[eifloa] "To law or not to law"

[Iryna Kuchma]

Dear Audrone,

It depends how independent are your Universities from the state. In our Ukrainian case R&D and universities are very state department (state financing, state control, etc.) so for us OA legislation is very important. Since January 2007 Ukraine has a law mandating open access to publicly funded researches. This provision is a part of The Law of Ukraine On the principles of developing information society in Ukraine for 2007-20015. It was widely supported by most of the Parliament members. And it is already the second parliamentary inquiry mandating the Cabinet of Ministers to take actions on creating favourable conditions for developing open access repositories in archives, libraries, museums, scientific and research institutions with open access condition to state funded researches. And for the second time the implementation of this law is almost on 0 level. 

We reached this in the following way: 

The first public statement on open access policies in Ukraine was drafted during the international Open Access Scholarly Communication Workshop hosted by the National University Kyiv-Mohyla Academy (NAUKMA) and organised by IRF, Open Society Institute, NAS and International Association of Academies of Sciences on February 17-19, 2005. I know that you had similar workshop that time. 140 researchers, administrators, librarians, information managers from higher educational institutions and scientific research laboratories involved in e-journal publishing and institutional repository development from 17 countries signed the Recommendations for Ukrainian authorities to ensure: the right of individuals and the public to access information and knowledge and to guarantee that intellectual property regimes are not the obstacles to the public access to knowledge, to encourage research and higher educational institutions to practice open access and to put an open access condition to state funded researches (except reasonable exceptions) and to provide state financing and technical assistance to research and higher educational institutions to set up and maintain open access repositories. 
These Recommendations were endorsed by Ukrainian Vice Prime Minister. And on September 21, 2005, the Recommendations were presented at the first Parliamentary hearings on Developing information society in Ukraine. In December 2005 these hearings resulted into the Parliamentary Inquiry on Harmonisation of Governmental Educational Policies re open access movement - Decree of the Parliament of Ukraine "On Recommendations of parliamentary hearings on developing information society in Ukraine. Open access was one of the priorities in developing information society in Ukraine. The Cabinet of Ministers was responsible for creating favourable conditions for developing open access repositories in archives, libraries, museums and other cultural institutions and the Ministry of Education and Science of Ukraine – for encouraging development of open access resources in science, technology and education with open access condition to state funded research. Beginning of 2006 was also the time of parliamentary elections campaign, when the "old" Cabinet of Ministers didn’t feel any responsibility to start new activities like open access projects. And later on two "new" Cabinet of Ministers were busy trying to cope with political crises in summer and autumn 2006. 

Both initiatives turned previous parliamentary resolution into the law mandating open access to publicly funded research (already mentioned The Law of Ukraine On the principles of developing information society in Ukraine for 2007-20015). According to the law there should be six months of transition period (completed by July 2007). But the following political crises withdrew the attention of the Cabinet of Ministers from immediate implementation of this law. 

Governmental institutions are still the unique donors of research and development in Ukraine. This is why a law mandating open access to publicly funded research plays a crucial role in open access initiatives. Delays with implementation of this law cause delays in the development of open access institutional repositories. 

As you see our OA provision is a part of more general law  - it's easy to reach consensus in the parliament this way. But if it's a separate law, than it's easier to demand its implementation. 

Will be glad to share with you other information and documents. General remarks - alliances are crucial and local partners needed in this process (except scholars we had a number of Internet societies and Human rights associations as partners; targeted web-sites and workshops proved to be useful tools for awareness raising and lobbying; support from mass media is important to create public awareness. 

Best wishes,

Iryna Kuchma
Social Capital and Academic Publications Program Manager
International Renaissance Foundation
phone: (+380) (44) 461-9500
fax: (+380) (44) 486-0166
e-mail: kuchma at irf.kiev.ua
http://www.irf.kiev.ua/programs/scaap

----- Original Message ----- 

  From: Audrone Glosiene 
  To: Susan Veldsman ; eifloa at eifl.net ; Elena Maceviciute ; Elena Maceviciute ; Prof. Tom Wilson ; lyn ; David Bawden ; pi at db.dk ; Olle Persson ; Terttu Kortelainen ; Aira Lepik ; Sirje Virkus ; Baiba Sporane ; Terry Weech ; Susan Schnuer ; Blumendorf, Peter ; Ragnar Audunson ; Pertti Vakkari ; Niels Windfeld Lund ; Aleksandra Horvat ; Anna Maria Tammaro 
  Sent: Saturday, November 03, 2007 10:41 AM
  Subject: [eifloa] "To law or not to law"


  Dear colleagues and friends,

  this is not the first time that I turn to you for your expert opinion on certain (usually, imporant:)) issues. Now it is whether to have national legislation on open acces or not. Currently we have a debate in Lithuania on OA and there are pros and cons, so I would highly appreciate if you could comment on just two aspects:
  1. Is law (or any other form of legal regulation) on open acces, in your opinion, needed?
  2. Could you please provide examples of such leislation whether from your country or elswhere?

  Many thanks and my best wishes from rainy Vilnius,
  Audronл Glosienл
  Vilniaus universiteto bibliotekos generalinл direktorл
  Universiteto 3
  01122 Vilnius
  Tel. (8 5) 2687 126
  Mob. 8 610 01772
  audra.glosiene at kf.vu.lt
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