The Amendments To The Law On Scientific Activities

Original Language Title: Grozījumi Zinātniskās darbības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/150779

Cabinet of Ministers Regulations No. 1076 Riga 2006 (28 December. 69 12) amended the law in the scientific activities of the Republic of Latvia article 81 of the Constitution in order to make scientific activities Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 10) the following amendments: 1. Replace the entire law, the word "founder" (fold) with the word "creator" (fold).
2. in article 3: Add to the article after the word "service" with the words "and other circumstances";
to supplement the article with the second and third subparagraphs by the following: "(2) a Person who is an alien, is the right legislation and Latvia in international treaties binding toš duly registered in Latvia to participate in scientific institutions in the implementation of research projects.
(3) persons who are not citizens of Latvia or are not citizens or nationals of the European Union law established in Latvia may participate in established scientific institutions in the implementation of research projects where they have a doctoral degree or higher education qualification, which enables you to participate in the doctoral programs. A scientific authority of the contract concluded with the parties concerned, stating the legal relations of the parties and the working conditions. Contracts shall be concluded after the body that approves the research Pro gramm, is satisfied about the purpose of the study, its duration, financial resource availability and qualifications of the persons involved in the study. The agreement shall cease to apply if a person is refused or annulled residence permit in Latvia. "
3. Turn off the second part of article 8, the words "with the doctor's degree".
4. in article 10: to supplement the first part with the third sentence by the following: "order in which occurs the USSR obtained a degree of alignment, determined by the Cabinet of Ministers."
replace the second paragraph, the words "or qualifications acquired abroad" with the words "whether abroad or in the USSR obtained a degree".
5. Article 13: make second part of the first paragraph by the following: "1) national science and technology development, as well as innovation policies;"
to complement the second part with a 3.1 point as follows: "31) may enter into contracts for the delegation of the international cooperation project and programme implementation, the Latvian scientific visibility and public awareness about the role of science in sustainable development of the country;"
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 measures of active community building. "
6. 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 proceedings, implemented by the Latvian Science Council decisions, as well as carry out other tasks. "
7. 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 of its creator within the research sector. The Scientific Institute of the academic goals are free from the 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 for creating, reorganizing and eliminating need for Latvian Science Council opinion.
(4) State Scientific Institute was established as a government agency or a public person derived. State Scientific Institute is the Minister of education and science or the supervision of the Prime Minister. National Research Institute include the adjective "national".
(5) the second paragraph of this article, paragraph 2 Research Institute of law and in accordance with the procedure prescribed under the rules of the Institute handles it the property and funds, invite tenders, contracts, setting fees for services provided by the research and development in the field of qualification. "
8. To supplement the law with 21.1 21.2 21.3 21.4,, and the article as follows: "article 21.1. Research Institute-a public agency (1) Institute-a public agency, created with public entities concerned of the decision lēmējorgān.
(2) the public agency's operation is determined by this law, the public agency law and other laws.  
Article 21.2. Research Institute-derived public person (1) Institute-derived public person – set up by Cabinet decision. Cabinet of Ministers decision determines the movable and immovable assets, the Scientific Institute of the possession.
(2) Scientific Institute – derived public person-lēmējorgān is a scientific Institute of the Scientific Council.
(3) scientific Scientific Council of the Institute in addition to other laws and specific competence of the Institute shall elect directors, approve the Statute and budget of the Institute, as well as may create, reorganize and liquidate the institutions and corporations, to decide on the membership of associations and enterprises, and the Corporation. 
Article 21.3. Research Institute – National University departments (1) State College, you can create a unit which acts as a scientific Institute. The following scientific activities of the Institute is determined by the Constitution of the University, departments of the rules of procedure (the rules), as well as other laws and regulations.
(2) Institute – National University Department of scientific institutions-Register register regardless of whether it is registered in the register of the State University.  
21.4 article. Research Institute-private-law legal person (1) a Research Institute, a private-law legal person or body – is established and shall 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 created as public or municipal corporation.
(3) The Institute of private law legal persons, this Act does not apply the rules on accounting, accounts and scientific personnel remuneration. "
9. Supplement article 22, after the word "managed" by the words "Scientific Institute".
10. 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 "the" with the words "researchers principal investigator, the investigator or the Assistant".
11. Article 24: turn off the second part of the third sentence;
Add to article 2.1, 2.2, 2.3 and 2.4 in part as follows: "(21) National Research Institute, a government agency, the Scientific Council the Scientific Director of the Institute elected posts, the Minister overseeing the State Agency.
(22) National Research Institute – derived public person – direc tor elected by the Scientific Council.
(23) Scientific Institute – derived public person-the Scientific Council of the Agency of Scientific Director of the Institute elected posts approved in the person of the child public administrative manager. Research Institute – National University departments-the Scientific Council the Scientific Director of the Institute elected to approve the National University (Rector).
(24) Scientific Institute – private law legal persons or the Department-the Scientific Council the Scientific Director of the Institute elected posts approved in the respective private law legal persons of the executive body. ";
to make the fourth subparagraph by the following: "(4) By the Scientific Institute-national agency-created Minister, overseeing the Scientific Institute, appoint a Director ad interim acting Director until post into the Scientific Council elected Director. In other cases, the Director ad interim of the Institute shall be appointed scientific Designer. ";
make the fifth part of the third sentence by the following: "To repeat election elected Director 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."
express the sixth follows:

