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Code of The Republic Moldova On Science and Innovations
Code of The Republic Moldova On Science and Innovations
Code of The Republic Moldova On Science and Innovations
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CONTENT
Part I
GENERAL PROVISIONS
Chapter I
DOMAIN OF REGULATION AND LEGAL BASIS
Chapter II
DEFINITIONS
Chapter III
STATE POLICY IN THE FIELD OF SCIENCE AND INNOVATIONS
Article 55. State policy in the field of science and innovations as a strategic priority
Article 56. Goal and objectives of state policy in the field of science and innovations
Article 57. Basic principles of state policy in the field of science and innovations
Article 58. Strategic directions of activity in the field of science and innovations
Article 59. State programs in the field of science and innovations
Article 60. Projectsin the field of science and innovations
Article 61. Order of selection and registration of the project in the field of science and innovations
Article 62. Objects of activity in the field of science and and innovations
Article 63. State guarantees in the field of science and innovations
Article 64. Personnelpolicy in the field of science and innovations
Article 65. Tax and customs exemptions
Part II
IMPLEMENTATION OF STATE POLICY
IN THE FIELD OF SCIENCE AND INNOVATIONS
Chapter IV
FUNCTIONS AND POWERS OF THE PUBLIC AUTHORITIES
IN THE FIELD OF SCIENCE AND INNOVATIONS
Article 66. Functions of public authorities in carrying out of state policy in the field of science and innovations
Article 67. Powers of the Parliament
Article 68. Powers of the Government
Article 69. Powers of the central field agencies and other public administrative agencies
Article 70. Powers of local administrative agencies
Chapter V
ACADEMY OF SCIENCES – PUBLIC AGENCY
IN THE FIELD OF SCIENCE AND INNOVATIONS
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of the Academy of Science
Article 81. Assemblyof the Academy of Science
Article 82. Presidentof the Academy of Science
Article 83. Deputy -Presidents of the Academy of Science
Article 84. Principal scientific secretary of the Academy of Science
Article 85. Supreme Council for Science and Technological Development
Article 86. Powersof the Supreme Council
Article 87. Structure of administrative body of the Supreme Council
Article 88. Legal status of the personnel of administrative body and auxiliary institutions
Article 89. Agency for Innovations and transfer of technologies
Chapter VI
ACCREDITATION OF THE ORGANIZATIONS IN THE FIELD OF SCIENCE AND INNOVATIONS
ATTESTATION OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL PERSONNEL
OF HIGH QUALIFICATION
Paragraph 1
CENTRAL AGENCY OF PUBLIC ADMINISTRATION
IN THE FIELD OF ACCREDITATION AND ATTESTATION
Paragraph 2
ACCREDITATION OF ORGANIZATIONS IN THE FIELD OF
SCIENCE AND INNOVATIONS
Article 96. Committee for accreditation of organizations in the field of science and innovations
Article 97. Functions and powers of the Committee for accreditation
Article 98. General criteria for evaluation of the activity of organizations in the field of science and innovations
Article 99. Requirements to organizations for participations in accreditation
Article 100. Process of accreditation
Article 101. Consequences of non-accreditation
Article 102. Financial guarantees of the activity for accreditation
Paragraph 3
ATTESTATION OF THE SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL
PERSONNEL OF HIGH QUALIFICATION
Chapter VII
PROTECTION OF INTELLECTUAL PROPERTY
AND INFORMATION ASSURANCE IN THE FIELD OF SCIENCE AND INNOVATIONS
Paragraph 1
PROTECTION OF INTELLECTUAL PROPERTY
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4
Paragraph2
INFORMATION ASSURANCE IN THE FIELD OF
SCIENCE AN INNOVATIONS
Chapter VIII
MATERIAL-TECHNICAL AND FINANCIAL MAINTENANCE
IN THE FIELD OF SCIENCE AND INNOVATIONS
Part III
SUBJECTS OF THE ACTIVITY IN THE FIELD OF SCIENCE AND INNOVATIONS
Chapter IX
LEGAL STATUS OF THE ORGANIZATIONS IN THE FIELD OF SCIENCE AND INNOVATIONS
Chapter X
LEGAL STATUS OF SCIENTIFIC RESEARCHER
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Article 152. Conditions for substitution of scientific positions
Article 153. Substitution and dismissal of scientific position
Article 154. Rights of scientific researcher
Article 155. Obligations of scientific researcher
Article 156. Responsibility of scientific researcher
Article 157. Remuneration of scientific researcher
Article 158. Social guarantees
Article 159. Leave of scientific researcher
Part IV
INTERNATIONAL RELATIONS
IN THE FIELD OF SCIENCE AND INNOVATIONS
Part V
FINAL AND TRANSITION PROVISIONS
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Part I
GENERAL PROVISIONS
Chapter I
FIELD OF REGULATION AND LEGAL BASIS
Article 1. Field of regulation
This code regulates legal relations related to the elaboration and implementation of the state policy in the field of
science and innovations, activity in the field of scientific researches, innovations and transfer of technologies,
scientific-technological information, accreditation of organizations in the field of science and innovations,
attestation of scientific and scientific-pedagogical personnel of highest qualification, protection of intellectual
property, legal status of entities in the field of science and innovations.
Article 2. Legal basis of the activity in the field of science and innovations
(1) Activity in the field of science and innovations is regulated by the present code, other legal acts, Government’s
ordinances, regulations, which regulate legal relations stipulated by Article 1, which shall be in accordance with the
Constitution of the Republic of Moldova.
(2) Normative acts subordinated to law apply in order to regulate legal relations in the field of science and
innovations, only if they are adopted on the basis of law and do not contravene thereto.
(3) If an international agreement, to which the Republic of Moldova is a party, stipulates other provisions than those
provided by this code, the provisions of international agreement shall apply.
Chapter II
DEFINITIONS
Article 3. General provisions
In this code the basic definitions are used in the meaning stated in Articles 4-54.
Article 9. State policy in the field of research-development, innovations and transfer of technologies
State policy in the field of research-development, innovations and transfer of technologies (hereinafter - Field of
science and innovations) - component part of social-economic, education and cultural policy of the state, aimed at
development, coordination and stimulation of activity in the field of science and innovations, realized trough
generation of new knowledge and implementation of the scientific-technical progress.
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Monitoring - system tic surveillance, measurements and control of an activity from the point of view results and
efficiency regarding the use of human, material and financial resources, as well as planning of corresponding
measures for development of outlined goals.
Article 16. Public law organization in the field of science and innovations
Public law organization in the field of science and innovations - commercial or non-commercial organization,
established on the basis of an act issued by the public authority (central or local) and/or by the Academy of Sciences
(hereinafter -Academy of Sciences), financed entirely or partially from the sources of state budget, allocated for
achieving the outlined scope in the field of science and innovations.
Article 17. Private law organization in the field of science and innovations
Private law organization in the field of science and innovations - commercial organization founded and financed by
physical or legal persons of private law with the purpose of obtaining profit from the activity in the field of science
and innovations.
Article 18. Public organization (association) in the field of science and innovations
Public organization (association) in the field of science and innovations – non-commercial organization established
by associated physical and/or legal persons according to law on the basis of common interest in order to achieve the
outlined goals in the field of science and innovations.
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Absorption of innovations - capacity of the socio-economical environment to assimilate innovation (especially by
enterprises), use, transform and enlarge innovational knowledge, extend their realization into new produces,
services, processes.
Article 26. Full members (academicians) and corresponding members of the Academy of Sciences
Full members (academicians) and corresponding members of the Academy of Sciences -scientists and cultural
workers of a high civic responsibility, citizens of the Republic of Moldova, who have works of a great theoretical
and practical importance and considerably contributed to the development of national science and culture, leading
specialists in their field and elected by the General Meeting of the full members and corresponding members of the
Academy of Sciences.
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Article 35. Affiliated members of the Academy of Sciences
Affiliated members of the Academy of Science -accredited private law organization in the field of science and
innovations and accredited public organizations (associations) in this field, connected with the Academy of Sciences
by relations of subordination and/or collaboration, which benefit trough contest from the right to be financed from
the state budget in a proportion of 40 percent of the project cost in the field of science and innovations subject to
joint financing.
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Article 48. Scientific-technological information produce
Scientific-technological information produce – materialized result of the creative activity of the information
services, destined to satisfy the needs of the beneficiaries of scientific-technological information.
Chapter III
STATE POLICY
IN THE FIELD OF SCIENCEAND INNOVATIONS
Article 55. State policy in the field of science and innovations as a strategical priority
(1) Support of research - development, stimulation of a stable innovation climate represents a strategic priority in the
socio-economical development of the Republic of Moldova.
(2) State policy in the field of science and innovations is a component part of social-economic policy of the
Republic of Moldova and establishes the objectives, principles and mechanism of the activity in this field.
(3) The state jointly with the scientific community elaborates the policy in the field of science and innovations and
promotes it by ensuring its normative, organizational and socio-economic base, contributing by measures and means
to the realization of different activities in the field of science and innovations.
(4) The state determines the scope, principles and mechanisms of the activity in the field of science and innovations,
mode of attraction of investors, ensuring it’s organizational and socio-economic base.
(5) The state stimulates the activity in the field of science and innovation, ensures its material-technical support, and
creates favorable conditions for absorption of innovations.
(6) State policy in the field of science and innovations is carried out by the scientific community in the person of the
Academy of Sciences in accordance with the economic, financial and scientific-technical policy.
Article 56. The goals and tasks of state policy in the field of science and innovations
(1) The basic goal of the state policy in the field of science and innovations is a stable socio-economic and human
development in the Republic of Moldova, based on maximum stimulation and use of scientific, scientific-technical
and technological potential, oriented to creation and commercialization of competitive and ecological pure produces,
services, processes.
(2) The tasks of the state policy in the field of science and innovations are:
a) complex integration of fundamental and applied researches within the innovation activity from all fields of
economic, social, cultural, political and informational life of the Republic of Moldova;
b) development and efficient use of scientific and technological potential;
c) ensurance of progressive structural reformation of the field of production of goods and services, increasing their
efficiency and competitiveness;
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d) protection of the environment, monuments of natural and historic heritage, rational use of natural resources,
saving and developing biological and cultural diversity;
e) protection and development of informational resources of the country;
f) consolidation of the interconnection between science and education.
Article 57. Basic principles of state policy in the field of scienceand innovations
State policy in the field of science and innovations is carried out on the basis of the following basic principles:
) recognition of science and innovations as basis of the social-economical development of the Republic of
Moldova;
b) organization of the activity on the strategic directions of development of the activity in the field of science and
innovations in accordance with the socio-economic, cultural and educational priorities of the country, trends of
development of the world science;
) rational character of the integration of the national fields of science and innovations into world and regional
circulation on the basis of the principles of cooperation and specialization;
d) concentration of the means allocated from the state and other resources on strategic directions of field of science
and innovations;
) adjustment of activity in the field of science and innovations to social-economic, cultural and educational
necessities of society;
f) evaluation and selection of state programs and projects in the field of science and innovations on a competitive
basis;
g) use and development of scientific, scientific-technical and scientific-technological potential, creation of the
infrastructure of the field of science and innovations;
h) transformation of objects of intellectual property into competitive produces, services, processes on the internal
and external markets;
i) promotion of a favorable financial, tax and customs policy in the field of science and innovations;
j) ensurance of partnership relations between science, education, production and financial fields;
k) conformity of the activity in the field of science and innovations to international norms and principles;
l) ensurance of transparency in the process of realization of state policy in the field of science and innovations;
m) granting rights on well-founded risk of activity from the field of science and innovations.
