LAW OF UKRAINE
On Introduction of Changes to the Law of Ukraine
On the National Archival Fond and Archival Institutions
(Vidomosti Verkhovnoii Rady Ukraiiny (BBP), 2002, No.11, p. 81)
Verkhovna Rada of Ukraine enacts:
1. To introduce changes to the Law of Ukraine On the National Archival Fond and archival institutions (3814-12) (Vidomosti Verkhovnoii Rady Ukraiiny, 1994, No. 15, p. 86; 1997, No. 8, p. 62), setting it forth in the following wording:
"The Law of Ukraine
On the National Archival Fond and Archival Institutions
This Law regulates relations, concerned with formation, stocktaking, preservation and use of the National Archival Fond and other main issues of archival affairs.
Section I
GENERAL PROVISIONS
Article 1. Terms determination
In this Law the below mentioned terms have the following meaning:
archival document - the document regardless of its type, form of material data carrier, time and place of its creation and its ownership, which terminated fulfilling its principal functions, but is kept or to be kept due to its significance to a person, society or state or due to value for the owner as an object of movable property;
document of the National Archival Fond - the archival document, which cultural value is determined by special expertise and which is registered as a constituent part of the National Archival Fond;
the National Archival Fond - collection of archival documents, which display history of spiritual and material life of Ukrainians and other nationalities, have great cultural value and are heritage of Ukrainian nation;
unique document - the document of the National Archival Fond, which has an exclusive cultural value, is of great importance for formation of national self-consciousness of Ukrainian nation and determines its contribution to world cultural heritage;
archival affairs - branch of vital activity of the society, which includes scientific, organizational, legal, technological, economical and other issues of activity of natural persons and legal entities, concerned with accumulation, stocktaking, preservationof archival documents and use of included in them data;
record keeping - a complex of processes, securing documentation of administrative information and organization of work with office files;
archival institution, archives, archival subdivision, archival department - correspondingly the institution or structural subdivision, which secures stock keeping and preservationof archival documents, use of included in them data, and formation of the National Archival Fond and/or conducts managing, research and informational activity in the sphere of archival affair and record-keeping;
state archival institution - the archival institution, which carries out its activity at the expense of the State budget of Ukraine;
private archival collection - collection of archival documents, owned by one or several persons;
secret archives - archival institution, which existence is not publicly disclosed; user of archival documents - natural or juridical person, who acquaints himself with archival documents at owner's or authorized by him person's consent;
state registration of documents - issuing a certificate to the owner of documents on their belonging to the structure of the National Archival Fond in order to maintain governmental control on a place and conditions of keeping documents;
reference staff - references in any form (guidebooks, inventories, catalogues, indexes, databases, files nomenclature and others), assigned for search of archival documents and information included in them;
files nomenclature - obligatory to each juridical person systematized list of files names, which are formed in its record keeping, specifying terms of files storing;
archival certificate - the document of archival institution, issued in accordance with legislation, which contains information about the subject of inquiry on the basis of archival documents, specifying their search data.
Article 2. Legislation of Ukraine on the National Archival Fond and archival institutions
Legislation of Ukraine on the National Archival Fond and archival institutions is based on the Constitution of Ukraine (254k/96-BP) and consists of this Law and other normative legal acts of Ukraine, passed according to it.
If international agreement, obligation of which is given by Verkhovna Rada of Ukraine, provides norms other from those in legislation of Ukraine on the National Archival Fond and archival institutions, the norms of international agreement prevail.
Article 3. Public policy in the sphere of archival affair and record keeping
The state guarantees conditions for storing, augmenting and use of National archival fond, contributes to achieving the first-rate level of development in archival affairs and record keeping.
Verkhovna Rada of Ukraine regulates state policy concerning archival affair and record keeping.
The Cabinet of Ministers of Ukraine, other bodies of executive power, as well as local authorities ensure carrying out of state policy in the sphere of archival affairs and record keeping within their competence.
Section II
NATIONAL ARCHIVAL FOND AND ITS FORMATION
Article 4. The National Archival Fond
The National Archival Fond, which is a constituent part of native and world cultural heritage and informational resources of society, is under state protection and destined for satisfaction of informational needs of society and the state, realization of rights and legal interests of each person.
Documents of the National Archival Fondconstitute cultural valuables, which are permanently kept on the territory of Ukraine or in accordance with international agreements, obligation of which is given by Verkhovna Rada of Ukraine, are to be returned to Ukraine.
Physical and juridical persons are obliged to ensure safety of the National Archival Fond and contribute to its replenishment.
