The present Law is a basic one in the field of science and technology and provides number of methods and means for participation of the state in regulation of the scientific, scientific and technical and innovation activity. The Law regulates the relations arising between the state bodies and entities of scientific, scientific and technical and innovation activity in the process of creation and realization of the state scientific and technical policy.

The Law determines that the science is under the guardianship of the state and enjoys its support as an exclusively important sphere for economic development, development of culture and social relations and provides economic and legal guarantees for scientific, scientific and technical and innovation activity.

Chapter 1. General Provisions

Article 1. Basic Terms

For the purposes of the present Law the following terms have the following definitions:

State scientific and technical support – an inalienable part of the socio-economic policy of the Republic of Belarus that includes the basic purposes, principles, directions and methods of influence of the state on the entities of scientific, scientific and technical and innovation activities established by the present Law, the procedure of inter-relations among them and the state, as well as among the entities of scientific, scientific and technical and innovation activity;

Innovation activity – an activity providing the creation and realization of innovations;

Innovations – newly created or improved technologies, kings of goods or services, as well as organizational and technical solutions of industrial, administrative, commercial or other nature promoting technologies, goods and services at the market;

Scientific and technical activity – activity that includes holding of applied researches and developments with the view to create new or improved existing means and methods of execution of some processes. Works on scientific and methodical, patent and licensing, software, organizational and methodical and technical maintenance (provision) of holding the scientific researches and developments as well as their distribution and application of their results refer to the scientific and technical activity;

Scientific researches – creative activity aimed to gain new knowledge and methods of their application. Scientific researches may be fundamental and applied.

Development projects – a set of works fulfilled at creation or modernization of products: development of design and technological documentation for the pre-production models (pre-production consignment), manufacture and testing of pre-production models (pre-production consignment);

Experimental and technological projects – a set of works to create new substances, materials and (or) technological processes and to make technical documentation for them;

Development – an activity aimed at creation or improvement of means and methods of carrying out the process in a certain sphere of practical activity, in particular to create new products and technologies. Development of new products and technologies includes holding of development projects (if the products are being created) and experimental and technological projects (if materials, substances and technologies are being created).

Article 2. Legal Basis of State Scientific and Technical Policy

Legislation on state scientific and technical policy consists of the present Law and other acts of legislation of the Republic of Belarus.

Article 3. Basic Purposes of the State Scientific and Technical Policy

Basic purposes of the state scientific and technical polity of the Republic of Belarus are the following:

to provide economic and social development of the republic by effective use of intellectual resources of the society;

to improve the scientific, scientific and technical and innovation potential as the most important factor of socio-economic progress;

to achieve high intellectual and cultural levels of society aimed at increasing the level of people’s living.

Article 4. Content of the State Scientific and Technical Policy

Content of the state scientific and technical policy of the Republic of Belarus is the creation of essential legal, economic, organizational and other conditions by state bodies for scientific, scientific and technical and innovation activity.

Article 5. Basic Principles of Creation and Realization of the State Scientific and Technical Policy of the Republic of Belarus

Basic principles of creation and realization of the state scientific and technical policy of the Republic of Belarus are the following:

state support of fundamental and applied researches;

selection of priority directions of scientific and technical activity and primary state support of scientific researches and developments contributing to solution of the most important problems of socio-economic development of the republic;

orientation of the scientific, scientific and technical and innovation activity to referred development of science intensive, resources-, energy- and labor saving industries and technologies;

participation of local bodies in formation and realization of the state scientific and technical policy;

participation of scientists, their public associations and unions in creation and realization of the state scientific and technical policy in the republic;

direct connection of scientific, scientific and technical and innovation activity with education and scientific personnel training;

state support of gifted children and assisting to development of their creative abilities;

providing freedom of scientific, scientific and research and innovation activity, legal protection of intellectual property;

use of preferable economic methods of state regulation of scientific, scientific and technical and innovation activity;

equality of all entities of scientific, scientific and technical and innovation activity, encouraging competitiveness among them;

increase of prestige of scientific work and technical creativity;

mutually beneficial cooperation with other states, creation of conditions for attracting foreign investments to develop science and engineering and mastering the newest technologies and new kinds of products;

support of development of innovation infrastructure.