Article 58. Strategic directions of the activity in the field of science and innovations
(1) State policy in the field of science and innovations envisages concentration of resources and organization of the
activity on strategic directions of the field of science and innovations.
(2) Strategic directions of science and innovations are identified taking into consideration current trends at the world
level, of the national potential and necessities of the social social-economic development of the country.
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(2) Projects, as a rule, are a component part of a program in the field of science and innovations executed by
organizations, performing respective activity.
(3) Projects shall meet the following requirements:
a) to be oriented to solve the most important problems of social-economic development of the state and correspond
to strategic directions of development of science and innovations, stated in the Partnership Agreement ;
b) to contain scientific or technological novelty and correspond to professional level;
c) to be scientifically and financially founded, to define the expected results and methods of their transparent
monitoring.
Article 61. Order of selection and registration of projects in the field of science and innovations
(1) Projects and their performers are selected trough a contest, which is publicly announced by the Supreme Council
for science and technological development, on the basis of the expertise carried out by independent experts along
with representatives of the scientific community, in accordance with the regulation approved by the Academy of
Sciences.
(2) Projects in the field of science and innovations included in programs or self-independent projects are published
in the Official Monitor of the Republic of Moldova after their approval by the Academy of Sciences and are
introduced in the State register of the projects in the field of science and innovations (hereinafter - State register).
(3) State registration of projects in the field of science and innovations are carried out in the terms approved by the
Academy of Sciences.
(4) The Academy of Sciences issues a certificate to the organization in the field of science and innovations, which
confirms the state registration of the project.
(5) Certificate of state registration of the project in the field of science and innovations is valid for a period stated in
the respective program. After the expiration of this period, state registration of an unperformed project and
respective record from the State register become invalid. This information is published by the Academy of Sciences.
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Part II
IMPLEMENTATION OF STATE POLICY
IN THE FIELD OF SCIENCE AND INNOVATIONS
Chapter IV
FUNCTIONS AND POWERS OF PUBLIC AUTHORITIES
IN THE FIELD OF SCIENCE AND INNOVATIONS
Article 66. Functions of public authorities in carrying out state policy in the field of science and innovations
The state trough public authorities guarantees functioning and development of the field of science and innovations
by means of:
) assurance of normative, organizational and social-economic basis for performance and stimulation of the activity
in the field of science and innovations;
b) stable growing financing of the development of the potential in the field of science and innovations and
stimulation of creation of its modern infrastructure;
) promotion of a favorable financial, tax and customs policy in the field of science and innovations;
d) support of activity in the field of science and innovations by means of programs and projects in strategic
directions of this activity;
) creation of conditions for preservation, development and use of scientific, scientific-technical and technological
potential;
f) assurance of training, improvement and advanced training for persons of high qualification from organizations in
the field of science and innovations;
g) realization of interaction between science, education, production and financial fields;
h) efficient utilization of market mechanisms for broadening the activity in the field of science and innovations;
i) support of antreprenoship in the field of science and innovations;
j) development of the infrastructure in the field of science and innovations;
k) protection of intellectual property, other interests of subjects of activity in the field of science and innovations;
l) legal assurance of transfer of intellectual property, certification of competitive produces, services, processes;
m) information assurance of the subjects of the activity in the field of science and innovations according to the
legislation in force;
n) promotion of measures for intensification of international cooperation in the of field science and innovations;
) social protection and remuneration of the personnel in the field of science and innovations according to their
qualification and skills.
Article 69. Powers of central specialized organs and other administrative authorities
(1) Powers of central specialized organs and other administrative authorities in the field of science and innovations
are established by the Government at the proposal of the Academy of Sciences.
(2) Ministries, departments, other public administrative authorities:
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) participate in the promotion of state policy in the field of science and innovations;
b) elaborate proposals related to the strategic directions of activity in the field of science and innovations, state
programs;
) perform other powers, stipulated by the law.
Chapter V
ACADEMY OF SCIENCES - PUBLIC AGENCY
IN THE FIELD OF SCIENCE AND INNOVATIONS
Article 71. Place of the Academy of Sciences in the field of science and innovations
(1) Academy of Sciences - the sole public agency of the national significance in the field of science and innovations,
plenipotentiary coordinator of scientific and innovation activity, supreme scientific forum of the country and
scientific consultant of the public authorities of the Republic of Moldova.
(2) The Academy of Sciences is a legal person, has an autonomous status and carries out its activity on the basis of
principles of self administration.
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p) gives consultation, performs expertise and review of bills of laws and other regulations, related to the policy in
the field of science, economic, social, cultural and other fields of social life;
q) performs training of the scientific personnel trough graduate, post-graduate education and advanced training
courses, supports and promotes scientific schools;
r) collaborates on the international level with similar institutions.
Article 76. Full members, corresponding members and honorary members of the Academy of Sciences
(1) Full members, corresponding members and honorary members of the Academy of Sciences are elected for life
by the general meeting of the full members and corresponding members at the proposals of the divisions of the
Academy of Sciences, of organizations in the field of science and innovations, high education institutions, cultural
institutions, as well as at the proposal of full members in accordance with the Statute of the Academy of Sciences.
(2) the composition of full members and corresponding members of the Academy with the age less than 70 years is
established in a number of 78 persons. The names of specialties are established by the Supreme Council at the
proposal of Sections of Sciences and within the limits of vacancies of full members and corresponding members
(3) When reaching the age of 70 years the full members and corresponding members of the Academy of Sciences
can work in the field of science and innovations as scientific consultants.
(4) If the titular and corresponding members of the Academy of Sciences of Moldova loose the citizenship of the
Republic of Moldova, they will stop paying the monthly allowances.
Article 77. Rights and obligations of the full members and corresponding members Of the Academy of Science
Full members and corresponding members of the Academy of Sciences:
a) respect the Statute of the Academy and participate to the realization of its provisions;
b) contribute, trough personal activity, to the development of science, economy and national culture;
c) participate to the elaboration of programmes of scientific, socio-economic and cultural development of the
country;
d) participate to the preparation of the scientific personnel;
e) are members of a Section of the Academy according to the scientific specialties;
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f) contribute to the consolidation of the scientific community, growth of the Academy’s prestige;
g) are responsible for the level of development of science in the respective field;
h) participate in the works of the Assembly of the Academy, general meetings of full members and
corresponding members and to the Section meetings which they belong to;
i) make proposals for examination of scientific, innovation and organizational issues in the scientific forum,
Section Bureau, Section Meeting and the Assembly of the Academy ;
j) may be elected in the leadership organs of the Academy;
k) bring their points of view on issues related to science and society;
l) have the right to free access in public institutions;
m) receive monthly life allowances, indexed annually by the Law on state budget, in an amount of not less than
2000 lei - corresponding members and not less 3000 lei – full members;
n) present in each year reports on scientific activity, which are examined at sessions of the Bureau and Meetings
of Sections of Sciences;
o) possess exclusive right to use the title of academician and corresponding member without indication of
belonging to a specific academy.
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b) elects the President of the Academy of Sciences and at his proposal – First Deputy President, Deputy Presidents
and principal scientific secretary of the Academy of Science;
c) approves once in for years the Partnership Agreement;
d) approves the policy of the Academy of Science in the field of science and innovations, implements the strategy of
this policy;
) approves at the proposal of the President of the Academy of Sciences the representatives of divisions in the
Assembly and elects the representatives of the scientific comunity, including higher education institutions, as a
member of Supreme council for science and technological development;
f) examines and decidse on annual report on the results of activity in the field of science and innovations in the
country, of activity of subdivisions of the Academy of Sciences;
g) examines and approves strategies, programs, relating to the field of science and innovations;
h) determines strategic directions in the field of science and innovations.
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field of science and innovation, including 3 representatives of the profile members and 3 representatives of
institutional members, a representative of the Advisory Council of expertise, a representative of the State Agency for
Intellectual Property, a representative of the National Council for Accreditation and Attestation , 2 representatives of
the Rectors Council, a representative of the young researchers (Doctor or Doctor Habilitat with age up to 30 years),
proposed by the General Assembly of Young Researchers from the Republic of Moldova.
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g) general legal department;
h) general department for logistics;
i) general department for European integration and international cooperation;
j) other departments and divisions.
Article 88. Legal status of the personnel of the administrative body and auxiliary institutions
(1) Legal status of the personnel of the aministrative body and auxiliary institutions is determined by the Law on
public service.
(2) Employees of the administrative body of Supreme Council, which hold a scientific degree and title, and
scientific-pedagogical titles, benefit from the same priviledges, as scientific researchers, in case they perform
scientific activity.
Chapter VI
ACCREDITATION OF ORGANIZATIONS IN THE FIELD OF SCIENCE AND INNOVATIONS.
ATTESTATION OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICALPERSONNEL
OF HIGH QUALIFICATION
Paragraph1
CENTRAL AGENCY OF PUBLIC ADMINISTRATION
IN THE FIELD OF ACCREDITATION AND ATTESTATION
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Article 93. Structure and management of the National council
(1) Within the National council activate the Committee for accreditation of organizations in the field of science and
innovations and the Committee for attestation of Scientific and scientific-pedagogical personnel.
(2) Committee for accreditation of organizations in the field of science and innovations consists of 17 members, 6 of
which are proposed by the President of the Academy of Sciences, 6 members are representatives of institutions of
high education, proposed by the Government, and 4 representatives of the Government by position.
(3) Committee for attestation of scientific and scientific-pedagogical personnel consists of 17 members, 8 of which
are proposed by the President of Academy of Sciences and 8 are representatives of institutions of high education,
proposed by the Government.
(4) The management of the National council is exercised by its president and its two deputies, one of which is the
head of Committee for accreditation of organizations in the field of science and innovations, the other – head of
Committee for attestation of scientificand scientific-pedagogical personnel, and scientific secretary.
(5) The personal composition of the National council is approved by the decree of the President of the Republic of
Moldova and the head of the National council, the deputy head and scientific secretary are appointed for a period of
4 years (but no more than for two consecutive terms).
(6) Head of the National council:
) is responsible for the activity of the National council;
b) represents the interests of the National council in relations with other organizations;
c) coordinates activity of the National council and its aministrative body;
d) issues orders of attestation of scientific and scientific-pedagogical personnel of high qualification;
e) signs decisions for accreditation or non-accreditation of organizations in the field of science and innovations
irrespective of the type of property and organizational-legal form;
f) has the right to make changes in the structure of the aministrative body in limits of the remuneration fund and
number of personnel.
