Law on Science of the Republic of Azerbaijan

                                                                                                                                                                                                                                                                    

                                                                                                                                                                                                               UNOFFICIAL TRANSLATION                                                                                                  

                                                                                                                                                                                                                Law valid in Azerbaijani

 

The Law of the Republic of Azerbaijan

on Science

 

This Law defines the key principles of state policy in the area of organization, management and development of scientific activity in the Republic of Azerbaijan, purposes of science and scientific innovation activity, the rights and duties of subjects engaged in scientific activity, funding mechanisms of science, motivating scientific achievements, and organizational and legal basis for the application of these achievements in compliance with the Clause 1 and 10 of Part I of Article 94 of the Constitution of the Republic of Azerbaijan.

 

This Law defines the leading role and duties of science in ensuring political, economic, social and cultural development of the country, improving the wellbeing and scientific knowledge of the citizens of the Republic of Azerbaijan, and meeting their natural and moral needs for obtaining new knowledge and understanding the world.

 

 

Chapter 1

GENERAL PROVISIONS

 

Article 1. Key definitions

1.0. Definitions in this Law:

1.0.1. scientist –a researcher with a scientific degree and scientific works ;

1.0.2. assistant – a scientific assistant or scientific position;

1.0.3. experimental researches – research which is based on knowledge obtained through scientific research or experiments and carried out for the purpose of protecting human life and health, establishing a new manufacturing process, producing new materials, products, installations, service and management systems and improving them;

1.0.4. science – an area of human activity which consists of obtaining, collecting, systemizing, processing, disseminating, and applying objective knowledge and information about the essence of events and reality;

1.0.5. scientific evaluation – determination, and expert evaluation of the relevance/compliance of scientific work, scientific-technical activity with the scientific, technical and public-political requirements;

1.0.6. subjects of scientific evaluation – customers, executors of evaluation (state executive bodies, public and international organizations), legal and physical persons (experts) and other participants;

1.0.7. objects of scientific evaluation – pieces of information compliant with the outcome of examination of scientific and scientific-technical activity, documents, physical things and other material data carriers which reflect this information;

1.0.8. scientific ethics – a set of behavirioul norms, principles and moral guidelines accepted by scientific society for scientific, scientific-technical and scientific pedagogical staff, as well as of other persons engaged in independent scientific researches;

1.0.9. scientific activity – a process of scientific research and creativity aimed at obtaining, applying and promoting scientific knowledge;

1.0.10. areas of scientific activity – conducting fundamental, applied and experimental researches; evaluation, application, approbation of the outcome of scientific researches; and training highly-qualified scientific specialists;

1.0.11. subjects of scientific activity – legal and physical persons engaged in scientific activity, their public unions as well as participants of scientific activity;

1.0.12. types of science and scientific activity – fundamental, applied and experimental (content-wise); natural, technical, humanitarian and public (focus-wise); academic, empheric, innovative, theoretical and applied (area-wise);

1.0.13. scientific innovation – a novel nature of the content of scientific activity and its aids (research methods, techniques and so on), its scientific outcome and products, their application technologies and usage;

1.0.14. scientific innovation activity – an activity aimed at establishing and applying novelties and objects of intellectual property of progressive nature (scientific achievements, inventions, discoveries, systems, original technologies, brands, trade and trademarks and others) that are based on scientific researches, and ensure the improvement of management system and increase competitiveness;

1.0.15. science and innovation funds – a legal entity of non-commercial status which purposefully funds scientific researches in the form of grants;

1.0.16. subjects of scientific innovation – legal and physical persons with a key function of creating and implementing novelties of progressive nature;

1.0.17. scientific work – systematic research carried out with the purpose of producing scientific outcome;

1.0.18. scientific worker – a researcher or an elected position professionally engaged in scientific and scientific-technical activity;

1.0.19. scientific product (scientific outcome) – an outcome which is for the application of scientific and scientific-technical activity, is reflected in specific data carriers, and has material and public value (new knowledge, technical solutions, developments and others);

1.0.20. market of scientific products and services – a system of relations which comes into being in the process of exchange of outcomes of scientific activity and products and a special market for their realization;

1.0.21. scientific school – a subject of scientific activity with self-development capacity which has unique scientific views that have formed in the course of a long term, is engaged in creating, dissiminating, transferring and applying new knowledge in certain areas of science, and is renowned with its founders and followers;

1.0.22. scientific institute and organization – a legal entity which is engaged in scientific and scientific-technical activity, and ensures a unity between science and education;

1.0.23. scientific plagiarism – to completely or partially appropriate or pass off as one’s own the works, scientific invention and discovery, rationalization proposal, innovative product of somebody else without citing the author or the source;

1.0.24. scientific research institute – a scientific institution with a key function of carrying out fundamental and applied scientific researches and experimental studies;

1.0.25. science-education and innovation complex (cluster) – an innovation structure which brings together fundamental and applied researches, experimental-constructor developments, educational and entrepreneurial activity for the purpose of manufacturing and selling science-intensive products;

1.0.26. scientific creativity – direct scientific research, scientific-technical, scientific-experimental, and scientific innovation process;

1.0.27. fundamental scientific researches – theoretical and experimental scientific researches aimed at obtaining new knowledge on the structure and development of nature and society;

1.0.28. impact factor – an indicator of impact determining the rating of scientific publication;

1.0.29. citation index– an indicator determined by the number of citations made to the  scientific works of researcher;

1.0.30. national innovation system – a set of organizations engaged in generating scientific knowledge and technologies and their realization on commercial and non-commercial basis inside the country;

1.0.31. nostrification and reattestation - a procedure for identification and recognition of the equivalent of documents on academic degrees or scientific titles obtained in foreign countries;

1.0.32. official opponent – a person with a relevant scientific degree appointed by dissertation council for the purpose of assessing the relevance of dissertation, the extent of its authenticity/originality of its scientific novelty and importance;

1.0.33. technological incubator – a legal entity who ensures scientific, manufacturing, specialist, legal, marketing, leasing, counselling and other services for subjects engaged in innovation activity;

1.0.34. technopark – a structure (a territory) or legal entity with advanced technologies that is comprehensively engaged in creating and mastering new technologies, manufacturing modern appliances and installations, and their commercial realization;

1.0.35. technopolis – scientific and industrial complex or industrial town with multi-profile, advanced industrial areas and infrastructure, scientific research and educational complexes, think tanks, plants, firms and companies as well as a large territory enjoying special concessions, established for the purpose of developing and applying modern science-intensive technologies and high-quality technical products for/in the manufacturing;

1.0.36. researcher – a person with higher education who carries out scientific, theoretical and scientific-technical researches, produces knowledge and engages in scientific research projects;

1.0.37. research university – a higher education institution or scientific-educational center that performs scientific and educational activity equally effectively on the basis of real integration of scientific activity and teaching process, carries out advanced scientific researches, ensures quality learning environment, and has high-quality scientific and scientific-pedagigical personnel;

1.0.38. applied scientific researches – scientific researches that aim at obtaining and applying new knowledge for implemanting mainly practical purposes and solving specific issues;

1.0.39. highly-qualified scientific specialist – a person with doctor of philosophy or doctor of science degree;

1.0.40. higher attestation authority – a body identified by relevant executive authority for the purpose of attesting highly-qualified scientific and scientific-pedagogical specialists.

 

Article 2. The legislation of the Republic of Azerbaijan on Science

2.1.. The Legislation of the Republic of Azerbaijan on Science includes the Constitution of the Republic of Azerbaijan, this Law, the “Law on Education” of the Republic of Azerbaijan, other legislative acts regulating relations on scientific activity in the Republic of Azerbaijan and international agreements the Republic of Azerbaijan is a party to.

2.2. The key objective of the Legislation of the Republic of Azerbaijan on Science is to ensure and to protect the constitutional rights of subjects engaged in scientific activity, and lay organizational and legal basis for regulating the relations in the field of science.

 

Article 3. The principles, purposes and prioroties of state policy in the area of scientific activity

3.1. The key principles of state policy in the area of scientific activity are as follows:

3.1.1. independence (autonomy) of scientific creativity and research;

3.1.2. ensuring priority of researches in the area of Azerbaijani studies;

3.1.3. uphelding scientific ethics;

3.1.4. integration of science into public life;

3.1.5. priority of science and scientific innovation activity;

3.1.6. ensuring healthy competition;

3.1.7. being in line with international benchmark;

3.1.8. transparency and accessability of scientific outcomes to public;

3.1.9. unity among science, education and economy;

3.1.10. protection of intellectual property rights;

3.1.11. integration into international scientific area.

