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The Amendments To The Law On Scientific Activities

Original Language Title: Grozījumi Zinātniskās darbības likumā

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The Saeima has adopted and the President promulgated the following laws: the law on scientific activities do scientific activities Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 10) the following amendments: 1. Replace article 3, the words "property or services" with the words "marital, family or professional status and other circumstances." 2. Turn off the second part of article 8, the words "with the doctor's degree". 3. Add to article 10 to the fifth, sixth and seventh subparagraph by the following: "(5) the Latvian citizens and non-citizens of the Union of Soviet Socialist Republics Supreme attestation Commission awarded degree or PhD is equated with the Republic of Latvia doctoral scientific degrees. (6) it is not allowed the scientific degree of doctor likened the Union of Soviet Socialist Republics the degree obtained, based on the work of Marxism-ļeņinism in scientific communism, Soviet Union Communist (Bolshevik) party history, scientific atheism in Soviet law, the Soviet ideological organization of apologetics, as well as work, in which a totalitarian ideology, or slavināt which disparage or deny statehood of Latvia. (7) in Latvia to be granted a Ph.d. degree and doctorate in the nomenclature of degree official abbreviation approved by the Cabinet of Ministers of the Council of science of Latvia. " 4. Article 13: turn off the first part; to make the second part of paragraph 1 by the following: "1) national science and technology development, as well as innovation policies;" turn off the third part in paragraph 2, the words "and strategy"; Supplement third with points 3 and 4 by the following: "3) and participation of delegation may enter into contracts for international cooperation in the implementation of projects and programmes, ensuring visibility of the Latvian science and public awareness about the role of science in sustainable development; 4) coordinate international cooperative programme for research and technology and cabinet order provides support for participation in these programmes "; consider the current paragraph 3 of part of paragraph 5; to supplement the article with the fourth paragraph as follows: "(4) the Ministry of economy: 1) developing innovation policy; 2) may conclude participation agreements and delegation for international technology transfer and project implementation, innovation, good practice and innovative promotion of active community building measures. " 5. Supplement article 14 with 1.1 part as follows: "(11) the Latvian Science Council work provided by the Office. The Office is a Department of the Latvian Science Council and its secretariat functions, preparing documents and draft decisions for consideration by the Latvian Science Council meetings, provide the Latvian Science Council decisions, as well as carry out other tasks. " 6. Article 21 of the expression as follows: "article 21. Scientific Research Institute (1) the Institute shall carry out scientific activities, as well as with scientific qualification and development activities so the founder or creator of research set by the industry. The Scientific Institute of the academic goals are free of the founder or creator. (2) Scientific Institute can be: 1) the public agency; 2 derived public person); 3 National University departments); 4) private-law legal person or body. (3) the National Institute can be created as a State agency or a derived public person. State Scientific Institute is the Minister of education and science or the supervision of the Prime Minister. (4) the National Institute for creating, reorganizing, and clearance is necessary for the Latvian Science Council opinion. " 7. To supplement the law with 21.1 21.2 21.3 21.4,, and the article as follows: "article 21.1. Scientific Institute of public agency (1) the Institute — a public agency — creates a person by the public authority's decision. (2) Scientific Institute — a public agency — activities determined by this law, the public agency law and other laws. (3) Scientific Institute — a public agency — regulations and procedures laid down in their statutes to deal with it the property and funds, invite tenders, contracts, setting fees for services provided by the research and development in the field of qualification. Article 21.2. Research Institute — derived public person (1) Institute of public persons, child-created with a Cabinet decision. Cabinet of Ministers decision determines the movable and immovable assets, the Scientific Institute — derived public people-owned or in use. (2) Scientific Institute-derived public people, authority is a scientific Institute of the Scientific Council. (3) Scientific Institute-derived public people — the Scientific Council in addition to other laws and specific competence in the Scientific Institute approved rules and budget, as well as may create, reorganize and liquidate the institutions and to establish, reorganize and liquidate a corporation, to decide on the membership of associations, enterprises and corporations. (4) Scientific Institute — derived public person — not entitled to build another Institute. (5) the