Unofficial translation
LAW OF THE REPUBLIC OF UZBEKISTAN
On science and scientific activity
Adopted by the Legislative Chamber on July 22, 2019
Approved by the Senate on October 11, 2019
Chapter 1. General provisions
Article 1. Purpose of this Law
The purpose of this Law is to regulate relations in the field of science and scientific activity.
Article 2. Legislation on science and scientific activity
Legislation on science and scientific activity consists of this Law and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on science and scientific activity, the rules of the international treaty shall be applied.
Article 3. Basic principles of the field of science and scientific activity
The main principles of the field of science and scientific activity are:
freedom of scientific creativity and information;
efficiency and creative competition;
interest and stimulation;
objectivity of scientific expertise;
not causing harm to human life and health, the environment.
Article 4. The main directions of the sphere of science and scientific activity
The main directions of the sphere of science and scientific activity are:
achievement of competitiveness and efficiency of the national economy through the development of science and scientific activity;
identification of priority directions for the development of science and technology and the target direction of resources;
development of state scientific programs, support of sound initiatives and projects;
support for public-private partnerships in science and scientific activity;
the formation of an environment of aspiration for science and its attractiveness, the involvement of young people in scientific activity, the preparation of young talents;
protection of rights to intellectual property;
a reasonable increase in financing of the sphere of science and scientific activity;
ensuring close integration of science, education and production, increasing interest in it;
ensuring close integration of the sphere of science and scientific activity with the information space;
development of international cooperation in the field of science and scientific activity.
Chapter 2. Regulation of the field of science and scientific activity
Article 5. The powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of science and scientific activity
The Cabinet of Ministers of the Republic of Uzbekistan shall:
ensure the implementation of the main directions of science and scientific activity;
approve priority directions for the development of science and technology;
ensure the formation of the infrastructure of the sphere of science and scientific activity and its effective activity;
approve the procedure for evaluating the achievement of targets in the implementation of state scientific programs;
define measures to ensure close integration of science, education and production;
determine the procedure for financing the field of science and scientific activity, as well as the procedure for organizing funds with state participation;
provide social protection and stimulation of individuals engaged in scientific activities;
determine the procedure for awarding scientific degrees and scientific titles;
define measures to popularize in the information space the fundamentals, achievements of science and technology, as well as the promotion of relevant activities in the field of science and scientific activity.
Article 6. Powers of the Ministry of Higher Education, Science and Innovations of the Republic of Uzbekistan in the field of science and scientific activity
The Ministry of Higher Education, Science and Innovations of the Republic of Uzbekistan shall be the authorized state body in the field of science and scientific activity (hereinafter referred to as the authorized state body).
The authorized state body shall:
implement the main directions of the sphere of science and scientific activity;
form priority directions for the development of science and technology;
coordinate the activities of government bodies, scientific organizations, higher educational, informational and analytical institutions and other organizations on the development of the field of science and scientific activity;
develop and approve state programs for scientific activity, state target programs for scientific activity and monitor their implementation, coordinate the development of regional programs for scientific activity;
hold a competition of projects within the framework of state programs for scientific activity and finance them;
form a state order for scientific projects, maintain state accounting, monitor their implementation and receive reports on them;
form and approve the List of unique scientific objects;
render assistance in the development of international mutually beneficial scientific cooperation, in attracting foreign investment in the field of science and scientific activity;
coordinate the training system of the staff with a scientific degree.
Article 7. Powers of the Academy of Sciences of the Republic of Uzbekistan in the field of science and scientific activity
The Academy of Sciences of the Republic of Uzbekistan shall, within its powers:
make proposals on the formation of priority directions for the development of science and technology, state scientific programs, as well as international programs;
define and implement measures to ensure close integration of science, education and production;
creates the necessary conditions related to the collective use of scientific equipment in centers for collective use, and the use of unique scientific facilities by subjects of scientific activity in the manner prescribed by legislation;
increase the scientific potential of scientific organizations and prepare the staff with a scientific degree;
promote the commercialization of scientific developments and encourage their owners, and also create the necessary conditions for attracting young people to scientific activities, their effective scientific activities;
represent employees of scientific organizations for state and international awards;
study, analyze, popularize and promote the achievements of science of foreign countries and domestic science, develop recommendations for their use in the interests of the Republic of Uzbekistan;
participate in the implementation of cooperation with foreign academies of sciences, scientific organizations and foundations, the organization and conduct of international scientific events.