3.2. Key objectives of state policy in the area of science are as follows:

3.2.1. ensuring continuous and systematic development of science;

3.2.2. bringing institutional system and funding mechanisms of scientific activity in line with international standards;

3.2.3. ensuring proper use of scientific capacity in the development of all areas of public life;

3.2.4. modernizing material and technical resources and infrastructure of science;

3.2.5. ensuring integrative connection and dialectic unity in the mutual relations among science, education, economy and society;

3.2.6. motivating establishment, protection and development of scientific schools across the country;

3.2.7. identifying key areas for scientific researches, including fundamental and applied researches, and motivating their development;

3.2.8. developing international cooperation in the field of science, and properly representing and promoting scientific-technical policy of the Republic of Azerbaijan in the international scientific area;

3.2.9. improving material wellbeing and social protection of scientific employees engaged in the field of science and scientific activity.

3.3. Key priorities of state policy in the area of science are as follows:

3.3.1. comrepensively researching ethnogenesis, history, language, literature, art and culture, national and moral values, material and cultural heritage, as well as the process of evolution of economic, philosophical, legal and public-political thinking of of the Azerbaijani nation, and its stages of development;

3.3.2. researching scientific-theoretical basics of ideology of Azerbaijanism;

3.3.3. boosting the role of science in the public-political, social-economic and cultural development of the country; improving the system of state administration; ensuring defense capability and national security of the state; decmocratic-legal state building; protection of national interests; and speeding up scientific and technical progress;

3.3.4. studying the scientific basics of multiculturalism, researching and generalizing its role and importance for public life;

3.3.5. researching the essence and importance of religious-moral values, experience in interreligious dialogue and tolerance, and delivering it to public in a schientific manner;

3.3.6. geologically, ecologically and economically assessing natural reserves of Azerbaijan;

3.3.7. holding expeditions and field trips in different areas of science, analysing and assessing their outcomes;

3.3.8. assessing hydrocarbon reserves of the country, studying the issues of development, modernization and diversification of oil, oil-chemical industry and non-oil sector;

3.3.9. researching the processes of national demographics and the issues of settlement and social development;

3.3.10. systematically researching economic, social, philosophical and legal basics of continuous and sustainable development issues, and development model of the Republic of Azerbaijan;

3.3.11. researching the issues of shaping knowledge-based intellectual society and economy;

3.3.12. undertaking researches on science-intensive areas of manufacturing and alternative energy sources, nano, bio and gene technologies, information and communication technologies and other areas of high technologies;

3.3.13. enhancing fundamental and applied researches on studying the outer space and other related scientific areas;

3.3.14. improving the efficiency of training scientific specialists, and scientific and innovation capacity of the country.

3.4. Enhancement of scientific development priorities is carried out in the following areas:

3.4.1. assessing theoretical-methodical researches on the basis of practical experience;

3.4.2. achieving that scientific development serves to attain strategic objectives of social-political, economic and cultural progress of the country;

3.4.3. shaping an integrative nature of scientific researches across the scientific areas;

3.4.4. ensuring new scientific outcomes on the basis of mutual relations of different scientific areas with the prevalent position of researches of scientific innovation type.

 

Article 4. Key areas of state policy in the field of scientific innovation

4.1. The state creates equal opportunities for all institutions and organizations engaged in scientific innovation activity and motivates their activity.

4.2. The state policy in the area of scientific innovation is implemented in following areas:

4.2.1. shaping state innovation system, and identifying its strategic development areas;

4.2.2. funding innovation projects, creating opportunities for attracting and promoting investments, and taking relevant organizational measures;

4.2.3. establishing and developing subjects of scientific innovation– integrative science, education and entrepreneurship centers (zones), technopolises, scientific technology parks, technological incubators, innovation funds, innovation data banks;

4.2.4. engaging in establishing competitive, high-technologies-based areas of manufacturing, ensuring guaranteed sales markets, and motivating and  patronizing access to foreign markets;

4.2.5. studying knowledge-based and innovative development experience of advanced nations and their issues, and using this information in the preparation and implementation of development strategy of the country.

 

Article 5. Targeted programmes for developing science

5.1. Targeted programmes for developing science are drafted and implemented with o view to following state policy on priority areas of science in the Republic of Azerbaijan.

5.2. Targeted programmes for developing science envisage generating new knowledge, technologies and specific scientific-practical outcomes in the specific priority areas of science, and applying them in public life.

5.3. Targeted programmes for developing science, and different fundamental and applied scientific research projects (except military-related projects), funded at the expense of the state budget, are determined through competition.

 

Article 6. Responsibilities of state in the field of scientific activity

6.0. The responsibilities of state in the field of scientific activity are as follows:

6.0.1. shaping and carrying out a common state policy on the development of science;

6.0.2. drawing up a development strategy and concept of science;

6.0.3. identifying priority development areas and directions of science; drafting and implementing state programmes and projects in those areas;

6.0.4. drafting and scientifically substantiating comprehensive economic, social and cultural development programmes for regions; creating proper infrastructure and other necessary conditions for the development of scientific activity in the regions;

6.0.5. patronizing areas of scientific areas related to improving national security and defense capability of the country;

6.0.6. establishing a free, fair, equal, healthy and quality environment for scientific activity; creating opportunities for citizens with scientific capacity to engage in science and to improve their scientific knowledge and creativity;

6.0.7. ensuring the priority and importance of researches conducted in the area of Azerbaijani studies;

6.0.8. protecting, strengthening and developing uniqueness, national and moral values of Azerbaijani nation; ensuring special attention for studying the history, culture, material and cultural heritage, the monuments of Azerbaijan, and the ethnogenesis of Azerbaijani nation;

6.0.9. channelling scientific activity towards the development of society and economy; ensuring its openness, its integration into the world scientific area; and identifying a priority role of science in creating and strengthening knowledge society and knowledge-based economy; and ensuring a continuous, sustainable, dynamic and competitive development;

6.0.10. creating conditions for effective organization, management and development of scientific activity, as well as for provision of material and technical resources, infrastructure, installations, highly-qualified specialists, information and other necessary aids;

6.0.11. ensuring the priority of developing and improving scientific capacity of scientific-manufacturing, experimental-constructor, design-constuctor, experimental-trial and design-technological institutions of defense nature;

6.0.12. ensuring an extension from the military service to students doing fulltime master’s (residency) and doctoral studies in higher education institutions, scientific institutes and organizaitons of the Republic of Azerbaijan and foreign countries in compliance with the principles of lifelong learning, and the Law of the Republic of Azerbaijan on “Military duty and military service”;

6.0.13. motivating the training of highly-qualified scientific specialists, and scientific achievement; improving the social protection of scientific employees including young scientists in accordance with the financial-economic capacity of the country;

6.0.14. supporting and rewarding scientific researches which are of high scientific and practical importance, create opportunities to develop national and moral values, contribute to the economic development of the country and lead to an important progress through the application of modern technologies;

6.0.15. creating a favourable investment environment for attracting investments, including foreign investments for the scientific activity, and granting investors concessions in the manner determined in the laws of the Republic of Azerbaijan on “Investment activity”, and “Protection of foreign investments”;

6.0.16. organizing field trips and expeditions in different scientific fields and supervising their work;

6.0.17. identifying the volume of financial means and the amount of grants allotted from the state budget for the development of science; and ensuring state supervision over effective use of these funds;

6.0.18. targeted funding of researches and other scientific measures of fundamental, applied and innovation nature in the form of grant;

6.0.19. establishing state scientific institutes and organizations and education institutions of various status;

6.0.20. ensuring protection of intellectual property rights;

6.0.21. determining liability for cases of appropriation of scientific outcomes and products;

6.0.22. achieving protection of intellectual property rights;

6.0.23. ensuring social protection of scientific employees, including taking special care of prominent scientific figures with achievements, and providing opportunities for their scientific activity;

6.0.24. ensuring accreditation of scientific institutes and organizations, and attestation of scientific employees, specialists and scientific support staff/administrative staff;

6.0.25. identification and recognition of the equivalent of documents on academic degrees and scientific titles obtained in foreign countries, in compailance with the international treaties the Republic of Azerbaijan is a party to, and this Law;

6.0.26. ensuring data provision, access to information resources, and creation of statistical data system for scientific activity;

6.0.27. linking/coordinating state authorities, scientific institutes, organizations and higher education institutions and their activities;

6.0.28. determining the guidelines for awarding scientific degrees and scientific titles, including common state documents which confirm them;

6.0.29. protecting subjects of scientific activity from unfair competition;

6.0.30. creating conditions for applying scientific outcomes and modern technologies;

6.0.31. identifying the need for scientific specialists; training scientific and scientific-pedagogical specialists at the request of the state (on the basis of state submission); ensuring internship and in-service training;

6.0.32. preventing development and application of scientific technologies which contradict humanism, human live and stability of society, and lead to insecurity and ecological imbalance of the country;

6.0.33. developing international cooperation in the field of scientific activity and fulfilling obligations laid down in the treaties on science the Republic of Azerbaijan is a party to;

6.0.34. giving preference to using scientific capacity of the country when implementing international contracts;

6.0.35. shaping national and modern development model for scientific activity in accordance with the pervious experience, existing scientific traditions, and sustainable development processes in the field of science;

6.0.36. determining forecasting, supervision, coordination guidelines, evaluation and provision norms in the field of science.

