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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 4, 2004 No. 253

About approval of the Procedure for legalization of computer programs in executive bodies

(as amended on 05-02-2020)

Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for legalization of computer programs in executive bodies which is applied.

2. Form the interdepartmental working group on questions of legalization of computer programs in structure according to appendix.

The members of interdepartmental working group affirm its chairman.

3. To the Ministry of Education and Science to develop and approve regulations on the register of computer programs in 2004 and to provide its maintaining.

Prime Minister of Ukraine

V. Yanukovych

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 4, 2004, No. 253

Procedure for legalization of computer programs in executive bodies

1. This Procedure determines the procedure of carrying out legalization of computer programs in executive bodies.

2. Terms which are used in this Procedure have such value:

legalization of computer programs in executive bodies (further - legalization) - reduction of use of computer programs in compliance with requirements of the legislation on copyright by replacement of non-licensed computer programs licensed;

the non-licensed computer program - the computer program which is used with violation of the conditions determined in the license or has no current license on its use.

Other terms in this Procedure are used in the value given in the Law of Ukraine "About copyright and the related rights" and the Procedure for use of computer programs in executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of September 10, 2003 No. 1433 (The Official Bulletin of Ukraine, 2003, No. 37, the Art. 1989).

3. Action of this Procedure does not extend to purchase of new computer programs or the computer equipment with the installed programs which is performed by executive bodies independently according to the procedure, determined by the legislation.

4. Inventory count of computer programs during which executive bodies determine the list and the number of license and non-licensed computer programs is carried out taking into account requirements of the Procedure for use of computer programs in executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of September 10, 2003 No. 1433, and Item 6 of this Procedure.

Licenses to use of computer programs and/or lack of licenses for computer programs are reflected in data of the inventory count which is carried out according to technique of carrying out the inventory count established by Ministry of Economics.

Use of the computer programs created (developed), widespread, and also provided with technical support subjects of managing which are under control of foreign state to which special economic and other rationing measures according to the Law of Ukraine "About sanctions" are applied is allowed before the termination of effective period of the license without receipt of technical support (updates, corrections and so forth) from the specified subjects of managing. Prolongation of effective period of the license or legalization of such non-licensed computer programs is not allowed.

The specified non-licensed programs are taken out of service until the end of the year in which inventory count of computer programs was carried out.

In case of need license computer programs after the termination of effective period of the license and/or non-licensed computer programs shall be replaced with license computer programs with similar functions which are created (are developed), widespread, and also are provided with technical support of subjects of managing which are not under control of foreign state to which special economic and other rationing measures according to the Law of Ukraine "About sanctions" are applied.

5. Implementation of actions for legalization is coordinated by the interdepartmental working group on questions of legalization of computer programs.

The solution of the specified working group:

at least than two thirds of its structure are accepted at meeting by open voting by a simple majority vote in case of presence. In case of equal distribution of voices the voice of the chairman of working group is decisive;

it is drawn up by the protocol which within 10 working days is signed by all workgroup members who were present at meeting. Sends copies of the minutes of Ministry of Economics to all workgroup members and relevant organs of the executive authority within five working days from the date of execution of the protocol.

Organizational technical supply of activities of interdepartmental working group performs Ministry of Economics.

For the purpose of ensuring transparency of activities of interdepartmental working group its decision will be promulgated on the official website of Ministry of Economics till May 1.

6. Executive bodies during annual planned inventory of computer programs according to technique of carrying out the inventory count established by Ministry of Economics determine the list and the number of license computer programs and computer programs which are subject to legalization, and give the relevant information:

district, district in Kiev and Sevastopol the state administrations - till February 1 to Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations;

territorial authorities of the ministries, other central executive bodies - till February 1 to the ministries, other central executive bodies;

the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations - till March 1 the summarized information of Ministry of Economics.

Computer programs which are not subject to legalization because of moral obsolescence, discrepancy to functional tasks of executive bodies, to requirements of information security, etc. are taken out of service until the end of the year in which inventory count was carried out.

7. The Ministry of Economics generalizes information provided by executive bodies and till April 1 submits it for consideration to interdepartmental working group.

8. Actions for legalization of computer programs are performed:

executive bodies due to the budget settings provided in the law on the Government budget of Ukraine for the corresponding year;

Public service of intellectual property due to the budget settings provided in the law on the Government budget of Ukraine for the corresponding year according to the separate budget program and/or for acquisition account from charges for the actions connected with protection of the rights to intellectual property items.

The procedure for use of receipts from charges for the actions connected with protection of the rights to intellectual property items for implementation of actions for legalization of computer programs, affirms Ministry of Economics.

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