Institute’s Statute
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1. General provisions
1.1. State Institution “O.M. Marzieiev Institute for Public Health of the National Academy of Medical Sciences of Ukraine” (hereinafter – Institution) is a scientific establishment based on government property under the authority of the National Academy of Medical Sciences of Ukraine (hereinafter – NAMS of Ukraine).
1.2. The Institution was established based on the O.M. Marzieiev Research Institute for General and Municipal Hygiene, under the order of the Ministry of Health of the USSR of 16.11.1988 No 229 by establishing the Republic Scientific Hygienic Center of the Ministry of Health of the USSR.
The Republic Scientific Hygienic Center was renamed the Ukrainian Scientific Center of Hygiene under the order of the Ministry of Health of the USSR of 16.10.1992 No 150.
The Ukrainian Scientific Center of Hygiene was renamed to O.M. Marzieiev Institute for Hygiene and Medical Ecology and was subordinated to the Academy of Medical Sciences of Ukraine under the Decree of the Cabinet of Ministers of Ukraine dated 07.08.2000 No 1232 “On measures to improve the efficiency of use of scientific potential in the field of medicine” and under the orders of the Ministry of Health of Ukraine and the Academy of Medical Sciences of Ukraine of 10.08.2000 No 195a/39, and the Academy of Medical Sciences of Ukraine of September 29, 2000, No 51.
The O.M. Marzieiev Institute for Hygiene and Medical Ecology was renamed the State Institution “Institute of Hygiene and Medical Ecology of the National Academy of Medical Sciences of Ukraine” based on the Decree of the Presidium of the Academy of Medical Sciences of Ukraine dated December 28, 2006, No 16/2.
The State Institution “Institute of Hygiene and Medical Ecology of the National Academy of Medical Sciences of Ukraine” was renamed State Institution “O.M. Marzieiev Institute for Public Health of the National Academy of Medical Sciences of Ukraine” based on the Resolution of the Presidium of the National Academy of Medical Sciences of Ukraine dated 29.04.2015 No 5/4.
The establishment is a legal successor of the State Institution “Institute of Hygiene and Medical Ecology of the National Academy of Medical Sciences of Ukraine.”
1.3. The Institution operates under the Constitution of Ukraine, the Law of Ukraine “On Scientific and Scientific and Technical Activities,” and other acts of the current legislation, the Statute of the National Academy of Medical Sciences of Ukraine and approved by the Presidium of the National Academy of Medical Sciences of Ukraine its statute.
1.4. The Institution is established, reorganized, and liquidated by the decision of the Presidium of the National Academy of Medical Sciences of Ukraine.
2. Name and location of the Institution
2.1. Full name of the Institution:
– Ukrainian: Державна установа «Інститут громадського здоров’я ім. О. М. Марзєєва Національної академії медичних наук України»;
– in English: State Institution “O.M. Marzieiev Institute for Public Health of the National Academy of Medical Sciences of Ukraine.”
2.2. Short name:
– in Ukrainian: ДУ «ІГЗ НАМНУ»;
– in English: SI ” ІРН NAMSU.”
2.3. Location of the Institution: 50 Hetman Pavlo Polubotka Street, Kyiv, 02094, Ukraine.
3. Legal Status of the Institution
3.1. The institution is a legal entity with an independent balance, a round seal with its name, other necessary seals and stamps, and accounts in national and foreign currency, opened under the legislation of Ukraine.
The institution may have a trademark registered in the prescribed manner and the emblem.
The institution maintains accounting, financial, tax accounting, and record-keeping under the legislation of Ukraine.
The institution has the right to conclude agreements, acquire property and non-property rights, be responsible, and be the plaintiff and the defendant in court under the legislation.
3.2. The institution is responsible for its obligations under the procedure established by law.
3.3. The State and NAMS of Ukraine are not responsible for the obligations of the Institution, and the Institution is not responsible for the obligations of the State and the NAMS of Ukraine, except in cases provided for by law.
3.4. The Institution is a non-profit organization formed and registered under the procedure established by law governing the activity of the non-profit organization.
3.5. The Institution is subject to mandatory state certification under the procedure established by law.
3.6. The Institution reports at least once every five years about its scientific and scientific-organizational activity before the Presidium of the National Academy of Medical Sciences of Ukraine.
4. The purpose, subject of activity, and tasks of the Institution
4.1. The Institution is formed for:
– carrying out scientific research aimed at obtaining and using new knowledge in the field of health care, which envisages the activity of the Institution as a leading state scientific institution in the areas of public health, which organizes and coordinates research work in this direction;
– proving scientific knowledge obtained from the results of research work in the areas of public health to the stage of their practical use;
– training of highly qualified scientific personnel in this direction;
– involvement of the international scientific community and international organizations (WHO, IAEA, and others) in cooperation in areas of public health.
