About Science and Technology Park *

This Law regulates the legal, economic and organizational relations connected with the creation and operation of science and technology parks.

CHAPTER I. GENERAL PROVISIONS

Article 1. Definition of scientific and technological park

Under the scientific and technological park is understood the subject of innovative infrastructure that generates innovative potential corresponding to the current level of world science and technology development, innovation attracts scientific organizations, educational institutions, individuals and legal entities that interact among themselves and with public authorities and governments, to implement and (or) the formation of conditions for the realization of the innovation process.
The objectives of the Science and Technology Park is a comprehensive solution to the problem of rapid transfer of research results and project developments in production and bringing them to consumers on a commercial basis.
A business entity may be given the status of scientific and technological park, if it meets the following basic criteria:
1) the existence of legal status;
2) ownership of real estate or the presence in the management of real estate that meets the conditions for innovation;
3) the availability of service structures that meet the demand for innovative infrastructure services and provide support and maintenance, both beginners and existing innovative enterprises.
As a science and technology park may act in accordance with the Law of Turkmenistan "On innovation activity" Science and Technology Center, Technology Center, a business incubator, innovation center, shared innovation center, technology transfer center and other legal persons who have received the status of scientific technology park in the manner prescribed by the relevant provisions of this Act. These

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* Translation from the state language of Turkmenistan.
Organizations may have the status of science and technology park in an independent legal entity, and by combining them under uniform management.
Other terms used in this Act shall apply to the values ​​in which they are defined in the legislation of Turkmenistan.

Article 2. Legislation of Turkmenistan
on scientific and technological parks


The legislation of Turkmenistan on scientific and technological parks based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan regulating relations in research and innovation.
If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.

CHAPTER II. ESTABLISHMENT AND ACTIVITIES
Science and Technology Park

Article 3. Goals and objectives of the establishment and activities
science and technology parks

1. The objectives of the establishment and activities of scientific and technological parks are:
1) implementation of innovative activities aimed at achieving the priorities and sustainable socio-economic development of Turkmenistan;
2) The promotion of innovative ideas and products to the domestic and international markets;
3) development of scientific research and development work focused on the introduction of innovative products;
4) strengthening the links between science, education and production;
5) the development of small and medium-sized enterprises innovation orientation.
2. The objectives of the establishment and activities of scientific and technological parks are:
1) the creation of new and development of existing high technologies and organization of production of innovative products;
2) the development of innovative projects;
3) rational use of scientific potential and material and technical base for the commercialization of research results;
4) provision of services to residents of Science and Technology Park;
5) examination of innovative projects;
6) training, retraining and skills development for innovation;
7) identification of foreign innovative technologies and other innovations and linking them to local conditions;
8) The development of international relations in the sphere of innovations.

Article 4. The basic functions of scientific and technological
park

1. The main functions of the Science and Technology Park are:
1) creation of a new or significantly improved type of innovative product (good or service), the implementation of measures for its commercialization, organization and maintenance of the production of knowledge-based competitive in the domestic and foreign markets innovative products;
2) creation of a data bank on research results and offers innovative character of practical value for use in the economy;
3) it participates in the development and implementation of national and international scientific and technological programs (projects);

4) hire and employ in its operations risk (venture) capital;
5) evaluation and selection of innovative projects, the assessment of commercial risk innovative proposals, marketing relevant products, the search for partners and funding sources, the promotion of innovative projects in insurance;
6) participation in innovation and technology monitoring;
7) information and methodological, legal, and consulting to ensure residents Science and Technology Park, providing patent and licensing assistance;
8) promote the creation of innovative enterprises, providing them with scientific and technical consulting, engineering, leasing and other services;
9) provide on a contractual basis of innovative enterprises, which is part of the scientific and technological park, laboratory and experimental-industrial areas, the equipment to carry out research and development projects, office buildings, demonstration and conference rooms;
10) involvement of scientific and pedagogical staff of scientific organizations and higher education institutions to develop and implement innovative projects;
11) the organization of targeted training, retraining and advanced training of personnel required for the development and implementation of innovative projects;
12) development of international cooperation in the field of research and innovation activities, the selection of foreign partners, promotion of foreign investment;
13) the organization of international conferences and exhibitions and participation in them;
14) other functions that are not prohibited by the legislation of Turkmenistan.
2. As part of the Science and Technology Park is not allowed implementation of activities such as trading and brokerage business, the provision of personal services, manufacturing and processing of excisable goods and other species that do not meet the objectives of science and technology park.

