On the status of the RESEARCHER (statements of the Mejlis of Turkmenistan, 2009 г., no. 3, art. 53) (with changes made by the Turkmenistan law dated 09.11.2013 g. No. 448-IV) the present law defines the rights, duties and responsibilities of researchers, the criteria for assessing their qualifications, as well as the responsibilities of public authorities and management of Turkmenistan to ensure guarantees of free scientific creativity and social welfare researchers, enhance the prestige of scientific activity.
 
Chapter i. General provisions article 1. Basic terms used in this Act, this Act applies the following concepts: 1) status of scientist-scientist position in Turkmenistan, which is determined by:-State evaluation of the level of competence, responsible, creative and effective discharge of responsibilities when performing tasks of scientific activity;
-social protection, a researcher from the State, characterized by providing it with the necessary legal guarantees and conditions for fruitful work, material and moral incentives aimed at the successful attainment of goals and objectives, which puts before him;
2) AAS-a person having higher education, having qualified and professionally engaged in scientific research, scientific and technical activity and (or) experimental development (hereinafter referred to as the scientific activities);         3) research activities-activities aimed at acquiring and applying new knowledge, including: basic scientific research-research aimed at getting new knowledge of the fundamental laws of the structure, functioning and development of the human society, the surrounding natural Wednesday;
applied research-research aimed mainly at applying new knowledge in order to achieve practical goals and objectives;
4) scientific and technical activities-aimed at acquiring and applying new knowledge to address the technological, engineering, economic, social, humanitarian and other problems, ensuring the functioning of the science, technology and production as a single system;
5) experimental development activities based on knowledge derived from scientific research or on the basis of practical experience, and aimed at their adaptation, verification, further improvements for practical use;
6) characterization of scientist-the degree of training, in terms of knowledge, skills and experience required to perform scientific activities.
 
Article 2. Turkmen legislation on the status of the researcher about the status of legislation of Turkmenistan scientist is based on the Constitution of Turkmenistan, and consists of this law and other normative legal acts of Turkmenistan, regulating the status of the researcher.
 
Article 3. General provisions on the scientist and his qualifications 1. The researchers equated:-scientific organizations (agencies, enterprises) engaged in scientific activity;
workers of higher educational institutions participating in scientific activities;
-persons studying in graduate school, graduate, doctorate and (or) are applicants;
workers organisations (agencies, enterprises) scientific profile, participating in scientific activities within international, national or sectoral scientific and technical programs and projects;
-physical persons carrying out independent scientific activity.
2. qualifications of a researcher is determined:-presence of higher education;
-the passage of a special scientific training (postgraduate, postdoctoral, postgraduate courses, application);
-presence of the degree;
-availability of academic ranks;
-availability of academic rank of associate member or full member (academician) of the Academy of Sciences of Turkmenistan;
-the presence of the honorary titles and awards, assigned for scientific achievements;
-volume of published works, performed research and development;
assessments of the scientific community and specialists in the relevant field of expertise.
3. Legal framework and the criteria for assessing the level of qualifications of scientific workers is determined in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
4. Scientists public research organizations (agencies, enterprises) from time to time in the manner prescribed by the State administration body science, pass certification to demonstrate proficiency and effectiveness of its activities, carried out by the review board, created in Science Organization (institution).
AAS has the right to appeal the results of attestation in accordance with the legislation of Turkmenistan.
 
Article 4. Freedom Scientific activities 1. The right to freedom of scientific activity is every citizen, regardless of the economic and social status, race, nationality, origin, sex, age, religion and belief, language, political or other beliefs, place of work and residence.

