V. M. Koretsky Institute of state and law NASU

Research activities

The main areas of the institute's scientific research activity

 BASIC PRINCIPLES of the organization

 and activities of the scientific institution of the National Academy of Sciences of Ukraine

The Basic Principles of the Organization and Activities of the Scientific Institution of the National Academy of Sciences of Ukraine (hereinafter referred to as the Basic Principles) were developed on the basis of the Law of Ukraine «On Scientific and Scientific-Technical Activities», other legislative acts, in accordance with clause 3.8 and subparagraph 7.15.8 of paragraph 7.15 of the Statute of the National Academy of Sciences of Ukraine and determine the main legal, organizational and financial principles of the activities of the scientific institution of the National Academy of Sciences of Ukraine.
 1. General provisions
1.1. A scientific institution (a scientific research institute and another scientific institution — an observatory, a botanical garden, an arboretum, a reserve, a library, a museum, a scientific and technical (technological) complex, etc.) under the jurisdiction of the NAS of Ukraine (hereinafter referred to as the scientific institution of the NAS of Ukraine) is a state scientific institution based on state property.

1.2. A scientific institution of the NAS of Ukraine operates in accordance with the Constitution of Ukraine, the Law of Ukraine «On Scientific and Scientific and Technical Activity» and other legislative acts, the Statute of the National Academy of Sciences of Ukraine, these Basic Principles and its own statute.

1.3. A scientific institution of the NAS of Ukraine is established, reorganized and liquidated by decision of the Presidium of the NAS of Ukraine.

Scientific institutions of dual subordination are established by a joint decision of the National Academy of Sciences of Ukraine and the central executive body of Ukraine, which ensures the formation and implementation of state policy in the field of scientific and scientific and technical activity, another central executive body.

1.4. A scientific institution of the NAS of Ukraine is a legal entity, has an independent balance sheet, a round seal with its name, other necessary seals and stamps, accounts in national and foreign currency, opened in accordance with the legislation of Ukraine, and may also have a trademark, which is registered in the established manner, an emblem, maintains records and accounting in accordance with the legislation of Ukraine.

A scientific institution of the NAS of Ukraine has the right to conclude agreements, acquire property and non-property rights, bear responsibility, be a plaintiff and a defendant in court in accordance with the legislation.

1.5. A scientific institution of the NAS of Ukraine operates on the basis of a charter, which is approved by the Presidium of the NAS of Ukraine.

The statute (regulations) of a scientific institution of dual subordination shall be approved by the Presidium of the NAS of Ukraine and the relevant central executive body.

The statute of a scientific institution of the NAS of Ukraine and amendments thereto shall be developed by the directorate of the scientific institution and, after discussion among the scientific staff, shall be considered by the scientific council of the scientific institution.

The statute of a scientific institution of the NAS of Ukraine shall contain: full and abbreviated name in the state and English languages; date of adoption and number of the decision on establishment; location; legal status; purpose of establishment and main tasks; general structure; procedure for management and powers of management bodies; sources of income and procedure for use of funds and property; powers of the staff of the scientific institution; procedure for reporting and control over the implementation of financial and economic activities; procedure for amending the statute; procedure for termination.

The statute of a scientific institution of the NAS of Ukraine may contain other provisions relating to the features of its establishment and activities.

1.6. A scientific institution of the NAS of Ukraine may have the status of a non-profit organization.

1.7. A scientific institution of the NAS of Ukraine is created and operates with the aim of conducting scientific research aimed at obtaining and using new knowledge in relevant branches of science, bringing scientific and scientific and technical knowledge to the stage of practical use, training highly qualified scientific personnel, meeting social, economic and cultural needs and innovative development of the country.

For a scientific institution of the NAS of Ukraine, scientific and (or) scientific and technical activity is the main one.

1.8. A scientific institution of the NAS of Ukraine is part of a department of the NAS of Ukraine or is directly subordinate to the Presidium of the NAS of Ukraine. The affiliation of a scientific institution of the NAS of Ukraine to the relevant department of the NAS of Ukraine, the transfer of a scientific institution of the NAS of Ukraine from one department of the NAS of Ukraine to another, as well as its direct subordination to the Presidium of the NAS of Ukraine is determined by the Presidium of the NAS of Ukraine upon submission (petition) of the Academic Council of the scientific institution of the NAS of Ukraine and in agreement with the relevant department (departments) of the NAS of Ukraine.

1.9. A scientific institution of the NAS of Ukraine is subject to mandatory state certification in accordance with the procedure established by law and assessment of the effectiveness of its activities according to the methodology approved by the Presidium of the NAS of Ukraine.

1.10. A scientific institution of the NAS of Ukraine shall annually report on its scientific and scientific-organizational activities to the relevant department or, if necessary, to the Presidium of the NAS of Ukraine. 

1.11. In order to independently assess the results of scientific (scientific-technical, scientific-pedagogical, scientific-organizational) activities of a scientific institution of the NAS of Ukraine, a supervisory board may be established at it by decision of the Presidium of the NAS of Ukraine.

 2. Main tasks of the scientific institution of the NAS of Ukraine

2.1. The main tasks of the scientific institution of the NAS of Ukraine are:

2.1.1. Conducting fundamental and applied scientific research in relevant areas of science and technology in order to obtain new scientific knowledge and use it for practical purposes.

2.1.2. Conducting scientific and technical (experimental) developments based on scientific knowledge obtained as a result of scientific research or practical experience, in order to bring such knowledge to the stage of practical use.

2.1.3. Providing scientific and technical services.

2.1.4. Conducting scientific and scientific and technical expertise.

2.1.5. Training highly qualified scientific personnel through master's, postgraduate, and doctoral studies.

2.1.6. Ensuring high quality of scientific research and scientific and technical (experimental) developments, systematic accumulation and generalization of scientific results, creation of conditions for realization of creative possibilities of scientific collective and social protection of employees.

