Scientific Organizations

Original Language Title: О научных организациях

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On scientific organizations this law determines the legal status, objectives, tasks and powers of the scientific organizations, their types and State regulation of scientific organizations.
 
Chapter i. General provisions article 1. The notion of scientific organization of scientific organization is a legal entity, regardless of the form of ownership and organization-legal form, which carries out as the primary research and (or) scientific and technical activities, and (or) experimental development (hereinafter referred to as the scientific activities), training and improvement of professional skill of scientific staff and operates in accordance with the legislation of Turkmenistan and the founding documents.
 
Article 2. The legislation of Turkmenistan on scientific organizations the legislation of Turkmenistan on scientific organizations is based on the Constitution of Turkmenistan, and consists of this law and other normative legal acts of Turkmenistan, regulating the activity of scientific organizations.
If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. The legal status of scientific organizations 1. Activity of the research organisations carried out in accordance with the State scientific and technical policy and legislation of Turkmenistan and is determined by their statutes.
2. the relationship between scientific organizations and end-users of the outputs of scientific activities shall be governed by the laws of Turkmenistan.
3. Scientific Organization owns, uses and disposes of the property referred to it by the founder (founders) for the implementation of research activities.
Order of possession, use and disposition of property of scientific organization is determined by the legislation of Turkmenistan.
4. scientific organizations support and develop their scientific-research and experimental-experimental base, update production funds.
5. the establishment, registration, reorganization and liquidation of scientific organizations are made in the order established by the legislation of Turkmenistan.
 
Article 4. Objectives and tasks of scientific organization 1. Scientific objectives of the Organization are: 1) conduct fundamental and applied scientific research aimed at getting new knowledge about the laws of development of nature, society, man and the State, contributing to the technological, economic and social development of Turkmenistan;
2) expert scientific support activities of bodies of State power and management;
3) full support to the development of a science and technics in Turkmenistan;
4) distribution and enhance scientific knowledge;
5) strengthening links between science and education;
6) strengthening links between science and industry;
7) formation and development of human capacities in the field of science;
8) promoting the status and social protection of researchers.
2. the main tasks of the scientific organization are: 1) elaboration of proposals for the formulation and implementation of State scientific and technical policy;
2) examination of the scientific and technical programmes and projects;
3) developing research programmes in accordance with the programmes of social and economic development of Turkmenistan;
4) providing scientific advice and expertise State authorities of Turkmenistan, local self-government bodies, as well as legal and natural persons;
5) study and analysis of the achievements of world and domestic science, development of recommendations for their use in the interests of Turkmenistan;
6) finding ways to increase the degree of integration of science and education, science and production;
7) preparation of proposals aimed at the development of the material and the social base of the scientific organizations, strengthening social protection of researchers;
8) improve the system of research training, improve their skills;
9) popularization and promotion of science, scientific knowledge and scientific and technological developments.
 
Article 5. Powers of the scientific organization of the powers of the scientific organization include: 1) an independent formation of the basic directions of scientific activity;
2) performing scientific research;
3) participate in competitions for research funding due to the sources provided by the legislation of Turkmenistan;
4) elaboration of proposals on priority directions of development of fundamental and applied research in Turkmenistan;
5) participate in expert committees, issuing recommendations on areas and volumes of public funding of basic and applied scientific research organizations of Turkmenistan;
6) assessments of scientific and technical programs and projects, their monitoring and evaluation, as well as conducting examinations results academic activities carried out at the expense of the State budget of Turkmenistan on instructions from authorities of Turkmenistan;
7) participated in the drafting and examination of normative legal acts in the field of scientific activity, scientific protection of intellectual property;
8) implementation of publishing activities, including the publication of scientific journals, monographs and other kinds of scientific papers, periodicals and serials, formation of a database of scientific and technical information;
9) holding of scientific conferences and other scholarly activities;

10) approbation of research results and their application in industry;
11) creation of scientific, expert and coordinating councils, commissions on major directions of scientific activity;
12) conclusion of legal entities and natural persons to carry out works contracts research nature on a reimbursable basis;
13) establishment of experimental-industrial laboratories, research-and-production centers and other structures with the purpose of realization of products created by scientific activity;
14) Organization and implementation of training and advanced training of scientific personnel;
15) carrying out professional attestation of scientific personnel;
16) to assist researchers in registration and obtaining of documents attesting to the right to the results of intellectual activity, as well as in the protection of their copyrights;
17) cooperation with institutions of higher education by creating research units (laboratories, basic chairs) as on the basis of higher educational establishments and scientific based organization;
18) establishment (or membership) scientific societies, associations, unions, as well as enterprises, joint-stock companies and other innovative organizations and communities whose activity lies in the practical application (introduction) of the results of scientific activity, in accordance with this law and other normative legal acts of Turkmenistan;
19) participation in international scientific organizations, concluding agreements on scientific and technical, scientific and information cooperation with scientific organizations of foreign States, participation in organizing and conducting international scientific congresses, conferences, symposia and workshops, as well as conducting foreign economic activities, in accordance with the law and international treaties to which Turkmenistan is a party.
 
