Features of the legal regulation of scientific and technical cooperation between Russia and China
Currently, in the conditions of the digital economy and the current geopolitical situation, technology, the development and (or) strengthening of interstate relations in the scientific and technical sphere are beginning to play an increasing role.
The implementation of Russia's strategic trade, economic, scientific and technical partnership with the BRICS countries (in particular, with China), the creation of relevant models, new forms of cooperation in the field of science, technology, technology and innovation are becoming the most relevant, contribute to ensuring priority tasks for the state and society, including ensuring security.
This article is devoted to the analysis of regulation of the main areas of cooperation between Russia and China in the scientific and technical sphere, including digital technologies; the main tools used by states at various levels of regulation of relations developing in the field of science and technology and aimed at implementing their results. The article highlights the difficulties and problems found in the course of the study in the field of scientific and technical cooperation between Russia and China. Some ways to eliminate them are suggested.
Keywords: scientific and technical cooperation, China and Russia, scientific and technical partnership, technologies, innovations.
Introduction
China and Russia are the two largest world powers. Today, China is striving to gain the position of a leading power in various fields, including through the introduction of new technologies and the active development of scientific and technical cooperation. In 2019, 70 years have passed since the establishment of diplomatic relations between the two countries. Discussing the prospects for further development and mutually beneficial cooperation, the parties agreed, among other things, to increase the depth and scope of scientific, technical and innovative cooperation.
2020 and 2021 were declared the Years of Russian-Chinese scientific, Technical and Innovative Cooperation. These events marked the continuation of the Russian-Chinese dialogue on innovation. The measures taken by the states should contribute to the creation of the Russian-Chinese fund for joint scientific and technical innovations, the development of cooperation in the field of megascience, and active interaction between specialists of the two countries in the field of science, technology and innovation.
Russian President Vladimir Putin noted that cooperation in the field of advanced technologies is one of the most promising areas of Russian-Chinese relations <2>.
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<2>
Methodology
Retrospective, structural and logical approaches are used in evaluating existing acts, taking into account the comparative legal analysis of the results of rulemaking in the field of scientific and technical cooperation.
Historical aspects of cooperation
The main trends in the historical development of relations in the field of scientific and technical cooperation and the existing experience in implementing joint projects have laid a solid foundation for the rapid and effective development of Russian-Chinese scientific and technical cooperation in modern conditions. By identifying several main stages in the development of regulation of scientific and technical cooperation, analyzing the features of each of them, it is possible to trace the trends and prospects for the development of such cooperation.
At the first stage (1950s), the close political relations between China and the Soviet Union created the conditions for China to carry out large-scale economic construction in extremely difficult conditions. The Soviet Union implemented the project "156 production facilities". By assisting in their construction, the Soviet Union created the opportunity and the basis for the modernization of the main sectors of the Chinese economy <3>.
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<3> Mamaeva N.L., Sotnikova I.N., Verchenko A.L. The participation of the USSR in the reconstruction and construction of "156 production facilities" in China in the 1950s. New facts and circumstances of Soviet-Chinese cooperation. Moscow: The Whole World, 2018. p. 157.
This joint project was the largest in the history of China's foreign trade and economic cooperation and played an extremely important role in the development of its economy <4>. In the 1950s, China and the Soviet Union conducted joint research and surveys, and then carried out work on the construction or reconstruction of facilities in the field of water management and electricity in Heilongjiang Province.
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Alexandrova M.A. The economy of Northeastern China and Soviet aid in the 50s of the XX century // China in world and regional politics. History and modernity. Issue XVIII / Ed.-comp. E.I. Safronova. M.: IDV RAS, 2013. pp. 326-348.
The period from 1955 to 1959 was marked by the signing of a number of cooperation agreements in the field of development of the Chinese nuclear industry. The result of their implementation was the construction of the first Chinese experimental nuclear reactor.
At the second stage (1960 - 1970s), there was a regression in cooperation between China and the Soviet Union. There was almost no economic, trade, scientific and technical cooperation at the interstate level between China and the USSR. But despite this, and thanks to the foundations of cooperation laid down at the previous stage, scientific and technical cooperation between universities and research institutes was maintained, projects in narrow areas were developed and implemented, point-by-point.
