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Reference:
Shugurov M.V., Pechatnova Y.V.
The sanctions regimes of Germany and Great Britain in the field of international scientific cooperation with the participation of Russia: the political and legal nature and consequences
// International Law.
2023. ¹ 4.
P. 1-35.
DOI: 10.25136/2644-5514.2023.4.44106 EDN: YCWOYY URL: https://en.nbpublish.com/library_read_article.php?id=44106
The sanctions regimes of Germany and Great Britain in the field of international scientific cooperation with the participation of Russia: the political and legal nature and consequences
DOI: 10.25136/2644-5514.2023.4.44106EDN: YCWOYYReceived: 21-09-2023Published: 28-09-2023Abstract: The article undertakes a political and legal analysis of the complications in the scientific and technical cooperation of Russia with Germany and Great Britain. Particular attention is paid to the identification of the subjects of the introduction of anti-Russian sanctions regimes, as well as the substantive characteristics of the varieties of unilateral restrictive measures in the field of scientific cooperation. The authors dwell in detail on the disclosure of the correlation of legal and asiological aspects of the introduction of sanctions restrictions. It was important to compare the sanctions regimes of Germany and Great Britain in terms of the dynamics, subject composition and content of unilateral restrictive measures. The study proves that the invasion of foreign policy interests by Germany and Great Britain into bilateral international scientific cooperation means the decline of the former era of scientific diplomacy. The main conclusion of the work is the provision that the suspension of cooperation with Russia in the scientific field does not result from violations by our country of its legal obligations in the field of bilateral international scientific cooperation. The gap in cooperation at the institutional level is supplemented by the assumption of informal scientific communication. But overly politicized demands for the continuation of this cooperation violate the right to freedom of scientific research. The novelty of the study lies in the fact that for the first time in the framework of the subject area of research of scientific sanctions in a comparative way and in the context of modern theoretical developments, the content of the anti-Russian sanctions regimes of Germany and Great Britain, which are among Russia's main partners in the field of international scientific and technical cooperation, was revealed. Keywords: anti-Russian sanctions, science, international obligations, sanctions regime, international law, freedom of research, megascience, academic community, scientific diplomacy, institutional gapsThis article is automatically translated. The research was carried out at the expense of the grant of the Russian Science Foundation No. 23-28-01296, https://rscf.ru/project/23-28-01296/
Introduction
International cooperation in the scientific and technical sphere, as well as in the field of education, has a direct impact on strengthening the innovative potential of individual states, which ultimately leads to an increase in the impact on increasing economic growth and solving social problems. This kind of cooperation also makes a significant contribution to solving the global problems of our time. At the same time, cooperation in the field of science and technology is sometimes combined with competition, which, together with various organizational and legal barriers, leads to a slowdown in general scientific and technological progress. In addition, the emergence of serious difficulties in the way of scientific and technological development of certain States and their involvement in international cooperation are often associated with unilateral restrictive measures, recently referred to as sanctions. In essence, these measures, used unilaterally by individual countries or their coalitions, are means of pressure aimed at satisfying the interests of the States that introduce them. From the point of view of international law, the only legitimate source of sanctions are the decisions of the UN Security Council. But, nevertheless, in practice, the so-called sanctions are being used on an ever-increasing scale. Along with officially established restrictive measures, so-called corporate "boycotts" are practiced, which means the suspension of cooperation in those sectors for which sanctions have not been officially imposed. Numerous and diverse sanctions regimes create not only practical, but also theoretical problems, which led to the formation of a separate subject area of scientific and expert research [1-6]. The UN human rights structures contribute to this area. We are referring to the report of the UN Special Rapporteur on the negative impact of unilateral measures on human rights (A/HRC/45/7, July 2020) (URL: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G20/187/55/PDF/G2018755.pdf ?openElement (accessed: 10.07.2023)). In terms of content, sanctions have an economic nature, since they are reduced to restricting trade, financial and other economic operations. At the same time, they are often subordinated to political goals, when, for example, they are supposed to be aimed at ensuring a change in the foreign policy course of the state in relation to which they are introduced (sanctioned state). Since 2014, a significant number of foreign countries have been pursuing an active sanctions policy against Russia. This policy involves the development and implementation of a set of economic, political and other restrictions that imply a radical change in its foreign policy. Since February 2022, there has been a qualitative increase in the intensity of the sanctions activity of unfriendly states, which allows us to talk about a sanctions escalation [7-9]. As can be seen from practice, sanctions measures are not limited directly to economic and political instruments of influence. In the "orchestra" of sanctions, restrictive measures against the Russian sector of scientific research and technological development, as well as Russia's participation in international scientific and technical cooperation, are easily noticeable. Despite the fact that academic freedom presupposes non-interference of politics in the scientific sphere, restrictive measures have nevertheless extended to it. In many cases, the termination of scientific and technical cooperation with Russia at the institutional level means at the same time a departure from scientific diplomacy. However, it should be borne in mind that such measures, sometimes referred to as "scientific sanctions", are quite common in the landscape of modern world science and technology policy. Scientific sanctions are actively used in relation to certain countries (Iran, Somalia, North Korea, Venezuela, etc.) [10-13]. In general, scientific sanctions are a specific political and legal phenomenon in which political goals are combined with a significant share of the legal groundlessness of their introduction. Sanctions in the field of science should be understood as restrictive measures specifically aimed at creating difficulties in the development of science and technology of target States. Moreover, sanctions measures are manifested not only in the termination or restriction of financing of joint international research projects, but also in the termination of any non-commercial cooperation, as well as joint work within international scientific organizations. In most cases, from a legal point of view, all this means unilateral termination of obligations under international agreements on scientific and technical cooperation, which at the same time do not cease to be valid. It is important to note that in modern science, both at the national and international levels, joint forms of research prevail, and therefore "team science" (team science) becomes more valuable than "solo performances" of individual scientists. Therefore, the restrictions imposed on cooperation are aimed at preventing scientific cooperation with the Russian scientific community, which, according to a number of scientists, leads to the isolation of Russian science with all the negative consequences that follow from this [14]. In addition to restrictions directly affecting the possibilities of joint scientific events and projects, as well as academic exchanges, it should also be noted restrictive measures, economic in nature, which directly affect scientific cooperation and narrow its possibilities. All of them are well-known and intensively discussed in the expert environment. For example, this is the disconnection of Russian banks from the system of exchange of payments between countries (SWIFT), bans on flights of Russian aviation companies in the airspace of some states, restrictions on the payment of subscriptions to foreign scientific literature, restrictions on the purchase of imported equipment and components for laboratory research, bans on the use of individual computer programs and software. These and other measures directly hinder free scientific development. The reason for the sectoral pressure exerted on Russian science in the totality of its national and international dimensions lies in the search for additional channels of influence on Russia. Therefore, as an additional target, the sphere of its scientific and technological development was chosen, which is one of the priorities of state policy and is considered as a catalyst for economic growth and socio-economic well-being of the state. In this regard, the sanctions impact on science is directly related to restrictive economic measures and is equally capable of undermining the economic well-being of the state. At the same time, it is important to note that the imposed rupture of international scientific ties and the devaluation of scientific freedom for the sake of political conjuncture negatively affects not only the State against which sanctions are imposed, but also the States that impose sanctions. Recently, the subject area of research on anti-Russian scientific sanctions has been dynamically formed, represented by the works of domestic [15; 16] and foreign authors [17; 18]. It should be noted that it is very extensive and is in the process of its development. This is determined by the fact that anti-Russian sanctions have affected various forms of international scientific and technical cooperation with the participation of Russia within the framework of various sanctions regimes imposed by individual states and their associations, in particular, the EU. Here we should also add sanctions imposed by international research structures of the megascience class, for example, CERN. It is also impossible not to mention the anti-Russian sanctions in the field of science as measures taken by some foreign scientific centers and universities. The article presents a comparative analysis of the sanctions regimes imposed by Germany and the United Kingdom. The choice of these areas of sanctions pressure on Russian science as the subject of analysis is caused by the following reasons. Firstly, Germany, according to statistics, is the first important partner state of Russia in the scientific field (Merz M. Sanctioning Russia’s science community: at what cost? (June 17, 2022). URL: https://globalriskinsights.com/2022/06/sanctioning-russias-science-community-at-what-cost / (accessed: 11.06.2023)). Despite the fact that Germany is a long-term partner of Russia in the field of joint research projects, it became the first state to go to a sharp break in institutional research ties based on various official bilateral agreements. At the same time, it played the role of the "locomotive" of the fan of sanctions, further supported by other EU states, as well as imposed at the EU level as a whole. As the German expert G. Link notes, "the comprehensive boycott of Russian science by the German academic establishment is unique in Europe and its consequences can hardly be predicted" (Link G. Academic Boycott of Russia: Science in the Service of German Military Policy (03/10/2022). URL:https://www.wsws.org/ru/articles/2022/03/10/scie-m10.html (accessed: 11.06.2023)). However, it is already clear that severing ties with Germany is a very painful step for the Russian, and, indeed, for the German scientific and academic sector. Secondly, the United Kingdom, being Russia's fourth most important partner after Germany, the United States and China, and at the same time acting as a key player in the anti-Russian coalition, has taken a slightly different position. Its essence lies not in radical measures aimed at breaking, but in pursuing a policy of revising ties with Russia, which means allowing the preservation of some institutional ties in the name of preserving the implementation of some projects. However, despite the differences in the rhetoric of the sanctions policy, in both cases unilateral restrictive measures affected the same forms of scientific and technical cooperation regulated by bilateral agreements at the governmental and inter-agency levels (implementation of joint projects, academic exchange and joint scientific events). In this regard, the purpose of the article is to reveal the political and legal nature, structure and content of the sanctions regimes imposed by Germany and Great Britain against Russian science and Russia's participation in international scientific and technical cooperation. Achieving the research goal involves solving the following tasks: - to reveal the subject composition of the introduction of the anti-Russian sanctions regimes of Germany and Great Britain in the field of international scientific cooperation, as well as meaningful varieties of unilateral restrictive measures; - to determine the legal and political grounds for sanctions restrictions; - to identify the "layers" (subsystems) of sanctions regimes produced by various categories of subjects of sanctions; - to analyze the legality of the conditions for maintaining informal contacts with Russian scientists from the point of view of the principles of academic freedom; - to compare the sanctions regimes of Germany and the UK in terms of the dynamics, subject composition and content of unilateral restrictive measures. The achievement of the goal and the solution of research tasks was based on the following methodological basis. In particular, when revealing the content of the phenomenon of modern anti-Russian sanctions, the authors used the general scientific principles of historicism and development. This made it possible to demonstrate the shocking nature of institutional gaps in cooperation between Russia, on the one hand, and Germany and the UK, on the other, in the field of science, within which promising scientific cooperation was developing, despite the sanctions of 2014-2022. In addition, the research was carried out on the basis of a system-structural approach aimed at identifying the levels of sanctions measures against Russian science. The forecasting method has become the basis for analyzing the negative consequences of the suspension of international cooperation in the field of science. The general scientific method of event analysis used in socio-humanitarian research has been supplemented by the inclusion of consideration of the dynamics of the imposition of sanctions in the context of the theory of scientific sanctions. The use of general scientific methods and approaches was combined with the use of a special scientific methodology - the legal and dogmatic method, which became the basis for considering political and legal decisions on the introduction of anti–Russian sanctions; the comparative legal method, which allowed to reveal the general and special in the sanctions regimes imposed by Germany and Great Britain; the historical and legal method aimed at understanding the development of legal foundations bilateral international scientific and technical cooperation in the pre-sanctions period and the problems of their operation in the conditions of sanctions regimes. The novelty of the article lies in the fact that for the first time in the framework of the subject area of research of scientific sanctions in a comparative way and in the context of modern theoretical developments, the content and structure of unilateral restrictive measures introduced by Germany and Great Britain, belonging to the category of Russia's main partners in the field of international scientific and technical cooperation, were revealed. 