PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 25, 2006 No. 356

About state registration of research, developmental and experienced and technological works

List of amending documents

For the purpose of forming of information resources on research, developmental and experienced and technological works in the territory of the Republic of Belarus:

1. Determine that:

the research, developmental and experienced and technological works important for realization of priorities of social and economic development, development of new engineering procedures, the knowledge-intensive, competitive products, forming of the perspective scientific directions are subject to state registration;

financing of state registration of research, developmental and experienced and technological works according to the procedure, determined in this Decree, is performed at the expense of means of the republican budget;

since January 1, 2006 to entry into force of this Decree the research, developmental and experienced and technological works registered in the state register of research, developmental and experienced and technological works, according to the procedure, established by Council of Ministers of the Republic of Belarus are exempted from the tax discharge on value added.

2. Approve the enclosed Regulations on procedure for state registration of research, developmental and experienced and technological works.

3. To Council of Ministers of the Republic of Belarus:

annually when forming the draft of the republican budget for the next financial year in accordance with the established procedure to provide financing of state registration of research, developmental and experienced and technological works at the expense of the means provided on applied scientific research, scientific and technical programs and projects;

in two-month time to provide reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

4. This Decree becomes effective in two months from the date of its official publication.

Approved by the Presidential decree of the Republic of Belarus of May 25, 2006 No. 356

Regulations on procedure for state registration of research, developmental and experienced and technological works

1. In this Provision are determined procedure for state registration of research, developmental and experienced and technological works (further, unless otherwise specified, - works) and requirements to maintaining the state register of works (further, unless otherwise specified, - the state register), to forming and use of information resources of the state register.

This Provision does not extend much registration and maintaining the state register of the works containing the data constituting the state secrets, determined by separate regulatory legal act of the President of the Republic of Belarus.

2. The works important for realization of priorities of social and economic development, development of new engineering procedures, the knowledge-intensive, competitive products, forming of the perspective scientific directions irrespective of sources of financing of works which are performed by the organizations irrespective of patterns of ownership and subordination and individual entrepreneurs (daleeorganizatsii-contractors) in the territory of the Republic of Belarus are subject to state registration.

State registration of works is performed by results of their departmental scientific and technical and (or) state scientific and (or) state scientific and technical the examinations performed by departmental scientific and technical advisory councils or the State advisory councils within functioning of single system state scientific and state scientific and technical examinations regarding compliance to the requirements determined in part one of this Item.

Departmental scientific and technical examination is performed:

the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, National academy of Sciences of Belarus - concerning the works performed by the organizations which are under supervision (being part) of these bodies and the organizations and also economic societies, shares (share in authorized funds) of which are in state-owned property and are transferred to the control to republican state bodies and other state organizations;

The state committee on science and technologies - concerning works of other applicants, including individual entrepreneurs.

The works which underwent in accordance with the established procedure state scientific and (or) state scientific and technical examinations are not subject to additional departmental scientific and technical examination.

The works which passed in accordance with the established procedure the departmental scientific and technical examination when forming plans of the research and development of nation-wide and (or) industry appointment aimed at scientific and technical providing activities of state bodies, and also financed by means of innovative funds according to the procedure established by the President of the Republic of Belarus, repeated departmental scientific and technical examination (after the conclusion of contracts with the organization contractor or the edition of other documents (in the absence of the agreement), including administrative, being the basis for performance of work and determining relations between the organization contractor and the customer) are not subject.

3. State registration of works, and also maintaining the state register and organizational technical supply of use of information resources of the state register are performed by public institution "Belarusian institute of systems analysis and information support of the scientific and technical sphere" (further - organization).

4. The organization contractor for state registration of work in two-month time from the date of the conclusion of the contract for its accomplishment (the publication of the order of the head of the organization contractor on performance of work of such organization by structural division) sends the following documents to organization:

the registration card for the performed work on the form approved by the State committee on science and technologies;

the copy of the contract for performance of work or copies of other documents (in the absence of the agreement), including administrative, being the basis for performance of work and determining relations between the organization contractor and the customer;

technical (scientific) task or feasibility statement on this work;

the schedule on carrying out work approved by the head of the organization contractor;

the copy of the conclusion departmental scientific and technical and (or) state expert councils, confirming carrying out in accordance with the established procedure concerning work departmental scientific and technical and (or) state scientific and (or) state scientific and technical examinations.