2.1.7. Preservation and development of scientific infrastructure.

2.1.8. Informing the general public about the results of its activities.

2.2. Scientific institution of NAS of Ukraine in accordance with the main tasks:

2.2.1. Develops with wide participation of scientific collective the main scientific directions of activity of scientific institution of NAS of Ukraine and submits them for approval to Presidium of NAS of Ukraine. When determining scientific topics, decisions of the General Meeting, Presidium, relevant department of NAS of Ukraine are taken into account.

2.2.2. Organizes and conducts scientific research, research and design, design and construction, technological, search and design and search work in accordance with the approved main scientific areas of activity and current (annual) plans for scientific research and scientific and technical (experimental) developments.

2.2.3. Studies, analyzes and summarizes the achievements of world science in the relevant area and determines the possibilities of their use in all spheres of public life, participates in the development and implementation of international programs and projects.

2.2.4. Develops forecasts and conducts scientific expertise in relevant areas of science and technology.

2.2.5. On behalf of the management bodies and officials of the NAS of Ukraine, in accordance with their competence or on its own initiative, develops forecasts, information and analytical materials, proposals, recommendations on certain issues of the development of the state and society, carries out scientific and scientific and technical expertise in accordance with agreements concluded with individuals and legal entities in accordance with the procedure established by law.

2.2.6. Participates in competitions of scientific projects, scientific and technical developments and competitions for grants, including international competitions, and ensures the implementation of relevant works and events based on the results of the competitions.

2.2.7. Holds conferences, meetings, symposiums, exhibitions, scientific schools, including international ones.

2.2.8. Carries out publishing activities of a scientific, educational and educational nature, acts as the founder of printed media, scientific publishing houses, scientific journals and scientific publications in accordance with the established procedure.

2.2.9. Has (creates) its own official website, ensures the placement of information on the main scientific areas, structure and results of the activities of the scientific institution of the NAS of Ukraine, regularly updates the specified information, and also promotes the coverage in the mass media and social networks of significant achievements and important events in the life of the scientific institution of the NAS of Ukraine and other scientific materials of public interest.

2.2.10. Holds competitions for filling vacant positions of scientists, certifies employees of the scientific institution of the NAS of Ukraine.

2.2.11. Forms, in accordance with the procedure established by the legislation of Ukraine, specialized academic councils for the defense of dissertations in specialties in accordance with the main scientific areas of the activities of the scientific institution of the NAS of Ukraine.

2.2.12. Establishes, in accordance with the procedure established by the legislation, institutions of higher education for the training of specialists at various qualification levels, in particular master's and doctor of philosophy.

2.2.13. Carries out educational activities in the field of higher education, provides educational services by training specialists at various qualification levels in accordance with the Law of Ukraine «On Higher Education», in particular through master's, postgraduate and doctoral studies, takes measures to improve the qualifications of scientists, promotes the development of the scientific component in the field of education and the involvement of talented youth in scientific activity.

2.2.14. Carries out training in postgraduate education programs in accordance with the established procedure for the purpose of retraining scientists and specialists, and also creates specialized departments for the training of specialists at the qualification level of master's and (or) doctor of philosophy together with universities and other higher education institutions. 

2.2.15. In accordance with the agreement concluded with another scientific institution or higher education institution, places structural units (laboratories) that conduct scientific and scientific and technical activities on the basis of this scientific institution or such higher education institution in accordance with educational programs and topics of scientific research.

2.2.16. Develops the structure and staffing within the available funds and approves it in accordance with the procedure established by the HAH of Ukraine.

2.2.17. Concludes agreements and contracts on scientific and scientific and technical cooperation with organizations and legal entities, including foreign and international ones, participates in the implementation of international scientific and scientific and technical programs and projects in accordance with the procedure established by law.

2.2.18. Participates in the activities of scientific societies, associations, unions and unions, in particular foreign and international ones, as their members, conducts other forms of joint activities in accordance with the legislation of Ukraine.

Upon agreement with the HAH of Ukraine, it may enter into associations of legal entities in order to fulfill its statutory tasks while maintaining the status of a legal entity and financial independence.

2.2.19. Acts as a founder and co-founder of business companies and participates in the formation of the authorized capital of such business companies exclusively by contributing intellectual property rights to it, the exclusive property rights to which are retained by the scientific institution HAH of Ukraine.

2.2.20. Conducts construction, reconstruction, as well as major repairs of its fixed assets, objects of scientific, residential and other social purpose.

2.2.21. Provides paid services according to the list specified by the legislation for budgetary scientific institutions, and in accordance with the statute of the scientific institution HAH of Ukraine.

2.2.22. Processes personal data in accordance with the Law of Ukraine «On Personal Data Protection».

2.3. The scientific institution HAH of Ukraine has the right to conclude property lease agreements, in particular real estate, which is recorded on its balance sheet, as well as property sale agreements in accordance with the procedure established by the HAH of Ukraine.

2.4. All types of activities that, according to the legislation, require special permits or licenses, are carried out by the scientific institution HAH of Ukraine only after receiving them.

 3. Structure of the scientific institution of the HAH of Ukraine

3.1. The structure of the scientific institution of the HAH of Ukraine and changes to it are developed by the Directorate, considered by the Academic Council and approved by the relevant department of the HAH of Ukraine, and for the scientific institution of the HAH of Ukraine, which is directly subordinate to the Presidium of the HAH of Ukraine, the Presidium of the HAH of Ukraine.

The main structural unit of the scientific institution is a scientific division, the main task of which is the implementation of scientific, scientific-technical or scientific-organizational activities, in the staff of which the positions of scientific workers make up at least 50 percent.

The structure of a scientific institution of the NAS of Ukraine may include an institute, a research unit, a department, a division, a complex, a center, a department, a laboratory, a section, a sector, a bureau, a group, a branch, a research station, a research field, a botanical garden, an arboretum, a park-monument of garden and park art, an observatory, a scientific (scientific and technical) library, a scientific (scientific and technical) museum, etc.

