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Ministry of Justice of Ukraine

April 10, 2013

No. 584/23116

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of April 8, 2013 No. 656/5

About approval of Rules of work of archive organizations of Ukraine

(as amended on 12-06-2018)

According to article 22 of the Law of Ukraine "About National Archive Fund and archive organizations" and for the purpose of regulation of the main questions of functioning of the archive organizations of Ukraine performing forming, accounting, document storage of National Archive Fund and use of the data of PRIKAZYVAYU containing in them:

1. Approve Rules of work of archive organizations of Ukraine which are attached.

2. To department of interaction with authorities (Zerkal O. V.) to submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

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

4. To impose control over the implementation of this order on the Chairman of the Public archive agency of Ukraine Ginzburg O. P.

Minister

A. Lavrinovich

 

Approved by the Order of the Ministry of Justice of Ukraine of April 8, 2013 No. 656/5

Rules of work of archive organizations of Ukraine

І. General provisions

1.1. Rules of work of archive organizations of Ukraine (further - Rules) establish requirements concerning ensuring forming, accounting, storage and use of National Archive Fund (further - NAF) which documents are property of the state and property of territorial societies.

1.2. In these rules terms are used in such values:

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

the archive organization, archive, archive 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 NAF and/or the exercising control, research and information activities in the field of archiving and clerical work;

archive fund - the set of archive documents created by archive organization based on communication between documents and (or) their creators;

the audiovisual document - the document which contents are presented in the form of the image and (or) sound recording to fixation and (or) reproduction of which use the corresponding equipment;

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

sources of picking of archive - legal entities or physical persons which are creators or owners of the documents NAF which are subject to transfer to archive without fail or based on the agreement;

sources of forming of NAF - legal entities or physical persons which are creators or owners of documents of Fund;

the help device - the reference books in any form (guides, descriptions, directories, pointers, databases, nomenclatures put and so forth) intended for search of archive documents or the data containing in them;

documentary (documentary) fund - set of in-house documents, cumulative or collected in the course of activities of the legal entity, structure and which process of forming is determined by regulating documents;

examination of value of documents - comprehensive study of documents for the purpose of their entering into NAF or withdrawals from it, carrying out money value of documents NAF, their reference to unique and establishment of storage durations of the documents which are not subject to entering into NAF;

the electronic document - the document in which information is fixed in the form of electronic data, including obligatory details of the document;

picking zone - administrative and territorial unit in which there are legal entities and physical persons, and (or) the sphere of the public relations to which powers of the Public Records Office extend (archives department of the district, district state administration in the city of Kiev and Sevastopol, city council);

complex of scientific and technical documentation (further - the specifications and technical documentation) - set of documents which are formed in mining process of research problem (subject), designing of product of industrial production, technology of its production, designing of capital construction project, specifications and technical documentation accounting unit in fund;

the user archive documents - physical person or legal entity which according to the legislation gets acquainted with archive documents;

legal access to archive documents - set of the precepts of law determining access mode, procedure for receipt of permission to the admission to information with limited access;

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

classified documents - the documents containing the classified information on which obligatory details (security classification and registration number) are applied;

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

the creator of documents - the legal entity or physical person which created or collected documents of which the documentary fund is created;

fondosozdatel - legal entity or physical person as a result of which activities the archive fund is created documentary and respectively;

forming of NAF - systematic replenishment of NAF the documents having cultural value, and withdrawal from it of the documents which lost such value.

1.3. These rules are obligatory for accomplishment by the archive organizations storing documents NAF: the central and industry Public Records Offices, the Public Records Office in the Autonomous Republic of Crimea, the Public Records Offices of areas, cities of Kiev and Sevastopol, archives departments of district, district public administrations in the cities of Kiev and Sevastopol, archives departments of city councils, archive divisions of the public scientific institutions, and also the museums and libraries which are in the state-owned or utility property, archive organizations of National academy of Sciences (further - archives).

1.4. The public scientific institutions, the museums and libraries are guided by these rules in the part connected with functioning of NAF.

1.5. Requirements of these rules of regulations, rather general for archives, extend to the archives storing scientific and technical, audiovisual and electronic documents.

ІІ. Organization of forming of NAF and picking of archive

1. General principles of forming of NAF

1.1. NAF is created of archive documents of state bodies, local government bodies, the companies, organizations and the organizations of all patterns of ownership, and also archive documents of citizens and their associations.

1.2. NAF can be replenished with the documents of cultural heritage of Ukraine which are abroad and the documents of foreign origin concerning history of Ukraine on condition of receipt them on legal causes to Ukraine.

1.3. Forming of NAF in zone of picking of archive is performed through:

identification of sources of forming of NAF;

the organization of examination of value of the documents which are saved up in activities of legal entities and physical persons;

the organization of examination of value of the documents which are earlier entered to NAF.