Article 6. Entities of State Scientific and Technical Policy

Entities of the state scientific and technical policy are the following:

State bodies of the Republic of Belarus;

Legal and natural persons carrying out scientific, scientific and technical and innovation activity on the territory of the Republic of Belarus.

Rights and duties of the entities of the state scientific and technical policy in its formation and realization are regulated by legislation of the Republic of Belarus.

Article 7. Objects of the State Scientific and Technical Policy

Objects of the state scientific and technical policy are:

Scientific, scientific and technical and innovation activity;

Relations between the participants of the scientific, scientific and technical and innovation activity;

Relations between the state bodies and participants of the scientific, scientific and technical and innovation activity.

Article 8. State Bodies Carrying Out Scientific and Technical Policy

State scientific and technical policy is formed by the President of the Republic of Belarus with the participation of the Government – the Council of Ministers – of the Republic of Belarus (hereinafter – the Government) and is realized by the government and other subjects of the state scientific and technical policy in accordance with the powers laid on them by the present Law and other acts of legislation of the Republic of Belarus.

Chapter 2. State Regulation of the Scientific, Scientific and Technical and Innovation Spheres

Article 9. Organization of Prognosis of the Scientific and Technical Development

State bodies of the Republic of Belarus take the decisions on questions of the scientific and technical development of the basis of preliminary development of prognosis on the most important issues of socio-economic, scientific and technical and structural and investment policy.

For grounding the state scientific and technical policy the Government of the Republic of Belarus organizes the development of a comprehensive prognosis of scientific and technical progress of the Republic of Belarus.

Article 10. Priority Directions of the Scientific and Technical Activity

State scientific and technical policy is formed by choosing the priority directions of the scientific and technical activity, concentration of resources in order to solve the most important socio-economic problems of the Republic of Belarus.

Priority directions of scientific and technical activity are determined under the results of assessment of the situation and development of prognosis of socio-economic and scientific and technical development of the republic.

Priority directions of the scientific and technical activity in the Republic of Belarus are developed by the Government of the Republic of Belarus, are approved by the President of the Republic of Belarus and are the basis for distribution of assets of the republican and local budgets given for scientific, scientific and technical and innovation activity.

Article 11. Scientific and Technical Programs

With a view to realize the state scientific and technical policy in accordance with its priority directions the state, branch, regional and inter-state scientific and technical programs are developed.

State scientific and technical programs are developed in order to solve the most important economic, ecological, social and defense problems.

The list of scientific and technical programs, the procedure for their development, financing and fulfillment are determined by the Government of the Republic of Belarus with the agreement of the President of the Republic of Belarus.

The procedure of participation of the Republic of Belarus in international scientific and technical programs is established by the international (interstate and intergovernmental) treaties of the Republic of Belarus.

Article 12. Innovation Projects

In order to create and practical mastering of new technologies, kinds of products and services and improvement of the existing ones, the innovation projects developed on competitive basis are carried out.

Financial support of the innovation projects at the expense of the republican budget is carried out, as a rule, on the competitive and paid basis with the share participation of the interested organizations and enterprises.

Innovation projects may be carried out independently are may be an integral part of the state, branch, regional and international scientific and technical programs.

The procedure of competitive selection and realization of innovation projects, financed from the republican budget, are determined by the Government of the Republic of Belarus with the agreement with the President of the Republic of Belarus.

Article 13. State Scientific and Technical Expertise

Competitive selection of tasks of the state scientific and technical programs and innovation projects financed form the republican budget is carried out on the basis of the results of state scientific and technical expertise. In order to hold the expertise leading scientific institutions, public associations of scientists as well as independent scientists and specialists including the foreign ones are attracted on contractual basis.

The procedure of organization and holding the state scientific and technical expertise is determined by the Government of the Republic of Belarus.

Article 14. State Financing and Use of the Assets to Scientific, Scientific and Technical and Innovation Activity

With a view to realize the state scientific and technical policy the state bodies of the Republic of Belarus annually give assets to finance the scientific, scientific and technical and innovation activity from the budget and other sources controlled by them.

