Law of the Kyrgyz Republic of August 8, 2023, No. 170
KYRGYZ LAW
of August 8, 2023, No. 170
About Science
Article 1: Subject of legal regulation
The present Law shall regulate public relations in the field of science and scientific-technical activity, shall determine the basic legal, organizational, economic bases of implementation of scientific and scientific-technical activity, bases of functioning of the system of scientific-technical information.
Article 2: Basic concepts used in this Law
The following basic concepts shall be used in this Law:
1) postgraduate study - a form of training of scientific-pedagogical and scientific personnel with competencies in planning and independent research work, as well as deep theoretical knowledge, allowing to prepare an individual scientific and qualification work (dissertation) for the degree of candidate of sciences;
2) certification of scientific and scientific-technical organizations - a procedure for assessing the activities of scientific and scientific-technical organizations as a whole in order to recognize their compliance with certain requirements established by an authorized state body;
3) scientific database - a set of data that is sufficient for a specified purpose, presented on an electronic medium in a form that allows automated processing of the information contained therein;
4) databank - an automated information retrieval system consisting of one or more databases of scientific and technical data and systems for storing, processing and searching information in them;
5) grant - gratuitous subsidy to legal entities and individuals in cash or in kind for conducting scientific research, scientific and technical programs, projects and experimental and design works with subsequent report on their use;
6) State policy in the field of science and scientific and technical activity - a component part of the socio-economic policy of the state, which expresses the attitude of the state to scientific and scientific-technical activity, defines the goals, directions, principles, forms and methods of state activity in the field of science, scientific-technical activity and scientific-technical information;
7) state order - order for delivery of goods, performance of works, rendering of services at the expense of the state budget of the Kyrgyz Republic;
8) doctoral studies - a form of training of scientific-pedagogical and scientific personnel with competences of organization of research work on a new direction of scientific research or conceptual development of existing actual directions of scientific research, analytical generalization of the results of scientific activity, allowing to prepare an individual scientific qualification work (dissertation) for the degree of doctor of sciences;
9) doctor of sciences - the level of qualification assigned to persons with a PhD degree after successful defense of a dissertation in a doctoral program and/or institute of doctoral studies;
10) Ph.PhD)/professional doctor - qualification level of postgraduate professional education (basic doctoral studies), which gives persons who have completed the relevant training program and research work with the defense of a dissertation the right to carry out scientific and other professional activities;
11) innovation - an innovative product introduced into civil (economic) turnover;
12) research and innovation activities - activity on transformation of an innovation into an innovation, aimed at creation and introduction into civil (economic) turnover of an innovative product obtained as a result of scientific research and development;
13) innovative product - a new or improved product, technology, service, as well as a new, organizational and technical solution of production, administrative, commercial or other nature, which:
(a) Are created using the results of intellectual activity capable of legal protection;
b) have higher technical, economic or other indicators in comparison with analogs presented in a certain market segment;
c) are competitive;
14) PhD - the level of qualification assigned to persons who have studied at a postgraduate and/or co-research institute after successful defense of a dissertation;
15) scientist - a person with higher education or relevant training in the form of master's degree, postgraduate studies, PhD doctoral studies, doctoral studies, who is professionally engaged in scientific, scientific-pedagogical and scientific-technical activities;
16) scientific and scientific-technical organizations - legal entities that conduct scientific research, experimental design and development, design and survey and other scientific and technical work;
17) scientific and scientific-technical activities - activity aimed at obtaining and applying new knowledge to solve technological, engineering, economic, social, humanitarian and other problems, ensuring the functioning of science, technology and production as a unified system;
18) scientific infrastructure - scientific laboratory and engineering equipment, pilot production, unique facilities, as well as other movable and immovable property on the balance sheet of a scientific and scientific-technical organization;
19) research and information activities - a set of actions related to the creation, collection, systematization, analytical processing, fixation, storage, dissemination and provision to the user (consumer) of scientific and scientific-technical information;
20) research work - work related to scientific search, research, experiments for the purpose of obtaining scientific and scientific-technical results;
21) scientific and technical information - information obtained in the process of research, development, design, design and technological, organizational and managerial, production and economic, scientific and innovation activities, containing information on the achievements of science, technology and new technologies;
22) scientific research - fundamental, applied scientific research carried out by subjects of scientific and scientific-technical activity within the framework of research, experimental design and technological works by appropriate scientific methods and means in order to achieve the results of scientific and scientific-technical activity;
23) scientific and scientific-technical result - a product of scientific and scientific-technical activity containing new knowledge or solutions;
24) scientific, scientific and technical project and program - a document that includes the content of the proposed scientific and scientific-technical work, presenting scientific, scientific-technical, developmental research with justification of goals and objectives, relevance, novelty, scientific and practical significance and feasibility of the planned work;
25) authorized state body in the field of science (hereinafter - the authorized state body) - the state body, which performs the function on elaboration and realization of the unified state policy in the field of science and scientific-technical activity;
26) degree - the level of qualification of postgraduate education, reflecting the achieved scientific level in a certain branch of knowledge, awarded to a person who has defended a dissertation for a degree;
27) academic title - a stage of the qualification system in higher education and research organizations, which allows ranking scientific and scientific-pedagogical workers at certain stages of academic career;
28) development work - a set of works performed during the creation or modernization of products, development of design and technological documentation for prototypes, manufacturing and testing of prototypes and utility models;
29) sectoral authorized state body (hereinafter - sectoral state body) - sectoral ministries, administrative departments and other executive authorities of the Kyrgyz Republic, which determine the topics of scientific, scientific-technical projects and programs of fundamental and applied scientific research for the formation of the state order, carry out innovative implementation activities, commercialization of scientific and scientific-technical results;
30) applied scientific research - research aimed at applying new knowledge to achieve practical goals and solve specific problems;
31) scientific and technical information system - an ordered totality of scientific and technical information resources and organizational and technological means implementing the processes of creation, collection, systematization, search and provision of scientific and technical information to meet the needs of the state, legal entities and individuals;
32) technopark - an organization established for the purpose of effectively supporting activities for the commercial exploitation of scientific knowledge, inventions, know-how and high technologies and their release on the market;
33) technopolis - is a city, a scientific and technological complex in which science, knowledge, production processes are combined with life, consisting of research laboratories, venture, implementation, large industrial, intermediary and other companies engaged in the development, implementation and production of modern products;
34) basic scientific research - experimental or theoretical activity aimed at obtaining new knowledge about the basic regularities of the structure, functioning and development of man, society and the environment.