National Institute, national agency, the Cabinet's decision can be made into a National Institute — a derived public person. Reframing is assessed following the scientific aspect of the activities of the Institute: 1) attached to the private sector; 2 current scientific Institute) in collaboration with business operators in the economic results and expert opinion about them. (6) the public research institutes Institute of electronics and computer science "," physical energy "Institute", "the Latvian biomedical research and study center", "Hidroekoloģij", "Institute of the Latvian Institute of organic synthesis", "Latvian National Agrarian economic Institute", "National Institute of fruit", "the Latvian National Institute of Wood Chemistry", "Latvijas Valsts mežzinātn Institute" silava "," National Institute of crop breeding priekuļi "and" National Institute of crop breeding Bench "is a national research institutes — derived public persons. Article 21.3. Scientific Institute — University Department Institute can be created as a University Department, subject to the University Act, this Act and other legislative provisions. 21.4 article. Research Institute — a private-law legal person (1) a Research Institute, a private-law legal person — is created or set up and operate in accordance with this law, commercial law, law of associations and foundations, as well as other laws and regulations. (2) Institute of private law legal persons — can also be mapped as State or municipal corporation ". 8. Supplement article 22, after the word "managed" by the words "Scientific Institute". 9. Article 23: Add to the first paragraph, after the word "elect" with the words "Scientific Institute"; Replace paragraph 3 of the second paragraph, the word "scientist" with the word "person"; replace the second part of paragraph 4, the word "research" with the words "the lead researcher, researcher or scientific assistant". 10. Express article 24 as follows: "article 24. The Scientific Director of the Institute (1) the Scientific Director of the Institute is the highest officer in the exercise of the Institute's overall administrative control and without special authorisation shall represent the Institute. (2) to the Scientific Director of the Institute of posts is announced open competition newspaper "journal". The Director of the Scientific Institute elected by the Scientific Council for a period exceeding five years, and no more than two times in a row. (3) national research institutes: the national agencies — the Scientific Council the Scientific Director of the Institute elected posts, the Minister overseeing the State Agency. (4) Scientific Institute-derived public people in the Agency's Scientific Council, Scientific Director of the Institute elected posts approved in the relevant public person presenter derived — University Rector or local Executive Director. Research Institute, National University departments: the Scientific Council the Scientific Director of the Institute elected post in the approved university rector. (5) Scientific Institute — a private-law legal person or body, the Scientific Council the Scientific Director of the Institute elected posts approved in the respective private law legal persons of the executive body. (6) National Research Institute-derived public people — the Director elected by the Scientific Council. (7) the tender for the post of Director of the Scientific Institute issued at least two months before the current term of the Director expires. To the newly elected Director's approval of Director's duties is the current Director. (8) the Scientific Institute, a government agency, created the Minister overseeing the Scientific Institute, appoint a Director ad interim on While post is not entered into the Scientific Council elected Director. In other cases, the Director ad interim scientific Institute shall be appointed by the creator. (9) the Director takes up his duties after the election, but when the Director is to be elected to the post, after his confirmation in the post. If the Director is not approved or elected, the national scientific Institute for two months, repeatedly organizes the election of Directors. To repeated election elected directors for approval National Research Director ad interim of the Institute shall be appointed by the Minister, overseeing the Scientific Institute, but in other cases, the Scientific Institute of the creator. (10) this article third, fourth or fifth subparagraph, the Scientific Director of the Institute, subject to the requirements of the law, or on its own initiative, the Scientific Council removed by the officer in accordance with the provisions of this article, the Scientific Director of the Institute to confirm the post. The sixth part of this article that the Scientific Director of the Institute, subject to the requirements of the laws, removed by the Scientific Institute of the Scientific Council. (11) the Minister of education and science or the Minister shall be entitled to cancel the country's Scientific Director of the Institute of prettiesisko decisions adopted. (12) the competence of the Director include: 1) Scientific Institute administrative, organisational and functioning of facilities; 2) scientific and financial resources of the Institute then in the possession or use of property, part of the country and the responsibility for their use; 3) Scientific Institute of the Scientific Council of the implementation of the decisions taken; 4 Scientific Institute) Development Pro gramm approval. (13) the Director shall not be entitled to take decisions, which include the evaluation of scientific research. " 11. in article 26: to complement the first part of paragraph 3, before the words "Assistant" with the word "scientific"; to supplement the first sentence of the second paragraph after the word "elected" by the words "six years"; to supplement the article with the sixth part as follows: "(6) a Person of the principal investigator, the investigator and scientific Assistant post can be elected only one scientific institution." 