Legal Status of a Core Facility for Scientific Equipment
https://doi.org/10.17803/1729-5920.2022.184.3.034-042
Abstract
Core facilities (CF) for scientific equipment work is examined in the context of the sharing economy. Currently, there is a development of legislation concerning CFs set up by state agencies or the functioning of which is provided with the involvement of budgetary funds. But there are no special rules concerning the CF that are not funded by the state and local self-government bodies. Accordingly, these CFs are subject to the norms that determine the legal status of the basic organization as a whole. Due to the social significance of the CFs, their role in ensuring the national security of the state, it is advisable to adopt regulations concerning the status and activities of the CFs, regardless of the CF’s type of founders and sources of funding. Although the core facility is being created as a structural unit of a state scientific or educational organization, the paper substantiates the admissibility of the CF formation as an independent entity. The legal regime of the CF property has specifics in relation to such a group as scientific equipment and unique scientific installations. The description of such equipment is an essential condition of the contracts made by the CF with external users. In addition, certain types of equipment meet the specifications of sources of increased danger. The author proposes a new definition of the core facility. A core facility for scientific equipment is a structural subdivision of a scientific or educational organization or an independent legal entity that has scientific and (or) technological equipment, highly qualified personnel, conducts scientific research, experimental developments in its own interests and by order of third parties, or provides scientific equipment to third parties to be used for relevant research and development.
About the Author
M. N. MaleinaRussian Federation
Marina N. Maleina, Dr. Sci. (Law}, Professor, Department of Civil Law, Honoured Lawyer of the Russian Federation
125993, Moscow, ul. Sadovaya-Kudrinskaya, d. 9
References
1. Bychkov AI. Pravovoe regulirovanie ekonomiki sovmestnogo potrebleniya [Legal regulation of the economy of sharing consumption]. Moscow: Infotropik Media Publ.; 2019 (In Russ.).
2. Efimtseva TV. Mesto innovatsionnogo prava v sisteme rossiyskogo prava [The Place of the Innovative Law in System of Russian Law]. Business Law. 2014;3:35-39 (In Russ.).
3. Kalyuzhniy KA. Monitoring deyatelnosti rossiyskikh tsentrov kollektivnogo polzovaniya nauchnym oborudovaniem i unikalnykh nauchnykh ustanovok za 2018 god [The Results of Monitoring of Russian Core Shared Research Facilities and Large-Scale Research Facilities for 2018]. Upravleniye naukoy i naukometriya. 2019;14(3):425-458. DOI: https://doi.org/10.33873/1996-9953 (In Russ.).
4. Kalyuzhniy KA, Chechenkina TV. Resursnyy potentsial i rezultativnost deyatelnosti tsentrov kollektivnogo polzovaniya nauchnym oborudovaniem i unikalnykh nauchnykh ustanovok [Resource potential and effectiveness of the common use centers of scientific equipment and unique scientific installations]. Moscow: RIEPP Publ.; 2019 (In Russ.).
5. Andrichenko LV, Barankov VL, Bulaevskiy BA, et al. Obrazovatelnoe zakonodatelstvo Rossii. Novaya vekha razvitiya : monografiya [Educational legislation of Russia. A new milestone of development: a monograph]. Moscow: IZiSP Publ.; 2015 (In Russ.).
6. Chechenkina TV. Tsentry kollektivnogo polzovaniya v razvitykh stranakh mira: problemy i perspektivy [Core Facilities in Developed Countries: Challenges and Opportunities]. Upravleniye naukoy i naukometriya. 2017;1(23):80-101 (In Russ.).
Review
For citations:
Maleina M.N. Legal Status of a Core Facility for Scientific Equipment. Lex Russica. 2022;75(3):34-42. (In Russ.) https://doi.org/10.17803/1729-5920.2022.184.3.034-042