Article 3. Legislation of the Kyrgyz Republic in the field of science and scientific-technical activity
Relations in the field of science and scientific-technical activity shall be regulated by constitution of the Kyrgyz Republic, this Law and other normative legal acts of the Kyrgyz Republic, international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with the procedure established by law, as well as generally recognized principles and norms of international law, which are an integral part of the legal system of the Kyrgyz Republic.
Article 4. Powers of the Jogorku Kenesh of the Kyrgyz Republic in the field of science
The Jogorku Kenesh of the Kyrgyz Republic, upon submission of the Cabinet of Ministers of the Kyrgyz Republic, approves the report on the execution of budget financing of scientific research and the share of expenditures for the development of science and technology from the total volume of national income for the next period.
Article 5: Main objectives and directions of the state policy in the field of science and scientific-technical activity
The purpose of the state policy in the field of science and scientific-technical activity are:
1) increasing the contribution of science, scientific and technological, scientific-innovation and scientific-information activities to the development of the state economy and the solution of social, educational, cultural and other problems;
2) creation of necessary conditions for the development and functioning of scientific and scientific-technical organizations, as well as their optimization;
3) effective utilization and development of scientific and scientific-technical potential of the country for its sustainable development;
4) ensuring stability and improvement of social guarantees for scientific and scientific-technical workers and training of scientific and scientific-pedagogical personnel;
5) improvement and development of scientific and technical information system;
6) creation of necessary conditions for public accessibility of scientific and technical information resources, increase of efficiency of their utilization;
7) enhancement of the role of science and activization of scientific-technical and scientific-innovative activity, development of freedom of scientific creativity.
Article 6: Principles of state policy in the field of science and scientific-technical activity
The state policy in the sphere of science and scientific-technical activity shall be based on the principles:
1) close interrelation of scientific and technological progress with economic, social and spiritual development of society;
2) openness and transparency of management of science, science and technology and scientific-information activities;
3) ensuring environmental safety;
4) prioritization of research and development activities;
5) ensuring equal conditions for the protection of intellectual property rights;
6) motivation and stimulation of scientific, scientific-technical and scientific-innovative activity, technical creativity through a system of economic and other benefits;
7) equality of all forms of organization of scientific, scientific-technical, scientific-innovative and scientific-information activity;
8) unity and optimal integration of scientific, educational and production potential;
9) wide and active participation of subjects of scientific and scientific-technical activity in the formation and realization of state policy in the sphere of science, scientific-technical and scientific-innovative activity;
10) maximizing the use of opportunities and achievements of world science and international scientific and technical cooperation to ensure sustainable development of the country;
11) freedom to disseminate scientific and technical information and propaganda of scientific and technical achievements and innovations.
Chapter 2: Organization of scientific and scientific-technical activities
Article 7: Subjects of scientific and scientific-technical activity
1. Subjects of scientific and scientific-technical activity shall be scientific and scientific-technical organizations, scientific, scientific-technical workers and the state collegial scientific-expert body implementing the function of state regulation in the field of attestation of scientific and scientific-pedagogical personnel of higher qualification.
2. Scientific and scientific-technical organizations include the National Academy of Sciences of the Kyrgyz Republic (hereinafter - NAS), sectoral and inter-sectoral research organizations, research institutes of organizations of higher professional education, scientific centers and technoparks, technopolises, scientific production associations, research and innovation centers, experimental stations, scientific bases, stations and laboratories.
3. The NAS is the highest state scientific institution uniting NAS research institutes, NAS members, researchers, specialists, service personnel and other NAS employees.
The National Academy of Sciences of the Kyrgyz Republic coordinates directions in the field of basic and applied sciences.