Financing the scientific, scientific and technical and innovation activity is a priority direction of the state budget and taxation policy.

The Parliament – the National Assembly of the Republic of Belarus while adopting the law on budget for the next year establish the minimal limit of total expenses for scientific, scientific and technical and innovation activity in percent from the expenditure part of the budget, as well as the standard of amount of financing for fundamental and applied scientific research in percent to the total amount of budget assets to scientific, scientific and technical and innovation activity.

Assets provided in the budget for financing the scientific, scientific and technical and innovation activity are used for:

Holding the fundamental and applied scientific researches;

Realization of scientific and technical programs;

Training and increasing the qualification and attestation of scientific workers;

Development of material and technical base of scientific establishments and organizations;

Expenses connected with international scientific and technical cooperation on the basis of international (interstate and intergovernmental) treaties;

Financial support of innovation projects in the part of organization and holding the scientific researches and developments;

Scientific researches and developments aimed at scientific and technical maintenance of the activity of the ministries and other republican state bodies;

State capital investments connected with scientific, scientific and technical and innovation activity;

Development of the state system of scientific and technical information including the content of the scientific and technical libraries, informational centers and funds, preparation and publication of scientific and technical and scientific and methodical literature (including periodic ones), holding scientific and scientific and practical activities (conferences, seminars, symposium, exhibitions, etc.), providing the functioning of the scientific and informational computer networks and propaganda of scientific and scientific and technical knowledge;

Social needs (up to one percent of assets given to scientific establishments, public organizations and associations of scientists for scientific, scientific and technical and innovation activity);

Holding the state scientific and technical expertise of the scientific and technical programs and innovation projects;

Other purposes provided by the law on budget of the Republic of Belarus for the next year.

The procedure of financing the scientific, scientific and technical and innovation activity at the expenses of the republican budget is established by the Government of the Republic of Belarus with the agreement with the President of the Republic of Belarus.

Article 15. Funds for Special Purposes

In order to finance the scientific, scientific and technical and innovation activity, the President of the Republic of Belarus and the Government of the Republic of Belarus can create funds for special purposes (fund of fundamental research, other scientific and innovation funds).

Sources for forming these funds are assets from the state budget, voluntary contributions of the interested ministries, other state bodies, organizations and enterprises, citizens, foreign companies and organizations as well as incomes from the activity of these funds.

In order to finance the scientific and technical programs and innovation projects, as well as for mastering new kinds of products and technologies development in the process of their fulfillment, the ministries, other state bodies, associations and other unions of enterprises regardless of the form of ownership can create special innovation funds.

Sources for formation of the special innovation funds are voluntary contributions of enterprises and organizations at the amount up to one percent of the prime cost of production (works, services) putting this contribution on the prime cost of the production (works, services).

The procedure for formation and usage of the funds for special purposes is determined by the President of the Republic of Belarus or the Government of the Republic of Belarus with the agreement of the President of the Republic of Belarus.

Article 16. Economic Mechanisms for Stimulating the Scientific, Scientific and Technical and Innovation Activity

The state stimulates the scientific, scientific and technical and innovation activity by holding the relevant tax and credit policy.

Specific measures on economic stimulation of the scientific, scientific and technical and innovation activity are established by the legislation of the Republic of Belarus.

Article 17. Fulfillment of the Scientific and Technical Programs for the State Needs

Fulfillment of the scientific and technical programs for state needs is carried out in accordance with the state contract on delivery of scientific and technical production at the competitive basis. The procedure for formation of the state needs to scientific and technical production is determined by the Government of the Republic of Belarus.

Article 18. System of Scientific and Technical Information

One of the directions of the state scientific and technical policy is the support and development of the system of scientific and technical information. For these purposes the state bodies of the Republic of Belarus:

Provide the development of the central and territorial networks for collection and processing of all kinds of scientific and technical information;

Take measures to increase the quality of scientific and technical information and information services;

Stimulate the creation of modern computer technologies, information systems and networks and provide the development of communication systems;

Carry out the finance, as well as currency support for creation, acquiring and distribution of the scientific and technical information;

Create the conditions for openness, accessibility and safety of scientific and technical information.

