REPUBLIC OF LITHUANIA
LAW
ON SCIENCE AND STUDIES
shall be based on the principle that the State supports and
promotes science and studies, and considers them to be of
particular importance in the culture and economy of the Republic
of Lithuania;
shall legitimize the indivisibility of science and studies;
shall make, taking the need to humanize science and studies
into consideration, the scientific activities which meet the
needs of Lithuania more progressive, and shall become more widely
involved in universal science;
shall recognize scientific research as a form of creative
work; and
shall consolidate the academic freedom, responsibility, and
professional and social guarantees of a scientist's activities.
I.GENERAL PROVISIONS
Article 1. The System of Science and Studies
The system of science and studies of the Republic of
Lithuania shall consist of the following institutions:
schools of higher education;
scientific institutes;
the Lithuanian Academy of Sciences;
other scientific institutions; and
scientists or groups of scientists.
Article 2. The Scientist
A scientist shall be a person who carries out scientific
work, and who has a scientific degree or academic (scientific)
title.
Article 3. The Scientific Institution
A scientific institution shall be an institution in which
the main activity is scientific research.
Article 4. Schools of Higher Education
A school of higher education shall be an institution of
science and studies in which a person may earn the degree of
specialist or scientist, and in which scientific research and
other types of creative work are carried out.
Studies shall include higher education, scientific training,
and the improvement and retraining of specialists holding
diplomas. The admissions process (for students, postgraduates,
probationers, residents, etc.) and the form and content of
studies, upon approval of the Government of the Republic of
Lithuania and taking into account the needs of the State, shall
be established by the institutions of science and studies. The
requirements for persons beginning their first year of studies at
a school of higher education shall correspond to the programmes
of secondary education.
Article 5. The Scientific Institute
A scientific institute shall be an institution of science
which carries out scientific research and, together with a school
of higher education, prepares scientists and assists schools of
higher education in the training of specialists.
Article 6. The Lithuanian Academy of Sciences
The Lithuanian Academy of Sciences shall be an institution,
supported by the State, in which the most prominent Lithuanian
and foreign scientists who, because of their activities, are
connected with Lithuania, are joined together. The Lithuanian
Academy of Sciences shall function in accordance with its
Statute, which shall be adopted and amended in a general meeting
of the Academy of Sciences, and shall be approved by the Supreme
Council of the Republic of Lithuania.
Article 7. Public Organizations of Scientists and Students
Social organizations of scientists and students (ie. unions,
academies of sciences, conferences of rectors, societies) shall
be established at the initiative of the members in order to meet
professional, creative, and social needs. These organizations
shall function pursuant to their statutes (charters) which shall
be adopted during congresses (conferences) and shall be
registered according to the procedures established by law.
II. THE LITHUANIAN COUNCIL OF SCIENCE
Article 8. The Self-Government of Science and Studies
The Lithuanian Council of Science shall be an independent
institution of science and studies. It shall be considered a
scientific expert by the Supreme Council and Government of the
Republic of Lithuania on issues of organization and finance of
science and studies.
Article 9. The Formation and Activities of the
Lithuanian Council of Science
The Lithuanian Council of Science shall be formed and shall
function according to the regulations approved by the Supreme
Council of the Republic of Lithuania.
Article 10. The Province of the Lithuanian Council of
Science
The Lithuanian Council of Science:
shall present trends of development in the spheres of
science and shall assess scientific programmes of the State;
shall present proposals to the Government of the Republic of
Lithuania concerning the formation of the State draft budget;
shall assess the distribution of finances for science and
studies, as well as for the maintenance, development, and
establishment of facilities of science and studies;
shall organize scientific examinations for development
programmes in the spheres of Lithuanian economy, culture, and
society;
shall present proposals concerning the establishment,
reorganization, and liquidation of institutions of science and
studies; and
shall present, to the Government of the Republic of
Lithuania, its conclusions concerning the right of institutions
of science and studies to grant scientific degrees or academic
(scientific) titles.
Article 11. The Rights of the Lithuanian Council of Science
The Lithuanian Council of Science shall have the right:
to obtain information and statistical data on issues of
their own competence from State governing institutions and
institutions of science and studies; and
to settle disputes arising from the implementation of
statutes (charters) of institutions of science and studies.
III. INSTITUTIONS OF SCIENCE AND STUDIES
Article 12. The State Institution of Science and Studies
State institutions of science and studies shall be
established (acquired) with state funds. Upon establishment
(reregistration) of an institution, the State shall transfer
state property to the said institution for possession and
utilization.
