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Home , Regulation of science

Ekoloji 28(108): 2659-2679 (2019)

LETTER TO THE EDITOR

National Legal of and Scientific and Technical Cooperation in the Sco Countries: Comparative Aspect Evgeniy S. Anichkin 1, Anton A. Vasilyev 2, Sholpan V. Tlepina 3, Egor A. Kulikov 4, Aleksey Y. Rezinkin 5, Andrey A. Serebryakov 6 1 Doctor of Juridical , Altai State University, Russia 2 Doctor of Juridical Sciences, Altai State University, Russia 3 Doctor of Juridical Sciences, Professor, L.N. Gumilyov Eurasian National University, Russia 4 PhD of Juridical Sciences, Associate Professor, Altai State University, Russia 5 PhD of Philological Sciences, Altai State University, Russia 6 Senior Lecturer, Altai State University, Russia

Abstract: The article covers the legal regulation of the science, scientific activities and international scientific and technical cooperation in the countries of the Shanghai Cooperation Organization. The paper researched the legal systems of China, India, Kazakhstan, Uzbekistan, Tajikistan and Kyrgyzstan. The authors revealed the common and special things in those states’ approaches to the legal regulation of the scientific sphere and the scientific and technical cooperation. The authors considered the interaction between the said states at a level of bilateral relations and under the auspices of the SCO. When considering the peculiarities of legal regulation of the scientific activities in separate countries, the authors took into account their legal-cultural specific character as well as the peculiarities of genesis of the modern legal system. The authors revealed the existing problems of legal mediation of the scientific sphere, scientific and technical cooperation, they offered ways to solve them. The authors assessed the prospects of the scientific and technical cooperation within the SCO with account taken of a specific character of the national legal approaches. Keywords: scientific and technical cooperation, science, scientific activities, state support for the science, legal regulation of the science, Shanghai Cooperation Organization

1 Introduction Initially the Shanghai Cooperation Organization was established as a form of joint counteraction of the member countries to the global security threats – terrorism, separatism and manifestation of extremism. So, as early as at the first stage of the work of the “Shanghai Five” in 1996-1997 the major issue was to assure the confidence in the military sphere and the reduction of the armed forces on the boundaries. With the course of time, the SCO cooperation was expanded to other spheres of the international interaction. When the SCO was institutionalized as a regional international organization, the cooperation in the sphere of science was declared among the goals of the SCO activities. On June 07, 2002 the SCO Charter was adopted, one of its main tasks was every kind of assistance in developing the regional interstate cooperation in different fields, which are of mutual interest: the defense, law-enforcement, trade-economic,

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Ekoloji 28(108): 2659-2679 (2019) credit-financial, political, energetic, transport, environmental, educational, cultural, scientific and technical and other fields. Is should be said that serious actions in this sphere of cooperation started to be taken only 10 years later, when at the SCO level the inter-governmental agreement for scientific and technical cooperation dated July 13, 2013 were entered into. The agreement is mainly abstract, and specific forms of cooperation are described in the bilateral and multilateral agreements between the SCO member countries, and they are controlled by a specially created permanent working group for scientific and technical cooperation as a coordination authority. The agreement determines the forms of cooperation in the sphere of science: – organization and carrying out of the in the sphere of science and ; – joint development and further implementation of various scientific and technical programs and projects in priority fields; – organization and carrying out of multi-format scientific events (symposia, conferences, forums, workshops, round tables, etc.) under auspices of the SCO; – introduction of the jointly developed into various fields of the science; – mutual exchange of experts and scientists, and the scientific and technical information; – other possible types and forms of cooperation. Apart from that, this agreement established the most promising scientific areas of international cooperation: – sciences about life; – sciences about the Earth including the seismology and geology; – agricultural sciences; – environmental protection and rational nature management; – nanosystems and materials; – energetics and energy efficiency; – information and telecommunication technologies, and other possible areas of scientific cooperation, which are of mutual interest to the parties. It should be particularly noted that the permanent working group on the SCO scientific and technical cooperation developed a road map of events in the sphere of science and technologies. However, the said exhaust the legal regulation of the scientific and technical cooperation at the SCO level. Currently, the legal regulation of scientific and technical cooperation is built on bilateral basis between the CSO member countries. In a greater degree, those are international treaties in the sphere of science between Russia and separate SCO countries. A number of agreements for cooperation in the sphere of science are entered into by other SCO countries. Therefore, at present it is possible to say only that the legal framework is formed for the international scientific and technical cooperation within the SCO for a deep cooperation and integration in the scientific sphere. It is possible to work out the common international and legal approaches to regulation of the international scientific and technical cooperation only with the deep analysis of the common traits and peculiarities of the legal regulation of the scientific activities in the SCO states. It is evident that it is possible to intensify the scientific and technical cooperation on the adequate legal basis, which takes into account the interests of the science development and the interests of the national security of each country of the SCO.

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The international scientific and technical cooperation as an important factor of strengthening the confidence and the growth in the peoples’ prosperity and solving the global mankind’s problems is among the most important and promising spheres of cooperation. 2 Research Methodology In the context of this research subject, a comparative-legal method takes on particular importance. It is expected that the foreign experience in the sphere of regulation of the scientific and scientific and technical cooperation is expected to be studied in order to generalize it and to reveal the models of regulation of the said relations, which can be applied in the Russian conditions. The comparative-legal method also makes it possible to determine the measures of the scientific and scientific and technical cooperation and the international integration in the field of research and technology-based development in Russia and the SCO countries, which are more adequate to modern challenges, and to assess the legal regulation subject completely and comprehensively. The other private scientific methods, which are applied in this research, include a formally-legal method consisting in the frontal study of the laws, which regulates the issues of international the scientific and scientific and technical cooperation and the international integration in the field of research and the technology-based development in separate SCO countries. On the basis of this analysis, a general idea about the state of the legal regulation in the said sphere is formed. The use of the formally-legal method makes it possible to reveal in the regulatory acts the technically-legal inaccuracies and mistakes, violations of the requirements of the formal logic, and the non-compliance of the system requirements of the lawmaking. At last, when resting upon the formally-legal method, the offers are formed on improving the regulatory framework of mediation of the relations in the sphere of the international scientific and the scientific and technical cooperation. Simultaneously with the said method, a law interpretation method is used, which makes it possible to deepen and to enlarge the results of using the formally-legal method, to reveal a literal and system sense of the legal instructions and make a general picture of aspects and sides of the legal regulation of the international scientific and scientific and technical cooperation and the international integration in the sphere of the research and the technology-based development in separate SCO countries. The acts of interpretation of the legal instructions, which accumulate the results of the interpretation activities of the national and international authorities in the sphere of the scientific and scientific and technical cooperation are of paramount importance. 3 Research Results The research is built on the country-specific principle, the laws of some countries, which belong to the Shanghai Cooperation Organization, are studied, the legal and cultural peculiarities in respect to the regulation of the scientific sphere of the social life are analyzed. China, India, Kazakhstan, Tajikistan, Uzbekistan and Kyrgyzstan are chosen to observe the representativeness. 3.1 Legal Regulation of the International Scientific and Technical Cooperation in China Among all the SCO member countries, China is the leader in the science development according to a whole number of parameters. Before the 1970-s China failed to keep pace with the major global powers in the scientific and technological development. However, in 2013 it became the world leader in quantity of the workers, which are employed in the scientific and technical sphere. In comparison by the countries the quantity of researchers out of the total number of the employees, who are involved in production operations, makes up 22% in the European Union countries, in China – 19%, in the USA – 17%, in Russia – 6%. According to the UNESCO Russia is the only country out of the said ones, which witnesses the reduction