                                                                                   

Chapter 2

SUBJECTS OF SCIENTIFIC ACTIVITY

Article 7. Subjects and participants of scientific activity

7.1. Following legal and physical persons are the subjects of scientific activity:

7.1.1. scientists, researchers, scientific employees, scientific-pedagogical specialists and scientific support staff/administrative staff;

7.1.2. state authorities engaged in organization, management and evaluation of scientific activity;

7.1.3. scientific intitutes and organizaitons, higher education institutions, public unions and other legal persons which have scientific activity envisaged in their founding documents;

7.2. Participants of scientific activity are scientific employees, investors, customers, sponsors, owners of intellectual property rights, experts as well as physical and legals persons entitled to provide areas of scientific activity with certificate, lisence-patent, standardization, metrology, programme, methodical, organizational and technical support.

7.3. Relations between subjects and participants of scientific activity and other legal and physical persons are regulated by the Civil Code of the Republic of Azerbaijan, this Law, and agreements signed between the parties.

 

Article 8. Positions, levels of qualification and recruitment of scientific employees

8.1. A scientific employee shall have master’s degree or equivalent higher education.

8.2. There are following scientific employee positions in scientific institutes and organizations:

8.2.1. junior scientific employee, scientific employee, senior scientific employee, leading scientific employee, chief scientific employee;

8.2.2. constructor, leading constructor, chief constructor;

8.2.3. engineer, leading engineer, chief engineer;

8.2.4. technologist, leading technologist, chief technologist;

8.2.5. assistant.

8.3. Persons who have a scientific degree, but and do not work in the field of their scientific qualification, but continue their scientific activity, are considered equal to scientific employees.

8.4. The key indicators determining the level of qualification of a scientific employee are the following:

8.4.1. master’s (residency) and equivalent higher education;

8.4.2. special scientific training (doctoral studies, adjunct studies, parttime doctoral studies);

8.4.3. scientific degree (doctor of philosophy and doctor of science in different scientific areas);

8.4.4. scientific title (associate professor, professor);

8.4.5. scientific rank (full, correspondent, foreign and honorary member of scientific organization determined by relevant executive power);

8.4.6. honorary titles awarded by state and international scientific organization for scientific achievements;

8.4.7. certificates on registration of conducted scientific research and experimental-exploitation works, as well as intellectual properties protected under copyright or patent rights;

8.4.8. printed scientific works, scientific articles published in scientific journals with high impact factor and citation index;

8.4.9. feedback from prominent specialists of their field of activity.

8.5. Scientific employees are elected in the scientific council of scientific institute and organization or higher education institution. Guidelines for electing the scientific employees through competition are laid down in the regulations (statutes) of scientific institute and organization.

8.6. Recruitment of scientific employees is carried out through competition as determined in the Labour Code of the Republic of Azerbaijan.

8.7. Labour agreement is signed between scientific employee appointed to a scientific position, which is held through competition and has a term, and employer in accordance with the Labour Code of the Republic of Azerbaijan.

8.8. Young specialists, successfully completing doctoral and master studies (residency), are appointed to a relevant scientific position out-of-competition (on a condition to take part in the competition later on).

 

Article 9. Specialist and scientific support staff/administrative staff of scientific institute and organization

9.1. Specilist of scientific institute and organization is a person who has higher or secondary vocational-professional education (subbachelor degree), is employed in scientific institute or organization, and contributes to achieving and implementing scientific outcomes.

9.2. Scientific support staff/administrative staff is a person who is engaged in creating conditions for the scientific activity of scientific institute and organization.

9.3. Recruitment, rights and responsibilities of specialist and scientific support staff/administrative staff of scientific institute and organization are regulated by the Labour Code of the Republic of Azerbaijan, this Law and the regulations of scientific institute and organization.

 

Article 10. Scientific institutes and organizations

10.1. Scientific institutes and organizations in the Republic of Azerbaijan are divided into state, municipality and special types for their forms of ownership, and into public, commercial and non-commercial types for their organizational-legal form.

10.2. State supports all scientific institutes and organizations regardless of their ownership type and organizational-legal form.

10.3. Rights and responsibilities, activity, reorganization and termination of scientific institutes and organizations are regulated by the Civil Code of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan on “Public legal persons”, this Law and the regulations of scientific institutes and organizations.

10.4. Scientific institutes and organizations are the following:

10.4.1. supreme scientific organization of state;

10.4.2. scientific research institute (bodies, research institutes, devisions, laboratories and others engaged in scientific activity);

10.4.3. scientific bodies of higher education institutions;

10.4.4. scientific centers;

10.4.5. experimental-consturctor, design-constructor, experimental-manufacturing, design-technological institutes;

10.4.6. public bodies of scientific employees.

10.5. Regulations of scientific institutes and organizations envisage the following:

10.5.1. name, legal address, organizational-legal form and structure of institute or organization;

10.5.2. key areas of scientific activity and other activities;

10.5.3. management system of institute or organization, and guidelines of supervision over its activity;

10.5.4. rights and responsibilities of institute or organization as well as its employees;

10.5.5. guidelines for electing or appointing the head of institute or organization;

10.5.6. scientific or scientific-technical council, and guidelines for its arrangement;

10.5.7. funding sources;

10.5.8. guidelines for salary payment;

10.5.9. guidelines for reorganization and termination;

10.5.10. guidelines for establishing structural divisions and temporary scientific groups, their activity, reorganization and termination;

10.5.11. provisions related to the nature of activities of institutes or organizations.

10.6. Scientific institutes and organizations are entitled to cooperate with foreign legal and physical persons as well as to engage in activities, not contradicting the laws of the Republic of Azerbaijan and their own regulations, with a view to develop their scientific research and experimental-manufacturing base, and set up a world-class infrastructure.

10.7. State is entitled to use the property of scientific institute and organization including its territories.

 

Article 11. Supreme scientific organization of state

11.1. Supreme scientific organization of state is an organization determined by relevant executive power and which organizes and ensures development of science in the Republic of Azerbaijan, pursues the scientific and scientific-technical policy of the state, coordinates and channels scientific research activity of scientific institutes and organizations and higher education institutions across the country, represents the Republic of Azerbaijan in foreign countries in the field of scientific-technical activity.

11.2. Supreme scientific organization of state brings together its elected members (full, correspondent, honorary, foreign members and professor emeritus), scientific employees, specialists, scientific support staff/administrative staff, and social service staff working in its scientific institutes and organizations.

11.3. There are scientific institutes and organizations under the supreme scientific organization of the state which carry out researches of fundamental, applied, and scientific innovation nature.

11.4. Supreme scientific organization of the state establishes scientific research and manufacturing facilities, scientific centers, education institutions, scientific technological parks, temporary scientific unions and groups, international laboratories, and ensures their effective running/activity with a view to ensuring comprehensive scientific and scientific-technical development.

11.5. Supreme scientific organization of state trains highly-qualified specialists at doctor of science, doctor of philosophy and master’s level in order to improve scientific capacity of the country.

11.6. Supreme scientific organization of the state holds field trips and scientific expeditions in different fields of science inside and outside the country, undertakes supervision of expeditions and field trips, drafts reports on the outcomes of field trips and expeditions.

11.7. The management, rights and responsibilities of supreme scientific organization of state are regulated by its regulations. The regulations of the supreme scientific organization of state is adopted by its general assembly and is approved by the relevant executive power.

11.8. Supreme governing body of supreme scientific organization of state is its general assembly which consists of its full, correspondent and foreign members. The issues, related to the activity of supreme scientific organization of state and arising during the interval between the sessions of the general assembly, are handled by the presidium of supreme scientific organization of the state.

11.9. Supreme scientific organization of the state is entitled to represent the Republic of Azerbaijan in international relations in the field of science, to take part in scientific exchange programmes with foreign countries, international grant projects and competitions, to sign cooperation agreements on mutual scientific relations, to make proposals on being elected to the academies or equivalent bodies of other countries in accordance with the Law of the Republic of Azerbaijan on the “Rules of signing, implementing and terminating international agreements of the Republic of Azerbaijan”.

