About The Development And Placement Of State Orders For Training, Scientific, Scientific-Pedagogical And Workforce, Improvement Of Professional Skill And Retraining Of Personnel

Original Language Title: Про формування та розміщення державного замовлення на підготовку фахівців, наукових, науково-педагогічних та робітничих кадрів, підвищення кваліфікації та перепідготовку кадрів

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/5499-17

Law of Ukraine on formation and placement of State orders for training, scientific, scientific-pedagogical and workforce, improvement of professional skill and retraining of personnel (Supreme Council (BD), 2004, no. 1, item 6) this Act regulates the peculiarities of the relations arising in connection with the formation and placement of State orders for training, scientific, scientific-pedagogical and workforce, improvement of professional skill and retraining of personnel.

Article 1. Definition of terms 1. In this law, the terms used in the following meaning: 1) public order training, scientific, scientific-pedagogical and workforce, improvement of professional skill and retraining of personnel (hereinafter-State order)-a means of State regulation of the needs of the economy and society in qualified personnel, improvement of the educational and scientific potential of the nation, ensuring the constitutional right of citizens to education according to their vocations, interests and abilities;

2) State customer-Ministry, other central executive bodies, the National Academy of Sciences of Ukraine, branch of the National Academy of Sciences, the Council of Ministers of Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations, other specified by the Cabinet of Ministers of Ukraine the State organ of the Chief Administrator of budget funds;

3) contractor of the State order-higher vocational educational institution, institution of postgraduate education, a scientific institution of the State and municipal property, which underwent competitive selection and that concluded the State contract for training, scientific, scientific-pedagogical and workforce, improvement of professional skill and retraining of personnel for the Government order.

Article 2. The formation of the State order 1. The State order is formed by a central body of the Executive power, which provides forming and implementing State policy in the field of public order, at the request of the central body of the Executive power, which provides forming and implementing State policy in the sphere of education, and other government customers taking into account their medium-term forecast of needs in specialists and labour on the labour market and the volume of expenditures of the State budget of Ukraine for the specified purpose.

Coordination of the activities of government customers on and execution of State order is carried out by the central body of the Executive power, which provides forming and implementing State policy in the sphere of the State order.

2. Mid-term forecast needs in specialists and labour in the labour market (hereinafter-the mid-term forecast) consists of a central body of the Executive power, which provides forming and implementing State policy in the field of public order, on the basis of data provided by the central body of the Executive power, which provides implementation of State policy in the field of statistics, taking into account the proposals of other central executive bodies, the Council of Ministers of the Autonomous Republic of Crimea, regional , Kyiv and Sevastopol City State administrations, the National Academy of Sciences of Ukraine, branch of the national academies of Sciences, other budgetary institutions, the joint representative body of national trade unions and trade union associations, as well as the joint representative body side of the employers at the national level.

For preparing medium-term forecast and refine its indicators of central executive bodies, the Council of Ministers of Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations, National Academy of Sciences of Ukraine, branch of the National Academy of Sciences, the joint representative body of national trade unions and trade union associations, as well as the joint representative body, the side of employers nationally served by September 15 of this year, the central body of the Executive power, which provides forming and implementing State policy in the sphere of State order , statistical and other information.

Mid-term forecast is composed in accordance with the methodology approved by the central body of the Executive power, which provides forming and implementing State policy in the sphere of the State order.

The central body of the Executive power, which provides forming and implementing State policy in the field of public order, to November 1, 2006 mid-term forecast State customers.

3. Government customers are served until 1 December of this year, the central body of the Executive power, which provides forming and implementing State policy in the field of public order, State order to a project proposal for the next year and the planned for the next two budget periods in natural and monetary terms according to the approved criteria in terms of educational levels, disciplines and specializations tailored to medium term forecast.

The central body of the Executive power, which provides forming and implementing State policy in the sphere of State order, determines the reduced project volumes of Government order, submit them to the central body of the Executive power with the formulation and implementation of State fiscal policy for including them in the draft law on State budget of Ukraine for the relevant year.


4. Government customers after the enactment of the law on State budget of Ukraine for the relevant year and serves the central body of the Executive power, which provides forming and implementing State policy in the field of public order, State order to a project proposal for the planned year of definition of the indicators of the average annual manpower, have estimated the average cost of training one skilled worker, specialist, doctoral, PhD, as well as the volume of expenditure provided by the State budget of Ukraine for specified purposes and the appropriate justification provided.

5. the Estimated average cost of training one skilled worker, specialist, doctoral, PhD is calculated according to the methodology approved by the Cabinet of Ministers of Ukraine.

6. the procedure for the formation of the Government order, which involves, in particular, the mechanism of making the medium term forecast, approved by the Cabinet of Ministers of Ukraine.

7. State the order together with the ' general terms of natural indicators of the State order for the educational qualification and scientific levels on the following planned two budget periods each year, approved by the decision of Cabinet of Ministers of Ukraine.

In case of need for amending the approved volume of the State order for the current year state customers served not later than November 1, indicated the year of the central body of the Executive power, which provides forming and implementing State policy in the sphere of State order, the appropriate proposals.

Changes to natural indicators public order without increasing their total amounts for educational qualification and scientific levels provides the central body of the Executive power, which provides forming and implementing State policy in the field of public order, for the effective representation of the State of the customer. Making other changes in the volume of the State order is carried out by the Cabinet of Ministers of Ukraine by the central body of the Executive power, which provides forming and implementing State policy in the sphere of the State order.

Article 3. Placement of State orders 1. Placing the State ordering Government customers on a competitive basis (except as provided by part 2 of this article) in the order determined by the Cabinet of Ministers of Ukraine by the central body of the Executive power, which provides forming and implementing State policy in the sphere of education.

2. placing the State ordering Government customers without tendering in the case: providing defense, State security and the protection of the State border, the armed forces of Ukraine, security service of Ukraine and other military formations, and law enforcement authorities, civil protection services, organization and order of activities of which are defined by the law;

provision of training for relevant specialty one educational institution in accordance with the provided license;

the presence of specific agreements on the provision of educational services between the institution and the customer.

3. State the customer concludes with the contractor of the Government order the State contract, which are determined by economic and legal obligations of the parties and shall be governed by the relationship of the customer and the contractor.

Article 4. Final provisions 1. This law shall come into force on January 1, 2013, in addition to paragraph 3 of this article, which shall enter into force on the day following the day of publication of this law.

2. To amend the part of article 12 of the law of Ukraine "on education" (Supreme Council of Ukraine, 1996, no. 21, item 84; of 1998, no. 48, item 297): ninth paragraph spell out in this Edition: "forms and places public order training of higher education and scientific and scientific-pedagogical personnel in the manner prescribed by law."

3. the Cabinet of Ministers of Ukraine for three months: to bring their regulations into conformity with this Act;

ensure the review and enforcement of ministries and other central bodies of executive power of their regulations into conformity with this Act.

Ukrainian President Viktor Yanukovych, Kiev November 20, 2012 # 5499-VI