Organizational and legal models of international scientific and technical cooperation for the creation and operation of a global research infrastructure in the nuclear field

Abstract

Legal science faces the urgent task of researching existing legal forms and models of international scientific and technical cooperation (ISTC) on the creation and use of global research infrastructure (GII) in the nuclear field, identifying their advantages and disadvantages, possibilities of application and adaptation to projects of the "megasience" class in Russia. The key factors for determining the legal aspects of the creation and use of GII are two factors: the organizational and legal formalization (the establishment of a separate independent entity or the use of existing "umbrella" legal structures) and what legal tools are used, what law is subordinate to the activity. В В В В В В В The organizational and legal model of the ISTC, both using existing international intergovernmental organizations of the framework type or legal entities, and by establishing special entities, can be schematically represented in the form of a four-level system. The advantage of using umbrella-type models in the nuclear field is the readiness of most of its tools and mechanisms, which only require adaptation to specific projects, and the possibility of implementing a significant number of projects. If it is necessary to ensure a clear equity participation of partners, financial obligations and a management structure dependent on them, then the appropriate form is the creation of a special project-type entity. Based on the "legal environment", the use of MMPO implies certain immunities and privileges, exemptions from the jurisdiction of the host State, etc. It is also important in modern conditions that it is more difficult to subject MMPO to politically motivated unilateral restrictive measures ("sanctions"). But the use of the construction of a legal entity can provide greater efficiency, flexibility and managerial cheapness of the process, especially since exceptions from national law can also be provided for them.The most successful seems to be the development of a special organizational and legal form mentioned in the draft federal law "On Scientific, Scientific, technical and innovative activities in the Russian Federation" - an international research organization.