Article 6. Charter Charter science organization science organization must contain: 1) name, legal address scientific organization;
2) information about founder (founders), together with an indication of its legal address, bank details;
3) scientific activities of the Organization;
4) information about the Administration and control of the activities of the scientific organization;
5) conditions of reorganization and liquidation of a scientific organization;
6) the main directions of scientific activity;
7) the conditions and procedure for granting scientific organization scientific advisory and expert services to bodies of State power and administration of Turkmenistan, bodies of local self-government, as well as legal and natural persons;
8) information about the procedure for providing information on the activities of the scientific organization, founder of the Academy of Sciences of Turkmenistan (hereinafter referred to as the Academy of Sciences) and other interested parties;
9) other information stipulated by the legislation of Turkmenistan.
 
Article 7. Information support of scientific organizations 1. Scientific organizations: 1) create information resources in science and technology;
2) collect, analytical processing and archiving of scientific and technical information;
3) acquire literature, including domestic and foreign scientific journals, books, and other publications that meet the scientific directions of their activities;
4) carry out information exchange with the scientific organizations of foreign States, are involved in the formation of an Interstate system information structures.
2. Scientific organizations have access to the archive and public information in the manner prescribed by the legislation of Turkmenistan.
Bodies of State power and administration and their structural subdivisions, local executive bodies and local Governments upon request, scientific organizations provide information necessary for the completion of planned scientific research, in accordance with the legislation of Turkmenistan.
3. Scientific organizations have access to international information assets and systems in the field of science and technology in accordance with the law and international treaties to which Turkmenistan is a party.
 
CHAPTER II. TYPES of SCIENTIFIC ORGANIZATIONS Article 8. The form of ownership of scientific organizations in accordance with the legislation of Turkmenistan scientific organizations may be: 1) in State property;
2) owned by public associations;
3) in mixed ownership;
4) in property joint ventures.
 
Article 9. Organizational-legal forms of scientific organizations 1. Scientific organizations carry out activities in the following organizational and legal forms: 1) State scientific organization;
2) Association of research workers;
3) scientific organization of the public association;
4) business company State scientific organization;
5) joint scientific society;
6) joint scientific organization.
2. the laws of Turkmenistan may be provided for the establishment of scientific organizations and in other legal forms.
 
Article 10. State scientific organization 1. Foundation of the science of Turkmenistan comprise the State scientific organization.
2. State scientific organization is the organization founded by bodies of State power and administration.
3. the founders of a State scientific organizations provide basic and circulating funds, land and other public property, used in the activities under their statutes.

State scientific organization has the right to possess, use and dispose of property, being in public ownership, in the manner and within the limits established by the legislation of Turkmenistan.
4. the structure of the State scientific organization, as well as the order of the Office derives from its founder (founders) and fixed in the Charter.
5. State scientific organization is liable for its obligations with all its assets.
State scientific organization is not responsible for the obligations of the founder, and the founder is not responsible for its obligations, in addition to the docked for the property.
6. public scientific organizations are entitled, in accordance with the current legislation of Turkmenistan by concluding agreements to transfer on a reimbursable loan basis assets on their balance sheet, to businesses and individuals to use the funds as additional financing for development of its logistical base, incentive and promotion of scientific activities of its employees.
 
Article 11. Association of research workers 1. Association of scientific workers is voluntary, self-governing, non-profit organization, created on the initiative of researchers coming together on the basis of common research interests in order to meet the challenges of targeted development of perspective directions of science and technology, scientific concentration of forces on the conduct of specific research, exchange of scientific knowledge and experience in the Organization and carrying out of scientific researches, as well as to protect the professional interests of researchers.
2. public associations are legal entities researchers carry out their activities in accordance with their statutes, subject to registration in accordance with the legislation of Turkmenistan on public associations.
3. public associations can be created by scientists in one of the following legal forms: 1) public organization created for joint scientific activities;
2) Foundation is an association whose purpose is to create a property on the basis of voluntary contributions, other not prohibited by the legislation of Turkmenistan proceeds and use of the property for the realization of projects concerning the development of science and technology.
4. Public authorities and management can involve voluntary associations of scientists in the preparation of draft decisions in the field of science and technology, research expertise, as well as on a competitive basis to implement scientific and technical programs and projects financed by the State budget of Turkmenistan.
5. Associations of academics can cooperate with foreign and international scientific organizations, be collective members of international scientific associations, unions, societies, in accordance with the law and international treaties to which Turkmenistan is a party.
6. Financing of scientific activities of public associations of researchers is carried out at the expense of their own, raised and other sources of funds, not forbidden the legislation of Turkmenistan.
7. The management of the public association of scientific workers is determined by its Charter.
8. A public association of scientific workers is liable for its obligations with all property belonging to him.
 
Article 12. Scientific Organization of the public association 1. Scientific organizations of public associations are organizations created by voluntary associations.
2. the right of voluntary associations to create scientific organizations must be enshrined in their constitutive instruments.
3. Activities of scientific organizations of public associations must be linked to the performance of their main goals and objectives.
4. Scientific organizations of public associations are created at the expense of these associations, as well as other financial assets and other property not forbidden the legislation of Turkmenistan.
5. The management of the scientific organization of the public association is determined by its Charter.
6. Scientific Organization of a public association is liable for its obligations with all its assets.
 