The procedure for organizing the activities of NAS is determined by by law of the Kyrgyz Republic "On the National Academy of Sciences of the Kyrgyz Republic".
4. The National Attestation Commission under the President of the Kyrgyz Republic is a state collegial scientific-expert body that realizes the function of state regulation in the field of attestation of scientific and scientific-pedagogical personnel of higher qualification.
The procedure for organizing the activities of the National Attestation Commission under the President of the Kyrgyz Republic shall be determined in accordance with the procedure established by the President of the Kyrgyz Republic.
Article 8: Rights and duties of researchers
1. Scientific researchers shall have the right:
1) to participate in competitions of scientific, scientific-technical and scientific-innovative programs and projects financed from the republican budget and other sources not prohibited by the legislation of the Kyrgyz Republic;
2) to recognize their authorship of scientific and scientific-technical results obtained by them in accordance with the legislation of the Kyrgyz Republic on copyright and commercialization of the results of scientific, scientific-technical and innovation activities;
3) to freely express their scientific views and protection against infringements on their freedom of creativity, protection of intellectual property, independent examination of the results of scientific research and their realization;
4) for professional development by means of internship in leading research organizations, including abroad, study in postgraduate studies, doctoral studies and other forms of qualification system of science and education, participation in scientific forums at the expense of scientific/educational organization/donors at least once in 3 years;
5) to exchange scientific information and joint research with foreign colleagues, to work in scientific organizations abroad and to publish in the international scientific press in accordance with the established procedure;
6) to join or be elected to scientific communities, including foreign ones;
7) to independently determine the topics and methods of research, taking into account the priority directions of science;
8) to free and independent association in collectives, establishment of legal entity and scientific associations, public and other organizations.
2. Scientific researchers are obliged to:
1) to observe the rights and legitimate interests of other subjects of scientific activity;
2) to carry out scientific activities without violating human rights and freedoms, without causing harm to the life and health of others, as well as to the environment;
3) objectively conduct expert examination of scientific programs, projects, qualifying scientific works (dissertations) and other results of scientific activity.
(3) Researchers shall be liable under this Law:
1) for the focus, methods and reliability of the conducted scientific research and its results;
2) for misuse of financial resources;
3) for violation of the norms of professional ethics and moral values;
4) for biased assessment of the implementation of expert examination of scientific and scientific-technical programs and projects, scientific and scientific-technical results submitted to it.
Article 9: Legal status of scientific and scientific-technical organizations
1. Scientific and scientific-technical organizations shall be legal entities, which shall carry out scientific, scientific-technical and scientific-innovative activities, corresponding to the goals and objectives stipulated by the charter of this organization, not contradicting the legislation of the Kyrgyz Republic.
2. The charter of scientific and scientific-technical organizations and research institutes of educational organizations of higher professional education shall be approved by its founder and registered in accordance with the procedure established by the legislation of the Kyrgyz Republic.
(3) Scientific and scientific-technical organizations shall have the right:
1) determine the main directions of its scientific and scientific-technical activity;
2) participate in competitions of scientific and scientific-technical programs and projects financed from the republican budget and other sources not prohibited by the legislation of the Kyrgyz Republic;
3) develop direct links with other scientific and other organizations;
4) to join associations and establish branches in accordance with the established procedure;
5) publish scientific works, periodical and serial editions, form scientific and technical data bases, hold conferences and other scientific events;
6) to improve the qualification of scientific and scientific-technical workers, to train specialists through postgraduate studies, doctoral studies, PhD doctoral studies on the profile;
7) to participate in the established order in the creation of councils for the defense of dissertation works for a degree and the awarding of academic titles;
8) to participate in interstate and international research programs and projects in accordance with the legislation of the Kyrgyz Republic and international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with the procedure established by law;
9) to establish economic societies, pilot productions, technoparks, technopolises in accordance with the procedure established by the legislation of the Kyrgyz Republic and receive revenues from the realization of the results of scientific, scientific-technical and scientific-innovative activities;
10) to create a scientific and technical council to ensure collegiality of decisions taken in the sphere of implementation of scientific and scientific-technical activity, management of scientific and scientific-technical organization's activity.
4. To ensure the quality of carried out activity and compliance with modern requirements, scientific and scientific-technical organizations shall be subject to state attestation.
The procedure for conducting state attestation of a scientific-technical organization shall be determined by the authorized state body.
5. The state shall provide state scientific and scientific-technical organizations with gratuitous use of fixed, circulating funds and state property, used for activities, stipulated by their constituent documents.
Fixed and current assets and other state property transferred to the operational management of scientific organizations shall be used for their intended purpose.
State scientific and scientific-technical organizations shall use the state property transferred to them to carry out activities established by the charter of the organization, including development, production, innovation and commercial, with the use of profits for the development of material and technical base, maintenance of infrastructure and social support of employees of the organization.
6. State scientific and scientific-technical organizations may be granted land plots for free use for the organization of scientific, testing grounds (geo-ecological, physical, chemical) in accordance with the land legislation of the Kyrgyz Republic.
7. The management of the state scientific and scientific-technical organization shall bear responsibility for safety and targeted use of the transferred state property in accordance with the legislation of the Kyrgyz Republic.