4.2. The subject of activity of the Institution within its powers is:
– improvement of public policy in areas of public health;
– participation in the development of a national concept of development of a public health system;
– implementation of tasks and measures of national programs in areas of public health, including environmental safety, work, food, and others, as well as participation in their preparation;
– participation in the creation of state mechanisms to ensure the functioning of a balanced system of environmental protection;
– submission of proposals for improving the current legislation by participating in the development of draft laws and draft versions of other normative legal acts governing public health, taking into account international standards;
– development and submission of proposals to the Presidium of NAMS of Ukraine, state authorities, and local self-government on the organization of work in areas of public health, including the promotion of health of the population, children and adolescents, nutrition of the people, radiation safety and others;
– development of new research methods, innovative technologies, and solutions in public health;
– raising the level of awareness of the population in areas of public health;
– international cooperation with organizations and institutions of the relevant direction under the procedure established by law.
4.3. The main tasks of the Institution are:
– carrying out fundamental and applied research on topical problems of medical science in areas of public health to obtain new scientific knowledge in this field and their use for practical purposes;
– creation of a scientific product on the results of scientific research (monographs, textbooks, guides, manuals) and development of methodological documents on the implementation of the research work results in areas concerning public health in the practical activity of both the NAMS of Ukraine and the health care institutions of other subordination;
– carrying out sanitary and epidemiological evaluation;
– training of scientific personnel of higher qualification through postgrad and postdoc education;
– ensuring high quality of scientific research, systematic accumulation and generalization of scientific results, creation of conditions for the realization of creative opportunities for the scientific team, and social protection of employees;
– preservation and development of scientific infrastructure;
– informing the population about the results of the Institution’s activity.
4.4. Institution according to the main tasks:
– develops the main scientific directions of its activity and submits them for approval of the Presidium of the NAMS of Ukraine;
– organizes and carries out research work following the approved main scientific directions of activity and current (annual) plans of scientific research;
– in case of its determination as the primary institution for the implementation of the state target program – creates the conditions for providing organizational, methodological, and scientific guidance on the performance of the relevant tasks of the program implementation by the institutions of the NAMS of Ukraine;
– registers its completed research works under the procedure established by relevant law, submits the scientific and technical information and documentation on current research works to the relevant bodies of information regulation, organizes and ensures timely use in its work of domestic and foreign scientific-information materials;
– takes actions, in the prescribed manner, directed to control the protection and use of the rights to intellectual property created in the course of its activities;
– cooperates with the state central executive body in the field of health care and health care institutions; other state structures and public organizations; interacts with scientific institutions that are part of the NAMS of Ukraine; provides organization of scientific contacts at the international level;
– creates conditions for organizational and scientific support of the work of the Expert Commission, which specializes in the improvement of planning and residential building of populated places, of the Ministry of Health of Ukraine, the State Service of Ukraine on Food Safety and Consumer Protection on changes and setting Sanitary Protection Zones for enterprises and industry units;
– participates in the implementation of social orders aimed at solving the most critical problems of the development of the State in the field of health care (according to the state target programs approved under the procedure established by law), in the creation of new medical technologies;
– studies, analyzes, and generalizes the achievements of world science in areas of public health and determines the possibilities of their use in theoretical and practical medicine;
– participates in competitions of scientific projects and contests for obtaining grants, including international competitions; ensures the implementation of appropriate works and measures according to the results of competitions;
– holds conferences, meetings, symposia, exhibitions, scientific schools, including international;
– acts in the established order as the founder of scientific journals and scientific publications;
– conducts competitions for replacement of vacant positions of researchers, certifies employees of the Institution;
– could establish specialized academic councils for the defense of the thesis in the specialties according to the main scientific directions of the Institution’s activities in the manner prescribed by the legislation of Ukraine;
– carrying out educational activities in the field of higher education, providing educational services through the training of specialists at different qualification levels following the Law of Ukraine “On Higher Education,” including through postgrad and postdoc education, taking measures to improve the level of qualification of researchers, promotes the development of a scientific component in the field of education and involvement of talented youth in scientific activity;
– carries out, according to legislation, the training under the postgraduate education programs for retraining researchers and specialists, as well as forms specialized departments for training specialists to the qualification level of the Doctor of Philosophy jointly with universities and other higher education institutions;
– places, following a contract concluded with another scientific institution or higher education institution, the structural units (research departments) for conducting scientific activity based on an Institution or specialized educational institution according to educational programs and topics of scientific research;
– carries out the purchase, storage, transportation, use, and destruction of narcotic drugs, psychotropic substances, and precursors in the manner prescribed by law;
– carrying out the hygienic regulation of dangerous factors of chemical, biological, and physical origin under the procedure established by law;
– controls the quality and safety of medicinal products regarding the organization of independent laboratory quality control of medicinal products;
– measuring indicators of objects (air (atmospheric, public and residential premises, work area); emissions of stationary sources; food, food raw materials);
– carries out the development of documents to substantiate the permissions for the emissions of pollutants into the atmospheric air from stationary sources for enterprises, institutions, organizations, and citizens-entrepreneurs;
– carries out physicochemical and biological tests, toxicological and hygienic tests of medicines and substances, excipients, dietary supplements, perfume and cosmetic products, disinfectants, medical products, games, and toys;
– carries out activities to confirm the reproduction of methodologies of analysis of the projects of methods of quality control of medicinal products;
