Updated: 10.05.2025
Public offer (author's agreement) for publication of materials in the magazine
Irkutsk “___”_________ 20__
Federal State Budgetary Institution "Irkutsk State Medical University" of the Ministry of Health of Russia of the Ministry of Health of the Russian Federation", hereinafter referred to as the "Publisher", represented by the editor-in-chief Igor Vladimirovich Malov, acting on the basis of Order of the Federal State Budgetary Educational Institution of Higher Education "Irkutsk State Medical University" of the Ministry of Health of Russia No. 02- 228 dated 06/07/2022, invites an indefinite number of persons to enter into this agreement (hereinafter referred to as the Agreement) on the publication of copyright materials in the scientific journal “Baikal Medical Journal” (Online)) on the conditions below. The text of this Agreement is posted on website of the journal “Baikal Medical Journal” at: https://www.bmjour.ru/jour/jour/about/privacyPolicy
Terms
1.1. This Agreement defines the relationship between the Publisher and the Author (or other copyright holder) who accepted the public proposal (offer) to conclude this Agreement.
1.2. This Agreement is a public offer, the full and unconditional acceptance of which is considered to be the sending by the Author of his Copyright materials to the Publisher.
1.3. Concepts used in the contract.
Author - an individual (team of authors) whose creative work created the Author's material.
Author's material is a work, scientific, scientific-practical, methodological material presented by the Author for publication in the journal.
Offer - this Agreement (an offer to the Author for the publication of copyright material). Acceptance of the Offer - full and unconditional acceptance of the Offer.
Journal - scientific journal "Baikal Medical Journal".
Publication - placement of the Author's material in the Journal.
Article - published Author's material.
The editorial office is the team that prepares and publishes the Journal.
Service - placement (publication) of Author's material in a magazine based on the Author's Application.
Subject of the agreement. Acceptance of offer.
1.1. The Author makes full and unconditional acceptance of the Offer by sending the publication to the website of the journal “Baikal Medical Journal” (https://www.bmjour.ru/jour).
1.2. From the moment this Agreement comes into force, the Author grants the Publisher a non-exclusive license to use the Article created by the Author.
The use of the Article means:
1.2.1. reproduction of the Article (publication, disclosure, duplication, replication or other reproduction of the Article) without limiting the number of copies. Moreover, each copy of the article must contain the name of the Author of the article;
1.2.2. distribution of the Article by any means;
1.2.3. making it available to the public, including via the Internet;
1.2.4. use of Article metadata by distributing and making available to the public, processing and systematizing, as well as inclusion in scientific electronic libraries, abstract databases and citation systems: eLIBRARY.ru, Web of Science, Scopus and others.
2.3 The conclusion of the Agreement on the part of the Author, that is, the complete and unconditional acceptance (Acceptance) by the Author of the terms of the Agreement, is the performance by the Author of any of the following actions:
2.3.3. implementation by the Author of the transfer of the Author's material and all necessary accompanying documents to the Publisher in person, via postal or electronic communication channels;
2.3.4. completion by the Author of the Author's material at the suggestion of the Editors and transfer to the Publisher of the revised Author's material for publication in the Publisher's Journal.
2.4. The conclusion of the Agreement on the part of the Publisher is the publication of the Author's material in the Journal in accordance with the terms of this Agreement in the presence of a positive result of the double-blind review and the removal of the reviewers' comments by the Author.
Terms of service
2.1. The Author provides Author's materials that meet the requirements of the Offer and are designed in accordance with the Guidelines for Authors posted on the Journal's website on the Internet (https://www.bmjour.ru/jour);
2.2. Rights are transferred by the Author to the Publisher free of charge, and publication does not entail any financial contributions to the Author.
2.3. The Author (Co-authors) retains the copyright to the Article and grants the Publisher the right of first publication of the Article.