8. State scientific and scientific-technical organizations shall have the right to establish sectoral territorial departments, research organizations, educational and scientific, engineering and innovation centers, technoparks, scientific and training complexes in accordance with the legislation of the Kyrgyz Republic.
9. The procedure for appointment and dismissal of heads of state scientific and scientific-technical organizations shall be determined by the Cabinet of Ministers of the Kyrgyz Republic.
10. The procedure for appointment and dismissal of heads of research institutes of educational organizations of higher professional education shall be determined by the authorized state body.
11. The procedure for appointment and dismissal of heads of non-state scientific and scientific-technical organizations shall be determined by their constituent documents.
Article 10. Procedure for establishment, reorganization and liquidation of scientific and scientific-technical organizations
1. Establishment, reorganization and liquidation of state scientific and scientific-technical organizations shall be carried out by the decision of the Cabinet of Ministers of the Kyrgyz Republic.
2. Creation, reorganization and liquidation of non-state scientific and scientific-technical organizations shall be carried out by the decision of their founder(s).
(3) Scientific and scientific-technical organizations, regardless of their form of ownership, shall be subject to state registration in accordance with the civil legislation of the Kyrgyz Republic.
Article 11: Scientific and scientific-technical activity of educational organizations of higher professional education
1. Educational organizations of higher professional education, along with educational activities, carry out scientific, scientific-technical and scientific-innovative activities, conduct research and experimental-constructive works, including the implementation of rights to intellectual property objects.
2 Educational organizations of higher professional education, as well as their scientific and scientific-technical workers have the right to participate in competitions of scientific, scientific-technical and scientific-innovative programs and projects financed from the national budget and other sources not prohibited by the legislation of the Kyrgyz Republic.
3. Scientific, scientific-technical and scientific-innovative activity of educational organizations of higher professional education shall be managed by the scientific-technical council of the educational organization, consisting of the chairman, scientific secretary and members who are leading scientists in the fields of science. The procedure of formation and activity of the scientific-technical council shall be determined by the authorized state body.
4. The Scientific and Technical Council is authorized to allocate scientific grants, increase the level of scientific research and determine the priority directions of scientific research within the educational organization of higher professional education and implement their results in the production and social spheres.
5. Scientific grants are allocated for scientific and scientific-technical research and are financed from special funds of the educational organization of higher professional education in accordance with the estimate approved by the management of the educational organization of higher professional education and agreed with the Board of Trustees of the educational organization.
Educational organizations of higher professional education shall have the right to establish scientific laboratories, research institutes, scientific-educational centers, pilot production, design and development organizations, technoparks, technopolises, as well as scientific-educational consortiums, economic societies in the manner prescribed by the legislation of the Kyrgyz Republic and receive income from the implementation of the results of scientific, scientific-technical and scientific-innovative activities.
6. State educational organizations of higher professional education may use premises and land plots for joint work with business structures and enterprises for scientific and innovative development.
7. Educational organizations of higher professional education shall be obliged to allocate at least one percent of special funds for the development of science within the educational organization.
Article 12. Training, retraining, internship, advanced training and attestation of scientific workers
1. Scientific and scientific-technical organizations, educational organizations of higher professional education, having qualified scientific personnel and necessary material and technical base, shall have the right to carry out training, retraining, internship and advanced training of scientific workers and scientific-pedagogical personnel in accordance with the established procedure.
2. State scientific and scientific-technical organizations, educational organizations of higher professional education may carry out training, retraining, internship and advanced training of scientific, scientific-technical workers and scientific-pedagogical personnel at the expense of the republican budget in the manner determined by the Cabinet of Ministers of the Kyrgyz Republic.
3. Scientific and scientific-technical organizations, educational organizations of higher professional education shall have the right to participate in the established order in the creation of councils for the defense of dissertations for academic degrees.
4. Scientific workers shall be attested at least once in 5 years. The procedure for certification of scientific workers shall be determined by the scientific and scientific-technical organization independently.
5. The Kyrgyz Republic establishes the academic degrees of Doctor of Science, Candidate of Science, Doctor of Philosophy (PhD)/Doctor by profile, academic titles of Professor, Associate Professor and Senior Researcher.
6. The National Attestation Commission under the President of the Kyrgyz Republic shall carry out attestation of scientific and scientific-pedagogical personnel of higher qualification, award academic degrees and confer academic titles in accordance with the established procedure.
7. The procedure for organizing postgraduate professional education and awarding the degree of Doctor of Philosophy (PhD)/Doctor by profile shall be determined by the Cabinet of Ministers of the Kyrgyz Republic.
Article 13. Social protection of scientific workers
(1) Remuneration of scientific workers of state scientific, scientific and technical organizations and state educational organizations of higher professional education, which fulfill the state order, shall be made in accordance with the procedure established by the Cabinet of Ministers of the Kyrgyz Republic.
2. Doctors of Sciences, Candidates of Sciences and PhDs shall be granted a salary supplement for their academic degree in accordance with the procedure determined by the Cabinet of Ministers of the Kyrgyz Republic.