Thus, the level of intensity of Sino-Soviet scientific and technical cooperation was a barometer of the development of political and economic relations between the two countries. Of course, the basis for effective scientific and technical cooperation can only be stable long-term relationships.
The third stage (1980 - 1990) was marked by the restoration and active development of Sino-Soviet (Russian) cooperation in the field of science and technology, with the gradual restoration of trade and economic relations. Scientific cooperation has been restored at the interstate level and has received new vectors of development.
In 1984, a number of agreements were signed. Thus, the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the People's Republic of China on Economic and Technical cooperation in the Construction and Reconstruction of Industrial facilities in the PRC <5> consolidated the participation of the Soviet Union in the reconstruction of a number of facilities in the 1950s. The signed agreements contributed to the further development of China's economic and scientific ties with the Soviet Union and created favorable conditions for further large-scale cooperation.
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<5> The Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the People's Republic of China on Economic and Technical Cooperation in the Construction and Reconstruction of Industrial Facilities in the People's Republic of China was signed in Moscow on July 10, 1985 (in accordance with the Soviet-Chinese Agreement on Economic and Technical Cooperation dated 12/28/1984).
At the same time, scientific and technical cooperation has moved to active development at different levels of cooperation. But during this period, the development of multi-level cooperation was conditioned by the implementation of the provisions of interstate agreements, which were often framework agreements defining the foundations of cooperation in a particular area. They were specified in agreements between specific subjects of relations in the field of science and technology. For example, in September 1988. Heilongjiang Province and the USSR State Planning Committee signed an agreement on trade, Economic, Scientific and Technical cooperation between the regions of Siberia and the Far East and Heilongjiang Province of China <6> and identified a number of joint projects of primary importance. These projects concerned, for example, the implementation of scientific and technical cooperation in the field of agriculture and construction in difficult geological conditions.
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<6> Now, for example, the Law of the Republic of Sakha (Yakutia) of November 4, 2004 167-Z N 341-III "On approval of the Agreement between the Government of the Republic of Sakha (Yakutia) of the Russian Federation and the People's Government of Heilongjiang Province of the People's Republic of China on trade, economic, scientific, technical and cultural cooperation" is in force.
In the 1990s, scientific and technical cooperation with China moved to the stage of practical interaction. A large number of joint events were organized, bringing together representatives of the scientific community and specific industries. The area of cooperation has been expanded. In the period from 1988 to 1992, the parties signed a total of more than 20 cooperation agreements, which related to various fields: agriculture, geology, meteorology, medicine, etc.
The Agreement of December 18, 1992 on scientific and technical cooperation became fundamental during this period <7>. It consolidated cooperation in the field of basic research, provided for the creation of joint ventures, the establishment of links directly between scientific and technical research centers, higher educational institutions, enterprises and organizations interested in the implementation of research and development results.
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<7> Decree of the Government of the Russian Federation dated November 12, 1992 No. 866 "On signing an Agreement between the Government of the Russian Federation and the Government of the People's Republic of China on scientific and technical cooperation".
Since 1996, a new stage of Chinese-Russian scientific and technical cooperation has begun. China and Russia have opened a new era of strategic partnership in the 21st century by signing a Joint Russian-Chinese Declaration <8>. In accordance with this document, the priority areas of cooperation were named: energy, mechanical engineering, aviation and space industries, agriculture, transport and high technologies. The parties agreed to cooperate in the development of new technologies that provide breakthroughs in the scientific and technical field in various dimensions.
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<8> Wei Wenhai. Strategies and Countermeasures of China-Russian scientific and technological cooperation. Harbin: Heilongjiang Publishing House, 2008. P. 33 - 37.
The current stage is characterized by the development of cooperation in the field of innovation, which is necessary in modern geopolitical conditions to create breakthrough scientific and technical models and gain new knowledge.
Thus, as a result of the Russian-Chinese Days of Science, Technology and Innovation held in Harbin in June 2019, a number of agreements were signed directly between Russian and Chinese organizations and companies. For example, an agreement was signed between Harbin Polytechnic Institute and Moscow University of Physics and Technology on the creation of an artificial intelligence valley, an agreement between St. Petersburg State University and Tsinghua University on cooperation in the implementation of a joint project "Russian Research Institute of St. Petersburg State University and Tsinghua University".