Article 8. Powers of institutions of higher education system, as well as ministries, departments and organizations owning subordinate scientific organizations in the field of science and scientific activity
Institutions of the higher education system, as well as ministries, departments and organizations owning subordinate scientific organizations shall, within their powers:
participate in the implementation of the main directions of the sphere of science and scientific activity;
make proposals on priority directions for the development of science and technology;
participate in the development of state scientific programs, as well as international programs and ensure their implementation;
ensure the implementation of effective and competitive scientific activities in educational institutions and scientific organizations subordinate to them;
provide training with a scientific degree in relevant directions, encourage people engaged in scientific activities;
determine and implement measures to ensure close integration of science, education and production;
strengthen the material and technical base of scientific organizations subordinate to them;
commercialize scientific developments and encourage their owners, as well as create the necessary conditions for attracting young people to scientific activity, their effective scientific activity;
participate in the popularization of the foundations, achievements of science and technology, as well as the promotion of relevant activities in the field of science and scientific activity.
Article 9. Powers of local government bodies in the field of science and scientific activity
Representative bodies of local state authority shall approve territorial programmes relating to scientific activity and shall exercise oversight over their implementation.
Local executive authorities shall, within the scope of their powers:
participate in the implementation of the main directions of the sphere of science and scientific activity;
develop territorial programmes relating to scientific activity, submit them to the representative body of local state authority for approval, and ensure their implementation;
participate in the formation of priority directions for the development of science and technology;
assist in the development of scientific activity and the creation of its modern infrastructure;
determine and implement measures to ensure close integration of science, education and production;
organize systematic work related to the creation, support and popularization of scientific developments;
establish systematic work on propaganda in the local information space of the fundamentals, achievements of science and technology, as well as related activities in the field of science and scientific activity.
Article 10. Participation of citizens, non-governmental non-commercial organizations and other institutions of civil society in the field of science and research
In the field of science and scientific activity, citizens, non-governmental non-commercial organizations and other institutions of civil society may:
make suggestions on the formation of priority directions for the development of science and technology, state scientific programs;
to exercise public control over the execution of the legislation on science and scientific activity;
to make proposals for the improvement of the legislation on science and scientific activity;
cooperate with government bodies and other organizations in the field of science and scientific activity and provide them with assistance;
disseminate, popularize and promote information on the field of science and scientific activity.
Article 11. Attracting youth to science and scientific activity
Attracting youth to science and scientific activity is carried out by:
development of relevant government programs;
taking appropriate measures to identify, select, educate talents in an educational organization;
organization in the relevant directions of specialized schools, boarding schools, special classes, centers and training courses;
orientation of knowledge acquired in the educational process to effective application in everyday life and professional activity;
organization and promotion of various competitions among students;
referrals to leading foreign scientific organizations and educational institutions for undergraduate and doctoral programs, advanced training and experience, as well as in other forms.
The state supports scientific associations of young scientists in scientific organizations and educational institutions, in production and other industries.
In scientific organizations and higher educational institutions, appropriate conditions must be created for young scientists and students to carry out scientific activities.
Chapter 3. Scientific activity and its subjects
Article 12. Scientific activity
Scientific activity is an activity aimed at the study of matter in order to determine the properties, characteristics and laws of objects, events (processes) and the application of acquired knowledge in practice, and includes fundamental and applied research.
Fundamental research is theoretical and (or) experimental activity aimed at gaining new knowledge about the basic laws of the structure, formation and development of nature, society and man, studying the relationship between them, as well as objects created as a result of a certain activity.
Applied research is an activity aimed at applying the results of mainly new knowledge and fundamental research to achieve practical goals and solve specific problems.
Article 13. Subjects of scientific activity
The subjects of scientific activity are individuals and legal entities engaged in scientific activities.
The scientific activity of foreign citizens and stateless persons in the Republic of Uzbekistan shall be carried out in accordance with legislation.