 
Article 13. Business company State scientific organization 1. Public research organizations have the right to be founders (including jointly with others) of business entities whose activity is in practical application (implementation) of the results of their scientific activities.
2. Public research organization as a major contribution to the statutory capital of companies making the right to use the results of intellectual activities to which exclusive rights reserved data scientific organizations.
Contributed as a contribution to the statutory capital companies the right to use the results of intellectual activity cannot be granted to business entities to third parties under the Treaty, as well as be made available to third parties on other grounds, unless otherwise provided by the legislation of Turkmenistan.

3. State scientific organization, as a contribution to the statutory capital of companies can make the equipment in their operational management, in the manner prescribed by the legislation of Turkmenistan.
4. established by the Treaty of the income (profits) derived from the activities of business entities, the founders of which are State scientific organization, arrives in their independent order, taken into account in a separate account and shall only be provided to the implementation of the statutory activities of the scientific organizations, legal protection of the results of intellectual activity, remuneration of their researchers.
5. the establishment and operation of companies public research organizations are carried out in accordance with the legislation of Turkmenistan on enterprises.
 
Article 14. Joint scientific society 1. Joint scientific societies may be established for the implementation of scientific and technical programmes, with priority of national importance aimed at solving strategic programmes of socio-economic development of Turkmenistan, as well as to attract, including foreign investments, current scientific knowledge and technology, highly professional scientific capacity.
2. The founders of joint scientific society may make scientific organizations irrespective of their form of ownership, the corresponding industrial and educational structure of Turkmenistan and foreign States.
3. Joint research society in the complex carry out research and scientific-technical activities, experimental development in accordance with its statutory goals.
4. Joint scientific societies are established and operated in accordance with this law, Turkmenistan law "on joint-stock companies" and other normative legal acts of Turkmenistan.
 
Article 15. Joint scientific organization 1. Joint research organization is a scientific organization, created in the order established by the legislation of Turkmenistan, in order to undertake scientific activities in priority areas for the development of science and technology by consolidating and sharing of property of scientific organizations of Turkmenistan and scientific organizations of foreign States.
2. Joint research organization created and operated in accordance with the law and international treaties of Turkmenistan and its founding documents.
 
CHAPTER III. TYPES of SCIENTIFIC ORGANIZATIONS Article 16. The system of scientific organizations 1. Scientific organizations in Turkmenistan on directions of scientific activity and profile of fundamental and applied research are classified into the following types: 1) research institutes;
2) scientific and technological centres;
3) scientific and clinical centres;
4) research-and-production centers;
5) scientific and design centers;
6) experimental-production laboratories;
7) other organizations engaged in scientific activities.
2. Scientific organizations in Turkmenistan on departmental subordination are subdivided as follows: 1) academia Academy of Sciences;
2) interdisciplinary scientific organization;
3) industry research organization;
4) scientific organizations of higher education;
5) scientific organizations of public associations.
 
Article 17. Research institutes 1. Research Institute is a scientific organization which carries out as the primary research and (or) scientific and technical activities, the main directions of which are determined by its Charter, training and improvement of professional skill of scientific personnel.
2. Research Institute is a legal entity, created and operated in accordance with this law and other normative legal acts of Turkmenistan, articles of incorporation, with its Charter.
3. Research Institute can be based on ownership, stipulated by article 8 of this law.
4. Research Institute can carry out its activities in the following organizational and legal forms: 1) State scientific organization;
2) scientific organization of the public association;
3) joint scientific organization.
5. Research institutions on departmental subordination may be created in the system of the Academy of Sciences, higher education institutions, sectoral ministries and departments, public associations, and also be included in science and technology centers.
6. Research institutions to study and scientific analysis of human rights, gosudarstvovedeniâ, law, political science, sociology and other relevant socio-economic, socio-political issues can be created when high organs of State power and management of Turkmenistan.
Research institutions with the highest State authorities and management of Turkmenistan carried out their activities in accordance with this law and other normative legal acts of Turkmenistan and its statutes.
7. the organizational and staffing structure Research Institute includes scientific departments and laboratories and sector positions in academia.
8. Management of research institutions is carried out in accordance with the legislation of Turkmenistan and their statutes.

9. Direct Management Research Institute carries out its Director appointed to Office and released from Office in the manner prescribed by the legislation of Turkmenistan.
10. A Research Institute created a collegiate management body of Science-Scientific Council, powers and organization of work determined by the present law and Charter Research Institute.
 