In 2020, during the opening ceremony of the Years of Chinese-Russian Scientific, Technical and Innovative Cooperation (2020 - 2021), an agreement was signed between the Ministry of Science and Technology of the People's Republic of China and the Joint Institute for Nuclear Research on China's participation in the construction and operation of the Institute's flagship project, the NICA complex of superconducting rings on counter beams of heavy ions.
Special attention is paid to the issues of software development and the use of artificial intelligence. Over the period 1997-2017, more than 300 thousand studies in this field were conducted in China. Today, China is the leader in the number of companies working in the field of artificial intelligence. Of course, such significant achievements in this area are associated, among other things, with active cooperation with Russia.
For example, the Chinese company Tencent took part in the creation of server centers in Moscow. The non-profit partnership of software developers RUSSOFT and the Chinese Association of the Software Industry <9> have signed a cooperation agreement. Its main goal is to create a base for stable, long-term cooperation between Chinese and Russian companies (software developers), building a cross-border software industry using artificial intelligence elements.
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<9> China Software Industry Association (CSIA).
In 2001, an Agreement on Good-Neighborliness, Friendship and Cooperation was signed between the Russian Federation and the People's Republic of China <10>. The Governments of the states actively support the development of cooperation in the scientific and technical field, creating financing mechanisms, strengthening interstate scientific, technical and innovative cooperation.
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<10> The Treaty on Good-Neighborliness, Friendship and Cooperation between the Russian Federation and the People's Republic of China (signed by Russian President Vladimir Putin and Chinese President Jiang Zemin in Moscow on July 16, 2001).
In the context of the new geopolitical situation, China and Russia are facing new challenges. The countries have agreed to establish a strategic partnership. The experience gained over the past years and the established connections need to be generalized and used to develop a higher level of integration of states in various fields.
Problem statement
In the course of many years of joint activities and research, Chinese-Russian scientific and technical cooperation has become deeper and closer, the regulatory framework has expanded, the number of areas of cooperation has increased, forms of interaction have been updated and improved, gradually forming a multi-level, multi-channel and comprehensively developed system.
After the signing of the Treaty on Good-Neighborliness, Friendship and Cooperation between the Russian Federation and the People's Republic of China, China and Russia actively contributed to the implementation of its provisions. The creation of a joint partnership on innovation and technological cooperation has become one of the main components of the Sino-Russian cooperation strategy.
On the basis of international agreements concluded by the parties, cooperation between representatives of relevant fields is actively developing, realizing the interests of states and the scientific community, as well as introducing research results into industrial production.
Currently, there is a huge potential for development in Sino-Russian relations <11>. However, there are a number of problems, the solution of which is necessary for the further effective development of these relations.
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<11> Lu Nanquan. China-Russian scientific and technological cooperation based on economic transformation // Heilongjiang Social Sciences. 2011. N 1.
Information exchange mechanisms (including technological ones) are insufficiently formed.
China and Russia do not have bases for the exchange of scientific and technical information. There are problems in the process of collecting, sorting, storing and transmitting information. Despite the assistance of the Governments of China and Russia to the development of scientific and technical cooperation, the relevant departments of the two countries still lack effective mechanisms for information exchange and operational coordination of actions.
Enterprises that are already involved in scientific and technical cooperation cannot promptly exchange the necessary information for new projects. This situation does not facilitate the search for partners to implement joint projects and accelerate the process of registration of cooperation, which leads to difficulties and loss of time in the development and introduction of new technologies into production.
Currently, China and Russia have not yet worked out an operational mechanism in this area, there are no communication mechanisms and coordination institutions for the implementation of scientific and technical projects. A unified database on priority projects and possible partners (requirements for them) is needed for their implementation, as well as mechanisms for the rapid exchange of information under the patronage of interested ministries and departments of the parties.
Due to the difficult economic and geopolitical situation, a reliable base and tools for regulating and financing the Chinese-Russian market for scientific and technical cooperation have been lost.
Due to the difficulties of financing and the significant difference in the current rules and regulations in the two countries, some enterprises are not inclined to participate in Russian-Chinese scientific and technical cooperation. These companies prefer to work with Western countries, often purchasing technologies and equipment at a higher price <12>. It seems that it is necessary to develop and provide mutually beneficial conditions for the implementation of specific projects in the most relevant areas, and to harmonize the requirements for the implementation of certain types of activities.