1. Scientific and technical cooperation between Russia and Germany in the conditions of the sanctions "calm": legal foundations and scientific results As noted above, Germany became the first EU country to announce the severance of research cooperation with Russia and freeze bilateral scientific partnership in a short time. Before proceeding to the legal analysis of unilateral restrictive anti-Russian measures taken by Germany in the scientific sphere, it is necessary to turn to the characteristics of the legal foundations of scientific and technical cooperation between Russia and Germany, as well as the relevant results and expected prospects in the situation preceding the escalation of sanctions. Russia and Germany are long-standing strategic partners, including in the field of research [19; 20]. Back in 1986, an Agreement on scientific and technical cooperation was concluded between the Government of the Union of Soviet Socialist Republics and the Government of the Federal Republic of Germany (URL: https://docs.cntd.ru/document/901778521 (accessed: 08/21/2023)). It was replaced in 2009 by the Agreement between the Government of the Russian Federation and the Government of the Federal Republic of Germany on Scientific and Technical Cooperation (hereinafter referred to as the Agreement) (Munich, July 16, 2009) (URL: https://docs.cntd.ru/document/902178643 (accessed: 08/21/2023)). It states the fact of mutual interest of both states in the implementation of joint scientific and technical activities, which is an important element of strategic partnership. The parties to the Agreement agreed on joint implementation of research projects, unhindered exchange of scientists and specialists, organization of joint scientific events, assistance in the formation of innovative infrastructure. According to the Agreement, cooperation between the States parties to the Agreement is carried out in accordance with the legislation of both States. This means that the only condition under which it is possible to change the principles of joint scientific activity is the adoption of relevant legislative acts that prevent the fulfillment of the terms of the Agreement. The agreement also defines a coordinating body, which has become the Joint Russian-German Commission for Scientific and Technical Cooperation, whose main tasks are to form a policy for long-term scientific cooperation, identify priority areas of scientific and technological cooperation, draw up plans for joint scientific work and analyze the scientific results achieved and ways to improve the effectiveness of cooperation (Article 9). The agreement is concluded for a period of five years. At the same time, automatic prolongation is provided if none of the Parties initiates the termination of its validity. It is important to note that the termination of the Agreement does not entail the termination of the implementation of existing research programs and projects. Thus, the Agreement is formally legally valid as of today, as well as no by-law can contradict the Agreement. Similarly, other agreements that form the legal basis of scientific and technical cooperation between Russia and Germany remain in force, for example, the Agreement between the Government of the Russian Federation and the Government of the Federal Republic of Germany on Cooperation in the Field of Exploration and Use of Outer Space for Peaceful Purposes (St. Petersburg, April 10, 2001) (URL: https://faolex.fao.org/docs/pdf/bi-64965.pdf (date of application: 08/21/2023)). In the historical aspect, the following forms of scientific cooperation were implemented between Russia and Germany, which were analyzed in detail by the head of the Center for German Studies of the Institute of Europe of the Russian Academy of Sciences V.B. Belov [19]: - first, Russian scientific organizations (Russian Academy of Sciences, Russian Foundation for Basic Research) They actively interact with the German Research Society (DFG), and the legal formalization of international scientific cooperation between the DFG and the successor of the Russian Academy of Sciences - the Academy of Sciences of the USSR took place back in 1970; – secondly, since the Soviet period, Russian scientific institutions have been cooperating with the Society. Max Planck (MPG) is a large network of German research organizations, as well as with the Fraunhofer Society, which unites institutes specializing in applied research, as well as with other German research centers and foundations; – thirdly, academic exchange programs are actively implemented within the framework of interaction with the German DAAD service. Thus, it can be concluded that before the introduction of the sanctions regime between Russia and Germany, numerous joint research projects were actively and very successfully implemented. The importance of the development of the Russian-German scientific dialogue, which has made a significant contribution to the development of Russian-German cooperation in general, is evidenced by a number of joint government initiatives adopted in recent years, for example, the holding of the Russian-German “cross- The Year of Scientific and Educational Partnerships 2018-2020 under the joint patronage of the Foreign Ministers of the two countries, aimed at intensifying cooperation (URL: https://russische-botschaft.ru/ru/2018/12/06/sovmestnoe-zayavlenie-s-v-lavrova-i-kh-ma (accessed: 06/24/2023)). Despite Western sanctions in the period up to 2022, Russian-German cooperation expanded and deepened in the light of new prospects. This is evidenced by the materials of the meeting of the Joint Russian-German Commission on Scientific and Technical Cooperation, which took place at the end of June 2019 (URL: https://minobrnauki.gov.ru/ru/press-center/card/?id_4=1596 (accessed: 06/25/2023)). This meeting was considered as a signal for the scientific and educational communities of Russia and Germany to intensify their interaction. The meeting was attended by an unprecedented number of experts from Russia and Germany. Therefore, the call to expand cooperation was addressed directly to representatives of the scientific communities. Much attention was paid at the meeting to the implementation of the 2018 Roadmap detailing the directions and forms of scientific and technical cooperation coordinated by a specially created Working Group of the two departments. The roadmap includes programs for the joint creation and development of large research infrastructure, in particular, Big Science projects, the creation of conditions for academic exchange of scientists, international student practice and large-scale work on joint research projects on topics of priority for both countries (the Russian-German Roadmap for Cooperation in the field of education, Science, Scientific research and innovation (December 10, 2018). URL: https://m.minobrnauki.gov.ru/common/upload/library/2018/12/Rossijsko-Germanskaya_dorozhnaya_karta.pdf (accessed: 27.07.2023)). An important event was the signing of the Berlin Ministerial Declaration of Intent in 2019, reflecting mutual interest in the development of cooperation within the framework of the PIC and NICA projects, as well as in the creation of an International Organization for the Use of Neutrons in Scientific Research (URL: https://open-dubna.ru/nauka/6813-v-berline-podpisana-rossijsko-germanskaya-deklaratsiya-o-namereniyakh-v-nauchno-tekhnicheskom-sotrudnichestve (accessed: 08/17/2023)). These initiatives are directly related to the implementation of such a direction of the roadmap as "Large Research Infrastructure". An equally important event was the prolongation of specialized agreements in certain areas of Russian-German scientific and technical cooperation in the field of marine and polar research, sustainable development technologies in the field of environmental protection and rational use of natural resources, laser research and laser technology, as well as biological research and biotechnology. The implementation of the docking of the scientific sectors of Russia and Germany took place in the form of the Russian-German Forum of University Science (Moscow, December 2, 2019), which demonstrated the close relationship between scientific and educational organizations of the two countries (URL: https://dev.uaruhr.de/moskau/news/2019/news00926.html.ru (accessed: 08/18/2023)). The determination to continue the dialogue and expand cooperation in the field of education, science, technology and innovation was once again confirmed at the next meeting of the Russian-German Joint Commission on Scientific and Technical Cooperation, held on June 25, 2020 in the format of a videoconference within the framework of the Russian-German Year of Scientific and Educational Partnerships (2018-2020) (URL: https://misis.ru/news/6692 / (accessed: 08/18/2023)). Compared to the previous meeting of the Commission, a much larger number of experts, namely 130, took part in the discussion of topical issues of the implementation of the Roadmap. If we turn in more detail to the issues under discussion, then here, first of all, we should highlight the search for new directions and forms of cooperation (URL: https://minobrnauki.gov.ru/press-center/news/nauka-i-obrazovanie/22639 / (accessed: 09/10/2023)). In particular, Russian experts suggested developing joint initiatives in the field of artificial intelligence, and the German side pointed to the prospects of cooperation in hydrogen energy, while recognizing the importance of traditional areas such as marine and polar research, biotechnology and bioeconomics, climate research, while emphasizing the importance of cooperation in the humanities. Finally, the Russian side presented a draft Joint Position Paper on a global complementary scientific and technical partnership. Literally until recently, Russia and Germany jointly implemented global projects in the field of polar and climate research, as well as the international thermonuclear reactor (ITER). A major platform for Russian-German scientific cooperation was the European Research Center for Elementary Particle Physics (CERN). According to statistics, in 2019, the cost of projects jointly financed by Russia and Germany amounted to about 36 million euros, and more than half of the scientific articles published in co-authorship were carried out by German and Russian scientists [34, p. 1]. It is very symbolic that one of the joint competitions was called "Russia and Germany: scientific and educational bridges", the winners of which were projects of natural science and humanities (URL: https://minobrnauki.gov.ru/press-center/news/novosti-ministerstva/25220 / (accessed: 09/14/2023)). In accordance with the trends of digital transformations and taking into account the circumstances of the COVID-2019 pandemic, the "digitalization" of scientific cooperation between the two countries took place. Here you can give an example of the development of the Roadmap portal, as well as the portal of the joint competition "Russia and Germany: Scientific and Educational Bridges" as dialogue and communication platforms. As you can see, in 2014-2021, cooperation not only continued, but also expanded dynamically and was aimed at a long–term perspective based on the creation of a joint research infrastructure, including mega-science facilities, and the creation of a barrier-free environment for the exchange of intellectual and technological resources. Political support played an important role here, despite the complication of relations under sanctions, as well as the determination to jointly respond to global challenges, the most important of which was the COVID-2019 pandemic. These achievements were possible thanks to a clear adherence to the traditions of scientific diplomacy within the understanding that the politicization of the academic environment is always a brake on the development of science [22]. This kind of German adherence to these principles became possible due to the fact that the German government, formed in 2018, in building its foreign policy course towards Russia was guided by the content of section XII, paragraph 4, of the coalition agreement of the CDU, CSU and SPD (Ein neuer Aufbruch f?r Europa. Eine neue Dynamik f?r Deutschland. Ein neuer Zusammenhalt f?r unser Land. Koalitionsvertrag zwischen CDU, CSU und SPD (Berlin, 7. February 2018). s. 149-150. URL: https://www.bpb.de/system/files/dokument_pdf/Koalitionsvertrag_2018.pdf (accessed: 09/15/2023)). It reflects the interest of the new government in productive relations with Russia and in close cooperation with it in the name of ensuring peace and responding to the most important international challenges. According to V.B. Belov, despite the fact that this document focuses on the need to realize the significant potential of cooperation in the trade and economic field and interest in cooperation in the civil and public sphere, "in recent years, Russia and Germany, despite the mutual sanctions of the EU and the Russian Federation, actively continue mutual scientific and technical cooperation – it involves both academic and branch scientific institutions, as well as higher educational institutions. Student exchange and cultural and humanitarian cooperation are successfully underway" [23, p. 129]. However, since the implementation of Germany's policy of scientific sanctions, scientific cooperation has been curtailed at the level of bilateral and global projects. The formation of the anti-Russian sanctions regime had a shock effect and led to the destruction of the overall rise of Russian-German cooperation and its focus on the future.