Article 5. General basis for the formation of the National Archival Fond
The National Archival Fond is formed according to the procedure, provided by this Law, of archival documents of state authorities, local authorities, enterprises, organizations and institutions of various ownership forms, as well as of archival documents of citizens and their unions.
The state takes measures for replenishment of the National Archival Fond with documents of cultural heritage of Ukraine, founded abroad, and with documents of foreign origin, which concern Ukrainian history, in priority order finances their discovering, registration, return, purchase and copying. Centralized record keeping of mentioned documents is carried out according to the procedure, provided by central body of executive power in the sphere of archival affairs and record keeping.
Article 6. Inclusion of documents into the National Archival Fond
The inclusion of documents into the National Archival Fond or exclusion of documents from it is carried out on the basis of the expertise of their value by commission of specialists in archival affairs and record keeping, representatives of scientific and creative society, other specialists.
The Cabinet of Ministers of Ukraine approves principles and criteria for the determination of value of documents and the procedure of creation and activity of expert commissions.
The expertise of documents' value is carried out on the initiative of their owner or state archival institution at owner's consent. Should any danger of destruction or sufficient condition worsening of mentioned documents, their owner has to inform about that any state archival institution to organize the expertise of value of these documents.
Juridical and physical persons, who have documents aging 50 years and more, or who sell or bring archival documents abroad, have to inform about that to one of state archival institutions in order to decide the question concerning expertise of value of these documents.
The documents are included into the National Archival Fond well-ordered at owner's expense in accordance with the requirements, provided by central body of executive power in the sphere of archival affairs and record keeping.
The decision on exclusion of documents from the National Archival Fond is accepted by the expert commission on approval with central body of the executive power in the sphere of archival affairs and record keeping. It is prohibited to exclude documents from the National Archival Fond at motives of a secret or confidentiality contained in it, as well as for political or ideological reasons.
All disputes between archival institutions and owners of documents concerning designation of expertise of their value, inclusion of documents to the National Archival Fond or exclusion from it are to be decided ad litem.
Article 7. State registration of the documents of the National Archival Fond
State registration of the documents of the National Archival Fond is carried out by central body of the executive power in the sphere of archival affairs and record keeping and archival institutions authorized by them. Registration procedure and registration certificate form is to be approved by the Cabinet of Ministers of Ukraine.
State registration of the documents of the National Archival Fond is carried out free of charge.
Section III
OWNERSHIP FOR DOCUMENTS OF THE NATIONAL ARCHIVAL FOND
Article 8. The ownership for documents of the National Archival Fond
The documents of the National Archival Fond may be of any ownership form, provided by the Constitution (254k/96-BP) and laws of Ukraine.
The law protects the ownership for the documents of the National Archival Fond.
Archival documents, which are accumulated within the period of activity of state authorities, public enterprises, institutions and organizations, as well as documents, passed to state archival institutions by other juridical and physical persons without saving of ownership, are the property of the state.
Archival documents, which are accumulated within the period of activity of local authorities, communal enterprises, institutions and organizations, as well as documents, passed to archival departments city councils by other juridical and physical persons without saving of ownership, are the property of territorial communities.
Archival documents, which have no owner or which owner is unknown, are carried over to state ownership on the basis of court decision, made at inquiry of state archival institution, except the cases provided by Ukrainian laws.
It is prohibited to exclude the documents of the National Archival Fond from the owner or authorized by him person without their consent, except the cases, provided by Ukrainian laws. Documents of the National Archival Fond, excluded in accordance with the law for holding an inquiry, preliminary (pre-judicial) investigation, carrying out legal proceedings, are to be compulsory returned to the owner or authorized by him person, but not later than within a year after finishing of the case proceeding.
Article 9. Realization of the ownership for documents of the National Archival Fond
The owner owns, uses and disposes the documents of the National Archival Fond taking into consideration restrictions, provided by the law.
The owner of the documents of the National Archival Fond and other persons, who use the mentioned documents, have no right to destroy, damage them or change their content.
Disputes concerning the realization of the ownership for the documents of the National Archival Fond are to be decided ad litem.
Article 10. Transfer of the ownership for the documents of the National Archival Fond
The documents of the National Archival Fond, owned by the state or territorial communities, can not be objects of privatization, sale or purchase, mortgage or any other agreements, concerned with transfer of the ownership, and can be issued only for temporary use. The ownership for mentioned documents can be transferred only in accordance with international agreements, obligation of which is given by Verkhovna Rada of Ukraine, and laws of Ukraine.