11.10. Supreme scientific organization of the state is funded from the state budget, out-of-budget funds, credits and grants, and contributions, as well as with the income that may be generated from innovation, entrepreneurship and other activities as enshrined in this Law.

11.11. Supreme scientific organization of the state is entitled to engage in entrepreneurship relevant to its scientific innovation activity and areas of activity.

11.12. Material values (installations, buildings, appliances and others) produced as a result of scientific researches, carried out in the supreme scientific organization of state at the expense of state budget and attracted investments, belong to the state, with the protection of the copyright.

 

Article 12. Higher education institution

12.1. Higher education institution, a subject of activity ensuring the unity between teaching process and scientific activity, carries out fundamental, theoretical-methodical, pedagogical-methodical, and applied researches in different scientific areas and directions in faculties, departments, scientific libraries, laboratories, centers, scientific research institutes and other scientific structures.

12.2. Scientific research activity of higher education institution is an integral part of its teaching process and is carried out at the expense of its founder, its own funds, grants, different funds, and other legal sources.

12.3. Higher education institutions, and their scientific and scientific-pedagogical employees are equally entitled to avail of services of scientific laboratories functioning in the Republic of Azerbaijan, as well as to take part in scientific and scientific-technical competitions, projects and programmes funded from the state budget.

12.4. Higher education institution is entitled to engage scientific employees and specialists of scientific institutes and organizations in its learning and teaching processes, including experienced foreign specialists, and to independently apply modern scientific and scientific-technical achievements in teaching process.

12.5. Higher education institutions train specialists at doctor of science, doctor of philosophy and master’s level. Higher attestation authority awards scientific degrees following the defense of independent research (dissertation) at doctor of philosophy and doctor of science levels. 

12.6. Higher education institutions, which meet the requirements set by relevant executive power, are granted the status of “Research university” (by relevant executive power).

12.7. Key responsibilities of research university are as follows:

12.7.1. ensuring integration of science and education through actively engaging education providers and learners in scientific research process;

12.7.2. shaping master (residency) level studies and a developed set of programmes for training highly-qualified specialists;

12.7.3. conducting fundamental and applied scientific researches, providing high technologies-based science-intensive areas with competitive specialists and scientific data.

12.8. Scientific employees of research university are engaged in drawing up state programmes, scientific investigation and evaluation of projects in accordance with the Constitutional Law of the Republic of Azerbaijan on the “Regulatory acts”.

12.9. Basic expenses of scientific research structures under higher education institution, which obtained a status of research university, are funded in the manner enshrined in the Article 12.2 of this Law.

12.10. Scientific and scientific-pedagogical employees of higher education institutions are engaged in scientific activity.

12.11. Outcomes of scientific research conducted in higher education institutions are used in manufacturing and teaching process. Scientific studies related to the development of science serve to study educational and pedagogical thinking history, to teach with the use of modern methods, and to apply new technologies.  

12.12. Outcomes of scientific research conducted in higher education institutions are taken into account when electing and appointing teaching staff to positions.

12.13. The status of scientific employees of higher education institution is equal to the status of scientific employees working in scientific institute and organizations determined by relevant executive power.

 

Article 13. Scientific research institute

13.1. Scientific research institute, which conducts direct fundamental and applied researches in different scientific areas, functions independently or under scientific organization, higher education institution and other bodies determined by relevant executive power.

13.2. Rights and responsibilities of scientific research institute are regulated by its regulations approved by relevant executive power.

13.3. Scientific council is the supreme governing body of scientific research institute. The scientific council perfoms the following functions:

13.3.1. determines the structure of scientific research institute, raises a petition before competent authorities;

13.3.2. determines strategic development aims and targets of scientific research institute;

13.3.3. holds discussions related to different issues of scientific development, develops recommendations;

13.3.4. discusses and assesses the annual report on the activity of scientific research institute and outcomes of scientific researches conducted in different areas;

13.3.5. takes decisions to motivate scientific employees;

13.3.6. holds interviews on attestation and recruitment of scientific employees;

13.3.7. approves its work plan and bylaws;

13.3.8. trains highly-qualified scientific specialists and takes decisions in the field of further education;

13.3.9. raises a petition with higher attestation authority on awarding scientific titles;

13.3.10. performs other duties envisaged in the regulations of scientific research institute.

13.4. Scientific councils of state scientific research institutes and higher education institutions are formed for a three-year term, and consist of experienced and highly-qualified scientific and administrative staff as well as representatives of other bodies interested in fulfilment of objectives and duties in accordance with the regulations of scientific research institute.

13.5. Scientific research institute is entitled to engage in types of entrepreneurship activities determined by the relevant executive power.

 

Article 14. Scientific centers

14.1. Scientific centers are scientific research institutes that ensure coordination of scientific and scientific innovation activity in priority areas of scientific development, and enjoy administrative-functional or functional independence (country, regional, academic, scientific innovation, scientific-manufacturing, scientific-methodical, scientific-experimental and others).

14.2. Scientific institutes and organizations and higher education institutions may establish scientific centers, which have a status of a legal person, with a view to coordinating scientific activity, using material, technical, financial and staff reserves efficiently, and ensuring a common technological process (till the outcomes of scientific research are applied in manufacturing).

14.3. Scientific centers may organize scientific and scientific-technical researches in cooperation with different scientific, educational, manufacturing, business, service and other areas.

14.4. Relevant executive power awards the status of a “Scientific center” to scientific institute and organizations which have breakthrough achievements in the field of science, is renowned at international level, have highly-qualified scientific specialists, material and technical resources, and infrastructure.

 

Article 15. Experimental-constructor, design-consturctor, experimental-manufacturing, design-technological institutes

15.1. Experimental-constructor institute (bureau) ensures application of the outcomes of scientific researches in manufacturing after technical, engineering and laboratory trials. This type of institutes ensure preparation of product samples and technical drawings required for manufacturing.  

15.2. The key function of design-technological institutes (bureau) is to carry out comprehensive designing of the innovative developments when scientific research works, business plans and investment projects are at the stage of feasibility studies, and ensure their application.

15.3. Experimental-constructor, design-consturctor, experimental-manufacturing, design-technological institutes function independently, or under the scientific institutes and organization, higher education institutions as well as different authorities.

15.4. Legal and physical persons may set up experimental-constructor, design-consturctor, experimental-manufacturing, design-technological institutes in different areas, regions and other directions in accordance with this Law with a view to researching scientific or scientific-technical issues of major significance.

 

Article 16. Unions of scientific employees and other subjects of scientific activity

16.1. Scientific employees may establish public unions and funds on the voluntary basis in accordance with the Law of the Republic of Azerbaijan on “Non-governmental organizations (public unions and funds)” with a view to interpreting and promoting scientific outcomes, researching different scientific issues, protecting rights of employees and to improve their social protection.

16.2. Public unions and funds of scientific employees are engaged in coordinating, organizing and motivating scientific activity.

16.3. State authorities may engage public unions of scientific employees in drafting and evaluating projects related to finding solutions to different issues, in raising scientific awareness as well as drawing up scientific programmes and projects funded on competition basis, accrediting scientific intitutes and attesting scientific employees.  

16.4. Public unions of scientific employees are entitled to place an order for and organize scientific researches, and award the outcomes of scientific activity.

16.5. Legal persons, whose main activity is not related to scientific and scientific-technical creativity, belong to the category of other subjects of scientific activity, and they may set up different internal divisions conducting scientific and scientific-innovation activity.

 

Chapter 3

STATE POLICY IN THE FIELD OF TRAINING HIGHLY-QUALIFIED SCIENTIFIC SPECIALISTS

Article 17. Training highly-qualified scientific specialists

17.1. Training highly-qualified scientific specilists ensures improving scientific, scientific-technical and intellectual capacity, development of scientific creativity, and dissemination of scientific knowledge in the country.

17.2. A person engaged in scientific and scientific-pedagogical activity is required to have a master degree or equivalent higher education as stated in the Article 9.1 of this Law.

17.3. Training highly-qualified scientific specialists is carried out through doctor of philosophy and doctor of science programmes (adjunct studies in military education institutions). Scientific research – dissertation carried out during doctoral studies needs to be implemented and defended.

17.4. Doctoral studies are offered in scientific institutes and organizations, and higher education institutions which have highly-qualified scientific and scientific-pedagogical capacity, necessary material and technical resources, and relevant infrastructure.

17.5. Establishment of and admission to doctoral studies, including being assigned as a parttime doctoral student, modes and duration of education are determined by this Law and the Law of the Republic of Azebaijan “on Education”.

17.6. Admission of foreigners or stateless persons to doctoral studies are carried out in accordance with the treaties the Republic of Azerbaijan is a party to, this Law and the Law of the Republic of Azebaijan “on Education”.