2. The sanctions regime in the sphere of Russian-German scientific cooperation: political and legal aspect
If we turn to the analysis of anti-Russian sanctions in the scientific sphere, they were announced in the statement of the Minister of Education and Scientific Research of Germany B. Stark-Watzinger dated February 25, 2022. It reported that cooperation with Russia in the field of science and research, as well as in the field of vocational education and training, is immediately terminated, even though this cooperation fundamentally meets the interests of both sides and contributes to solving global problems such as climate change (URL: https://www.timeshighereducation.com/news/germany-halts-academic-collaboration-russia-over-ukraine-war (accessed: 07/19/2023)). According to the decision, all current and planned activities with Russia are frozen and subjected to critical analysis. At the same time, a moratorium on new actions has been imposed until further notice. The decree assumes that German universities will also freeze all their research projects and other relations with their Russian colleagues. The question arises as to the grounds for the introduction of such measures by the German Ministry of Education and Research (hereinafter – BMBF). As such, the grounds indicated are a serious violation of international law on the part of Russia, allegedly without any justification. In this regard, the unilateral severance of scientific ties is regarded as a serious consequence. This kind of grounds were also articulated in subsequent statements by the Minister (Stark-Watzinger: Ausl?ndische Abschl?sse schneller anerkennen (01.04.02022). URL: https://www.bmbf.de/bmbf/shareddocs/kurzmeldungen/de/2022/02/zusammenarbeit-mit-russland-gestoppt.html (accessed: 07/20/2023)). As a result, the following directions and goals are currently being applied in cooperation with Russia, as well as with Belarus: - research projects and programs with state participation from Russia and Belarus have been suspended, as well as research cooperation within the framework of which technology and know-how transfer is taking place or may take place. The suspension of funding does not affect German partners whose research activities are carried out in Germany and for whom the transfer of technology and know-how is excluded. At the same time, the legal basis of cooperation has been preserved. In contrast, Poland, for example, officially suspended on March 1, 2022 the intergovernmental Agreement on cooperation in the field of culture, science and education of August 25, 1993. The termination of cooperation with Russian scientists found its complement in the form of termination of cooperation with universities and research centers, in particular, with the Joint Institute for Nuclear Research in Dubna, and also with the International Center for Scientific and Technical Information. - The BMBF does not implement new initiatives and projects jointly with representatives of the governments of Russia and Belarus or budgetary institutions; Russian and Belarusian state institutions do not receive either personnel or financial support from the BMBF. This also means that, until further notice, new scholarships will not be awarded to German scientists and students who want to conduct research and teach in Russian and Belarusian institutions. BMBF's long-standing cooperation in the field of vocational education with Russia has already been terminated, and funding for mobility to Russia in the field of vocational training has been suspended. However, Russian and Belarusian scientists and students who are in Germany on the basis of individual funding should be allowed to stay in Germany. Bilateral discussion formats, events, conferences and summer schools with state participation of Russia/Belarus have been suspended. - the implementation of the "German-Russian roadmap for cooperation in education, science, research and innovation" in 2018 has been suspended. The planned cooperation seminars have been canceled, and the proposed Internet platform will not be launched. - German universities, as well as research and intermediary organizations were asked to suspend cooperation agreements and institutional cooperation with Russian and Belarusian partners within legal possibilities. Due to academic freedom, the final decision remains with the academic community. - BMBF considers scientists and students as part of civil society. For this reason, Russian and Belarusian scientists working in Germany should not be discriminated against, stigmatized or isolated. Freedom of science, teaching and research are integral components of independent democracies. Therefore, the BMBF supports those who stand for peace and these values. The sanctions measures affected not only Russian scientists, but also German ones, since the termination of cooperation implies the termination of scholarship payments to German citizens who wish to conduct research in Russian research centers. Anyway, despite the sanctions against Russia in the scientific sphere, they do not mean a complete cessation of cooperation. In particular, Germany seeks to keep channels open for opposition researchers in Russia. This approach was reflected in the above-mentioned statement by the head of the Minister's BMBF. In particular, it stated that "we will keep our doors open to researchers from Russia who face political persecution. We will support the people with whom we have been cooperating for many years." A similar approach of the measure can be traced in the Lubeck Declaration adopted at the 377th meeting of the Conference of Federal Ministers of Education and Culture and Ministers of Education and Culture of the Federal Republic of Germany (Lubeck, March 11, 2022). The Ministers urged not to bring students and scientists from Russia to personal responsibility: hostility and threats against immigrants from Russia should not have places in universities. This is justified by the thesis that freedom of science, teaching and research is an integral component of independent democracies (Kultusministerkonferenz am 10./11. M?rz 2022 in L?beck Beschluss "Der Krieg in der Ukraine und seine Auswirkungen" L?becker Erkl?rung zum Krieg in der Ukraine und seinen Auswirkungen. URL: https://www.kmk.org/fileadmin/pdf/PresseUndAktuelles/2022/2022_03_11-Beschluss_Ukraine_Wissenschaft-Bildung_endf.pdf (accessed: 05.09.2023)). A month later, the Federal Ministry of Education and Research of Germany made clarifications according to which it intends to terminate its research cooperation related to the transfer of technology and know-how, at the same time giving non-governmental institutions freedom of action to determine whether they should sever ties with Russian scientific institutions (Matthews D. Germany sets out new details of scientific sanctions against Russia (24 March 2022). URL: https://sciencebusiness.net/news/germany-sets-out-new-details-scientific-sanctions-against-russia (accessed: 07/20/2023)). However, research conducted in Germany within the framework of German-Russian cooperation and not related to the transfer of technology and know-how will not be affected by the termination of funding. Anyway, this applies to existing projects. But new projects will not only not be developed, but also funded. A Working Group has been created in the BMBF, which initiates a change in the policy of cooperation with Russia. The Working Group is designed to evaluate all forms and areas of cooperation in terms of the content and participation of Russian state institutions or the availability of state funding. The goal is to isolate the Russian government as much as possible, both nationally and internationally (Bundesministerium f?r Bildung und Forschung friert Kooperation mit Russland und Belarus ein. BMBF. 01.04.2022. URL: https://www.kooperation-international.de/aktuelles/nachrichten / detail/info/bundesministerium-fuer-bildung-und-forschung-friert-kooperation-mit-russland-und-belarus-ein / (accessed: 05.09.2023)). As we have already noted, the BMBF stated that it has asked German universities and other research organizations to suspend cooperation with their Russian counterparts "as far as possible in accordance with applicable law." Ultimately, in accordance with the principle of freedom of science, the final decisions will be made by the scientific community. Accordingly, the subjects of sanctions are also academic institutions and organizations. At first glance, the German authorities grant scientific and academic institutions the right to independently choose whether they should sever scientific ties with Russia or not, and if not, then independently choose the limits and forms of cooperation. However, the granted right has a rather conditional character due to the rather insistent tone of these recommendations regarding the termination of relations with Russian colleagues as far as the applicable legislation allows. The recommendations on severing scientific cooperation with Russian state scientific institutions and on stopping the development of new research projects are characterized by particular persistence. Meanwhile, the mindset of curtailing cooperation began to form among German universities quite independently. For example, even before the Ministry's statement, the Conference of Rectors of Germany (HRK) described Russia's foreign policy towards Ukraine as "deeply upsetting." In addition, in the future, the conference of rectors of Germany confirmed that the government recommended universities to freeze academic relations with Russia (URL: https://sciencebusiness.net/news/german-universities-told-freeze-ties-russia-retaliation-invasion (accessed: 06.09.2023)). But, despite solidarity with the decision of the Federal Ministry, the university community reacted to these recommendations very carefully, namely through the prism of awareness of the relevant consequences that have to be comprehended. However, this did not prevent conferences of land rectors, as well as universities and colleges themselves, from suspending most academic (scientific and educational) relations with Russian universities. The universities of Berlin, Friedrich Schiller University in Jena, Bauhaus University in Weimar, as well as the universities of Brandenburg, North Rhine-Westphalia, Bavaria and Baden-W?rttemberg implemented such measures most dynamically. The leadership of the University of Erfurt has suggested that Russian students should not come to Germany for the next two semesters. Such a decision looks quite radical against the background of the BMBF approach that Russian and Belarusian researchers and students working in Germany should in no case be subjected to discrimination, stigmatization and isolation. Of course, we cannot claim that the universities acted on the orders of the Ministry. But in Germany, the tradition of the academic community to follow government directives is quite strong, which clearly indicates the phenomenon of self-restriction of academic freedoms. In addition to universities, the subjects of sanctions include research centers, which until recently played the role of important scientific partners of Russia, as well as their associations. In particular, the Alliance of Scientific Organizations announced the suspension of cooperation with Russia. It includes the German Research Foundation (DFG), the Alexander von Humboldt Foundation, the German Academic Exchange Service (DAAD) and other significant scientific centers, for example, the Fraunhofer Society, the Helmholtz Association, the Conference of University Rectors, the Leibniz Association, the Max Planck Society, the National Academy of Sciences "Leopoldina", as well as the Scientific Council under the government of Germany. For reference, we note that the Association is the largest German organization engaged in stimulating and financing research. Its budget is 5.8 billion euros, and its staff numbers about 44,000 people. For this reason, it is considered the largest research organization in the world. According to statistics, in 2019-2021. The Alliance has supported more than 300 Russian-German research projects, allocating more than 110 million euros for their implementation (Renkes V. Am Abgrund. DUZ (18.03.2022). URL: https://www.duz.de/beitrag /!