The job positions of employees working in state scientific organizations, as well as in scientific and scientific-technical structures within state educational institutions, shall be determined in accordance with legislation.
Article 14. Rights and obligations of persons carrying out scientific activities
Persons carrying out scientific activities have the right to:
choose the type, direction or means of scientific activity;
carry out scientific activities on an individual or collective basis;
refuse to participate in scientific activities that could harm human life and health, the environment;
receive material incentives depending on the level and quality of the work performed, as well as remuneration or benefits for putting into practice the results of their scientific activities;
to participate in tenders for scientific projects financed at the expense of the State Budget funds of the Republic of Uzbekistan, funds of the scientific activity support foundations, and other sources not prohibited by legislation, in the manner prescribed by legislation;
to freely use, disseminate, and publish in the mass media the results of scientific developments carried out by them or in co-authorship, provided that they do not constitute a state, service, or commercial secret, or other secrets protected in accordance with legislation;
to carry out entrepreneurial activity in the field of science in accordance with legislation;
engage in pedagogical activities, be a consultant and expert;
have the right to present the results of scientific activity in the form of a scientific report, article, monograph, and dissertation defense, and in other forms, unless a different procedure is established by legislation.
Persons carrying out scientific activities are required to:
not to harm human life and health, the environment;
not to allow plagiarism, misappropriation of other people's scientific developments, not to rely on false information;
comply with intellectual property rights and scientific ethical standards.
Article 15. Labor rights of persons engaged in scientific activities
The remuneration of persons engaged in scientific activity, the provision of annual paid labor leave, as well as creative leave to them, shall be carried out in accordance with legislation.
Persons carrying out scientific activities in state scientific organizations shall be granted annual paid leave of forty-eight working days, providing for material assistance.
State scientific organizations provide leave for up to one year for internships or advanced training of scientists in leading higher educational institutions, research centers and laboratories, including abroad.
Article 16. Scientific organization
A scientific organization is a legal entity whose main activity is aimed at carrying out scientific activities.
Scientific organizations have the right to establish organizations engaged in the commercialization of scientific activity results, centers for collective use of scientific equipment, and other organizations, as well as unique scientific facilities, in the manner prescribed by legislation.
Article 17. Carrying out scientific activity in higher education organizations
Scientific activity shall be carried out in higher education organizations along with the educational process.
The pedagogical staff of higher education organizations must engage in scientific activity in the relevant fields.
Higher educational institutions in the manner prescribed by law have the right to create organizations engaged in the commercialization of the results of scientific activities, centers for the collective use of scientific equipment and other scientific organizations, as well as unique scientific objects.
Higher education organizations have the right to involve highly qualified national and international scientists and representatives of scientific organizations in scientific activities, and to organize internships at leading national and foreign scientific organizations and educational institutions.
Responsibility for increasing the scientific potential of higher education organizations shall rest with the higher education organizations, the ministries, agencies, and organizations under whose subordination the higher education organizations fall, and the Ministry of Higher Education, Science and Innovations of the Republic of Uzbekistan.
When evaluating the scientific activity of a higher education organization, its scientific potential shall be taken into account, including the effectiveness of scientific developments, the establishment of scientific schools, the potential of pedagogical staff with academic degrees, as well as its contribution to the development of science.
Article 18. Other organizations in the field of scientific activity
Organizations for which scientific activity is not the main activity have the right to engage in scientific activity and create in their composition scientific structures to perform the functions specified in the constituent documents (charters).
Chapter 4. Organization and evaluation of scientific activities
Article 19. Priority directions for the development of science and technology
Priority directions for the development of science and technology are developed in order to provide a scientific solution to the problems associated with achieving competitiveness and efficiency of the national economy, increasing labor productivity, creating new industries, and improving the quality of life of the population, science and education systems.
Article 20. State scientific programs
State scientific programs include state programs for scientific activity, state target programs for scientific activity and regional programs for scientific activity.
State programs for scientific activity are developed in priority directions for the development of science and technology and consist of scientific projects carried out on the basis of a state order.
The introduction of scientific projects into state programs for scientific activity is carried out on a competitive basis and by relevant acts of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan.