The structure of the scientific institutions of the NAS of Ukraine of a medical direction may include clinics, medical and diagnostic units.

Temporary scientific (creative) teams may be formed to solve individual tasks.

The structural units of the scientific institution of the NAS of Ukraine are also administrative and scientific and auxiliary units and services.

3.2. A scientific institution of the NAS of Ukraine may establish branches and scientific departments as separate subdivisions of a scientific institution of the NAS of Ukraine, design, technological and project bureaus, research productions, social units, as well as other separate units without the rights of a legal entity, operating under the provisions approved by order of the head after approval by the academic council of the scientific institution of the NAS of Ukraine.

3.3. For the direct introduction into production and/or practical use at enterprises and institutions of scientific and technical results (results) at scientific institutions of the NAS of Ukraine, production-oriented scientific institutions of the NAS of Ukraine, enterprises and organizations with the rights of a legal entity, which are established by decision of the Presidium of the NAS of Ukraine and operate on the basis of the charter, which is approved and registered in the manner established by the NAS of Ukraine.

3.4. In order to provide access to unique equipment for conducting scientific research and scientific and technical (experimental) developments by domestic and foreign scientists, by decision of the Presidium of the NAS of Ukraine, centers for collective use of scientific equipment may be established in the form of a structural unit of a scientific institution of the NAS of Ukraine. 

3.5. In order to support and develop fundamental research at the world level, new promising interdisciplinary areas of scientific research and scientific and technical developments, coordination of joint activities and effective use of financial, material, technical and personnel resources in a specific scientific area, a scientific group of a scientific institution of the NAS of Ukraine may be part of a state key laboratory as an association of scientific groups of scientific institutions and universities, other institutions of higher education, on the basis of an agreement on joint scientific activities in the manner prescribed by law.

 4. Management of a scientific institution of the NAS of Ukraine

4.1. Management of a scientific institution of the NAS of Ukraine is carried out on the basis and in accordance with the procedure established by the Law of Ukraine «On Scientific and Scientific-Technical Activities», the Statute of the NAS of Ukraine, these Basic Principles and the Statute of the scientific institution of the NAS of Ukraine.

4.2. A scientific institution of the NAS of Ukraine is headed by a head who is elected, appointed and dismissed from office and acts in accordance with the legislation and the statute of the scientific institution of the NAS of Ukraine.

4.3. The head of a scientific institution of the NAS of Ukraine is elected by secret ballot at a meeting of the collective of scientific workers of this scientific institution for a term of up to five years within the term specified by the statute (regulations) of the scientific institution of the NAS of Ukraine, with the right to be re-elected and is appointed to the position by the Presidium of the NAS of Ukraine, and the head of a scientific institution of dual subordination — by a joint decision of the Presidium of the NAS of Ukraine and the relevant central executive body.

The same person cannot be the head of a relevant scientific institution of the NAS of Ukraine for more than two terms.

4.4. A candidate for the position of head of a scientific institution of the NAS of Ukraine must be fluent in the state language, have a scientific degree of Doctor of Sciences or Candidate of Sciences (Doctor of Philosophy) and have at least 10 years of experience as a researcher and (or) a scientific and pedagogical worker. The Presidium of the NAS of Ukraine or the relevant department of the NAS of Ukraine may establish additional qualification and other requirements for a candidate for the position of head of a scientific institution of the NAS of Ukraine, which arise from the specifics of the activities of this institution.

A person cannot be elected or appointed to the position of head (including acting head) of a scientific institution of the NAS of Ukraine who:

1) has been declared incompetent by a court decision or whose legal capacity is limited;

2) has a criminal record for committing a criminal offense, if such a criminal record has not been extinguished or removed in accordance with the procedure established by law;

3) is deprived of the right to hold relevant positions by a court verdict;

4) is found guilty of a corruption offense by a court verdict — within a year from the date of entry into force of the relevant court verdict;

5) has been subject to administrative punishment for an offense related to corruption - within a year from the date of entry into force of the relevant court verdict.

4.5. A competition for the position of head of a scientific institution of the Ukrainian Academy of Sciences is announced by the Presidium of the Ukrainian Academy of Sciences (for a scientific institution of dual subordination, jointly by the Presidium of the Ukrainian Academy of Sciences and the relevant central executive body) no later than two months before the expiration of the contract of the person holding this position. In the event of early termination of the powers of the head of a scientific institution of the Ukrainian Academy of Sciences, the Presidium of the NAS of Ukraine announces a competition within a week from the date of the vacancy, appointing an acting head of this scientific institution for a period of no more than six months.

The Academic Council and the teams of the scientific departments of the scientific institution of the HAH of Ukraine, among other bodies and persons specified in the Statute of the HAH of Ukraine, have the right to nominate candidates for the position of the head of the scientific institution of the HAH of Ukraine. Proposals for candidates for the position of the head of the scientific institution of the HAH of Ukraine are accepted by the Presidium of the HAH of Ukraine or the relevant department of the HAH of Ukraine within two months from the date of announcement of the competition for the position of the head of the scientific institution of the HAH of Ukraine. The candidacies of the candidates who meet the established requirements are submitted for consideration by the meeting of the scientific staff of the scientific institution of the HAH of Ukraine within 20 calendar days from the date of expiry of the deadline for submitting documents for filling the vacant position.

4.6. Candidates for the position of the head of the scientific institution of the HAH of Ukraine are considered at the meeting of the scientific staff of this institution. Each member of the meeting of the scientific staff may vote for only one candidate or not support any of the candidates.

The elections are considered to have taken place if at least two-thirds of the actual number of full-time scientists of this scientific institution of the Ukrainian Academy of Sciences participated in the meeting of the scientific staff.