Article 13. Non-governmental Institutions of Science and
Studies
The nature of activities, the province, and the rights of
public organizations, as well as private, joint, and
international institutions of science and studies, shall be
established by their founders and by the laws of the Republic of
Lithuania.
International or joint (international-domestic) institutions
of science and studies must receive permission from the
Government of the Republic of Lithuania for their activities on
the territory of the Republic of Lithuania.
Article 14. The Right of Scientists to Engage in Private
Practice
A scientist (or group of scientists) may take part in the
activities of private institutions of science and studies, in
accordance with the procedures established by law.
Article 15. The Procedure for the Establishment of an
Institution
State schools of higher education shall be established,
reorganized, and liquidated, upon the proposal of the Government
of Lithuania, by the Supreme Council of the Republic of
Lithuania. Other State institutions of science and studies shall
be established, reorganized, and liquidated by the Government of
the Republic of Lithuania.
Non-governmental schools of higher education may be
established after being granted a permit by the Supreme Council
of the Republic of Lithuania.
Non-governmental scientific institutions shall be formed
upon the decision of the founders and shall be based on the laws
of the Republic of Lithuania.
Qualification requirements for schools of higher education
and scientific institutes shall be established by the Government
of the Republic of Lithuania upon the proposal of the Lithuanian
Council of Science.
Article 16. The Independence of Institutions
State schools of higher education and State scientific
institutes shall have autonomy, as established by the laws of the
Republic of Lithuania, and as approved in the statute of the
respective institution. The State may regulate an institution's
activities by way of subsidies, orders (agreements) financed by
the State, and other means provided for in laws of the Republic
of Lithuania.
The highest decision making body of schools of higher
education and scientific institutes shall be the Council
(Senate), which shall be elected by the employees of the
respective institution who have scientific degrees or academic
(scientific) titles. The Council (Senate) of an institution shall
elect and appoint institutional heads (ie. rector, director) and
shall approve deputies by means of a simple majority vote. A
person may not be both the head of the Council (Senate) and the
head of the institution.
The limits of independence of other institutions, the
structure of their management, and the procedure for their
formation shall be established by their statutes and by the laws
of the Republic of Lithuania.
Article 17. The Statutes and Charters of Institutions
The statute of an institution of science and studies shall
be the legal act which regulates the activities of schools of
higher education and scientific institutes. The charter shall
regulate the activities of other scientific establishments.
The statute (charter) of an institution which is in the
process of being established shall be drafted by the provisional
(constituent) council appointed by the founder, and shall be
approved by the founder.
The statute of a functioning institution may be passed or
ammended either by a simple majority vote of a meeting
(conference) of the institution's employees who hold scientific
degrees or academic (scientific) titles, or, on instruction of
the meeting (conference), by a two-thirds majority vote of the
Council (senate).
The statute of an institution of science and studies must
include:
4) the institution's property, including plots of land
transferred for its use, and the terms for the use of that
property;
5) the province of the Council (Senate) and governing
bodies, their composition, and their structural order.
Charters of other institutions shall be formed in accordance
with the model charter approved by the Government of the Republic
of Lithuania.
Other rules may be set forth in statutes and charters if
they do not contradict the laws of the Republic of Lithuania or
any international agreements.
The Supreme Council of the Republic of Lithuania shall
approve statutes of State schools of higher education, and the
Government of the Republic of Lithuania shall approve statutes of
State scientific institutes. Charters and amendments to charters
shall be registered according to the procedure established by the
Government of the Republic of Lithuania. Institution of science
and studies, with the exception of private institutions, shall
have the rights of a legal person beginning the day that it's
statute is approved or the day that it's charter is registered.
Article 18. The Forms of the Activities of Institutions
of Science and Studies
An institution of science and studies shall independently
establish its structure and relations with other partners
(including foreign partners). It may establish and hold
scientific and educational centres, institutes, clinics,
experimental stations, faculties, departments, laboratories,
observatories, museums, botanical gardens, libraries, information
centres, enterprises, experimental and instructional farms, and
other subdivisions necessary for science and studies.
Article 19. The Property of Institutions of Science and
Studies
The property of institutions of science and studies shall
consist of products of creative work (as long as they do not
violate copyright regulations), land, buildings, movable
property, financial resources, securities, and other valuables if
they are not prohibited by laws. Institutions shall use this
property in the procedure established by the laws of the Republic
of Lithuania.