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<12> Wei Wenhai. Strategies and Countermeasures of China-Russian scientific and technological cooperation.
The sphere of scientific and technical cooperation between the two countries has inherited the shortcomings of trade and economic cooperation of previous years.
First of all, cooperation is maintained and developed in traditional areas, while the newest areas do not receive the necessary support and regulation. So, for many years, China and Russia have been maintaining and increasing the level of cooperation in the field of military technology. Russia has a leading position in the creation of military equipment and technologies, and China is one of the main importers of weapons from Russia. Cooperation in this area is primarily based on the sale and purchase of equipment, technologies and actual machinery. China's achievements in the field of nuclear energy are due to Russia's active participation in the development of this sphere.
Innovative technologies, nanotechnology, solar energy projects, genetic research and other cutting-edge technologies remain without proper attention. More than ever, time takes precedence. States should take into account the necessary promptness in the development and implementation of such projects <13>. It is possible to create interdepartmental groups to coordinate and promote cooperation in the above-mentioned and other promising areas in order to increase competitiveness in the global market of new technologies.
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<13> Shao Jingbo, Duan Yuhe. Evaluation of Russian Science and Technology Potential and Prospect of China-Russian Science and Technology Cooperation // Academic Exchange. 2004. N 5. P. 98 - 101.
There are no specialists necessary for the effective development of scientific and technical cooperation.
The lack of specialists who speak the language at a sufficient level and have the appropriate skills and abilities has become one of the main problems hindering the development of scientific and technical cooperation between the two countries. There are almost no specialists left who studied the Russian language and mastered technology after the first period of cooperation in the 1950s and 1960s. Russian students and their parents gave priority to the languages of Western countries, especially English. Russian Russian students were not interested in learning the Russian language due to a lack of understanding of the goals of learning and the complexity of the Russian language.
Today, the situation is gradually changing, but not fast enough. The choice of learning Chinese (starting from elementary school) should be not only for residents of the Far East and the capital of Russia. An active information policy should be implemented by the parties to explain the strategic importance of Russian-Chinese cooperation. It is necessary to create appropriate training programs, starting from preschool, with effective continuation at school and higher educational institutions. The availability of information about specific jointly implemented projects and general information about the culture and traditions of our countries can be crucial factors in this situation.
Using the experience of training specialists in the field of scientific research of the last century, new approaches to the study of Russian and Chinese languages in schools and universities will help create the necessary resources for effective long-term scientific and technical cooperation between China and Russia <14>.
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<14> Wei Wenhai. System Construction of Technological Innovation in China-Russian Cooperation // China's Economy and Trade. 2013. N 3. P. 206 - 209.
There are problems in the field of intellectual property rights protection.
Solving the problem of ownership of intellectual property rights in scientific and technical cooperation between the two countries has become the key to the sustainable development of bilateral cooperation. Undoubtedly, the study of theoretical and practical issues of intellectual property rights protection in the process of Russian-Chinese scientific and technical cooperation is of great importance.
After joining the World Intellectual Property Organization in 1980, China joined a significant number of international acts affecting the protection of intellectual property rights, including the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Marks, the Patent Cooperation Treaty, etc.
Based on the main provisions of international acts and the practice of protecting intellectual property rights, the main acts of the People's Republic of China <15> in this area were developed and then improved. Later, on the basis of, in fact, the framework republican acts, more detailed acts of the provinces were developed. Since the early 2000s, China has been paying increased attention to the popularization and promotion of intellectual property rights protection, and national and international events in this area have been held.
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<15> See: The Law of the People's Republic of China "On Copyright", the Law of the People's Republic of China "On Trademarks", the Regulation on Management in relation to Collective Copyright Holders, etc.
Legal regulation of intellectual property rights is the basis for stimulating the process of commercialization of inventions and protecting the interests of private enterprises. Although China and Russia have different rules in this area, issues of intellectual property rights protection are often resolved in agreements between specific parties to the relationship, through negotiations.