12. in article 28: make the first part of paragraph 7 as follows: "7) persons with doctoral degrees, which the scientific institution of the contract of employment;"; turn off the first paragraph 9, 10 and 11; make the second subparagraph of paragraph 4 by the following: "4) Scientific Institute scientists published scientific articles or patents on inventions, or developing technology;" the third part of the present paragraph 3 by the following: "3) graduate school manages scientific articles and in all major areas of its activities perform scientific operations (implemented projects, orders, or patent inventions, or developing technology);"; to supplement the article with the fifth, sixth and seventh subparagraph by the following: "(5) in order to register in the register of scientific institutions, associations or foundations, it must meet the following criteria: 1) the society or pursuant to statute, the Foundation carried out scientific operations, implement projects or orders or manage scientific articles, or patent of invention, or developing technology; 2) society or Foundation under the Statute, participates in scientific training and development process; 3) Association or foundation works in the Scientific Council; 4) society or Foundation in academic positions are elected at least five individuals with doctoral degrees. (6) year after registration, the scientific authority shall submit to the registry officer: 1) persons with doctoral degrees, which the scientific institution of the contract of employment; 2 scientific projects to be implemented) list, and sources of funding; 3) prior year financial statements (commercial companies). (7) registration Of scientific institutions every six years, the registry submitted the following information: 1 the person elected by the doctor) degree of scientific institutions with a contract of employment; 2) in the last six years, the list of projects to be implemented, patent, international cooperation projects and published scientific articles list; 3) news about scientific institutions and most important space scientific equipment; 4) international evaluation in accordance with article 38 of this law, in the third paragraph. " 13. Supplement article 29, second subparagraph, after the words "national Office of education" by the words "and the registry officer". 14. Turn off article 30 of part three in the first and third sentence, the word "responsible". 15. Article 32: make the introductory part of the first subparagraph by the following: "(1) scientific institutions from the registry by registry officer's decision in the following cases:" turn off the first part of paragraph 7; to supplement the article with the third part as follows: "(3) scientific institutions excluded from the registry, if it is not implemented during the year not a single scientific project and not published any scientific articles." 16. Article 33: make the first paragraph by the following: "(1) State budget funds for scientific activity can be assigned to the register of scientific institutions registered institutions. Merchants national budgetary resources in the form of State aid granted in implementation of projects for research, technological development and innovation in accordance with the relevant national support programmes. "; to supplement the article with the third part as follows: "(3) the order in which the State aid granted to the register of scientific institutions registered institutions, as well as the economic projects for research, technological development and innovation shall be determined by the Cabinet of Ministers." 17. off article 34 in the fourth paragraph, the words "strategy and". 18. To supplement the law with article 37.1 and 37.2 as follows: "article 37.1. National Research Institute of the National University or the National University Scientific Institute scientific staff pay National Research Institute, National University or public College in Institute scientific staff emoluments consist of: 1), the employee is granted and calculated in accordance with the laws of basic funding arrangements; 2) remuneration, which under this Act shall be paid from the State or National University Scientific Institute in the implementation of contracts for financial instruments and the amount of which is determined according to the internal Scientific Institute wage policies, as well as the scientific basis of the contracts concluded by the Institute. Article 37.2. The participation of foreign researchers in scientific institutions in the implementation