– carries out scientific substantiation, examination, and development of programs for primary prevention of eco-dependent pathology;
– carries out a scientific sanitary and epidemiological evaluation for projects of planning of territories of regions, master plans of cities, construction of objects of various purposes; hygienic substantiation of projects of the size of sanitary protection zones; scientific sanitary-epidemiological audit (consultations) at the stages of land allotment for construction, designing, construction, and commissioning of objects;
– develops technological standards for pollutant emissions into the atmospheric air based on risk assessments for the health of the population;
– monitoring pollen pollution of atmospheric air;
– carries out the detection of genetically modified organisms in food, food raw materials, pharmaceuticals, and environmental factors;
– determines the genetic predisposition of the population to the negative impact of anthropogenic pollution;
– conducts environmental impact assessment;
– measures environmental factors in emergencies and evaluates their danger to public health;
– develops the structure and staffing list within the existing funds and approves it following the procedure established by the NAMS of Ukraine;
– concludes contracts and agreements on scientific cooperation with organizations and legal entities, including foreign and international; participates in the carrying out of international scientific and technical programs and projects following the procedure established by law;
– participates in the activities of scientific societies, associations, and unions, including foreign and international ones, on the rights of their members; conducts other forms of joint activity under the legislation of Ukraine. On approval of NAMS of Ukraine, the Institution may be a part of the associations of legal entities to fulfill the Institution’s statutory tasks, maintaining the status of a legal entity and financial independence;
– acts as the founder and co-founder of companies and participates in the formation of the authorized capital of such companies only by entering the property rights of intellectual property, exclusive property rights to which are reserved by the Institution;
– carries out construction, reconstruction, as well as the overhaul of their fixed assets, objects of scientific, housing, and other social purposes;
– provides paid services on the list specified by the legislation for budgetary scientific institutions and under this Statute;
– processes personal data under the Law of Ukraine “On Protection of Personal Data.”
4.5. The Institution has the right to conclude lease agreements, including real estate, which is accounted for on its balance sheet, as well as contracts of sale of property under the procedure established by the current legislation and regulations of NAMS of Ukraine.
4.6. The Institution only carries out all activities that require special permits (testimony, attestation, certificates, and others) or licenses only after receiving those authorizing documents.
4.7. The Institution has its official website, which provides information on the main scientific directions, structure, and results of its activity, carries out regular updating of the said information, and contributes to the coverage in the media and social networks of significant achievements and important events on the results of Institution’s activities, as well as other scientific materials.
5. The main scientific directions of the Institution
5.1. The main scientific directions of the Institution are:
– development and improvement of legislative, normative-methodical, and organizational regulatory documents on the preservation and strengthening of public health, prevention of chronic diseases, improvement of living conditions, and prevention of the influence of harmful factors on the human body by following international requirements;
– improvement of methods and systems for monitoring the state of health of the population and environmental factors (physical, chemical, biological) influencing its formation;
– epidemiological substantiation of the cause-and-effect relationships of morbidity and mortality of the population as a result of the influence of harmful factors, assessment of the causes of their occurrence, and development of preventive measures;
– evaluation of the economic effectiveness of measures in the field of medical ecology and public health (determination of benefit, harm, and damage to health);
– assessment of the danger to public health of new materials, industries, technological processes, and conditions of use of nanomaterials and substances, taking into account acute and remote consequences;
– development of innovative approaches to medico-biological studies of human health (cytogenetic, cytological, biochemical status, genetic predisposition to the occurrence and development of pathological changes) due to the influence of environmental factors, living conditions, and lifestyle;
– study of the impact of global climate changes on human vulnerability to chemical, physical, and biological factors; and justification of preventive measures and recommendations taking into account biological mechanisms;
– scientific justification of interdisciplinary programs in the field of climate change;
– study of the role of upbringing and organization of educational processes in the formation of health and physical development of children and adolescents;
– a forecast of the danger of changes in the functional state of the body registered in adolescence to the further formation of health among adults;
– development of modern methods and tools for monitoring the quality of the residential and industrial environment with the development of preventive measures; and the formation of an ecological and medical safety passport;
– improvement and development of risk assessment methodology, development of theoretical and methodical foundations of risk determination for factors of different nature and combined action to solve issues of managing the quality of the living environment and life activities of the population;
– improving, taking into account international experience and requirements, the methodology of assessing the danger to the population of food products and drinking water, determining effective means of cleaning and disinfection;
– development of research on nutrition and alimentary prevention of chronic non-infectious diseases;
– scientific substantiation of the methodological principles for establishing technological norms of emissions of pollutants into the atmospheric air based on risk assessments for the health of the population;
– study of biological danger from pollen pollution of atmospheric air by aeroallergens;
– study of the genetic predisposition of the population to the negative impact of anthropogenic atmospheric air pollution;
– scientific substantiation of the methodology for determining the danger to the health of the population and the next generations of socio-economic changes in society, which are associated with crisis emergencies, including situations during an anti-terrorist operation in specific territories of Ukraine;
– scientific substantiation of the methodology for determining danger in emergencies caused by natural or anthropogenic influences;
– development, improvement, and implementation to the practice of public health scientific research of modern methods of mathematical data analysis of medical informatics and Internet technologies;
– biological safety.
6. Structure of the Institution
6.1. The structure of the Institution is developed by the directorate, considered by the Academic Council, and approved by the President of NAMS of Ukraine.
The structure of the Institution may include an institute, branch, center, department, group, research department, scientific library, and scientific museum.