2. A scientist is free in the choice of destinations, themes and methods research is guided by its scientific interest and requirement of humanization of science, responsible for the content, reliability and implications of the results of scientific activity.
Scientific activities should not cause harm to the society and the environment Wednesday, threaten the life and health of people.
3. For reasons of national security, national defense and environmental security may be prohibited or restricted in certain types of research activities.
The list of such works and the manner in which they conduct are established by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER II. Rights, obligations and responsibility of the scientist Article 5. Law researcher scientist has the right to:-deal with any kind of scientific activities, including independent scientific activity, not forbidden by legislation of Turkmenistan;
-to participate in the competition for research funding at the expense of the State budget of Turkmenistan, foundations supporting research activities and other sources not prohibited by legislation of Turkmenistan;
-to carry out research and choose research methods within research directions scientific organization (agencies, enterprises), in which he works, and in accordance with their qualifications;
-to participate in the definition of objectives, the scope and methods of using the results of its scientific activities;
-at reasonable risk in scientific activity not causing harm to people and the environment Wednesday;
-to express freely their opinion about the ongoing scientific activity, its methods and results, while not infringing upon the honor and dignity of other persons;
-on a motivated refusal to participate in scientific research, have a negative impact on human society and the surrounding natural Wednesday;
-freely to express and publish hypotheses and results of scientific activity, if they do not contain information relating to the State, official or commercial confidentiality, to participate in the practical use of these results;
-free to carry out any scientific contacts both in Turkmenistan and abroad;
-unhindered access to scientific and technical information, except for information which is accessed in the established order;
In addition to scientific activities to engage in educational activities on profile of his scientific specialty;
-on improving academic qualifications through graduate school, advanced, doctorate, application;
-be a founder or participant of scientific societies, associations, enterprises, firms, unions, joint stock companies, other scientific and innovative organizations, collectives and communities, including creating non-profit or for-profit organizations in any form, is not in breach of the legislation of Turkmenistan;
to free entry or election in the scientific community within the country and abroad;
authorship-the results of its research activities and to preserve the copyright if the assignment (transfer) the right to use these results;
-ownership of the results of the independent conduct of scientific activities, as well as in other cases stipulated by the legislation of Turkmenistan;
-salaries and other payments in accordance with the results of his work and the terms of employment contracts;
-the remuneration in accordance with the Treaty or the regulations applicable in your organization (institution), with which the researcher has an employment relationship, and that is the owner of research results, as well as, if it is stipulated between the owner and the scientist, at a fraction of the profit (income) received by the owner of the results of these scientific activities;
-the material and moral encouragement for achievements in scientific research;
-for safe conditions of work;
-on vacation in accordance with the labor laws of Turkmenistan;
-on social welfare in accordance with the legislation of Turkmenistan;
-to damages caused to a worker in connection with the discharge of their duties, in accordance with the legislation of Turkmenistan;
-to apply directly to any organ of State power and administration on issues related to his studies or the implementation of the rights provided for in this law;
-carry out other actions not prohibited by the legislation of Turkmenistan, in order to achieve the objectives of the research.
 
Article 6. Duties of a researcher scientist is obliged to:-carry out scientific activities aimed at addressing the priorities of socio-economic development of Turkmenistan;
-examine the objectives, methods and results of ongoing scientific activities with the most possible taking into account all its humanistic and environmental impacts;
-do not distort the process and results of scientific activities, including on the basis of self-interest, under pressure from scientific avtoritetov, the generally accepted attitudes, motives self-serving nature;
-be responsible for the results and methods of scientific activity, to prevent harm to the society and the State, rights and freedoms, health, honour and dignity of the individual, the surrounding natural Wednesday;
-to comply with contractual and other obligations;

-to respect the legitimate rights and interests of other scientists, not undermine and prevent infringement of freedom of creativity of other researchers;
-discontinue research if its holding that it could cause harmful social, environmental or ethical implications and inform the public about the possibilities of this;
-to examine objectively the scientific programmes, projects, theses and other research results;
-not to disclose information related to the State, official or commercial confidentiality;
-continually improve and maintain the skill level required for the proper performance of their duties;
-to observe the rules of professional ethics and universal moral rules.
 
Article 7. Responsible scientist 1. AAS is responsible:-for the prosperity of the independent and neutral Turkmenistan, the welfare of the people of Turkmenistan, the graduation of a country at the forefront of the world economy, science and culture;
-for directions, methods and the reliability of its scientific activity, its results and the use of these results in practice, except for cases of infringement of the conditions and recommendations for their use;
-for breaching the rules of professional ethics and moral rules;
-for failure to comply with other obligations under article 6 of the present law and other legislative acts of Turkmenistan.
2. Aas, not acting on their duties, is responsible in accordance with the labor laws of Turkmenistan.
 