17.7. Training highly-qualified specialists in the Republic of Azerbaijan is carried out at the state request or on the tuition fee basis.

17.8. Training highly-qualified specialists at the state request is carried out at the expense of the state budget. Training highly-qualified specialists in higher education institutions and scientific centers of foreign countries is carried out at the expense of the state budget at the state request and on the tuition fee basis.

 

Article 18. Scientific degrees and scientific titles

18.1. Scientific degrees are awarded upon a petition from the dissertation council set up by the higher attestation authority in scientific institutes and higher education institutions, whereas scientific titles are awarded by higher attestation authority upon a petition from scientific councils of higher education institutions in the Republic of Azerbaijan.

18.2. Rules and conditions for awarding scientific degrees and titles in the Republic of Azerbaijan are determined by relevant executive power in accordance with this Law and the “Law on Education” of the Republic of Azerbaijan.

18.3. Scientific and pedagogical specialists, who have had an impeccable employement record in the fields of culture, art, architecture, military, physical training and sport in scientific institutes and higher education institutions in the Republic of Azerbaijan for a long time, but do not have scientific degree, may be awarded scientific titles of associate professor and professor in the manner determined by releval executive power.

18.4. Scientific institutes and higher education institutions are entitled to award an honorary professor (honorary doctor) title. Rules and conditions for awarding honorary professor (honorary doctor) title are determined in the regulations of scientific institutes and higher education institutions.

18.5. Scientific degrees and scientific titles are awarded for life. Scientific degrees and scientific titles are deprived in the manner determined by relevant executive power in case of vilations of scientific ethics and defense procedure, and discovery of plagiarism.

 

Article 19. Dissertation council

19.1. Dissertation council is established on the basis of common system in scientific institutes and higher education institutions which carry out regular researches in the similar majors and have highly-qualified specialists.

19.2. Rules for establishing and activity of dissertation council are determined by relevant executive power.

19.3. One-time dissertation councils may be set up for majors that do not have a dissertation council. One-time dissertation council is for the defense of one or several dissertations in the one-time dissertation council established under the existing dissertation council or in the separately-established council.

19.4. Being an official opposer for dissertations submitted to dissertation council is classified as paid labour activity, and is paid by scientific institute and higher education institution that candidate belongs to.  

19.5. Scientific supervisor (scientific councelor), official opposers, leading organization, and members of dissertation council are responsible that the submitted and defended dissertation is of good quality, and meets the necessary requirements of scientific novelty.

 

Article 20. State document on scientific degrees and scientific titles

20.1. Doctors of philosophy and doctors of science, who successfully completed doctoral studies (partime doctoral studies) in scientific institute and higher education institution of the Republic of Azerbaijan and are awarded scientific degree, are given a common state document – diploma.

20.2. Certificates on scientific titles awarded by higher attestation authority on the basis of a petition from scientific institute and higher education institution belong to scientific and scientific-pedagogical specialists of that institution, and are recognized in all departaments, institutions and organizations functioning across the country.

20.3. Rules and conditions for awarding the state document on scientific degrees and scientific titles are determined in this Law, the “Law on Education” of the Republic of Azerbaijan, and other relevant legislative acts.

20.4. Scientific degrees and scientific titles awarded in foreign countries are recongnized on the basis of nostrification or re-attestation in the manner determined by relevant executive power.                                

                                             

Chapter 4

MANAGEMENT OF SCIENTIFIC ACTIVITY

Article 21. Management of scientific institute and organizations

21.1. Scientific institutes and organizations are managed in accordance with this Law and their own regulations regardless of their organizational-legal form, and type of ownership.

21.2. Scientific institutes and organizations are managed on the principles of openness, transparency, self-management, and independence of scientific creativity.

21.3. Scientific institutes and organizations establish self-management bodies (scientific council, coordination council and board of trustees and others) with a view to implementing management in a democratic way. Rules for establishing these bodies and their powers are determined in the regulations of scientific institutes and organizations.

21.4. Supreme governing body of scientific institutes and organizations is its scientific council. The scientific council discusses all activities undertaken in the field of science and their outcomes, takes relevant decisions, develops and approves future plans.

21.5. Heads of state scientific institutes and organizations are elected or appointed in accordance with their regulations.

21.6. Heads of municipality and private scientific institutes and organizations are elected or appointed by their founders in accordance with regulations of scientific institutes and organizations.

21.7. More than half of the employees of scientific institutes and organizations founded by foreigners, stateless persons or foreign legal persons shall be citizens of the Republic of Azerbaijan.

21.8. Deputy head of scientific institutes and organizations, founded by foreigners, stateless persons or foreign legal persons, and with over 51% of the charter capital and shares belonging to foreigners, stateless persons or foreign legal persons, shall be a citizen of the Republic of Azerbaijan.

 

Article 22. Coordination of scientific research activity

22.1. Scientific research activity of scientific institutes and higher education institutions is coordinated and channelled by an organization determined by relevant executive power.

22.2. Relevant executive power establishes Coordination Council of Scientific Researches of the Republic of Azerbaijan with a view to ensuring coordination of scientific researches conducted by scientific institutes and organizations.

22.3. The key responsibility of Coordination Council of Scientific Researches is to coordinate scientific researches, remove duplication, engage different scientific structures in joint scientific researches, supervise implementation of fundamental and applied researches, scientific-technical programmes across different fields, and to improve their productivity and efficiency.

22.4. Coordination Council of Scientific Researches functions in accordance with the regulations approved by relevant executive power.

22.5. Coordination Council of Scientific Researches establishes scientific councils on scientific issues for the key areas of science. Scientific councils of scientific issues are composed of highly-qualified specialists of education institutes and organizations, and higher education universities functioning in the relevant areas

22.6. Dissertation topics in specific areas are discussed and approved, relevant issues of those areas are put to discussion, and decisions are taken in scientific councils on scientific issues. Coordination Council of Scientific Researches functions on public principles.

 

Article 23. Integration of science, education and economy

23.1. Integration of science, education and economy is carried out in order to ensure a unity between science and education and innovation-oriented manufacturing.

23.2. Integration of science, education and economy serves to create a knowledge-based society and economy, and to form and to develop competitive manufacturing.

23.3. Integration of science, education and economy in the Republic of Azerbaijan is carried out in the following directions:

23.3.1. establishing clusters, special zones and technopolises on the basis of merger of scientific institutes and organizations, higher education institutions with science-intensive manufacturing areas and entrepeneurship functioning in the territory of the country;

23.3.2. actively engaging teaching staff, students, master and doctoral students of higher education institution in scientific research; involving scientific and scientific-technical specialists of scientific institutes and organizations in teaching, teaching methodical, scientific research, experimental-exploitation works, master (residency) and doctoral programes in different forms;

23.3.3. Establishing joint scientific research centers, departments, laboratories, scientific technology parks, techno-incubators and teaching clinics of scientific institutes and organizations, and higher education institutions.

23.4. scientific institutes and organizations, and higher education institutions are entitled to conduct joint scientific researches, draft projects and programmes, provide counselling and other services in accordance with this Law.

 

Article 24. Regulation of scientific activity and accreditation of scientific institute

24.1. Scientific activity in the Republic of Azerbaijan is regulated in accordance with the principles determined in this Law, and the scientific activity of higher education institutions is also regulated by their regulations.

24.2. Scientific researches, which may be dangerous for the security of the country, health of citizens and environment, and damaging for national-moral values, national history, and the use of the outcomes of these kinds of researches are not allowed.

24.3. Branches and representations of foreign legal persons are only allowed to carry out scientific and scientific-technical activity in the Republic of Azerbaijan if they are registered in the Republic of Azerbaijan.

24.4. Rules for accrediting scientific institutes are approved by relevant executive power. Accreditation body of scientific institutes functions in accordance with the regulations approved by relevant executive power and on public principles.

24.5. Accreditation of scientific institutes serve to determine if organizion and management of scientific activity, material and technical resources, and infrasturture, scientific programmes, outcomes and efficiency of scientific researches, specialist capacity, financial resources of scientific institutes are in line with the requirements of regulatory acts.

24.6. Scientific institutes, which pass accreditation, are awarded a certificate of accreditation. Scientific institute, which fails accreditation, is entitled to reaccreditation in the course of 3 (three) years. Decision on failed accreditation may anly be repealed or changed by court.

24.7. Scientific institutes are entitled to undergo international accreditation in order to make themselves known, and to increase their rating in the international scientific area.

 

Article 25. Attestation of scientific employees, specialists, and scientific support staff/administrative staff

25.1. Attestation of scientific employees in scientific institutes and organizations are conducted for the following purposes:

25.1.1. examining professional level of scientific employees;

25.1.2. determining if scientific employees are fit for their positions;

25.1.3. bringing out perspectives of using the capacity of scientific employees and motivating them to improve professional skills;

25.1.4. identifying relevant requirements for improving the major and vocational qualifications of scientific employees.

