28/10/2015 16:07

Statute of LEPL - Shota Rustaveli National Science Foundation

 Article 1. General Provisions

  1. Shota Rustaveli National Science Foundation (hereafter referred to as "Foundation") is a legal entity of public law under the governance of the Ministry of Education and Science of Georgia (hereafter referred to as "Ministry"), that is state controlled by the Ministry of Education and Science of Georgia. The full title of the foundation is: Legal Entity of Public Law – "Shota Rustaveli National Science Foundation" (SRNSF).
  2. Pursuant to the set goals and functions, the foundation has its special capacity. The foundation, by itself, acquires rights and obligations, makes deals and comes out in court as plaintiff and defendant.
  3. The foundation is guided by the Constitution of Georgia, international treaties and agreements, the Law of Georgia on Science, Technology and their Development, the Law of Georgia on Higher Education, the Law of Georgia on Legal Entity of Public Law, other legislative and normative acts and the present statute.
  4. In terms of structure, the foundation is established through privatization of state property, with indefinite term.
  5. The foundation is accountable to the Ministry in accordance to the rules set forth by the Georgian legislation.
  6. The foundation possesses its Seal with the State Emblem and the title of the foundation, its independent balance, account in the state treasury and bank, its emblem and other requisites of the legal entity.
  7. Legal address of the foundation: #1 Aleksidze str., Tbilisi.

 Article 2. Goals of the Foundation 

  1. Main goal of the foundation is to finance science through grant system and contribute to the advancement of the science-based society in Georgia.
  2. The foundation aims to:
    1. Maintain rational spending of the amount allocated to science funding, create a unified system of science funding and build society’s trust towards the system;
    2. As part of a healthy competition, to allocate necessary funding for the vitality and development of science system;
    3. Maintain monitoring and transparency of the activities of state science grants’ beneficiaries.
    4. Facilitate internationalization of the science;
    5. Supporting young scientists through encouraging their research and integration of education programs (Academic high education programs of the 2nd and 3rd stages).
  3. Support the development of science in Georgia, provide state and various kinds of services to the scientists, to fulfill the functions set forth by this statute as well as other legislative acts of Georgia.

Article 3. Objectives of the Foundation

The Foundation sets the following objectives:

  1. To support fundamental and Applied researches with the purpose of receiving new or more comprehensive information;
  2. To Support the research of historical and cultural heritage of Georgia as well as modern comparative researches;
  3. To provide institutional support in terms of establishing doctoral schools with the purpose of merging / interlinking higher education and research;
  4. To crate popularity for science within the framework of Lifelong Learning;
  5. To collaborate with governmental, non-governmental, local and international organizations focused on developing and launching new technologies and innovations;
  6. To support the implementation of the research related part of high technology projects focused on economic (commercial) benefit, based on scientific- research institutions and/ or higher education institution in Georgia;
  7. To finance targeted, long term projects that contribute to the return and reintegration of the successful Georgian scientists residing abroad;
  8. To exchange science-related information in the field of science and technology development among the scientists of Georgia and representatives of foreign scientific circles, to facilitate the participation of scientists of Georgia and the specialists of the relevant fields in international programs, conferences and meetings;
  9. To implement other necessary objectives in terms of reaching the set goals, to fulfill liabilities considered by the Georgian constitution.

Article 4.  Activities of the Foundation  

With the purpose of achieving set goals and objectives, the foundation shall undertake the following activities:

  1. Approve and publish information related to the ‘call’ announcement, relevant terms and deadlines, implement the funding of the relevant proposals.
  2. Maintain the targeted funding of the proposals (grant projects) in compliance with strategic directions of education and science development;
  3. Support the development of principally new technologies in order to bring their goods in production, support the application of acknowledged market technologies with the purpose of increasing the country’s export potential;
  4. Support the process of developing and launching new information technologies, formation of the unified information – communication space and its integration into the world’s information and communication space.
  5. The foundation shall arrange seminars, congresses, symposiums, scientific- practical conferences and exhibitions of actors in scientific and technologic field in Georgia as well as abroad, it shall participate in the same types of events arranges in partner countries, facilitate the process of scientists’ exchange through competition and with the targeted funding;
  6. Upon the agreement with the ministry, with purpose of taking relevant decision, the foundation shall strengthen its business contacts with international organizations, relevant state and non-governmental institutions of the foreign countries;
  7. Within its competence, the foundation shall arrange negotiations and make agreements with individuals and legal entities of Georgia and foreign states;
  8. Provide recommendations to the state authorities in the field of science and technology development;
  9. Support the development of Georgian history, cultural heritage and modern comparative researches as well as establishment of the relevant centers and programs.
  10. Should a need arise, by means of individual administrative-legal act, issues bonus (towards the beneficiary, a one-hand activities) honorarium and the scholarship, for the distinguished contribution and achievements in science and technology.
  11. Implement other liabilities defined by the Georgian legislation.

