ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of January 4, 2019 No. 8

About approval of the Regulations on the commission on accreditation of the organizations of collective management

According to part one of article 16 of the Law of Ukraine "About effective management of property rights of owners in the sphere of copyright and (or) the related rights" PRIKAZYVAYU:

1. Approve Regulations on the commission on accreditation of the organizations of collective management which are applied.

2. To provide to department of intellectual property in the procedure established by the legislation submission of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of this order on the deputy minister Titarchuk M. I.

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of January 4, 2019 No. 8

Regulations on the commission on accreditation of the organizations of collective management

I. General provisions

1. This Provision determines procedure for forming, term of office and rules and procedures of activities of the commission on accreditation of the organizations of collective management (further - the commission), and also the rights and obligations of her members.

2. The commission is permanent joint advisory advisory body of the Ministry of Economic Development, within the powers determined by the Law of Ukraine "About effective management of property rights of owners in the sphere of copyright and (or) the related rights" holds open tender on determination of the accredited organization of collective management.

3. The commission in the activities is guided by the Constitution of Ukraine, the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine accepted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, this Provision and other acts of the legislation.

4. The term of office of the commission constitutes three years from the date of statement of its structure.

II. Structure and structure of the commission, right and obligation of her members

1. The commission consists of eight members.

Are part of the commission:

The first vice-Prime Minister of Ukraine - the Minister of Economic Development and Trade of Ukraine (or the deputy minister) - the commission chairman;

from the Ministry of Economic Development - one person;

from Ministry of culture - one person;

from National council of Ukraine concerning television and broadcasting - one person;

from public associations, associations representing users - one person;

from public associations, associations, the creative unions representing owners - one person;

from the international organizations in the sphere of copyright or from the international organizations in the sphere of the related rights - two persons who participate in consideration of questions according to their competence.

2. The public associations, associations, the creative unions representing owners, the public associations, associations representing users and also the international organizations in the field of copyright or the international organizations in the sphere of the related rights delegate the members for participation in work of the commission in the respective area of accreditation to structure of the commission.

3. The structure of the commission is created by the Ministry of Economic Development. Changes are made to structure of the commission on representation of the commission chairman and affirm the order of the Ministry of Economic Development.

4. Members of the commission shall act on the principles of impartiality, no conflict of interest and collective nature in decision making.

5. The commission chairman will organize its work and bears responsibility for accomplishment of the tasks and functions assigned to the commission, presides over its meetings and determines circle of the questions which are subject to consideration.

The commission chairman determines functions of each member of the commission. In the absence of the commission chairman its duties are fulfilled by the vice-chairman of the commission.

6. Members of the commission have the right:

1) to get acquainted with the materials given for consideration of the commission, to participate in their studying and check;

2) to submit proposals, to express own opinion on questions which are considered;

3) to participate in decision making by vote;

4) to express the special opinion which is drawn up in writing;

5) to make offers in the agenda of commission session.

7. Members of the commission shall:

1) to participate in work of the commission personally, without the right of delegation of the powers on participation in commission sessions and voting power at such meetings to other persons, including other members of the commission. Members of the commission participate in its work on a voluntary basis and on a grant basis;

2) not to disclose data which became known to them in connection with participation in work of the commission and not to exploit them or interests of the third parties;

To carry out 3) in the limits provided by this Provision, orders of the commission chairman.

8. Openness of commission sessions is provided by open entry of representatives of public associations, associations, creative unions representing users and owners, and the invited persons without the right of performance and voice on commission sessions.

Specified persons can be present at commission session with registration which is performed in day of holding meeting on condition of presentation of the identity document.

9. Improper execution by the member of the commission of the obligations is the basis for its exception of structure of the commission.

10. In case of improper execution by the member of the commission of the obligations the commission by the direction of the relevant protocol of its meeting or the statement from it notifies the First vice-Prime Minister of Ukraine - the Minister of Economic Development and Trade of Ukraine on need of the solution of question of replacement of this member of the commission.

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