Article 18. Scientific and technological centres 1. Scientific and technological centers are created to ensure optimum interaction of science, education, production and business in the area of priority directions of creation and development of new and high technologies, as well as promising productions based on such technologies.
The basic subject of activity of the scientific-technological centers is an innovative development of major technological trends and individual sectors of the economy of Turkmenistan.
2. the scientific and technological centers: 1) concentrate the resources devoted to innovation in priority areas of socio-economic development of Turkmenistan;
2) integrates scientific research, scientific, technical, educational and innovative activities, as well as experimental development;
3) combine into a single set of scientific organizations, educational institutions, production and social infrastructure;
4) operate on several priority directions of development of technology of Turkmenistan economy.
3. the founders of scientific-technological centres can serve the Organization (legal person) of Turkmenistan, foreign States and international organizations engaged in scientific, industrial, innovation and other activities that perform complex works on development, production and sales of new products.
Of the founders of scientific-technological centres could include banks and (or) non-bank credit and financial institutions.
4. Scientific and technological centres may be established on the basis of the system of the Academy of Sciences of scientific organizations, higher educational institutions and enterprises, organizations, sectors of the economy.
5. Science and Technology Center is a legal entity and may be based on mixed or joint ownership.
Science and technology centre can carry out activities in the following organizational and legal forms: 1) joint scientific society;
2) joint scientific organization.
Membership in the science and Technology Centre does not change ownership and organizational-legal forms of organizations, its components.
6. Scientific and technological centers concentrate the resources of the State, private capital flows, foreign investment in innovative activities in priority areas of socio-economic development of Turkmenistan.
Funding of scientific and technological centers are: 1) the contributions of the founders;
2) income derived from the transfer of property rights to the results of scientific, scientific engineering and innovation activity, is owned by the science and technology centre;
3) deductions from profits arising from the execution of orders on scientific research on the creation of high-tech products and other commercial activities;
4) other revenue and income, not forbidden the legislation of Turkmenistan.
7. Form of management science and technology centre, which may be the Council of founders, scientific-technical Council, external management company and the other is determined by the founding documents.
8. Scientific and technological Center can be a parent organization-contractor for State scientific and technical programmes.
9. Scientific and technological centres can carry out entrepreneurial activities necessary to achieve the goals envisaged by the regulations on the conditions and in the manner established by the legislation of Turkmenistan.
10. Procedure for interaction and coordination of science and Technology Center and its founders, other legal persons is determined by the founding documents of the scientific-technological Center.
11. the scientific and technological centres responsible for complex solution of tasks associated with research, development, production and marketing of new products on crucial technological areas.
12. The order of creation, reorganization, liquidation and conditions of scientific and technological centre is determined by this law and other normative legal acts of Turkmenistan and the regulation on it, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 19. Scientific and clinical centres 1. Scientific and clinical centers-specialized medical facilities for research work, diagnosis, prevention and treatment of diseases.
2. the scientific and clinical centres include clinical units (departments, divisions, laboratories) higher educational establishments and research institutes, medical profile, providing training, retraining and improvement of professional skill of medical personnel, the development and introduction of new medical technologies, as well as relevant medical institutions.

3. Status of the clinical hospital centre of medical-prophylactic institution assigned by the authorized body of State administration in the field of health and medical industry on joint submission of the management bodies of scientific-clinical center, higher education institution and (or) Research Institute. Basis for the attribution of the status of the scientific-clinical center is the presence of clinical units of higher educational institution and (or) Research Institute of medical profile.
4. Scientific-Clinical Center can be based on the following forms of ownership: 1) public property;
2) property joint ventures.
5. Scientific-Clinical Center can carry out its activities in the following organizational and legal forms: 1) State scientific organization;
2) joint scientific organization.
6. Scientific-Clinical Center is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan, articles of incorporation, with its Charter.
7. scientific-clinical Center creates a collegial management body of Science-Scientific Council, powers and organization of work determined by the present law and the Statute of the scientific-clinical center.
8. the main tasks of scientific clinical Centre are: 1) providing conditions for research, development and deployment of highly effective modern medical technologies;
2) providing high quality medical care for the population;
3) creation of conditions for the Organization and holding of educational and pedagogical process for the preparation of medical and pharmaceutical personnel industry.
9. To meet the objectives of scientific and clinical centres: 1) organizing joint activities of specialized departments with divisions of the higher education institution or Research Institute to provide diagnostic, therapeutic, counselling and rehabilitation;
2) create the necessary conditions for the holding of educational and pedagogical process using modern teaching methods, the latest achievements of science and practice;
3) carry out clinical and pathoanatomical conferences, seminars, symposiums, scientific-practical conferences and other activities that improve the efficiency of medical-diagnostic process and introduction of new medical technologies;
4) provide the design and conduct of clinical trials in accordance with the established procedure, the expert assessment of new effective methods of diagnostics, treatment, rehabilitation, prevention of diseases and complications, publication of scientific and technical works and scientific and medical research, benefits;
5) carry out other activities, taking into account their specificities.
10. Scientific and clinical centres can carry out institutional and (or) methodological guidance to other hospitals and offices of the same profile on a certain territory and provide advice to the public.
 
Article 20. Research-and-production centers 1. Research-and-production centers are established in order to introduce research results into production, the advanced achievements of World Science.
Research-and-production centres in the main scientific and technical work and experimental development, the main directions of which are determined by their statutes.
Research-and-production centers to advance innovation and innovation culture, creation and the market of high-technology products, as well as the integration of production, business and science.
2. Research and production center can be based on the following forms of ownership: 1) public property;
2) ownership of public associations;
3) property joint ventures.
3. Research and production center can carry out activities in the following organizational and legal forms: 1) State scientific organization;
2) scientific organization of the public association;
3) business company State scientific organization;
4) joint scientific organization.
4. Research-and-production center is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan, articles of incorporation, with its Charter.
5. Research-and-production centers for departmental affiliation may be established scientific research institutes of Academy of Sciences, universities, ministries and departments, public associations and be part of the science and technology centers.
6. Research and production center in the organizational and staffing structure has scientific departments and laboratories of the sector, which establishes the post of research workers, as well as appropriate subdivisions of the productive and infrastructural assignments with staff of the relevant professions and occupations.
 