2. Examination of value of documents

2.1. Archive documents enter to NAF and withdraw from it based on expertize of their value which is carried out at the initiative of the owner of documents or the public archive institution in case of the consent of the owner.

2.2. The owner of archive documents shall report in writing about their availability in archive in which picking zone it is.

Instantly report about need of conducting examination of value of documents for cases:

emergence of threat of destruction or considerable deterioration in condition of archive documents;

availability of archive documents since which creation there passed more than 50 years;

intentions to perform alienation of archive documents;

intentions to export archive documents out of limits of Ukraine.

Without conducting examination of value of documents their destruction is not allowed.

2.3. Consideration of the questions connected with examination of value of documents and adoption of relevant decisions, is within the competence of the commissions on conducting examination of value (further - commissions of experts):

The central expert checking commission (further - TsEPK) Ukrgosarkhiva;

the expert checking commissions of the central and industry Public Records Offices, National academy of Sciences, the Public Records Office in the Autonomous Republic of Crimea, the Public Records Offices of areas, the cities of Kiev and Sevastopol (further - EPK);

commissions of experts of archives departments of district, district public administrations, city councils, and also commissions of experts of state bodies, local government bodies, the companies, organizations and the organizations in the cities of Kiev and Sevastopol, irrespective of pattern of ownership, associations of citizens, the religious organizations (further - EK);

share procurement commissions of the museums which are in the state-owned or utility property (further - FZK);

expert valuation committees of the libraries which are in the state-owned or utility property (further - EOK).

2.4. Conducting examination of value of documents and education and activities of commissions of experts are performed according to the Procedure for education and activities of the commissions on conducting examination of value of documents approved by the resolution of the Cabinet of Ministers of Ukraine of August 08, 2007 No. 1004.

2.5. Solutions of commissions of experts draw up the protocol which is signed the chairman (in case of its absence - the deputy) and the secretary of the commission. The decision becomes effective from the moment of approval of the minutes of the commission by the head according to which solution it was formed.

2.6. Expertize of value of documents is carried out on the basis of complex use of the principles:

objectivity (evaluating documents on the basis of impartial approach);

historicism (accounting of features of time and place of creation of documents, general historical context);

comprehensiveness and complexity (studying of the relevant documents taking into account their place in complex of other documents)

and also criteria:

origins of documents (functional purpose of the legal entity (fondosozdatel), value of physical person (fondosozdatel) in lives of society, time and the place of creation of the document);

contents (the importance of information (uniqueness and typicalness) containing in the document, its repeating in other documents, document type, originality);

external signs (form of fixation and transfer of content, certification and features of execution of the document, condition of its safety).

2.7. During conducting examination of value of documents commissions of experts are guided by standard and industry lists of document types with the fixed terms of their storage approved according to the legislation, and also standard and industry lists of the document types which are subject to entering into NAF; approximate lists of the document types of personal origin which are not subject to entering into NAF, standard and approximate nomenclatures of cases; other regulatory legal acts concerning examination of value of documents.

2.8. EPK (EK) of archive organizationally provides conducting examination of value at the levels:

typological documentary complexes and document types;

documentary funds of legal entities and physical persons;

documents as a part of documentary funds of legal entities and physical persons;

documents as a part of NAF for the purpose of refining of their belonging to NAF or withdrawal from it, their reference to unique, carrying out their money value.

2.9. Examination of value of typological documentary complexes and document types is directed to creation of normative guidelines manuals by assessment and selection of documents to NAF and is performed through studying by archive:

the documentary complexes which collected during activities of legal entities related on functional purpose;

the document groups formed in the course of documentation of certain functions of legal entities in each field of activity.

2.10. By results of examination of value perform:

determination of typological categories of legal entities - sources of forming of NAF and category of fondosozdatel of continuous and selective acceptance in zone of picking of archive;

approval of standard and approximate nomenclatures of cases of legal entities, homogeneous on nature of activities, - sources of forming of NAF which are in zone of picking of archive.

2.11. Examination of value of documentary funds of legal entities and physical persons is directed to identification of sources of forming of NAF in zone of picking of archive.

2.12. Reference of legal entities and physical persons to sources of forming of NAF is performed based on use of criteria and characteristics:

for the legal entity:

functional purpose of the legal entity, taking into account its importance in the corresponding industry or field of activity, type and the scale of its activities;

completeness of information display about its activities in archive funds of other legal entities;

values of the documents created by the legal entity;

for physical person:

extents of influence of physical person on development of society or its separate industries and spheres of life activity;

values of physical person as representative of the social group or as witness, participant of historical events;

related, friendly, creative bonds, place of employment, position;

typicalness of archive documents of physical person for era (documents of ordinary citizens);

values of the archive documents collected by physical person.