3. Doctors of Science are granted a paid labor leave of 48 working days, candidates of science, PhD - 36 working days.
4. Scientific workers of state scientific, scientific-technical organizations and organizations of higher professional education shall be granted benefits in accordance with the labor legislation of the Kyrgyz Republic.
5. In order to encourage scientific and scientific-technical workers of scientific, scientific-technical organizations and organizations of higher professional education, who have contributed to the development of science, scientific, scientific-technical and innovation activities, technology, their introduction into production, distinguished themselves in the training of scientific, scientific-technical and scientific-pedagogical personnel, may be nominated for a state award in the field of science and scientific-technical activities, presented to state awards of the Kyrgyz Republic and other departmental awards of the Kyrgyz Republic.
Chapter 3: Legal Framework for Scientific and Technical Information
Article 14. Scientific and Technical Information System
1. Through the system of scientific and technical information, measures shall be taken to disseminate and improve the quality level of information products, provide necessary support for the receipt of information, literature, periodicals in the state information centers, scientific libraries, promote openness, public accessibility and preservation of scientific and technical information.
2. The procedure for restricting access to obtaining and disseminating information that is a state, official or commercial secret shall be determined by the information legislation of the Kyrgyz Republic.
Article 15. National system of scientific and technical information
1. The National System of Scientific and Technical Information of the Kyrgyz Republic includes the following resources:
1) a set of collections of scientific and technical books, journals and brochures, periodical and continuing editions, patent and normative-technical documentation;
2) reports on scientific research and technical developments, dissertations, translations and duplicates of foreign scientific and technical literature and documents;
3) databases and data banks, including necessary reference and search apparatus and appropriate technical means of storage, processing and transmission of information, available in the ownership, disposal, use of state bodies and services of scientific and technical information, scientific and international organizations, libraries, commercial centers, enterprises, institutions and organizations regardless of ownership, whose activities are related to scientific and technical information.
2. The national system of scientific-technical information, created at the expense of the state, containing state resources of scientific-technical information, shall be public property and shall not be subject to privatization.
3. Resources of the national system of scientific and technical information shall be subject to accounting and registration in the order established by the legislation of the Kyrgyz Republic.
4. The procedure for formation, exchange, provision and use of state resources of scientific and technical information shall be regulated by the authorized state body.
Article 16. Legal relations in the sphere of scientific and technical information
1. Scientific and technical information may be an object of the right of ownership, possession, use and disposal. Depending on the participation in the creation of scientific and technical information, it may be the property of the state, any individuals and legal entities on the right of private ownership.
2. Resources of scientific and technical information of the state, enterprises, organizations and citizens carrying out activities in the field of scientific and technical information may be objects of commodity relations regulated by the legislation of the Kyrgyz Republic.
3 The main document regulating the relations between the owner of scientific and technical information and the consumer shall be the contract concluded between them in accordance with the civil legislation of the Kyrgyz Republic.
4. In the course of sale and purchase, protection of scientific and technical information, intellectual property, copyright, state and commercial secrets, legal rights and interests of owners of scientific and technical information and organizations providing information products and services shall be ensured in accordance with the civil legislation of the Kyrgyz Republic.
5. Foreign legal entities and individuals, as well as stateless persons may participate in scientific and information activities on the basis of the current legislation of the Kyrgyz Republic regulating foreign investments and entrepreneurial activities in the territory of the Kyrgyz Republic.
Article 17. Utilization of scientific and technical information system
1. Consumers of scientific and technical information shall have equal rights to use information resources. The exception is information with limited access in accordance with the legislation of the Kyrgyz Republic.
2. Scientific and technical information resources shall be provided both on a free of charge and on a contractual (paid) basis.
(3) Organizations of the state system of scientific and technical information shall search for and transfer scientific and technical information to consumers on a free of charge basis.
(4) Reviews, analytical and factual references, other types of information products, which are prepared by organizations of the state system of scientific and technical information on the basis of analysis, evaluation and generalization of scientific and technical information, shall be implemented on a commercial basis, their provision to the higher bodies of state power and administration shall be free of charge.
5. Reproduction of printed works in the field of science and technology for educational purposes shall be carried out without profit.
6. Enterprises and organizations of all forms of ownership, having resources of scientific and technical information, formed at their own expense, shall provide information products and services on a contractual basis.
7. Acquisition of foreign scientific and technical literature and documentation, databases and data banks, necessary for the formation of national resources of scientific and technical information, shall be made by mutual exchange or at the expense of enterprises and organizations carrying out information activities.
8. Funds for creation of resources of foreign scientific and technical information of enterprises and organizations financed from the state budget shall be provided for in the republican budget of the Kyrgyz Republic for target purpose.