25.2. Attestation of scientific employees is carried out every 5 (five) years.

25.3. Attestation of scientific employees, specialists, and scientific support staff/administrative staff of scientific institutes and organizations is carried out by the attestation commission established by the decision of scientific councils of scientific institutes and organizations.

25.4. Rules for attestation of scientific employees, specialists, and scientific support staff/administrative staff are determined by the Labour Code of the Republic of Azerbaijan.

25.5. Outcomes of attestation of scientific employees, specialists, and scientific support staff/administrative staff may anly be repealed or changed by court.

 

Article 26. Information provision of scientific activity

26.1. Subjects of scientific activity are entitled to have an unhindered access to scientific and scientific-technical information, and to exchange information in accordance with the Law of the Republic of Azerbaijan on “Obtaining Information” save for information, the acquisition of which is limited by law.

26.2. State creates conditions for setting up data centers, funds and systems which collect, analyse, store, and disseminate scientific information for subjects of scientific activity to establish relations with international information funds and centers in the field of science, technology and innovation, publishing scientific outcomes, and obtaining prominent foreign scientific journals, books, and other scientific-technical materials.

26.3. State ensures establishment of material and technical resources, and infrastructure, which meet modern requirements for scientific archives, with a view to collecting, storing, systematising, and protecting scientific heritage, and guarantees the use of archival sources save for information, the acquisition of which is limited by law.

26.4. In case of termination or reorganization of state scientific institute and organizations, their scientific data bank is inherited by their legal heir in accordance with the Civil Code of the Republic of Azerbaijan.

 

Article 27. Evaluation of scientific and scientific-technical activity

27.1. Evaluation of scientific and scientific-technical activity is carried out with a view to studying, analysing, checking and assessing the level of scientific and scientific-technical level of the objects of evaluation, and giving expert feedback, and officialization for substantiating the decisions about these objects.

27.2. Evaluation of scientific and scientific-technical activity is carried out by qualified expert organizations and physical persons (experts).

27.3. Evaluation of scientific and scientific-technical activity is carried in the following cases:

27.3.1. when priority areas of state policy and scientific development in the field of science are identified;

27.3.2. when scientific programmes and projects funded at the expense of state budget are drafted;

27.3.3. when competition for taking part in scientific programmes and projects are held;

27.3.4. when assessing if an object of evaluation (scientific researches, scientific programmes and projects, scientific works, scientific-methodical aids and others) is line with modern scientific-technical, technological knowledge and requirements as well as their economic feasibility;

27.3.5. when forecasting scientific-technical, social-economic and ecological outcomes of programmes, projects, and proposals that are the objects of evaluation, and scientifically substantiating their application in manufacturing;

27.3.6. when assessing the compliance of the object of evaluation with the state interests, its ecological, and technological and public safety;

27.3.7. when assessing the analysis and efficiency of using existing scientific-technical capacity;

27.3.8. when determining if dissertations, scientific works, teaching and scientific-methodical aids submitted for obtaining scientific degrees and scientific titles are in line with relevant requirements;

27.3.9. when recognition (nostrification) of documents on scientific degree and scientific title awarded in foreign countries or re-attesttion is carried out;

27.3.10. when submitting scientific works, important scientific achievements for obtaining state awards or international awards;

27.3.11. when there is a decision by relevant executive power or court.

27.4. Evaluation of dissertations and documents, submitted for obtaining scientific degrees and scientific titles as well as of documents on scientific degrees and scientific titles awarded in foreign countries, is carried out by the higher attestation authority in accordance with this Law and the “Law on Education” of the Republic of Azerbaijan.

27.5. Physical or legal person who is interested in the outcome of evaluation of scientific and scientific-technical activity is not allowed to take part in the evaluation.

27.6. The outcomes of evaluation of scientific and scientific-technical activity is made public and placed on internet resources save for information, the acquisition of which is limited by law.

 

Article 28. Use/application of outcomes of scientific activity

28.1. Application of scientific outcomes and scientific products, provision of scientific, scientific-technical, engineering-counselling and other services, including joint scientific activity, and sharing the income are regulated by agreements signed between scientific institutes and organizations, and customers or consumers of the outcomes of scientific activity.

28.2. Orders may be placed for scientific institutes and organizations, research universities to conduct fundamental, applied and experimental researches.

28.3. Scientific researches conducted on the basis of orders are carried out in accordance with commercial or non-commercial requirements, and are regulated by the agreements signed between customer and subject of scientific activity.

28.4. Outcomes of scientific researches conducted on the basis of state orders belongs to the state, with the protection of the copyright.

28.5. Ownership, application and disposal rights over outcomes of scientific activity are regulated by the Civil Code of the Republic of Azerbaijan and agreements between parties.

28.6. Outcomes of scientific works carried out at the expense of the state budget is made public, and placed on internet resources if it does not contradict intellectual property rights, and regulatory acts on the protection of information.

28.7. Public are informed about the safety, including ecological safety, economic and social importance of manufacturing and other facilities set up using the scientific achievements in advance.

 

Article 29. Scientific ethics and protection of intellectual property rights

29.1. Protection of intellectual property rights in the Republic of Azerbaijan is regulated by Laws of the Republic of Azerbaijan “On Patent”, “On Copyright and related rights”, “On Protection of Intellectual property rights and fight against piracy”, and this Law.

29.2. Following cases of violation of scientific ethics and rights related to scientific outcomes are classified:

29.2.1. outcome does fit the research process;

29.2.2. changing or distorting the outcome without any substantiation;

29.2.3. using a text, work, scientific product of another person without permission or written citation;

29.2.4. dublication or republication of the same text under a different title;

29.2.5. changing authors or violation of co-authorship right;

29.2.6. violation of copyright – scientific plagiarism;

29.2.7. using scientific work, invention, useful model and industrial sample without permission save for cases of non-commercial and non-profit use.

29.3. Scientific ethics shall be followed. Violation of intellectual property rights carries criminal, administrative and civil liability.

 

Article 30. Privatization of state scientific institutes

30.1. Upon the decision of relevant executive power state scientific institutes may be put to privatization upon a condition that they maintain their profile.

30.2. State scientific institutes, which carry out fundamental scientific researches of strategic importance, may not be privatised.

 

Chapter 5

RIGHTS, RESPONSIBILIES, AND SOCIAL PROTECTION OF SCIENTIFIC EMPLOYEES

Article 31. Rights of scientific employees

31.1. Rights of scientific employees are the following:

31.1.1. to be an author of scientific outcomes, to raise a petition to have their intellectural property rights recognized and protected;

31.1.2. to get an incoime and receive authorship fee from the application of scientific outcomes that he is an author or is a legal owner of;

31.1.3. to achieve objective assessment of scientific activity, to receive awards, and to enjoy privileges;

31.1.4. to apply to be awarded scientific degree, and scientific titles on the basis of scientific achievements;

31.1.5. to take part in scientific conferences and simpoziums, congress and seminars, and other group discussions;

31.1.6. to take part in competition for funding scientific researches at the state expense and other legal sources;

31.1.7. to engage in international cooperation (internship in foreign countries, to publish scientific outcomes, to conduct joint researches and so on.) in accordance with the international treaties the Republic of Azerbaijan is a party to;

31.1.8. to refuse to engage in scientific researches having a negative impact on humans, society and environment;

31.1.9. to conclude an agreement on joint scientific activity;

31.1.10. to improve scientific qualifications and to take part in competitions;

31.1.11. to benefit from paid sabbatical leave;

31.1.12. to be provided with normal working conditions for carrying out scientific researches;

31.1.13. to be represented in trade unions, associations, and other public unions;

31.1.14. to engage in pedagogical activity;

31.1.15. to choose independent area and method of research within the framework of research areas of their scientific institutes and organizations, and in accordance with their own scientific interests;

31.1.16. to receive grants, and have an income;

31.1.17. to take part in scientific evaluation of programmes and projects, forecasting and assessing social and economic outcomes;

31.1.18. to receive information in accordance with the Law of the Republic of Azerbaijan on “Obtaining information”, and to make scientific outcomes public save for information, the acquisition of which is limited by law;

31.1.19. to hold a position, to elect and to be elected to a position in scientific institutes and organizations;

31.1.20. to fulfil other rights in accordance with this Law.

31.2. The rights of scientific employees are regulated by the Labour Code of the Republic of Azerbaijan, this Law, regulations of scientific institutes and organizations, and labour contracts signed between employer and scientific employee.