/id/1309/am-abgrund (accessed 07.09.2023)). In its statement, the Alliance agreed with the actions of the federal government, calling its "an attempt on the fundamental values of freedom, democracy and self-determination on which academic freedom and opportunities for academic cooperation are based" (Allianz der Wissenschaftsorganisationen: Solidarit?t mit Partnern in der Ukraine - Konsequenzen f?r die Wissenschaft (25. February 2022). URL: https://www.dfg.de/download/pdf/dfg_im_profil/allianz/220225_statement_allianz_ukraine.pdf?fbclid=IwAR2EFrD_yKoxCWK5K3CPcZb8Yk9Wsa--GCjn6v4WRNEZo3LPojeatQM4ieU (accessed: 07.09.2023)). According to the statement, decisions will be made in the process of interaction with the federal government, and German research funds will no longer benefit Russia, and no joint research activities will be carried out further. According to the statement, German research foundations intend to stop joint research activities. In addition, it was recommended that scientific cooperation with government agencies and commercial enterprises in Russia be immediately frozen until further notice. At the same time, each member of the Alliance must independently make decisions on the termination of cooperation. Currently, it has also been decided not to develop new cooperation projects. At the same time, the Alliance expressed its understanding of the consequences of these measures and at the same time admits that it deeply regrets the negative results of these measures for the development of science. In fact, there are coordinated actions of the German Ministry of Education and Research and the Alliance of Scientific Organizations aimed at ending scientific cooperation. At the same time, as can be seen, the decisions of various academic associations are correlated not only with the decisions of the government, but also with the decisions of their members. One of these member organizations is the Association of German Research Centers named after G. von Helmholtz, which is a community of 18 research centers in various fields of science. In 2019, its centers hosted 362 invited Russian researchers. In the same year, about 380 Russian young scientists and scientists were invited by the Max Planck Society (MPG). In general, 94 joint Russian-German projects were implemented with the participation of the Association's members. According to these indicators, Russia is ahead of Great Britain and France. In light of current events, the Helmholtz Association has stated that it strongly supports the consistent actions of the federal government (Allianz der Wissenschaftsorganisationen: Solidarit?t mit Partnern in der Ukraine - Konsequenzen f?r die Wissenschaft (25. February 2022). URL: https://www.allianz-der-wissenschaftsorganisationen.de/wp-content/uploads/2022/06/2022-02-25_Ukraine.pdf (accessed: 09/10/2023)). It should be noted that the Association is characterized by a general style of argumentation on the imposition of sanctions, characteristic of Europe. In particular, it is an indication of the fundamental values of freedom, democracy and self-determination as the basis of academic freedom and opportunities for academic cooperation. Accordingly, SVO is considered as an attempt on these values, which makes it impossible to continue cooperation. All this is complemented by the discretion of violations of international law. For this reason, the Association recommended that its members immediately freeze scientific cooperation with government agencies and commercial companies in Russia until further notice. This is justified by the fact that German research funds should no longer benefit Russia. For this purpose, it is envisaged to stop conducting joint activities in the field of scientific and research policy, as well as to stop initiating new cooperation projects. But at the same time, it is emphasized that it is necessary to show solidarity with traditional Russian cooperation partners, whose position is different from the position of the Russian government. Just like the Helmholtz Association, the German Academic Exchange Service (DAAD) announced the restriction of cooperation with Russia. As such, the number of Russian students (10,500 people) in Germany ranks fifth in terms of the number of foreign students. At the beginning of 2022, there were about 750 cooperation projects and 100 fellows supported by DAAD (URL:https://www.wsws.org/ru/articles/2022/03/10/scie-m10.html (accessed: 11.06.2023)). DAAD announced the suspension of projects with Russia and stopped student exchange programs for German students who want to come to Russia. However, for Russian students, the scholarship program has not stopped yet. Thus, the exchange organization keeps in touch with its long-standing partner institutions in Russia. Nevertheless, it is envisaged to suspend the acceptance of applications for grants and DAAD scholarships in Russia. German fellows who have already been selected cannot currently receive financial support for their planned stay in Russia. DAAD expects German universities to suspend all their DAAD-funded project activities with partner institutions in Russia and Belarus. Of course, the question arises about the justification of decisions to limit German-Russian exchange relations funded by DAAD. The relevant justifications were reflected in the statements of the President of DAAD – J. Mukherjee. According to his position, against the background of a serious challenge in the field of foreign policy, defense and security, which is shaking the foundations of European values, foreign scientific policy should also ask itself what contribution it can make to the overall strategy of the federal government and the European Union to isolate Russia. From this recognition, it follows that the actions of the DAAD are an integral part of the overall strategy of the German government, as well as the European Union, aimed at isolating Russia (Nach Angriff auf Ukraine. DAAD schr?nkt wissenschaftlichen Austausch mit Russland ein. Pressemitteilung vom (25.02.2022). URL: https://www.daad.de/de/der-daad/kommunikation-publikationen/presse/pressemitteilungen/einschraenkung-austausch-russland / (accessed: 07/22/2023)). He has close scientific ties with Russia with the German Research Society (Deutsche Forschungsgemeinschaft/DFG). More recently, Russia has been a priority country in international DFG financing programs. One of the forms of interaction was not only project support, but also a special program of cooperation with the Russian Science Foundation/RNF, the implementation of which was also expected in 2022-2024 in all fields of science (URL: https://www.dfg.de/en/research_funding/announcements_proposals/2020/info_wissenschaft_20_60/index.html (accessed: 07/23/2023)). As follows from the press release, the DFG now suspends the financing of research projects between scientists from Germany and Russia, and also stops the exchange of data, samples, equipment or research materials within the framework of ongoing cooperation projects (DFG takes steps in response to Russian attack on Ukraine. Press release No. 1 (March 2, 2022). URL: https://www.dfg.de/en/service/press/press_releases/2022/press_release_no_01/index.html (accessed: 09/19/2023)). But here we are talking about a ban on financing Russian contributions to joint projects until further notice, then the German share in such projects will be paid. Moreover, it was announced that the acceptance of proposals for financing new joint projects was suspended, as well as proposals to extend current projects until further notice, as well as the termination of joint activities. In taking these steps, the DFG supported the consistent actions of the German Government, while emphasizing the drastic consequences of these measures and expressing deep regret for them from an academic point of view. However, the institutional gaps that the DFG has gone to are complemented by the desire to support Russian scientists who disagree with the policy of their own and emigrate to the West. Such measures, ultimately, are a way to support the "brain drain". This approach is quite correlated with the statements of the head of DAAD, which are closely related to his above-mentioned statement about the curtailment of DAAD cooperation with Russia. Here we are referring to the call to the German government to expand the refugee support program, which should, firstly, strengthen anti-government forces in Russia, and, secondly, attract Ukrainian scientists to Germany, who in the future can take a leading position in the process of restoring Ukraine. In turn, the goal of the DFG is more modest and is to give Russian as well as Ukrainian refugee scientists the opportunity to continue their academic activities by integrating them into the German academic system in the short term. Further, on March 8, 2022, additional information for the recipients of funding followed (URL: https://www.dfg.de/en/research_funding/announcements_proposals/2022/info_wissenschaft_22_22/index.html (accessed: 09/19/2023)). In particular, it reflects the decision to suspend joint projects and activities jointly funded by the DFG, on the one hand, and the RNF and RFBR, on the other. In addition, it was decided to suspend the exchange of data, samples, equipment or research materials within the framework of existing cooperation. At the same time, a quite natural question arises as to whether there can be a continuation of projects without and without the provision of fundamental resources? In other words, the projects cease to be joint, but each side continues to work on its own research area. Therefore, the projects should continue, but outside the framework of cooperation. From our point of view, it is completely unclear how the planned results can be obtained with "reduced" funding. Despite the fact that scientific cooperation between Russia and Germany meets the interests of both states, the German scientific community expressed solidarity with the position of the German authorities on the issue of Russia's violation of international law, and therefore considered it necessary to terminate cooperation in the field of science and education as a measure of responsibility. As a result, severing ties with Germany as a long–term partner of Russia is a very painful step for the Russian and German academic sector. But, as we have already noticed, the declared gap is not absolute. Current projects are continuing, and some channels of scientific communication with Russian scientists remain. Unlike the DFG, which closed its representative office in Moscow, the German House of Science and Innovation (DWIH), although it does not hold public events in Moscow, does not cease to be a discussion platform and a center for scientific and educational cooperation between Germany and Russia (URL: https://www.dwih-moskau.org/ru/2022/03/31/dwih-ostaetsya-diskussionnoj-ploshhadkoj-dlya-svoih-partnerov / (accessed: 09/18/2023)). In this regard, Germany follows some of its bilateral international legal obligations, despite references to the axiological as well as legal assessment of the current geopolitical situation. However, in the EU format, this is a very radical state. This is reflected in the fact that the determination and speed with which Germany severed its institutional research ties with Russia formed a kind of precedent, which was followed by other EU countries. Similar measures have been taken by other non-EU states, in particular, the UK and Norway. After Germany announced the termination of cooperation with Russia in the field of higher education and research, German MEP K. Ehler, a leading speaker in the European Parliament on the Horizon Europe program, called on the EU, represented by the European Commission and the Council, to sever all scientific and research relations with Russia (EU should sever scientific ties with Russia, says leading German MEP (25 February, 2022). URL: https://sciencebusiness.net/news/eu-should-sever-scientific-ties-russia-says-leading-german-mep (accessed: 09/18/2023)). In his opinion, since Germany freezes all research ties with Russia in an unprecedented way, the EU only has to terminate the Agreement on Cooperation in the Field of science and technology with Russia, which, as is known, was extended in 2019. for another five years. In turn, in his opinion, the Commission should update the Horizon Europe work program for 2022 in order to exclude the participation of legal entities established in EU states or in associated countries that are directly or indirectly controlled by Russian organizations, as well as add a similar item to the work programs for 2023-2024. However, Russian recipients of individual research grants from the European Research Council should not be banned. There is pressure on the EU from Germany, which, as you know, has the largest research budget. At the same time, Prof. K. Deketelar, Secretary General of the League of European Research Universities (LERU), voiced a different point of view. In particular, he spoke out against the politicization of research and research cooperation. In his opinion, academic cooperation between universities, as well as between researchers, can act as the last remaining bridge between the EU and Russia. In turn, its termination may disappoint the Russian academic community and push it towards China, which is far from in the interests of Europe. The reaction to the sanctions measures imposed by the German scientific community is ambiguous. Some express solidarity with the political attitudes that force them to abandon scientific cooperation with Russia. At the same time, very radical views are expressed. Among the "hawks" can be attributed G. Dosha, who directs the installation of the German electronic synchotron Deutsches Elektronen-Synchrotron / DESY). The radicality of his views lies in comparing the beginning of the SVO with the attack of September 11, 2001 . In this regard, he proposes to strike a serious "retaliatory blow" by severing ties in the form of termination of projects and technology transfer. For his part, he withdrew the articles prepared in collaboration with Russian researchers in the journals Nature and Science, and also ordered that the researchers invited to Hamburg from Russia leave Germany as soon as possible. An even more radical position was taken by the head of the Helmholtz Association, O. Whistler, who, with reference to the fact of "fundamental violation of our values", stated that he personally cut off not only all ties with Russia, but also with people with whom he had been cooperating for a long time (Schmitt, A., Scholz, A.