(7) In case of absense of the head of the National council his bligations are executed by one of his deputies.
Paragraph 2
ACCREDITATION OF ORGANIZATIONS IN THE FIELD OF
SCIENCE AND INNOVATIONS
Article 96. Committee for accreditation of organizations in the field of science and innovations
(1) Evaluation and accreditation of organizations in the field of science and innovations are carried out by the
Committee for accreditation of organizations in the field of science and innovations (hereinafter - Committee for
accreditation).
(2) Members of the committee - representatives of the Academy of Sciences and institutions of high education are
proposed for the membership in the Committee for accreditation for no more than one term from the scientists with
a competence in scientific and scientific-technological fields and high proffesionalism.
(3) Committee for accreditation acts on the basis of the Regulation on accreditation of organizations in the field of
science and innovations, enclosed in Annex 1.
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(4)Meetings of the Committee for accreditation are held not less than 7 times per year at the proposal of the head of
the National council or at the request of not less them one thirds of the committee members.
(5) Meetings of the Committee for accreditation are deliberative if it is attended by not less than two thirds of its
members. The decisions are addopted by the majority of the attendees’ votes.
Article 98. General criteria of evaluation of the activity of organizations in the field of scienceand innovations
(1) The general criteria for evaluation of activity of organizationsin the field of science and innovations are:
a) conformance of the activity of the organization to the strategic directions in the field of science and innovations,
influence of the results of this activityon national economy and development of world science;
b) scientific level and competitiveness of the results of activity of organization;
c) posibility of using and degree of assimilation of the results of activity;
d) level of profesional competence of the personnel and its authority in the scientific aspect;
e) material-technical basis;
f) financial-economic regulation organization;
g) training of scientific personnel of high qualification;
h) cooperation of the organization with similar organizations from the country and abroad.
(2) Goals and methodology of evaluation and accreditation of organizations in the field of science and innovations
are stipulated by the Regulation on accreditation of organizations in the field of science and innovations.
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(4) The decision of the Committee for accreditation regarding the accreditation or non-accreditation of organization
in the field of science and innovations is final after its signing by the head of the National council and published in
the Official Monitor of the Republic of Moldova.
(5) Organization in the field of science and innovations, which got certificate of accreditation, can become:
) institutional member of the Academy of Sciences, which means the full financing of its activity in the field of
science and innovations from the state budget;
b) profile member of the Academy of Sciences, which means full financing on a competitive base from the state
budget of its fundamental researches and partial financing on a competitive base from the state budget of applied
researches, offering priority to the projects which are mostly financed from its own extra-budgetary resources and
other sources;
) affiliated member of the Academy of Sciences, which gives the right to participate in the competition of projects
and programs of the Academy of Sciences in order to obtain budget financing up to 40 percent of the cost of the
project, with the condition of joint financing.
(6) Within 10 days, after the certificate of accreditation was issued, the principal scientific secretary of the
Academy of Sciences issues a certificate of membership of the Academy of Sciences of Moldova (Annex 2) with
indication of the organization’s status (institutional, profile, affiliated member) and its affiliation to one or another
division of the Academy of Sciences.
(7) Repeated evaluation and accreditation of organization in the field of science and innovations are carried out: at
an interval of not more than five years; in case of change of the type of activity of the organization or at its request.
(8) Accreditation of a new organization in the field of science and innovations of the Academy of Sciences is made
after three years from the date of adoption of the Supreme Council decision on its creation in accordance with the
legislation.
(9) Private law organizations and public organizations in the field of science and innovations can submit their
request for accreditation not earlier than three years from the date of registration in accordance with the applicable
law.
Paragraph 3
ATTESTATION OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL
PERSONNEL OF HIGH QUALIFICATION
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a) participates in the elaboration and implementation of the state policy and strategy in the field of attestation of
scientific and scientific-pedagogical personnel of high qualification, forms uniform state system of their attestation
and assures its efficient activity;
b) participates in the elaboration of proposals, relating to strategic directions in the field of science and innovations
and their support with scientific personnel of high qualification;
c) jointly with the Academy of Sciences elaborates regulations regarding the training of scientific personnel trough
PhD and Post-Doctoral studies, acknowledgement and equalization in rights of the documents of high scientific and
scientific-pedagogical qualification obtained abroad, also and other normative acts which are submited to the
Government for approval;
d) elaborates and issues diplomas and certificates of highest scientific and scientific-pedagogical qualification;
e) gives conclusion on the plan of addmission to PhD or Post-Doctoral studies;
f) gives consclusion on the criteria for addmission to specialized post-graduate studies;
g) orients the national system of attestation of scientific and scientific-pedagogical personnel of high qualification
tawards European standards, colaborates with similar institutions from other states, concludes with them bilateral
and multilateral agreements in accordance with legislation in force, exchange normative acts and other documents,
relating to this system;
h) attracts to participation in specialized scientific councils and experts committes for attestation of scientific
personnel of highest qualification (if necessary) famous foreign scientists;
i) recognizes and equalizes in rights the documents of high scientific and scientific-pedagogical qualification of the
citizens of the Republic of Moldova issued by public authorities of other states;
j) maintains in a working condition the database of persons, which received scientific degrees, scientific and
scientific-pedagogical titles;
k) conducts workshops, conferences and other activities on the matters of attestation of scientific and scientific-
pedagogical personnelof high qualification;
l) assures transparency of the activity of the national system of attestation of scientific and scientific-pedagogical
personnel of high qualification;
m) approves programs of examination for PhD competitors, technical cards of specialists, to which is assigned
scientific degree is awarded ;
n) elaborates and approves the criteria and instructions for awarding scientific degrees, scientific and scientific-
pedagogical titles;
o) approves the annual plan of works of the Committee;
p) forms, on the basis of the proposal of scientific councils of the organizations in the field of science and
innovations and senates of institutions of high education, the system of specialized scientific ad-hoc councils (for
deffence of each dissertation) and the system of the commissions of experts in the field, makes changes in their
composition;
q) supervises the activity of attestation of scientific and scientific-pedagogical personnel, implemented by
specialized scientific councils, commissions of experts, PhDs, scientific councils of organizations in the field of
science and innovations and senates of institutions of high education, requiring them to submit the annual reports
and other information on this activity;
r) organizes the expertise of PhD and Doctor-habilitat theses in order to evaluate them and the objectivity of the
issued by the specialized scientific councils;
s) are responsible for authanticity and scientific level of works, for which scientific degrees, scientific and scientific-
pedagogical titles were awarded;
t) abrogates decisions of bodies subordinated to the Committeein in case of their non-complience with normative
acts;
u) deprives the organization in the field of science and innovations, which do not assure the necessary level of
scientific researches, from the right to have specialized scientific councils;
v) initiates proceedings in courts on the matters of deprivation of the academic degree and/or scientific or scientific-
pedagogical title of the person, which admitted falsification of the data, plagiarism, compilation or other actions,
incompatible with the ethic of a scientist.
Article 105. Sources of financing of the activity for attestation of scientific and scientific-pedagogical personnel of
high qualification
(1) Expenditures related to the examination made by the National council and the Committee for attestation of the
files of attestation of high qualified scientific and scientific-pedagogical personnel, including PhD and Doctor-
habilitat theses, are covered:
a) for the staff, competitors and PhD candidates of public law organizations organizations in the field of science and
innovations from the sources allocated to the Natiojnal council from the state budget for such activities;
b) for persons, who studied by paying tuition fee, foreign citizens, staff, competitors and PhD candidates of private
law organizations and public organizations in the field of science and innovations – on the account of these
organizations or on their own account according to the rates, approved by the Government;
c) for former PhD candidates of public law organizations in the field of science and innovations, which during two
years after termination of PhD studies did not defended their dissertation - on their own account.
24
(2) Expenditures for drawing up diplomas, certificates and certificates of acknowledgement and equlization of
scientific degrees, of scientific and scientific-pedagogical titles, received abroad, are covered by the respective
persons.
(3) Expenditures related to the activity of specilalized scientific councils, including for remuneration of their
members and official refrences are covered from the sources of state budget in case of PhDs financed from the state
budget or on their own account – in case of PhDs financed from non-budget sources.
Chapter VII
PROTECTION OF INTELLECTUAL PROPERTY
AND INFORMATION ASSURANCE IN THE FIELD OF SCIENCE
AND INNOVATIONS
Paragraph 1
PROTECTION OF INTELLECTUAL PROPERTY
Article 109. Powers of the State Agency in the field of industrial property
The State Agency:
) receives and subjects to expertise applications for issueing protective documents for objects of industrial
property;
b) administrates national registers of applications and protective titles awarded for inventions, new sorts of plants
and species of animals, trademarks and service marks, geographical indications, industrial design and useful models,
25
topography of integrated circuits, other objects of industrial property, of national registers of license and cessation of
the representatives and advisers in the field of industrial property;
) administers, keeps and suppliments the National collection of patents by aquiring and exchange of information
with international organizations and foreighn offices of intellectual property;
d) examines and registers contracts of license, cessation, pledge and franchising of the rights on the objects of
industrial property;
) creates the Committee of Apeal for examination of appeals related to protection of industrial property, approves
its regulation and organize its activity;
f) elaborates, publishes and disseminates description of the patents for inventions;
g) publishes and disseminate the Official bulletin of industrial property, industrial property magazin "Intellectus",
other periodicals in this field;
h) organizes the activity of counceils, representatives and patent engineers in the field of industrial property, issues
permissions and perform their attestation;
i) provides at the request or in a planed manner services or specialized assistance in the field of industrial property;
j) checks and confirms the request evaluation calculations of industrial property in the enterprises, institutions and
organizations;
k) performes at the request expertisein the field of subject matter and of the results of scientific-technical activity.