4.7. The decisions of the meeting of the scientific staff of the Ukrainian Academy of Sciences of Ukraine on the election of the head of this institution are considered by the general meeting of the relevant department of the Ukrainian Academy of Sciences of Ukraine, which recommend to the Presidium of the Ukrainian Academy of Sciences of Ukraine:

– appoint to the position of the head of the Ukrainian Academy of Sciences of Ukraine a candidate who has received at least two-thirds of the votes of the scientists present at the meeting of the scientific staff of this scientific institution of the Ukrainian Academy of Sciences of Ukraine;

– appoint to the position of the head of the Ukrainian Academy of Sciences of Ukraine a candidate who has received more than 50 percent, but less than two-thirds of the votes of the scientists who have participated in the meeting of the scientific staff of this scientific institution, or, in the presence of motivated objections, announce a new competition, appointing an acting head of this scientific institution for a period of no more than six months.

4.8. If none of the candidates for the position of head of a scientific institution of the NAS of Ukraine received more than 50 percent of the votes of scientists who participated in the meeting of the scientific staff of this scientific institution in the first round, a second round of voting is held.

Two candidates who received the largest number of votes in the first round are allowed to participate in the second round.

Elections are considered to have taken place if at least two-thirds of the actual number of full-time scientists of this scientific institution of the NAS of Ukraine participated in the meeting of the scientific staff.

The decisions of the meeting of the scientific staff of the scientific institution of the NAS of Ukraine on the election of the head of this institution in the second round are considered by the general meeting of the relevant department of the NAS of Ukraine, which recommend to the Presidium of the NAS of Ukraine:

– to appoint to the position of head of a scientific institution of the NAS of Ukraine a candidate who received at least two-thirds of the votes of scientists present at the meeting of the scientific staff of this scientific institution in the second round;

– appoint to the position of the head of a scientific institution of the NAS of Ukraine a candidate who in the second round received more than 50 percent, but less than two-thirds of the votes of scientists who participated in the meeting of the scientific staff of this scientific institution, or in the presence of motivated objections, announce a new competition, appointing an acting head of this scientific institution for a period of no more than six months.

For a scientific institution of the NAS of Ukraine that is directly subordinate to the Presidium of the NAS of Ukraine, consideration of decisions of meetings of the scientific staff provided for in paragraphs 4.7 and 4.8 of these Basic Principles is carried out directly by the Presidium of the NAS of Ukraine.

4.9. The head of a scientific institution of the NAS of Ukraine is appointed to the position by the Presidium of the NAS of Ukraine (for a scientific institution of dual subordination by a joint decision of the Presidium of the NAS of Ukraine and the relevant central executive body) upon the recommendation of the general meeting of the relevant NAS of Ukraine department.

If there are motivated objections from the general meeting of the relevant department of the NAS of Ukraine, the Presidium of the NAS of Ukraine (for a scientific institution of dual subordination together with the relevant central executive body) announces a new competition and appoints an acting head of the scientific institution of the NAS of Ukraine for a period of no more than six months.

If one candidate participated in the first round of elections and did not receive more than 50 percent of the votes of the scientific workers who participated in the meeting of the scientific workers of this scientific institution, or if in the second round of elections none of the candidates received more than 50 percent of the votes of the scientific workers who participated in the meeting of the scientific workers of this scientific institution, or if less than two-thirds of the actual number of full-time scientific workers of the scientific institution of the NAS of Ukraine participated in the meeting of the scientific workers, the elections are considered not to have taken place, and the Presidium of the NAS of Ukraine announces a new competition, appointing an acting head of the scientific institution of the NAS of Ukraine for a period of no more than six months.

4.10. A contract with the elected head of the scientific institution of the NAS of Ukraine is concluded by the National Academy of Sciences of Ukraine in accordance with the established procedure within one month from the date of election for a period determined by the statute (regulation) of this scientific institution, but not more than five years.

4.11. The head of a scientific institution of the NAS of Ukraine may be dismissed from office by the Presidium of the NAS of Ukraine on the grounds specified in the labor legislation, as well as due to violation of the terms of the contract. The head of a scientific institution of the NAS of Ukraine may also be dismissed from office in connection with the adoption of a decision on his recall by the meeting of the collective of scientific workers of this scientific institution. The grounds for 

the recall of the head of a scientific institution are determined by the labor legislation and the statute (regulation) of this scientific institution.

A proposal to recall the head of a scientific institution of the NAS of Ukraine may be submitted for consideration by the meeting of the collective of scientific workers of this scientific institution by no less than half of the statutory composition of the supervisory or scientific (scientific, scientific-technical, technical) council of the institution.

4.12. The acting head of a newly established scientific institution of the NAS of Ukraine is appointed by the Presidium of the NAS of Ukraine for a term of no more than six months.

4.13. The head of a higher education institution under the jurisdiction of the NAS of Ukraine shall replace the position in accordance with the procedure established by the Law of Ukraine «On Higher Education».

4.14. The head of a scientific institution of the NAS of Ukraine, within the limits of the powers granted to him, organizes the activities of the scientific institution of the NAS of Ukraine.

4.15. The head of a scientific institution of the NAS of Ukraine is responsible to the NAS of Ukraine for the fulfillment of duties stipulated by the legislation, the charter of the scientific institution of the NAS of Ukraine, as well as the contract.