-L. Sanktionen gegen Russland: Der Schnitt. Die Zeit (29.04.2022). URL: https://www.zeit.de/2022/18/sanktionen-russland-wissenschaft-auswirkungen / komplettansicht (accessed: 09/14/2023)). Other representatives of German scientific organizations are aware of the injustice of such actions in relation to Russian scientific partners and regret the forced measures taken, but, nevertheless, do not deviate from the recommendations of the government. In particular, despite the fact that the Presidium of the Max Planck Society (MPG) announced that it would not allow employees who publicly support the Russian president in its ranks [21], the head of the Society M. Strathmann took a rather flexible position. From his point of view, academic freedom presupposes the personal right of everyone to decide whether or not to maintain personal contact with Russian scientists in the face of a sharp institutional break in cooperation. M. Strathmann sent a letter to the institutes belonging to the Max Planck Society, in which he urged to take a principled position regarding the break in official cooperation, but while maintaining the possibility of maintaining personal contacts. (Schmitt, A., Scholz, A.-L. Sanktionen gegen Russland: Der Schnitt. Die Zeit (29.04.2022). URL: https://www.zeit.de/2022/18/sanktionen-russland-wissenschaft-auswirkungen / komplettansicht (accessed: 09/14/2023)). Indeed, some representatives of the scientific community, referring to the principles of academic freedom, advocate continued cooperation with Russian scientists and emphasize that international cooperation can be continued not only with those who fully share certain European values and (or) political attitudes (Sharov A. The future is with the other half. Science is not only in the West (05/24/2022). URL: https://poisknews.ru/science-politic/budushhee-s-drugoj-polovinoj-nauka-est-ne-tolko-u-zapada / (accessed: 03.09.2023)). In particular, such an expert as G. Link believes that the desire to "punish" Russian scientists and students for state policy is quite unreasonable. Moreover, in this gesture, he sees traces of German militarism and the desire to subjugate the German academic community with a fierce anti-Russian campaign in culture and public life (Link G. Academic Boycott of Russia: Science in the Service of German Military policy (03/10/2022). URL:https://www.wsws.org/ru/articles/2022/03/10/scie-m10.html (accessed: 11.06.2023)). In any case, the German scientific community, expressing or not expressing solidarity with the position of the German government, is aware of the radical nature of the measures taken, the depth and inevitability of possible consequences for the development of science. Indeed, the termination of the exchange of data, samples, equipment or research materials within the framework of existing cooperation projects, joint activities, means stopping the progress of science in its specific areas. It seems that current projects will continue to be supported, but based on the following algorithm: financing of the Russian contribution to joint projects will be discontinued until further notice, but the German share in such projects will continue to receive funding. At the same time, the only way to obtain the planned results with such "reduced" funding may be the relocation of Russian scientists to the country of receiving funding, the conversion of external payments into internal ones, the provision of other financial support to Russian scientists acting as refugees, oppositionists, emigrants. In this regard, the negative consequence of the restrictions imposed on Russian science is not only the objective complexity of conducting research by scientists in these conditions, but also the outflow of qualified personnel from the country. Of course, the personnel problem manifests itself both in the loss of domestic specialists due to their emigration, and in the departure of invited foreign scientists. Thus, these actions cause serious damage to German-Russian academic relations and undermine the institutional autonomy of science. Instead of trying to build a scientific dialogue in politically difficult circumstances, German academic circles urge to refrain from international cooperation with Russia. Nevertheless, we live in a multidimensional world, and only with the help of international scientific cooperation it is possible to overcome the crises to which humanity is exposed. The future fate of Russian-German cooperation depends on thoughtful, compromise and consistent political decisions of both states. According to V.B. Belov, "as of June 2022, it is impossible to make a forecast about the further development of the situation in the sphere of bilateral scientific, educational, cultural and humanitarian cooperation. With a high degree of probability, an "ice age" should be expected in the medium term, within which individual contacts will gradually resume, as well as individual dialogue platforms will be revived. In the long term, the interaction will be resumed, but it will already be a different model, formed within the framework of a new paradigm and according to other patterns" [24, p. 80]. It should be noted that as of autumn 2023, the situation of scientific and technical cooperation between Russia and Germany is in a similar state. However, it is unlikely that due to the preservation of some interpersonal contacts and dialog channels, we should talk about the Iron Curtain.
3. Institutional gaps in Russian-German scientific cooperation at the level of mega-science class infrastructure facilities
Special attention should be paid to the termination of cooperation within the framework of research infrastructure facilities of the megascience class, the main partners of which are Germany and Russia. In particular, Germany has decided to continue fulfilling some of its obligations with respect to the next major scientific facilities of the megascience class with the participation of Russia. Firstly, it is the world's largest X-ray Free-Electron laser (European X-Ray Free-Electron Laser Facility) in Hamburg. Secondly, it is the Center for Antiproton and Ion Research (Facility for Antiproton and Ion Research, FAIR), which is being built in Darmstadt. The idea of the projects arose in the early 2000s, when close relations were formed between Germany and Russia during the chancellorship of G. Schroeder and then the chancellorship of A. Merkel. Both projects are comparable in importance to the Large Hadron Collider. But unlike the latter, the functioning of these installations largely depends on the dynamics of the partnership between Russia and Germany as a basic "duo" within the framework of these ambitious initiatives on a global scale. XFEL is a mega–installation with a length of three and a half kilometers, in which high-intensity X-ray electromagnetic radiation is generated. This project opens up opportunities for the study of chemical and physical processes occurring in matter, allowing us to reach a new level of research in the field of physics, chemistry, materials science, biomedicine, to study the interior of planets. The construction of the installation, the idea of which was largely expressed by Soviet physicists, began in 2009. The launch of the installation, the cost of which is 1.2 billion euros, was carried out in September 2017. The Convention on the Construction and Operation of the European Free Electron X-Ray Laser Installation (XFEL) of November 30, 2009 provides that the participants of XFEL are their designated organizations with the status of a limited liability company (URL: https://www.auswaertiges-amt.de/en/aussenpolitik/themen/uebersicht/248620 (accessed: 12.09.2023)). Russia is represented by the National Research Center "Kurchatov Institute", which oversees the work of other Russian scientific institutions on the laser (Institute of Nuclear Research of the Russian Academy of Sciences, Institute of Crystallography of the Russian Academy of Sciences, Budker Institute of Nuclear Physics of the Siberian Branch of the Russian Academy of Sciences, Ioffe Institute of Physics and Technology of the Russian Academy of Sciences, the enterprise Rosatom NIIEF named after Efremov, the Joint Institute for Nuclear Research, MEPhI, MIPT, MSU, as well as other organizations). The supreme body, the Meeting of Participants, is designed to create prerequisites for the implementation of the dependence between the financial contribution of the participating State and the ability to use the appropriate equipment. The Convention does not provide for the exclusion of a State party that does not fulfill its obligations. However, the Founding Agreement for the creation of limited liability companies provided for by the German Law on Limited Liability Companies ((Gesetz betreff end die Gesellschaften mit beschr?nkter Haftung (Zuletzt ge?ndert durch Art. 9 G v. 22.2.2023 I Nr. 51). URL: https://www.gesetze-im-internet.de/gmbhg/GmbHG.pdf (date of application: 12.09.2023)) and at the same time being an Annex to the Convention, provides for a legal mechanism for the compulsory redemption of a participant's share, including if there is a debt to contribute to the project for more than three years. This mechanism consists in the fact that in the event of a State party withdrawing from the Convention, the conditions and consequences of withdrawal, in particular its share in the costs of dismantling the company's equipment and buildings and in compensation for losses, should be determined by agreement between the parties. Currently, there are 12 States parties to a series of intergovernmental agreements within the framework of XFEL. The Russian Federation participates in this international project in accordance with the Decree of the Government of the Russian Federation No. 1025-r dated July 23, 2009 "On the participation of the Russian Federation in the project for the construction and operation of a European X-ray free electron laser installation"URL: https://base .garant.ru/2568382 / (accessed 12.09.2023)). Russia's contribution to the construction of XFEL is 27%, while Germany's expenses amounted to 58%. The share of expenditures of other states varies from 1% to 2%. But not only financial, but also technological contribution is important here. In particular, Russia supplies technological solutions, components, devices, for example, magnets. Therefore, it would not be a mistake to say that the installation of XFEL became possible thanks to the bilateral partnership of Russia and Germany, while simultaneously becoming a point of attraction for other participants in the world scientific community. Each of the participating States received its share in the company European XFEL GmbH, which corresponds to their contribution. In 2022, Russia's contribution was to amount to 37 million euros. The high level of Russian investments reflects the policy of internationalization of Russian science. At the same time, Russia has become one of the leaders in the number of applications for conducting experiments on a laser beam, which brings with it commercial benefits from the services provided for R&D. At the same time, Russia, along with Germany, occupies significant positions in the process of determining the main directions of research. The launch of the installation, which took place almost without delay and corresponded to the planned budget, which is quite rare for megascience-class installations, as well as its very operation in 2017-2021. took place under the conditions of sanctions imposed since 2014. As the analysis of the atmosphere of cooperation shows, the scientific interaction of Russian and foreign specialists was carried out in the spirit of mutual understanding and trust. As a result, the situation of sanctions, which were then of an economic and political nature, did not affect the sphere of scientific cooperation as a whole. Therefore, as the president of the Kurchatov Institute noted at the time, partnership, and not only in science, has shown high