Article 110. Powers of the State Agency in the field of protection of copyright and related rights
The State Agency:
) assures protection of rights and legal interests of authors, holders of copyrights and related rights, their succesors
on the territory of the Republic of Moldova and out of its borders;
b) provides legal assistance to the authors and holders of copyright and related rights, as well as take measures in
order to prevent the infringement of rights and their restoration;
) introduces in the state register the works of art protected by copyright;
d) collects information and creates database of works of art and authors living in the Republic of Moldova whose
patrimonial rights are collectively administrated;
) elaborates in a prescribed manner minimal rates of author’s remuneration;
f) monitors the activity of organizations for collective management of patrimonial rights;
g) familiarizes foreign citizens with remarkable works in the field of science and innovations, including literarature
and arts, authors living in the Republic of Moldova;
h) provides specialized assistance to phisical and legal persons for establishing of contractual relations, related to the
utilization of works protected by copyright and related rights in the country and abroad;
i) manages patrimonial rights of authors, holders of copyright and related rights, as well as their succesors, which
did not transfer their patrimonial rights to other organizations for collective administration of patrimonial rights;
j) acts as intermediary in conclusion of contracts and concludes (if so empowered by the author or holder of the
copyright) contracts with foreign phisical and legal persons on commercialization of works of authors living in the
Republic of Moldova abroad, as well as acts as intermediary for conclusion of contracts and concludes (if so
empowered by the holder of the copyright) contracts with foreign holders of rights on utilization on the territory of
the Republic of Moldovaof the works of foreign authors;
k) protects the rights of foreign authors and holders of related rights in case of utilization of their works on the
territory of the Republic of Moldova, if the state, in which they live, is a party to international agreements to which
Republic of Moldova adhered, or if the Republic of Moldova concluded with this state bilateral agreement in this
field;
l) elaborates jointly with concerned organizations model author contracts and approves them;
m) elaborates, publishes and disseminates informationsl bulletins, instructions and explaining materials in the field
of protection of copyright and related rights, from special sources;
n) contributes to the establishment of organizations for collective administration of the rights in the field of
protection of copyright and related rights and/or their reorganization;
) requests and receives from the ministries, departments, state agencies, enterprises, institutions and organizations
the information necessary for performance of its function, as well as information on the utilization of works of
literature, music, arts, data, protected by copyright and related rights;
p) requests and receives for examination from organizations of collective administration of patrimonial rights annual
reports, approved by the general meetings of members of these organizations, as well as reports of the audit
commission on economic and financial administration and utilization of author remuneration in accordance with the
legislation in force;
q) makes, in the prescribed manner, proposals for application of sanctions to the respective institutions in case of
breach of copyright and related rights;
r) brings suits into the courts either on behalf of authors or holders of copyright and related rights (by
reprezentation) or on behalf of the agency;
s) makes reports on breach of copyright and related rights and requests restoration of breached rights in accordance
with the legislation in force.
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(1) The State Agency is administrated by a general director, appointed and dismissed from his position by the
Government at the proposal of the President of the Academy of Sciences.
(2) General director has two deputies, which are appointed and dismissed from their position by the Government at
the proposal of the general director.
(3) The structure and statute of the state agency are approved by the Government at the proposal of general director.
(4) In absence of the general director his obligations are performed by one of the deputies of the general director.
(2) Sources deposited in the accounts of the State Agency form of taxes, including in foreign courency, are used for
technical equipment, creation and application of automatied system and funds of patent information, remuneration,
training and stimulations of the personnel, of the field of science and innovations.
Paragraph 2
INFORMATION ASSURANCE IN THE FIELD OF
SCIENCE AND INNOVATIONS
27
b) brings to the international standards the materials related to the field of scientific-technological information;
c) develops respective infrastructure and implements advanced information technologies;
d) creates conditions for widening and intensification of information exchange between domestic and foreign
scientists and specialists, for participation in the national and international scientific conferences, simpoziums,
seminars, exhibitions, for publishing of domestic scientific magazines;
) creates resources of national system of scientific-technological information and assures their integrity;
f) gives financial support and technological assurance of the infrastructure of the system of scientific-technological
information in accordance with the legislation in force;
g) creates favorable conditions for dissemination, implementation and use of scientific-technological information in
the field of science, production and education;
h) guarantees the right of free and non-discriminatory access to the resources of scientific-technological information;
i) performes training of the personnel for work in the field of scientific-technological information;
j) assures inclusion in the world informational system, including by means of interstate exchange of scientific-
technological information;
k) creates social and legal conditions for increasing of efficiency of the activity of specialized information Centers,
libraries, other state non-state structures, contributing to creation and use of resources of scientific-technological
information;
l) analyzes and evulates the trends of development in the fields of scientific-technological information, coordinates
activity for development of standards in the field of scientific-technological information, documentation and library
matters.
(3) The state creates conditions for obtaining and using of scientific-technological information.
28
Article 119. Rights of the subjects of relations in the field of scientific-technological information
(1) Phisical and legal persons have the right on scientific-technological information and its documentary sources.
(2) The owner of scientific-technological information if necessary can use it in any form and manner, if this does not
contravene to the legislation in force.
(3) In the interest of the national security the right on scientific-technological information and its documentary
sources can be provided with limitations, arising from the necessity of confidentiality, in accordance with the
legislation in force.
(4) The intermidiary can provide to the user with the permission of the author (co-author) or other owner the
scientific-technological information.
(5) Foreign citizens, stateless persons, foreign legal persons have the same rights and obligations in the field of
scientific-technological information as citizens and legal person of the Republic of Moldova, if international
agreements, to which the Republic of Moldova is a party, do not state otherwise.
Article 120. Obligations of the subjects of relations in the field of scientific-technological information
(1) Phisical and legal persons, which collect, keep, process, use and disseminate scientific-technological
information, are obliged for the purpose of non-admition of distortion, destruction or communication to a third
unauthorized person to assure its safety.
(2) Subjects of relations in the field of scientific-technological information, which possess the rights on the
information and its documentary sources according to concluded contracts, are obliged to observe confidentiality of
information, transferred to them under stamp of secret, and bear the responsibility for its divulgence according to the
legislations in force.
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Article 124. Creation of the market of scientific-technological information produces
(1) The scientific-technological information sold in the form of information produces has the status of goods.
(2) The market of scientific-technological information produces is created in accordance with the rules prescribed by
the legislation in force.
(3) Phisical and legal persons irrespective of type of property and organizational-legal form are equal partners on the
market of scientific-technological information produces.
Chapter VIII
MATERIAL-TECHNICAL AND FINANCIAL
ASSURANCE OF THE FIELD OF SCIENCE AND INNOVATIONS
Article 125. Financing of the activity in the field of science and innovations
(1) Sources of financing of the activity in the field of science and innovations are:
a) state budget resources;
b) resources of budgets of aministrative-territorial units;
c) own resources of the subjects of the activity in the field of science and innovations;
d) resources of organizations interested in the activity in the field of science and innovations;
e) investments (donations, grants and other) of phisical and legal persons, including foreigners;
f) allocations amounting to 50 percent of sums obtained from sell of unused property, including imovables;
g) other legal resources.
(2) Draft Partnership Agreement is drawn up in terms stipulated for drawing up of the draft Law on state budget and
is examined simultaneously with the draft Law n state budget.
(3) Financing of the activity in the field of science and innovations from the state budget is made through the
Academy of Sciences on the basis of the Partnership Agreement.
(4) The state assures stable and growing financing of the activity in the field of science and innovations, leading it to
the amount of one percent of GBP. Absolute size of the growth of expenditures form the state budget for financing
the field of science and innovations are stipulated in the Partnership Agreement.
(5) Resources stipulated in the state budget for science and innovations are used for:
a) performance of scientific researches, reconnaissance activity and technological development;
b) maintenance and development of scientific-technical base and infrastructure;
c) organizational assurance of the Academy of Sciences activity, including maintenance of central scientific library,
archives and information system;
d) organization of competitions and financing of projects in the field of science and innovations;
e) organization of conferences, seminars and other activities;
f) publishing scientific and scientific-methodical works, as well as scientific magazines;
g) support of development of scientific collaboration with international organizations;
h) training of scientific personne lof of high qualification through PhD and PostDoctoral studies either in country or
abroad;
i) assurance of the activity of specialized scientific councils.
(6) Before accreditation from the right of financing from the state budget during not more than one year from date of
entering into force of this code beneficiate all organizations in the field of science and innovations. The budget
allocations for financing of accredited organizations in the field of science and innovations shall be distributed in
accordance with the provisions of the present code.
(7) The Academy of Sciences establishes and administers the National fund for support of science.
(8) Resources of the National fund for support of science are destined exclisively for support of scientific
researchers and young talents, namely for payment of prizes and grants on the basis of the regulation approved by
the Assembly.
(9) Resources of the National fund for support of science are formed of:
a) donations, sponsorship, other legal sources;
b) allocations amounting to 0,5 percent of grants from international funds, institutions and organizations;
c) allocations amounting to 2 percent of total cost of performed onerous services, renting of spaces, execution of
orders or agreements and other revenues of organizations in the field of science and innovations, subordinated to the
The Academy of Sciences;
d) allocations amounting to 3 percent of revenues, remained at the disposal of the State Agency for intellectual
property;
e) allocations amounting to 10 percent of profit, remained at the doisposal of the subordinated business entities to
the Academy of Sciences, working on the basis of self-support.
(10) Financial resources, obtained by the Academy of Sciences from different sources, are used in accordance with
the decisions of the Supreme Council. Financial resources, not used by the end of the current year, can be used in the
next year by organizations, which made savings in the previous year.
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(1) For performance of the functions and powers prescribed by the law the Academy of Sciences possesses a
patrimonial complex, consisting of material and non-material values (hereinafter-objects of patrimonial complex) in
form of:
a) transferred in its possession or administration on the basis of the decision of the public administration authorities;
b) obtained from budget and own resources;
c) results of intellectual activity of the members and staff of Academy of Sciences, obtained during execution of
orders and/or works, executed on contractual basis;
d) donations, sponsorship - phisical and legal persons, including foreign;
e) obtained by it throuth other legal means.
(2) Objects of patrimonial complex, belonging to the Academy of Sciences with the right of their economic activity
administration, are transferred to the subordinated organizations with the right of operative administration.
(3) Grateous transfer of the property from the balance of one organization to the balance of another, subordinted to
the Academy of Sciences, are not subject to taxes, if this transfer is made on the basis of the decision of the Supreme
Council.
(4) Administration of the patrimonial complex of the Academy of Sciences is performed by the Supreme Council.
(5) The Academy of Sciences, performing its functions for administration of objects of patrimonial complex,
transferred to it for use, assures the realization of the rights of state as the owner of these objects, their efficient use
and administration in the limits prescribed by the legislation in force for the purpose of satisfaction of social and
state necessities.
(6) Objects of patrimonial complex of the Academy of Sciences are used in accodance with legislation in force, the
Statute of the Academy of Sciences and statutes of the organizations in the field of science and innovations and their
subdivisions.
(7) The Academy of Sciences, organizations subordinated to it in the field of science and innovations, have the right
to use belonging to them property for the purpose of participation in civil relations, including for performance of
financial-economic activity in accordance with their objectives and in the limits of their legal civil capacity.
(8) Selling of objects of property of the Academy of Sciences and its subordinated organizations in the field of
science and innovations is made only on competitive basis with the permition of the Assembly.
(9) Resources, obtained from utilization and selling of the objects of property of the Academy of Science, its
subordinated organizations in the field of science and innovations, are directed to performance of their statutory
objectives.
Part III
SUBJECTS OF THE ACTIVITY IN THE FIELD OF SCIENCE AND INNOVATIONS
Chapter IX
LEGAL STATUS OF ORGANIZATIONS IN THE FIELD OF SCIENCE AND INNOVATIONS
Article 128. Basic functions of organization in the field of science and innovations
Organization in the field of science and innovations:
a) performes scientific fundamental researches, experimental and technological works with the purpose of obtaining
and introduction in economic circuit of new or improved produces, services, processes;
b) elaborates advanced technologies within the scientific directions related to the field of the organization’s activity;
c) performes training of personnel in the system of graduate, post-graduate education and advanced training;
d) elaborates recommendations for use of the results of researches, contributes to their application in the national
economy;
e) performes, examinations and gives recommendations, including for free, on materials, related to the profile of
organization’s activity;
f) carries out marketing researches and organizes new markets for new or improved produces, services, processes;
g) ensures technical equipping and organize production;
h) performes testing, certification and standardization of new or improved produces, services, processes;
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i) creates and develops the infrastructure in the field of innovations and transfer of technologies;
j) assures training, advanced training and rising of qualification of personnel in the field of science and innovations;
k) performes protection, cessation and aquisition of rights on objects of intelectual property, confidential scientific,
scientific-technical and technological information;
l) finances the activity in the field of science and innovations, including by means of investments in projects and
programs;
m) performes other lawful activity in the field of science and innovations.