"(6) this article 2.1, 2.3 or 2.4, part Scientific Director of the Institute, subject to the legislative or regulatory requirements, 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. 2.2 in this article, Scientific Director of the Institute, subject to the legislative or regulatory requirements, removed by the Scientific Institute of the Scientific Council. "
12. 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."
13. To supplement the law with article 37.1 of the following: ' article 37.1. Scientific Research Institute of compensation of employees in the Scientific Research Institute of the remuneration of staff consists of: 1), the employee is assigned and the amount of which is calculated in accordance with the laws of basic funding arrangements;
2) remuneration 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. "
14. Replace article 38, first paragraph, second sentence, the words "national scientific institutions and State University scientific institutes" with the words "State scientific institutes, universities and the State National University scientific institutes, University departments or public agencies".
15. Article 39 be expressed by the following: ' article 39. The Scientific Institute of accounting and accounts (1) the Institute shall carry out Scientific accounts, open accounts and deal with those laws.
(2) a Research Institute – derived public person – the Treasury open a checking account in which the Ministry under the State budget appropriation for clearing the base funding of the Institute in accordance with article 38 of this law, as well as the relevant expenses from this account. Tender for the national and international scientific research project and program funding Research Institute receives Treasury current account, as well as the relevant expenses from this account. Merchant financial resources assigned to a specific order for the implementation of the project and the other own revenue Science Institute – derived public person – you can get a credit account. The corresponding payment of expenditure it made from this account.
(3) at the end of the year, the Scientific Institute of the remaining funds in the account of the Institute's revenues of all kinds, except the base funding, up to a year to actually receive funds remain at the disposal of the Institute and spent the next year. "
16. transitional provisions supplementing with 8, 9, 10 and 11 the following: "8. 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", "Latvijas Valsts mežzinātn Institute" silava "," National Institute of crop breeding priekuļi "," National Institute of crop breeding Stand "with 2007 January 6 considered derived public persons (article 21.2 of the Act). Research Institute – derived public person-is a scientific Institute – State agencies – and the commitment of its successor.
9. Before February 1, 2007. the Institute's Scientific Research Institute lēmējorgān confirms-derived public person – rules.
10. transitional provisions this law referred to in paragraph 8 of the Institute elected the Scientific Council considered the Scientific Institute – derived public person – lēmējorgān. The Scientific Director of the Institute continue to perform duties to the Scientific Council in accordance with the procedure laid down in this Act shall elect another Director of the Institute, but no longer than up to March 1, 2007.
11. to promote the knowledge-based economic development, the National Institute – National Agency, taking into account the Institute's existing cooperation with economic operators, attract private sector funding and based on the opinions of experts, the economy of 2010 December 31, with the Cabinet's decision can be made into a National Institute – derived public person. Research Institute – derived public person-is a scientific Institute, a government agency, the successor to the rights and obligations. "
17. 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 the admission of third-country nationals for purposes of scientific research."
Prime Minister, regional development and local Government Minister a. Štokenberg of the Minister of education and science Rivž B Note: the wording of the entry into force of the provisions by 31 December 2006.