4.16. The head of a scientific institution of the NAS of Ukraine has the right:

1) to dispose of property and funds within the limits and in the manner stipulated by the contract, the charter of the scientific institution of the NAS of Ukraine and the legislation;

2) represent the scientific institution of the NAS of Ukraine in state authorities and local self-government bodies, institutions, organizations, enterprises regardless of the form of ownership without a separate authorization;

3) open accounts on behalf of the scientific institution of the NAS of Ukraine in banks and in bodies of the central executive body that implements state policy in the field of treasury services of budget funds in the manner established by law;

4) conclude contracts on behalf of the scientific institution of the NAS of Ukraine in accordance with the law;

5) hire and dismiss employees of the scientific institution of the NAS of Ukraine, determine their job responsibilities, apply incentive and penalty measures to them;

6) award employees in accordance with the regulations of the scientific institution of the NAS of Ukraine on awarding and carry out other types of incentives for the work of employees of the scientific institution of the NAS of Ukraine;

7) check the quality of work of employees of the scientific institution HAH of Ukraine and activities aimed at methodological, organizational support and coordination of scientific, scientific and technical activities;

8) appoint the relevant part of the composition of the scientific (scientific, scientific and technical, technical) council of the scientific institution HAH of Ukraine;

9) delegate, in accordance with the charter of the scientific institution HAH of Ukraine, part of their powers to their deputies and heads of structural divisions of the scientific institution HAH of Ukraine;

10) issue orders, instructions and powers of attorney within their powers;

11) resolve issues of financial and economic activities of the scientific institution HAH of Ukraine.

4.17. The head of the scientific institution HAH of Ukraine is obliged to ensure:

1) the implementation of activities by the scientific institution in accordance with the statutory tasks;

2) highly effective scientific, scientific and technical and innovative activities of the scientific institution HAH of Ukraine, in particular the implementation of the results of its scientific research, international scientific and scientific and technical cooperation;

3) training of highly qualified scientific personnel in master's, postgraduate and doctoral studies;

4) training and retraining, advanced training of employees of the scientific institution HAH of Ukraine;

5) fulfillment of state orders and other contractual obligations by the scientific institution HAH of Ukraine;

6) compliance by the scientific institution HAH of Ukraine with the licensing conditions and accreditation conditions of the educational and scientific program;

7) obtaining competitive scientific and scientific and applied results;

8) protection of intellectual property rights to the results of scientific and scientific and technical activities obtained at the expense of the state budget;

9) application of new scientific, scientific and technical knowledge during the training of highly qualified personnel;

10) stable financial and economic situation of the scientific institution of the National Academy of Sciences of Ukraine and effective use of property assigned to the scientific institution of the National Academy of Sciences of Ukraine, compliance with the requirements of the legislation when providing the specified property for use to other persons;

11) submission to the National Academy of Sciences of Ukraine in accordance with the established procedure of reporting on the use of property assigned to the scientific institution of the National Academy of Sciences of Ukraine, in particular property provided for use to other persons;

12) compliance with the terms of the charter of the scientific institution of the National Academy of Sciences of Ukraine and the collective agreement;

13) protection of information in accordance with the legislation;

14) compliance by the scientific institution of the National Academy of Sciences of Ukraine with the requirements of the legislation, ensuring the timely fulfillment of the requirements of regulatory bodies in the field of economic activity, as well as the requirements of the National Academy of Sciences of Ukraine;

15) taking measures to improve the management of the scientific institution of the NAS of Ukraine, strengthening financial, economic, and labor discipline;

16) creating appropriate working conditions in accordance with the requirements of the legislation, observing the rights of employees in accordance with labor legislation;

17) timeliness of settlements with legal entities and individuals;

18) targeted and effective use of state budget funds;

19) timely and full fulfillment by the scientific institution of the NAS of Ukraine of its obligations to the state budget and state social funds;

20) fulfillment of the estimate of income and expenses of the scientific institution of the NAS of Ukraine, preventing the emergence of arrears in wages, for consumed energy supply services and utilities;

21) maintaining accounting records and preparing financial, budgetary, and statistical reports in accordance with current legislation;

22) taking measures within its powers to prevent manifestations of corruption and corruption-related offenses in the scientific institution of the NAS of Ukraine;

23) informing the general public about the activities of the scientific institution of the NAS of Ukraine.

4.18. The head of a scientific institution of the NAS of Ukraine resolves other issues that, in accordance with the legislation, the statute of the scientific institution of the NAS of Ukraine and the contract, fall within his competence.

4.19. The head of a scientific institution of the NAS of Ukraine annually reports to the collective of scientific workers of the scientific institution of the NAS of Ukraine on his activities.

4.20. The Scientific (scientific, scientific-technical, technical) Council of the scientific institution of the NAS of Ukraine (hereinafter referred to as the Scientific Council) is a collegial body for managing the scientific and scientific-technical activities of the scientific institution of the NAS of Ukraine in terms of the exclusive powers defined in clause 4.22 of these Basic Principles, and performs advisory and consultative functions on other issues of scientific and scientific-technical activities of the scientific institution of the NAS of Ukraine.

4.21. The quantitative composition of the members of the Scientific Council of the scientific institution of the NAS of Ukraine is determined by the statute (regulation) of the scientific institution of the NAS of Ukraine. At least three-quarters of the members of the Academic Council are elected for the term of office of the head of the scientific institution of the NAS of Ukraine by secret ballot of the meeting of scientific workers, the rest are appointed by order of the head of this scientific institution.

For a scientific institution of the NAS of Ukraine with more than 500 employees or with separate departments, branches, other structural units, upon the proposal of the head of the scientific institution of the NAS of Ukraine, a special procedure for electing the members of the Academic Council of the scientific institution of the NAS of Ukraine may be determined and provided for in the charter of the scientific institution by decision of the Presidium of the NAS of Ukraine.

The head of the scientific institution of the NAS of Ukraine, his deputy for scientific work, and the scientific secretary of the scientific institution of the NAS of Ukraine are members of the Academic Council of the scientific institution of the NAS of Ukraine ex officio.

The chairman, his deputies, and the scientific secretary of the Academic Council of the scientific institution of the NAS of Ukraine are elected by secret ballot from among its members.

