of June 21, 2012 No. 4999-VI
About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine
This Law determines procedure for accomplishment of programs of Global fund dly fight against AIDS, tuberculosis and malaria (further - Global fund) in Ukraine.
1. In this Law the stated below terms are used in such value:
the grant - means of Global fund which are provided to the main recipient (the main recipients) on free and irretrievable basis (irretrievable financial aid) for implementation of target actions in the sphere of prevention and counteraction to HIV infection/AIDS, tuberculosis in Ukraine and is the charitable help;
the agreement on provision of grant - the agreement signed between Global fund and the main recipient for the purpose of accomplishment of the program (part of the program) of Global fund;
The national coordinator - the Cabinet of Ministers of Ukraine;
the main recipient - the legal entity (resident) who meets the requirements established by Global fund, and determined in the request of the National coordinator for the purpose of accomplishment of the program of Global fund;
subgrant - part of grant which is provided by the main recipient to the subrecipient on free and irretrievable basis (irretrievable financial aid) for implementation of target actions in the sphere of prevention and counteraction to HIV infection/AIDS, tuberculosis;
the subrecipient - determined by the main recipient according to the procedure, established by Global fund, the legal entity (resident) who takes part performed by the agreement on provision of grant. Between the main recipient and the subrecipient the agreement on provision of subgrant is signed.
1. The actions provided by programs of Global fund are considered in case of development of the state target programs in the sphere of prevention and counteraction to HIV infection/AIDS, tuberculosis.
1. National coordinator:
promotes the approved activities of executive bodies, public and charitable organizations, companies, organizations and organizations in the sphere of counteraction to HIV infection/AIDS, tuberculosis;
will organize submission of national requests to Global fund from Ukraine and controls implementation of target actions according to programs of Global fund;
promotes development of effective partnership and attraction to accomplishment of programs of Global fund of public authorities, the companies, organizations and the organizations, in particular public and charitable, and donors;
promotes realization of multisectoral approach to accomplishment of the programs provided by agreements on provision of grant, to coordination of the directions and amounts of financial aid in the sphere of counteraction to tuberculosis and HIV infection/AIDS from different donors;
determines the main recipient (the main recipients) and exercises supervision of use of grant, including assessment of activities of the main recipient (the main recipients), approves changes in programs of Global fund.
1. Grants are received for the purpose of implementation of actions in the sphere of prevention and counteraction to HIV infection/AIDS, tuberculosis based on the request of the National coordinator approved by Global fund.
2. Public authorities and local government bodies or the companies founded by them, organizations and the organizations can act as the main recipients (subrecipients) of grants (subgrants) and receive free of charge from recipients (subrecipients) of service and property, acquired for means of grant (subgrant).
3. Receipt of grants (subgrants) by public authorities is not financial provision of activities of system of executive bodies which are performed according to the laws of Ukraine "About sources of financing of public authorities" and "About the central executive bodies" and is performed according to this Law.
4. For the purpose of receipt of grants (subgrants) the main recipients (subrecipients) open in banks in accordance with the established procedure separate special accounts in foreign and national currency.
5. If the main recipient (subrecipient) is the manager of budgetary funds, accounts in national currency are opened in bodies of the Public treasurer service of Ukraine.
6. Means in hryvnias from sale in the interbank foreign exchange market of the foreign currency received as grant (subgrant) are enlisted into separate special accounts of the main recipient (subrecipient) in national currency.
1. Use of grant is performed according to the agreement on provision of grant.
2. The main recipient can transfer according to the agreement on provision of subgrant to account the subrecipient part of grant as advance payment, in particular in foreign currency.
3. The foreign currency which is enlisted into the account in foreign currency of the main recipient (subrecipient) is not subject to obligatory sale in the interbank foreign exchange market and is used only for purpose.
4. The means in foreign and national currency received as grant (subgrant) which are considered on accounts of the main recipient (subrecipient):
are not subject to arrest and forced write-off and/or collection by the bodies authorized on it;
are used only on the purposes determined by the agreement on provision of grant (subgrant) including for money transfer to subrecipients.
Percent which are charged on remaining balance of grants (subgrants) in foreign and national currency are used by exclusively main recipient (subrecipient) for purpose.
5. The grant (subgrant) received by the manager of budgetary funds joins in special fund of the government or local budget and is used taking into account provisions of the budget legislation.
In case of receipt of grant (subgrant) the manager of budgetary funds makes in the procedure established by the budget legislation changes to the estimate.
The grant (subgrant) received by public authority, local government body or the company founded by it, organization or the organization goes according to the agreement on provision of grant and recommendations of Global fund on:
purchase of goods, works and services;
salary payment and/or employee benefits and/or to persons who are involved in accomplishment of the program of Global fund (except government employees) taking into account taxes and fees (obligatory payments) which are paid along with salary payment and/or remunerations, and single fee on obligatory national social insurance;
compensation for expenses, the persons connected with business trip involved in agreement performance about provision of grant (subgrant);
covering of the administrative expenses connected with agreement performance about provision of grant (subgrant);
covering of other expenses connected with agreement performance about provision of grant (subgrant).
The expenses connected with business trip within Ukraine and abroad persons involved in accomplishment of the program of Global fund are provided by the agreement on provision of grant (subgrant).
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