Ranking of research infrastructure entities in Ukraine: certain legal aspects

Abstract

Problem setting. The issues of rating research infrastructure entities are becoming particularly relevant in the context of the need to ensure proper development and restoration of scientific potential in Ukraine. It should be agreed that the state of scientific potential is one of the most important resources for sustainable and safe development and a factor that determines the prospects of any country, at the same time determining the most adequate tools for assessing scientific activity and implementing them in practice is a difficult task for managers in the field of science. The above emphasizes the importance of building an effective system for rating research infrastructure entities and the need for legal regulation of this process. At the same time, the absence of a legally defined system for rating research infrastructure entities makes it impossible to effectively implement state policy on the development of research infrastructures and requires the development of clear legal criteria, procedures and institutional mechanisms. Analysis of recent researches and publications. Certain theoretical and applied issues of rating in the field of scientific and educational activities have been examined by representatives of various branches of law, economics, and other social sciences. For instance, M. V. Makarov analyzed terminology in the context of Ukrainian regulatory acts, such as the Law of Ukraine “On Scientific and Scientific-Technical Activities,” the Law of Ukraine “On Higher Education,” and the Code of Ethics of the Scientist of Ukraine. He considered issues related to the professional qualifications and academic careers of scholars and researchers in Ukraine and concluded that it is necessary to develop a unified conceptual framework of terminology that would correspond to contemporary trends in the development of science and take into account international experience. According to the author, the implementation of such changes will enhance transparency in the field of scientific activity, improve personnel policy in research institutions and higher education institutions, and ensure a clearer legal framework for law enforcement in science and education. O. O. Pifko and S. S. Kalyniuk established in their research that defining a clear rating system for higher education institutions is one of the complex tasks, and they concluded that the development of such a system would promote greater transparency and openness of higher education institutions. V. Lugovyi, I. Drach, O. Petroye, V. Zinchenko, Yu. Myelkov, I. Zhyljaev, I. Reheilo, N. Bazeliuk and V. Kamyshin studied the foundations for strengthening the research capacity of Ukrainian universities in the context of implementing the concept of “Open Science.” In particular, they examined the evaluation of research performance and publication activity of universities. I. Yu. Shevchenko and A. S. Todorova analyzed methodological and applied aspects of rating higher education institutions in the context of modernizing the network of higher education institutions in Ukraine. K. V. Klymenko and M. V. Savostianenko investigated methodological approaches to assessing the performance and effectiveness of scientific activity based on global practice. They emphasized that any scientific activity requires the assessment of efficiency and effectiveness; moreover, evaluating the performance of scientific organizations remains one of the key challenges facing management specialists, as the adequacy of such assessment depends on the parameters, criteria, and methods they develop. Thus, it appears that scientific research on this topic has predominantly addressed the problematic issues of rating higher education institutions. However, there is a clear lack of comprehensive studies related to the development of a unified rating system that would also apply to research institutions. At the same time, the activities of research institutions significantly influence society and the economy, as they ensure innovative development and contribute to solving various social problems. Article’s main body. Despite the existing developments and research, the main problems and obstacles to the transformation of the scientific sphere to international standards remain the issue of systematization of legislative acts and resolutions within the framework of a single law, improvement of existing legislation, creation of reliable and effective legal protection of intellectual property, effective mechanism and methodology for rating scientific activity. It is worth emphasizing that the current legislation, in particular the Law of Ukraine “On Scientific and Scientific-Technical Activity” does not reflect important issues of rating subjects of scientific and scientific-technical activity. At the same time, it is appropriate to note that the recently adopted Concept of Support and Development of Human Resources Potential in the Sphere of Scientific and Scientific-Technical Activity “National System of Researchers of Ukraine” aims to create a National System of Researchers of Ukraine, which is aimed at identifying, recognizing, supporting and promoting the best performing Ukrainian scientific and scientific-pedagogical workers. Thus, the ratings in the National Electronic Scientific Information System are planned to be created in three areas: general rating of scientific and scientific-pedagogical workers of the country (in all scientific areas); rating of young scientists (in all scientific areas); rating of scientific and scientific-pedagogical workers working in a security scientific area (with a separate procedure for submitting information and without its public publication). In addition to the above, it should be noted that information on the results of the rating is planned to be added as a separate indicator to the indicators of state certification of scientific institutions and higher education institutions, which, in turn, will affect the results of state certification, and accordingly on the distribution of financial support for such institutions from the state budget, including the possibility of increasing the salary of scientific and scientific-pedagogical workers working in such institutions and institutions. This is undoubtedly a positive innovation, however, it requires proper legal regulation and coordination with the current procedure for assessing the effectiveness of scientific activities of scientific institutions and higher education institutions. Thus, the attempt to introduce a national multi-level rating system for research infrastructure entities corresponds to global trends in ensuring effective assessment of scientific activity results and creating unified scientific registers, while taking into account leading European experience and international principles of using scientometric data. It should be noted separately that the proposed rating model may create risks during its implementation, in particular the risks of duplication of existing assessment mechanisms. At the same time, complete dependence on quantitative indicators without ensuring qualitative assessment may reduce the objectivity of the rating, and the implementation of an effective rating system requires clear regulatory and legal regulation of its relationship with the financing of research infrastructure entities and the impact on the implementation of relevant personnel decisions regarding the application of the incentive system, which is becoming particularly relevant in the context of martial law and the need to restore the country’s scientific potential. Conclusions and prospects for the development. Insufficient legal regulation of the mechanisms for evaluating the results of scientific activity complicates the formation of objective criteria for the effectiveness of the functioning of research infrastructure entities, which negatively affects the transparency of the distribution of budget funding, the general dynamics of European integration processes and the innovative development of the national economy. Given the importance of scientific potential as a basic resource for the sustainable development of the country, the legal regulation of the issues of rating research infrastructure entities acquires systemic importance and should ensure the effective use of financial resources, contribute to increasing the competitiveness of Ukrainian science and its integration into the European Research Area. Therefore, the absence of a holistic legal model for rating research infrastructure entities makes it impossible to effectively implement state policy on the development of research infrastructures and requires the development of clear legal criteria and institutional mechanisms, their coordination with the current procedures for evaluating scientific activity and taking into account relevant leading international experience and European standards. Prospects for further scientific research include conducting a comprehensive study of international practice in evaluating the results of scientific activity and the feasibility of its implementation in Ukraine.