The Academic Council of a scientific institution of the NAS of Ukraine shall include all members of the National Academy of Sciences of Ukraine (academicians and corresponding members of the National Academy of Sciences of Ukraine) working in this scientific institution. Leading scientists and specialists who do not work in this scientific institution may be elected to the Academic Council (or invited and appointed by order of the head of the scientific institution of the NAS of Ukraine).

The Academic Council of a scientific institution of the NAS of Ukraine shall also include the chairman of the council of young scientists or other association of young scientists (representative of young scientists) of the scientific institution of the NAS of Ukraine and the head of the primary trade union organization (trade union representative) of the scientific institution of the NAS of Ukraine.

4.22. The exclusive powers of the Academic Council of a scientific institution of the NAS of Ukraine include issues regarding:

1) determining the development strategy of the scientific institution of the NAS of Ukraine and promising areas of scientific and scientific-technical activity;

2) conducting a scientific and scientific-technical assessment of the topics and results of scientific research;

3) approving current (annual) plans for scientific research and scientific-technical (experimental) developments;

4) improving and developing the structure of the scientific institution of the NAS of Ukraine;

5) approving the topics of dissertations of candidates for the degree of Doctor of Philosophy at the third (educational and scientific) level of higher education or the scientific degree of Doctor of Sciences and appointing scientific supervisors or consultants;

6) approving the results of the certification of scientists, postgraduate students, doctoral students, applicants;

7) approving the results of the competition for vacant positions of scientists;

8) nominating outstanding scientific works for awards, medals and other types of distinctions, including international ones;

9) awarding employees of the scientific institution of the NAS of Ukraine the academic titles of professor and senior researcher and submitting relevant decisions for approval to the certification board of the central executive body that ensures the formation and implementation of state policy in the field of scientific and scientific and technical activity, initiating petitions for the award of honorary titles;

10) approving annual reports on the activities of the scientific institution of the NAS of Ukraine and considering the estimates of the scientific institution;

11) adopting a decision on placing its own revenues in the territorial bodies of the central executive body that implements state policy in the field of treasury services of budget funds, or in public sector banking institutions in accordance with the procedure established by law;

12) approval of the list of professions and positions of the scientific institution of the NAS of Ukraine, for which flexible working hours and remote work may be applied.

 4.23. The Academic Council of a scientific institution of the NAS of Ukraine discusses the main scientific areas of the scientific institution's activity and recommends them for consideration by the relevant department of the NAS of Ukraine and approval by the Presidium of the NAS of Ukraine.

4.24. The Academic Council of a scientific institution of the NAS of Ukraine has the right to make decisions if at least half of its registered staff is present at the meeting, except for cases of consideration of personnel issues, nomination of works for awards and medals and other issues where the presence of two-thirds of the Academic Council is mandatory.

Decisions of the Academic Council of a scientific institution of the NAS of Ukraine are considered adopted if more than 50% of the members of the Academic Council present voted for them. Decisions are made by open or secret (by decision of the Academic Council) voting, unless the statute of the scientific institution of the NAS of Ukraine provides for a different procedure.

4.25. In order to further promote the activities of a scientific institution of the NAS of Ukraine and involve a wide range of scientists in assessing the results of its activities, a supervisory board may be established at the scientific institution, in particular with the involvement of foreign scientists, which shall act in accordance with the regulations approved by the Presidium of the NAS of Ukraine in accordance with the legislation.

4.26. In order to promote the implementation and development of scientific research by young scientists and ensure the protection of their rights and interests, a council of young scientists shall be established in a scientific institution of the NAS of Ukraine, which is a collegial elected advisory body that unites young scientists of a scientific institution of the NAS of Ukraine and acts in accordance with the regulations on this council, which shall be approved by the head of the scientific institution after consultation with the academic council of the relevant scientific institution of the NAS of Ukraine.

The Council of Young Scientists of a Scientific Institution of the National Academy of Sciences of Ukraine carries out its activities with the aim of ensuring the active participation of young scientists of a scientific institution of the National Academy of Sciences of Ukraine in conducting scientific research, as well as representing, protecting and implementing their rights and interests.

The scientific institution of the National Academy of Sciences of Ukraine, at which the Council of Young Scientists has been established, promotes its activities and may finance events and projects initiated by the Council of Young Scientists.

4.27. All citizens who participate in the activities of a scientific institution of the National Academy of Sciences of Ukraine on the basis of an employment contract form the labor collective of the scientific institution of the National Academy of Sciences of Ukraine.

The main organizational form of the exercise of powers by the labor collective is the general meeting (conference) of the labor collective. The conference is held if convening a meeting is complicated due to the multi-shift nature of work, territorial separation of structural units, etc.

The general meeting of the labor collective is considered competent if more than half of the total number of members of the collective participate in it, and the conference - not less than two-thirds of its delegates.

Decisions of the general meeting (conference) of the labor collective are adopted by open voting by a majority of votes of the members of the collective present at the meeting (conference).

4.28. Production, labor and social relations of the labor collective with the scientific institution of the NAS of Ukraine are regulated by a collective agreement, which is concluded by the head with the trade union organization of the scientific institution of the NAS of Ukraine in accordance with the Law of Ukraine «On Collective Agreements and Agreements».

4.29. The powers of the staff of a scientific institution of the NAS of Ukraine include:

– delegating scientists to participate in sessions of the general meeting of the NAS of Ukraine with the right to vote (except for issues related to the elections of full members (academicians), corresponding members and foreign members of the NAS of Ukraine);

– discussing and approving the collective agreement;

– considering issues of social development, in particular, including improving working conditions, living and health, medical insurance of employees of the scientific institution of the NAS of Ukraine and their families;

– approving internal labor regulations;

– applying public penalties;

– raising issues of bringing violators of labor discipline to justice in accordance with the procedure established by law.

Issues that fall within the competence of the staff of a scientific institution of the NAS of Ukraine are resolved by the staff with the participation of the head of the scientific institution of the NAS of Ukraine, unless otherwise provided for by law.

