Scientific and Technical Expert Examination

The state scientific and technical expert examination is carried out within the framework of functioning of the single system of the state scientific and the state scientific and technical expert examinations.

The order of functioning of the single system of the state scientific and the state scientific and technical expert examinations, including the order of organization and holding of those expert examinations, is determined by the Government of the Republic of Belarus.

 

Article 14.  State Financing and Use of Means for Scientific and Scientific and Technical Activity

With a view to realize the state scientific and technical policy, budgetary means for scientific and scientific and technical activity shall be provided to republican bodies of state administration and other state organizations subordinated to the Government of the Republic of Belarus, other state bodies and other state organizations subordinated to the President of the Republic of Belarus.Realization of scientific Support and stimulation of the development of scientific and scientific and technical activity shall be one of priority directions of the state social and economic policy.

Support and stimulation of the development of scientific and scientific and technical activity shall be one of priority directions of the state social and economic policy.

The total volume of expenses of the republican budget for scientific and scientific and technical activity shall be established by the law on the republican budget for the next financial year.

Means provided by the republican budget for financing scientific and scientific and technical activity shall be used on:

organization, performance and coordination of fundamental and applied scientific research, including one being fulfilled within the framework of state programs on scientific research;

supporting the statutory activity of the National Academy of Sciences of Belarus;

conducting research-and-development, technological-and-experimental and technological-experimental works, being fulfilled within of scientific and technical programs, chapters of  scientific support of state, branch and regional programs;

preparation and attestation of scientists of higher qualification;

development of material and technical basis of state scientific organization, including capital expenditures;

carrying out international scientific and technical cooperation in accordance with commitments accepted by the Republic of Belarus, and also performance of events on supporting international scientific and technical cooperation;

implementation of plans of scientific research and developments of national and branch-wide importance, aimed at scientific and technical support to the activity of republican bodies of state administration, the National Academy of Sciences of Belarus;

development of scientific and technical information system, maintenance of scientific and technical libraries, information centers and funds, preparation and publishing scientific-and-technical and scientific-and-methodical literature (including periodic editions), holding scientific and scientific and practical events (conferences, seminars, symposia, exhibitions, other events), ensuring the functioning of scientific-information computer networks, propagation of scientific and scientific and technical knowledge;

organization and holding the state scientific examination and state scientific and technical examination;

other objectives related to scientific and scientific and technical activity, in accordance with the legislative acts of the Republic of Belarus.

The procedure of financing the scientific and scientific and technical activity at the expense of means of the republican budget is established by the Government of the Republic of Belarus upon obtaining assent of the President of the Republic of Belarus.

 

Article 15. Financing of scientific and scientific and technical activity at the expense of means of funds

In order to finance the scientific and scientific and technical activity, funds may be created in the order established by the legislative acts of the Republic of Belarus.

 

Article 16.  Economic Mechanisms for Stimulating the Scientific and scientific and technical Activity

The state stimulates the scientific and scientific and technical activity by holding the relevant tax and credit policy.

Specific measures on economic stimulation of the scientific and scientific and technical activity are established by the legislation of the Republic of Belarus.

 

Article 17.  Fulfillment of the Scientific and Technical Programs for the State Needs

Fulfillment of the scientific and technical programs for state needs is carried out in accordance with the state contract on delivery of scientific and technical production at the competitive basis.  The procedure for formation of the state needs to scientific and technical production is determined by the Government of the Republic of Belarus.

 

Article 18.  System of Scientific and Technical Information

One of the directions of the state scientific and technical policy is the support and development of the system of scientific and technical information.  For these purposes the state bodies of the Republic of Belarus:

Provide the development of the central and territorial networks for collection and processing of all kinds of scientific and technical information;

Take measures to increase the quality of scientific and technical information and information services;

Stimulate the creation of modern computer technologies, information systems and networks and provide the development of communication systems;

Carry out the finance, as well as currency support for creation, acquiring and distribution of the scientific and technical information;

Create the conditions for openness, accessibility and safety of scientific and technical information.

Limitations to use the information being the state, official and commercial secrete are established by legislation of the Republic of Belarus.

 

Article 19.  Regulating the Intellectual Property Relations

Relations connected with the exclusive right (intellectual property) of a citizens or legal person to protected results of intellectual activity and means of individualization of participants of the civil turnover, goods, works or services are regulated by treaties of the Republic of Belarus and the legislation of the republic.

 

Article 20. Technical Normalization, Standardization, Confirmation of Matching of Production to the Requirements of Technical Normative Legal Acts in the Field of Technical Normalization and Standardization and Metrological Support in Scientific, Technical and Innovative Spheres

Technical normalization, standardization, confirmation of matching of production to the requirements of the technical normative legal acts in the field of technical normalization and standardization and ensuring conformity of measurements in scientific, technical and innovative spheres are made in accordance with the legislation of the Republic of Belarus.

 

Article 21. State Policy in the Sphere of Preparation and Attestation of Scientists of Higher Qualification and Increasing the Prestige of Scientific Work and Technical Creativity

State policy of the Republic of Belarus in the sphere of preparation and attestation of scientists of higher qualification and increasing the prestige of scientific work and technical creativity is an integral part of the state scientific and technical policy and is aimed at increase of scientific and technical and intellectual potential of society, development of creativity and distribution of scientific and technical knowledge.  For these purposes the state bodies of the Republic of Belarus shall:

promote the scientific and technical and innovation activity, social, economic and legal protection of scientific and other workers carrying out scientific and scientific and technical activity;

ensure preparation of scientists of higher qualification;

implement measures on increasing the prestige of scientific work and technical creativity, attraction of most capable and qualified workers and gifted and talented youths in this sphere;

facilitate integration of science, education and production, including through interaction of scientific organizations, education institutions, organizations carrying out implementation of educational programs of postgraduate education, economic entities, when performing joint scientific research and developments, and also by other means;

take measure on the improvement of attestation of scientists of higher qualification.

 

Article 22.  National Academy of Sciences of Belarus

The National Academy of Sciences of Belarus is a supreme state scientific organization the activity of which is regulated by legislation of the Republic of Belarus.

 

Article 23.  State Regulation of International Scientific and Technical Cooperation

State bodies of the Republic of Belarus support and promote the development of international scientific and technical cooperation of establishments, organizations, enterprises, public scientific and scientific and technical associations, independent scientists and specialists of the Republic of Belarus as well as they create necessary legal and economic conditions for establishing equal relations with foreign and international entities of scientific and scientific and technical activity.

International scientific and technical cooperation of the Republic of Belarus is carried out by:

fulfillment of joint scientific researches and developments, scientific and technical programs on the basis of international contracts or agreements;

mutual exchange of scientific and technical information, creation and use of united international information funds and databanks;

holding of international congresses, conferences, symposium and other scientific meetings;

mutual exchange of scientific, scientific and pedagogical and scientific and technical personnel, students and postgraduates, as well as joint training of specialists;

carrying out other forms of international cooperation not contradicting to the legislation of the Republic of Belarus.

Entities of scientific and scientific and technical activity of the Republic of Belarus may take part in international programs and projects, conclude contracts and agreements with foreign and international organizations and companies, enter foreign and international associations, unions and societies in accordance with legislation of the Republic of Belarus.

 

Chairperson of the Supreme Soviet of the Republic of Belarus                                                                                                  S.Shushkevich