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Ekoloji 28(108): 2659-2679 (2019) of quantity of the scientists: from 2007 to 2013 – from 7.3% to 5.7%, respectively. China’s state budget annual expenses, on the average, for the science are equal to 2.5%. In 2018 China’s expenses were $ 451 billion (it ranks second in the world to the USA), which made up 2.12% of the GDP (it ranks fifteenth in the world). In the 2000-s the Chinese started to restrict the state expenses for the science, with emphasis on the investments in the science made by the businessmen. The enterprises’ expenses for the science are growing permanently. A share of the expenses for Research and Development in the enterprises’ value added is 4.46%. In many respects, the tax benefits are stimulating to make investments in the high technology production: a possibility of including up to 150% of expenses for the science in the depreciation and acquisition of the relevant equipment. In the number of expenses for a scientist China ranked eighth in 2018 – $ 226 thousand. In the number of researchers in the total employment China has 1 million 692 thousand researchers (https://issek.hse.ru/news/221864403.html). In a number of quotations of scientific publications China is approaching to the world leaders. In 2014 a number of articles written by the Chinese authors made up 120 thousand – about 2/3 out of the USA figure and more than a half of the total scientific product of the EU countries. In 2010 China became the leader in a number of patents. In 2014 a number of patents reached 928 thousand units, a half of them are introduced and they produce a business effect. China accounts for a quarter of the export of the world high-technology sector. China is catching up with the USA in terms of a share of the value added in the high-technology production. In 2014 the USA share was 29 %, while China’s share was 27 %. The quality and accessibility of the education in China grew significantly. China ranks third among the best 200 higher education establishments in the world. Those results were reached just for the last 40 years when China’s leadership and party had serious and careful attitude towards the science as a pillar of modernization and development of China (Salitsky 2014). The researchers said that generation of the scientific knowledge and technologies in China is connected with peculiarities of the national and mentality (Salitsky and Salitskaya 2015). To a large extent, the state policy in the sphere of science, the strategic legal acts as well as the regulatory legal acts in the sphere of science and technologies played their part in the accelerated development of the scientific and technical complex. It is possible to start the counting for the modernization wave in the sphere of science from program 4 of modernizations since the middle of 1975. Within this program the foreign trips and training courses of the Chinese scientists, invitation of foreign specialists were encouraged actively. In many respects China adopted the Soviet model of the science organization and management (for example, Chinese of Sciences), it actively got the Soviet scientists involved in the work in China (Vinogradov et al. 2016). The experts connect China’s rapid economic growth, transition to the economy on the basis of and development of the information technologies, strengthening of the national welfare with the fact that the Chinese economy rests upon the scientific and technological complex. Without development of the science and technologies China could not achieve such tangible economic and social results (Salitskaya 2013). The strategic documents include a decision adopted according to the results of the all-Chinese science and technology meeting of 1996, which clearly determines a leading role of the science as a factor of China’s economic growth and in solving such issues as import substitution, a poverty problem, increase in the labor productivity and the GDP increase. On the whole China usually uses a program-goal approach and plan in managing the scientific and technological area. Since the 1980-s the science development was regulated by the program documents: the

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Ekoloji 28(108): 2659-2679 (2019) state programs of the Research and Development in the sphere of key technologies (1982), the state programs in the sphere of high technologies (1986), the programs for introducing the scientific and technical achievements (1990), the programs aimed at developing the priority areas of the fundamental research (1991). In 1996 the Ministry of Science and Technologies of the People’s Republic of China launched a program of the technological innovations. Special programs “Spark” for the spread of the science in the countryside are of particular interest, which significantly promoted the solution to the poverty problem in the Chinese villages and the program “Torch”, which is aimed at commercializing the scientific and technical results. Due to the program “Torch” the high-technology industrial parks began appearing in China. At present a long-term science development program up to 2020 is in force in China. It contains, on the one hand, a support for key scientific projects from the state, and, on the other hand, a development of industrial innovations and commercialization of the scientific developments in cooperation with the international community (Zubarev et al. 2017). Since the 1980-s China has become a more and more open country for the science internationalization and the development of the scientific and technical cooperation. China uses the scientific and technical experience of the other states successfully (“copying” of achievements), and over recent years it has actively built up the import substitution and has generated its own scientific and technical knowledge (“independent local innovations”) (Salitskaya 2013, p. 10). At present the regulatory basis of regulating the scientific and technical activities in China is composed by the following documents: – the State program of the long-term and medium-term planning of the development of science and technology in 2006–2020; – the Program of planning of increasing the science quality in the country in 2006–2010–2020; – the State long-term and medium-term program of planning the talents development for 2010–2020; – the Chinese Law “On Scientific and Technical Progress” of 1993 (as revised in 2007), which defines the goals of the state policy in the sphere of science and technologies, the sources of financing of the scientific research, cooperation of the scientific institutions and the manufacturing enterprises; – the Chinese Law “On spread of the scientific and technical knowledge” of 2002, which is aimed at popularizing the science and making the science more important in the public perception; – the Chinese Law “On innovation policy” of 2002, which is aimed at commercializing the scientific and technical products in the manufacturing; – laws in the sphere of the patent and copyright law. The interesting regulatory decisions of the People’s Republic of China in relation to the international scientific and technical cooperation include: – the program of the State scientific foundation for financing the teaching of the Chinese in the foreign universities (from 1978 to 2011 2.4 million people were taught in the foreign universities); – the program of return of the scientists and specialists, who received the education abroad (a third of those who left the country have returned back for 30 years); – a combination of experience of different countries in the science management and organization: the Soviet model of the science management via the state of sciences and creation of special technological zones under the principle of the Silicon Valley. In China 55 zones of the high technologies development were created, where the residents receive tax benefits, the clusters and conditions are created for integration of the science and production (Khabrieva et al. 2015).