 

Article 32. Responsibilities of scientific employees

32.1.  The responsibilities of scientific employees are as follows:

32.1.1. to take part in implementing state policy in the field of science;

32.1.2. to promote ideas of Azerbaijanism, to support and to develop national-moral and human values, and national traditions;

32.1.3. to protect state interests, not to infringe on human rights and liberties, not to harm human life and health and the environment when engaging in scientific activity;

32.1.4. to scientifically substantiate, analyse and promote scientific knowledge, processes unfolding in social-economic and public-cultural life of the country and obtained results;

32.1.5. to objectively evaluate scientific programmes and projects, scientific outcomes, and experimental researches;

32.1.6. to follow scientific ethics, not to commit plagiarism, to be creative, decent, responsible, independent and resourceful;

32.1.7. to constantly improve own scientific qualification, knowledge and experience, to take a creative approach to scientific researches, to support innovations, and to publish articles;

32.1.8. to undertake attestation;

32.1.9. not to disseminate topics and outcomes of confidential scientific researches;

32.1.10. to fulfil other responsibilities in accordance with this Law.

32.2. The responsibilities of scientific employees are regulated by the Labour Code of the Republic of Azerbaijan, this Law, regulations of scientific institutes and organizations, and labour contracts signed between employer and scientific employee.

 

Article 33. Social protection of scientific employees and motivating scientific activity

33.1. State ensures development of science, establishment of scientific schools, dissemination and promotion of scientific knowledge, motivating scientific employees, use of different social motivation means and mechanisms for engaging the youths in scientific activity.

33.2. State creates conditions for organization of scientific forums, conferences and simposiums, competitions, knowledge contests, olympiads and other scientific events of international and domestic importance, as well as nominations and presentations in the field of history, literature and art.

33.3. Official salaries of scientific employees, working in state scientific institutes and organizations, higher education institutions, are determined on the basis of their functional responsibilities, vocational characteristics, scientific degrees, scientific titles and work experience.

33.4. Scientific employees, who are temporary members of scientific bodies/groups, are paid on the basis of labour contract.

33.5. Salaries of foreign scientists and researchers, working in scientific institutes and organizations, higher education institutions of the Republic of Azerbaijan, are determined in the labour contracts.

33.6. Additional scientific, teaching, and organizational work carried out by scientific employees outside their work responsibities is paid by customer.

33.7. Full and correspondent members of scientific organization, determined by relevant executive power, are awarded a monthly (rank) salary in the amount determined by relevant executive power.

33.8. Persons, who are engaged in scientific and scientific-pedagogical activity and have scientific degrees and scientific titles, are paid an additional payment in the amount determined by relevant executive power for their scientific degrees and scientific titles.

33.9. State creates conditions for improving housing problems of scientific employees, including providing young scientists with flats or a plot of land, and soft mortgages.

33.10. State ensures long-term soft loans for paying tuition fee of doctoral studies and other education-related expenses, and determines a mechanism for paying off the loan when learner starts working.

33.11. State ensures allocation of grants for scientific research, experimental-trial works, for funding doctoral studies in prominent universities and scientific centers of foreign countries, for undertaking in-service training, internship, studying international experience and other purposes.

33.12. Scientific employees and doctoral students working in scientific institutes and higher education institutions are given a sabbatical leave in accordance with the Labour Code of the Republic of Azerbaijan.

33.13. Scientific institutes and higher education institutions are entitled to make additional payments, and offer social benefits (health care, recreation and others) to scientific employees, and other employees at the expence of out-of-budget means.

33.14. Scientific employees are awarded individual stipends, benefits, state awards, state honours, honorary titles, awards and honorary certificates, established by scientific institutes and organizations, for their services and achivements in the field of science.

33.15. Onetime renumeration is paid to an author for each scientific article published in scientific journals with high impact factor and citation index at the expense of their scientific institutes and organizations, or higher education institutions, including science and innovation funds. The list of these journals is annually published in the media, and is placed on internet resources by relevant executive power.

33.16. Authors, whose scientific works were highly cited at international level, are rewarded at the expense of internal capacity of their institutes for their professional activity and services.

 

Chapter 6

ECONOMICS OF SCIENTIFIC ACTIVITY

Article 34. Funding of scientific activity

34.1. Scientific and scientific-technical activity is funded at the expense of state budget, personal funds of subjects of scientific activity, state funds, loans, grants, contributions, and other legal sources.

34.2. Scientific and scientific-technical activity may also be funded through funds attracted by scientific institutes and organizations from international organizations, financial institutions and funds on the basis of agreements, competitions and grants, as well as from the income generated through the sale of scientific products and services.

34.3. Funds, allocated from the state budget for financing scientific activity, ensure continuous development of scientific activity, protection and development of existing scientific capacity, conduction of research on (seeking solutions to) public-political, national-moral, social-economic and scientific-technical issues of state interest and fulfilment other tasks.

34.4. Funding of scientific and scientific-technical activity at the expense of the state budget is carried out in the following ways:

34.4.1. basic funding;

34.4.2. programme specific funding;

34.4.3. grant funding.

34.5. Relations between subjects of scientific and scientific-technical activity and relevant executive powers and related authorities on realization of scientific and scientific-technical projects, grants or programmes are regulated by agreements, and implementation of these agreements shall not exceed 3 years.

34.6. Scientific institutes and organizations are entitled to independently use their out-of-budget funds for improving their material and technical resources, and scientific infrastructure, financial motivation of their employees, and for other purposes.

 

Article 35. Basic funding of scientific activity

35.1. State scientific institutes and organizations, scientific research institutes and laboratories of state higher education institutions, and other scientific institutes fulfilling state orders in the field of science are the subjects of basic funding of scientific activity.

35.2. The list of scientific institutes and organizations, that are subjects of basic funding, is approved by relevant executive power. 

35.3. Basic funding ensures conduction of fundamental scientific researches, as well as of researches important from state, national security and defence point of view; protection of key scientific facilities; and training of highly-qualified scientific specialists.

35.4. Basic funding covers maintenance of the property and buildings of state scientific institutes and organizations, as well as of the scientific research institutes and laboratories of state higher education institutions; development of scientific infrastructure; furnishment with modern equipment and other necessary aids; paying salaries of scientific employees, administrative and support staff; publication and dissemination of the outcomes of scientific researches; and provision of scientific-technical activity with data.

Article 36. Programme specific funding of scientific activity

36.1. Programme specific funding of scientific activity is aimed at conducting scientific works of strategic importance for the state, and is carried out on competition or out-of-competition basis by the decision of relevant executive power.

36.2. All subjects of scientific activity and their relevant structures enjoy equal rights in the competition for programme specific funding of scientific activity regardless of their form of ownership.

36.3. Relevant executive power determines the rules for holding competitions for programme specific funding of scientific activity, and their results are published in the media, and placed on internet resources of competent authorities.

36.4. Expert commissions set up by relevant executive power determine winners of competitions of scientific or scientific-technical programme specific funding, and winners are approved by competition holding authority. 

36.5. Based on international treaties the Republic of Azerbaijan is a party to, programme specific funding, that is shaped and implemented on the basis of international and inter area agreements, is carried out in accordance with the rule of participation and each party’s share.

36.6. Programme specific funding of concrete scientific programmes and projects is carried out in coordination with basic funding.

 

Article 37. Funding of scientific activity through grants

37.1. Funding through grants serves to motivate and improve scientific researches; to enhance scientific-technical capacity, and competiveness of scientific institutes, organizations, and higher education institutions as well as scientists and researchers.  

37.2. Key areas and volume of state funding through grants are determined in accordance with the priority areas of scientific development.

37.3. Recipient institutes and organizations, and project managers have exceptional rights in managing their projects.

37.4. Relevant executive power determines the rules for holding competitions on funding the scientific activity through grants, and their results are published in the media, and placed on internet resources.

37.5. State scientific institutes bear responsibility for the grants they obtained through competition and agreements from international organizations, funds, and other financial institutions, and markets of scientific-technical products and services.

 

Article 38. Innovation and entrepreneurship in science

38.1. Scientific structures of scientific institutes and higher education institutions are entitled to engage in innovation – to generate new or improved products, to reshape and re-channel technological processes through scientific research and experimental-constructor work and application of their outcomes with a view to gaining economic and social benefit. 

38.2. Outcomes of innovation activity of scientific employees and specialists of scientific institutes and higher education institutions undergo scientific evaluation, and the person engaged in innovation activity is motivated. 

38.3. Innovation activity of scientific institutes serves to boost relations between science and manufacturing, scientific employees and subjects of entrepreneurship, to develop science-intensive projects, and to ensure competitive scientific-technological development in the country.