State targeted programs for scientific activity are developed to solve actual problems and consist of scientific projects carried out on the basis of a state order for a specific product.
Territorial programmes relating to scientific activity shall consist of scientific projects aimed at addressing the socio-economic challenges of the relevant territory and introducing new scientific developments.
Topics, directions and information on the implementation of projects of state scientific programs are mandatory published in the media and on the official website of the authorized state body.
Article 21. Close integration of science and education
Close integration of science and education is ensured by:
improving the quality and effectiveness of the educational process;
the development of scientific thinking among students;
increase the scientific potential of teaching staff;
strengthening the school and traditions of “ustoz - shogird”, the formation of a talented future generation of scientific researchers;
training highly qualified specialists in priority directions of science and technology.
Article 22. Close integration of science and production
Close integration of science and production is ensured by:
creating an enabling environment for the development of innovative products, services and their application;
improving the legal system of interest from the introduction of innovation;
establishing, under business entities, the activities of scientific organizations in relevant directions, consistent and effective cooperation with foreign partners engaged in scientific activities;
receiving orders from manufacturing industries and business entities for innovative goods and services;
development of innovation infrastructure (technology parks, technology distribution centers (technology transfer), innovation clusters, venture capital funds, business incubators and others);
establishing activities of private scientific organizations;
supporting innovative entrepreneurship;
application of tax benefits.
Article 23. Training the staff with a scientific degree
Training the staff with a scientific degree is based on basic doctoral studies, doctoral studies and independent research.
Scientific activity within the framework of basic doctoral studies and doctoral studies is carried out with a separation from production.
Scientific activity in the framework of independent research is carried out without a separation from production.
Article 24. Scientific degree and scientific titles
The awarding of the academic degrees of Doctor of Philosophy (PhD), Doctor of Science (DSc), and the academic titles of professor, associate professor, and senior researcher in the relevant scientific fields shall be carried out in the manner prescribed by legislation.
The recognition of academic degrees and academic titles obtained in foreign states in the Republic of Uzbekistan shall be carried out in accordance with the legislation and international treaties of the Republic of Uzbekistan.
Article 25. Scientific Council for the award of scientific degrees
A dissertation prepared for obtaining a scientific degree is defended by the scientific council for the award of scientific degrees, created by the corresponding specialization at a scientific organization and educational institution.
More than half of the members of the scientific council for awarding scientific degrees should consist of scientists who carry out their activities in the scientific organization and educational institution that created this council.
The Scientific Council for the award of scientific degrees acts on a voluntary basis and is considered responsible for the compliance of the dissertation with the chosen specialty, the quality and objectivity of the examination, the validity of the decision.
Article 26. Scientific expertise
Scientific expertise is an activity aimed at studying, analyzing, evaluating and preparing an opinion with the aim of making an informed decision on a scientific project.
Scientific expertise is based on the principles of:
independence and legal protection of participants;
scientific, objective, completely and comprehensive study of a scientific project;
the validity of the results of the examination;
possessing by experts in-depth knowledge and a high degree of professionalism;
openness of the results of the expertise while observing state, service, and commercial secrets in accordance with legislation;
compliance with public, technical, environmental safety, national and international standards.
Participation in the process of conducting scientific expertize of individuals and legal entities personally interested in its results is not allowed.
An expert who participated in the process of scientific expertize and does not agree with the accepted conclusion has the right to append his justified opinion to this conclusion.
Foreign experts may be involved in conducting a scientific expertize.
Scientific projects carried out within the framework of the state program for scientific activity on the basis of a state order are required to undergo a state scientific expertize.
Scientific expertize is carried out by decision of a state organization authorized in this matter.
Article 27. Monitoring of scientific projects carried out on the basis of state order
Monitoring of scientific projects carried out on the basis of a state order includes an evaluation of the implementation of scientific projects in accordance with the approved schedule, the targeted expenditure of financial resources, the provision of reports on the specified dates and the effectiveness of the results.
Conclusions of the results of monitoring of scientific projects carried out on the basis of a state order are used to determine the prospects of scientific directions, make decisions on the continuation or suspension of financing of scientific projects.