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The international scientific and technical cooperation of China is based on a principle of openness to the foreign technologies, scientific achievements, advanced experience. Openness to the foreign experience goes back to the end of the 19th – the beginning of the 20th centuries, when China sent its students to the studies in the American and Japan universities. So, Tsinghua University was intended for selecting the Chinese students for the studies in the foreign universities. It should be said that basic Chinese law “On scientific and technical progress” defines the stimulation of the international scientific and technical cooperation as one of the goals of the legal regulation. Article 15 of this law says that the Chinese government will further the scientific and technical cooperation and the exchange with the of other countries and international organizations, and encourage the scientific and technical and technological institutions, the higher education establishments, scientists and technically qualified persons, scientific and technical non-governmental organizations, and the enterprises and establishments to implement the international scientific and technical cooperation and the exchange in accordance with the law. In a special way, Article 54 of the said law determines the goals of the state and the scientific establishments in the support of the researchers invited from the foreign states and the return of the Chinese scientists. The scientific organizations are obliged to create all necessary conditions for the work and life of the Chinese scientists, who returned to China from abroad to conduct the research. The government guarantees a priority right for permanent residence to the foreign scientists, who decided to carry out the research in China. Sources of the legal regulation of the international scientific and technical cooperation in China are as follows: 1) International customs. 2) The international treaties in the sphere of the scientific and technical cooperation. China is a member of a whole number of the international organizations and a participant in the universal and regional multilateral agreements in the sphere of sciences and technologies. Within the SCO China has the closest cooperation in the spheres of science and technology with the Russian Federation. On December 18, 1992 in Beijing the Russian Federation Government and the Government of the People’s Republic of China entered into the Agreement for the scientific and technical cooperation (Current international agreements for scientific and technical cooperation 2009). The Agreement contains the mutual interest in establishing the direct scientific ties between Russia and China’s research institutes, financing of the joint scientific and innovation projects. The said Agreement determines the forms of cooperation in the sphere of science and technology: а) mutual exchange of the specialists and information in the scientific and technical sphere; b) transfer of the scientific and technical knowledge and exchange of the best practices; c) joint carrying out of the scientific and technological research and developments, and organization of the joint research centers, laboratories, creation of the scientific groups and the temporary scientific teams etc.; d) organization and holding of the joint multi-format scientific events (forums, conferences, workshops, scientific and technical exhibitions etc.) and other forms of cooperation. On the whole this is the Framework Agreement, which implies the development of specific measures in the sphere of the scientific and technical cooperation in the additional agreements, the national laws and in the form of the support for various scientific projects.

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On February 25, 1993, in addition to this Agreement the Governments of the Russian Federation and the People’s Republic of China signed the Protocol on principles of protection and allocation of rights for the individual property. The Protocol establishes the guarantees of the rights of the participants in the scientific and technical cooperation for the intellectual property protection: the compulsory allocation of the rights for the facilities, which are created during the scientific and technical cooperation; the guaranties of paying the remuneration for the inventions created; the procedure of patenting of inventions, etc. (Hart 1994). A specific place, among the cooperation agreements and treaties, is held by the Program of cooperation between the regions of the Far East and Eastern Siberia of the Russian Federation and the North-East of the People’s Republic China (2009-2018), which, alongside with the boundary issues, the transport development and the production, solves the issues of creation and implementation of the joint scientific and innovation projects (Ivanov 2018). So, in particular, the program provides for the creation of some special scientific and technical zones in the form of parks, incubators, centers and platforms in Russian and Chinese cities: – Russian-Chinese experimental innovation platform “Technograd” in the town of Partizansk; – a zone within the Russian-Chinese park on introduction of the information technologies (“one park – three zones”) in Vladivostok; – the Russian-Chinese center of transfer of agricultural technologies in the Amursk region; – a park of the Russian-Chinese scientific cooperation in Changchun; – the Russian-Chinese park of the scientific and technical cooperation in Liaoning; – the Russian-Chinese parks on introduction of the information technologies in Haerbin и Mudanjiang (“one park – three zones”); – the Russian-Chinese park on introduction of high and innovation technologies in Dalian. Moscow also plans to open the scientific and technical park of the Russian-Chinese friendship. It should be said that each scientific and technical zone developed the target programs with specific projects on the whole number of the scientific and technical research and innovation productions. 3) The Chinese laws in the sphere of the science, the innovation activities and the intellectual property protection: – the laws of the People’s Republic of China; – the subordinate regulatory acts in the form of the programs of the science and technology development. 4) The party documents in virtue of the peculiarities of China’s political and legal system. Therefore, the fixation on return of the Chinese scientists and the support of the specific scientific projects and programs can be considered as distinctive features of the legal regulation of the international scientific and technical cooperation of China. A scientific cooperation between Russia and China is developing intensively. 3.2 Science and Scientific and Technical Cooperation in India: Legal Aspects Currently India is one of the successfully developing countries, including in the sphere of science and technology. Taking into account the fact that this state became free from the colonial dependence and ceased to be a part of the British Empire just several decades of years ago, it is possible to speak about a special value of its experience of the legal building including in regulating the scientific and technical sphere. In the second half of the 20th century India went a very hard way in terms of its social-political, cultural- ideological and production-economic development (Alaev et al. 2010, p. 451-460). The Constitution of

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India of 1950, which is a result of series of political compromises, and which tried to enshrine the modernization of the Indian social and political system (Maklakov 2006, p. 423), according to Krasheinnikov, the constitution coexists with an alternative religious and philosophical interpretation of human rights (the Hindu and Buddhistic interpretation, a special term “sanskritization” is used) (Krasheninnikova 2013, p. 176-261). As the modernization tendencies are getting more intense, a national- cultural orientation of the Indian , its sanskritization is getting more intense too. Kovler draws the similar conclusions in terms of the law anthropology, when studying homojuridicus of the Hindu community (Kovler 2002, p. 201-212). The said peculiarity can be traced in the sphere of regulating the science and the scientific activities too. The literature said that at the present stage India actively carries out, at the state level, a deliberate policy to support the development of the information-telecommunication technologies, in spite of the initial difficulties with financing of this sphere and attraction of the foreign investments in it. However, due to the deliberate policy and state support in this sphere, and the Indian businessmen’s activities, India managed, for a comparatively short period, to build a powerful industry of information-communication technologies and to develop an export branch of the software manufacturing, when orienting to its competitive advantages in this sphere (Balashova and Lazanyuk 2004, Bornaki and Salami 2018). Therefore, it is possible to conclude that, in spite of initially unfavorable conditions, even on such a science-based and high-technology sphere, as the information and communication technologies, India managed to achieve serious success, which also makes it possible to speak about the necessity to take into account India’s experience in legal regulation of the scientific activities in Russia. The researchers are fixing India’s significant success in the sphere of the innovation activities too. Various measures, which are aimed at stimulating the innovation types of the activities, serve as an object of particular attention. Within the comprehensive events, particular emphasis is made on creating the infrastructure facilities, a necessary help is rendered on their further technical and information support, particular attention is also paid to hedging the risks of innovation activities through the state co-financing of different projects (Kalyatin et al. 2011, p. 10). As important composite elements of India’s innovation system, the authors mention the technological parts, centers and incubators, every king of support for which is one of the major state tasks. In the sphere of regulating the scientific activities India uses the five-year plan methods (an adoption of the positive Soviet experience), which cover, among other things, planning of the state policy in the said sphere. The analytical statement on India said that at the beginning of 2013 the 12-th five-year plan was started, during which it is planned to double the state financing of the science and technologies development from 2013 to 2018, as a result of which, in particular, by 2020 г. India is expected to rank fifth in the world in the level of the research activity (according to the results of its performance in 2014 it ranked eleventh) (Republic of India 2016, p. 16). Today India’s scientific and technical system is represented by the following agencies: the central governmental scientific and technical departments; the independent research institutes; its own private Research and Development; the Research and Development of non-governmental organizations; the scientific and technical departments of states; central socio-economic and other ministries (Republic of India 2016, p. 17). The central governmental scientific and technical departments include: the Ministry for Science and Technologies; the Department for Atomic Energetics (established in 1954); the Department for Biological Technologies; the Ministry of Sciences about the Earth; the Department of Scientific and