2.13. The help (expert output) about conducting examination of value of documents concerning reference or not reference of fondosozdatel to sources of forming of NAF is submitted for consideration of EPK and/or EK of archive.

2.14. Examination of value of documents as a part of documentary funds of legal entities and physical persons is directed to selection of the documents which are subject to entering into NAF, determination of storage durations of the documents which are not subject to entering into NAF, and also withdrawals for destruction of the documents which are not subject to entering into NAF and lost practical value.

2.15. Systematically will organize examination of value of the documents formed in clerical work of the legal entity and carries out EK (FZK, EOK) of this legal entity and submits drafts of the following documents for consideration of EK (EPK) of archive in which zone of picking is: nomenclatures of cases, inventories of cases (documents) of permanent storage, inventories of cases on personnel problems (staff), acts of withdrawal for destruction of the documents which are not entered to NAF.

2.16. EK (EPK) of archive coordinates carrying out EK (FZK, EOK) of the legal entity of preliminary expert examination of value of their documents, checks its results and gives organizational and methodical help in its carrying out.

2.17. Entering of documents of legal entities and physical persons into NAF is performed based on the decision of EPK on approval of the inventory of cases of permanent storage and its approval in the established Ukrgosarkhivy procedure.

2.18. For the purpose of refining of their belonging to NAF or withdrawal of documents from it the archive performs examination of value of documents NAF:

in case of receipt of documents in the disorder condition (in case of force majeure);

in case of the termination of terms of temporary storage of archive documents the, including documents on personnel problems (staff) which arrived on storage from the liquidated organizations;

during revamping of the inventories constituted earlier;

in case of identification: doublet documents (the replicated copies of one document, identical on content, which are stored in one archive organization), documents of temporary storage duration, and also documents which document information is lost.

2.19. By results of examination of value of the documents which arrived in the disorder condition, the archive concludes projects:

inventories of cases of permanent storage in the form given in appendix 1;

the act of return of documents to the owner in the form given in appendix 2;

the act of withdrawal for destruction of the documents which are not entered to NAF in the form given in appendix 3.

By results of examination of value of documents of temporary storage and on personnel problems (staff) the archive concludes the draft of the act of withdrawal for destruction of the documents which are not entered to NAF.

2.20. By results of target studying of documents for the purpose of detection of doublet documents (the replicated copies of one document, identical on content), the documents of temporary storage duration entered to NAF it is wrong, and also documents which document information is lost and is not subject to renewal in the initial or brought closer to it type, the archive constitutes: drafts of acts of detection of the documents which are not concerning fund, archive about withdrawal of documents from NAF in the forms given in appendices 4 and 5.

2.21. EK (EPK) of archive gives organizational and methodical help to EK (FZK, EOK) of the legal entity in conducting examination of value for detection of doublet documents (the replicated copies of one document, identical on content), the documents of temporary storage duration entered to NAF it is wrong, and also documents which document information is lost and is not subject to renewal in the initial or brought closer to it type, and also carries out expertize of archival value, stored at physical persons, in case of the consent of their owner.

2.22. It is not allowed to withdraw documents from NAF:

based on confidentiality or privacy of information containing in them;

created during the period till 1946;

for political or ideological reasons.

2.23. EK (EPK) of archive approves and submits on approval of TsEPK acts of withdrawal from NAF of the documents which are stored in archive at the legal entities and physical persons which are in zone of its picking. After approval of TsEPK of acts of withdrawal of documents from NAF documents strike off the register in archive and destroy.

Document transfer for destruction draw up acceptance delivery note with indication of date of transfer, the number of cases and weight of waste paper. Shipment and export of waste paper from archive perform under control of his workers. Destruction of the archive documents containing confidential information is carried out in the presence of representatives of archive.

2.24. Reference of documents NAF to unique perform by their identification, conducting examination of value, the description and entering into the State register of national cultural heritage, according to Procedure for reference of documents of National Archive Fund to unique, their accounting and storage, the approved resolution of the Cabinet of Ministers of Ukraine of August 08, 2007 No. 1004.

2.25. Reference of documents NAF to unique is performed based on criteria of origin, content, external signs. The document NAF can be acknowledged unique on set of criteria and characteristics.

2.26. By results of detection of documents NAF which can be carried to unique the archive concludes drafts of the annotated lists of unique documents NAF.

2.27. EK (EPK) of archive gives organizational and methodical help to EK (FZK, EOK) in conducting examination of value of documents NAF which are stored in archive divisions of legal entities, for the purpose of identification such which can be carried to unique, and also carries out detection of documents NAF which can be carried to unique, at physical persons in case of the consent of their owner.

2.28. EK (EPK) of archive approves and submits drafts of the annotated lists of unique documents NAF which are stored in archive, at the legal entities and physical persons which are in zone of its picking on approval of TsEPK.

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