Monitoring of the results of scientific projects carried out on the basis of a state order is carried out by the authorized state body.
Reports on scientific projects carried out on the basis of a state order are published on the official website of the authorized state body.
Article 28. Evaluation of scientific developments
Evaluation of scientific development is an activity aimed at determining the value of the results of scientific activity.
The evaluation of scientific developments shall be carried out by a legal entity that carries out evaluation activities in the manner prescribed.
Evaluated scientific developments can be used to:
making contributions to the authorized capital of organizations and determining the size of royalties;
drawing up license agreements;
determining the effectiveness of the funds spent and other purposes.
The results of the evaluation of scientific developments are made out and serve as the basis for further use.
Article 29. Information support of scientific activity
Subjects of scientific activity have the right to freely search, receive and disseminate scientific, statistical and other information, with the exception of information containing information related to state, official, commercial or other secret protected by law.
The procedure for familiarization with and use of scientific, statistical, and other information, including data placed in national and international information funds, systems, data banks, and databases, shall be determined in accordance with the legislation and international treaties of the Republic of Uzbekistan.
The authorized state body and other government bodies provide subordinate scientific organizations with scientific information, maintain databases of scientific reports and completed scientific works, and also promote the publication of scientific results in scientific information sources and their practical use.
Government bodies assist the activities of scientific organizations, information and library centers that collect, accumulate, process, store and use scientific information, promote the publication and distribution of scientific products, including scientific journals, books and other printed publications, to gain access to national and international scientific publications, information funds, systems, banks and databases.
Article 30. Close integration of science and scientific activity with the national information space
Close integration of science and scientific activity with the national information space is ensured by:
improving scientific and information infrastructure;
free use of any information resources, regardless of the form of ownership, in the manner prescribed by legislation;
determining measures to popularize the foundations, achievements of science and technology, as well as promoting relevant activities in the field of science and scientific activity;
creating specialized scientific publications, mass media, websites and supporting their activities;
determining the procedure for the free distribution of information on the basics and achievements of science and technology, on activities in the field of science and scientific activity in publications and the media, fully or partially funded from the State budget of the Republic of Uzbekistan or funds with state participation;
adoption of legal and economic measures for the use of relevant resources of the global information space in other ways.
Article 31. Commercialization of the results of scientific activity
Commercialization of the results of scientific activity is the process of introducing the results of scientific activity into the civil circulation in order to make a profit.
Commercialization of the results of scientific activity is carried out in the following ways:
the sale of goods (work performed, services rendered) created using the results of scientific activities or the use of these results for their own needs;
creation of commercial organizations, the founder or one of the founders of which is an organization (or a specialized affiliate organization) that has made an intellectual property object or a finished technology as a contribution to the authorized capital;
transfer of property rights to intellectual property to third parties and granting the right to use these objects by concluding license agreements based on royalty payments, including with the condition of their subsequent commercialization by the acquirer of these rights and in other ways.
Article 32. Unique scientific object
Scientific equipment, rare collections and other rare scientific objects that are of particular importance in the implementation of effective scientific activity, which are the only ones in the country used in scientific research, which allow conducting complex research in relevant fields, are considered to be unique scientific objects.
The head of the organization, which has a unique scientific object in its charge, is responsible for its maintenance in working condition, the provision of necessary services to it, its effective use, proper and targeted spending of allocated financial resources, as well as for the provision of scientific and financial reports on unique scientific objects to the authorized state body.
Article 33. Center for the collective use of scientific equipment
The center for the collective use of scientific equipment is a structure that has specialists with the appropriate qualifications, operates at a scientific organization or educational institution, equipped with high-performance scientific equipment that can be used by the majority.
Chapter 5. Financing of the sphere of science and scientific activity
Article 34. Directions of financing the field of science and scientific activity
Financing of the sphere of science and scientific activity is carried out in the following directions:
basic financing;
financing scientific projects;
financing research in the framework of internship-research, basic doctoral studies and doctoral studies;
financing the maintenance of unique scientific objects;
financing of centers for the collective use of scientific equipment.