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Industrial Research; the Indian Council for Medical Research; the Organization of Defense Research and Development; the Department for Space Affairs (Republic of India 2016, p. 18). India also implements a number of scientific programs and programs of the science support, in particular, India’s Space Program, the Indian organization for research of the cosmic space, the Atomic program of the Republic of India, the Jeitaper nuclear-energy project, the Institute of plasma research, the Program of research and development for furthering the industry, the Program of innovations and development of technologies, the Program of management of technologies, the Program of international transfer of technologies, the Program of consulting in the sphere of promotion, the Program of facilitation of informing in the sphere of technologies, the National project for joining of India’s rivers (Republic of India 2016, p. 19-32). Significant attention is also paid to the international scientific cooperation, it is possible to mention, in particular, the Center of international cooperation in the scientific sphere, the Center for science and technologies in the non-alignment countries and other developing countries, the Indian and French center of furthering the advanced research, the Forum for science and technologies between India and the USA, the Indian and German center for science and technologies. The Russian and Indian Scientific and Technological Center was established in 2010 as a result of signing the Joint statement of the heads of state of India and Russia dated January 25, 2007. Finally, it is necessary to state the Indian industrial parks, which include Kerala technological park, Electronic city, Industrial Bengaluru Industrial park, Hi-tech city, Genom valley (Nikiforova 2009, p. 66). It is also necessary to say separately about the and the science management in India. The literature mentions the sequence that the Indian government displayed in the sphere of regulating the scientific activities: the political program documents of 1958, 1983, 2003, 2009 and 2013 determine that a key to the national prosperity is an effective combination of three constituent parts: technologies, raw materials and capital, out of which the first factor is the most important, since the creation and application of the new science-based technologies compensates a shortage of the materials and financial resources in the country (Petrovsky et al. 2017, p. 27). Development of the science management system in India went a complicated and productive way. In the period from 1954 to 1986 the main state authorities were established in this field, which determine the scientific activities on the main strategic areas (Petrovsky et al. 2017, p. 28-29). Since 1991 the strategic fundamentals of the science management have been changed in a way: the Indian science is getting open, and oriented, among other things, to the international cooperation, and obtains a significant state support. In 2013 the Department of science and technologies accepts the document “Science, technologies and innovation policy”, which formulates the provision that the orientation to the human capital and improvement of the people’s quality of life are a new national paradigm of India’s policy in the field of science, technologies and innovations (Science, technology and innovation policy 2013). The same document determines a goal of the scientific and technical policy in India, which consists in the building of a strong and competitive national system for conducting the high-technology scientific research and development, which target a person. The Indian society on the whole is acknowledged as the principal party in interest and a beneficiary, while the results of the research and developments must be accessible to the most of the country’s inhabitants (Science, technology and innovation policy 2013). This clarifies the content and the direction of priorities of the scientific policy in India, which explains the active state support for the scientific research. It is necessary to say separately about the state support for the science in India. The literature said that an amount of the general financing of the research and development from the state has increased

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Ekoloji 28(108): 2659-2679 (2019) significantly recently: from $15.6 billion in 2000 to $ 66.5 billion in 2015. The GDP shares also have a growth of the state expenses for the research and development: from 0.74% (2000) to 0.85% (2015) (Science, technology and innovation policy 2013, p. 29). But, on the whole, significant difficulties are stated in India’s scientific development, especially in scientometric terms. This is not a very typical figure, especially, considering that India shows the highest GDP growth rate among the BRICS countries in the post-crisis period (2010-2018). The main principles of the modern scientific and technical policy of India include: – fixation on the national human resources; – aspiration for achievement of the top positions in the science and technologies; – organization and carrying out of the research and developments on the priority areas; – assurance of participation of all the interested persons in the development, adoption and further execution of decisions (Mashelkar 2008, p. 302). As you can see, those principles reflect the national orientation of the scientific and technical policy, and a significant share of democratism. With account taken of about 40 % of the researchers of the Indian origin work outside of India, it is necessary to recognize such an approach as quite justified and substantiated. It is significant that the national orientation (orientation to the domestic ratings, quotation systems, justifiability of developments by the domestic economy, policy and culture, and not to the foreign ones) of the scientific and scientific and technical policy is seen for Russia as necessary as for India, since it is able to assure the weakening of an outflow of the human scientific capital and the nationalization of the advanced developments. 3.3 Science and Scientific Cooperation in Kazakhstan: Legal Aspects In the former Soviet Union Kazakhstan is one of the leading states in terms of the legal and political development including with regard to the legal regulation of the science and the scientific activities. The regulatory framework of the said sphere of application of the state activities can be considered as well- formed too, the main legislative instruments and subordinate regulatory acts are adopted. So, as the main regulatory act, it is necessary to mention the law of the Republic of Kazakhstan dated February 18, 2011 No. 407-IV “On Science”. As a scope of this statutory legislative instrument, its preamble defines the social relations in the scientific and technical field, and also says that this law defines the major primary provisions and mechanisms of functioning and further development of the national scientific system of the Republic of Kazakhstan. Thus, this is a full-fledged basic statutory legal instrument in the sphere of regulating the scientific activities. The said law legally defines the science, by which a sphere of human activities is meant, whose function is the study of laws of the nature, society and thinking, elaboration and a theoretical systematization of the objective knowledge about the reality in order to rationally use the natural wealth and efficient management of the society (Article 1 of the law of the Republic of Kazakhstan “On Science”). However, this law also defines the other terms and notions of the scientific sphere such as “scientific research”, “scientific activities”, “scientific worker” etc, which indicates a certain, high level of development of the legislative technique in the sphere of regulating the science and the scientific activities. The said law, in a framework way, defines a competence of the state authorities in the sphere of regulating the science and the scientific activities, a legal status of the subjects of the scientific and (or) the scientific and technical activities. For example, according to Article 7 of the analyzed law, the scientific, engineering and technical and other personnel, who carry out the scientific and (or) scientific and technical labor activities in various scientific organizations, research institutes, higher education establishments, and