The ownership for the documents of the National Archival Fond, owned by the state, territorial communities, can be transferred only after the preliminarily written notification of central body of executive power in the sphere of archival affairs and record keeping or authorized by it archival institution under the stipulation that the new owner receives registration certificate, provided by Article 7 of this Law. In case of sale of the documents of the National Archival Fond the state has a predilection to purchase them at set prices.
The documents of the National Archival Fond are to be pecuniary valued according to norms and methods, approved by the Cabinet of Ministers of Ukraine.
The change of location and conditions of preservationand use of the documents of the National Archival Fond, mentioned in the registration certificate, is allowed only after the preliminarily written notification of central body of executive power in the sphere of archival affairs and record keeping and authorized by it archival institution.
The documents of the National Archival Fond, owned by the state or territorial communities, can not be the object of mortgage, if pawnbroker is a foreigner or a person without citizenship, who does not live permanently in Ukraine.
Article 11. Withdrawal of ownership for the documents of the National Archival Fond
The owner of the documents of the National Archival Fond, who does not ensure the appropriate safe keeping of them, may be withdrawn of the ownership for these documents according to the court decision.
Section IV
RECORD KEEPING AND PRESERVATION OF THE NATIONAL ARCHIVAL FOND
Article 12. State record keeping of the documents of the National Archival Fond
The documents of the National Archival Fond are subject to compulsory state registration, which is kept according to the procedure, provided by central body of executive power in the sphere of archival affairs and record keeping.
Archival institutions that act as owners, juridical and physical persons, which own documents of the National Archival Fond, have to follow the set procedure of their record keeping.
Article 13. Ensuring of safety of the National Archival Fond
The owners of documents of the National Archival Fond or authorized by them juridical or physical persons are obliged to keep in appropriate condition the buildings and premises of archival institutions, keep appropriate technological regime, as well as in cases, provided by the law, make copies for the safety fund and the fund for use of documents of the National Archival Fond, ensure their safety in any other way, and in case of their determination as unique items or issuing them for use outside archival institutions, to guarantee insurance in accordance with the rules, provided by legislation.
The owner who passed archival documents for preservationat archival institution saving ownership for them, has the right to require ad litem to return documents, if such institution violated the norms of documents storing.
State archival institutions, archival departments of city councils can provide juridical and physical persons, who have documents of the National Archival Fond, with assistance, within appropriate assignments, for improvement of preservationconditions, restoration and creation of funds of use, as well as at owner's request to accept documents of the National Archival Fond for permanent or temporary storing.
It is prohibited to place archival institutions, containing documents of the National Archival Fond, at premises, which do not meet the requirements for preservation such documents and protection of labor of employees of archival institutions, or moving such institutions without providing another equal premise, prepared for keeping the archival documents, work of employees and users.
Requirements for keeping of archival documents are determined by central body of executive power in the sphere of archival affairs and record keeping.
Article 14. Peculiarities of keeping and preservationthe unique documents of the National Archival Fond
The procedure of determination of documents of the National Archival Fond as unique ones, including them to State register of national cultural heritage, as well as preservationprocedure are determined by the Cabinet of Ministers of Ukraine.
Persons, who keep unique documents, provide state archival institutions with opportunity to create at the expense of State budget of Ukraine copies for the safety fund and the fund for use of these unique documents with the right for their further use at the owner's expense.
Section V
USE OF THE NATIONAL ARCHIVAL FOND
Article 15. Access to documents of the National Archival Fond
Documents of the National Archival Fond and its reference stuff are issued for the use at archival institutions beginning from the time of their receipt for storing, and at private archival collections - on decision of their owners.
The state encourages owners of private archival institutions to increase the access to documents of National Archival Fond, contributes to publication and exhibiting these documents at shows.
It is prohibited to attribute to state and other provided by the law secret the information about place of keeping documents of the National Archival Fond, owned by the state, territorial communities, as well as create secret archives for keeping such documents.
Citizens of Ukraine have the right to use documents of the National Archival Fond or their copies on the basis of personal application and identification document. Persons, who use documents of the National Archival Fond on official matter, deliver the document certifying their authority.
Foreigners and persons without citizenship, legally staying in Ukraine, enjoy the same rights of access to documents of the National Archival Fond, as well as they have the same obligations as citizens of Ukraine.
It is prohibited to require from users to present documents, which are not provided by this Law.
The user is informed on refusal of access to documents of the National Archival Fond in writing with specification of exhaustive reasons of refusal.