Article 5. Foundation Management and Internal Organizational Mechanisms Supporting its Activities

  1. Managing bodies of the foundation are:
    1. Supervisory Board
    2. Director General
  2. Technical maintenance of activities of Director General, Deputy Director General and a Supervisory Board shall be implemented though the following structural units:
    1. Department of Administration and Law;
    2. Department of Science Grants and Programs, Assessment and Analysis;
    3. Department of Finances, Economic and Material maintenance;
    4. Internal Audit Service;
    5. Public Relations Service;
    6. Office for International Affairs and Fundraising;
    7. Office for Technological Development and Information Support;
    8. Office for Maintaining Scientific and Education events;
  3. Director General shall approve the regulations of sub-units set forth in the second paragraph of this article and shall define the rule of their activities.

Article 6.  Supervisory Board

  1. Supervisory Board is the collegiate body that is formed with the purpose of managing the foundation;
  2. Supervisory Board shall consist of minimum 5 and maximum 11 members;
  3. The Minister of Education and Science of Georgia (hereafter referred to as the Minister) appoint supervisory Board members for a term of 4 years based on the introduction of the Foundation’s General Director. 1/3 of the Board shall be renewed after the half of the determined term is completed. 
  4. Director General or any other staff member of the Foundation shall not be entitled to become a member of the Supervisory Board.
  5. Chairmen of the Supervisory Board shall be elected by Board members among their own number with the term of this Board.
  6. In the event of Chairman’s absence, a Board member shall fulfill the relevant liabilities.
  7. Chairman of the Supervisory Board shall call and chair the Board meeting. Director General of the foundation, Chairman or the half of the members of the board shall be entitled to initiate the invitation of the Supervisory Board meeting.
  8. Supervisory Board shall be authorized if more than half of the Board members attend the meeting. A member of the Supervisory Board has the right to one vote. Supervisory Board takes decisions with the voice of the majority.
  9. Supervisory Board Meetings shall be held in accordance to the needs, but not less than twice a year.
  10. Decisions of the Supervisory Board are formalized through the minutes signed by the chairman of the Supervisory Board. In case a member of the board disagrees with the decision taken, she/he is entitled to express the different opinion in meeting’s minutes (protocol).
  11. Supervisory Board members are obliged to participate in the activities of the board, maintain confidentiality of the information that became known to them during the implementation of their – as board members - activities.
  12. Supervisory Board members are not entitled to reimbursement. If a board member is a foreigner, the foundation is obliged to cover the member’s travel (international and local) and accommodation costs as part of the working visit and reimburse per-diem of 60 Euros equivalent in Georgian Lari.
  13. Competences of the Supervisory Board shall include:
    1. Discussion and approval of the foundation’s action plan (strategy), relevant amendments and main directions;
    2. Discussion of the foundation’s next year draft budget;
    3. Discussion and evaluation of the foundation’s annual report presented by the Director General of the foundation;
    4. Getting acquainted to the conclusions and recommendations of the Audit report;
    5. Control of the activities of the Director General and getting acquainted with the report about implemented activities;
    6. The Board is entitled to arrange a meeting and discuss issues by means of the distance electronic format.
    7. Implementing other liabilities in compliance to this statute and current Georgian legislation.

Article 7. Director General

  1. Managerial and representative liabilities of the Foundation shall be implemented by Director General, appointed with the tem of 4 years, by the Minister of Education and Science of Georgia, upon the agreement with the Prime Minister of Georgia. The same person can be appointed as the Director General only for two consecutive terms.
  2. Director General:
    1. Within his/her competences, shall supervise a foundation, manage affairs of the foundation and take decisions related to the foundation management, shall manage foundation resources, be responsible for the right direction of the foundation activities, targeted and correct spending of the foundation property and financial resources.
    2. Shall acts on behalf of the foundation and represents the foundation in relation to the third persons, or by means of the individual administrative–legal act, grants representative liability.
    3. by means of the individual administrative–legal act, shall appoint and dismiss the foundation employees, conclude employment contracts;
    4. Upon agreement with the minister, within the term of his/her own liabilities, Director General shall appoint and dismiss Deputy director Generals and shall define their functions by means of the individual administrative–legal act;
    5. Shall issue individual legal - administrative acts, ordinances In compliance with the Georgian legislation;
    6. Shall approve the budget or amendments to the budget of the foundation upon agreement with the Ministry;
    7. Shall approves the staff list and a salary of the foundation with the consent of the ministry, by means of individual legal - administrative act;
    8. Shall approve internal regulations of the foundation, its structural sub-units, job descriptions by means of individual administrative legal act;
    9. Shall be entitled to invite specialist and/or experts from various institutions;
    10. Shall distribute liabilities among deputy General Director and employees, shall give relevant indications and tasks, shall monitor fulfillment of the duties and use encouragement and discipline liability mechanisms in relation to the employees;
    11. Shall implement activities assigned under the agreements and memorandums concluded with foreign institutions;
    12. Should a need arise, approves the rules on issuing state scholarships, honorarium, Premium (one-hand towards a beneficiary) by means of individual legal act;
    13. Shall takes decisions on project / call funding in compliance with a competition regulatory acts;
    14. Shall define terms of grant call arrangement and grant application receiving by means of individual administrative-legal act, shall approve grant project implementation midterm and final report form, shall approve the form of presenting projects’ evaluation and correction rules in compliance with approved criteria.
    15. In order to identify the relevance between grant proposals and grant competition conditions, Director General shall create a working group. This group, together with the foundation employees, consist of invited specialist/specialists
    16. Shall take a decision related to termination and renewal of funding of a grant project, or issues related to changing terms and conditions. In the event of failure to fulfill grant conditions, or with the initiative of the project leaders, Director General shall take a decision about the termination of grant funding;
    17. Based on the recommendation of the relevant structural unit, shall approve the date of improving an inconsistency, in case it is in midterm reports provided by the grantees. When inconsistency not repaired in the given term, Director General shall take decision on the termination of grant project funding. During the set period of repairing the inconsistency, as well as in case of failure to improve inconsistency in the set tem, the grant project funding shall stopped.
    18. Shall submit proposals to the Supervisory Board and the Ministry regarding regulating and improving activities necessary for the foundations activities;
    19. Shall work on the development of employees’ professional skills and abilities and increase of their qualification;
    20. Shall submit the draft of the foundation strategy and major directions of activities to the supervisory board for the discussion.
    21. Shall submit the draft of the foundation budget draft to the Ministry;
    22. Shall participates in Supervisory Board meetings without the right to vote;
    23. Should a need arise, regarding the issues related to the foundation’s competences, creates commissions and other types of bodies by means of individual administrative - legal act, defines the rules of their activities;
    24. Implements other liabilities granted by this statute and current legislation of Georgia.
  3. Director General is accountable toward supervisory board and the Ministry.
  4. Director General has a deputy (deputies), the number is defined by the foundations staff list. Deputy General Director is accountable towards the Director General.
  5. In the event of the absence of the Director General, one of the deputies defined by the individual administrative-legal act shall fulfill responsibilities.