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Ekoloji 28(108): 2659-2679 (2019) the scientists, who carry out this activities independently are recognized as an individual – a subject of the scientific activities. Thus, there is a tendency of combination of the academic and university science, which is similar to the Russian one, the higher education establishments are considered not only as educational, but also as scientific centers. By the way, according to Article 8 of this law a scientific organization is a legal entity, the main activities of which are implementation of the scientific, scientific and technical and innovation activities including the exercise of a right to the intellectual property items, and carrying out of various Research and Development. Articles 9 and 10 of the law of the Republic of Kazakhstan on Science defines the scientific activities of the higher education establishments and a status of the research university, which also confirms a thesis about similarity of the processes in the sphere of regulating the science, which take place in the former Soviet Union. Subjects of managing the scientific and scientific and technical activities in Kazakhstan are the Government of the Republic, the Supreme scientific and technical commission, the national scientific councils, and the national center of the state scientific and technical expert examination. The scientific activities are financed via the grant support, state assignments, and some other target events, in respect of which the specialized subordinate regulatory legal acts are adopted and they are in force. The national scientific portal of the Republic of Kazakhstan regularly states about the held competitions, for example, the Ministry of defense and aerospace industry of the Republic of Kazakhstan, the Ministry of Healthcare of the Republic of Kazakhstan hold competitions for holding the scientific research within the program- target financing for 2018-2020. Kazakhstan carries out the international cooperation in the sphere of science with Russia, the USA, Belarus, Korea, Great Britain, Ukraine, the People’s Republic of China and some other states, it carries out the broadest cooperation with Russia. As regards China, Kazakhstan cooperates, in particular, with the INTI of the Sintszian-Uigurski autonomous district. Thus, it is possible to conclude that Kazakhstan implements an active scientific and technical policy, when borrowing the Russian and American methods and stimulating the scientific activities, and when developing the international scientific cooperation with other countries, including within the SCO. 3.4 Tajikistan: Legal Regulation of Scientific and Scientific and Technical Cooperation One of the first Agreements for the scientific and technical cooperation, which was signed after the USSR collapse between the Russian Federation and the Central Asia states, was the Agreement between the Russian Federation and Tajikistan (Moscow, May 25, 1993). This Agreement emphasizes the importance of the scientific and technical cooperation, which is acknowledged as a necessary part of the whole complex of bilateral interstate relations. The importance of building of a constructive interaction in the sphere of science and technology is also dictated by the processes of quick accumulation and transfer of knowledge, and the globalization of the conducted scientific research, which is a worldwide trend today. It is emphasized that the building of the scientific and technical ties between the two countries is based on once-common historical foundation of the Russia- Tajikistan cooperation. The modern period will be characterized by the directionality to strengthening of the friendly relations between the peoples and to create the conditions for further development of the mutually advantageous trade and economic and cultural and humanitarian ties. When entering into the Agreement Russia and Tajikistan took into account the modern priorities of development of the scientific and technical progress in the both countries and the availability of the existing integrated elements in the national scientific and technical potentials. In the Agreement the parties jointly determine an open enumeration of the priority areas of cooperation in the sphere of the science and

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Ekoloji 28(108): 2659-2679 (2019) technology, such as the information-communication technologies, economically-clean production and energetics; the newest methods of bioengineering and others. Actors of cooperation in the established sphere can be the collective subjects represented by the relevant ministries, agencies, research institutions, universities, firms, scientific and non-governmental organizations of the both countries within their competence, and the individual subjects represented by separate representatives of the academic community, scientists. The possible forms of the scientific and technical cooperation between the countries are as follows: – implementation of the joint research programs and projects in the sphere of the fundamental and applied sciences in the research institutions, higher education establishments, industrial parks with possible carrying out of the joint field research, expeditions; – formation of the temporary scientific teams, laboratories, innovations firms; – mutual exchange of the scientific and technical information, samples of articles, know-how and licenses and patents; – carrying out of multi-format scientific events (forums, symposia, conferences, topical workshops, etc.); – mutual exchange of researchers and specialists, organization of various programs of the improvement of professional skills, training course, etc. for them. The authors believe that an important provision of this Agreement is a push to aspiration for simplifying the different formalities, which are connected with implementation and further development of the interstate scientific and technical cooperation, while orienting to the national laws, which can regulate the legal gaps, which are found in the course of cooperation. This Agreement serves as a certain basis for entering by the countries into subsequent treaties and agreements for the scientific and technical cooperation. Currently at the intergovernmental level the following agreements are entered into and are in force: – the Agreement between the governments of the Republic of Tajikistan and the Russian Federation for cooperation in the sphere of culture, science and technology, education, healthcare, information, sports and tourism dated 19.09.1995; – the Agreement between the Russian Federation Government and the Government of the Republic of Tajikistan for cooperation in the field of the qualifying evaluation of the highly-trained scientific and academic personnel dated 12.02.2007; – the Agreement between the Russian Federation Government and the Government of the Republic of Tajikistan for creation and activities of the International research center “Pamir-Chakaltaia” dated 29.08.2008. There are some agreements entered into between the Republic of Tajikistan and entities within the Russian Federation, for example: – the Agreement between the Government of the Republic of Tajikistan and the administration of the Moscow region for cooperation in the trade-economic, scientific and technical and cultural fields dated 07.07.1995; – the Agreement between the Chuvash Republic Government and the Government of the Republic of Tajikistan for the trade-economic and the scientific and technical cooperation dated 18.11.1996; – the Agreement between the Governments of the Republic of Tajikistan and Bashkortostan for the trade-economic and scientific and technical cooperation dated 31.03.1998;

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– the Agreement between the Government of the Republic of Tajikistan and the Government of the Saratov region of the Russian Federation for the trade-economic, scientific and technical and cultural cooperation dated 30.11.1999. The agreements and treaties for the scientific and technical cooperation between the academic organizations of Russia and Tajikistan are entered into separately, for example: – the Treaty on cooperation between the Russian Academy of Sciences and the Academy of Sciences of the Republic of Tajikistan dated 06.02.1995; – the Agreement for the scientific and technical cooperation between the Academy of Sciences of the Republic of Tajikistan and the Russian Academy of Sciences dated 11.12.2008; – the Agreement of cooperation between the Russian Foundation of Fundamental Research and the Academy of Sciences of the Republic of Tajikistan. Additional Treaty No.1 to the Agreement for cooperation between the Russian Foundation of Fundamental Research and the Academy of Sciences of the Republic of Tajikistan dated 20.01.2009; – the Agreement between the Academy of Sciences of the Republic of Tajikistan and the Siberian branch of the Russian Academy of Sciences for the scientific and technical cooperation dated 18.05.2014; – the Treaty on scientific and teaching cooperation between Lomonosov Moscow State University and the Academy of Sciences of the Republic of Tajikistan dated 01.09.2009 and others. The abovementioned enumeration of treaties and agreements on scientific and technical cooperation of the Russian Federation and the Republic of Tajikistan makes it clear that the main subject of building and the further coordination of the scientific ties from the Tajik part is the Academy of Sciences of the Republic of Tajikistan. L.L. Khoperskata fairly said that “since the majority of the authoritative leading research workers, who are employed in the Academy of Sciences of the Republic of Tajikistan, graduated from the Soviet and Russian higher education establishments, who received the academic ranks and degrees in the system of the Supreme Attestation Commission of the USSR and the RF, a large part of the joint research is implemented with the Russian scientists and scientific organizations” (Khoperskaya 2016, p. 74). Today the Academy of Sciences of the Republic of Tajikistan consists of three branches and 20 research institutes, which have close educational and scientific and technical ties with various Russian universities and the academic organizations (for example, Lomonosov Moscow State University, St Petersburg University, Russian University of Peoples’ Friendship, Steklov Mathematical Institute, Ioffe Institute and others). Active cooperation is implemented with various specialized institutes of the Russian Academy of Sciences, for example, P.N. Lebedev Physical Institute, K.A. Timiryazev Institute of Plant Physiology, Paleontological Institute, Institute of Demography, Institute of Economy, Institute of Linguistics, Institute of Ethnology and Anthropology, Institute of Oriental Studies, Institute of State and Law, Institute of , Institute of Social Science and others. The modern organization of the international joint scientific research is often based on a project approach, which describes a specific plan of events (a road map, a program) and has a full cycle. One of such examples of the scientific and technical cooperation between Russia and Tajikistan is establishment, on the basis of the abovementioned intergovernmental Agreement within the fundamental scientific research, of the International research center “Pamir-Chakaltaya” to carry out the joint nuclear- and astrophysical research of the space rays of superhigh energies on a scientific ground for the period up to 2020 within the international experiment “Pamir-Chakaltaya”, and the preparation of proposals to the