4.30. All scientists who are in employment relations with a scientific institution of the NAS of Ukraine form a team of scientists of the scientific institution of the NAS of Ukraine.

Meetings of the team of scientists of the scientific institution of the NAS of Ukraine are considered authoritative if at least two-thirds of the actual number of full-time scientists of this scientific institution are present.

4.31. Meetings of the team of scientists of the scientific institution of the NAS of Ukraine make decisions:

– on the election of the head of the scientific institution of the NAS of Ukraine;

– on the recall of the head of the scientific institution of the NAS of Ukraine;

– on the delegation of representatives (candidates of sciences, doctors of philosophy, doctors of sciences) of the scientific team of the scientific institution of the NAS of Ukraine to participate in a session of the general meeting of the NAS of Ukraine branch with the right to vote in the election of the academician-secretary of the NAS of Ukraine branch.

4.32. The decision of the meeting of the scientific staff of a scientific institution of the NAS of Ukraine shall be adopted by two-thirds of the votes of the scientific staff present at the meeting of the scientific staff of this scientific institution.

4.33. The deputy head of the scientific institution of the NAS of Ukraine for scientific work and the scientific secretary of the scientific institution of the NAS of Ukraine shall be appointed by the head of the scientific institution of the NAS of Ukraine in agreement with the academic council of the scientific institution of the NAS of Ukraine and the relevant department of the NAS of Ukraine and shall be approved by the Presidium of the NAS of Ukraine for the term of office of the head of this scientific institution.

The deputy head of the scientific institution of the NAS of Ukraine for general issues or for administrative and economic work shall be appointed by the head of the scientific institution in agreement with the relevant department of the NAS of Ukraine and shall be approved by the Bureau of the Presidium of the NAS of Ukraine for the term of office of the head of this scientific institution.

4.34. Heads of separate scientific units without the rights of a legal entity (departments, branches, centers) of a scientific institution of the NAS of Ukraine, heads (heads) of main scientific units (departments) are elected on a competitive basis and appointed to the position of head of a scientific institution of the NAS of Ukraine in agreement with the Presidium of the NAS of Ukraine for a term of no more than 5 years with the right to be re-elected for one more term, unless otherwise established by the statute of this scientific institution.

4.35. Deputy heads of separate or main scientific units (departments), heads (heads) of laboratories, sectors within departments, chief and leading scientists are elected on a competitive basis and appointed to the position of head of a scientific institution of the NAS of Ukraine in agreement with the bureau of the relevant department of the NAS of Ukraine, and chief scientists - in agreement with the Presidium of the NAS of Ukraine.

Senior researchers, researchers, junior researchers, chief and leading designers (engineers, technologists, etc.) and their deputies from the main area of activity of the scientific institution of the NAS of Ukraine, chief and leading designers (engineers, technologists, etc.) of the scientific unit, chief engineers (designers, technologists, etc.) of the project are selected on a competitive basis and appointed to the position by the head of the scientific institution of the NAS of Ukraine.

4.36. Employment contracts with scientists specified in clause 4.35 may be concluded for an indefinite period or for a period determined by agreement of the parties, but not more than five years, which is specified in the terms of the competition.

Scientists with whom an employment contract is concluded are subject to periodic certification in accordance with the procedure established by law.

The positions of scientists with whom an employment contract is concluded for a specified period are considered vacant after its expiration and a new competition may be held to replace them in accordance with the established procedure.

Full members (academicians) and corresponding members of the National Academy of Sciences of Ukraine are appointed to the positions of scientific workers by the head of the scientific institution of the NAS of Ukraine without a competition and are confirmed in the position in accordance with the procedure established by the NAS of Ukraine.

4.37. A scientific institution of the NAS of Ukraine may have an honorary director and advisors to the directorate.

A leading scientist may be appointed honorary director of a scientific institution of the NAS of Ukraine by the Presidium of the NAS of Ukraine after reaching the age of 65 and resigning from the position of head of a scientific institution of the NAS of Ukraine, who has headed the scientific institution of the NAS of Ukraine for a long time, made a significant contribution to science, the organization of scientific research and the development of the scientific institution of the NAS of Ukraine and under whose leadership the scientific institution of the NAS of Ukraine has taken a leading place in the relevant field of science and has achieved significant success in the implementation of research results and the training of scientific personnel.

Full members and corresponding members of the NAS of Ukraine may be appointed as advisors to the directorate of a scientific institution of the NAS of Ukraine, based on the decision of the Presidium of the NAS of Ukraine, by the head of the scientific institution of the NAS of Ukraine, at their request, after reaching the age of 65.

 5. Financial and material and technical support for the activities of the scientific institution of the NAS of Ukraine

5.1. Financial support for the activities of the scientific institution of the NAS of Ukraine is carried out at the expense of the State Budget of Ukraine, consisting of general and special (own revenues) funds of the state budget, and its property complex.

5.2. Financing of the main activities of the budgetary scientific institution of the NAS of Ukraine, in particular the basic one, is carried out within the limits of the expenses provided for in the estimates for the specified purposes.

Financing of work under separate scientific and scientific and technical programs and projects of the NAS of Ukraine, the executors of which are the scientific institution of the NAS of Ukraine, as well as providing it with grants for the implementation of separate projects, the creation of youth laboratories and groups is carried out on a competitive basis in accordance with the procedure established by the Presidium of the NAS of Ukraine.

5.3. Own revenues of the budgetary scientific institution of the NAS of Ukraine are received by it in addition to the funds of the general fund of the state budget and, in accordance with the legislation, are included in its special fund.

Own revenues consist of funds received in accordance with the established procedure as a fee for the provision of services by a budgetary scientific institution of the NAS of Ukraine in accordance with its main activity, from additional (economic) activities, from fees for the provision of property for rent, from the sale of property in accordance with the established procedure.