Article 131. Types and structure of the organizations in the field of science and innovations
(1) Depending on scientific, organizational and social status there are the following types of organizations in the
field of science and innovations:
a) research-development institute with branches;
b) research-development enterprise;
c) innovation enterprise;
d) scientific center;
e) innovation center;
f) scientific station;
g) separate scientific laboratory;
h) institution of high education with structures in the field of science and innovations;
i) scientific-innovation association, scientific technological cluster and scientific educational cluster;
j) scientific fund;
k) innovation fund;
l) financial agency for support of the activity in the field of science and innovations;
m) scientific technological park, innovative incubator and technipolis;
n) scientific museums;
o) scientific libraries;
p) Scientific archive;
q) scientific publishing house;
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r) other organization in the field of science and innovations.
(2) The structure of public law organization in the field of science and innovations, elaborated in accordance with
the strategic directions of science and innovations development, is proposed by its director, is examined and
approved by the scientific council and confirmed by the Supreme Council in coordination, if necessary, with
centralspecialized organ.
(3) Structural subdivisions of public law organization in the field of science and innovations are determined by the
organization’s statute and/or other normative acts.
Article 132. Creation of temporary collectives in the field of science and innovations
(1) For realization of scientific programmes, projects and specific works, the organization in the field of science and
innovations can create temporary scientific collectives.
(2) Founders of temporary scientific collectives can be physical and legal persons, including international and
foreign one, irrespective of the property type and organizational-legal form.
(3) The head of the temporary scientific collective is appointed by the founder and/or head of the organization.
Article 133. Personnel of the organizations in the field of science and innovations
(1) The activity of the organization in the field of science and innovations is perform by the following categories of
personnel:
a) scientific-research personnel;
b) scientific-pedagogical personnel;
c) auxiliary personnel;
d) senior personnel.
(2) Legal status of scientific-research personnel is determined in Chapter X.
(3) Legal status of scientific-pedagogical personnel is determined by the legislation on education.
(4) Legal status of auxiliary personnel is determined by each organization taking into consideration the profile and
field of its activity in accordance with the legislation in force.
33
Article 136. Appealing of the results of competition for substitution of scientific and managerial positions
Appeals, relating to the results of the competition, are submitted, depending on circumstances, to the Academy of
Sciences or central specialized organ within not more that 10 days after the expiration of completition of the
competition and are examined in a term not exceeding 30 days from the date of appeal.
Article 138. Rights and obligations of director of the organization in the field of scienceand innovations
Director of the organization in the field of science and innovations:
a) performs management of organization,assures its efficient work in accordance with the statute and individual
labor contract;
b) organizes elaboration of organization’s activity programs, annual and perspective plans of scientific and
experimental works, training of personnel and performance of scientific activities and control of their execution,
gives estimation of the finished works;
c) organizes cooperation of the organization with domestic and international profile centers;
d) presents, in a prescribed manner an terms, reports on the organization‘s performed work and statistical data on its
activity, reports to collective and superior organization regarding the utilization of public resources;
e) submits for discution of the labor collectiv annual report on organization’s work;
f) assures execution of laws, decrees, decisions of the superior institutions;
g) represents the organization in superior structures, in relations with central and local public administration
authorities, business entities, mass media, national and international scientific organizations;
h) employs and dismisses organization’s employees in accordance with the legislation in force;
i) organizes competition for substitution of vacant positions, attestation of scientific-research personnel;
j) submits according to the decisions of scientific council documents for awarding scientific and scientific-
pedagogical titles;
k) approves results of addmission to graduate and post-graduate education and resultsof annual attestation of
listeners;
l) concludes contracts on exeution of works, necessary for organization activity;
m) bears responsibility in accordance with the legislation in force for efficiency of work of the organization and
administration of human, material and financial resources.
Article 139. Rightsand obligations of deputy director of the organization in the field of science and innovations
Deputy director of the organization in the field of science and innovations:
a) performes fuctions delegated to him by the director, as well as those stipulated in the statute of the organization
and other normative acts, approved by the Academy of Sciences jointly with the central specialized organ;
b) executes obligations of the director in his absence;
c) is responsible for his work to director and scientific council.
Article 140. Rights and obligations of the scientific secretary of the organization in the field of science and
innovations
Scientific secretary of the organization in the field of science and innovations:
a) provides assistance to the director in organizing scientific scientific-organizational activity;
b) performs control over execution of plans of scientific researches and decisions of the central field public
administration authorities;
c) coordinates record keeping in organization;
d) exercises, in case if there is not a position of the deputy director, obligations of the director in his abcense;
e) performs other activity in accordance with the statute of the organization, position obligations.
Article 141. Obligations of the head of the structural subdivision the organization in the field of science and
innovations
The head of the structural organization’s subdivision in the field of science and innovations:
a) organizes the activity of structural subdivision of an organization in the field of science and innovations for
elaboration and execution of plans of scientific researches and experimental works;
b) is responsible for quality of performed works;
c) participates directly in scientific-research works.
Article 142. Legal status and order of creation of the scientific council of organization in the field of science and
innovations
(1) The scientific council of the organization in the field of science and innovations is a consultative body.
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(2) The scientific council is elected by secret vote on the meeting of scientific personnel of the organization in the
field of science and innovations for a period four years from the members of the scientific researchers, which have
academic degree and scientific title, and work in this organization, as well as from outside.
(3) In the componence of the scientific council the number of representatives of the managerial personnel of the
organization in the field of science and innovations shall not exceed one third of the total numbers of the council.
(4) The members of the scientific council are full members and corresponding membersof the Academy of Sciences,
working in organization, as well as head of organization’s trade union and head of the council of young scientists.
(5) At the meetings of scientific council can be invited representatives of the trade unions of the respectives field,
superior institutions, as well as any other person from other organizations in the field of science and innovations.
(6) Scientific council is chaired by the director of the organization.
Article 143. Basic functions of the scientific council of the organization in the field of science and innovations
The scientific council of the organization in the field of science and innovations:
a) determines the perspective directions of the scientific-innovation activity;
b) organizes the evaluation of the organization’s activity thematics, of the results of the activity of its structural
subdivisions, temporary scientific collectives, each scientific researcher and approves the report on organization’s
work;
c) in case of the public law organization elects, on a competitive basis, heads of structural subdivisions and scientific
researchers of the organization in accordance with present code and its statute;
d) elaborates and approves plans in the field of science and innovations based on strategical directions of the
development of domestic science, world science development trends;
e) approves subjects of the dissertations for academic degree competition for Doctor or Doctor-habilitat, as well as
their scientific teachers and consultants;
f) approves the results of attestation of scientific researchers;
g) examines matters of scientific cooperation with similar domestic and international organizations;
h) elects principal editor and editorial board of scientific publications, issued by the organization;
i) approves the regulations of subordinated structural subdivisions, statutes or regulations of economic,
technological and innovation structures, created by the organization or with its participation.
Article 144. Statute of the public law organization in the field of scienceand innovations
The statute of the public law organization in the field of science and innovations, elaborated in accordance with
present code, is approved in a prescribed manner in coordination with the Academy of Sciences and, if necessary,
with the central specialized organ, and is registered in accordance with the law.
Article 145. Content of the statute of the organization in the field of science and innovations
(1) The statute of the organization in the field of science and innovations contains:
a) the name, location and legal form of organization;
b) the basic directions of scientific researches;
c) the structure of the organization;
d) the order of substitution and dismissal from position of scientific-research, auxiliary and managerial personnel;
e) the order of the organization’s functioning;
f) the order of election and functions of scientific council;
g)the obligations of the scientific-research personnel;
h) the method of evaluation and improvement of qualification of scientific-research personnel;
i) the sources of financing;
j) the order of creation,activity and dissolution of subdivisions and temporary scientific collectives.
(2) The statute can contain other provisions, related to particularities of the organization’s activity.
Article 146. Financing of the organization in the field of science and innovations
(1) The public law organization in the field of science and innovations is financed from the state budget and other
sources in accordance with the legislation in force.
(2) The organization in the field of science and innovations can receive support in form of financial allocations and
in other forms (equipping: apparatus, equipment, installations and other) in accordance with the legislation in force.
(3) The organization in the field of science and innovations is empowered to decide on investments made from own
resources, bank credits, as well as from other resources, created in accordance with the law.
(4) The organizationin the field of science and innovations administers financial resources, allocated from state
budget, received as a result of competition or in accordance with the financing plan, approved by the Academy of
Sciences.
(5) Resources, allocated from the state budget for financing of the organization in the field of science and
innovations are used for:
a) performance of scientific researches;
b) maintaining and development of material, informational base infrastructure;
c) organization and cerrying out scientific activities;
d) publishing scientific works and scientific magazines;
35
e) training, continuos education performance of scientific personnel attestation;
f) payment of communal services.
(6) Non-budget financial resources of the organization in the field of science and innovations are formed and used in
accordance with the normative acts in force, including for resolving of social problems.
Article 147. Property of the organization in the field of science and innovations
(1) Property of the organization in the field of science and innovations includes:
a) property transferred to it for utilization by the Academy of Sciences and/or central specialized organ;
b) property obtained from own sources;
c) intellectual property or property resulted from the performance of scientific researches, as well as carring out of
antreprenorial activity;
d) property obtained in accordance with the law from sponsorship, in form of donations, humanitarian, technical and
other assistance.
(2) Land lots are alloccted for utilization to the organization in the field of science and innovations in accordance
with the law.
(3) Norms of posession, utilization and administration of property of the organization in the field of science and
innovations are prescribed by the legislation in force.
(4) Public law organization in the field of science and innovations has the right, with the consent of trhe owner, to
rent, without the right to sell, premises, other immovable property, as well as to provide services for fee in this field
in accordance with the legislation in force.
Chapter X
LEGAL STATUS OF THE SCIENTIFIC RESEARCHER
36
(3) In order to fill in the position of of senior scientific researcher it is required to have a PhD degree in respective
field and minimum 5 years of work experience in the field of science and innovations.
(4) In order to fill in the position of leading scientific researcher it is required to have an academic degree of Doctor
or Doctor-habilitat in respective field, minimum 8 years of work experience in the field of science and innovations,
and published scientifically significant works.
(5) In order to fill in the position of principal scientific researcher it is required to have an academic degree of
Doctor-habilitat or scientific-pedagogical title of university professor and/or scientific title of professor-researcher
and minimum 10 years of work experience in the field of science and innovations.