State institutions of science and studies shall, without
compensation, use State property, and shall preserve and augment
this property.
Article 20. Associations of Institutions of Science and
Studies
Institutions of science and studies or their subdivisions,
may join together or with other institutions or organizations, by
various types of permanent or temporary relations, in order to
resolve general scientific, studies, social, and economic issues.
In such an event, an agreement shall be made and approved by the
Councils (Senates) of the participating institutions. The
objectives of the affiliation, the structure of management, the
province, and the activities and conditions of liquidation shall
be established in the said agreement.
Agreements concerning affiliations of institutions of
science and studies shall be registered according to the
procedure established by the Government of the Republic of
Lithuania. Associations of science and studies shall have the
same rights as a legal person from the day of registration in
cases provided for in the agreement.
The State shall support associations which are established
with the intent to integrate science and studies.
IV. THE FINANCING OF SCIENCE AND STUDIES
Article 21. Sources of Financing Institutions of Science
and Studies
Institutions of science and studies may receive State
subsidies, resources from science and studies funds, and other
resources and means of support (grants) for science and studies.
Institutions of science and studies may carry out State
programmes of science and other developmental trends, may execute
orders according to agreements (including agreements with foreign
organizations), and may participate in international scientific
programmes.
Applied scientific research necessary for developmental
programmes of Lithuanian culture, economy, society, well-being,
environmental protection, and other fields shall be financed by
allocations appropriated for the implementation of such
programmes and for the regulation of economical development.
Article 22. Budgetary Allocations
Budgetary allocations shall be appropriated for the
financing of studies, fundamental research, and applied research
necessary for the Republic of Lithuania.
The State shall always recognize the priority of fundamental
research of the Lithuanian language and Lithuanian culture.
The Supreme Council of the Republic of Lithuania shall
approve the sum total of allocations for science and studies.
The Government of the Republic of Lithuania, taking into
consideration the Lithuanian Council of Science's examination on
project financing, shall distribute budgetary subsidies to
institutions of science and studies, as well as allocations for
State scientific programmes, science and studies funds,
infrastructures of science and studies, and for other scientific
and educational purposes.
Article 23. State Subsidies for Institutions of Science
and Studies
Subsidies shall be appropriated to State schools of higher
education and to scientific institutes, upon the recommendation
of the Government of the Republic of Lithuania and the approval
of the Supreme Council of the Republic of Lithuania. The minimum
amount of subsidization shall be determined during the
establishment (reregistration) of the institution.
Article 24. State Scientific Programmes
The Government of the Republic of Lithuania shall organize
the formation and implementation of State scientific programmes.
Contracts for carrying out State scientific programmes shall be
made on a competitive basis.
Article 25. Funds for Science and Studies
Funds for science and studies shall be appropriated for the
additional financing of fundamental researches, for the
exploration of new scientific trends, and for the training of
scientists.
The Government of the Republic of Lithuania, upon the
recommendation of the Lithuanina Council of Science, shall
approve boards and regulations for the activities of State
science and studies funds.
Companies, enterprises, organizations, and private persons
may support State funds for science and studies, and may
establish their own funds for carrying out purposive programmes.
The State shall grant tax deductions to legal and natural persons
who support the activities of science and studies funds.
Article 26. Financial Activities of Institutions of
Science and Studies
Institutions of science and studies shall have available
resources at their disposal in keeping with the procedures
established by statutes (charters). They shall have the right to
establish salaries and norms for employees of various categories
in accordance with the approved wage fund (except for in cases
when the Government of the Republic of Lithuania passes special
regulating directives), and shall also have the right to sell
scientific production and goods.
The portion of economic and commercial profit of State
institutions of science and studies which is allotted for the
financing of scientific research and studies shall not be taxed.
V. THE SYSTEM OF EDUCATIONAL QUALIFICATION AND
SCIENTIFIC DEGREES AND TITLES
Article 27. College and University Degrees
Studies of one or more levels shall be recognized in
Lithuania. Upon the completion of such studies, a college or
university may confer a Bachelor's degree, a Master's degree, or
another degree of qualification. Qualification requirements for
these degrees shall be approved by the Government of the Republic
of Lithuania on the recommendation of the Lithuanian Council of
Science.
Article 28. Scientific Degrees
Scientific degrees of Doctor and Doctor Habilius??? shall be
conferred in the Republic of Lithuania.