Chapter 4. Competence of state bodies in the sphere of scientific and scientific-technical activity
Article 18. Competence of the Cabinet of Ministers of the Kyrgyz Republic
Cabinet of Ministers of the Kyrgyz Republic:
1) approves normative legal acts in the sphere of science, scientific-technical, scientific-innovation and scientific-information activity;
2) Establish and abolish state scientific and scientific-technical organizations, including joint ones with other states and foreign organizations, in accordance with the legislation of the Kyrgyz Republic and international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with the procedure established by law;
3) shall take measures to attract investments in the development of science and scientific and technical information system;
4) create organizational, economic and legal mechanisms stimulating the activity of scientific and scientific-technical organizations;
5) conclude intergovernmental agreements, treaties on cooperation in the scientific and scientific-technical sphere, coordinate the activities of scientific and scientific-technical organizations in the field of international scientific-technical cooperation;
6) provides socio-economic, organizational, legal conditions for the formation and effective use of scientific and scientific-technical potential;
7) finances scientific research, scientific and technical programs and projects, as well as controls the targeted use of allocated funds;
8) ensures concentration of resources in priority areas of fundamental and applied scientific research;
9) create the market of scientific and technical products and promote the introduction of achievements of science, scientific and technical and scientific-innovation activities in the production and social spheres;
10) ensures the formation of specialized research and training and production organizations on the basis of educational organizations of higher professional education, scientific and scientific-technical organizations;
11) determines the procedure for appointment and dismissal of heads of state scientific and scientific-technical organizations;
12) shall determine the procedure for training of scientific and scientific-pedagogical personnel;
13) determines the procedure for organizing postgraduate professional education and awarding the degree of Doctor of Philosophy (PhD)/Doctor by profile;
14) form national scientific, scientific-technical and scientific-innovation programs;
15) shall determine the rules for conducting and the procedure for organization of independent scientific and scientific-technical expertise and their structure;
16) determines the procedure for implementation of basic, program-targeted and grant financing of scientific and scientific-technical activity.
Article 19. Competence of the authorized state body
The competence of the authorized state agency includes:
1) formation and implementation of state policy in the field of science, scientific and technical, scientific and information and scientific and innovation activities, implementation of inter-sectoral coordination in the field of science, scientific and technical, scientific and information and scientific and innovation activities;
2) formation of the list of state scientific, scientific-technical programs and projects of fundamental and applied scientific research within the framework of the state order;
3) holding a contest of scientific, scientific-technical programs and projects of fundamental and applied scientific research financed from the republican budget;
4) development and submission for approval to the Cabinet of Ministers of the Kyrgyz Republic of normative legal acts in the field of science, scientific and technical, scientific-information and scientific-innovation activities;
5) coordination of activities of scientific and technical councils of sectoral state bodies;
6) monitoring and evaluation of the effectiveness of scientific, scientific-technical programs and projects of fundamental and applied scientific research, implemented within the framework of the state order;
7) coordination of training of scientific and scientific-pedagogical personnel;
8) monitoring and evaluation of the effectiveness of scientific and scientific-technical organizations;
9) compilation of a database of scientific and scientific-technical organizations;
10) compilation of the data bank on scientific, scientific and technical programs and projects of fundamental and applied scientific research;
11) organization of state accounting of scientific, scientific-technical programs and projects of fundamental and applied scientific research financed from the republican budget and reports on their implementation;
12) establishment of the Scientific and Technical Council under the authorized state body;
13) promotion of internship, part-time work of scientific workers, teachers, specialists on teaching and research work, other forms of integration of science and education;
14) determination and approval of the list of scientific and scientific-technical organizations according to the form of basic financing;
15) organization of statistical and information support in the field of science and innovations;
16) determination of the procedure for conducting state attestation/accreditation of a scientific-technical organization;
17) determination of the procedure for appointment and dismissal of heads of research institutes of educational organizations of higher professional education;
18) determination of the procedure and mechanisms for the formation of the state order and holding a competition for the implementation of state scientific, scientific-technical and scientific-innovation programs and projects;
19) determination of the procedure of record keeping and acceptance of reports on the implementation of state scientific, scientific-technical and scientific-innovation programs and projects;
20) determination of priority directions of development of science, scientific-technical and scientific-innovation activities on the basis of a comprehensive forecast of socio-economic and scientific-technical development of the Kyrgyz Republic using the results of analysis of the current situation and conclusions of independent experts and public discussion and submission for approval to the Council on Science, Innovation and New Technologies under the Chairman of the Cabinet of Ministers of the Kyrgyz Republic.
Article 20. Council on Science, Innovations and New Technologies under the Chairman of the Cabinet of Ministers of the Kyrgyz Republic
1. The Council on Science, Innovations and New Technologies under the Chairman of the Cabinet of Ministers of the Kyrgyz Republic (hereinafter - the Council) is an advisory body formed by the Cabinet of Ministers of the Kyrgyz Republic on the proposal of the authorized state body.
The Council shall ensure interaction of public authorities, local self-government bodies, public associations, scientific and scientific-technical organizations when considering issues related to the development of science, scientific-technical and innovation work, as well as provide proposals to the Cabinet of Ministers of the Kyrgyz Republic on topical issues of state policy in the field of scientific-innovative development.
2. The procedure for formation, composition and plan of activities of the Council shall be approved by the Cabinet of Ministers of the Kyrgyz Republic, taking into account the representation of no more than 70 percent of persons of the same sex.