(6) In order to fill in the position of scientific consultant it is required to have the title of full member or
corresponding member of the Academy of Sciences and/or academic degree of Doctor-habilitat, scientific title of
professor-researcher and/or scientific-pedagogical title of university professor, minimum 30 years of work
experience, including 25 years of activity in the field of science and innovations and/or scientific-pedagogical
activity, as well as to reach the the retirement age, stipulated by the legislation in force.
(7) Invited scientific researcher is employed within the organization in the field of science and innovations in the
position indicated in invitation, in accordance with the provisions of parts (1)-(6), by concluding an individual
employment agreement.
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g) avoid conflict of interests or unlawfull competition, actively contribute to the creation within the collective of
favorable climate for research work;
h) permanently accumulate knowledge and contribute to the dissemination of information and understanding by
public of the important role of science and innovations;
i) use the property of the organization exclusively for professional activity in its interests;
j) respect confidentiality and rights on intellectual property;
k) do no distort experimental data and results of researches.
(4) Scientific researcher has the right to a monthly 25-percent raise in position’s wage for speeking of two and more
languages.
(5) Scientific researcher, working in public law organization in the field of science and innovations, fully financed
from state budget or financed as a result of competition of projects and programs of the Academy of Sciences, and
having academic degree Doctor-habilitat and/or scientific-pedagogical title of university professor and/or scientific
title of professor-researcher, has the right to monthly remuneration amounting to not less than 700 lei, and scientific
researcher, having academic degree of Doctorand/or scientific-pedagogical title of university conferenciar and/or
scientific title of conferenciar-researcher - amounting to not less 300 lei. The amount of remuneration annually is
indexed in accordance with the Law on state budget.
(6) For achieved results the scientific researcher can receive a premium amounting to four monthly salaries in
accordance with the legislation in force and conditions of individual employment agreement.
(7) The scientific researcher is granted annual material assistance amounting to two monthly salaries.
Part IV
INTERNATIONAL RELATIONS
IN THE FIELD OF SCIENCE AND INNOVATIONS
Article 160. International cooperation in the field of science and innovations
(1) The state supports the extension of the cooperation with foreign partners in the field of science and innovations,
creates favorable conditions for integration in international scientific-technical comunity in accordance with the
legislation in force.
38
(2) State support of international cooperation in the field of science and innovations is made in accordance with the
international agreements, to which the Republic of Moldova is a party.
(3) On the territory of the Republic of Moldova organizations in the field of science and innovations with joint
capital can be created in accordance with the legislation in force.
Part V
FINAL AND TRANSITORY PROVISIONS
Article 162
On the day of entering into force of this code the following laws are abrogated:
a) Law on state policy in the field of scientific research and development N 557-XIV dated July 29, 1999;
b) Law on the Academy of Science of Moldova N 1181-XIV dated July 27, 2000;
c) Law on scientific-technological information N 1344-XV dated October 3,
2002;
d) Law on state policy in the field of innovations and transfer of technologies N 289-XV dated July 10, 2003.
Article 163
(1) The Government and Academy of Sciences in two months term from the date of entering into force of this code:
a) will adopt the decision regarding the transmition of public law organizations in the field of science and
innovations,financed from the state budget within the Academy of Sciences;
b) submit to the President of the Republic of Moldova for approval the composition of the personnel of the National
Council for accreditation and attestation.
(2) The Government in one month term from the date of entering into force of this code will create a state enterprise
– State Agency on Intellectual Property through the fusion of the State Agency for protection of industrial property
and State Agency for copyright.
(3) The Academy of Sciences in three months term from the date of entering into force of this code will approve the
structure of the Academy of Sciences, order of reorganization and list of organizations in the field of science and
innovations included in the componence of the divisions of the Academy of Sciences.
(4) Organizations in the field of science and innovations, receiving subsidies from state budget, are subject to
compulsory accreditation in a period of not more than one year from the date of entering into force of this code.
Article 164
(1) Provisions of the normative acts in force until their conformity with this code apply in the limits which do not
contravene it.
(2) Management of the Academy of Sciences - President, Deputy – President and general scientific secretary-
continue to execute their position’s obligations until the expiration of the term of powers (four years), for which they
were elected in accordance with the Law of the Academy of Sciences of Moldova N 1181-XIV dated July 27, 2000.
(3) At the expiration of the term of powers the management of the Academy of Sciences, stipulated in paragraph (2),
further terms of powers of the President, First Deputy President, Deputy Presidents and general scientific secretary
are determined in accordance with Articles 82-84 of present code.
(4) The Government in three months term shall:
) submit to the Parliament proposals on bringing of the legislation in accordance with present code;
b) bring its normative acts in accordance with present code.
CHAIRMAN
OF THE PARLIAMENT EUGENIA OSTAPCIUC
Chisinau, July 15, 2004
N 259-XV.
39
Annex 1
REGULATION
ON ACCREDITATION OF ORGANIZATIONS IN THE
FIELD OF SCIENCE AND INNOVATIONS
I. GENERAL PROVISIONS
1. Present regulation stipulates the procedure of evaluation of the activity and accreditation of the organizations in
the field of science and innovations irrespective of their form of property and organizational-legal form, including
their structural subdivisions (centers, laboratories, units, sectors and other).
2. The evaluation of the activity of the organization in the field of science and innovations includes evaluation of:
a) thematics of researches in the field of science and innovations and level of its conformity with the science
development trends in respective fields and strategic directions of development of society on the temporary stage;
b) efficiency of the work of the organization in the field of science and innovations, as well as the conformity of
obtained results with the outlined goals;
c) scientific and scientific-technical level of finished researches and development;
d) perspective of performed researches;
e) patented researches, development and experimental tests;
f) organization’s contribution to the development of science and assurance of scientific-technical progress in
respective field;
g) social and environmental impact of the implementation of scientific and technological progress;
h) results of the scientific cooperation of the organization on the national and international level (evaluation of
cooperation with organizations of similar profile in the field of science and innovations, high education institutions
of high education from country and abroad);
i) level of the ensurance of the organization with scientific equipment and degree of scientific potential use;
j) determination of the level of assurance of thematics researches with scientific staff of high qualification and
activity for training of this staff;
k) purposeful use of budget financial and material resources, allocated for performance of scientific-innovation
activity;
l) activity, aimed to obtaining of non-budgetary financial resources for activity support in the field of science and
innovations.
3. The purpose of the evaluation of the activity of organization in the field of science and innovations is the
elaboration of measures for increase of efficiency of use of scientific-technical and human potential, aimed to:
a) bringing to actuality the thematics of researches and their aiming to solve vital society problems;
b) mobilization of human, financial and material resources for resolving of perspective scientific problems,
development of advanced technologies;
c) rising competitiveness of scientific researches and technological development;
d) optimization of organizational structure;
) support and development of scientific schools.
4. For the purpose of carrying out the evaluation process of the activity and accreditation of organizations in the
field of science and innovations the Committee for accreditation of organizations in the field of science and
innovations (hereinafter-Committee for accreditation ):
a) creates specialized commissions, which perform its activity on the basis of regulation, approved by National
Council for accreditation and attestation (hereinafter – National Council);
b) elaborates and approves annually before August 1 the plan of carrying out the activity of evaluation and
accreditation of organizations in the field of science and innovations for the following calendar year;
c) organizes publishing of blanks of Certificates of accreditation of organization in the field of science and
innovations which has several degrees of protection, the form of which is provided in the attachment 1 to this
regulation and which has several degrees of protection.
5. The organization in the field of science and innovations, included in the plan of carrying out of the evaluation and
accreditation, submits to the Committee for accreditation a report on self-assessment, and one month before starting
the evaluation process - the document which confirms the payment for services of evaluation and accreditation.
6. Evaluation of the activity of organization in the field of science and innovations is made on the basis of data
contained in the Statistical card of the organization in the field of science and innovations and in List of materials,
requested from the organization in the field of science and innovations for carring out of evaluationand accreditation
(Attachment 2 and 3 to this regulation respectively).
7. Organization in the field of science and innovationsis is obliged to submit to the Committee for accreditation
other materials, necessary for carrying out the evaluation, including: reports, technological maps, protocols and acts
on transfer of performed works, list of obtained patents and implemented inventions, list of works, performed in
40
cooperation with other organizations in the field of science and innovations, with domestic and foreign high
education institutions, list of works, performed at order (on contractual base), information on participation of
organization in different national and international fairs and exhibitions and evaluation of submitted exhibits, other
materials.
8. The head of the organization in the field of science and innovations is responsible for the authanticity of the
submitted information.
9. Members of the Committee for accreditation and specialized commissions are obliged to keep confidentiality of
information, to which they had access in the process of carrying out the evaluation and accreditation.
10. Objectives of evaluation of the activity of organization in the field of science and innovations is to determine its
contribution to the development of fundamental and applied science, as well as the development and implementation
of innvovation scientific-technical ideas.
11. At the execution of the investigation plan the following factors are taken into consideration:
a) degree of the performance of the investigation plan, observance of expected volume of the researches and planed
elaborations and terms of its execution;
b) level of performance of scientific works and its conformity with the requirements of the central specialized
organs;
c) share of fundamental and applied researches in the total volume of finished scientific works;
d) degree of correspondence of obtained scientific results with those planed of the research work;
e) works performed additionally.
12. Particular attention shall be paid to the presence in the thematics plan of researches and development,
contributing to rehabilitation and development of national economy, performance of priority goals of society
development, culture, prosperity and improvement of quality of life, creation of technological processes, capable to
significantly reduce or exclude environment pollution and/or contribute to more rational use of natural and energy
resources.
13. During the evaluation of the scientific level of the activity of the organization in the field of science and
innovations the following factors are taken into consideration:
a) novelty and perspective of researches and development, their patent protection and public acknowledgment;
b) proportion of researches and elaborations with results corresponding to world level and appreciated with state
prizes, and those of the Academy of Sciences, distinctions and diplomas on different national and international fairs
and exhibitions, in total cost of works volume, performed in the reported period;
c) total quantity of performed scientific publications (monographies, generalized researches,scientificarticles) in the
reported period, quantity of scientific works published abroad, and works on which reviews were published in
international specialized magazines;
d) number of scientific works of one researcher (on each year);
e) participation of the organization in the publication of profile scientific magazines;
f) number of obtained and sold patents, as well as number of patents of one researcher.
14. During the evaluation of the activity of the organization in the field of science and innovations relating to the
implementation of the results of the researches and finished elaborations the following factors are taken into
consideration:
a) number of applied elaborations, as well as entities where they were implemented (including in cooperation with
other organizations in the field of science and innovations from the country and abroad);
b) economic effect of the implemented elaborations;
c) number of technological and technical developments, ready for implementation, and possible fields of their
application.
15. During the evaluation of the cooperation of the organization in the field of science and innovations with high
education institutions the following factors are taken into consideration:
a) forms and extent of cooperation;
b) presence of joint research structures;
c) number of jointly performed researches and organized scientific activities;
d) number of lecture courses, given in institutions of high education, works on Master, term works, prepared under
guidance of organization’s scientific researchers.