Rights and obligations of the parties
3.1. The author guarantees:
3.1.1. that he is the actual copyright holder of the exclusive rights to the article; the rights granted to the Publisher under this Agreement have not been transferred previously and will not be transferred to third parties until the Article is published by the Publisher in the Journal;
3.1.2. that the Article contains all links to cited authors and/or publications (materials) provided for by current copyright legislation;
3.1.3. that the Author has received all necessary permissions for the results, facts and other borrowed materials used in the Article, the copyright holder of which the Author is not, and he has appropriate written permissions from the copyright owners;
3.1.4. that the Article does not contain materials that are not subject to publication in the open press in accordance with the current legislative acts of the Russian Federation, and its publication and distribution will not lead to the disclosure of secret (confidential) information (including state secrets);
3.1.5. that all co-authors are informed of the terms of the Agreement and agree to conclude this Agreement.
3.2. The author undertakes:
3.2.1. Provide materials in compliance with the requirements specified on the website https://www.bmjour.ru/jour and the requirements of the Offer.
3.2.2. Do not provide material that has been published in a volume of more than 50% in other printed and/or electronic publications, except for the publication of a preprint (manuscript) of the article.
Do not transfer the article to other publications without the consent of the Publisher and do not use for commercial purposes an electronic copy of the article prepared by the Publisher if it is transferred to the Author.
3.2.3. Comply with the following ethical principles:
- The author (or team of authors) bears primary responsibility for the novelty and accuracy of the data provided in the Article;
- If elements of the Article were previously published, the Author is obliged to refer to such publication and indicate the significant difference between the new Article and the previously published one;
- Borrowed fragments or statements must be formatted with the obligatory indication of the original source. Excessive borrowing, plagiarism in any
forms (unformatted quotes, paraphrases or appropriation of rights to the results of other people’s research) are unacceptable;
- co-authors of the Article must include all persons who made a significant contribution to the preparation and writing of the Article;
- The author is responsible for the accuracy of the information provided, the absence of data that is not subject to open publication, the accuracy and completeness of information on the cited literature;
- If the Author discovers significant errors or inaccuracies in the Article during the review stage or after publication, he must immediately notify the Publisher.
3.3. The author has the right:
3.3.1. transfer to third parties an electronic copy of the published Article provided to it by the Publisher in accordance with clause 4.5 of this Agreement, in whole or in part, for inclusion of the Article in databases and repositories of scientific information, as well as for the purpose of promoting academic or scientific research or for information and educational purposes, provided that links to the Author, Journal and Publisher;
3.3.2. use the material of the Article in the preparation of other scientific and scientific-methodological materials, provided that links to the Author, Journal and Publisher are provided;
3.3.3. Withdraw the Article at any time by notifying the Publisher. When an article that has already been published is retracted, it is Retracted.
3.3.4. The Author also grants the Publisher the right to store and process the following personal data without a time limit:
- Full Name;
- Date of Birth;
- information about education;
- information about the place of work and position held;
- information about the availability of published works of literature, science and art.
3.4. The publisher undertakes:
3.4.1. Publish copyright materials in accordance with the terms of this Agreement.
3.4.2. Provide the Author with the layout of copyright materials for approval and make reasonable corrections by the Author.
3.4.3. Comply with the rights of the Author provided for by current legislation, as well as protect them and take all necessary measures to prevent violation of copyright by third parties.
3.5. The publisher has the right:
3.5.1. Carry out technical and literary editing of the Article without changing its main content.
3.5.2. Review the Article and suggest the Author to make the necessary changes, until which the Article will not be published in the Journal.
3.5.3. For any subsequent authorized use by the Author (and/or other persons) of the Journal and/or Article (including any of its individual parts, fragments), require these persons to provide a link to the Journal, Publisher, Author or other copyright holders, title of the Article, the Journal number and year of publication indicated in the Journal.
3.5.4. Place preliminary and/or advertising information about the upcoming publication of the Article in the media and other information sources;
3.5.5. Establish rules (conditions) for accepting and publishing materials in the Journal. The Editorial Board of the Journal, headed by the Editor-in-Chief, has exclusive rights to select and/or reject materials sent to the Editorial Board of the Journal for the purpose of their publication. The Editorial Board of the Journal does not enter into correspondence regarding issues of rejection of the Article by the Editorial Board of the Journal;
3.5.6. Suspend the provision of services under the Agreement unilaterally out of court in the event of violation by the Author of the obligations assumed in accordance with the Offer.