3. The Council shall submit to the Cabinet of Ministers of the Kyrgyz Republic proposals on priority directions of development of science, scientific-technical and innovation work.
Chapter 5. Formation and realization of priority directions of science and scientific-technical activity
Article 21. National, state and interstate scientific and scientific-technical programs and projects
1. National scientific, scientific-technical programs and projects shall be formed by the Cabinet of Ministers of the Kyrgyz Republic based on the long-term interests of the Kyrgyz Republic development and shall be aimed at solving the most important socio-economic problems.
2. State scientific, scientific-technical programs and projects shall be formed by the authorized state body on a competitive basis according to the state order.
3. The Kyrgyz Republic shall participate in the development and implementation of interstate scientific, scientific-technical programs and projects on the basis of international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with the procedure established by law.
Article 22. State order in the sphere of scientific and scientific-technical activity
(1) Sectoral state bodies shall submit the topics of state scientific and scientific-technical programs and projects of fundamental and applied scientific research to the authorized state body.
2. The authorized state body shall hold a competition on the submitted topics of state scientific and scientific-technical, innovative programs and projects for the formation of the state order in the relevant sector.
3. The state order is provided with state funding and supported by the necessary logistical resources.
4. The procedure and mechanisms of formation of the state order and conducting of competition for the implementation of state scientific and scientific-technical programs and projects shall be determined by the authorized state body.
5. The authorized state body shall keep records of implemented scientific and scientific-technical programs and projects financed from the republican budget and shall accept reports on scientific, scientific-technical and scientific-innovation activities in order to strengthen the national resource of scientific and technical information, scientific and scientific-technical potential of the Kyrgyz Republic.
6. The procedure of record keeping and acceptance of reports on implementation of state scientific and scientific-technical programs and projects shall be adopted by the authorized state body.
7. Reports on implementation of state scientific and scientific-technical programs and projects financed from the republican budget shall be subject to placement on official websites of the authorized state body and sectoral state bodies responsible for their implementation.
Article 23: Independent scientific and scientific-technical expertise
1. Independent scientific and scientific-technical expertise shall be conducted in order to ensure scientific validity of the structure and content of priority directions of development of science, scientific-technical and scientific-innovation activity, relevant scientific and scientific-technical programs and projects, determination of socio-economic and other consequences of the implementation of scientific, scientific-technical and scientific-innovation activity, analysis of the effectiveness of the use of scientific-technical potential, determination of the level of research and their results
2. Independent scientific and scientific-technical expertise shall be conducted with the participation of representatives of state and public organizations, as well as specialists, including foreign ones.
3. Involvement of scientific and scientific-technical workers, specialists, as well as representatives of scientific and scientific-technical organizations in the expert examination shall be carried out on the basis of a contract (agreement).
4. Funds for expert examination shall be provided in the volume of total costs for financing of scientific, scientific-technical and scientific-innovative activity.
5. The rules for conducting and the procedure for organizing independent scientific and scientific-technical expertise and their structure shall be determined by the Cabinet of Ministers of the Kyrgyz Republic.
Article 24. International cooperation in the sphere of scientific, scientific-technical and innovation activity
1. International cooperation in the sphere of scientific, scientific-technical and scientific-innovation activity shall be carried out by:
1) conducting joint scientific research, technical and technological developments, joint scientific and technical and scientific-innovation programs and projects;
2) joint research and development with participation of foreign specialists, international organizations, use of intellectual property objects in scientific and technical products on the basis of agreements between subjects of scientific and technical activity;
3) mutual exchange of scientific and technical information, use of united interstate information funds, data banks;
4) holding international conferences, congresses, symposiums;
5) mutual exchange of scientific, scientific-technical and teaching staff, students, postgraduate and doctoral students, joint training of specialists.
2. Subjects of scientific, scientific-technical activity may participate in the implementation of international programs and projects, conclude agreements with foreign organizations, participate in the activities of foreign and international scientific societies, associations and unions on the rights of their members, conclude agreements (contracts) and other agreements with foreign organizations, participate in international symposiums and other events in accordance with the legislation of the Kyrgyz Republic.
3. The results of international scientific, scientific-technical and innovation activities obtained in the territory of the Kyrgyz Republic shall be used in accordance with the international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with the procedure established by law.
4. The activities of foreign scientific organizations and scientists in the Kyrgyz Republic shall be regulated by international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with the procedure established by law.
Chapter 6. Financing and material and technical support of science and scientific and technical activity
Article 25: Material and technical support of scientific and scientific-technical organizations
Material and technical support of scientific and scientific-technical organizations shall be carried out through financing of scientific and scientific-technical organizations, scientific-technical programs and projects, including on a contractual basis.
Article 26. Sources of financing
Sources of financing of scientific and scientific-technical activity are:
1) the republican budget of the Kyrgyz Republic, amounting to at least one percent of its annual expenditures;
(2) The Science Foundation of the authorized state agency;
3) extra-budgetary funds;
4) voluntary funds of individuals and legal entities;
5) Loans and grants;
6) funds of scientific and scientific-technical organizations from research, publishing, consulting and other income-generating activities not prohibited by the legislation of the Kyrgyz Republic;
7) foreign and domestic investment.