Article 21. Research and design centers
 

1. research and design centres in the main scientific and technical work and experimental development and created in order to design innovative technological, architectural, constructive solutions, developing and implementing models of promising innovative objects, as well as contribute to the promotion of innovation and innovation culture, creation and the market of high-technology products.
2. Research and design centre may be based on the following forms of ownership: 1) public property;
2) ownership of public associations;
3) property joint ventures.
3. Research and design centre can carry out activities in the following organizational and legal forms: 1) State scientific organization;
2) scientific organization of the public association;
3) business company State scientific organization;
4) joint scientific organization.
4. Research and design centre is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan, articles of incorporation, with its Charter.
5. the project centres may be established scientific, industrial and educational organizations, associations of planners and be part of the science and technology centers.
6. Research and design centre in the organizational and staffing structure has scientific departments, which establish positions in academia.
 
Article 22. Experimental-production laboratories 1. Experimental-production laboratories are created with the purpose of carrying out experimental work in accordance with the objectives of scientific, technological and innovation development of economic sectors of Turkmenistan.
2. Experimental-production laboratories studying foreign and domestic experience of scientific-research and experimental activities, carry out work on the development of innovative products, application of new materials in engineered products, economical expenditure of raw material resources.
3. Experimental-production laboratories provide monitoring and Instrumentation work, technological discipline in parts, prepare economic justifications for renewal equipment, supervise the maintenance technology equipment.
4. Experimental-production laboratories quality control coming into the production of raw materials, semi-manufactured goods, as well as finished products with a view to determining whether their current manufacturing standards and technical requirements, environmental standards.
5. Experimental-production laboratories acquires the status of a scientific organization under the following conditions: 1) experimental development as a kind of scientific activities are an obligatory part of the work;
2) in standard structures are post researchers;
3) are legal entities.
6. Experimental-production laboratories can be based on the following forms of ownership: 1) public property;
2) ownership of public associations;
3) property joint ventures.
7. Experimental-production laboratories operate in the following organizational and legal forms: 1) State scientific organization;
2) scientific organization of the public association;
3) business company State scientific organization;
4) joint scientific organization.
8. Experimental-production laboratories as may be established on the basis of scientific organizations and on the basis of production enterprises.
 
Article 23. Other organizations carrying out scientific activities 1. The Organization, for which the scientific activity is not the main activity, in order to meet the objectives enshrined in their constitutive instruments, the right to create the structure of the scientific divisions.
2. scientific organizations can create temporary scientific teams, bringing together individuals without formation(education) of the legal person and carrying out scientific activities in accordance with the competition received a grant, or in accordance with the Treaty.
3. organizations participating in scientific service scientific activities include the Organization of scientific and technical expertise, scientific and technical information, scientific libraries, innovation funds and others.
4. The organizations referred to in this article, in part related to their scientific structure and (or) academics, posts are subject to the provisions of the scientific organization, provided by the present law and the Turkmenistan law "on the status of the researcher", other normative legal acts of Turkmenistan in the field of scientific activity.
 
Article 24. Interdisciplinary scientific organization 1. In order to realize interdisciplinary research programs of national importance and strategic programs aimed at addressing the socio-economic development of Turkmenistan, as well as in order to attract substantial investments, current scientific knowledge and technology, highly professional scientific capacity can be created interdisciplinary scientific organization.
2. Interdisciplinary scientific organization may be: 1) in State property;
2) in property joint ventures;
3) in mixed ownership.

3. Interdisciplinary scientific organization may operate in the following organizational and legal forms: 1) State scientific organization;
2) joint scientific organization;
3) joint scientific society.
4. Interdisciplinary scientific organization on directions of scientific activity and profile of fundamental and applied research can be of the following types: 1) research institutes;
2) scientific and technological centres.
5. A multidisciplinary scientific organization is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan, articles of incorporation, with its Charter.
 
Article 25. Industry research organization 1. For the purposes of scientific, technological and innovation development of economic sectors of Turkmenistan at ministries, departments can generate industry research organization.
2. Industry research organizations can be: 1) in State property;
2) in property joint ventures.
3. Industry research organizations may undertake activities in the following organizational and legal forms: 1) State scientific organization;
2) joint scientific organization.
4. Types of sectoral research organizations are determined by the present law and their statutes.
5. Industrial Research Organization is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan, articles of incorporation, with its Charter.
 
Article 26. Academic organizations of higher educational institutions 1. Academic organizations of higher education institutions are created in order to integrate educational and scientific activities to: 1) the effective use of scientific potential of high school in order to solve scientific and technical problems of economic development;
2) priority development of fundamental and exploratory research, development and creation of fundamentally new techniques, technologies and materials;
3) enhancing the quality of training through the active use of research results in the educational process, involvement of students for scientific research, formation of scientific schools and qualified research teams;
4) provide training in higher educational institutions of scientific personnel for different industries on the basis of the latest scientific and technical progress;
5) development of promising forms of scientific and technical cooperation with the sectors of the economy with a view to the joint decision of scientific and technical tasks and increase the utilization of the development of scholars of higher education institutions in the production;
6) enhance international scientific and technological cooperation with educational institutions, scientific organizations and firms of foreign countries with a view to the joint development and organization of manufacture of competitive scientific and technical products;
7) creation of qualitatively new experimental-production base of high school;
8) Organization of inter-university territorial research-and-production systems in the field of service science;
9) research and development of theoretical and methodological bases of formation and development of the integrated system of lifelong education.
2. For research institutions of higher education have the right to at its base to establish, in accordance with the present law are on independent balance and having the status of legal person in scientific organizations of various types, ownership, organizational and legal forms.
 