It should be noted that today certain successes have been achieved in regulating the issue of copyright protection in Russian-Chinese studies. Thus, the PRC seeks to protect them on the basis of international experience, taking into account the peculiarities of national legislation of both China and Russia, which ensures the promotion of Russian-Chinese activities in various fields of scientific and technical cooperation.
However, there are almost no specialists in the field of intellectual property rights protection and technology transfer. Such specialists, who have appropriate legal training, who know the peculiarities of not only Russian, but also Chinese and international law, who have passed linguistic, economic and technical training, are necessary today. Attention should be paid to the training of such specialists in the near future.
Offers
To improve the exchange of information.
To further improve scientific and technical cooperation between China and Russia, it is necessary to create a nationwide system of information networks in the field of scientific and technical cooperation. Currently, some regions of China and Russia have carried out work on summarizing information on scientific and technical cooperation and have created relevant websites. But there is no single database, there is no interagency interaction.
In the absence of a relationship between resources and databases, the creation of new projects slows down. Many projects involve the involvement of experts and scientists who own Russian technologies. Databases and information, as well as means of access to them, are missing or difficult to access in many regions, which leads to a slowdown in the implementation of initiated projects and the inability to implement them due to lack of information. It is necessary to create an interstate Chinese-Russian information network system on scientific and technical cooperation.
Accelerate the creation and development of Chinese-Russian science and technology parks.
Chinese-Russian science and technology parks as integrated high-tech industrial parks mainly consist of organizations including joint research centers (laboratories), joint ventures and centers for the development of science and technology (international technology intermediaries).
The main feature of the science and technology park is orientation in the target market, its fundamental point is economic benefit. Such a park greatly contributes to the introduction of scientific and technological achievements into production in China and Russia. Science and technology parks have become an important platform for the development of international cooperation and technology transfer, as well as an important institution and a good example for the development of strategic partnership relations between China and Russia <16>.
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<16> Wei Wenhai. On the Strategic Upgrading of China-Russian Scientific and Technological Cooperation under the Background of Economic Globalization // China's Economy and Trade. 2013. N 8. P. 20 - 24.
Create a base for training the necessary specialists.
It is necessary to provide conditions for the creation of human resources of States in the scientific and technical field. The system of attracting the necessary specialists, lawyers, economists, and senior staff with an appropriate level of training, including language, should include mechanisms to encourage participation in joint projects, prospects for personnel growth, and additional social guarantees.
It is necessary to create conditions for the personal interest of the heads of companies leading in the relevant industries. It is possible to create such a personnel service under the patronage of the Ministry of Science and Higher Education and the Ministry of Foreign Affairs. Today, attention is paid to the development of both science and education. An active exchange of experience is being carried out, ties between educational organizations are being strengthened (for example, the organization of joint educational programs for postgraduate and other levels of education, the creation of joint educational centers, for example, the Chinese-Russian Mathematical Center), etc. are of interest.
By 2019, Russia and China have created an alliance of universities capable of training personnel for various fields. At the same time, it is necessary to organize and accelerate the training of the necessary personnel.
It is also necessary to create transparent mechanisms to encourage the introduction into industry and control the use of the results of joint research, to unify and standardize the mode of activity, and to debug settlement and payment systems. In order to increase the level of cooperation, we must also pay attention to the elaboration of a system of standards, which is a necessary measure to increase the efficiency of economic operations <17>.
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<17> Ding Li. Supporting small-scale scientific and technological enterprises to promote innovation and upgrading of China-Russian scientific and technological cooperation // Heilongjiang Economic and Trade. 2007. N 2. P. 40 - 45.
Conclusions
Despite some obstacles and difficulties in the implementation of scientific and technical cooperation between the two countries, it has great potential.
To implement it, it is necessary:
- creation of databases on priority projects of scientific and technical cooperation, mechanisms for the rapid exchange of information under the patronage of interested ministries and departments of the parties;
- formation of appropriate training programs (starting from preschool) with effective continuation at school and training of specialists in higher educational institutions;
- ensuring the availability of information on specific jointly implemented projects and general information about the culture and traditions of the countries;
- active creation and development of Chinese-Russian science and technology parks and other similar forms of cooperation.
With the implementation of these measures, Russia and China can take a leading place in the global trends of scientific and technological progress.