Article 8. Forms and Frames of State Control

  1. The controlling authority over the foundation is the Ministry that supervises foundation’s financial and economic activities, the lawfulness, appropriateness and efficiency of its activities.
  2. The Ministry shall have the right to require information and material necessary to implement control be submitted.
  3. With the consent of the Ministry, in accordance with the rules set forth by the legislation, the foundation may implement the following activities:
    1. purchase, take on a lease, alienate and encumber a real estate;
    2. take a loan;
    3. give a warranty;
    4. determine budget, staff list and salary (payroll) fund;
    5. Set the fund limits to be allocated to employees’ financial encouragement (bonus, incentives), as well as, for fuel to be purchased by the foundation and for communication expenses to be incurred by the foundation.
    6. Other decision related to the foundation’s property, exceeding the scope of its regular activities.
  4. In order to carry out activities under subparagraphs b and c of paragraph 3 of this Article, consent of the Ministry of Finance of Georgia shall be sought.
  5. Objection of the supervisory Board and the Ministry to the implementation of the activities defined by paragraph 3 of this article should be formally grounded.

Article 9. Property of the Foundation and Source of Funding

  1. The foundation possesses the property in accordance to the rule set forth by the legislation.
  2. The foundation property is major cash flow, other material and non-material values (patents, property right and licenses) and financial resources.
  3. The following can be the funding source of the foundation:
    1. Funds allocated form the state budget of Georgia;
    2. Fees set for providing services by the foundation. Income received from the contract based work/services.
    3. Funds received from local and international organizations , including targeted grants;
    4. Endowment from legal entities and individuals, including funds received from the charity;
    5. Other income permitted by the Georgian legislation.
  4. The funds and incomes under the 1st, 2nd and the 3rd paragraphs of this article shall be used for achieving foundation goals and implementing its functions.
  5. In accordance to the applicable legislation, the foundation shall keep accounting, reporting on financial and economic activities, prepare balance sheet, and submit it to the Ministry
  6. An independent auditor assigned by the Ministry shall evaluate annual balance and other directions of the foundation.

Article 10. Reorganization and liquidation of the Foundation

  1. Procedures of reorganization and liquidation of the foundation shall be regulated in accordance to the Georgian legislation.
  2. The property following the liquidation of the foundation shall be passed over the state.

Article 11. Rule of implementing amendments/addition to the foundation statute

Changes and amendments to the foundation statute shall be implemented in accordance to the Georgian legislation.

Article 12. Final provisions

  1. Approval of the selected grant proposals (announced winners) from grant competitions of 2014 shall be implemented in accordance to the normative acts regulating the above listed grant competitions and individual administrative–legal acts based on these normative acts issued by the Director General of the Foundation.
  2. Liabilities of the foundation scientific board shall be terminated following the implementation of activities considered in the 1st paragraph of this article.
  3. Amendments to the budget of the grant contracts concluded with the authors of the selected grant proposals (announced winners) as the result of competitions announced by the foundation including the year of 2014 shall be implemented based on the decision of the director general.
  4. In the event of failure of meeting set requirements by the authors of the selected grant proposals (announced winners) as the result of competitions announced by the foundation including the year of 2014, the term for improving,   termination or decline on termination shall be defined by means of the individual administrative- legal act of the Director General.