Article 27. Scientific organizations of public associations 1. In order to meet the statutory objectives of public associations, including those aimed at technical, scientific and innovative development of the economy of Turkmenistan, the formation of the modern industrial and business infrastructure, development of the private sector of the economy, enhancing the effective participation of citizens in social and economic life of the State and others, when they can be created by scientific organizations.
2. Types of scientific organizations of public associations shall be determined by the present law and their statutes.
3. Scientific Organization of a public association is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan and its Charter.
 
CHAPTER IV. ACADEMY of SCIENCES of TURKMENISTAN Article 28. The legal status of the Academy of Sciences 1. Academy of Sciences-State scientific organization, created in order to: 1) realization of the State scientific and technical policy;
2) preparation of State scientific and technical programmes and their implementation;
3) coordination of fundamental and applied scientific research conducted in Turkmenistan on critical areas of natural, technical, medical, agricultural, social sciences and Humanities;
4) introduction of scientific achievements in production;
5) expert scientific support activities of bodies of State power and administration;
6) training and refresher training of scientific personnel, including scientific and pedagogical workers of higher educational establishments;
7) scientific-methodical management of science research organizations of Turkmenistan.
2. Academy of Sciences created, reorganized and liquidated the acts of the President of Turkmenistan.

3. the activities of the Academy of Sciences shall be regulated by this law, the regulations on the National Academy of Sciences and other normative legal acts of Turkmenistan.
4. Academy of Sciences is controlled by the General Assembly, whose powers are determined by the Position of the Academy of Sciences.
5. in the period between the General meetings is an elected body of the Academy of Sciences-the Presidium of the Academy of Sciences.
The Presidium of the Academy of Sciences is the standing collective executive body of the Academy of Sciences, whose powers are determined by the Position of the Academy of Sciences.
6. the President of the Academy of Sciences of the Academy of Sciences.
President of the Academy of Sciences was elected by the general meeting by a secret ballot, a simple majority for a term of five years and is approved by the President of Turkmenistan.
7. the organizational, legal, analytical, informational, financial and logistical support to the activities of the Academy of Sciences of the Academy of Sciences, the apparatus is carried out the order of which is determined by the Position of the Academy of Sciences.
8. procedure of activity of subordinate organizations is defined by the position of Academy of Sciences of the Academy of Sciences.
9. the situation of the Academy of Sciences is approved by the President of Turkmenistan on presentation general meeting of the Academy of Sciences.
10. Academy of science has the right to possess, use and dispose of her property passed into State property, in accordance with this law, the regulations of the Academy of Sciences and other normative legal acts of Turkmenistan, including the right of establishment, reorganization, liquidation of the subordinate organizations of the scientific service and social sphere for subordinate organizations of State property, as well as the right to approve the statutes of the subordinate organizations.
 
Article 29. Scientific Organization of the Academy of Sciences 1. List of scientific organizations of the Academy of Sciences is approved by the Cabinet of Ministers of Turkmenistan.
2. the scientific organization of the Academy of Sciences as the main research and (or) scientific and technical activities, the main directions of which are determined by their statutes, as well as the training of the scientific staff.
3. Scientific Organization of the Academy of Sciences is a legal entity created and operates in accordance with this law and other normative legal acts of Turkmenistan and its Charter.
4. Scientific Organization of the Academy of Sciences on the organizational-legal form is a State scientific organization.
The work on practical implementation of research results in production can be used such organizational-legal form, as a commercial company State scientific organization. On the basis of the scientific organization of the Academy of Sciences also can be generated when her leading role of joint scientific society, or joint scientific organization.
5. the scientific organization of the Academy of Sciences by types, depending on the nature of the functions to be performed, may be created as research institutions, scientific-production centres, experimental-production lab, and also be included in science and technology centers.
6. the organizational and staffing structure of the scientific organization of the Academy of Sciences comprise academic departments, and laboratories and positions in academia.
7. the Office of the scientific organizations of the Academy of Sciences is carried out in accordance with the legislation of Turkmenistan and their statutes.
Direct management of the scientific organization of the Academy of Sciences carries out her Director, appointed to Office and released from Office in the manner prescribed by the legislation of Turkmenistan.
In the Research Institute of the Academy of Sciences created a collegial management body of Science-Scientific Council, powers and organization of work determined by the present law and Charter Research Institute.
8. the scientific organization of the Academy of Sciences possess, enjoy and dispose of State property passed them in day-to-day management or in economic management, in accordance with this law and other normative legal acts of Turkmenistan and their statutes.
9. Scientific organizations, referred to in this article, podotčëtny of the Academy of Sciences.
 
Article 30. The interaction of the Academy of Sciences with governmental authorities, local executive authorities and bodies of local self-government, legal and natural persons 1. When implementing its objectives and main tasks of the Academy of Sciences carries out interaction and information exchange with governmental authorities, local executive authorities and bodies of local self-government, as well as legal and physical persons in the manner prescribed by the legislation of Turkmenistan and the status of the Academy of Sciences.
2. Organs of State power and administration, local executive bodies and local governments are required to give their full support to the Academy of Sciences in carrying out its activities.

