The SCST at a meeting of the Public Advisory Council discussed a draft Decree on the activities of subjects of innovation infrastructure

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At a meeting of the Public Advisory (Expert) Council for the Development of Entrepreneurship in Scientific, Technical and Innovation Spheres under the State Committee for Science and Technology, the draft Decree of the Head of State “On Amendments and Additions to Certain Decrees of the President of the Republic of Belarus on the Creation and Activities of infrastructure “. The document was prepared as part of the implementation of the instructions of A.G. Lukashenko given at the meeting on problematic issues of the development of the scientific sphere and when addressing the Address to the Belarusian people and the National Assembly of the Republic of Belarus.

The draft Decree is aimed at improving the conditions for the creation and operation of subjects of innovation infrastructure (technology parks, technology transfer centers) and the development of innovative entrepreneurship in general. Among the most significant changes and additions to the legislation of the Republic of Belarus, the draft Decree provides for:

  • implementation of a mechanism for reinvesting tax payments from residents of technoparks for the development of these technoparks and their residents by creating targeted funds for innovative development at each technopark;
  • exemption of technoparks and their residents from VAT and import customs duties when importing technological equipment, components and spare parts for it in order to stimulate them to implement innovative projects within the framework of the State Program for Innovative Development of the Republic of Belarus;
  • providing technoparks with the opportunity to pursue a flexible rental policy, taking into account the degree of development of residents;
  • providing the opportunity for the subjects of innovation infrastructure to use, regardless of subordination, organizational and legal form and form of ownership of the simplified taxation system without taking into account the restrictions established by subparagraph 5.7 of paragraph 5 of Article 286 of the Tax Code, while observing the criteria specified in paragraph 1 of this article.

The meeting also considered the issues of a comprehensive adjustment of the Decree of the Head of State No. 59 “On the commercialization of the results of scientific and scientific and technical activities created at the expense of public funds” and a draft Decree of the President of the Republic of Belarus “On amendments to the decrees of the President of the Republic of Belarus” was developed. In particular, the document provides for significant changes:

the results of scientific and technical activities (hereinafter – NTD) will include not only objects of intellectual property, but also documented scientific and technical information that is not an object of intellectual property;

a list of significant objective circumstances is determined that will exempt from liability in case of failure to ensure the commercialization of the results of NTD. At the same time, for the complexity of regulation, this list is determined not at the level of the Council of Ministers of the Republic of Belarus, but at the level of the President of the Republic of Belarus;

the list of NTD results that are not subject to mandatory commercialization is expanding (focusing only on the social effect, use for their own needs). In this case, these results of NTD are subject to use in the manner prescribed by law;

specifies the persons from whom the state funds are subject to collection, at the expense of which the results of scientific and technical documentation are created, in case of failure to ensure the mandatory commercialization of these results;

a clear responsibility is established for both the state customer and the executor (parent organization-executor) who have not carried out the commercialization of the results of scientific and technical documentation in accordance with the terms of contracts (assignments for budgetary organizations) for the performance of research, development and experimental-technological work (hereinafter – NIOC (T) R);

clarifies the wording on the collection of budgetary funds in case of non-implementation of the mandatory commercialization of the results of scientific and technical documentation;

issues related to the commercialization of the results of scientific and technical documentation created within the framework of scientific and technical programs and innovative projects, taking into account their specifics and certain risks, are proposed to be solved within the framework of the relevant resolutions of the Council of Ministers of the Republic of Belarus;

for the complexity of regulation, provisions are provided that determine the procedure for disposing of rights to the results of scientific and technical documentation created before the entry into force of Decree 59.

In addition, amendments are being made to the Regulation on the procedure for the formation and use of funds of innovative funds, which determines the source of the formation of innovative funds – funds received by the state customer from the repayable transfer of property rights to the results of scientific and technical documentation, created in whole or in part at the expense of innovative funds and transferred to income the specified funds.

After the adoption of the draft Decree, it is envisaged to amend Resolution No. 961, within the framework of which it is planned to consolidate the norms in terms of:

strengthening the requirements for feasibility studies of projects in terms of mandatory marketing and patent research to ensure the fundamental novelty and competitiveness of the proposed innovations;

the possibility of performing search tasks within the framework of programs without deteriorating the performance indicators of scientific and technical programs in general;

establishing criteria for the primary financing of priority tasks aimed at creating predominantly export-oriented products, new industries;

establishing a mandatory procedure for concluding trilateral agreements between the state customer, executing organizations and manufacturing organizations;

on the exclusive allocation of budgetary funds to executing organizations responsible for the commercialization of the results of scientific and technical documentation;

on determining the procedure for the return of budgetary funds spent on the performance of work on outstanding tasks.

granting state customers the right to purchase the created products in accordance with the procurement procedure from one source if the technical parameters and the price of the products correspond to the terms of refere

nce. Source: http://www.gknt.gov.by