Article 29. The Training of Scientists
Doctors of Science shall be trained in post-graduate studies
for a doctorate degree. The Government of the Republic of
Lithuania shall approve the post-graduate doctorate studies and
habilitation regulations prepared by institutions of science and
studies on the recommendation of the Lithuanian Council of
Science.
Article 30. The Procedure of Conferment and
Nostrification of Scientific Degrees
Scientific degrees shall be conferred by institutions of
science and studies to which this right has been granted by the
Government of the Republic of Lithuania. The Government of the
Republic of Lithuania shall regulate the procedure of conferment
and nostrification of scientific degrees on the recommendation of
the Lithuanian Council of Science.
Article 31. Academic (Scientific) Titles
Academic (scientific) titles of Associate Professor and
Professor shall be conferred in the Republic of Lithuania. The
Government of the Republic of Lithuania shall establish
qualification requirements of academic (scientific) titles as
well as the procedure for their conferment and nostrification on
the recommendation of the Lithuanian Council of Science.
Article 32. State Registration of Scientific Degrees and
Academic (Scientific) Titles
Diplomas (certificates) of scientific degrees and academic
(scientific) titles conferred and nostrificated in the Republic
of Lithuania shall be registered in accordance with the procedure
established by the Government of the Republic of Lithuania.
Diplomas (certificates) of scientific degrees and academic
(scientific) titles acquired in other states and which have been
registered according to the procedure established by the
Government of the Republic of Lithuania shall be recognized in
the Republic of Lithuania.
VI. PROFESSIONAL AND SOCIAL GUARANTEES OF
STUDENTS AND SCIENTISTS
Article 33. The Duties and Rights of Students
Every member of society, according to their competence and
knowledge, shall have the right to become a student.
Statutes (charters) of institutions shall regulate the
duties and rights of students of institutions of science and
studies.
Article 34. Student Scholarships
Students may receive scholarships from enterprises, schools
of higher education, scientific institutes, the State, and other
institutions.
State scholarships shall be granted to students and post-
graduates studying for a doctorate degree who do not have other
scholarships. State scholarships shall be financed by the State
subsidies and allocations appropriated to institutions of science
and studies in the procedure established by the Government of the
Republic of Lithuania. The amounts of other scholarships, as well
as the procedure of granting them, shall be established by the
founders of the scholarships.
Article 35. The Rights of Scientists
In State institutions of science and studies, scientists
shall have equal employment opportunity on a competitive basis,
regardless of their sex, race, political views, religious
convictions, nationality, and citizenship.A scientist shall have
the right:
to work either independently or in a group;
to participate,on a competitive basis, in the execution of
scientific programmes;
to be granted support from science and studies funds, to to
utilize the appropriated resources;
to apply, on a competitive basis, for study (inservice
training) both in Lithuania and abroad;
to issue scientific works;
to obtain information which is necessary for a scientific
work from State institutions. If this information is a State
secret, or a secret otherwise established by the Government of
the Republic of Lithuania, it shall be provided and used in the
procedure established by the Government of the Republic of
Lithuania;
to participate in adopting decisions regarding the content
of the statute (charter) and plan of activities of their
respective institution; and
to participate in the activities of various professional and
public associations and organizations, including those abroad.A
scientist shall be guaranteed:
norms and authorship of creative works and products of
inventive labour as established in laws and international
agreements;
independence from ideological and political institutions;
protection against restrictions and sanctions for making
public the results of his or her research, and for the
manifestation of his or her beliefs, with the exception of cases
when the declared information is a State secret or a secret
otherwise established by the Government of the Republic of
Lithuania.
Article 36. The Responsibility of a Scientist
A scientist must fulfill obligations and functions which he
or she has assumed voluntarily, or which are established by
statutes (charters) of institutions of science and studies. If a
scientist fails to fulfill these obligations and functions, he or
she shall be punished according to the procedure established by
the laws of the Republic of Lithuania.
A scientist must adhere to the norms of scientific and
professional ethics.
Article 37. Social Guarantees
Employment in the sphere of science and studies and other
labour relations shall be regulated by the laws of the Republic
of Lithuania. In addition, if a scientist has fulfilled the
conditions provided for in the statutes (charters) of the
institution of science and studies, he or she may not be removed
from a non-administrative post on the initiative of the
institution. The statutes may provide for other social guarantees
as well.
Disputes concerning the dismissal of a scientist from office