Draft Law on Amendments to the Law of Ukraine “On Scientific and Scientific-Technical Activity” Regarding Issues of Research Infrastructure and Support for Young Scientists

Analysis of the draft law:

Analysis of the Draft Law of Ukraine on Amendments to the Law “On Scientific and Scientific-Technical Activity”

Essence of the draft: This draft law aims to improve the regulatory framework in the field of scientific and scientific-technical activity, in particular, regarding research infrastructure and support for young scientists. It introduces new concepts such as “open science” and “research data”, and defines the procedure for creating and operating the Register of Research Infrastructure. In addition, the draft law provides for additional rights and obligations for scientific institutions and scientists, and establishes requirements for access to research infrastructure facilities. The changes also concern the financing of scientific activities, including support for young scientists. The provisions regarding centers of collective use of scientific equipment and national scientific centers are being improved.
Structure and main provisions:

• Section I: Amends the Law of Ukraine “On Scientific and Scientific-Technical Activity”.
  • Article 1: Amendments to Article 1 of the Law:
    • New definitions are added: “open science”, “open access”, “research data”, “scientific supervisor of a scientific (scientific-technical) project”, and others.
    • The definitions of “research infrastructure”, “scientific result”, “scientific research”, etc. are clarified.
    • The definition of “state research infrastructure” is excluded.
  • Article 2: Amendments to Article 5 of the Law:
    • Paragraph two is supplemented with points regarding the right to free access to the Register of Research Infrastructure and access to research infrastructure facilities.
    • Part four is supplemented regarding the scientist’s responsibility for the completeness and reliability of the published results.
  • Article 3: Amendments to Article 6 of the Law:
    • Part seven is supplemented regarding the appointment of a scientific supervisor of a scientific (scientific-technical) project and his/her powers.
  • Article 4: Amendments to Article 7 of the Law:
    • Clarification of the obligations of scientific institutions regarding the maintenance, preservation and development of research infrastructure, ensuring open access
      access to the results of scientific research, etc.
    • Granting scientific institutions the right to select doctors of philosophy/doctors of arts on a competitive basis to conduct postdoctoral scientific research.
  • Article 5: Addition of Article 12-1 “Research Infrastructure”:
    • Definition of research infrastructure entities.
    • Procedure for forming lists of research infrastructure objects and their publication.
    • Creation and operation of the Register of Research Infrastructure.
    • Conditions for the use of research infrastructure objects by scientific entities.
    • Requirements for the regulations governing access to research infrastructure objects.
    • Classification of research infrastructure by location and form of ownership.
  • Article 6: Amendments to Articles 13 and 14 of the Law:
    • Stating in a new wording the provisions regarding centers for collective use of scientific equipment and national scientific centers.
  • Article 7: Amendments to Article 15 of the Law:
    • Stating the second part regarding financial support for scientific and scientific-technical activities of state key laboratories.
  • Other changes: Adjustment of terminology, addition of rights and obligations of scientific entities, clarification of the procedure for financing and managing scientific activities.
• Section II: “Final Provisions” – defines the terms of entry into force of the law and measures to bring regulatory legal acts into compliance with this Law.

Key provisions and important changes:

• For legislators:
  • The need to harmonize the terminology and provisions of the draft law with other regulatory legal acts in the field of scientific activity and intellectual property.
  • Determining sources of funding for the creation and maintenance of the Register of Research Infrastructure.
  • Assessing the impact of the proposed changes on the development of the scientific field and innovation activity in Ukraine.
• For experts:
  • Analysis of the compliance of the provisions of the draft law with European standards and recommendations in the field of open science and research infrastructure.
  • Assessment of the practical feasibility of the requirements for open access
    access to scientific results and research data, considering intellectual property protection and confidentiality issues.
  • Expert review of the criteria for including objects in the Research Infrastructure Register.
• For business:
  • The possibility of using research infrastructure facilities for conducting scientific research and development on a contractual basis.
  • Access to information on scientific results and research data, which can contribute to the development of innovative products and technologies.
  • Participation in the financing and management of centers for collective use of scientific equipment.
• For citizens:
  • Expanding access to scientific information and research results.
  • The possibility of participating in scientific projects and initiatives.
  • Improving the quality of education and scientific services.

Analysis of other documents:

Analysis of documents regarding the draft Law of Ukraine “On Amendments to the Law of Ukraine “On Scientific and Scientific-Technical Activity”

1. Letter from the Ministry of Education and Science of Ukraine

Position: The Ministry of Education and Science of Ukraine (MES) supports the draft law. This is evident from the fact that the letter provides detailed information on the necessary by-laws that will need to be developed or amended if the bill is adopted.
Key provisions:

• The need to develop new by-laws: If the law is passed, it will be necessary to develop 7 resolutions of the Cabinet of Ministers of Ukraine regulating various aspects of scientific activity, namely:
• Regulations on competitive research programs for postdocs.
• Criteria for forming lists of research infrastructure facilities.
• Regulations on the Research Infrastructure Register and the procedure for including objects in it.
• Procedure for the formation of national consortia of research infrastructures.
• Terms of payment of fees for the entry of Ukrainian infrastructure into international networks.
• Regulations on the national scientific center.
• Procedure for the formation of state orders for the most important scientific and technical developments.
• The need to amend existing acts: It is also necessary to amend 9 resolutions of the Cabinet of Ministers of Ukraine, including:
• Issues of centers for collective

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