of research projects (1) scientific institutions registered in the register of scientific institutions entitled to invite to participate in the implementation of research projects to foreigners, which is not a citizen of the European Union, if it is a doctoral degree or a doctoral degree of abstraction required higher education degree (referred to in this article, a foreign researcher). In this case, the scientific authority of the foreign researchers with a contract of employment, which is designed for the study of the conditions of implementation of the project. The contract signature of person authorised scientific institutions and foreign researchers. The employment contract is concluded on the scientific study of the project and may not exceed termiņuzturēšan issued to foreign researchers in the period of validity of the authorization. The contract of employment is terminated, if the foreign researchers in Latvia is rejected to renew a residence permit or it is cancelled. Rules scientific institutions followed the conclusion and termination of employment contracts with foreign researchers, determined by the Cabinet of Ministers. (2) foreign travel expenses be borne by researchers in scientific institutions, conducted scientific project foreign researcher participates. (3) a foreign researcher's family members to reside in Latvia shall determine the immigration law. " 19. Replace article 38, first paragraph, second sentence, the words "national scientific institutions and State University scientific institutes" with the words "State research institutes, State universities and public research institutes of the University". 20. Article 39 be expressed by the following: ' article 39. Scientific institutions accounting records and accounts (1) the scientific authority shall perform accounting, open accounts and deal with those laws. (2) a Research Institute — derived public person — and the National University, which is a derived public person status, Treasury open a checking account in which the Ministry concerned according to national budgetary appropriation for clearing the reference amount in accordance with article 38 of this law, as well as the relevant expenses from this account. (3) economic operators ' financial resources assigned to a specific order for the implementation of the project and the other own revenue Science Institute-derived public person — and the National University, which is a derived public person status, you can get a credit account. The corresponding payment of expenditure is made from this account. (4) Scientific Institute at the end of the year — derived public — or the State University, which is a derived public person status, the remaining funds in the account of the institution of scientific activities the proceeds, up to the time of year the amount of funds actually received, remain authority and spent the next year. This provision shall not apply to the base funding of the institutions. (5) the tender for the national and international scientific research project and program funding scientific Institute or national school, which is a derived public person status, receive Treasury current account, as well as the relevant expenses from this account. " 21. transitional provisions supplementing with 8, 9, 10 and 11 by the following: ' 8. This law, article 21.2 of the sixth part of the said national research institutes is the National Institute, the national agencies ' electronics and computer Science Institute "," physical energy Institute "," the Latvian biomedical research and study center "," Hidroekoloģij "," Institute of the Latvian Institute of organic synthesis "," Latvian National Agrarian economic Institute "," National Institute of fruit "," the Latvian National Institute of Wood Chemistry " "Mežzinātn of Latvia's Institute" silava "," National Institute of crop breeding priekuļi "and" national Bench cereal breeding Institute "successor rights and obligations. 9. Article 13.2 of this law referred to in the sixth subparagraph Institute — the derived public person — authority of the restructured Institute, national agencies, the Scientific Council elected during 2007 to 6 January and running up to them in a certain term. 10. Article 12 of this law provided for in the second subparagraph shall not apply to persons who have been granted honorary doctorate and postdoctoral lecturing qualification acquired rights on the basis of the Council of Ministers of 4 October 1991, decision No. 262 "On rules for the granting of degrees". 11. Persons who until 19 July 2007 elected a leading researcher, researcher or research assistant posts, without conditions, the time limit is considered to be elected for six years from 20 July 2007. " 22. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions deriving from Council October 12, 2005 Directive 2005/71/EC on a specific procedure for admitting third-country nationals for purposes of scientific research." Transitional provisions with the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 1076 "amendments to the law on scientific activity" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2007, no. 9).
The law shall enter into force on 20 July 2007.
The Parliament adopted the law of June 21, 2007. State v. President Vaira Vīķe-Freiberga in Riga, July 5, 2007 in