CHAPTER III. The conditions of work of scientist and improving academic qualifications Article 8. Conditions and pay a researcher of labour relations with the Organization (Enterprise Agency) 1. Receipt of persons for the positions of researchers is carried out in accordance with the labor laws of Turkmenistan after completing the contest for a post of the scientific employee.
The base contract is the election contest, the results of which are determined by the scientist Council of scientific organizations (agencies, enterprises) or of a higher educational institution.
2. in order to address specific scientific tasks, the Organization (the company) has the right to establish temporary research 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.
The order of creation and working conditions of temporary research teams are determined by the State administration body science.
3. Scientist should not be engaged in unskilled work.
4. working time a researcher must be regulated taking into account that it can carry out scientific contacts, work in libraries to engage in the consultative and teaching activities.
5. the dismissal of scientist (termination) on the initiative of the administration of the Organization (institutions, companies) are under the labour legislation of Turkmenistan.
The dismissal of scientist State scientific organizations (agencies, enterprises) must precede the decision of Academic Council of organizations (agencies, enterprises) with the assessment of the scientific activities and skill level scientist.
Remuneration of scientist State scientific organizations (agencies, enterprises), including the establishment of additional pay for academic degree and rank of scientists, is carried out in accordance with the labor laws of Turkmenistan, this Act and the contract between the employee and the employer.
6. Researchers at the scientific organizations (agencies, enterprises) and universities established posts, as well as employees of other organizations (agencies and enterprises) in carrying out scientific activities in accordance with the labor laws of Turkmenistan are supplements to the official salary for the academic degree of doctor and candidate of Sciences and scientists the rank of senior researcher, Associate Professor and Professor at the sizes and order determined by the Cabinet of Ministers of Turkmenistan;
-paid annual leave main including degree doctorate period of forty-five calendar days in a year, and having a Ph.d.-thirty-six calendar days in a year.
7. Valid members (academicians) and members-correspondents of the Academy of Sciences of Turkmenistan, permanently residing in Turkmenistan, including retirees, have these academic titles are set monthly salaries for academic scholars the rank of a full member (academician) and corresponding member of the Academy of Sciences of Turkmenistan in the amount and under the procedure established by the Cabinet of Ministers of Turkmenistan.
8. Pay supplements for academic degree and rank of scientists do not apply to workers who set salaries for academic scholars the rank of a full member (academician) and corresponding member of the Academy of Sciences of Turkmenistan.

9. remuneration of the scientific worker, including the establishment of additional pay for academic degree and rank of scientists in organizations of non-State form of ownership is carried out in accordance with the labor laws of Turkmenistan, this Act and the contract between the employee and the employer.
10. Labour disputes between the scientist and the administration organizations (agencies, enterprises) are dealt with in accordance with the legislation of Turkmenistan.
 
Article 9. Working conditions the scientist conducting the independent scientific activities 1. A scientist carrying out independent scientific activity is not limited in the choice of destinations, themes and research methods, the determination of the conditions of its holding, sources of financing, logistics and other support, as well as the terms and conditions of research results.
Source of funding independent scientific activity can be the means of the State budget of Turkmenistan, the bank credits, funds for signed contracts, innovative tools and other funds own funds researcher, grants and other sources not prohibited by the legislation of Turkmenistan.
2. independent scientific activity can be carried out also by the public and the international scientific and technical programmes and projects.
3. income of a researcher subject to taxation in accordance with the legislation of Turkmenistan.
 
Article 10. Training of highly qualified scientific staff 1. Training of highly qualified researchers conducted scientific organizations (agencies, enterprises) and universities, as well as other organizations of Turkmenistan, obtained the right to do so in the prescribed manner. This training is carried out through graduate school, advanced, doctorate, application.
Training of highly qualified researchers may also be carried out in foreign universities and scientific organizations in the established order.
2. training for academics in postgraduate study, doctoral studies and as the applicant may be effected at the expense of the State budget of Turkmenistan, as well as contracts signed by individuals and (or) legal entities with scientific organizations and higher educational institutions, at the expense of natural and/or legal persons.
3. persons who defended dissertation, in the prescribed manner is awarded academic degree of candidate or doctor of Sciences on Science in accordance with the nomenclature of specialities of scientists of Turkmenistan, approved by the State administration body science.
Scientists rank senior researcher, Associate Professor and Professor assigned in accordance with the list of specialties, which are assigned the rank of scientists in Turkmenistan, approved by the State administration body science.
4. persons admitted for entrance examinations in postgraduate study, in accordance with the labor laws of Turkmenistan provided fifteen calendar days ' leave without pay in excess of the duration and excluding time travel to the location of the educational institution and vice versa.
Persons studying in full-time post-graduate scholarships provided annually to enjoy vacation for a period of sixty days.
5. Conscription of citizens enrolled in postgraduate study, doctoral studies or attached to institutions of higher education and scientific institutions as candidates degrees shall be carried out in accordance with the Turkmenistan law "on military conscription and military service".
6. Students are paid stipends and are granted annual vacation for a period of sixty days. For doctoral candidates, retains all rights in the workplace, which they had prior to enrolling in a doctorate (law on obtaining residential space on the attribution of academic titles and other rights), as well as the right to return to one's place of work.
7. Postgraduate and doctoral students have free access to the equipment, laboratories, teaching rooms, libraries, as well as the right to participate in expeditions and travel, including in institutions of higher learning and leading scientific institutions of foreign States for the carrying out of works on selected topics of research, along with scientific and pedagogical workers of higher educational institutions and scientists research organizations (institutions and enterprises).
8. For each graduate student and doctoral student, trainee at the expense of the State budget of Turkmenistan provides for an annual cost of $ 2 monthly stipends for the acquisition of the scientific literature in the procedure established by the Cabinet of Ministers of Turkmenistan.
9. persons completing postgraduate or doctorate (including early), and completely fulfilled the requirements, provided vacation for a period of thirty calendar days.
During the holidays to persons studying at the expense of the State budget of Turkmenistan, is issued monthly scholarship from Scholarship Fund means place of post-graduate studies or doctoral degree and studying in and at the expense of the organizations (agencies, enterprises) from their wage bill.