Article 5. Establishment and State Registration
Science and Technology Park

1. The decision to establish a science and technology park is taken by the founder (s) in the order certain by the present Law and other normative legal acts of Turkmenistan.
The founders of the science and technology parks may be legal entities and (or) physical persons, including foreign ones.
2. In the memorandum on the establishment of scientific and technological park defined obligations founders to create a science and technology park, the procedure for their joint activities on its creation, conditions for the transfer of scientific and technological park of the property and equipment and intangible assets of the founders.
3
. The subject of innovative infrastructure becomes a legal entity with the status of science and technology park of the date of its state registration. State registration of scientific and technological park is carried out in accordance with the law, taking into account the conditions set out in Article 6 of this Law.
4. For state registration of a person is drawn to the authorized state body in charge of registration of legal entities, the submission of documents, the list of which is determined by the legislation of Turkmenistan Science and Technology Park founder (s) or person authorized by him (them).
Also provided the following information:
1) the concept of science and technology park;
2) the list of priorities of the Science and Technology Park;
3) information about the proposed research and the available scientific results, the implementation of which will ensure the development of science and technology park;
4) information on existing and potential objects of industrial, engineering, transport and social infrastructure that will be used in the activities of scientific and technological park;
5) a list of legal entities and individuals applying for resident status in science and technology park.

Article 6. The assignment of the status of scientific terms
Technology Park

1. Assigning the status of scientific and technological park of the subjects of innovation infrastructure is carried out under the following conditions:
1) the availability of cost-based concept of the development of scientific and technological park that includes:
- organizational structure of the Science and Technology Park;
- Resettlement plan and related material and technical equipment of science and technology park, including the research, test and measurement, laboratory, industrial and technological equipment;
- List of property Science and Technology Park, including a list of property to its residents;
2) having a plan to attract and placement on the territory of science and technology park as much as possible the number of residents of the Science and Technology Park;
3) the availability of the list of services, planned to provide residents of the Science and Technology Park;
4) the availability of reserve areas for the development of science and technology park.
2. When assigning the status of science and technology park is also following its functioning are taken into account:

1) when renting innovative companies and organizations that provide maintenance services, the share of office space shall be not more than 30 per cent of residents rented scientific and technological park of the total area;
2) innovation implemented in the Science and Technology Park project;
3) the commercial feasibility of development projects;
4) the priority areas of the main activity of the scientific-technological park for the economy of Turkmenistan;
5) the use of incentive measures for the effective implementation of innovative projects;
6) equality of rights, obligations and responsibilities of all actors of innovation;
7) a systematic approach to provide the necessary complex of services to residents of scientific-technological park. 3
. Title Science and Technology Park is assigned for a period of 10 years with the possibility of further extension.
4. The procedure for assigning the subjects of science and technology park innovation infrastructure status is determined by the authorized state body in the field of regulation of innovative activity in coordination with the authorized state body regulating the activities in the field of science and technology, and other interested governments.

Article 7. The legal status of a resident
Science and Technology Park

1. As a resident legal or natural person can be considered scientific and technological park that meets the following requirements:
1) are registered in the territory of Turkmenistan in accordance with established procedure;
2) are engaged in the development and implementation of innovation and (or) transfer of technologies resulting from these activities;
3) implement innovative projects;
4) are engaged in providing services aimed at the implementation of innovative projects and other services to other residents of scientific-technological park.
In accordance with the directions of activity of the scientific and technological park additional requirements in respect of its residents can be installed.
Relations Science and Technology Park to the residents of scientifically-technological park are carried out on a contractual basis in accordance with the law.
2. For information about the resident science and technology park shall be entered in the register of residents of the Science and Technology Park, which includes the following information:
1) complete and (if available) abbreviated name, including business name, - for legal entities;
2) surname, first name, middle name, place of registration -for individuals;