The own revenues of a budgetary scientific institution of the NAS of Ukraine also include grants, gifts, charitable contributions and funds that it receives from enterprises, organizations, individuals and from other budgetary institutions for the implementation of targeted programs and activities.

The own revenues of a budgetary scientific institution of the NAS of Ukraine are directed to the implementation of statutory tasks and are used in accordance with the legislation.

5.4. A scientific institution of the NAS of Ukraine independently disposes of income and other revenues received from the provision of paid services permitted by law. Such funds cannot be withdrawn as state income.

5.5. A scientific institution of the National Academy of Sciences of Ukraine, which has the status of a non-profit organization, uses its income exclusively to finance expenses for its maintenance, implementation of the goal (objectives, tasks) and areas of activity defined by its charter.

A non-profit organization is prohibited from distributing the income received or part of it among the founders (participants), members of such an organization, employees (except for payment of their labor, calculation of a single social contribution), members of management bodies and other persons related to them.

5.6. Scientific institutions of the NAS of Ukraine, which are fully or partially financed from the state budget, by decision of its Academic Council in accordance with the procedure established by the Cabinet of Ministers of Ukraine, may transfer their own revenues received from fees for services provided by them in accordance with their main activities, charitable assistance, grants (including funds received from domestic and foreign customers for the implementation of scientific, scientific-technical and innovative projects), to special registration accounts opened in territorial bodies of the central executive body implementing state policy in the field of treasury servicing of budget funds, or to current accounts opened in public sector banking institutions in accordance with the procedure established by law.

The specified revenues are included in the budget of the scientific institution of the NAS of Ukraine and may be used to pay for expenses related to the implementation and popularization of scientific activities, remuneration, acquisition of property and its maintenance, capital construction and repair of premises, etc. within the framework of the statutory activities of the scientific institution and current legislation.

5.7. The components of the material and technical base of scientific institutions of the Ukrainian Academy of Sciences are buildings, structures, land plots, communications, equipment, vehicles, official housing and other tangible assets, intangible assets.

The property that constitutes the material and technical base of a scientific institution of the Ukrainian Academy of Sciences is assigned to such an institution on the basis of the right of operational management.

5.8. A scientific institution of the Ukrainian Academy of Sciences has the right to use its property to participate in civil and economic relations, in particular for conducting financial and economic activities, construction of scientific and social facilities in accordance with the goals of its establishment and within the limits of civil legal capacity.

5.9. The real estate of a scientific institution of the Ukrainian Academy of Sciences cannot be subject to enforcement by creditors' claims.

5.10. The alienation of real estate of the Ukrainian Academy of Sciences assigned to a scientific institution of the Ukrainian Academy of Sciences is carried out with the permission of the Presidium of the Ukrainian Academy of Sciences in accordance with the procedure established by law.

5.11. The sale of fixed assets of a scientific institution of the HAH of Ukraine is carried out only on a competitive basis.

5.12. The free transfer of property that is on the balance sheet of one scientific institution of the HAH of Ukraine to the balance sheet of another scientific institution of the HAH of Ukraine is carried out without taxation, if the basis for such transfer is the decision of the Presidium of the HAH of Ukraine.

5.13. The land plot is transferred to the scientific institution of the HAH of Ukraine for permanent use in accordance with the procedure stipulated by the Land Code of Ukraine, and cannot be withdrawn (the right to permanent use of the land plot is terminated) by decision of executive government bodies or local self-government bodies without the consent of the Presidium of the HAH of Ukraine.

Land use is carried out by the scientific institution of the HAH of Ukraine in accordance with land legislation.

Lease by scientific institutions of the HAH of Ukraine of property objects assigned to them on the basis of the right of operational management, as well as land plots, is carried out without the right to redeem them in accordance with the legislation of Ukraine by decision of the Presidium of the HAH of Ukraine and in accordance with the procedure established by the HAH of Ukraine.

 6. Termination of the activities of a scientific institution of the NAS of Ukraine

6.1. Termination of the activities of a scientific institution of the NAS of Ukraine is carried out by means of its reorganization (merger, accession, division, transformation) or liquidation by decision of the Presidium of the NAS of Ukraine upon submission of the bureau of the NAS of Ukraine department of which it is a part, the Chief Scientific Secretary of the NAS of Ukraine (for a scientific institution of the NAS of Ukraine that is directly subordinate to the Presidium of the NAS of Ukraine) or one of the vice-presidents of the NAS of Ukraine in accordance with the distribution of responsibilities, and in cases provided for by law, by a court decision.

Termination of the activities of a scientific institution of the NAS of Ukraine with dual subordination is carried out by a joint decision of the NAS of Ukraine and the relevant central executive body.

6.2. Liquidation of a scientific institution of the NAS of Ukraine is carried out by a commission appointed by a decision of the Presidium of the NAS of Ukraine, and in the event of termination of its activities by a court decision — by a commission formed in accordance with a court decision.

6.3. From the moment of appointment of the liquidation commission, the powers to manage the scientific institution of the NAS of Ukraine shall be transferred to it. The liquidation commission shall draw up the liquidation balance sheet of the scientific institution of the NAS of Ukraine and submit it for approval to the NAS of Ukraine. The procedure and terms of liquidation, as well as the term for filing claims by creditors, shall be determined by law.

6.4. Employees of the scientific institution of the NAS of Ukraine who are dismissed in connection with its reorganization or liquidation shall be guaranteed the observance of their rights and interests in accordance with labor legislation.

6.5. In the event of termination of the activities of a scientific institution of the NAS of Ukraine, its assets shall be transferred by decision of the Presidium of the NAS of Ukraine to one or several non-profit scientific institutions of the NAS of Ukraine or shall be included in the budget revenue.

6.6. A scientific institution of the NAS of Ukraine shall be considered to have ceased its activities from the date of entry in the Unified State Register of the state registration of its termination.