efficiency for many years when we combine our ideas, intellectual contribution with that clear organization, high level at which our German colleagues are able to work (Mikhail Kovalchuk: a new world scientific landscape is created thanks to Russia (01.09.2017). URL: https://ria.ru/20170901/1501479496.html?in=t (accessed: 12.09.2023)). And only in the context of such cooperation are breakthrough results in science possible. The new stage of sanctions of unfriendly states is characterized by the scaling of anti-Russian sanctions against science. As a result, the events of the first decade of 2022 resulted in the Statement of the Board of Governors that new agreements with Russian institutions will not be concluded, and the current agreements will be suspended while simultaneously complying with the legal obligations of XFEL (EuropeanXFEL Statement on the war in Ukraine (March 2, 2022). URL: https://www.xfel.eu/news_and_events/news/index_eng.html?openDirectAnchor=1947)/ (accessed 12.09.2023)). As an argument, it was argued that research can best flourish in a democratic international society through cooperation based on European values. The axiological argumentation, supplemented by references to the alleged violation of international law, became the basis for the conclusion that future relations with researchers and institutes based in Russia will be determined in due course. There was also a proposal to suspend Russia's membership. However, the shareholders did not support such a proposal. This is due to the fact that Russia's payments as a contribution to the project amount to 40 million euros. Therefore, in case of Russia's withdrawal from XFEL, the payment amount should be distributed among the other participating states. The latter are not ready for such a step yet. For its part , the German representative of XFEL G. Ebeling declared Germany's readiness to compensate Russian contributions and readiness to freeze cooperation that is not legally binding (Quoted by: Nestler R. So reagieren die Forschungsorganisationen auf Butscha. Tagesspiegel. (06.04.2022). URL: https://www.tagesspiegel.de/wissen/nicht-ganz-auf-distanz-zu-russland-so-reagieren-die-forschungsorganisationen-auf-butscha/28230272.html (accessed: 12.09.2023)). At the moment, the Russian employees of XFEL remain at their workplaces, which indicates that the cooperation continues. The decision of the BMBF to continue cooperation, involving the continuation of the fulfillment of obligations under these international projects with Russian participation, was not easy, especially given the deliberately principled position expressed regarding Russian-German cooperation. Further implementation of these agreements will be coordinated by ministry officials with other international partners within the framework of existing agreements (Bundesministerium f?r Bildung und Forschung friert Cooperation mit Russland und Belarus ein. BMBF (01.04.2022). URL: https://www.kooperation-international.de/aktuelles/nachrichten/detail/info/bundesministerium-fuer-bildung-und-forschung-friert-kooperation-mit-russland-und-belarus-ein / (accessed 12.09.2023)). Such decisions are dictated by the fact that these projects belong to the megascience class. Accordingly, their implementation is difficult to imagine without the participation of major players, which include Russia. In particular, under the conditions of sanctions, there were complications with the supply of equipment to and from Russia. We have already noted that Russia's technological contribution to the laser installation includes the supply of magnets. The steps taken by XFEL, which led to the refusal of the services of one of Rosatom's subsidiaries, namely the Research Institute of Electrophysical Equipment (JSC "D. V. Efremov NIIEF"), which develops and supplies special (dipole) magnets XBS-L, called into question the functioning of the installation. In general, the cooperation continues, but it has a deformed character.The General background of the desire of Germany to exclude Russia from the project XFEL, steps are taken to block the publication of scientific articles of Russian scientists made the results of the work on the installation. Along with the XFEL mega–installation, Russia is an active participant in the FAIR accelerator project under the auspices of the Helmholtz Heavy Ion Research Center (GSI Helmholtz Zentrums f?r Schwerionenforschung).The project aimed at creating a complex of 7 accelerators began to be implemented in 2005. Initially, its cost was estimated at 1.6 billion euros. The start of experiments at the plant was planned for the early 2020s, and the output to the design capacity - in 2025. Unlike XFEL, construction and installation work is several years behind. 17 countries participate in the project, including Russia, which became a participant in the project in 2010 by joining the Convention of October 12, 2010. about the construction and operation of an antiproton and ion research facility in Europe (URL: https://www.auswaertiges-amt.de/en/aussenpolitik/themen/-/248658 (accessed: 17.09.2023)). The share of Russia's financial participation is more than 15%, or 178 million euros in 2005 prices (about 230 million euros in 2022 prices). This is the largest contribution among all participants of the project with the exception of Germany (705 million euros) (URL: https://nplus1.ru/news/2022/03/05/fair (accessed: 17.09.2023)).Our country has already invested 230 million euros in the project, which is about 15% of the total amount. Russia is also a supplier of such important components as magnets here. The importance of Russia's participation in the project of creating a new large international laboratory lies in the possibility, together with about 3,000 researchers from different countries, to carry out experiments aimed at studying the fundamental properties and structure of matter, which can contribute to going beyond the Standard Model of Physical interactions. The implementation of the project gives a new impetus to the development of new technologies and relevant R&D in the field of electronic cooling systems, superconducting elements, magnetic systems, vacuum chambers, beam diagnostics systems. In the future, the technologies developed here can be used in various sectors of the economy. As is the case with other installations of the megasains class, foreign partners are interested in cooperation with Russian specialists with relevant competencies. Such competencies are possessed by the Budker Institute of Nuclear Physics, specializing in the field of high-energy physics and controlled thermonuclear fusion. However, these plans also failed to come true. In mid-March, by the decision of the partners, interaction with Russian institutions and commercial firms within the framework of the Convention was frozen. In their statement, the managing Directors of the project and GSI/FAIR stressed their full support for the sanctions imposed by the German government and its international partners (FAIR Statement on the war of aggression by Russia on Ukraine (March 4. 2022). URL: https://fair-center.eu/news/detail/2022/03/04/stellungnahme-ukraine (accessed: 09/18/2023)). In accordance with the position of the Alliance of German Scientific Organizations, it was decided to suspend all cooperation with Russian state institutions and commercial enterprises. The suspension applies to ongoing bilateral cooperation projects with immediate effect. The planning and conclusion of new bilateral cooperation projects has been canceled. The essence of these measures is to stop the supply of components from Russia and research trips (at the level of the NUSTAR collaboration, cooperation within which is designed to reach the most advanced positions in global science for the study of exotic nuclei and nuclear reactions at intermediate energies). It was decided to coordinate the implementation of the FAIR multilateral project with the participation of Russia with other partners regarding the further implementation of international agreements. The possibility of adjusting these measures is set depending on the further development of the situation. The Managing Directors admitted that these measures will certainly have a strong impact on the activities of all project participants. The representative of the Center I. Peter believes that the supply of components and equipment from Russia can be replaced by their production in Europe, but this will mean another delay in the launch of the installation and an increase in the cost of the project being implemented. Russian scientists who are "threatened" by political persecution in their country can continue to work in the project (Quoted by: Nestler R. So reagieren die Forschungsorganisationen auf Butscha. Tagesspiegel. (06.04.2022). URL: https://www.tagesspiegel.de/wissen/nicht-ganz-auf-distanz-zu-russland-so-reagieren-die-forschungsorganisationen-auf-butscha/28230272.html (accessed: 12.09.2023)). So, both institutions have announced the termination of cooperation with Russian institutions, although it is unclear whether it is possible to completely exclude Russia. As a result, there was an entry into uncharted territory, where decisions should be made quickly, on shaky legal ground. Thus, a new situation arose when big science faced a geopolitical crisis, which led to the rupture of scientific ties. The analysis of the complications of Russia's participation in projects implemented on the basis of megasience class installations prompts us to recall that the purpose of the latter is not only to generate new fundamental knowledge, but also to implement policy by other means [25]. It was from this point of view that K. Kramer conducted her fundamental study of the political history of Big Science in Europe in the late XX – early XXI centuries, characterized by the construction of joint installations, namely the European Synchrotron Radiation Center (ESRF) (Grenoble, France) and the European X-ray free electron Laser (European XFEL) (Schoenefeld, Germany) [26]. The point is to implement additional directions in ensuring the process of European integration that goes beyond the institutional framework of the EU through cooperation within the framework of big science. Accordingly, there was an inevitable symbiosis between science, technology and politics in the context of the geopolitical reality that developed after the end of the cold war. However, in the context of the departure from the previous geopolitical situation and the transition to a new one, strategic large-scale research collaborations with the participation of Russia are disintegrating. As for the cooperation of Western countries with China, it is also entering the revision phase. But, on the other hand, this does not mean the complete abolition of global science. There is simply a redesign of its subjective landscape. Here we can cite the point of view of T. Jorgenson (European Association of Universities) that sanctions measures in the European scientific community are perceived not as a temporary state of emergency, but as a radical change in the paradigm of scientific diplomacy itself (Schmitt, A., Scholz, A.-L. (2022). Sanktionen gegen Russland: Der Schnitt. Die Zeit (29.04.2022). URL: https://www.zeit.de/2022/18/sanktionen-russland-wissenschaft-auswirkungen / komplettansicht (accessed: 09/14/2023)). What is it? From our point of view, the essence of the paradigm shift is that, firstly, science and scientific cooperation have become involved in a geopolitical confrontation. Secondly, the condition for continued cooperation of Russian scientists with Western countries is the fulfillment of the requirement for public condemnation of their own and confirmation of loyalty to "democratic values". The required deliberate demonstration of its opposition means not only that the principles of scientific diplomacy developed over decades have been "thrown into the landfill", but also that there is a denial of freedom of scientific research as one of the significant human rights recognized at the international level. An analysis of the German sanctions regime against Russian science has shown that it includes measures to suspend cooperation at the institutional level. However, there are no time parameters for the action of these measures, and the conditions for their cancellation are not formulated, although they are indirectly assumed. Meanwhile, it is the time parameters that are extremely necessary from the point of view of resuming the implementation of the obligations stipulated by the Russian-German agreements in the field of science, technology and education. It seems that the possible prospects for improving Russian-German relations in this area and their return to the legal mainstream largely depend on the balance of political forces, some of which adhere to the vector of "abolition" of Russian science, while others oppose the already well-rooted culture of rejection of everything Russian.