Temporary scientific (creative) collectives may be formed in the Institution to solve individual tasks.
The Institution’s structural subdivisions include administrative and scientific support subdivisions and services.
6.2. The Institution may create branches and scientific departments with the rights of its structural subdivision, pilot plants, as well as other structural subdivisions without the rights of a legal entity, acting according to the provisions approved by the order of the director after agreement with the Academic Council of the Institution.
6.3. Centers for the collective use of scientific equipment can be formed as structural subdivisions of the Institution to provide access to unique equipment for scientific research by the decision of the Presidium of NAMS of Ukraine.
7. Management of the Institution
7.1. Management of the Institution is carried out on the basis and in the manner established by the Law of Ukraine “On Scientific and Scientific-Technical Activities,” the Statute of NAMS of Ukraine, and the Statute of the Institution.
7.2. The Institution is headed by the director, elected, appointed, dismissed, and operates according to the legislation and the Institution’s Statute.
7.3. The Institution’s director is elected by secret ballot at the meeting of the collective of its researchers for five years, with the right to be re-elected and appointed to the post of Presidium of the NAMS of Ukraine. The same person can be the Institution’s director for up to two terms.
7.4. The candidate for the position of director of the Institution must speak the state language, have a degree of Doctor of Science or Candidate of Science (Doctor of Philosophy), and have work experience in the positions of researchers and (or) scientific and pedagogical staff for at least ten years. The Presidium of the NAMS of Ukraine or the relevant Branch of the NAMS of Ukraine may establish additional requirements for qualification and other requirements for the candidate for the position of director of the institution arising from the specifics of its activity.
One cannot be elected or appointed to the position of director (including the position of acting director) of the Institution if:
– by court decision is recognized as incapacitated or with limited capability;
– has a criminal record for committing a crime if such criminal record is not repaid or not removed by the procedure established by law;
– according to the court’s verdict, is deprived of the right to hold the relevant positions;
– the court’s decision was found guilty of committing a corruption offense – within a year from the date of entry into force of the court decision; was subjected to an administrative penalty for a corruption offense – within a year from the date of entry into force of the court decision.
7.5. The competition for replacement of the position of director of the Institution shall be declared by the Presidium of the NAMS of Ukraine two months before the contract expires by the person who holds the position. In case of early termination of the office of the Institution’s director, the competition shall be announced within a week from the date of the vacancy.
The Academic Council and staff of the scientific departments of the Institution have the right to nominate candidates to replace the position of director of the Institution.
Proposals for applicants for the position of director are accepted by the Presidium of the NAMS of Ukraine within two months from the date of announcement of the competition for this position.
The applicants who meet the established requirements shall be submitted for consideration by the meeting of the Institution’s researchers within 20 calendar days from the last date of the document submission for the vacancy competition.
7.6. Applicants for the position of director of the Institution are considered at the meeting of the Institution’s researchers. Each meeting member can vote for only one candidate or not support any candidate.
Elections are considered to have taken place if there were at least two-thirds of the actual number of staff members of a collective of the Institution’s researchers at the meeting.
7.7. The decision of the meeting of researchers of the Institution on the election of the director is considered by the Presidium of the NAMS of Ukraine, which can:
– to appoint a candidacy for the position of director of the Institution, which gained more than two-thirds of the votes of researchers present at the meeting of the researchers of the Institution;
– to appoint a candidacy for more than 50 percent, but less than two-thirds of the votes of researchers present at the meeting of researchers of the Institution, or in the presence of motivated objections to announce a new competition, appointing the Acting Director of the Institution for a term of no more six months.
7.8. If none of the applicants for the position of director of the Institution has gained more than 50 percent of the votes of researchers present at the meeting of a collective of researchers of the Institution in the first round, a second round of voting is held.
Two candidates who have gained the highest number of votes in the first round are allowed to participate in the second round.
Elections are considered to have taken place if more than two-thirds of the actual number of staff workers of the Institution were present at the meeting of a collective of researchers.
The decision of the meeting of researchers of the Institution on the election in the second round of the director of the Institution is considered by the Presidium of the NAMS of Ukraine, which can:
– to appoint a candidacy for the director of the Institution, which in the second round gained more than two-thirds of the votes of researchers present at the meeting of a collective of researchers of this scientific Institution;
– to appoint a candidacy for the director of the Institution, which in the second round gained more than 50 percent but less than two-thirds of the votes of researchers present at the meeting of researchers of the Institution, or, if there are motivated objections to declare a new competition, appointing the Acting Director of the Institution for a period of not more than six months.
7.9. The Institution’s director is appointed by the Presidium of the NAMS of Ukraine on the recommendation of the general meeting of the Branch of the NAMS of Ukraine.
7.10. The contract with the chosen director of the Institution shall be concluded in the prescribed manner within one month from the day of election for a term of five years.
7.11. The director of the Institution could be dismissed by the Presidium of the NAMS of Ukraine on the grounds determined by the labor legislation, as well as due to violation of the terms of the contract.
The Institution’s director could also be dismissed due to the decision to be withdrawn from the position by the meeting of the researchers of the Institution.
The labor legislation and the contract concluded between the Institution’s director and the NAMS of Ukraine determine the grounds for the withdrawal decision of the Institution’s director.