3. The organs of State power and administration, local executive bodies and local governments are obliged to provide free of charge of the Academy of Sciences for its queries available scientific and (or) scientific and technical information (including analytical and reference materials) necessary to carry out its statutory activities, Academy of Sciences. Provision of information shall be carried out in compliance with the requirements for the protection of the State and other secrets protected by the law.
4. Scientific organizations, higher educational institutions industry research organization, interdisciplinary scientific organizations and scientific organizations of public associations are obliged to provide in the Academy of Sciences reports on conducted fundamental and applied scientific research of scientific and (or) scientific and technical results, both at the expense of the State budget of Turkmenistan and at the expense of other financial sources.
5. Academy of Sciences annually presents the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan, reports on the status of fundamental and applied scientific research in Turkmenistan and major scientific achievements of Turkmen scholars, as well as suggestions for priority areas of fundamental and applied research in Turkmenistan.
6. Academy of Sciences represents the State authorities and the management of the results of the examination on their behalf State scientific and technical programs and projects, as well as monitoring and performance assessment of public scientific organizations regardless of their affiliation.
 
Article 31. Financing of the activities of the Academy of Sciences 1. Activities of the Academy of Sciences, including its scientific organizations and institutions carrying out their scientific services, financed by the State budget of Turkmenistan out activities and other sources not prohibited by Turkmen law.
2. the funds of the State budget of Turkmenistan are allocated to the Academy of Sciences in accordance with the programme of fundamental and applied scientific research of the Academy of Sciences.
3. Financing of competitive scientific and technical programs and projects of the Academy of Sciences is carried out at the expense of the State budget of Turkmenistan in accordance with the procedure established by the legislation of Turkmenistan.
4. Academy of Sciences manages the allocation of funds from the President's Fund to support young scientists in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
Academy of Sciences shall report annually on the results of the activities of the Fund to the Cabinet of Ministers of Turkmenistan.  
5. Scientific organizations and institutions carrying out their scientific services, Academy of Sciences of may in the order established by the legislation of Turkmenistan, lease without foreclosures temporarily not used and located on their balance sheet assets.
 
CHAPTER V.  STATE REGULATION of the ACTIVITY of the RESEARCH ORGANISATIONS Article 32. The basic principles and the public authorities in the field of management of scientific organizations 1. Management of scientific organizations is based on a combination of the principles of State regulation and self-governance.
2. State regulation of the activities of the scientific organizations expressed in the definition of science and technology policy, aimed at the full support to the activities of the scientific organizations.
3. State regulation of the activity of the research organisations carried out within, without infringing freedom of scientific creativity.
4. State regulation of the activities of the scientific organizations, the Cabinet of Ministers of Turkmenistan and the public authorities, in charge of scientific organizations, as well as organizations carrying out their scientific services.  
5. the public authorities in the field of management of research organizations include: 1) authorized State authority responsible for the regulation of activities in the field of science and technology,-Academy of Sciences of Turkmenistan;
2) industry public authorities, which are scientific organizations;
3) authorized State body in the field of attestation of scientific and scientific-pedagogical employees-the Supreme Certification Committee of Turkmenistan;
4) local executive authorities in part related research organizations.
6. Academic Council scientific organization is the authority of its activities.
 
Article 33. The powers of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) ensures compliance with the Constitution of Turkmenistan, this Act, other legislation and the international treaties to which Turkmenistan is a party, relating to the activities of the scientific organizations;
2) adopts and enforces the target programs of development and enhancement of scientific organizations;
3) carries out the regulation of authorized State bodies in the field of management of scientific organizations;
4) carries out the regulation of scientific organizations based on international standards and experience, the introduction of market principles into the economy management;
5) carries out public administration Academy of Sciences;

6) carries out social policies regarding academics research organizations;
7) controls the execution of the State budget of Turkmenistan in the part concerning the activities of public research organizations;
8) regulates the cooperation with scientific organizations of foreign States and international organizations;
9) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 34. The powers of the Academy of Sciences of the Academy of Sciences: 1) leads State scientific and technical policy in scientific organizations irrespective of their form of ownership, legal form and departmental affiliation;
2) coordinates the implementation of fundamental and applied scientific research organizations in Turkmenistan;
3) carries out scientific and methodical guidance of scientific organizations irrespective of their departmental affiliation;
4) develops normative legal acts on the Organization of scientific research organizations of Turkmenistan;
5) develops model regulations on the procedure for attestation of scientific personnel;
6) training and refresher training of scientific personnel in scientific organizations, including the teaching staff of higher educational establishments;
7) introduced in Cabinet of Ministers of Turkmenistan proposals on perfection of normative legal base and scientific organizations in Turkmenistan;
8) conducts accounting public scientific, technical projects and programmes and reports on their implementation;
9) review and approve reports of governmental and other scientific organizations completed scientific, scientific and technical projects and programmes funded from the State budget of Turkmenistan and takes decisions and makes recommendations;
10) promotes the use of research results by scientific organizations in various sectors of the economy;
11) represents the scientific organizations of Turkmenistan in international scientific unions and other international scientific organizations, concluding agreements on scientific and information cooperation with academies of science and research organizations of foreign States, assists in organizing and holding international scientific congresses, conferences, symposiums and seminars with participation of scientific organizations of Turkmenistan;
12) carries editorial-publishing activities, including publishes scientific monographs, establishes and publishes academic journals in which research results are published academics of Turkmenistan;
13) solves other questions falling within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 35. Sector of public authorities Industry authorized State body in charge of scientific organizations are: 1) participates in the development and implementation of State policy in the field of scientific activities, coordinates and carries out research in the relevant sectors of the economy;
2) forms the priority directions of fundamental and applied research in the relevant sectors of the economy;
3) organizes the implementation of scientific, scientific and technical projects and programmes by the subordinate scientific organizations;
4) review and approve reports on scientific and scientific-technical projects and programmes in the relevant sectors of the economy, subordinated to scientific organizations;
5) creates a scientific organization to carry out research aimed at solving the challenges prospective development and effective functioning of the relevant sectors of the economy in accordance with this law and other normative legal acts of Turkmenistan;
6) provides a solution to organizational, personnel, financial, logistical and social affairs activities of subordinate scientific organizations;
7) performs other duties stipulated by this law and other normative legal acts of Turkmenistan.
 