10. To complete the dissertation on competition of a scientific degree of candidate or doctor of Sciences workers (institutions, organizations) at the place of work sabbaticals are provided under the labour legislation of Turkmenistan for a period of three and six months respectively.
The staff of higher educational establishments with a scientific degree of the candidate of Sciences can be transferred to the post of scientific employees for up to two years for the preparation of doctoral theses. For the staff of institutions of higher learning, translated on post scientific employees, retain the right to return to their former places of work.
11. remuneration of research managers (consultants) post-graduate students is made at the rate of 50 hours a year for one graduate student, doctoral student.
Pay supervisors (consultants) applicants shall be made at the rate of 25 hours per applicant per year.
12. Legal basis and procedure for awarding academic degrees and assign scientists ranks, deprivation (recovery) academic degrees and ranks of scientists; nostrification (equate) foreign documents to award academic degrees and assign scientists ranks or retesting of persons who received degrees or scientists rank in foreign States; as well as requirements for Dissertations on competition of a candidate's academic degrees and PhD degrees and candidates and scholars ranks are determined by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER IV. Guarantees of free scientific creativity and social protection researchers Article 11. The competence of the authorities of Turkmenistan to guarantee the freedom of scientific creativity and social protection researchers 1. Bodies of State power and administration of Turkmenistan:-ensure the observance of the rights of the scientist, the freedom of his creativity and scientific contacts;
-protect all forms of property when implementing scientific work;
-create the conditions most favourable to creativity;
-carry out State social insurance and social security researchers;
-guarantee social protection scientist working in the fields of scientific activities with harmful and hazardous working conditions;
-create funds for development of science for funding of scientific activity and assist researchers;
-provide funding of basic and applied research;
-guarantee freedom of sharing the results of research works in the established order;
-provide an opportunity to obtain scientific and technical information from public funds;
-prevent the use of scientific knowledge to enslave people, harm to their health, environmental destruction Wednesday;
-take measures for objective and impartial evaluation of the activities of the scientist and the results of his scientific work;
-create the conditions to improve the skills of researchers in the leading scientific organizations (agencies, enterprises) and higher educational institutions of Turkmenistan and foreign States through training, internships, training and protection of theses, as well as using other types and forms of training.
2. Public authorities and management of Turkmenistan provide funding for public research programmes and projects on a competitive basis.
Shall be entitled to take part in the competitions of scientific organizations (agencies, enterprises), scientific groups, individual scientists, including carrying out independent scientific activity.
Competitions are held with the general public and democratic decision-making, on the basis of scientific, humanistic and ecological value of projects.
Tender procedures, determining the winners and competitive financing programs and projects is determined by the Cabinet of Ministers of Turkmenistan.
3. the State, in accordance with housing legislation of Turkmenistan provides individuals with degrees and (or) scientists rank eligible for additional living space in excess of the norm in a separate room, as well as preferential long-term credits for construction (reconstruction) and purchase of housing.
The procedure and conditions for the provision of additional living space and allocate concessional long-term loans are determined by the Cabinet of Ministers of Turkmenistan.
 
Chapter V final provisions Article 12. If an international treaty of the international treaties of Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 13. Liability for violation of the legislation of Turkmenistan on the status of the violation of the legislation of Turkmenistan scientist about the status of the researcher leads the responsibility established by the legislation of Turkmenistan.
 
         Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 15, 2009 No. 52-IV