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Ekoloji 28(108): 2659-2679 (2019) project of creating the complex experimental unit “Pamir-XXI” to study the cosmic particles of superhigh energies. However, in spite of the provisions on diversified sources of financing the Center’s activities, which are written in the Agreement, the most of which are the parity parts of the federal budget of the Russian Federation and the Republic of Tajikistan, today this project suffers a shortage of financing and it suspended the experimental research being conducted. Another example of the close scientific and technical cooperation of the two countries is carrying out by the institutes of the Branch of physical-mathematical, chemical, geological and technical sciences of the Academy of Sciences of the Republic of Tajikistan 2011–2015, jointly with the Russian research institutes, of the research, which is aimed at creating and introducing the mathematical models of optimizing the operation of the hydroelectric power plant with a reservoir. This research is aimed at joint search for decisions on improving the joint and efficient use of the water-energy resources of the transboundary rivers of Central Asia. The academic organizations of Russia and Tajikistan are exchanging the scientific information permanently. So, Indira Gandhi Central Scientific Library of the Academy of Sciences of the Republic of Tajikistan, with the help of Russian National Public Library for Science and Technology, formed and fills the electronic catalogue on the platform of the program of the Integrated Expansible Library Information System. The Foundation is replenished permanently, it acquires the Russian scientific journals, which are published by the institutes of the Russian Academy of Sciences. The library also created an electronic version of the catalogue of dissertations on the basis of the platform. The dissertation councils are created and they function on the basis of the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan for cooperation in the field of qualifying evaluation of the highly trained scientific and academic personnel (Dushanbe, February 12, 1997) on the basis of research institutes of the Republic of Tajikistan and a number of higher education establishments, by the order of the High Attestation Commission of the Ministry of Education and Science of the Russian Federation. The postgraduate students and the applicants, who defended the dissertations at those councils, are awarded the scientific degrees of Candidate and Doctor of Sciences with issuance of the relevant Russian diplomas (Lukashuk 2007, p. 300). Creation of the Russian-Tajik (Slavic) University in 1996, which is an interstate educational establishment of higher professional education and which is under the joint jurisdiction of the Ministry of Education and Science of Russia and Tajikistan can be considered as a successful major project. The specialists in the university are trained according to the educational programs in accordance with the State Educational Standards, which are established in the Russian Federation. The higher education establishments of the Russian Federation and the Republic of Tajikistan cooperate with each other successfully within the SCO network university, which was established in 2008, and which implements the joint training of the highly-trained specialists on the basis of joint innovation educational programs on the specialties, which are oriented to the real economy and are of priority interest to the modern economic and social development of the member states of the Shanghai Cooperation Organization (regional studies, energetics, nanotechnologies, IT-technologies, environmental science, pedagogy, ). Through the Federal Agency for the Commonwealth of Independent States Affairs, Compatriots Living Abroad, and International Humanitarian Cooperation “Rossotrudnichestvo” the Republic of Tajikistan has two representative offices of the federal agency – Russian center of science and culture in

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Dushanbe and Russian center of science and culture in Khodjent, whose goal is, among other things, to coordinate the scientific and technical and educational cooperation between the countries (Valeev and Kurdyukov 2010, p. 456). The analyzed multi-format experience of the scientific and technical cooperation between the Russian Federation and the Republic of Tajikistan, its historical prerequisites make it possible to speak about the modern close scientific integration, in which Russia plays a crucial role. 3.5 Uzbekistan: Legal Regulation of the Science and the Scientific and Technical Cooperation After the USSR collapse it was necessary for the new independent states, which had belonged to the common union state, to establish and to build the diplomatic relations with Russia as a legal successor to the USSR again, in a new status. Russia and Uzbekistan established the relations at a diplomatic level on March 20, 1992. As of today, the interstate relations of the two countries have a stable legal foundation and they are regulated by almost two hundred agreements and treaties, which were entered into at various levels. Some documents, which regulate the scientific and technical cooperation between the countries, were signed: – the Agreement between the Government of the Republic of Uzbekistan and the Russian Federation Government for cooperation in the field of geodesy, cartography, cadaster and the Earth remote sensing (Tashkent, March 19, 1993); – the Agreement between the Russian Federation Government and the Government of the Republic of Uzbekistan for the scientific and technical cooperation (Tashkent, July 27, 1995); – the Agreement between the Government of the Republic of Uzbekistan and the Russian Federation Government for creating the International Radio-Astronomical Observatory on the plateau Suffa (Tashkent, July 27, 1995); – the Agreement between the Russian Federation Government and the Government of the Republic of Uzbekistan for cooperation in the sphere of the use of the atomic energy for peaceful purposes (Tashkent, December 29, 2017 ) and others. On July 27, 1995 in Tashkent the Russian Federation Government and the Government of the Republic of Uzbekistan signed the Agreement for the scientific and technical cooperation, which is a framework agreement in this field and which is aimed at development and further strengthening of the cooperation in the field of the science and technology between the two countries, which is based on the principles of equal rights and mutual interests (Vasilenko et al. 2014, p. 120). Article 2 of the Agreement says that the cooperation in the field of the science and technology within the Agreement is based on the national laws of the both countries and on the interstate treaties and it is regulated by them. Thus, this Agreement enshrines the two-level statutory regulation of the scientific and technical cooperation between the countries, which corresponds to the modern conditions of the cooperation between the states in the field of the science and technology within the SCO. Article 5 of the Agreement enshrines the possible forms of the cooperation, whose enumeration remains open. Those forms of cooperation are enshrined in the similar agreements, which Russia entered into with the other states, and they are universal in a sense: implementation of the joint research programs and projects; mutual consultations on forming the scientific agenda; creation of the joint research organizations, formation of joint temporary scientific teams, which carry out the modern priority scientific research; assurance of access of the researchers of the both countries to the unique and state of the art experimental equipment, and cooperation in its development, production and acquisition; exchange of the