3.5.7. Make a decision on revocation (Retraction) of a published work in the event of:
- obtaining evidence of the unreliability of the information presented in the Article, regardless of whether it is an honest mistake or a deliberate violation;
- presence of earlier duplicate publications;
- confirmation of plagiarism;
- concealment of conflicts of interest that may influence the interpretation of data;
- incorrect information about the authors, without which it is impossible to correctly index the article in databases;
- in case of confirmation of violations of ethics;
- failure by the Author to submit the article through his fault within the prescribed period or within the period established for finalizing the article;
- the Author’s refusal to revise the scientific article or make corrections to it.
3.5.8. Require the Author to provide any necessary information about the scientific article.
3.5.9. Post articles published in the Journal on the Journal’s website.
3.5.10. Post an electronic version of the article in the Scientific Electronic Library (eLIBRARY.ru) and other bibliographic databases.
The procedure for concluding the Agreement, changing its terms and termination
4.1. This agreement is posted on the Publisher’s website and is an offer (public offer) of the Publisher to an indefinite number of persons (Authors) to conclude this Agreement with full and unconditional acceptance of its terms (acceptance) by the Author (Authors). Acceptance of the Offer by the Author creates an Agreement concluded orally on the terms of the Offer.
4.2. All changes made by the Publisher to this Agreement come into force 10 (ten) business days after such changes are made and published on the Publisher’s website. If the Author disagrees with changes to the terms of this Agreement, the Author has the right to send the Publisher a written notice of refusal of this Agreement before the relevant changes come into force. In the absence of written notification from the Author before the amendments to the Agreement come into force, the changes are considered accepted by the Author, and the Agreement continues to be valid with the changes made.
4.3. The Author has the right to unilaterally refuse to fulfill this Agreement and withdraw the Article by sending the Publisher a corresponding notice in writing.
4.4. Termination of the Agreement for any reason does not relieve the Parties from liability for violations of the terms of the Agreement that arose during its validity.
4.5. This Agreement may be terminated early in the following cases:
- by agreement of the Parties at any time before the publication of the Author’s material in the Publisher’s Journal;
- at the initiative of one of the Parties in case of violation of the terms of the Agreement;
- on other grounds provided for by this Agreement or the current legislation of the Russian Federation.
- at the initiative of the Publisher, if the Author’s material does not meet the Publisher’s requirements set out in the Guide for Authors posted on the Journal’s website on the Internet (https://www.bmjour.ru/jour), and/or for other reasons cannot be published in the Publisher's Magazine. In this case, the Publisher sends a reasoned refusal to the author at the email address specified as the contact address;
- at the initiative of the Author, if after approval of the Author's material for publication in the Publisher's Journal, the material was not published within one year. In this case, the Author must provide the Publisher with written notice of cancellation of this agreement.
Responsibility of the parties
5.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with current legislation.
5.2. All information provided by the Author must be complete and reliable. When using false information received from the Author, the Publisher is not responsible for the negative consequences caused by the Author’s actions based on the false information provided.
5.3. The author bears full responsibility for compliance with the requirements of legislation on advertising, protection of copyright and related rights, protection of trademarks and service marks, and protection of consumer rights. In the event of claims being made against the Publisher related to violation of exclusive copyright and other intellectual property rights of third parties, the Author undertakes:
1) immediately, upon receiving information about a violation of the rights of third parties, take action
to resolve disputes with third parties;
2) compensate the Publisher for losses incurred by the Publisher in connection with the Author’s failure to comply with the guarantees provided by him under this Agreement.
5.4. The Publisher does not bear any responsibility under the Agreement for:
1) any actions that are a direct or indirect result of the actions of the Author;
2) any losses of the Author, regardless of whether the Publisher could have foreseen the possibility of such losses or not;
3) unauthorized use of data provided by the Author to third parties.