Article 27. State financing of scientific and scientific-technical activity
1. State financing of scientific and scientific-technical programs and projects shall be carried out from the republican budget in the following forms:
1) base funding;
2) program-targeted;
3) Grant Funding.
(2) Basic funding shall be allocated to scientific and scientific-technical organizations according to the norms for the current provision of scientific infrastructure and property, including buildings, equipment and materials, remuneration of staff.
3. Program-targeted financing shall be carried out for the implementation of national and state scientific and scientific-technical programs and projects according to the results of competitive selection.
4. Grant financing shall be carried out in accordance with the priorities of scientific directions determined by the Council for support of scientific and innovative projects based on the results of competitive selection.
5. The procedure for implementation of basic, program-targeted and grant financing of scientific and scientific-technical activity shall be determined by the Cabinet of Ministers of the Kyrgyz Republic.
6. Financing of scientific and scientific-technical programs, implemented on the basis of interstate and interindustry scientific-technical treaties and agreements, shall be carried out in the order of share participation on a contractual basis between the interested parties.
Article 28. Science Fund of the authorized state body
1. To promote the development of science, scientific-technical and scientific-innovative activity, introduction of promising developments into production, the Science Fund of the authorized state body shall be established.
2. The funds of the Science Fund of the authorized state agency shall be derived from:
1) the republican budget;
2) extra-budgetary funds;
3) voluntary funds of individuals and legal entities;
4) foreign and domestic investment;
5) other revenues not prohibited by the legislation of the Kyrgyz Republic.
3. The Science Fund of the authorized state agency shall be used for:
1) financing of fundamental and applied scientific research, scientific and technical programs and projects, targeted scientific research in priority areas of science and scientific and technical activity;
2) financing of grants under the state order for scientific research of scientific and scientific-technical workers, scientific teams and organizations on a competitive basis;
3) support for the development of inter-sectoral research and development activities;
4) implementation of programs for training of scientific personnel in promising and new directions of science and scientific-technical activity, including training of personnel abroad;
5) publication, acquisition and provision of scientific and scientific-technical information (journals, electronic materials and others);
6) holding and participation in scientific forums (congresses, conferences, symposiums and others);
7) creation of scientific infrastructure.
4. Scientific and scientific-technical organizations, educational organizations of higher professional education regardless of the form of ownership, scientific and scientific-technical workers, their teams shall be provided equal access to participation in the competition for a grant at the expense of the Science Fund of the authorized state body.
5. Regulations on the Science Fund of the authorized state body shall be approved by the Cabinet of Ministers of the Kyrgyz Republic.
Article 29. State support for the development of applied scientific and innovation research, design and engineering and technological works and the use of their results in production
1. Applied scientific and innovative research and development aimed at creation, mastering and wide dissemination of new equipment and technologies for reconstruction and technical re-equipment of production shall be carried out on a contractual basis.
2. The state shall provide financial support at the expense of budgetary funds to fundamental and applied scientific-innovative research and development in priority directions of development of science, scientific-technical and scientific-innovative activity.
3. The state promotes improvement of technical level of production and quality of products in accordance with the needs of domestic and foreign markets, creation and development of fundamentally new types of equipment and resource-saving environmentally safe technologies, use of inventions.
4. Scientific and scientific-technical organizations, irrespective of the form of ownership, having developed scientific and technical potential, shall be supported by providing them with targeted loans and subsidies, state orders and other types of economic incentives in accordance with the civil legislation of the Kyrgyz Republic.
Article 30. Entry into force of this Law
1. This Law shall come into force from the date of its official publication.
Published in the official state newspaper "Erkin Too" dated August 15, 2023 No. 65 (3514)
2. To recognize as null and void:
1) Law Kyrgyz Republic "On the system of scientific and technical information" dated October 8, 1999, No. 108 (Vedomosti Jogorku Kenesh of the Kyrgyz Republic, 2000, No. 2, Art. 99);
2) Law of the Kyrgyz Republic "On introducing amendments and additions to the Law Kyrgyz Republic "On the system of scientific and technical information" dated March 16, 2005, No. 54 (Vedomosti Jogorku Kenesh of the Kyrgyz Republic, 2005, No. 7, article 495);
3) article 17 Law of the Kyrgyz Republic "On Amendments to Certain Legislative Acts of the Kyrgyz Republic" dated October 10, 2012, No. 170 (Gazette of the Jogorku Kenesh of the Kyrgyz Republic, 2012, No. 9, Art. 2862);
4) Law of the Kyrgyz Republic "On Science and on the Fundamentals of State Scientific and Technical Policy" dated June 16, 2017, No. 103 (Vedomosti Jogorku Kenesh of the Kyrgyz Republic, 2017, No. 6, Art. 506).
3. To the Cabinet of Ministers of the Kyrgyz Republic:
1) to take appropriate measures for the implementation of this Law;
2) within six months to bring its normative legal acts in compliance with this Law.
| PresidentKyrgyz Republic | S.N. Zhaparov |
| Adopted by the Jogorku Kenesh of the Kyrgyz Republic | June 21, 2023 |