Law of Ukraine

"On Scientific and Technical Information"

Date of entry into force:
August 2, 1993

Article 1 of the Law provides definitions of terms used in it. For example, scientific and technical information is any information and/or data on domestic and foreign achievements in science, technology and production, received in the course of scientific and research, research and engineering, design and technological, industrial and social activity, which can be saved on physical carriers or displayed electronically.

The object of relations in the sphere of scientific and technical information is domestic and foreign scientific and technical information. Scientific and technical information includes results acquired in the course of scientific and research, research and engineering, design and technological, industrial and social activity, and recorded in a form that provides for their reproduction, use and propagation. Scientific and technical information is a social heritage, and a necessary prerequisite for productive intellectual activity, in particular, intellectual and creative work; it constitutes an object of the right of intellectual property, and the relations associated with its acquisition, storage, processing, use and propagation are regulated by the current legislation (Article 2 of the Law).

The subjects of relations regulated by the Law, according to Article 3 of the Law, are:
  • state bodies;
  • bodies of local self-government;
  • legal entities and citizens of Ukraine;
  • international organizations, foreign legal entities, foreign citizens and stateless individuals.

All citizens of Ukraine, legal entities, state bodies, and bodies of local self-government, according to the Constitution of Ukraine and the Law, have the right to open scientific and technical information. This right entails the possibility to freely receive, store, use and propagate such information during scientific, scientific and research, production, social and other activity that is not prohibited by the current legislation of Ukraine (Article 5 of the Law).

According to Article 6 of the Law, scientific and technical information, according to the current legislation, is the object of a right of ownership. The basis for origin of the right of ownership for scientific and technical information is:
  • creating scientific and technical information through one's own effort and at one's own expense;
  • fulfilling an agreement on creating scientific and technical information;
  • fulfilling any agreement that contains conditions for transferring the right of ownership of information to another entity.
The right of ownership for scientific and technical information created by several citizens or legal entities is determined by the agreement concluded between the creators of such information.

Relations between owners of scientific and technical information, its consumers and intermediaries, are regulated by Article 7 of the Law.

The main purpose of the national system for scientific and technical information is satisfying the needs of citizens, legal entities and the state for scientific and technical information (Article 8 of the Law). The national system for scientific and technical information is an organizational and legal structure which is used to form the state information policy and to coordinate the work related to creation, use, storage and propagation of national scientific and technical information resources with consideration to the interests of national security. The national system for scientific and technical information consists of:
  • specialized state enterprises, institutions, organizations, state bodies of scientific and technical information, scientific and research libraries, united by system-wide interrelations and obligations;
  • enterprises of any legal form, founded based on private or collective property, the nature of business of which is informational support of the national economy and the citizens of Ukraine.

Article 9 of the Law defines the following as the main tasks of the national system for scientific and technical information:
  • based on domestic and foreign sources, creating information and reference funds, including databases and data banks, and informational support for legal entities and natural persons;
  • acquiring, processing, storing, propagating and using information received in the course of scientific and research, research and engineering, design and technological, industrial and social activity of legal entities and natural persons;
  • based on studying the world information market, organizing supply of foreign scientific and technical information into Ukraine, its processing, storage and propagation;
  • preparing analytical materials required to make decisions in the issues of scientific and technical, economic and social development of the country by the state bodies, and the bodies of local and regional self-government;
  • analytical-synthetic processing of primary sources, abstracting sources of scientific and technical and economic information, both published and unpublished n Ukraine, creating information products and services based on the above;
  • developing and implementing modern technologies in scientific informational activity;
  • organizing the promotion and facilitating wide use of scientific and technical achievements, and cutting-edge industrial experience;
  • creating a publicly accessible network of libraries and public information centers as a foundation for education, production and scientific research, as well as a system for exercising the rights of citizens for cultural and professional development.

Informational resources of the national system for scientific and technical information are a system of information and reference funds equipped with an appropriate indexing and search engine and necessary technical facilities for storage, processing and transmitting, which is owned, managed and used by the state bodies and scientific and technical information services, scientific and research libraries, commercial centers, enterprises, institutions and organizations (Article 10 of the Law).

According to Article 11 of the Law, the results of scientific and research, research and engineering, design and technological and other scientific and technical activity which are partially or fully financed from the state budget are subject to mandatory registration and recording. The procedure for registration and recording is determined by the specially authorized central body of executive power that carries out management in the sphere of scientific and technical information. The results of scientific and research, research and engineering, design and technological and other works carried out at the expense of legal entities and natural persons are their property and can be registered by them voluntarily in the state body of scientific and technical information, with subsequent propagation of the result reports independently or through appropriate scientific and technical information services, under an agreement.

Information products and services of bodies of scientific and technical information, as well as of enterprises, institutions, organizations or specific citizens that carry out scientific informational activity may be objects of commodity relations regulated by the current legislation (Article 13 of the Law).

Article 14 of the Law envisages that bodies of scientific and technical information, enterprises, organizations and citizens that carry out scientific informational activity and freely sell their information products and information services are commodity producers that participate in the creation of the market on general terms, irrespective of their form of ownership. In relation to selling their products, a commodity producer has the right to perform any actions that do not contradict the current legislation.

The terms for providing information products and services are established by Article 15 of the Law.

According to Article 17 of the Law, the state, in order to create and develop the national system for scientific and technical information, provides for:
  • creating state networks for primary collection, processing and storage of all types of scientific and technical information;
  • carrying out measures to propagate information products and services and increase the level of their quality;
  • financial, including currency, support for supply of scientific and technical information to state bodies and scientific and technical information services, scientific and research libraries, creating network of them, and providing appropriate technical support;
  • training staff in the sphere of information sciences and scientific and information activity, through a system of higher and secondary education institutions, increasing the level of informational education of the employees of the national economy;
  • free competition between the bodies of scientific and technical information, other enterprises and organizations of all forms of ownership, which carry out scientific and information activity;
  • protecting the subjects of relations in the field of scientific and technical information against unfair competition and monopoly, in all spheres of scientific and information activity.

The state facilitates the transparency and general accessibility of scientific and technical information. The state facilitates creation, storage and efficient use of state scientific and technical information resources through:
  • creating a mechanism for registration and recording, which provides for collection, processing and propagation of data on scientific researches and inventions, dissertations and other types of scientific and technical works carried out at the expense of the state budget, as well as new products, databases and data banks;
  • implementing a concessionary tax policy and financial and credit policy in respect of services related to providing scientific and technical information to consumers and transmitting information on scientific and technical achievements to state bodies and scientific and technical information services;
  • allocating funds, and material and technical supplies to work aimed at creating, developing and using state scientific and technical information resources, as well as inter-industry exchange of information on scientific and technical achievements;
  • creating a mechanism for storing informational resources, databases and data banks formed in state organizations and management bodies, and their appropriate transfer to other institutions in case of liquidation or reorganization of the above;
  • implementing economic mechanisms for creating and supporting enterprises founded on private or collective property which perform informational activity, and their integration into the national system for scientific and technical information.

The Cabinet of Ministers of Ukraine determines the body of state management that provides for organization of work in the sphere of scientific and technical information, carries out functional management of the national system for scientific and technical information, and creates and implements the policy in this sphere (Article 18 of the Law).

Chapter VI of the Law is dedicated to international cooperation in the sphere of scientific and technical information.
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