RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 8, 2013 No. 257

Some questions of legalization of computer programs which are used in executive bodies

Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for use in 2013 for the means provided in the government budget for implementation of actions for legalization of computer programs which are used in executive bodies which is applied.

2. Bring in resolutions of the Cabinet of Ministers of Ukraine of March 4, 2004 No. 253 "About approval of the Procedure for legalization of computer programs in executive bodies" (The Official Bulletin of Ukraine, 2004, No. 10, Art. 586; 2008, No. 37, Art. 1231; 2011, No. 71, the Art. 2673) and of October 9, 2006 No. 1404 "Questions of advance payment of goods, works and services which are bought for budgetary funds" (The Official Bulletin of Ukraine, 2006, No. 41, by the Art. 2752, No. 51, Art. 3406; 2007, No. 53, Art. 2157; 2008, No. 69, Art. 2322, No. 70, Art. 2355; 2010, No. 39, Art. 1307, No. 70, Art. 2529, No. 91, Art. 3222; 2011, No. 47, Art. 1908, No. 98, Art. 3574, No. 101, Art. 3713; 2012, No. 24, the Art. 906) changes which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 8, 2013, No. 257

Procedure for use in 2013 of the means provided in the government budget for implementation of actions for legalization of computer programs which are used in executive bodies

1. This Procedure determines the mechanism of use of the means provided in the government budget in 2013 according to the "Actions for Legalization of Computer Programs Which Are Used in Executive Bodies" program (further - budgetary funds).

2. The main manager of budgetary funds is the Ministry of Education and Science, the manager of budgetary funds of the lowest level and the executive in charge of the budget program - Public service of intellectual property.

3. Budgetary funds are allocated for purchase of licensed copies of computer programs for further replacement of non-licensed copies of such programs which are used in executive bodies, on licensed taking into account need of accomplishment of the budget obligations of the last years registered in bodies of Treasury in case of their compliance to the passport of the budget program.

4. The direction of budgetary funds is not allowed on:

purchase of goods, works and services which are directly not connected with implementation of actions for legalization of computer programs which are used in executive bodies;

payment of intermediary services;

financing of actions for which holding expenses according to other budget programs are provided;

implementation of actions which purpose is profit earning.

5. For the purpose of determination of need for licensed copies of computer programs of the ministry, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations give till May 1, 2013 by results of the inventory count which is carried out in the current year, Public service of intellectual property of the request to which are applied:

1) the list of copies of computer programs which are on balance and those which are not subject to legalization in connection with moral obsolescence, discrepancy to functional tasks of executive bodies, to requirements concerning information security and so forth and will be taken out of service until the end of the current year, with indication of number of copies;

2) the list of copies of computer programs which need to be legalized, with indication of number of copies;

3) data on amount of the means provided by executive bodies according to the appropriate budget programs for implementation of actions for legalization of computer programs and the list of copies of computer programs which will be acquired at the expense of such means, with indication of number of copies;

4) the other information connected with implementation of actions for legalization of computer programs on the form established by the Ministry of Education and Science.

6. Public service of intellectual property according to proposals of the interdepartmental working group on questions of the legalization of computer programs formed according to the resolution of the Cabinet of Ministers of Ukraine of March 4, 2004 No. 253 "About approval of the Procedure for legalization of computer programs in executive bodies" (The Official Bulletin of Ukraine, 2004, No. 10, the Art. 586), based on information specified in Item 5 of this Procedure determines:

1) total quantity of copies of computer programs which are subject to legalization in executive bodies;

2) the number of copies of computer programs which are subject to legalization in the current year, by executive bodies.

7. Replacement of non-licensed copies of computer programs by licensed is performed by executive bodies in proportion to the applications submitted by them.

8. The list of licensed copies of computer programs and executive bodies for which such copies will be acquired affirms the Ministry of Education and Science and is posted on its official website.

9. Purchase of goods, works and services at the expense of budgetary funds is performed in the procedure established by the law.

Advance payment of such goods, works and services is carried out in the amount of 10 percent of their cost.

10. Public service of intellectual property on the results of the procedure of purchase of goods, works and services concludes with the winner of procurement procedure (further - the contractor) the purchase agreement (further - the agreement) which surely joins conditions relatively:

non-admissions of inclusion in job cost and services of expenses which are directly not connected with accomplishment of such works and provision of services, or unreasonable increase in their cost;

possibilities of adjustment of the amount determined in the agreement in case of reduction of amount of budget settings;

ensuring provision before the termination of calendar year of services in the amount provided by the agreement;

responsibility of the contractor for violation of terms of accomplishment of terms of the contract;

applications of penalties for failure to carry out or untimely accomplishment of obligations;

acceptances transfers of licensed copies of computer programs (acceptance transfer is performed to the addresses determined in the agreement; during acceptance transfer presence of representatives of the contractor and executive bodies is obligatory);

provisions by the contractor of free technical, consulting support to executive bodies which use licensed copies of computer programs.

The agreement cannot include requirements concerning introduction of service fee for installation of computer programs and other similar services, and also concerning provision by executive bodies of information on technical equipment and computer programs to person who has exclusive right to resolve use of computer programs, to his partners and other subjects.

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