Legal And Ethical Aspects Of The Consequences Of Imposing The Disciplinary Sanctions Provided In Law No. 206/2004 On Fair Practices In Scientific Research, Technological Development And Innovation, With Later Completions And Amendments In The Context Of The Provisions In Art. 316 In The Law Of National Education No. 1/2011

The current paper contains a brief analysis of art. 316 provided in The National Education Law no. 1/2011 in conjunction with the penalties stated in Law no. 206/2004 regarding fair practices in scientific research, technological development and innovation, with additions and amendments, as well as The National Education Law n o. 1/2011. The interesting aspect of this article of the law that completes common law (art. 248 (3) in the Labour Code) is that it establishes the possibility of lifting and cancelling the disciplinary sanctions within a year since being imposed by the competent authority.In the academic world, the issue of fair practice in scientific research is one of honour and it provides each member of the scientific community with a dignified and respected career. The infringement of the provisions in Law no. 204/2004 on conduct in scientific research, technological development and innovation, with additions and amendments, leads to imposing sanctions which adversely affect the researcher’s reputation. In our paper we analyse the applicable sanctions, the actual meaning of the phrase „improvement of the activity and conduct” of the sanctioned person in the context of fair practices in scientific research and, in our conclusions, we attempt at finding the requirements that have to be met in order to eliminate the negative ethical consequences, redeem the good name and regain the right to a honorary career.