The Academic Council of the Institution, by votes of at least half of the Academic Council members, could submit to the meeting of the researchers of the Institution the decision on the Institution’s director’s withdrawal from the position to be approved or rejected by secret ballot of the researchers of the Institution.
7.12. The Institution’s director, within the limits of powers, organizes the Institution’s activities.
7.13. The Institution’s director is responsible to the NAMS of Ukraine for performing the duties stipulated by the legislation, the statute of the Institution, and a contract.
7.14. The Institution’s director has the right:
1) to dispose of property and funds within and in the manner provided by the contract, the Statute of the Institution, and the law;
2) to represent the Institution in state authorities and local self-government bodies, institutions, organizations, and enterprises, regardless of their ownership without a separate assignment;
3) to open, on behalf of the Institution, current and deposit accounts in banks and bodies of the central executive body, which implements the state policy in the field of treasury servicing of budget funds, following the procedure established by law;
4) conclude contracts on behalf of the Institution following the legislation;
5) to hire and dismiss the employees of the Institution, to determine their job responsibilities, to apply to the Institution’s staff measures to encourage and penalize;
6) to award the employees following the provisions of the Institution on awards and carry out other types of stimulation of the employees of the Institution;
7) to check the quality of work of employees of the Institution and activities aimed at methodological, organizational support and coordination of scientific activity;
8) appoint to the Institution’s Academic Council the relevant part of the members of the Academic Council of the Institution;
9) to delegate part of own authority to the Institution’s director deputies and heads of the Institution’s departments following the Statute of the Institution;
10) to issue orders and directives within own authority;
11) to resolve the issues of financial and economic activities of the Institution.
7.15. The director of the Institution is obliged to provide:
1) carrying out the Institution’s activities following the tasks of the Statute;
2) highly efficient scientific and innovative activities of the Institution, including the implementation of the results of its scientific research, international scientific cooperation;
3) training of scientific personnel of higher qualification by postgrad and postdoc education;
4) training and retraining, advanced training of employees of the Institution;
5) implementation of the state order and other contractual obligations by the Institution;
6) the Institution’s compliance with the license conditions and conditions of accreditation of the educational and scientific program;
7) the protection of intellectual property rights on the results of scientific and scientific and technical activities obtained at the expense of the state budget;
8) the efficient use of property assigned to the Institution, compliance with the requirements of the legislation when providing other legal entities with the rights to use the specified property;
9) according to the established procedure, submission of the reporting to the NAMS of Ukraine on the use of property assigned to the Institution, in particular, the property provided for use to other legal entities;
10) the Institution’s compliance with the terms of the Institution’s Statute and the collective agreement;
11) the protection of information following the legislation;
12) the Institution’s compliance with the requirements of the legislation, ensuring compliance with the requirements of controlling bodies in the field of economic activities, as well as the requirements of the NAMS of Ukraine;
13) the measures to improve the management of the Institution, strengthen financial-economic, and labor discipline;
14) the creation of proper working conditions under the requirements of the legislation, the ensuring the rights of the employees following the labor legislation;
15) targeted and efficient use of state budget funds;
16) the timely and complete implementation of the Institution’s obligations to the state budget and state social funds;
17) the fulfillment of the budget of the Institution and expenditures of the Institution;
18) the measures within own authority to prevent corruption offenses in the Institution;
19) the public awareness about the activities of the Institution.
7.16. The Institution’s director resolves other issues that, by the law, the Institution’s Statute, and the contract, are within the Institution’s director’s competence.
7.17. The Director of the NAMS of Ukraine Institution reports yearly to the researchers of the Institution of the NAMS of Ukraine about the results of activities on the position of the Institution’s director.
7.18. The Institution’s director may have a Deputy Director of Scientific Work, a Deputy Director of Scientific and Practical Work, and a Deputy Director of General Affairs.
The deputy director is appointed in agreement with the Academic Council of the Institution and approved by the Presidium of the NAMS of Ukraine.
7.19. The Deputy Director of Scientific Work candidate should have a scientific degree and experience in scientific and scientific-organizational work for at least five years.
The Deputy Director of Scientific Work is personally responsible for the scientific and organizational work of research departments and auxiliary units of the Institution according to the established distribution of duties; organizes work under the requirements of the labor protection legislation and the provisions approved by the Presidium of the NAMS of Ukraine.
7.20. The Deputy Director of Scientific and Practical Work should have a scientific degree and experience in scientific and scientific-organizational work for at least five years.
The Deputy Director of Scientific and Practical Work is personally responsible for organizing research works by research departments and auxiliary units of the Institution according to the established distribution of responsibilities. The Deputy Director of Scientific and Practical Work exercises constant monitoring of the research work progress implementation and is responsible for the organization and discipline of the work of researchers and employees of auxiliary units.
7.21. The Deputy Director of Scientific Work and the Deputy Director of Scientific and Practical Work have the right to conclude commercial contracts, including the contracts for performing scientific research.
7.22. The Deputy Director of General Affairs is responsible for the maintenance of the Institution’s buildings and structures, the compliance with general security, fire safety, and labor protection requirements, organizing the provision of units of the Institution by transport, equipment, inventory, and materials, manages current repair of premises, and can carry out other functions according to the distribution of responsibilities.
