RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 4, 2018 No. 529

About creation, reorganization and liquidation of the public scientific institutions

According to paragraph one of part two of article 7 of the Law of Ukraine "About scientific and scientific and technical activities" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for creation, reorganization and liquidation of the public scientific institutions which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of April 14, 1997 No. 321 "Questions of creation, reorganization and liquidation of the state scientific organizations" (The Official Bulletin of Ukraine, 1997, No. 16, the Art. 25);

Item of 9 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of August 7, 2013 No. 538 (The Official Bulletin of Ukraine, 2013, No. 63, the Art. 2283).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 4, 2018 , No. 529

Procedure for education, reorganization and liquidation of the public scientific institutions

1. This Procedure determines the procedure of creation, reorganization and liquidation state scientific (research, scientific and technology, scientific and technical, scientific and practical) organizations, including double subordination which are fully or partially financed from the government budget, and also the state commercial enterprises and the state companies, the organizations which according to article 1 of the Law of Ukraine "About scientific and scientific and technical activities" are among scientific institutions (further - the public scientific institutions).

This Procedure does not extend to education, reorganization and liquidation of the public scientific institutions (the organizations, the companies) which are under authority of National academy of Sciences and national industry academies of Sciences, including their double subordination, education, reorganization which liquidation is performed according to the legislation.

2. In this Procedure terms are used in the value given in the Law of Ukraine "About scientific and scientific and technical activities".

3. Education, reorganization, liquidation of the public scientific institutions:

it is performed according to the legislation within the budgetary appropriations allocated to the central executive bodies in the presence of sufficient material and other resources;

it is approved with the Cabinet of Ministers of Ukraine on representation of the central executive body which provides forming and implements state policy in the respective sphere (further - the interested body).

4. The draft of the act of the Cabinet of Ministers of Ukraine of approval of creation, reorganization, liquidation of the public scientific institution is developed by the interested body in accordance with the established procedure and moves to the Cabinet of Ministers of Ukraine.

Are applied to the draft of the act:

reasons for creation, reorganization, liquidation of the public scientific institution (further - reasons);

recommendations (in case of availability) Interdepartmental council on coordination of basic and applied researches in Ukraine (further - Interdepartmental council).

5. In reasons are surely specified:

appointment, the purposes, tasks, the predicted social and economic effect, possible effects, including influence on development (development braking) of the corresponding branch of science and/or direction of scientific research;

confirmation that human, organizational, material, scientific, scientific and technical resources are involved in necessary and sufficient amounts;

offers with the corresponding calculations for financial and economic activities of the public scientific institution; data on sources of covering of the expenses connected with functioning of such organization and also their amounts;

information (in case of need) on observance of requirements of Item 7 of the Procedure for maintaining the Register of non-profitable organizations and organizations, inclusions of the non-profitable companies, organizations and organizations in the Register and exceptions of the Register approved by the resolution of the Cabinet of Ministers of Ukraine of July 13, 2016 No. 440 (The Official Bulletin of Ukraine, 2016, No. 56, the Art. 1945).

In case of reorganization, liquidations of the public scientific institution are applied to reasons:

extraction (statements) from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming with information on full name, the location and identification code;

data on results of scientific, scientific and technical, financial and economic activities for the previous three years;

the offer concerning the legal successor (legal successors) to whom, (which) the corresponding functions in case of reorganization, and in case of need information on its form of business will be transferred;

observance guarantees according to the labor law of the rights and interests of workers, including scientific which will be released.

6. Reasons go to Interdepartmental council for receipt of the recommendation.

The interdepartmental council in time which is not exceeding 30 calendar days makes the recommendation in which are specified line item concerning feasibility of education, reorganization, liquidation of the public scientific institution for carrying out in the priority directions of development of science and technology of the corresponding basic scientific research and effective use of their results in applied scientific research and scientific and technical developments and information on results of discussion of reasons by members for Interdepartmental council and their vote.

7. In case of creation, reorganization, liquidation of the public scientific institutions in system of military forming, intelligence agencies and law enforcement agencies:

the regulations determined by the paragraph the fourth item 4 and Item 6 of this Procedure are not applied;

content and amount of information which shall be specified in reasons according to Item 5 of this Procedure is determined by the interested body.

8. The public scientific institution is considered formed, reorganized or liquidated from the date of entering of the corresponding information about him into the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming.

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