ORDER OF THE MINISTRY OF CULTURE OF UKRAINE

of May 22, 2017 No. 439

About approval of the Regulations on Advisory council concerning non-material cultural heritage under the Ministry of Culture of Ukraine

According to the subitem 8 of Item 4, to Item 11 of the Regulations on the Ministry of Culture of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of September 3, 2014 No. 495 (with changes), I order:

1. Approve Regulations on Advisory council concerning non-material cultural heritage under the Ministry of Culture of Ukraine which is applied.

2. To management of strategic planning and development (Lavro E. V.) provide submission of this order on state registration in the Ministry of Justice of Ukraine.

3. Declare invalid the order of the Ministry of Culture of Ukraine of October 3, 2013 No. 932 "About approval of the Regulations on Advisory council concerning non-material cultural heritage under the Ministry of Culture of Ukraine", registered in the Ministry of Justice of Ukraine on October 21, 2013 at No. 1794/24326.

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

5. To impose control of execution of this order on the state secretary Karandeev R. V.

Approved by the Order of the Ministry of Culture of Ukraine of May 22, 2017 No. 439

Regulations on Advisory council concerning non-material cultural heritage under the Ministry of Culture of Ukraine

I. General provisions

1. This Provision determines procedure for education and activities of Advisory council concerning non-material cultural heritage under the Ministry of Culture of Ukraine (further - Advisory council).

2. In this Provision the terms "potential conflict of interest", "real conflict of interest" are used in the values given in the Law of Ukraine "About prevention of corruption".

3. The advisory council is the permanent advisory advisory body of Ministry of culture formed for the purpose of preparation of offers on forming and realization of state policy in the sphere of non-material cultural heritage, ensuring professional approach to the problem resolution of development of this sphere.

4. In the activities the Advisory council is guided by the Constitution of Ukraine and the laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, the Convention of UNESCO on the protection of non-material cultural heritage ratified by the Law of Ukraine "About accession of Ukraine to the Convention on protection of non-material cultural heritage "of March 6, 2008 No. 132-VI (further - the Convention), other acts of the legislation of Ukraine, including this Provision.

5. The decision on creation or liquidation of Advisory council, its quantitative and members affirm orders of Ministry of culture every two years.

6. The structure of Advisory council is created of number of highly skilled experts specialists in the field of protection of non-material cultural heritage.

7. The advisory council is effective as a part of no more than 18 people.

8. Work of Advisory council is carried out on a voluntary basis.

9. The main objectives of Advisory council are:

provision of recommendations and offers on ensuring protection of non-material cultural heritage;

discussion of the major programs and projects concerning non-material cultural heritage;

consideration and participation in development within competence of programs, projects, concepts, offers, etc. on protection of non-material cultural heritage and international cooperation of this sphere;

consideration of drafts of regulatory legal acts concerning non-material cultural heritage;

consideration of materials and preparation of recommendations about inclusion of elements of non-material cultural heritage in the list of elements of non-material cultural heritage of Ukraine (further - the list) and modification of it;

participate in:

determination of degree of viability of the elements of non-material cultural heritage recommended for inclusion in the List or exceptions of it based on information submitted for consideration of Advisory council;

consideration of the draft documents prepared for representation for consideration of UNESCO and provision of expert opinions on elements of non-material cultural heritage for inclusion in the representative list of UNESCO and the list that needs urgent protection of UNESCO";

the organization and carrying out working meetings, conferences, round tables concerning realization in Ukraine of provisions of the Convention and actions for protection of non-material cultural heritage of Ukraine;

other activities connected with realization in Ukraine of provisions of the Convention.

10. The advisory council has the right:

participate in holding seminars, conferences, round tables and other actions;

receive from Ministry of culture drafts of regulatory legal acts and other documents concerning protection of non-material cultural heritage;

receive from central and regional authorities information which concerns questions of protection of non-material cultural heritage and protection of the elements of non-material cultural heritage included in the representative list of UNESCO, the list needing urgent protection of UNESCO and the List;

form commissions of experts (if necessary).

11. The member of Advisory council shall:

to participate personally in work of Advisory council;

be present at meetings of Advisory council;

be objective and impartial during the vote;

approve with the chairman (vice-chairman) of Advisory council of operation which is performed according to the order or on behalf of Advisory council;

take measures for implementation of decisions of Advisory council;

not allow conflict of interest;

report about availability of conflict of interest.

12. Improper execution by the member of Advisory council of the obligations is the basis for deprivation of its powers and exception of staff of Advisory council.

The decision on exception of structure of Advisory council is made at meeting of Advisory council in the following cases:

absence of the member of Advisory council without valid excuse at meetings of Advisory council more than three time in a row or absence more than at half of meetings of Advisory council within year;

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