7.23. The Deputy Director of Scientific Work performs the duties of the Institution’s director in the absence of the Institution’s director. Another deputy director performs the duties of the Institution’s director in the absence of the Institution’s director and the Deputy Director of Scientific Work.
7.24. The Institution’s director appoints a specialist with a scientific degree and experience in scientific and scientific-organizational work to the position of Scientific Secretary of the Institution in agreement with the Academic Council of the Institution and under the approval of the Presidium of the NAMS of Ukraine.
The Scientific Secretary of the Institution heads the preparation of proposals for prospective and annual research and development plans, controls the preparation and timely submission of all projects of scientific research and scientific reports, prepares meetings of the Academic Council of the Institution, and maintains its documentation; controls the implementation of the curricula of postgrad students and postdoc students, ensures the attestation of postgrad and postdoc students.
7.25. Hiring at an Institution of researchers is carried out on a competitive basis (except in cases provided for by law) under the Regulation on the procedure for holding a competition for the replacement of vacant scientific positions of the Institution, approved by the Institution’s director in agreement with the Academic Council of the Institution, which establishes qualification requirements for applicants to replace vacant positions of researchers, taking into account the specific activity of the Institution.
7.26. The heads of research branches, heads of research departments, head researchers, leading researchers, senior researchers, researchers, and junior researchers, leading engineers are elected competitively and appointed to the position by the Institution’s director.
The researchers of all categories of the Institution with employment contracts for an indefinite period should pass the periodical attestation under the procedure established by law.
The positions of researchers with an employment contract for a specified period are considered vacant after contract completion; to replace such vacancies, the Institution organizes a new competition under the procedure established by law.
7.27. The Academic Council of the Institution.
7.27.1. The Academic Council of the Institution (hereinafter – Academic Council) is the collegial body of management of scientific and scientific-organizational activities of the Institution, which performs consultative and advisory functions.
7.27.2. The quantitative composition of the members of the Academic Council is equal to 25% of the total number of researchers of the Institution; three-quarters of the Academic Council members are elected by secret ballot at the meeting of the Institute’s researchers, and the Institute’s director order appoints the rest members of the Academic Council.
The Institution’s director, the Deputy Director of Scientific Work, and the Scientific Secretary are members of the Academic Council of the Institution by their position.
The Chairman, the Deputies of the Chairman, and the Scientific Secretary of the Academic Council are elected by secret ballot from among its members.
There is a possibility to include the leading scientists and specialists of the field who do not work in the Institution to be members of the Academic Council of the Institution by the election procedure or invited and appointed by the Institution’s order.
The Academic Council of the Institution includes the Chairman of the Young Researchers Council and the Head of the Institution’s Primary Trade Union Organization (trade union representative).
7.27.3. The exclusive competence of the Academic Council of the Institution includes:
1) determining the strategy of development of the Institution and promising directions of scientific activities;
2) carrying out scientific evaluation of the subjects and results of research works;
3) approval of current (annual) plans of scientific research and scientific-technical (experimental) development;
4) improvement and development of the structure of the Institution;
5) approval of topics of dissertations of higher education applicants in the third (educational and scientific) and at the scientific level of higher education with the appointment of scientific advisers (consultants);
6) approval of the results of attestation of researchers, postgrad students, postdoc students, and applicants;
7) approval of the results of the competition for vacant positions of researchers;
8) nomination of scientific works for awarding prizes, medals, and other types of honors, including international;
9) awarding to the employees of the Institution of academic titles of Professor and Senior Researcher and the submission of relevant decisions for approval to the certification board of the central executive body, which ensures the formation and implementation of state policy in the field of scientific and scientific-technical activity, preparation of the request for the assignment of honorary titles;
10) approval of annual reports on the activity of the Institution and financial plans (estimated expenditures) of the Institution;
11) decision-making on the placement of own revenues in the territorial bodies of the central executive body, which implements state policy in the field of treasury servicing of budget funds or the banking institutions of the public sector;
12) approval of the list of professions and positions of the Institution with the possibility of flexible working time and remote mode of work.
The Provision of the Academic Council of the Institution, approved by the director after approval with the Academic Council, defines the list of other issues within the competence of the Academic Council.
7.27.4. The Academic Council of the Institution discusses the main scientific directions of the Institution and recommends them for consideration and approval by the Presidium of the NAMS of Ukraine.
7.27.5. The Academic Council of the Institution is valid for decision-making if at the meeting there are at least half of its accounting members, except in cases of consideration of personnel issues, nomination of works for the awarding of prizes and medals, and other matters, where the presence of two-thirds of the members of the Academic Council is obligatory.
The decision of the Academic Council of the Institution is approved if more than 50% of Academic Council members who are present at the meeting voted for that decision.
Decisions are made by open vote, except when the legislation provides for their adoption by secret ballot.
The Academic Council could decide by the vast majority of votes to provide a secret ballot on any specific issue within its competence.
7.28. To contribute to the improvement of the activities of the Institution, at the proposal of the Academic Council of the Institution by the decision of the Presidium of the NAMS of Ukraine, a supervisory board may be created at the Institution that could involve foreign scientists, which would operate under the provision approved by the Presidium of the NAMS of Ukraine following the legislation.