38.4. State creates favourable conditions for encouraging domestic and foreign investments with a view to enhancing innovation and manufacturing in state scientific institutes and organizations. 

38.5. Scientific employees and specialists of scientific institutes and higher education institutions are entitled to engage in scientific innovation and science-oriented entrepreneurship inside and outside the country.

38.6. High technologies-based industrial institutes, economic areas, alternative energy stations, scientific-information, technology and evaluation centers of experimental-trial nature may be established in scientific institutes and higher education institutions on the basis of innovation initiatives with a view to shaping competitive development in the country. 

38.7. Scientific employees are engaged in scientific information, innovation and scientific evaluation services.

38.8. Scientific employees and specialists of scientific institutes and higher education institutions are entitled to put their rationalization proposals, inventions and patents on sale and auction, to submit them to competitions, to conclude contracts for their application in manufacturing.

38.9. Scientific employees and specialists of scientific institutes and higher education institutions are entitled to engage in science-related entrepreneurship in the areas of manufacturing as well as in other areas that their organization is engaged. 

38.10. Scientific institutes and scientific employees are paid remuneration, in accordance with contract, from the income generated through application of outcomes of scientific researches, rationalization proposals, and inventions in manufacturing.

38.11. Institutes and organizations, which distinguish in the application of the outcomes of scientific researches, rationalization proposals, and inventions and support the development of science, are promoted.

38.12. Science, education and innovation funds may be established with a view to improving quality and efficiency of scientific researches in the Republic of Azerbaijan, enhancing scientific capacity and innovation opportunities of the country, motivating the scientific activity of scientists and researches, studying international experience, and supporting projects for holding different scientific events

38.13. Science and innovation funds finance scientific programmes and projects, which are fundamental, applied and innovative, and important for the state and society, submitted by scientific institutes and organizations, and other legal and physical persons engaged in scientific activity.

38.14. Rules on financial sources of science and innovation funds, selection and evaluation of programmes and projects, holding competitions, receiving grants, and use of financial means are determined by the regulations of these funds.

38.15. Outcomes of innovation and science-related entrepreneurship activity of scientific employees of scientific structures of scientific institutes and higher education institutions are taken into account when electing or appointing them to a position.

38.16. Relevant executive power grants concessions and privileges to scientific institutes and organizations, science and innovation funds (as well as on the basis of joint agreements of foreign partners) for importing scientific equipment, devices, installations, machines, reagents and other instruments of scientific nature into the Republic of Azerbaijan with a view to conducting scientific researches and using them in grant competitions. 

                                                                            

Chapter 7

FINAL PROVISIONS

Article 39. International cooperation in the field of scientific activity

39.1. International cooperation in the field of scientific activity is carried out on the basis of international treaties the Republic of Azerbaijan is a party to.

39.2. Subjects of scientific activity may independently engage in the trade of unprohibited scientific outcomes and scientific products inside and outside the country.

39.3. Subjects of scientific activity establish relations with scientific and education institutions of foreign countries, international organizations and funds, sign cooperation agreements, become members of state and non-governmental organizations functioning in the field of science, and take part in international scientific and scientific-technical programmes, and projects.

39.4. International cooperation in the field of scientific activity is carried out through preparation of joint international projects, conduction of fundamental and applied scientific researches and design-constructor works, scientific-practical forum, conference, simpozium, rountable and other scientific events, exchange of master and doctoral students, teachers and scientific employees, and measures of protecting the copyright.

39.5. Scientific institutes and organizations are entitled to establish joint facilities (scientific centers, branches, laboratories, techno-parks and others) inside and outside the country with a view to enhancing international cooperation, and improving quality of scientific activity.

39.6. Admission of foreigners and stateless persons to doctoral studies in the Republic of Azerbaijan is carried out on the basis of the international treaties the Republic of Azerbaijan is a party to, as well as agreements signed with scientific and education institutes.

39.7. Foreign investments in the development of science and scientific researches is carried out in accordance with the Law of the Republic of Azebaijan on the “Protection of foreign investments”.

 

Article 40. Liability for violation of the Law

Persons, who violate the requirements of this Law, bear liability in accordance with the Civil Code of the Republic of Azerbaijan, Administrative Offences Code of the Republic of Azerbaijan and the Penal Code of the Republic of Azerbaijan.

 

İlham Aliyev

The President of the Republic of Azerbaijan

Baku, 14 June 2016

 

 

The Decree of the President of the Republic of Azerbaijan
on the application of Law “on Science” of the Republic of Azerbaijan,
# 271-VQ dated 14 June 2016

 

Governed by the Clause 19 and 32 of the Article 109 of the Constitution of the Republic of Azerbaijan, I hereby resolve as follows with a view to ensuring the application of the “Law on Science” of the Republic of Azerbaijan, # 271-VQ dated 14 June 2016:

1. The Cabinet of Ministers of the Republic of Azerbaijan:

1.1. shall in the course of five months:

1.1.1. submit proposals on bringing the laws of the Republic of Azerbaijan, and the acts of the President of the Republic of Azerbaijan in line with the “Law on Science” of the Republic of Azerbaijan;

1.1.2. ensure bringing the regulatory acts of the Cabinet of Ministers in line with this Law, and report to the President of the Republic of Azerbaijan;

1.1.3. identify requirements for awarding “Research university” status to higher education institutions in accordance with the 12.6 Article of this Law, and report to the President of the Republic of Azerbaijan;

1.1.4. determine types of entrepreneurship that scientific research institutes are allowed to engage in in accordance with the article 13.5 of this Law, and report on this to the President of the Republic of Azerbaijan;

1.1.5. approve the regulations on Coordination Council of Scientific Researches in accordance with the article 22.4 of this Law, and report to the President of the Republic of Azerbaijan;

1.1.6. determine the amount of additional payment awarded to persons, who are engaged in scientific and scientific-pedagogical activity and have scientific degree and title, in accordance with the article 33.8 of this Law, and report to the President of the Republic of Azerbaijan;

1.1.7. determine the rules for accreditation of scientific institutes and approve the regulations on accreditation authority of scientific institutes in accordance with the article 24.4 of this Law and report to the President of the Republic of Azerbaijan;

1.1.8. approve the list of scientific institutes and organizations that are subjects of basic funding in accordance with the article 35.2 of this Law, and report to the President of the Republic of Azerbaijan;

1.1.9. determine the rules for holding competitions on funding scientific activity through grants in accordance with the article 37.4 of this Law, and report to the President of the Republic of Azerbaijan;

1.1.10. develop draft legislative act determining types of liabilities for violating this Law, and submit it to the President of the Republic of Azerbaijan;

1.2. develop proposals on executive power implementing the powers of relevant executive power indicated in the articles 12.6 (second case), 13.2, 27.3.11, in the second sentence of article 33.15, artices 34.5, 36.1, 36.3, 36.4 and 38.16 of this Law in the course of three months, and submit them to the President of the Republic of Azerbaijan.

1.3. supervise bringing the regulatory acts of central executive power authorities in line with this Law, and report on its implementation to the President of the Republic of Azerbaijan in the course of six months;

1.4. solve other issues arising from this Law.

2. Definitions are:

2.1. “Relevant executive power” in the articles 1.0.40, 8.4.5, 11.1, 12.13, 13.1, 22.1, 30.1 and 33.7 (in the first case) of the “Law on Science” of the Republic of Azerbaijan imply the President of the Republic of Azerbaijan;

2.2. Powers of relevant executive power implied in the second sentence of article 11.7, in the articles 18.2, 18.3, 18.5, 19.2, 20.4 and və 33.7 (in the second case) of this Law are carried out by the President of the Republic of Azerbaijan;

2.3. Powers of relevant executive power implied in the article 12.6 (in the first case), in the articles 13.5, 14.4, 22.2, 22.4, in the first and second sentences of article 24.4, in the articles 33.8, 35.2, 37.4 of this Law are carried out by the Cabinet of Ministers;

2.4. Authority implied in the article 1.0.40 of this Law is Higher Attestation Commission under the President of the Republic of Azerbaijan;

2.5. Scientific organization implied in the articles 8.4.5, 11.1, 12.13, 13.1, 22.1 and 33.7 of this Law is the Azerbaijan National Academy of Sciences.  

3. The Ministry of Justice of the Republic of Azerbaijan shall ensure bringing the legal acts and regulatory acts of central executive power authorities in line with the “Law on Science” of the Republic of Azerbaijan, and report to the Cabinet of Ministers of the Republic of Azerbaijan.

 

İlham Aliyev

The President of the Republic of Azerbaijan

Baku, 9 August 2016

Standards and Guidelines for Quality Assurance of Higher Education in Azerbaijan

Statue of Higher Education Institution

Regulations on the Scientific Council of higher education institution