Article 35. Basic financing
Basic financing shall be applied to state scientific organizations at the expense of the State Budget funds of the Republic of Uzbekistan in the manner prescribed by legislation. The list of such organizations shall be approved by the Cabinet of Ministers of the Republic of Uzbekistan upon the recommendation of the authorized state body.
Remuneration for the labor of scientific employees of state scientific organizations directly at the expense of the State Budget funds of the Republic of Uzbekistan shall be carried out in accordance with legislation.
Article 36. Financing scientific projects
Financing scientific projects are funded by:
Republican budget of the Republic of Uzbekistan;
local budget;
special and targeted funds;
business entities;
the employer;
international organizations and donors;
at the expense of other sources not prohibited by legislation.
The financing of scientific projects carried out within the framework of state programs on scientific activity and state targeted programs on scientific activity shall be carried out at the expense of the State Budget funds of the Republic of Uzbekistan, as well as other sources not prohibited by legislation.
The financing of projects carried out within the framework of territorial programs on scientific activity shall be carried out at the expense of local budget funds, as well as other sources not prohibited by legislation.
Article 37. Financing research in the framework of internship-research, basic doctoral studies and doctoral studies
The financing of scientific research within the framework of junior researcher training, basic doctoral studies and doctoral studies shall be carried out at the expense of the State Budget funds of the Republic of Uzbekistan and other sources not prohibited by legislation.
Article 38. Financing the maintenance of unique scientific objects
The financing of the maintenance of unique scientific facilities shall be carried out at the expense of the State Budget funds of the Republic of Uzbekistan and other sources not prohibited by legislation. This financing shall include expenses related to current maintenance, including keeping buildings and equipment in working condition, providing supplies, and remunerating the labor of administrative and auxiliary personnel.
Article 39. Financing of centers for the collective use of scientific equipment
The financing of centers for the collective use of scientific equipment shall be carried out at the expense of the State Budget funds of the Republic of Uzbekistan and other sources not prohibited by legislation.
Article 40. Science Support Funds
At the initiative of legal entities and individuals, funds to support scientific activities can be created.
The founding documents of the funds must clearly indicate the procedure for the formation, direction, distribution of funds, evaluation of projects and the results of scientific research (topics), reporting.
Funds are required to publish an annual report on their activities.
Chapter 6. Final provisions
Article 41. International cooperation in the field of science and scientific activity
International cooperation of the Republic of Uzbekistan in the field of science and scientific activity is carried out in order to find their place on the world stage by national scientific schools, use the advanced achievements of world science and technology to increase the competitiveness of the national economy, attract foreign investment, leading foreign scientific and technological centers, scientists and specialists, providing increased experience and qualifications of individuals engaged in scientific activities abroad.
The state provides comprehensive support for scientific activities in the framework of relevant international treaties of the Republic of Uzbekistan, as well as international scientific programs and projects.
Subjects of scientific activity have the right to be members of international and foreign scientific and technological structures, participate in international scientific programs and projects, in cases of absence of restrictions, enter into transactions with foreign legal entities and individuals both on the territory of the Republic of Uzbekistan and abroad.
Scientific organizations with the participation of foreign legal and physical persons on the territory of the Republic of Uzbekistan shall be established in the manner prescribed by legislation.
Article 42. Dispute resolution
Disputes in the field of science and scientific activity shall be resolved in the manner prescribed by legislation.
Article 43. Responsibility for violation of legislation on science and scientific activity
Persons guilty of violating the legislation on science and scientific activity shall be held liable in the manner prescribed.
Article 44. Ensuring the execution, communication, clarification of the essence and significance of this Law
The authorized state body and other interested organizations shall ensure the execution, communication to the performers and clarification among the population of the essence and significance of this Law.
Article 45. Harmonization of legislation with this Law
The Cabinet of Ministers of the Republic of Uzbekistan:
to bring government decisions in accordance with this Law;
to ensure the review and annulment by government bodies of their normative legal acts that contradict this Law.
Article 46. The entry into force of this Law
This Law shall enter into force on the day of its official publication.
The second part of Article 15 of this Law shall enter into force on January 1, 2020.
President of the Republic of Uzbekistan Sh. MIRZIYOYEV
Tashkent city,
October 29, 2019
No. LRU-576