16. During the evaluation of the international scientific cooperation of the organization in the field of science and
innovations the following factors are taken into consideration:
a) number of works, performed jointly with foreign partners;
b) number of probations in different foreign organizations in the field of science and innovations and institutions of
high education, number and amount of grants received;
c) participation in scientific activities with indication of number of published theses of scientific information;
d) number and efficiency of scientific missions, as well as number of visits of foreign researchers;
e) availability and efficiency of the legal base of cooperation (agreements, contracts and other legal forms of
international scientific cooperation).
41
17. During evaluation of scientific human potential the following factors are taken into consideration:
a) level of assurance of the organization, in general, and especially of the scientific directions with scientific staff of
high qualification;
b) proportion in the collective of scientific researchers with academic degree of Doctor and Doctor-habilitat;
c) number of realized competitions for filling in vacant positions and re-election of scientific researchers;
d) status of training of scientific personnel through Doctorat (results of addmission of PhD candidates and their
graduation, defence of Doctor and Doctor-habilitat dissertations, presence of graduated PhDs continuing their work
within the organization).
18. During the evaluation of the material-technical potential the following factors are taken into consideration:
a) level of equipping with scientific equipment, characterized by cost of laboratory equipment, apparatus and
electronic equipement for one researcher and for one technical employee, involved in scientific researches;
b) share of scientific equipment and information equipment in total amount of basic funds;
c) degree of wear of apparatus and scientific equipment (less than 5 years, 6 - 10 years, more than 10 years).
19. The analysis of the financial and economic activity is made by taking into consideration the:
a) evaluation of observance of financial discipline;
b) rationality of financial resources use, allocated for activity in the field of science and innovations, and the
efficiency of the uuse of scientific apparatus;
c) correctness of technical exploitation and sanitary status of buildings;
d) execution of approved expenditure estimate;
e) share of non-budgetary sources in the total amount of financing and structure of the organization’s expenditures.
20. Results of the scientific activity of the organization in the field of science and innovations are examined in close
connection with factors, assuring progress of good results or caused revelation of deficiencies.
21. On the basis of the analysis of the information, submitted by the organization in the field of science and
innovations, and additionally required information, specialized commision draws up the recommendation on the
results of the evaluation of the activity of this organization for reported period, following the criteria, stipulated by
the regulation of specialized commission. The recommendation contains a short characteristic of the activity of the
organization, including its basic directions, suggestions for evaluation of the activity, propsals regarding the
improvement and elimination of revealed deficiencies. The recommendation is approved by absolute majority of
members of the specialized commission and is signed by them. Member of specialized commission, with a separate
opinion, has the right to state it in written and attach to the recommendation of the specialized commission.
22. The procedure for accreditation of the organization in the field of science and innovations is made as follows:
a) organization submits to the specialized commission a report on self-evaluation, approximative indices of which
are stipulated in atachments 2 and 3 to this regulation;
b) the specialized commission taking into consideration report on self-evaluation of the organization’s activity and
results of the evaluation carried out, draws up the recommendation regarding this organization generally and/or its
subdivisions, which is transmited to the Committee for accreditation;
c) the Committee for accreditation on the basis of the recommendation of the specialized commission adopts a
decision on accreditation or non-accreditation of organization and/or its subdivisions, which is approved by the head
of the National council;
d) after the publication in the Official Monitor of the Republic of Moldova of the decision of the National council, a
certificate on accreditation is issued to the organization;
e) results of the evaluation and accreditation of the organization is braught to its collective notice.
23. Private law organization in the field of science and innovations bears the expenses for payment of services for
evaluation and accreditation from its own resources. Financial resources for payment of such services, provided to
public law organizations in the field of science and innovations, included in the plan for carrying out the evaluation
and accreditation, are included in the statements of expenditures by the superior instancies, using for this purpose
budgetary and non-budgetary resources.
24. Financial resources, obtained for provision of services for evaluation and accreditation of organizations in the
field of science and innovations, are accumulated in a special account of the National council and are used in
accordance with the instructions on special resources of the organizations, financed from state budget.
42
Attachment 1
to the Regulation of accreditation
of the organizations in the field of science and innovations
Model
Series_____N_____ dated____________200___
Present certificate confirms, that the organization in the field of science and innovations
____________________________________________________________
(full name of theorganization
________________________________________________________________________
and its branches)
is accredited by the state in accordance with the Code of the Republic of Moldova on science and innovation.
Seal
Head
_________________________
(signature, name, surname)
43
Attachment 2
to the Regulation of accreditation
of organizations in the field of science and innovations
I. General information
1.1. Name of the organization
1.2. Year of establishment
1.3. Status of the organization
1.4. Basic scientific directions
1.5. Organizational structure
1.6. Availability of scientific council
II. Human resources
2.1. Total positions (according to the list of members of staff) including filled in positions
2.2. Structure of the personnel by the type of activity
2.2.1. Personnel in the field of science and innovations, total including scientific researchers:
- regular
- engaged pluralistically
2.2.2. Auxiliary personnel, total
Vacant positions
2.2.3. Managerial personnel, total
Vacant positions
2.2.4. Scientific-pedagogical personnel, total including:
regular employee
regular employee in high education institution
2.3. Structure of the personnel by level of education
2.3.1. With high education
including:
members and corresponding members
Doctor-habilitat
Doctor
2.4. Personnel, engaged in study
2.4.1. PhD candidates, total
including:
) PhDs studying in the organization, total
continuing scientific activity in the organization
b) PhDs studying in other organizations, total
of them abroad
2.4.2. Competitors, total
2.4.3. Probation abroad (more than one month), quantity
staff/total months
2.4.4. Defended dissertations, total
of which for competition for academic degrees:
Doctor-habilitat
Doctor
2.5. Age componence of the personnel in field of science and innovations:
until 30 years
31-45 years
46-60 years
senior 60 years
III. Financial resources of
3.1. Source of financing, total (thousand lei)
including:
state budget
national projects/grants
international projects/grants
economic agreements
provision of scientific services
other sources
3.2. Real expenditures, total (thousand lei), of them share in total
financing (%)
including:
44
remuneration and social fund
procurement of scientific equipment, training of personnel
payment of communal and other services
3.3. Amount of expenditures on science and innovations
including:
relating to total amount of expenditures (%)
for one scientific researcher
IV. Material-technical potential
4.1. Availability of spaces suitable for performance of scientific researches, total (sq.m)
including:
own
received for use
rent
4.2. Scientific aparatus, total (thousand lei)
for one researcher
4.3. Age characteristics of scientific aparatus, total (%)
including:
until 5 years
6 - 10 years
More than 10 years
V. Results of the activity in the field of science and innovations
5.1. Number and volume of (in publishing sheets) published scientific works
including:
in reviewed magazines
abroad
average number of published works per one researcher
Total average of expenditures per one published work (thousand lei)
5.1.1. Number of published:
monographies
vocabularies
collections and other.
5.1.2. Number of performed/unpublished:
monographies
vocabularies
collections and other.
5.1.3. Number of obtained patents
5.1.4. Number of scientific and technological development
5.1.5. Number of scientific works, results of which is implemented
5.1.6. Number of organized international/national
Scientific activities
5.1.7. Participation in national scientific activities (number)
5.1.8. Number of recommendations, examinations of drafts legislative and normative acts, programs and projects in
the field of science
and innovations
VI. Cooperation with other organizations from country.
Forms of cooperation
6.1. University teaching activity, number
man/courses of lectures by each education institution
6.2. Number of training materials (manuals) published for high education institutions and preuniversity education
6.3. Number of Master works (degree works/term papers), performed
Under guidance of organization’s scientific researchers
6.4. Performance of programs (projects, works) jointly with other organizations (number of engaged persons,
projects and joint works)
6.5. Number of jointly created subdivisions in the field of science and\innovations (specify their name)
6.6. Number of branches of the organization in institutions of high education and branches of institutions of high
education and departments in the organization
6.7. Forms of cooperation with central specialized organizations
VII. International cooperation
7.1. Bilateral cooperation
7.2. Cooperation in the framework of eurpoean and international program
7.3. Number of works, performed for foreign customers
(specify country)
7.4. Participation in the activity of international scientific societies
(specify name, number)
45
7.5. Number of members of international scientific organizations and national scientific organizations abroad
7.6. Number of members of editorial boards of foreign scientific publications
7.7. Number of experts, consultants of international scientific organizations
7.8. Number of lectures and conferences given and carried out abroad by invitation
7.9. Participation in international scientific activities abroad/published theses (number)
7.10. Number of foreign scientists who visited the organization
46
Attachment 3
to the Regulation of accreditation of organizations in the field of science and innovations
LIST OF MATERIALS,
REQUESTED FROM ORGANIZATIONS IN THE FIELD OF SCIENCE
AND INNOVATIONS FOR CARRYNG OUT THE EVALUATION AND ACCREDITATION
Note. List shall contain full bibliographic description of publication according to current standards.
47
Attachment 4
Model
Present certificate confirms, that the organization in the field of science and innovations
______________________________________________________________
(organization’s full name)
________________________________________________________________________
and its branches)
accredited by the state in accordance with the Code of the Republic of Moldova n science and innovations,
are_________________________________
(institutional, profile,
___________________________ member of the Academy of Sciences of Moldova.
affiliated)
Seal
Head
_____________________________
(signature, name, surname)
Attachment 3
48
REGULATION
ON ATTESTATION OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL
PERSONNEL OF HIGH QUALIFICATION
1. Profesional qualification of scientific and scientific-pedagogical personnel is confirmed by scientific degrees and
scientific-pedagogical titles.
2. In the Republic of Moldova two scientific degrees are awarded: Doctor and Doctor-habilitat. The scientific
worker who manifested his capabilities in scientific-research activity is awarded a scientific title of conferenciar-
researcher, and the scientific worker who manifested his capabilities in education process of the high education
institutions, is awarded a scientific-pedagogical title of university-conferenciar.
3. To conferenciar-researcher, who achieved new significant scientific results and manifested himself in training of
the scientific personnel of highest qualification, is awarded scientific title of professor-researcher. The university-
conferenciar, who manifested himself in educational process during training of the scientific personnel of high
qualification and achieved new scientific results, is awarded scientific-pedagogical title of professor-conferenciar.
4. With the purpose of giving equal conditions to all candidates in obtaining degrees and titles in the Republic of
Moldova a unique national system of attestation of scientific and scientific-pedagogical personnel of high
qualification works, and is administered by the National Council for accreditation and attestation (hereinafter –
National Council).
5. For attestation of scientific personnel of high qualification the Committee for attestation of scientific and
scientific-pedagogical personnel of the National Council (hereinafter- Committee for attestation) creates in
accredited organizations in the field of science and innovations and in institutions of high education, which have
state accreditation and significant scientific progress, a network of specialized scientific councils.
6. The nomination of scientific workers for awarding of scientific degrees, scientific and scientific-pedagogical titles
is made by the scientific councils of the organizations in the field of science and innovations and senates of the
accredited institutions of high education.