Article 36. The Supreme Certification Committee of Turkmenistan and its powers in the field of management of scientific organizations 1. The Supreme Certification Committee of Turkmenistan (hereinafter HAC) is a government agency makes in the lives of the State policy in the field of attestation of scientific employees of scientific organizations and scientific-pedagogical staff of educational institutions of Turkmenistan.
2. WAC within its competence: 1) conducts public policy on preparation of scientific and scientific-pedagogical personnel in all priority areas of science, education, engineering, technology and culture;
2) manages the system of attestation of scientific and scientific-pedagogical employees to award academic degrees and scientists provides unity of ranks and requirements to the system;
3) operates to award academic degrees and ranks of scientists;
4) defines the scientific and practical value, scientific level of the works submitted for the award of degrees, and implements public awareness of their scientific results;
5) promotes international cooperation in the field of attestation of scientific and scientific-pedagogical employees.

3. WAC is administered by the Cabinet of Ministers of Turkmenistan, carries out its activities in accordance with the legislation of Turkmenistan and the situation about him, as approved by the President of Turkmenistan.
 
Article 37. Powers of local executive bodies of local authorities: 1) attract scientific organizations to implement scientific and technical programmes aimed at addressing the socio-economic development of the region;
2) within the limits of their authority shall facilitate the activities of the scientific organizations located in their territories;
3) perform other functions provided for in this law and other normative legal acts of Turkmenistan.
 
Article 38. Powers of the Academic Council of scientific organization 1. Academic Council of scientific organization: 1) defines directions of scientific activity of scientific organization;
2) carries out scientific and technical assessment of subjects and results of research performed by the scientific organizations;
3) review and approve plans for scientific research and development organization;
4) considers and recommends to protect dissertation works in scientific organizations;
5) approve the results of attestation of scientific employees of scientific organization;
6) recommends that research and researchers of the scientific organization to receive State Awards, awarding academic degrees and assign scientists degrees (including honorary members) in the manner prescribed by the legislation of Turkmenistan;
7) recommends the publication of scientific, methodological, educational books and research monographs prepared in scientific organizations;
8) hears reports researchers, graduate students, doctoral students, competitors, professional scientific organization on the progress and results of scientific research;
9) other matters relating to the activities of a scientific organization, certain of its Charter.
2. on the basis of the powers specified in part 1 of this article, the Academic Council of scientific organization is created, usually in the following types of scientific organization: Institute for scientific research, scientific-clinical center.
Composition, the procedure for the formation, organization of the work of the Scientific Council the scientific organization is determined by its Charter.
 
CHAPTER VI. INTERNATIONAL COOPERATION Article 39 SCIENTIFIC ORGANIZATIONS. International scientific and technical cooperation 1. Turkmenistan supports international scientific and technological cooperation, creates the necessary legal and economic conditions for establishing scientific organizations free and equitable relationships with scientific organizations of foreign States, as well as with international scientific organizations.
2. International Scientific and technological cooperation is carried out by scientific organizations: 1) conduct joint scientific research, technical and technological developments on the basis of cooperation, joint scientific and technical programmes;
2) creating joint scientific organizations, as well as temporary collectives with the participation of foreign scholars;  
3) implementation of mutual exchange of scientific and technical information, the use of international funds and information databases;
4) international conferences, seminars, congresses, symposiums, as well as the publication of joint scientific publications;
5) mutual exchange of scientists.
3. scientific organizations can send researchers abroad to exchange experience, as well as to participate in international forums and other events in the order established by the legislation and international treaties to which Turkmenistan is a party.
4. the results of the joint scientific research organizations of Turkmenistan and scientific organizations of foreign States, as well as international scientific organizations are used in accordance with the law and international treaties to which Turkmenistan is a party.
 
Article 40. Foreign trade activities of scientific organizations of Scientific organizations have the right to carry out foreign economic activities, in the manner prescribed by the legislation of Turkmenistan.
 
Article 41. The work of scientific organizations and scientists, foreign States and international organizations on the territory of Turkmenistan work of scientific organizations and scientists, foreign States and international organizations on the territory of Turkmenistan is governed by the laws and international treaties to which Turkmenistan is a party.
 
CHAPTER VII. FINAL PROVISIONS Article 42. Responsibility for violation of this Act, the violation of this law entails responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 43. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
 
Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat November 9, 2013 year no. 444-IV.
 
 
 
 

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