Limitations to use the information being the state, official and commercial secrete are established by legislation of the Republic of Belarus.

Article 19. Regulating the Intellectual Property Relations

Relations connected with the exclusive right (intellectual property) of a citizens or legal person to protected results of intellectual activity and means of individualization of legal persons and products (works, services) equated to them are regulated by international treaties of the Republic of Belarus and the legislation of the republic.

Article 20. Technical Normalization, Standardization, Confirmation of Matching of Production to the Requirements of Technical Normative Legal Acts in the Field of Technical Normalization and Standardization and Metrological Support in Scientific, Technical and Innovative Spheres

Technical normalization, standardization, confirmation of matching of production to the requirements of the technical normative legal acts in the field of technical normalization and standardization and metrological support in scientific, technical and innovative spheres are made in accordance with the legislation of the Republic of Belarus.

Article 21. State Policy in the Sphere of Training of Scientific Personnel and Increasing the Prestige of Scientific Work and Technical Creativity

State policy of the Republic of Belarus in the sphere of training of scientific personnel, increasing the prestige of scientific work and technical creative are an integral part of the state scientific and technical policy and is aimed at increase of scientific and technical and intellectual potential of society, development of creativity and distribution of scientific and technical knowledge. For these purposes the state bodies of the Republic of Belarus:

Promote the scientific and technical and innovation activity, social, economic and legal protection of scientific and scientific and pedagogical and engineering and technical workers;

Form the state policy in the sphere of payment for work of scientific, scientific and pedagogical and engineering and technical workers with the view to increase the prestige and attracting the most capable and talented citizens into this sphere;

Provide training of scientific personnel in higher educational establishments, academic scientific establishments and other state scientific organizations and give them in established order the material resources and budget assets they need;

Create equal legal conditions for functioning of the entities of scientific, scientific and technical and innovation activity of different forms of ownership that carry out training and increase the qualification of the personnel;

Form the system of search and selection of talented youth, create the network of special schools and study and industrial organizations on the base of institutions of higher education, academic and branch scientific organizations and enterprises, promote internships of young scientists in leading educational and scientific establishments, cooperation of scientists, teachers and specialists in the sphere of teaching and scientific and research work and other forms of integration of science, education and industry;

Promote the improvement of the system of attestation of scientists and scientific and pedagogical personnel, mutual recognition of higher education diplomas and scientific degrees at interstate level.

Article 22. National Academy of Sciences of Belarus and Branch Academy of Sciences

The National Academy of Sciences of Belarus is a supreme state scientific organization the activity of which is regulated by legislation of the Republic of Belarus.

Branch academy of sciences are the centers for development of the relevant branches of science and carry out their activity in accordance with the legislation of the Republic of Belarus and their charters.

Article 23. State Regulation of International Scientific and Technical Cooperation

State bodies of the Republic of Belarus support and promote the development of international scientific and technical cooperation of establishments, organizations, enterprises, public scientific and scientific and technical associations, independent scientists and specialists of the Republic of Belarus as well as they create necessary legal and economic conditions for establishing equal relations with foreign and international entities of scientific, scientific and technical and innovation activity.

International scientific and technical cooperation of the Republic of Belarus is carried out by:

Fulfillment of joint scientific researches and developments, scientific and technical programs and innovation projects on the basis of international contracts or agreements;

Mutual exchange of scientific and technical information, creation and use of united international information funds and databanks;

Holding of international congresses, conferences, symposium and other scientific meetings;

Mutual exchange of scientific, scientific and pedagogical and scientific and technical personnel, students and postgraduates, as well as joint training of specialists;

Carrying out other forms of international cooperation not contradicting to the legislation of the Republic of Belarus.

Entities of scientific, scientific and technical and innovation activity of the Republic of Belarus may take part in international programs and projects, conclude contracts and agreements with foreign and international organizations and companies, enter foreign and international associations, unions and societies in accordance with legislation of the Republic of Belarus.