7. Specialized scientific council is the principal section in the national system of attestation of scientific personnel. It
organizes public defense of dissertations of Doctor/Doctor-habilitat and bears the entire responsibility for the
correctness and objectiveness of their evaluation.
8. Scientific councils of the organization in the field of science and innovations and senates of the high education
institutions, which have the right to create specialized scientific councils, appoint members of profile seminar and/or
problematic Committees for respective specialities and their heads, which bear the responsibility for evaluation of
dissertations of Doctor/Doctor-habilitat.
9. Specialized scientific councils are organized ad hoc for each dissertation separately and act in accordance with the
regulation approved by the National council. The examination by the same council of (at the separate sessions) two
and more dissertations for academic degrees of Doctor/Doctor-habilitat for the same speciality on adjacent thems is
admitted.
10. Specialized scientific council consists of five members, including the head and scientific secretary, which have
scientific works on speciality, to which examined dissertation is related.
Candidates members of specialized scientific council are nominated by the the profile seminars and/or problematic
Committees, which recommended the dissertation for defence. At least one of the members of specialized scientific
council shall be from the scientific researchers of another organization. Additionally within the componence of the
council can be included up to four Doctors-habilitat on a founded solicitation.
11. In the componence of the specialized scientific council with the right of award of academic degree of
Doctor/Doctor-habilitat shall be correspondenly two and three Doctors-habilitat. Additionaly in the componence of
the council could be included upon a founded solicitation four Doctors-habilitat.
12. Scientific councils of the organizations in the field of science and innovations and senates of high education
institutions appoint for a four year term heads (separately for each speciality) and scientific secretaries of (for each
speciality separately or for group of related specialities) the specialized scientific councils, created in these
organizations or high education institutions. Respective organization in the field of science and innovations or high
education institution assures remuneration of scientific secretary.
13. As the head of specialized scientific councilis may be appointed a regular scientific researcher of this
organization, who has academic degree of Doctor-habilitat. As scientific secretary of specialized scientific council
may be appointed regular scientific researcher of this organization, who has scientific degree of Doctor or Doctor-
habilitat. Scientific secretary bears the entire responsibility for the quality of documents, submitted to the National
Council.
14. The specialized scientific council is created exclusively in accredited organizations in the field of science and
innovations and high education institutions, accredited for those specialities, for which they are approved as
organizations, which foundPhD studies, not earlier than three years after the approval of this status and which
possess the respective scientific potential for competent and strict examination of dissertations for academic degree
of Doctor/Doctor-habilitat for respective speciality.
15. Organization, in which act specialized scientific council, assures necessary conditions of work, covers all
expenses, related to its activity (including remuneration of council members and official opponents, mission
expenses and per diem), and bears the responsibility for its work.
49
Dissertation represents the results of the research of the author and is defended by him for the purpose of obtaining
of the academic degree of Doctor/Doctor-habilitat.
16. Dissertation for the academic degree of Doctor/Doctor-habilitat represents a original scientific work, performed
on the basis of own published scientific work for the purpose of obtaining of the academic degree of Doctor/Doctor-
habilitat, which contain new results of theoretical and/or experimental researches, which are the contribution of the
candidate to science.
17. Dissertation for the academic degree for Doctor/Doctor-habilitat represents a specialized scientific council in a
form of manuscript or, as an exception, in the form of scientific report in accordance with the normative acts of the
National Council.
18. In the introduction of the dissertation the following factors shall be identified:
a) actuality of analyzed thems and degree of its study;
b) goal and objectives of dissertation;
c) scientific novelty of obtained results;
d) theoretical significance and practical value of work;
e) approvment of the results.
19. Content of the dissertation is specified in such a manner that the value of the results of the author’s research and
their place in th circle of other scientific develpment in country and world are seen.
20. Last part of the disertation shall contain:
a) summary of the obtained results;
b) conclusions and proposals;
c) list of literature;
d) list of abbreaviations used in the dissertation.
21. Dissertation for academic degree of Doctor shall be based on not less than five published scientific works of the
candidate, including two published in the reviewed scientific magazines and two published without co-authors.
22. Dissertation for academic degree of Doctor-habilitat shall be based on not less than 20 scientific works,
published after defence by the author of dissertation for academic degree of Doctor (including monographies and/or
survey articles, not less than eight works shall be published in reviewed scientific magazines, five works-without
co-authors), and the results of the scientific research, exposed in the dissertation, shall be approved by not less than
five international scientific forums on speciality.
23.Scientific works are considered the following types of publications:
a) monographies;
b) manuals for university and school education institutions; education-methodica textbooks (for dissertation on for
academic degree of Doctor/Doctor-habilitat of pedagogical science);
) articles, published in collections of scientific works on speciality, recommended for publication by scientific
councils of organizations in the field of science and innovations or senates of high education institutions;
d) articles, published in scientific magazines;
) author certificates for inventions;
f) published theses and information materials of scientific conferencies, simpiziums, congresses of national and
international level.
24. List of scientific editions for each field of science (or group of specialities) approved by the National Council
and published on its site.
25. Public defence of the dissertation on competition for academic degree of Doctor/Doctor-habilitat is preceded by
its examination of official opponents. Official opponents shall be specialists in this field of science, to which the
examined dissertation relates, shall not have joint works with candidate, shall possess such qualities as objectivity,
principiality and impartiality.
The activity of the official opponents and their number is regulated by the normative acts of the National council.
26. The official opponent gives reference, in which he evaluates the scientific level of the dissertation and degree of
its conformity with the requirements of this regulation and other normative acts of the Government and of the
National Council. Signed and certified reference shall contain evaluation of each of compulsory parts of the
dissertation, including the confirmation of the conformity of the published work to the content of the dissertation,
general and analytical evaluation, and founded consclusions relating to the scientific values originality of the
dissertation in the context of last developments in this field of science.
27. Scientific and scientific-pedagogical titles are assigned by the National Council at the proposal of the scientific
councils of accredited organizations in the field of science and innovations and senates of the accredited high
education institutions subject to the availability of reference by the Academy of Sciences and Ministry of Education
respectively.
28. Scientific-pedagogical title of university conferenciar-/scientific
The title of the conferenciar-researcher is assigned to persons, employed on competitive basis or attestation (with
education burden of not less than 0,25 pedagogical salary rate) not less than one year in the position of university-
conferenciar or senior scientific researcher (or other superior position), having scientific degree of Doctor or Doctor-
habilitat, who published more that 15/20 scientific and educations-methodical works and having scientific-
pedagogical/scientific experience not less than 5 years, participating in educational process of high education
institutions/ training of new generation of scientific researchers.
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29.The scientific-pedagogical title of the university-conferenciar could be awarded to workers of culture, arts and
sports without an academic degree, if they have honorary titles of the Republic of Moldova (or other states) held for
not less than 4 years as a result of the competition or selection in the position of university-conferenciar (or superior
scientific-pedagogical position), are authors of more than 20 significant works in respective field (including movies,
literature, musical productions, works of fine arts and other), are authors of programs and methodical manuals,
applied in educational process, participated not less than 10 years in the educational process of high education
institutions and trained not less than three disciple, who became possessors of honorary titles, laureates of national
and international competitions or are sportsmen-recordsmen.
30. The scientific-pedagogical title of university-conferenciar is awarded to persons, who participated for not less
than 10 years in educational process of colleges or other secondary special education institutions, at request of the
pedagogical councils of these education institutions, if the mentioned person have scientific degree of Doctor or
Doctor-habilitat, published more than 15 scientific and educational-methodical works (monographies, manuals),
used in educational process.
31. Scientific-pedagogical/scientific title of professor-conferenciar/professor-researcher are assigned to persons,
holding as a result of competitive selection or attestation the position of the professor-conferenciar/leading scientific
researcher (or superior position) not less than one year, having scientific degree of Doctor-habilitat and scientific-
pedagogical/scientific title of university-conferenciar/conferenciar-researcher, who published more than 40/45
significant scientific and education-methodical works (in reviwed magazines of speciality), monographies, manuals
and other, not less five of which were published after the defence of dissertation for academic degree of Doctor-
habilitat, having a work experience in scientific-pedagogical/scientific activity not less than 10 years, participating
in educational process of high education institutions/training of new generations of scientific researchers, have
trained not less than 2/3 of Doctors and/or Doctors-habilitat.
32. The scientific-pedagogical title of professor-conferenciar could be awarded to persons, having scientific degree
of Doctor and scientific-pedagogical title of university-conferenciar /conferenciar-researcher, however holding the
position of professor-conferenciar/leading scientific researcher (or superior position) for not less than four years as a
result of the competition or attestation, have published more than 40/45 significant scientific and methodical works
(in reviewed magazines of speciality), monographies, manuals and other, having experience of scientific-
pedagogical/scientific activity not less than 20 years, participation in educational process of high education
institutions/training of new generations of scientific researchers, who trained not less than 4/5 Doctors.
33. The scientific-pedagogical title of professor-conferenciar could be awarded to workers of culture and arts, if they
possess scientific-pedagogical title of university-conferenciar, however do not have academic degree, are noted as a
remarkable personality in the field of their activity, are possesors of honorary titles of the Republic of Moldova (or
other states), hold as a result of competition the position of the professor-conferenciar (or superior position) for not
less than four years, have more than 30 significant works in the field of their activity (movies, literature, musical
productions, works of fine arts and other), 10 of which are published after awarding to them of titles of university-
conferenciar,participate in educational process of high education institutions not less than 20 years, composed
manuals, methodical programs and textbooks, applied in education process, trained not less than five disciples,
having honorary titles, being laureates (holders of diplomas) of national and international competitions.
34. In the field of sport the scientific-pedagogical title of professor-conferenciar could be awarded also to persons,
not having academic degree of Doctor and scientific-pedagogical titles of university-conferenciar, however holding
position of trainer, having the titl "Om emerit" (“Honorary Man”), holding for not less than 4 years the position of
the professor-conferenciar (or superior position) as a result of the competition or attestation, having published more
than 30 significant scientific and education-methodical works, used in pedagogical practice, at least 10 of which –
after awarding to them of scientific-pedagogical titles of university-conferenciar, participating in educational
process of high education institutions not less than for 20 years, having trained not less than two sportsmen-
recordsmen, prize-winners of Europe, world championships, Olympics.
35. Request for acknowledgement and equalization of the scientific degrees, scientific and scientific-pedagogical
titles, awarded in other countries, are submitted to the National Council personally by possesors of these titles.
36. In accordance with the Regulation of acknowledgement and equalzation of scientific degrees, scientific and
scientific-pedagogical titles, obtained abroad, approved by the Government, attestation matters on acknowledgement
of scientific degrees, scientific and scientific-pedagogical titles are examined by commissions of experts in the
respective field or, in absence of such, by ad hoc commissions of experts.
37. The institution of experts of the National Council consists of commissions of experts by knowledge fields,
independent experts and ad hoc commission of experts, which act according to their regulation, approved by the
National Council.
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