Article 16. Restriction of access to documents of the National Archival Fond, owned by the state and territorial communities
Archival institutions are entitled to restrict the access to documents of the National Archival Fond, owned by the state or territorial communities, for the term up to one year due to their scientific technical processing, check of their presence, condition and restoration. In case of carrying out of great volume of mentioned activities the term of restriction may be extended by authority of central body of executive power in the sphere of archival affairs and record keeping, but not more than for one year.
Archival institutions are entitled to refuse the access to documents of the National Archival Fond, owned by the state or territorial communities, to minors, persons, acknowledged by the court as incapable, and persons, who severely violated the procedure of archival documents use.
For the sake of information protection, attributed to as state or other provided by the law secret, contained in documents of the National Archival Fond, access to these documents is restricted according to the law until cancellation of decision of attributing this information to state or another secret.
Access to documents of the National Archival Fond, which contain confidential information on a person, or threaten life or inviolability of the home, is restricted for 75 years from the moment of their creation, if the other is not provided by the law. Before this term access is possible at consent of a citizen, whose rights and legal interests might be violated, and in case of his death - at his legatee's consent.
In case of transfer of documents of the National Archival Fond, owned previously by state or territorial communities, under the treaty to state archival institutions or archival departments of city councils, conditions of their keeping are to be determined with previous owners in mentioned agreement. The mentioned procedure may be also provided in cases of transfer of documents for keeping without any changes of their ownership.
Article 17. Restriction of access to documents of the National Archival Fond, which belong to other owners
Archival subdivisions of people associations, religious organizations, as well as of private enterprises, institutions and organizations, archival institutions, founded by physical persons, are entitled to restrict the access to documents of the National Archival Fond in order to secure the safety of documents and protection of rights and legal interests of documents owners or other persons. Restriction is placed at the request of documents owner or other interested persons by written notification to central body of executive power in the sphere of archival affairs and record keeping.
In cases, provided by the law, restrictions, mentioned in the fourth and fifth paragraphs of Article 16 of this law and the first paragraph of this Article, do not concern officers of state archival institutions, courts, law-enforcement, control-revision and tax authorities, who accomplish official missions. The law may provide other cases, not covered by such restriction.
Article 18. Forms of use of data, contained in documents of the National Archival Fond
According to the procedure, provided by legislation, archival institutions issue documents of the National Archival Fond for use by physical and juridical persons, create corresponding references for that; issue archival certificates, copies of documents and satisfy in any other ways inquiries of physical and juridical persons; inform about documents, containing information, which may be used by governmental bodies and local authorities, as well as other interested parties; publish, exhibit and popularize in any other way archival documents, as well as perform other functions, destined at effective use of information, contained in documents of the National Archival Fond.
Article 19. Procedure of use of documents of National Archival Fond
The procedure of use of documents of the National Archival Fond, owned by the state or territorial communities, is determined by central body of executive power in the sphere of archival affairs and record keeping.
The procedure of use of documents of the National Archival Fond, owned by other owners, is determined by the owner and authorized by him person taking into account recommendations of central body of executive power in the sphere of archival affairs and record keeping.
Article 20. Rights of users of documents of the National Archival Fond
Users of documents of the National Archival Fond, owned by the state or territorial communities, have the right to:
Rights of users of documents of National Archival Fond, owned by other owners, are determined by the owner of a document taking into consideration recommendations of central body of executive power in the sphere of archival affairs and record keeping.
Actions of the officials of archival institutions, who prevent realization of legal rights of users of documents of the National Archival Fond, may be claimed in subordination order or ad litem.
Article 21. Responsibilities of users of documents of the National Archival Fond
Users of documents of the National Archival Fond have to:
Section VI
SYSTEM OF ARCHIVAL INSTITUTIONS
Article 22. Archival institutions
Archival institutions can be founded in any form of ownership. State authorities, local authorities, juridical and physical persons can be founders of archival institutions.
Activity of archival institutions is conducted according to the procedure, provided by this Law, rules, regulations and instructions, approved by central body of executive power in the sphere of archival affairs and record keeping, state standards and other normative legal acts.
Activity of archival institutions, which do not ensure safeness of documents of the National Archival Fond or violate requirements concerning state registration of these documents, may be terminated according to the procedure, approved by central body of executive power in the sphere of archival affairs and record keeping.
Liquidation of archival institutions is carried out at decision of founders, owners or on other basis, provided by the law. In these cases, owner of documents of the National Archival Fond has to ensure their safeness in accordance with legislation.
Article 23. System of archival institutions
System of archival institutions of Ukraine consists of:
Article 24. Specially authorized central body of executive power in the sphere of archival affairs and record keeping
Specially authorized central body of executive power in the sphere of archival affairs and record keeping (central body of executive power in the sphere of archival affairs and record keeping) within its provided by the law authority:
Acts of the central body of executive power in the sphere of archival affairs and record keeping, passed within its authority, are binding for state power bodies, local authorities, enterprises, institutions, organizations, irrespective of their subordination and ownership form, as well as for citizens.