3) organizational and legal form - for legal entities;
4) the address (location) of the permanent executive body of the legal entity through which to communicate with the entity;
5) activity of resident Science and Technology Park;
6) the date of assignment of the status of resident of scientifically-technological park and its validity. 3
. Legal or natural person recognized by residents of scientifically-technological park and included in the register of residents of the Science and Technology Park, enter into an agreement with the management of scientific and technological park of the joint venture, to place on its territory and the use of scientific and technological equipment Science and Technology Park.
4. If the legal or natural person does not comply with the requirements set out in Part 1 of this article, they will lose their resident status in science and technology park and are excluded from its registry. This decision may be appealed to the authorized state body in the sphere of innovation activity regulation or court.


Article 8. Structure of the Science and Technology Park

1. Science and Technology Park forms its own organizational structure, unless otherwise provided by the constituent documents.
2. The structure of the Science and Technology Park is determined based on the guidelines and the specifics of its activities. 3
. Mandatory structural components of the Science and Technology Park is a business incubator, a technology transfer center and service organizations.
4. Activities of business incubators and technology transfer centers as part of the scientific and technological park in accordance with the Law of Turkmenistan "On innovation activity" and other normative legal acts of Turkmenistan.
5. Service organizations are created in the Science and Technology Park to provide information to its residents, legal, patent, license, engineering, marketing, accounting, financial, advertising and publishing, and other services which are not contrary to the purposes and objectives of science and technology park.
6. To achieve its objectives Science and Technology Park is to organize in the structure shared services, including laboratories, design offices, experimental production, and computer training centers, commerce and service marketing, maintenance facilities.

Article 9. Management of Science and Technology Park


1. The structure and the formation of management bodies, their competence, rights and obligations, as well as the procedure for organizing the activities of scientific and technological park are determined by the constituent documents.
2. Mandatory part of scientific and technological park management system is scientific and advisory council (scientific and technical council, academic council or other).
Scientific Expert Council of Science and Technology Park:
1) develop recommendations for the main directions of activity of Research and Technology Park;
2) provides scientific-technical and methodical examination of work, the implementation of which is proposed to carry out in the Science and Technology Park;
3) develops the criteria according to which selects resident Science and Technology Park, makes recommendations for placement in the Research and Technology Park of innovative enterprises;
4) perform other functions provided by the constituent documents of the Science and Technology Park.

CHAPTER III. PUBLIC POLICY
IN THE FIELD OF CREATION AND ACTIVITIES
Science and Technology Park

Article 10. Objective and basic principles of state
policy in the sphere of creation and activity
science and technology parks

1. The goal of the state policy in the sphere of creation and activity of science and technology parks is to accelerate the innovation development of the country, providing its needs for innovative products, improving their competitiveness in domestic and international markets, the strengthening of the integration of science, education and industry.
2. The main principles of the state policy in the sphere of creation and activity of scientific-technological parks are:
1) the legality and transparency in matters related to the application of this Act; publicity of the decisions taken during its execution;
2) the intended use of the measures of state support for science and technology parks;
3) maintaining interaction between the scientific and technological parks;
4) ensuring equal access to state support of scientific and technological parks within their respective areas of their development;
5) protection of the rights and legitimate interests of science and technology parks and their residents in the domestic and international markets.

Article 11. State support
science and technology parks

1. The state determines the priority areas within which the state support of science and technology parks.

State support of science and technology parks should be targeted, and targeted and should not replace market mechanisms for the development of scientific and technological parks.
2. State support of science and technology parks is carried out of the government and management bodies through the provision of property, financial resources, tax and other benefits, information and other assistance to the founders and residents of the Science and Technology Park in accordance with this Law and other normative legal acts of Turkmenistan. 3
. Information and consulting support science and technology parks is carried out of the government and authorities in order to establish contacts with concerned business entities, to facilitate the promotion of innovative products of scientific and technological parks in the domestic and international markets, protect intellectual property, the development of other measures to ensure the promotion of scientific -technological parks.