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Ekoloji 28(108): 2659-2679 (2019) scientific and technical information; holding of the joint scientific and scientific and practical events (conference, workshops, exhibitions and others). In order to implement the coordination to carry out the joint scientific research, and in order to assure the efficient implementation of specific events within the concluded Agreement, the mixed Russian-Uzbek commission for the scientific and technical cooperation was set up, which is led by the heads of relevant agencies of the two countries. At the same time, on July 27, 1995 in Tashkent, the two governments also entered into the Agreement for creation of “International Radio-Astronomical Observatory “Suffa” to carry out the fundamental scientific research of the cosmic space and to develop the further effective cooperation on the international programs in this field (Zelalem et al. 2018, p. 220). It is necessary to say that unlike the joint Russian-Tajik International research center “Pamir-Chakaltaya”, which is not financed now, the Russian-Uzbek project “International Radio-Astronomical Observatory “Suffa” is developing actively. At the highest level of the both states, it was decided to build a new radio telescope “Suffa” by 2024 on a parity basis, where the Russian scientists (P.N. Lebedev Physical Institute of the Russian Academy of Sciences), the leading astronomical organizations of the country, Pulkovo and Crimea Observatory) are responsible for a tool part of the project, while the Uzbek specialists will create a necessary infrastructure, and they will take part in forming the scientific program “Suffa”. Amount of financing of this project will almost double: from $ 50 million (2005) to $ 100 million. The modern relations between the two countries are also characterized by the regular meetings at various levels, as a result of one of those meetings in April 2013, the interstate programs of cooperation in the cultural and humanitarian and scientific and technical spheres for the period of 2013-2015 were signed. The countries are contacting with each other regularly at the highest and high levels within the events of the multilateral entities (CIS, SCO). The Russian-Uzbek cooperation in the sphere of the atomic energetics became much more intense. On November 2, 2017 the State Corporation Rosatom and the Academy of Sciences of the Republic of Uzbekistan signed the Memorandum for cooperation in the field of the use of the atomic energy for peaceful purposes. In furtherance of this document, on December 29, 2017 in Tashkent the Russian Federation Government and the Government of the Republic of Uzbekistan signed the Agreement for cooperation in the field of the use of the atomic energy for peaceful purposes. Signing of the full-fledged interstate agreement for building the nuclear power station in the Republic of Uzbekistan is on the agenda. Russian and Uzbekistan are closely interacting with each other in the field of the science and education, the cultural-humanitarian cooperation. The leading Russian universities (Lomonosov Moscow State University, Plekhanov Russian University of Economics, Gubkin Russian State University of Oil and Gas) have their branches in Tashkent. In Uzbekistan the Russian center of science and culture of Rossutrudnichestvo, within which a complex of multi-format cultural, educational and scientific and methodological events is held regularly, and the events for popularizing and promoting the Russian language and education in Russian in Uzbekistan are organized. 3.6 Legal Regulation of the International Scientific and Technical Cooperation in Kyrgyzstan After the USSR collapse the science in the Kyrgyz Republic has a though time – poor financing, obsolete material and technical basis, low salaries of scientists. In 2001 the number of Kyrgyzstan’s scientists made up 4 thousand people, in 2015 their number decreased to 1913 people. Amount of financing of the scientific research is only 0.08 % out of the GDP. The government is financing the salaries and the

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Ekoloji 28(108): 2659-2679 (2019) public utilities. The funds are not allocated for the research and the material and technical basis. The scientific research is mainly carried out with the support and jointly with Russia within the international scientific projects. The scientific research are managed and coordinated by the Kyrgyz Government, the Council for science, innovations and new technologies under the Kyrgyz Prime-Minister, the Ministry of Education and Science of the Kyrgyz Republic and the Academy of Sciences of Kyrgyzstan (it was established as a branch of the Academy of Sciences of the USSR in 1954). The legal regulation of the international scientific and technical cooperation in the Kyrgyz Republic is based on the following sources: 1) the Laws of Kyrgyzstan in the field of science “On science and on fundamentals of the scientific and technical policy” dated June 16, 2017 and “On the National Academy of Sciences” dated July 25, 2002. It should be noted that Kyrgyzstan’s law “On science and on fundamentals of the scientific and technical policy”, among the principles of the scientific and technical policy, determines a principle of making the best of the possibilities of the world science and the international scientific and technical cooperation to assure the scientific and technical progress. Apart from that, the law contains an independent chapter about the international scientific and technical cooperation, which determines the areas of cooperation (joint scientific research, scientific conferences, mobility of scientists etc.). The Law “On National Academy of Sciences” determines the development of the international scientific and technical cooperation among the task of the Academy of Sciences of Kyrgyzstan, and Article 23 establishes the authorities of the Academy of Sciences to implement the international ties. 2) Subordinate regulatory acts. 3) International treaties. Kyrgyzstan’s international treaties, which were entered into, in particular, with Russia in terms of implementation of the joint scientific projects and creation of scientific sets, include: – the Agreement between the Russian Federation Government and the Government of the Kyrgyz Republic for creating the international research center – geodynamical ground in Bishkek dated December 31, 1997; – the Protocol between the Russian Federation Government and the Government of the Kyrgyz Republic on the legal and property status of the scientific station and the experimental and methodological electromagnetic expedition of Joint Institute for High Temperatures of the Russian Academy of Sciences in Bishkek dated December 31, 1997; – the Agreement between the Russian Federation Government and the Government of the Kyrgyz Republic for making changes in the Protocol between the Russian Federation Government and the Government of the Kyrgyz Republic on the legal and property status of the scientific station and the experimental and methodological electromagnetic expedition of Joint Institute for High Temperatures of the Russian Academy of Sciences in Bishkek dated December 31, 1997 and in the Agreement between the Russian Federation Government and the Government of the Kyrgyz Republic for creating the international research center – geodynamical ground in Bishkek dated December 31, 1997 and others. 4) The international customs, which are mainly expressed as the forms of the scientific activities existing in the international practice – carrying out of the scientific events to make public the research results, exchange of scientists and others. Thus, the orientation to the international cooperation mainly with Russia, as a factor of survival of the scientific sector serves as a feature of the science in Kyrgyzstan. Financing of the major scientific subjects

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Ekoloji 28(108): 2659-2679 (2019) and events is based on the international treaties and grants of the Russian Federation. So, in the vicinity of Chon Kurchak village, the Russian scientific station on studying the space processes is operating. The scientific station of the Russian Academy of Sciences in Bishkek carries out the research on a whole number of the scientific projects through the grants of the Russian Science Foundation, for example, the study of the modern geodynamic processes as the basis of a forecast of the earthquakes in the earthquake-prone regions. Thus, it is necessary to state a weak integration in the sphere of science and technology and a relevant legal regulation of the scientific and technical cooperation within the SCO. The scientific and technical cooperation is chiefly built on the bilateral basis between the SCO member states. Such agreements are mainly entered into by each SCO member country with the Russian Federation. Russia within the SCO serves as an integrator of the scientific and technical cooperation and it initiates the joint scientific and technical projects. 4 Conclusion The conducted research of regulating the scientific activities, the science and the scientific and technical cooperation in some countries of the Shanghai Cooperation Organization makes it possible to draw several conclusions: In 2015 at the highest level the Strategy of development of the Shanghai Cooperation Organization up to 2025 was signed. This strategic document says that the participants in the interregional association to perform and to develop the Agreement for the scientific and technical cooperation dated 2013 will develop the mutually advantageous diverse cooperation in various fields, such as the field of advanced environmental protection technologies, renewed and alternative environmentally-clean sources of energy etc., in the interests of the sustainable development. The priority attention will be also paid to the programs and projects of innovation interaction, which are of mutual interest; improvement of the contractual-legal base, including the elaboration and implementation of the plans of the scientific and technical partnership within the SCO; development of a dialogue in the sphere of the scientific and technical innovations; implementation of the exchanges of the scientific and technical achievements and others. According to the Strategy provisions, the SCO member states, in the bilateral and multilateral formats, are planning the furtherе step-by-step building up and deepening of the multi-format relations between the scientific, research and cultural and educational organizations, implementation of the joint research projects. In spite of the common historical background, the modern close economical and scientific and technical ties, it is necessary to say that the Central Asian SCO countries, having gone the way of their own making and development as independent states after the USSR collapse, are too different today, which can be observed through the example of the unbalance of their legislative systems. So, their further development requires the most careful attention. There is an obvious deficit of the statutory regulation of the international scientific and technical cooperation in the SCO, which can, at this stage, be replenished by the bilateral treaties between the states, which belong to the SCO, which are entered into beyond the framework of the SCO, and the national laws (Yazici 2018). It was said above that one of the important principles of the international scientific and technical cooperation of the RF and the Central Asian states within the SCO is the orientation to the national laws in the established sphere of the social relations, which are in force in each state. It is necessary to note that the international law influences the formation of the national laws in this sphere, which, in its turn, is required by the harmonization of the national laws with the international laws,