7.29. To facilitate the implementation and development of research of young scientists and to ensure the protection of their rights and interests in the Institution, a Young Researchers Council is formed, which is a collegial elected advisory body that unites young researchers of the Institution and acts under the provision on this Council, which the Institution’s director approves after the approval from the Academic Council.
The Young Researchers Council of the Institution ensures young researchers’ active participation in scientific research, representation, protection, and realization of their rights and interests.
The Institution promotes the Council’s activities and can finance actions and projects initiated by the Young Researchers Council of the Institution.
7.30. All citizens who, by their work, take part in the activities of the Institution based on an employment contract form a labor collective of the Institution.
7.31. The main organizational form of exercising the labor collective authority is the general meeting of the labor collective.
The general meeting of the labor collective is valid if more than half of the staff members participate.
The decision of the general meeting of the labor collective is approved if a majority of those present at the meeting staff members voted for that decision.
7.32. A collective agreement concluded by the director with the Institution’s Primary Trade Union Organization following the Law of Ukraine, “On Collective Agreements and Contracts,” regulates the labor collective’s production, labor, and social relations with the Institution.
7.33. The powers of the Institution’s labor collective include:
– the delegation of researchers to participate in the sessions of the General Meeting of the NAMS of Ukraine with the right to vote (except for issues related to the elections of full members (academicians), correspondent members, and foreign members of the NAMS of Ukraine);
– the discussion and approval of the collective agreement;
– the consideration of social development issues, in particular, including improving working conditions, life, and health, and health insurance of employees of the Institution and their families;
– the approval of the rules of internal labor regulations;
– raising the issues of public penalties;
– raising the issues on the liability of those who violate the labor discipline under the procedure established by law.
The issues within the competence of the Institution’s labor collective are resolved by the labor collective with the participation of the Institution’s director unless otherwise provided by law.
7.34. All staff member researchers in employment with the Institution form a collective of the Institution’s researchers.
7.35. The meeting of the Institution’s researchers is valid if at least two-thirds of the actual number of staff members of a collective of the Institution’s researchers are present.
7.36. The meeting of the Institution’s researchers makes the decisions:
– on the election of the Institution’s director;
– on the Institution’s director’s withdrawal from the position;
– on delegation of representatives (Candidates of Sciences, Doctors of Philosophy, Doctors of Sciences) of a collective of the Institution’s researchers for the participation in the session of the general meeting of the Branch of NAMS of Ukraine with the right of approval vote in the elections of the Academician-Secretary of the Branch of the NAMS of Ukraine.
7.37. The decision of the meeting of the Institution’s researchers is valid if confirmed by two-thirds of the votes of staff members of a collective of the Institution’s researchers present at the meeting.
7.38. The Institution may have an Honorary Director. The Presidium of the NAMS of Ukraine could appoint to the position of Institution’s Honorary Director a leading scientist who reaches the age of 65 after the withdrawal from the position of Institution’s director, who has been in charge of the Institution for a long time, made a significant contribution to science, organization of scientific research, and development of the Ukraine.
8. Financial and logistical support of the Institution’s activity
8.1. The financial support of the Institution is carried out at the expense of the State Budget of Ukraine, which consists of general and special (own revenues) funds of the state budget and at the expense of the Institution’s property complex.
8.2. The financing of the main activities of the Institution is carried out within the limits of expenditures provided in the estimates for the specified purposes.
Financing of works on particular scientific and scientific-technical programs and projects of the NAMS of Ukraine, where the Institution is a contractor, as well as providing the Institution with grants of the NAMS of Ukraine, is performed according to the Provision approved by the NAMS of Ukraine.
8.3. The Institution’s own revenues are obtained in addition to the general funds of the state budget and, under the legislation, are included in the Institution’s special fund.
The Institution’s own revenues consist of funds received under the established procedure as a payment for the services provided by the Institution as a product of the Institution’s main activity, from additional (economic) activity, from the fee for the lease of Institution’s property, from the sale under the established procedure of the Institution’s property (except real estate).
The Institution’s own revenues also include grants, gifts, charitable contributions, and funds from enterprises, organizations, individuals, and other budgetary institutions to implement targeted programs and measures.
The Institution’s own revenues are directed to fulfill statutory tasks and are used following the law.
8.4. The Institution independently disposes of income and other revenues received from the provision of paid services allowed by law. Such funds cannot be withdrawn into the State income.
8.5. The Institution has the status of a non-profit organization. The Institution uses obtained revenues (profits) only to finance the Institution’s expenditures for maintenance, for the realization of the goals, objectives, and directions of activities defined by this Statute.
It is forbidden to distribute the obtained Institution’s revenues (profits) or parts of that revenues among the founders (members) of the Institution, among the Institution’s employees (except for payment of their work, accrual of a single social contribution), among the members of the management bodies of the Institution and other related persons.
8.6. The Institution, under the procedure established by the Cabinet of Ministers of Ukraine, according to the decision of the Academic Council, may transfer its own revenues received from the payment for services provided by the Institution according to the Institution’s main activity, charitable assistance, grants (including funds coming from domestic and foreign contractors for the implementation of Institution’s scientific, scientific-technical and innovative projects) to the special registration accounts opened in the territorial bodies of the central executive body, which implements state policy in the field of treasury servicing of budget funds, or on current and/or deposit accounts opened in banks public sector.