Article 12. State PO
Science and Technology Park
innovative products,
the execution of works and services

1. Address science and technology parks with respect to the state order for the supply of innovative products, works and services for the implementation of the state innovation policy is regarded as a priority.
2. Perform scientific and technological park of the state order for the supply of innovative products, works and services provided on a contract (contract) basis in the manner determined by the legislation of Turkmenistan.

Article 13. State control over the activities
science and technology parks

The state control over the activities of science and technology parks is carried out by the authorized state body in the sphere of innovation activity regulation in cooperation with the authorized state body regulating the activities in the field of science and technology, in accordance with the legislation of Turkmenistan.


CHAPTER IV. ECONOMIC FUNDAMENTALS OF ACTIVITY Science and Technology Park

Article 14. Property relations
Science and Technology Park

1. Property of Science and Technology Park consists of material and financial resources, intellectual property and other proprietary rights.
2. Property and assets of the scientific and technological park are formed by:

1) the contributions of its founders in the authorized capital;
2) contributions of legal and physical persons, including foreign ones;
3) revenues from the activities of science and technology park;
4) property acquired scientific and technological park for other reasons that do not contradict the legislation of Turkmenistan. 3
. Property investments (including real estate) of the government and management bodies are transferred to the use of science and technology parks on the conditions determined by the Cabinet of Ministers of Turkmenistan.
4. To fulfill the statutory objectives Science and Technology Park is to create and share a reserve fund, a fund to support innovation activities and other funds provided by the constituent documents of the Science and Technology Park and the legislation of Turkmenistan.
5. Science and Technology Park The authorized fund is divided into shares between the founders in accordance with the size of their contribution.
6. Contributions to the charter Science and Technology Park Foundation may be money, securities, other things or property or other alienable rights having monetary value.
Science and technology parks have the right to acquire state assets and rented premises in accordance with the law.
7. The transfer to the statutory fund of scientific and technological park of immovable property located on the balance of public entities, carried out in coordination with the state body in charge of the affairs of the State Property Fund.
8. It may not be the transmission object to the statutory fund of scientific and technological park of the state property of national importance and are not subject to privatization in accordance with the law, as well as the objects included in the list of objects of state property not subject to privatization in accordance with the law.
9. The contributions to the statutory fund, the order of formation and use of funds and the provision of scientific and technological park is determined by the constituent documents.

Article 15. Financing of scientific and technological
park

1. Principles and procedures for the financing of scientific and technological park established in accordance with the law and the constituent documents of the Science and Technology Park.
2. The sources of financing science and technology park include:
1) authorized funds and other funds science and technology park;
2) Financial income from self-supporting activity of Science and Technology Park;
3) investments, including foreign ones, provided by science and technology parks;

4) repayable and charitable contributions, donations from individuals and legal entities;
5) bank loans, including foreign banks;
6) customer funds;
7) other sources of funding, not prohibited by the legislation of Turkmenistan. 3
. Financial support for the activities of science and technology parks can be carried out at the expense of budgetary and other resources of the state in accordance with the law.
4. In order to support the activities of science and technology parks can be created foundations of science and technology parks. The establishment and operation of funds of scientific and technological parks is determined by the legislation of Turkmenistan.
5. Science and Technology Park has the right to open accounts in national and foreign currency in banks and other financial institutions in accordance with the law.

Article 16. Taxation activity
Science and Technology Park

Assessment activities of scientific and technological park is made in accordance with the tax legislation of Turkmenistan.

Article 17. Application of customs duty
for scientific, laboratory and
research equipment,
component parts and materials,
purchased and imported into the territory
Turkmenistan's scientific and technological
parks

1. Scientific, laboratory and research equipment, as well as accessories to it, and materials that are not produced in Turkmenistan, purchased and imported into the territory of Turkmenistan Science and Technology Park, may conditionally be exempted from payment of customs duty on the basis of the decision of the Cabinet of Ministers of Turkmenistan.
2. Control over the targeted use of imported scientific and technological parks on the territory of Turkmenistan, scientific, laboratory and research equipment, as well as its components and materials that are not produced in Turkmenistan is carried out in accordance with the law. 3
. In the case of misuse of scientific and technological parks, scientific, laboratory and research equipment, component parts and materials vvezёnnyh to Turkmenistan with conditional exemption from customs duty, the amount of import customs duty, which is not levied, shall be chargeable by the customs authorities in accordance with the customs Turkmen law.