5.5. The parties are exempt from liability for violation of the terms of this Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of government authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the performance of the Parties to the Agreement.
Settlement of disputes
6.1. Disputes and disagreements will be resolved by the Parties through negotiations, and in case of failure to reach agreement, in accordance with current legislation.
6.2. If an agreement is not reached during negotiations, the interested party submits a claim in writing, signed by an authorized person. The claim must be sent by letter with acknowledgment of delivery or delivered to the other Party against receipt.
6.3. The claim must be accompanied by documents substantiating the demands made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim.
6.4. The Party to which the claim is sent is obliged to consider the received claim and notify the interested Party in writing about the results within 10 (ten) business days from the date of receipt of the claim.
6.5. If there are unresolved disagreements between the Parties, disputes are resolved in court at the location of the Publisher in accordance with current legislation.
Anti-corruption clause
7.1. In the performance of their obligations under this Agreement, the Parties, their affiliates, employees or intermediaries do not pay, offer to pay or authorize the payment of any money or property, directly or indirectly, to any person to influence the actions or decisions of these persons in order to obtain any undue advantage or other unlawful purposes. When fulfilling their obligations under this Agreement, the Parties, their affiliates, employees or intermediaries do not carry out actions qualified by the legislation applicable for the purposes of this Agreement, such as giving/receiving a bribe, commercial bribery, as well as actions that violate the requirements of applicable legislation and international acts on combating the legalization (laundering) of proceeds from crime.
7.2. If a Party suspects that a violation of any provisions of this article has occurred or may occur, the relevant Party undertakes to notify the other Party in writing. In a written notification, the Party is obliged to refer to facts or provide materials that reliably confirm or give reason to believe that a violation of any provisions of this article has occurred or may occur by the counterparty, its affiliates, employees or intermediaries, expressed in actions qualified by applicable law as giving or receiving a bribe, commercial bribery, as well as actions that violate the requirements of applicable legislation and international acts on combating the legalization of proceeds from crime. After written notification, the relevant Party has the right to suspend the performance of obligations under this Agreement until it receives confirmation that a violation has not occurred or will not occur. This confirmation must be sent within ten (10) business days from the date of written notice.
7.3. If one of the Parties violates the obligations to refrain from actions prohibited in this section and/or the other Party fails to receive confirmation within the period established by this Agreement that the violation has not occurred or will not occur, the other Party has the right to terminate this Agreement unilaterally by sending a written notice of termination. The party on whose initiative this Agreement was terminated in accordance with the provisions of this article has the right to demand compensation for actual damage resulting from such termination.
Other conditions
8.1. The Agreement comes into force from the moment the Offer is accepted by the Author and is valid without limitation of time or until the Publisher fulfills its obligations to provide services.
8.2. The Publisher reserves the right to amend the terms of the Offer or withdraw the Offer at any time at its sole discretion.
8.3. Any notifications, messages, requests, etc. (except for documents that must be sent in the form of original originals in accordance with the law) are considered received by the Author if they were transmitted (sent) by the Publisher through the Journal’s website (including by publication), by email specified in the Application and by other communication channels. The parties recognize the legal force of notifications, messages, requests, etc., transmitted (sent) in the specified ways.
8.4. If the Author is an individual, then during the period from the moment the Author's material is sent to the Publisher and until the termination of the obligations of the Parties under this Agreement, the Author agrees to the processing of personal data: last name, first name, patronymic, postal address with index, contact phone numbers, email addresses , information about places of work, etc. Processing of personal data refers to actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer to third parties, in accordance with clause 4.7), depersonalization ( for reviewing), blocking and destruction of personal data.
8.5. The Author has the right to withdraw consent to the processing of personal data by sending the Publisher a corresponding notification in cases provided for by law. Upon receipt of this notification, the Publisher has the right to suspend the provision of services.
8.6. In cases not provided for in this Agreement, the Parties are guided by the legislation of the Russian Federation.