4. Features of the UK's sanctions regime against Russian science
Another major scientific collaborator of Russia is the United Kingdom, which acted as one of the key initiators of economic and political sanctions against Russia [27]. From the point of view of the historical digression, the UK introduced its own sanctions regime, which was different from the EU regime and often had more far-reaching consequences. In the context of sanctions, scientific and technical cooperation between the two countries faces a series of difficulties, supplemented by actual scientific sectoral sanctions. Of course, the volume of scientific and technical cooperation between Russia and the UK is inferior to the interaction between Russia and Germany. But, be that as it may, there is significant damage from the suspension and rupture of bilateral scientific and technical cooperation. Prior to the introduction of sanctions restrictive measures, joint scientific projects were actively carried out between Russia and the UK. The general legal basis for this interaction was the Agreement between the Government of the Russian Federation and the Government of the United Kingdom of Great Britain and Northern Ireland on Cooperation in the Field of education, science and culture in 1994. (Moscow, February 15, 1994). (hereinafter – the Agreement) (URL: https://docs.cntd.ru/document/1900454 (accessed: 02.09.2023)).The agreement provides for scientific cooperation, academic exchanges, the provision of scholarships for internships, the implementation of joint research projects. As in the case of the Agreement between Russia and Germany, the formally legally specified Agreement between Russia and the UK is valid. Nevertheless, virtually all joint research activities have been discontinued due to the introduction of a unilateral sanctions regime in the field of science. In the context of the recent past, despite the sanctions imposed since 2014, scientific and technical cooperation between Russia and the UK has developed quite dynamically. In particular, they discussed the development of a joint roadmap for international research cooperation (URL: https://www.britishcouncil.ru/programmes/education/year-science (accessed: 09/16/2023)). The program of the Year included activities aimed at stimulating scientific cooperation between the two countries and establishing new partnerships between universities in the UK and Russia. Symposiums on antimicrobial resistance have taken a prominent place. In addition, events were held to popularize the scientific achievements of Russian and British scientists. The cooperation that followed the Year of Science and Education was expressed not only in the implementation of various bilateral projects, but also in the three-year professional development program for scientists "Future Science". As a result of the program, 1,674 young researchers from the two countries participated in a series of seminars Researcher Links and Researcher Connect, aimed at establishing partnerships and improving scientific communication skills. The visit of a delegation of rectors of British universities to Russia in 2019 made it possible to reconsider the tasks of cooperation between the UK and Russia in the field of higher education, including academic mobility. Russian researchers have worked in unique research centers and universities. In general, there was an impression that scientists were outside politics. This impression corresponded to reality. If we turn to the current UK sanctions policy in the scientific sphere, it quite clearly demonstrates the consideration of the institutional gap in international research cooperation with the participation of Russia as an instrument of geopolitical pressure. In terms of the formation of anti-Russian sanctions in the field of science, the UK acted a little slower than Germany, but faster than the United States. Following the example of most other European countries, it has formed its own scientific sanctions against Russia. The UK authorities decided to impose restrictions on scientific cooperation with Russia in order to produce a "negative effect" for the Russian state, but not to apply sanctions against specific scientists from Of Russia. In addition, it was decided to suspend the intergovernmental dialogue between the two countries on science and innovation at the level of the joint Committee for cooperation in science and Technology. The starting point for the introduction of sanctions was the process of a dynamic review by the Department of Business, Energy and Industrial Strategy (hereinafter – BEIS), further reorganized in 2023, of relations in the field of R&D with Russia. The review was undertaken at the end of February 2022 at the initiative of the Minister of Science, Research and Innovation, as well as the head of the Department. The goal is to fix "points" whose impact could negatively affect the Russian state, as well as individuals and organizations with strong ties to official circles, but without imposing sanctions on individual Russian scientists (Tatalovich M. BEIS to review all Russian R&D funding links amid war on Ukraine (February 28, 2023). URL: https://www.researchprofessionalnews.com/rr-news-uk-research-councils-2022-2-beis-to-review-all-russian-r-d-funding-links-amid-war-on-ukraine / (accessed: 09/15/2023)). Thus, the review made it clear that Russian beneficiaries of British R&D financing could be included in sanctions against Russia. The very revision of scientific ties with Russia was undertaken as part of a broader package of anti-Russian sanctions. As follows from the Statement of the relevant Minister of Science, Research and Innovation dated March 27, 2022, in accordance with the government package of economic sanctions, a decision was made to suspend state-funded research and cooperation in the field of innovation with Russian universities and companies of strategic importance to the Russian state (Research and innovation sanctions on Russia and support for Ukraine (27.03.2022). URL: https://www.gov.uk/government/news/research-and-innovation-sanctions-on-russia-and-support-for-ukraine (accessed: 09/14/2023)). The purpose of these actions is to introduce measures that would have a negative impact on the Russian state, as well as on individual Russian individuals and organizations. The measures announced by the Minister of Science, Research and Innovation included the following: 1) suspension of all payments for projects implemented through UK government research funds with the participation of Russia, based on the principle of due diligence; 2) suspension of financing of any new joint projects with Russia through UK research and innovation organizations; 3) suspension of the dialogue between the governments of these states through the network group on science and innovation in Russia, including joint scientific projects; 4) isolation of Russia at the level of multilateral organizations of which Great Britain is a member. It would seem that the proposed measures are as radical as the measures introduced by Germany. But let's pay attention to the due diligence clause. This reservation, as well as subsequent actions, show that British radicalism is only apparent. This means that the initial basis for deciding whether to terminate or continue cooperation is an assessment of the current joint project with Russian participation in terms of the degree of its focus on achieving the public good. In the event that the results of the project do not imply the strengthening of Russia's military potential and the development of dual-use technology, then its continuation is considered quite appropriate (Matthews D. UK announces Russia sanctions in line with EU measures (March 29, 2022). URL: https://sciencebusiness.net/news/uk-announces-russia-sanctions-line-eu-measures (accessed: 09/14/2023)). On March 14, 2022, the main sponsor of academic science – the British Institute for Research and Innovation (UK Research and Innovation/UKRI) – froze grant payments to scientists from Russia who participated in 50 international projects based on UK universities, in the amount of several tens of millions of pounds (Inge S. UKRI suspends grants for UK-Russian research projects (March 14, 2022). URL: https://www.researchprofessionalnews.com/rr-news-uk-research-councils-2022-3-ukri-suspends-grants-for-uk-russian-research-projects/?utm_medium=email&utm_source=FYI&dm_i=1ZJN,7S0Q5,E29D5V,VQ3QX, 1 (accessed: 09/14/2023)). Payments on current projects with Russian participation have been suspended pending an assessment of which of them benefit the "Russian regime". The projects for which grant payments have been suspended cover a variety of scientific fields, in particular research in the field of nuclear fusion, hydrology, animal genetics, planetary science, and the study of magnetic fields in ancient rocks. In this regard, these areas of scientific research have suffered in the UK, where cooperation with Russia is characterized by increased intensity. Later, more detailed proposals on the relevant projects followed. UKRI stressed that these actions will be taken to ensure the stabilization of projects and their continuation, as far as possible, through new mechanisms, while the affected personnel will receive full support. Let's pay attention to the fact that the revision of existing projects directly affected the official structures that finance research, and not universities. As in the case of Germany, the list of subjects of the introduction of anti-Russian scientific sanctions included universities that found themselves in a situation of having to develop their own position. The Minister of Higher Education, M. Donelan, asked universities that have not yet done so to "reconsider any financial or academic research ties with Russia... All universities should always carefully consider the issue of awarding honorary degrees, and we especially expect that those degrees that were awarded to Russians who fell under sanctions will be quickly withdrawn to demonstrate that we are united with Ukraine" (Tatalovich M. UK cuts R&D ties with Russia over Ukraine war (March 28, 2022). URL: https://www.researchprofessionalnews.com/rr-news-uk-politics-2022-3-uk-cuts-r-d-ties-with-russia-over-ukraine-war / (accessed: 09/21/2023)). In this context, it is important to note that the organization Universities UK International (hereinafter – UUKi), which unites 140 educational institutions, in its statement expressed solidarity with the decision of the British government to stop funding new joint projects with Russia. The Universities UK statement itself came after the Department of Business Strategy, Energy and Innovation announced sanctions against research and innovation in relation to Russia and support for Ukraine (Universities UK. Our latest statement on Ukraine (April 7, 2022). URL: https://www.universitiesuk.ac.uk/latest/news/our-latest-statement-ukraine (accessed: 11.09.2023)). This statement has become a kind of form of response to official measures. The result of the revision of the current and planned activities by British universities was the termination of official partnership relations with Russia, including with the Russian Forum of Rectors. In many ways, this is the result of following the decision The European Association of Universities, of which UUKi is a member, dated March 7, 2022, on the suspension of membership of 12 Russian universities after a well-known statement by the rectors of Russian universities about their support. UUKi also sent a letter to the President of the Russian Union of Rectors on March 7, 2020 with a request to suspend the Memorandum of Understanding between our respective organizations. At the same time, in the statement of UUKi, there is clearly a recommendation to the members of the organization not to declare a "total boycott" of cooperation with Russia. As an argument, the position was put forward that not all Russian scientists agree with the official foreign policy course of Russia. In addition, the thesis was put forward that scientific cooperation is aimed at solving global problems. Therefore, the complete termination of academic ties is impractical. According to V. Stern, the head of UUKi, such projects include joint research in the Arctic (Matthews D. UK announces Russia sanctions in line with EU measures (29 March 29, 2022). URL: https://sciencebusiness.net/news/uk-announces-russia-sanctions-line-eu-measures (accessed: 11.09.2023)). Thus, despite the imposed sanctions regime, the idea that in difficult geopolitical situations and global tensions it is especially important to maintain communication between scientists is clearly highlighted on the agenda of all those states that were initially extremely categorical in their actions. In particular, the heads of a number of Russian-British projects from UK universities have announced that they will cease formal cooperation with Russian scientists, but will maintain relations with them on a personal level. It is in this spirit that the statements of some individual universities in the UK follow. Thus, the leadership of the University of Warwick announced that it would review all relations with Russian government institutions with a view to terminating relations and contracts, where possible and appropriate, including student exchange. Such measures were a continuation of the previously pursued policy of curtailing relations with Russian universities. However, the country's largest research universities, such as Oxford and Cambridge Universities, initially did not express a clear position on breaking research ties (Matthews D. Europe divided on whether to isolate Russia scientifically (March 1, 2022). URL: https://sciencebusiness.net/news/europe-divided-whether-isolate-russia-scientifica (accessed: 11.09.2023)). However, then the universities of the British elite group Russell Group spoke out in a consolidated manner in favor of supporting government measures aimed at ending funding for research programs related to the Russian state and institutions cooperating with it, but without unfairly punishing individual students and scientists. It was stated that the Russell Group universities, which includes 24 major research universities, have reviewed any cooperation or other ties they may have had with Russia and are taking appropriate measures (Russell Group universities’ response to the invasion of Ukraine (April 1, 2022). URL: https://russellgroup.ac.uk/news/russell-group-universities-response-to-the-invasion-of-ukraine / (accessed: 09/21/2023)). The result of the revision is the unilateral suspension of the memoranda of understanding with Russian partner universities, in which ties are fixed at the institutional level. As in the case of the sanctions regime imposed by Germany, among the victims were, among others, British researchers involved in Russian-British projects. As D. Fludas, a researcher from Cambridge, who is also an associate professor at the I. Kant Baltic University in Kaliningrad, points out, the measures introduced upset the local scientific community and have a detrimental impact on both Russian and British science (Jack V. Degree of concern: after canceling Russia, academics weigh consequences global scientific progress could take hit from research sector's backlash against Russian projects (May 27, 2022).URL: https://www.politico.eu/article/ukraine-war-european-universities-academic-research / (accessed: 07.09.2023)). A similar position was expressed by a number of scientists from other universities in the UK, as well as from universities in other countries, such as the USA and Canada. Foreign colleagues emphasize that not all interactions with Russian scientists should be suspended. For example, joint research projects aimed at solving global problems should not be suspended, since solving global problems is a global task (28). However, this approach is expressed by scientists from various countries, which indicates the awareness of the need to preserve the elements of scientific diplomacy in the current very difficult geopolitical situation.