Article 18. The standardization and certification of equipment

science and technology parks

The standardization and certification of scientific, research and other equipment of scientific and technological parks, as well as the state accreditation (certification) created in these laboratories are carried out in accordance with the legislation of Turkmenistan.

Article 19. Property rights to the technology
and objects of intellectual rights
property

1. Technology and intellectual property rights, created by the implementation of innovative projects and as a result of other innovation Science and Technology Park, are the property of science and technology park, except as provided in paragraph 2 of this Article.
2. The authorized state body in the field of innovation activity regulation may limit the procedure prescribed by law, property rights on the use of technology and intellectual property rights, created at the expense of budgetary and other resources of the state, if the technology and (or) the object of intellectual property rights:
1) assigned to the sphere of national security and defense of Turkmenistan;
2) recognized as acceptable for use in the public interest;
3) brought to industrial use and sales of finished products, created exclusively at the expense of budget and other state funds. 3
. In the cases referred to in paragraph 2 of this article, Science and Technology Park has the right to use the technology and (or) the object of intellectual property rights, created at the expense of budgetary and other resources of the state, for their own needs, unless otherwise determined by the authorized state body in the field of management innovation.
4. Science and Technology Park within one month from the date of creation at the expense of budgetary and other funds of the state of technology and (or) the object of intellectual property rights must notify the authorized state body in the field of regulation of innovative activity of established technologies and (or) the object of intellectual property rights.
5. The authorized state body in the field of regulation of innovation activities within two months from the date of receipt of the notice provided for in subsection 4 of this Article shall notify the Science and Technology Park of his decision concerning the limitation of property rights to use the technology and (or) the object of intellectual property rights and of the grounds such a restriction in accordance with paragraph 2 of this article.

6. If the authorized state body in the field of regulation of innovation activity during the period referred to in paragraph 5 of this Article shall not be notified of its decision Science and Technology Park, the property rights to the technology and (or) the object of intellectual property rights, without limitation belong to science and technology parks in accordance with the law.

CHAPTER V. FINAL PROVISIONS

Article 20. Participation of scientific and technological parks in international cooperation

1. International cooperation in the field of creation and operation of science and technology parks is carried out on the basis of international treaties of Turkmenistan.
2. The main directions of international cooperation in the establishment and activities of scientific and technological parks are:
1) the use of one side of the science and technology parks on the other hand, on a reciprocal basis;
2) the creation of joint scientific and technological parks;
3) provision of material and technical, financial and organizational support for the creation and development of joint scientific and technological parks;
4) the use of the experience of the other side to create science and technology parks;
5) expansion of international partnership in the field of innovation, mutually beneficial exchange of innovative technologies and other innovations;
6) scientific and technological parks Turkmenistan's participation in international innovation programs (projects);
7) implementation in international markets licenses for technology and inventions made by scientists and inventors of Turkmenistan;
8) attract foreign scientists and specialists to work in the Scientific and Technological Park of Turkmenistan in accordance with the directions of their innovation activities;
9) direction of science and technology parks of Turkmenistan to foreign employees of innovation focus for training and exchange of experience. 3
. Scientific and technological parks, taking part in international innovation programs (projects), conclude contracts with foreign organizations and citizens in accordance with the law, unless otherwise provided by these treaties.

Article 21. Termination of activity
Science and Technology Park

The termination of activity of scientific-technological park is carried out exclusively by its liquidation on the grounds established by the legislation of Turkmenistan and the constituent documents of the Science and Technology Park.

Article 22. Responsibility for violation
this Act


Violation of this law entails responsibility in accordance with the legislation of Turkmenistan.

Article 23. Entry into force of this Act

This Law shall enter into force on the day of its official publication.

President Gurbanguly Berdimuhamedov of Turkmenistan


Mountains. Ashgabat
16 August 2014
number 107-V.