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Ekoloji 28(108): 2659-2679 (2019) in particular, through the implementation of the international standards regulating the international scientific and technical cooperation, into the national laws. Some modern authors, who search the SCO as a regional organization, say that unification of intellectual resources of the member countries of this regional organization in the form of creation, by joint efforts, of the international scientific and technological zones, a kind of “science cities” could be a good guarantee of the further fruitful multilateral cooperation of the SCO member states (Vasilenko et al. 2014). Creation of such technology towns, which can be the innovation centers, the scientific, research or technological parks, could be aimed at turning a region with the SCO member states into a high-technology zone with giving this area a special legal status, for example, in terms of the tax and customs benefits on the model of the free economic areas. This format of the scientific and technical cooperation within the SCO will give a new impetus to the cooperation as well as it will require a relevant statutory regulation. In this connection it is necessary to sort out several interrelated aspects of legal regulation of the science and the scientific and technical cooperation within the SCO. Firstly, on the whole, at a level of separate countries, the issues of regulating the science, the scientific activities and the scientific and technical cooperation are regulated by law, the modern world tendencies of globalization and regionalization are taken into account, the necessity of the scientific and scientific and technical cooperation at an interstate level is provided for (Khabrieva et al. 2015, p. 45). The CIS countries, which belong to the SCO, have common approaches, similar principles and methods of regulating the scientific sphere, and the said countries cooperate with each other in the scientific sphere to a high degree. Secondly, it is necessary to say that the Chinese and Indian government authorities pay closer attention to regulating the scientific activities and stimulating the scientific activity. China and India show great success in developing the scientific and technical potential, the high technology production, and a level of industry on the whole. Those countries make great financial investments in the scientific sphere, hold the organizational and material-economic events, which are aimed at supporting the domestic science, including in terms of minimizing the scientists’ migration to the other countries, in terms of involving the foreign specialists, creating the optimal conditions for their work and living. Apart from that, the authorities take measures to return the scientists of the Indian or Chinese origin, who moved abroad, to create the attractive atmosphere for them at home. The authors believe that such approaches to the regulation of the scientific sphere can be adopted successfully by a doctrine of the Russian state-legal policy in the field of the science development. Thirdly, in terms of the interstate scientific cooperation of the SCO members, it is possible to say that there are a significant number of bilateral agreements, and it is necessary to note that Russia is an active participant in those agreements, Russia is mostly interested in development of the cooperation within the SCO, including in the scientific and technical sphere. The Central Asian countries adopt many things from Russia, for example, there are higher education establishments, which work according to Russia’s educational standards and which are simultaneously subordinate to the Ministry of Science and Higher Education of Russia and Tajikistan, Russia and Kyrgyzstan. As regards China and India, they have bilateral relations with Russia in terms of the scientific and technical cooperation, which is the leading factor in organization of the state interaction even here. Fourthly, as a recommendation it is necessary to offer, above all, the streamlining of the scientific and scientific and technical cooperation on the whole at the SCO level, adoption of the multilateral international treaty regulating this sphere, which would unite the common principles, and reflect the common tendencies, which deal with the countries’ scientific sphere, and which would emphasize the differences in the

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Ekoloji 28(108): 2659-2679 (2019) approaches to regulation of the said sphere depending on the specific character of one or another state. Such an agreement can serve as a basis for the streamlining of the internal laws of the SCO countries in order to achieve a more uniform approach to a legal regulation of the science and the scientific cooperation. The latter, in its turn, will make it possible to expand the scientific and scientific and technical cooperation between the SCO member countries, and this international organization будет serve as a link not only in the field of the regional security, but also in the sphere of exchange of the technologies and development of the high technology productions. Acknowledgements The paper was performed with financial support from Russian Foundation for Basic Research (scientific project No. 18-29-15011 “Principles, sources and peculiarities of legal regulation of the international scientific and scientific and technical cooperation and international integration in the sphere of research and technological development in Russia and foreign countries of the Shanghai Cooperation Organization”). References Alaev LB, Vigasin АА, Safronova АL (2010) of India: textbook for higher education. Drofa. Balashova SА, Lazanyuk IV (2004) State regulation of the information technology sector: India and Russia. Electronic journal “Researched in Russia”. Retrieved from http://zhurnal.ape.relarn.ru/articles/2004/199.pdf Bornaki F, Salami A (2018) Neocolonial Agonistic Feminine Identity in Claire Messud’s The Woman Upstairs, Journal of English Literature and Cultural Studies, 1(1): 13-36. Current international agreements for scientific and technical cooperation. 2009: 185-192. Hart HLA (1994) The Conceprt of Law. Second Edition. Oxford University Press. https://issek.hse.ru/news/221864403.html Ivanov SА (2018) Program of cooperation of Russia’s eastern regions and Chinese’s northeast regions: political significance and economic efficiency. Russia’s customs policy in the Far East, 1(82): 54-65. Kalyatin VО, Naumov VB, Nikifirova ТS (2011) Experience of Europe, USA and India in the sphere of state support for innovations. Russian Juridical Journal, 1(76). Khabrieva ТYa, Tiunov ОI, Bevelikova NМ, et al. (Khabrieva ТYa, Ed.) (2015) Shanghai cooperation organization: new priorities of development: monograph. The Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-М. Khoperskaya LL (2016) Scientific cooperation of Russia and Tajikistan: history and modern state. Scientific and information journal “Cultural heritage of Russia”, 3(14): 72-78. Kovler АI (2002) Anthropology of law: textbook for higher education. Norma. Krasheninnikova NА (2013) Legal culture of modern India: innovation and traditional features. Norma. Lukashuk II (2007) International law. Special part: textbook for students of law departments and higher education establishments. Russian Academy of Sciences, The Institute of State and Law, Academic Law University (3rd edition), revised and enlarged. Walters Kluver. Maklakov VV (2006) Constitutions of foreign states, 5th edition, revised and enlarged. WaltersKloover. Mashelkar R (2008) Indian science, technology, and society: the changing landscape. Technology in Society, 30: 299- 308. Nikiforova ТV (2009) Scientific and technical activities in India: peculiarities of state regulation//Vestnik RUDN, series of Economy, 2: 58-68.

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