Conclusion
Summing up the results of the study, let's move on to the conclusions. Firstly, both in Germany and in the UK, the entities that introduce unilateral restrictive measures include government agencies, as well as universities and research centers. There is support for the government's sanctions policy from universities and research centers. In the conditions of academic freedoms, the latter develop their own sanctions policy, and not just implement the government's guidelines. Hence, the phenomenon of "layers", or subsystems, arises within the framework of sanctions regimes formed by both Germany and Great Britain. It should be noted that in Germany, the second layer, unlike the UK, is more susceptible to direct adherence to government recommendations. Secondly, both in Germany and in the UK, which are among Russia's most important partners in the scientific field, the common legal basis for suspending cooperation with Russia is the decisions of governments to impose economic and political sanctions. Thus, it can be argued that the initial legal framework is sufficiently politicized and is introduced into the sphere of bilateral scientific cooperation from the outside. The suspension of cooperation with Russia in the scientific field does not result from violations by our country of its legal obligations in the field of bilateral international scientific cooperation. There are no such violations on the part of Russia. Thirdly, as arguments in favor of breaking organizational and legal institutional ties at the level of governments, government structures and scientific institutions, there are references to Russia's violation of international law and "encroachment" on democratic values as the basis of cooperation. Axiological arguments should be considered as a manifestation of politicization of the profile of the scientific sanctions regime. Using the example of the analysis of the sanctions regime imposed by Germany and the United Kingdom, the following stages of the development of restrictive policy were illustrated: the initial announcement of the categorical severance of all research ties with Russia and the subsequent awareness by the scientific community of the extreme harmfulness of such measures for the development of world science. Fourth, given the heterogeneity of the reaction to the imposed restrictive regime in the countries initiating sanctions, we believe that, ultimately, in accordance with the principle of freedom of science, the final decisions, including the resumption of cooperation, will remain with the scientific community, part of which is still focused on cooperation and opposes discrimination and stigmatization of Russian scientists. In the measures taken by these States and their academic community, despite certain differences, there are similar features characteristic of scientific sanctions. These are measures aimed at suspending the implementation of joint projects, curtailing joint events and stopping academic exchange. Fifthly, the differences in the sanctions regimes imposed on Russian science by Germany and the United Kingdom lie in the different rates of their formation, as well as in the degree of commitment to a radical approach. In the case of the UK, we are talking about the possibility of maintaining institutional cooperation in the scientific field, designed to solve global problems. Sixth, modern sanctions regimes in the scientific sphere mean the decline of the former era of scientific diplomacy, which remained in demand when traditional diplomacy ceased to work. In this regard, it is extremely important today to use scientific contacts in order to preserve niches for international dialogue. However, these contacts are allowed mainly only in the field of informal scientific communication, i.e. at the level of personal contacts. But this is not enough for the functioning of scientific diplomacy. In addition, excessively politicized requirements are imposed on the preservation of personal contacts and the possibility of continuing cooperation with individual Russian scientists at the institutional level, contradicting both the principles of scientific diplomacy and the legal content of freedom of scientific research. The Western blockade in the research field, with all its costs, opens a new page in the history of Russian science. Nevertheless, the policy of "cancellation" has shown its unviability. Science is overwhelmingly a force for peaceful cooperation. A free and open academic discourse based on the values of freedom is of fundamental importance in order to benefit humanity and the whole world. The positive reaction of the Russian authorities to the sanctions regime is manifested in an attempt to adapt to the changed reality. For example, the requirements for publications in foreign journals indexed in the Web of Science and Scopus databases are being revised, criteria for evaluating scientific results are being processed, opportunities for building new international relations with other states are being analyzed, own domestic scientific projects and high-tech technologies are being developed, new scientific directions are being developed. References
1. Alexandrova, D.E. (2023). Unilateral sanctions in the context of modern international law. International law, 3, 21–29. doi: 10.25136/2644-5514.2023.3.38737
2. Kartskhia, A.A. (2022). Sanctions regime: legal aspect of public and private legal regulation. Monitoring of law enforcement, 2, 2–10. 3. Afontsev, S. (2022). The trap of the sanctions regime. In: Sanctions policy: goals, strategies, tools: a textbook. Ed. 2nd, revised and additional. Comp. by I.N. Timofeev, V.A. Morozov, Yu.S. Timofeeva. Moscow: Russian Council on International Affairs, 47–53 4. Lee, J., & Portela, C. (2020). Evaluating the success of international sanctions: a new research agenda. Revista CIDOB d’Afers Internationals, 125, 39–60. doi:doi.org/10.24241/rcai.2020.125.2.39/en 5. Urbanksi, K. (2020). The European Union and international sanctions. A Model of emerging actorhood. Cheltenham, Northampton: Edward Elgar Publishing. 6. Jentleson, B.W. (2022). Sanctions: what everyone needs to know. Oxford: Oxford University Press. 7. Timofeev, I.N. (2022). The policy of sanctions against Russia: a new stage. Journal of the New Economic Association, 3, 198–206. doi:10.31737/2221-2264-2022-55-3-11 8. Moiseienko, A. (2022). The future of EU sanctions against Russia: objectives, frozen assets, and humanitarian impact. Eucrim: the European Criminal Law Associations’ Forum, 2, 130–136. doi:10.30709/eucrim-2022-0080 9. Voinikov, V.V. (2022). Anti-Russian sanctions (restrictive measures): relationship with international law. Modern Europe, 6, 5–17. doi:10.31857/S0201708322060018 10. Bezuidenhout, L., Karrar, O., Lezaun, J., & Nobes, A. (2019) Correction: economic sanctions and academia: overlooked impact and long-term consequences. PLOS ONE, 14(11): e0225277. doi:10.1371/journal.pone.0222669 11. Butler, D. (2019). How US sanctions are crippling science in Iran. Nature, 574 (7776), 13–14. doi:10.1038/d41586-019-02795-y 12. Esmaeili, H., & Ataie-Ashtiani, B. (2021). The Autonomy of Science as a civilian casualty of economic warfare: inadvertent censorship of science resulting from unilateral economic sanctions. Science and Engineering Ethics, 27. Article number: 49. doi:https://doi.org/10.1007/s11948-021-00321-w 13. Macon, W.R. (2022). Academic boycotts of Russian science: where does the Journal of Hematopathology stand? Journal of Hematopathology, 15, 49. 14. Dezhina, I.G., Egerev, S.V. (2022). Movement towards autarky in Russian science through the prism of international cooperation. ECO. All-Russian Economic Journal, 1, 35–53. 15. Fomkin, F.S. (2022). Russian science during the period of sanctions. Respublica Literaria, 3, 106–117. doi:10.47850/RL.2022.3.3.106-117 16. Semenov, E.V. (2022). External coercion of Russian science into isolation: threat and possible response. Science Management: Theory and Practice, 2, 91–98. doi:10.19181/smtp.2022.4.2.10 17. Placket, B. (2022). The future of research collaborations involving Russia. Nature (March 18, 2022). doi:10.1038/d41586-022-00761-9. 18. Gaind, N., Else, H. (2022). Global research community condemns Russian invasion of Ukraine. Nature, 603(7900), 209–210. 19. Belov, V.B. (2005). Russia and Germany: scientific and technological cooperation. Modern Europe, 3, 65–78. 20. Zverev, A.V., & Derevyanchenko, A.A. (2011). Cooperation between Russia and Germany in the field of science, technology and technology. To the 90th anniversary of the trade mission of Russia in Germany. Financial analytics: problems of solution, 17, 18–22. 21. Hunter, Ph. (2022). Western science funders’ response to Russia’s invasion of Ukraine. EMBO Reports 23: e55160 (April 11, 2022). doi:10.15252/embr.202255160 22. Zernova, T.V. (2015). Russia and Germany: cooperation under sanctions. Innovations, 6, P. 3–6. 23. Belov, V.B. (2018). Current challenges for Russian-German relations. Modern Europe, 3, 125–132. doi:10.15211/soveurope32018125132 24. Belov, V.B. (2022). The new government of Germany and German-Russian relations. The Ukraine factor. Part 3. In: Scientific-analytical bulletin of the Institute of Europe of the Russian Academy of Sciences, 3, 70–82. doi:10.15211/vestnikieran320227082 25. Cramer, K.C. (2020). The role of European Big Science in the (geo)political challenges of the twentieth and twenty-first centuries. In: Big Science and Research Infrastructures in Europe / ed. by K.C. Cramer and O. Hallonsten. Cheltenham, Northampton: Edward Elgar, 56–75. 26. Cramer, K.C. (2020). A political history of Big Science: the other Europe. London: Palgrave Macmillan. 27. Timofeev, I.N. (2022). Britain's sanctions policy: institutional mechanisms and the Russian direction. Modern Europe, 4, 22–36. doi:10.31857/S0201708322040027 28. Fedoroff, N. [et al.] (2022). Let’s not abandon Russian scientists. Science, 376(6590), 256–267. doi:10.1126/science.abq1025
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The bibliography of the study is presented by 28 sources (monographs, scientific articles, analytical data), including in English. The nature and number of sources used in writing the article allowed the authors to reveal the research topic with the necessary depth and completeness. There is an appeal to opponents, both general and private (B. Stark-Watzinger, K. Ehler, M. Donelan, etc.). The scientific discussion is conducted correctly by the authors. The provisions of the article are sufficiently justified. There are conclusions based on the results of the study ("Firstly, in both Germany and the UK, the entities that impose unilateral restrictive measures include government agencies, as well as universities and research centers. There is support for the government's sanctions policy from universities and research centers. In the context of academic freedoms, the latter develop their own sanctions policy, and not just implement the government's guidelines. This gives rise to the phenomenon of "layers", or subsystems, within the framework of sanctions regimes formed by both Germany and the United Kingdom. It should be noted that in Germany, the second layer, unlike the UK, is more susceptible to direct adherence to government recommendations. Secondly, in both Germany and the United Kingdom, which are among Russia's most important partners in the scientific field, the general legal basis for suspending cooperation with Russia is the decisions of governments to impose economic and political sanctions. Thus, it can be argued that the initial legal framework is rather politicized and is introduced into the sphere of bilateral scientific cooperation from the outside. The suspension of cooperation with Russia in the scientific field does not result from violations by our country of its legal obligations in the field of bilateral international scientific cooperation. There are no such violations on the part of Russia", etc.), have the properties of reliability and validity, and deserve the attention of potential readers. The article needs additional proofreading - there are typos in it. The interest of the readership in the article submitted for review can be shown primarily by experts in the field of international law, provided that it is slightly improved: the elimination of violations in the design of the article. |