When carrying out joint operation by several organizations contractors everyone their these organizations submits the documents specified in part one of this Item to organization.

The documents submitted not in full or with violation of requirements of this Item return organization of the organization contractor to three-day time from the date of their receipt with reasons for return reasons.

5. The organization within 20 working days considers the documents specified in part one of item 4 of this provision, contents of the contract for performance of work or other documents (in the absence of the agreement), including administrative, being the basis for performance of work and determining relations between the organization contractor and the customer, regarding the schedule are analyzed and state registration of work is performed.

In the presence in the job schedule (stages) which are not relating to research, developmental and experienced and technological works, the work provided on state registration is registered only regarding stages during which accomplishment of research, developmental and experienced and technological works is provided.

The decision of organization on state registration of work only regarding stages within 10 working days from the date of its acceptance can be appealed in the State committee on science and technologies which makes the decision according to the claim within five working days from the date of its receipt.

Date of state registration of work is acceptance date organization of the decision on its inclusion in the state register.

6. Organization within five working days after state registration of work the organizations contractors the notice on inclusion of work in the state register in the form approved by the State committee on science and technologies goes.

In the presence of the circumstances specified in part two of Item 5 of this provision, the notice shall contain specifying on the work stages included in the state register, and also data on the amount of financing falling on these stages.

The decision of organization on refusal in state registration of work is made within 10 working days after receipt of the documents provided in part one of item 4 of this provision. In case of adoption of the called decision by organization the organizations contractors the notice on refusal in state registration of work on the form approved by the State committee on science and technologies goes.

The basis for refusal in state registration of work is availability of the negative conclusion departmental scientific and technical and (or) state expert councils.

7. In case of the termination of accomplishment of the registered work the organization contractor shall from the date of its termination in writing in a month inform on it organization, having specified registration number, the name of work, the achieved result, the reason of the termination of its accomplishment and to attach the copy of the decision on termination of work (the decision of state body or other organization, the customer agreement, the order or other decision of the head of the organization contractor).

In case of change of the name of the registered work the organization contractor from the date of introduction of such changes sends in a month the documents determined in item 4 of this provision to organization. This work joins in the state register at new registration number, and former number is cancelled.

8. After completion (termination) and acceptance in accordance with the established procedure of the registered work the organization contractor in two-month time from the date of approval of reporting documents on it shall send to organization the information card in the form approved by the State committee on science and technologies.

The organizations contractors which are drawn up in accordance with the established procedure and approved by the head are applied to the information card:

report on research work;

the explanatory note to developmental and experienced and technological work or the technical report (if its development is provided by the specification);

the document confirming acceptance of work;

the advertizing technical description on scientific and technical products or other document reflecting results of work on the form approved by the State committee on science and technologies.

9. Excluded

10. Organization, having received the information map and documents attached to it, in twenty-day time enters the corresponding data in the state register and directs (issues) the organizations contractors the certificate of inclusion of data of the information card and the documents attached to it in the state register.

11. In case of non-presentation of reporting documents by the organization contractor after the planned date of completion of work the organization sends to two-month time to it the letter notification on need of their submission to organization. In case of non-presentation of the relevant documents in a month from the date of departure of the letter notification work is subject to exception of the state register. The organization in writing informs the organization contractor and the organization under which authority it is, and also tax authorities in the organization contractor location on work exception of the state register.

12. Storage and use of the materials of the state register containing the data which are trade secret are performed according to the legislation.

13. The documents provided in this Provision are represented to organization by the organizations contractors gratuitously.

14. The organization gives to the organizations contractors methodical help in state registration of works.

15. State committee on science and technologies:

control of state registration of works is exercised;

the procedure for information access, containing in information resources of the state register is determined, when carrying out departmental scientific and technical and (or) state scientific and (or) state scientific and technical examinations within functioning of single system state scientific and state scientific and technical examinations;

the procedure for use of the state register for the purpose of the analysis, the systematization and subject information search containing in it including is determined by requests of interested.

16. The organization every half-year till July 10 and on January 10 and annually till March 1 represents to the State committee on science and technologies of the data on works which underwent state registration.

The state committee on science and technologies generalizes the received data and annually till March 15 represents them to Council of Ministers of the Republic of Belarus.

The Council of Ministers of the Republic of Belarus annually till April 1 informs on results of state registration of works of the President of the Republic of Belarus.

 

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