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LAW OF UKRAINE

of November 20, 2012 No. 5499-VI

About forming and placement of the state order on training of specialists, scientific, scientific and pedagogical and personnel, advanced training and retraining of personnel

This Law regulates features of the relations which arise in connection with forming and placement of the state order on training of specialists, scientific, scientific and pedagogical and personnel, advanced training and retraining of personnel.

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) the state order on training of specialists, scientific, scientific and pedagogical and personnel, advanced training and retraining of personnel (further - the state order) - means of state regulation of requirements satisfaction of economy and society in qualified personnel, increases in educational and scientific potential of the nation, ensuring constitutional right of citizens on education according to their callings, interests and capabilities;

2) the state customer - the ministry, other central executive body, National academy of Sciences of Ukraine, industry national academies of Sciences, the Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations determined by the Cabinet of Ministers of other Ukraine state body - the main manager of budgetary funds;

3) the contractor of the state order - the highest, professionalnotekhnichesky educational institution, post-qualifying education institution, scientific institution of the state and municipal pattern of ownership which underwent competitive selection and with which the public contract on training of specialists, scientific, nauchnopedagogichesky and personnel, advanced training and retraining of personnel according to the state order is signed.

Article 2. Forming of the state order

1. The state order is created by the central executive body which provides forming and realizes state policy in the sphere of the state order, on representation of the central executive body which provides forming and realizes state policy in education, and other state customers taking into account the mid-term forecast of need for specialists and personnel in the labor market and amounts of expenses of the Government budget of Ukraine on the specified purposes.

Coordination of activities of the state customers concerning placement and accomplishment of the state order is performed by the central executive body which provides forming and realizes state policy in the sphere of the state order.

2. The mid-term forecast of need for specialists and personnel in the labor market (further - the mid-term forecast) is constituted by the central executive body which provides forming and realizes state policy in the sphere of the state order, based on the data provided by the central executive body which provides realization of state policy in the sphere of statistics, taking into account offers of other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, National academy of Sciences of Ukraine, industry national academies of Sciences, other budgetary institutions, joint representative body of All-Ukrainian labor unions and trade-union associations, and also joint representative body of the party of employers at the national level.

For creation of the mid-term forecast and refining of its indicators the central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, National academy of Sciences of Ukraine, industry national academies of Sciences, joint representative body of All-Ukrainian labor unions and trade-union associations, and also joint representative body of the party of employers at the national level give till September 15 of the current year to the central executive body which provides forming and realizes state policy in the sphere of the state order, statistical and other data.

The mid-term forecast is constituted according to the technique approved by the central executive body which provides forming and realizes state policy in the sphere of the state order.

The central executive body which provides forming and realizes state policy in the sphere of the state order leads up till November 1 of the current year the mid-term forecast to the state customers.

3. The state customers give till December 1 of the current year to the central executive body which provides forming and realizes state policy in the sphere of the state order, offer in the draft of the state order for the year and the next two budget periods following for planned in natural and cost expressions according to the approved criteria by educational and qualification levels, knowledge domains and specialties taking into account the mid-term forecast.

The central executive body which provides forming and realizes state policy in the sphere of the state order determines summary project amounts of the state order, gives them to the central executive body on forming and ensuring realization of the state budget policy for their inclusion in the bill on the Government budget of Ukraine for the corresponding year.

4. The state customers after the introduction for the corresponding year give to operation of the law on the Government budget of Ukraine to the central executive body which provides forming and realizes state policy in the sphere of the state order, offer in the draft of the state order for planned year with measure definition of annual average number, estimated average cost of training of one skilled worker, specialist, graduate student, doctoral candidate, and also amounts of the expenses provided by the Government budget of Ukraine on the specified purposes, and the corresponding reasons concerning the provided offers.

5. Estimated average cost of training of one skilled worker, specialist, graduate student, doctoral candidate is calculated according to the technique approved by the Cabinet of Ministers of Ukraine.

6. The procedure for forming of the state order which provides, in particular, the mechanism of creation of the mid-term forecast affirms the Cabinet of Ministers of Ukraine.

7. The state order together with forecast total amounts of natural indicators of the state order on obrazovatelnokvalifikatsionny and scientific levels on the following behind planned two budget periods annually affirm the separate decision of the Cabinet of Ministers of Ukraine.

In case of need for modification of the approved amounts of the state order the current year the state customers give not later than November 1 of the specified year to the central executive body which provides forming and realizes state policy in the sphere of the state order, relevant proposals.

Modification of natural indicators of the state order without increase in their total amounts on educational and qualification and scientific levels performs the central executive body which provides forming and realizes state policy in the sphere of the state order, on reasonable representation of the state customer. Entering of other changes into amounts of the state order is performed by the Cabinet of Ministers of Ukraine on representation of the central executive body which provides forming and realizes state policy in the sphere of the state order.

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