The indicated revenue, as well as the interest received from the placement of the Institution’s funds in deposit accounts of the public sector banks, are included in the financial plan (estimate) of the Institution and can be used to pay for expenses related to the implementation and promotion of scientific activities, for payment of salary, for the acquisition of property and its maintenance, for capital construction, and repair of premises, and other expenses within the statutory activities of a scientific institution.
8.7. The components of the material and technical base of the Institution are buildings, structures, land, communications, equipment, vehicles, service housing, and other material assets, intangible assets.
The property that constitutes the material and technical base of the Institution is assigned to it on the right of operational management.
8.8. The Institution has the right to use its property to participate in civil relations, including for carrying out financial and economic activities and for constructing objects of scientific and social purpose due to the goals of the Institution’s establishment and within the limits of civil eligibility.
8.9. The Institution’s real estate can not be the subject of litigation or the penalty due to claims of creditors.
8.10. The alienation of the real estate assigned to the Institution should be carried out with the permission of the Presidium of the NAMS of Ukraine under a provision prescribed by law.
8.11. The sale of fixed assets of the Institution is carried out only on a competitive basis.
8.12. The free transfer of the property on the balance sheet of the Institution may be carried out to the balance of another scientific institution only in the case and in the manner determined by the current legislation, with the obligatory approval by the Presidium of the NAMS of Ukraine.
8.13. The land plot is transferred to the Institution for permanent use under the procedure provided by the Land Code of Ukraine and cannot be withdrawn by the decision of the executive authorities or local self-government bodies (from the point of view of the termination of the Institution’s right of permanent use of the land plot) without the consent of the Presidium of the NAMS of Ukraine.
The Institution carries out land use following the land legislation.
The Institution, under the legislation of Ukraine, by the decision of the Presidium of the NAMS of Ukraine, and following the procedure established by the NAMS of Ukraine, can provide the lease over the properties, including the land plots, assigned for the operational management of the Institution, to the third parties without the right of redemption by the third parties of those properties or land plots.
9. International activities
9.1 The Institution may carry out international scientific and research activities within the limits specified by the legislation.
9.2 The Institution carries out international scientific and research activities by:
– implementing the joint research, technical and technological developments based on cooperation and joint scientific-technical programs;
– carrying out research and development under joint coordination agreements;
– carrying out the research under the contracts, where one of the contractors is the organization of a foreign state or an international organization;
– joint research and development within the international teams of specialists, international institutions, or joint ventures by using the ownership of scientific or scientific-technical results based on contracts between parties of scientific or scientific-technical activities;
– a mutual exchange of scientific and scientific-technical information using the joined international information funds and databases;
– holding international conferences, congresses, symposia, and other events;
– a mutual exchange of scientific, scientific-pedagogical workers, postgrad, postdoc students, and joint training of specialists.
9.3. The Institution may participate in:
– implementation of international scientific and technical programs and projects;
– activities of foreign and international scientific societies, associations, and unions on the rights of their members;
– international conferences, congresses, symposia, and other events.
The Institution may conclude contracts with foreign organizations and legal entities, as well as carry out other activities under the legislation of Ukraine.
10. The Institution’s Statute
10.1. The Institution’s Statute is the principal act that regulates the Institution’s activity.
10.2. The administration of the Institution develops the Institution’s Statute. Then, there is a discussion of the Institution’s Statute with a collective of the Institution’s researchers. After that, the Institution’s Statute is considered by the Academic Council of the Institution. In the final stage, the Institution’s Statute is approved by the Presidium of the NAMS of Ukraine.
10.3. The amendments to the Institution’s Statute are approved in the same order as the Institution’s Statute itself and are subject to state registration following the procedure established by law.
11. Termination of the Institution’s activity
11.1. The termination of the Institution’s activity is carried out by its reorganization (merger, accession, division, transformation) or liquidation by the decision of the Presidium of the NAMS of Ukraine, or in cases provided by the law – by court decision.
11.2. The termination of the Institution’s activity is carried out by a commission appointed by the decision of the Presidium of the NAMS of Ukraine, or, in cases of termination of the Institution’s activity by the court decision, – a commission established according to the court decision.
11.3. From the moment of the appointment of the liquidation commission, the authority to manage the Institution has been transferred to it. The liquidation commission draws up the Institution’s liquidation balance and submits it for approval to the NAMS of Ukraine.
The terms and procedure of terminating the Institution’s activity and the terms for applying claims by creditors are determined by law.
11.4. The employees of the Institution rights according to the labor legislation are guaranteed if employees are dismissed in connection with Institution reorganization or liquidation.
11.5. In the event of the termination of the Institution’s activity as a liquidation, merger, accession, division, or transformation, the Institution’s assets shall be transferred by the decision of the Presidium of the NAMS of Ukraine to one or more non-profit, scientific institutions of the NAMS of Ukraine or are credited to the budget revenue.
11.6. The Institution is considered to have terminated its activity from the date of entry in the Unified State Register of the record on the state registration of its termination.