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LAW OF UKRAINE

of December 24, 1993 No. 3814-XII

About National Archive Fund and archival organizations

(as amended on 20-09-2019)

This Law governs the relations connected with forming, accounting, storage and use of National Archive Fund and other main questions of archiving.

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

the archive document - the document irrespective of its type, type of the material data carrier, the place, time of creation and the storage location and pattern of ownership on it which stopped to perform functions for which it was created, but stored or subject to storage considering the importance for person, societies or the states or value for the owner also as object of personal estate;

the document of National Archive Fund - the archive document which cultural value is recognized as the corresponding examination and which is subject to the state accounting and storage;

National Archive Fund - set of the archive documents reflecting history of spiritual and material life of the Ukrainian people and other people, having cultural value and being property of the Ukrainian nation;

Examination of value of documents - comprehensive study of documents for the purpose of their entering into National Archive Fund or withdrawals from it, carrying out money value of documents of National Archive Fund, their reference to unique and establishments of storage durations of documents which are not subject to entering into National Archive Fund;

the unique document - the document of National Archive Fund which is of exclusive cultural value, important for forming of national consciousness of the Ukrainian people and determining it contribution to the world cultural heritage;

the personal archive document - the archive document created by physical person or it is direct it concerning;

archiving - the area of activity of society covering the scientific, organizational, legal, technological, economic and other issues of activities of legal entities and physical persons connected with accumulating, accounting, storage of archive documents and use of the data containing in them;

clerical work - set of the processes providing documentation of management information and the organization of work with in-house documents;

the archival organization, archive, archival division, archives department is respectively the organization or structural division providing accounting and storage of archive documents, use of the data containing in them, and forming of National Archive Fund and/or exercising control, research and information activities in the sphere of archiving and clerical work;

the public archival institution - the archival organization performing the activities at the expense of means of the Government budget of Ukraine;

private archival collection - collection of the archive documents which are property of one or several persons;

secret archive - archival organization which existence it is not declared publicly;

the user archive documents - physical person or legal entity which according to the legislation studies archive documents;

the help device - the reference books in any form (guides, inventories, catalogs, indexes, databases, nomenclatures put, etc.) intended for search of the archive documents or data containing in them;

the nomenclature of cases - the systematized list of names of the cases created in its clerical work, obligatory for each legal entity, with indication of storage durations of cases;

the archival reference - the document of archival organization processed according to the legislation, containing information on request subject based on archive documents with indication of their search data.

Article 2. Legislation of Ukraine on National Archive Fund and archival organizations

The legislation of Ukraine on National Archive Fund and archival organizations is based on the Constitution of Ukraine and consists of this Law and other regulatory legal acts of Ukraine adopted according to it.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other regulations, than those that are stipulated by the legislation Ukraine about National Archive Fund and archival organizations, regulations of the international treaty are applied.

Access to archival information of repressive bodies is established by the Law of Ukraine "About access to archives of repressive bodies of communist totalitarian regime of 1917-1991.

Article 3. State policy in the sphere of archiving and clerical work

The state guarantees conditions for storage, enhancement and use of National Archive Fund, assists world-class achievement in development of archiving and record keeping.

State policy in the sphere of archiving and clerical work is determined by the Verkhovna Rada of Ukraine.

The Cabinet of Ministers of Ukraine, other executive bodies, and also local government bodies provide carrying out state policy in the sphere of archiving and clerical work within the competence.

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