Central body of executive power in the sphere of archival affairs and record keeping performs other authorities, provided by the law.
Article 25. Central state archives of Ukraine
Central state archives of Ukraine are created by the decision of the Cabinet of Ministers of Ukraine for keeping of documents of National Archival Fond according to its type, which has national meaning.
Central state archives of Ukraine as state bodies perform missions and functions of the state in managing of archival affairs and record keeping. Status of officials of these institutions is determined according to the Law of Ukraine On state service (3723-12).
Regulations on central state archives of Ukraine are confirmed by the central body of executive power in the sphere of archival affairs and record keeping.
Article 26. Branch-wise state archives
Branch-wise state archives are created for keeping geological, hydrometeorological, cartographic and other specific types of archival documents, which need special conditions of their preservationand use of information, contained in them.
The Cabinet of Ministers of Ukraine makes decision on creation of branch-wise state archives on the basis of common presenting of central body of executive power in the sphere of archival affairs and record keeping and central body of executive power, which realizes state policy in the branch, where certain archives are formed.
Regulations on branch-wise state archives are confirmed by central body of executive power in the sphere of archival affairs and record keeping and central body of executive power, which realizes state policy in the branch, where certain archives are formed.
Article 27. State archives in Autonomous Republic of Crimea
State archives in Autonomous Republic of Crimea subordinates to Council of Ministers of Autonomous Republic of Crimea and in its activity accounts to and is controlled by central body of executive power in the sphere of archival affairs and record keeping.
Regulations on state archives in Autonomous Republic of Crimea are confirmed by Council of Ministers of Autonomous Republic of Crimea on agreement with central body of executive power in the sphere of archival affairs and record keeping.
Article 28. Local state archival institutions
Local state archival institutions are created according to the procedure, provided by the law, for keeping of documents of the National Archival Fond, which have local meaning, and for conducting management of archival affairs and record keeping at corresponding territory.
Local state archival institutions consist of state archives of regions, cities of Kyiv and Sevastopol, archival departments of district state administrations and district state administrations in cities of Kyiv and Sevastopol.
Regulations on local state archival institutions are confirmed according to the procedure, provided by the Law of Ukraine On local state administrations (586-14).
Article 29. Other local archival institutions
Local authorities and local governmental bodies create archival institutions for centralized temporary keeping of archival documents, collected within the process of documentation of official, labor and other legal relations between juridical and physical persons at certain territory (district, city), and other archival documents, belonging to the National Archival Fond.
Archival institutions of councils of republican (Autonomous Republic of Crimea), regional significance cities obtain authorities of executive power bodies, provided by part 1 of Article 28 of this Law, concerning keeping the documents of the National Archival Fond at certain territory.
Archival institutions of city councils in concern with fulfillment of delegated authorities are controlled by corresponding executive power body according to procedure, provided by the law.
Regulations on archival institutions of local councils are confirmed by corresponding city councils.
Article 30. Archival subdivisions of state scientific institutions, museums and libraries
State scientific institutions, museums and libraries are entitled to create archival subdivisions for keeping documents of the National Archival Fond, as well as to refill their funds and collections with profile documents.
Regulations on mentioned archival subdivisions are confirmed correspondingly by state scientific institutions, museums and libraries taking into account recommendations of central body of executive power in the sphere of archival affairs and record keeping.
Article 31. Archival subdivisions of state power bodies, local authorities, state and communal enterprises, institutions and organizations
State power bodies, local authorities, state and communal enterprises, institutions and organization create archival subdivisions for keeping archival documents, collected within the period of their activity, use of contained in these documents information, for official, productive, scientific and other purposes, as well as for protection of rights and legal interests of citizens. Mentioned juridical persons transfer documents of running record keeping to their archival subdivisions according to the procedure, provided by central body of executive power in the sphere of archival affairs and record keeping.
Terms of temporary preservation of archival documents at archival subdivisions of state power bodies, local authorities, state and communal enterprises, institutions and organization are determined by central body of executive power in the sphere of archival affairs and record keeping taking into account legal status and peculiarities of activity of mentioned juridical persons.
Mentioned in the first part of this article juridical persons after finishing of term of temporary keeping of documents of the National Archival Fond, including electronic, film-, video-, photo- and phono-documents, are obliged to transfer them for permanent keeping correspondingly to central state archives of Ukraine, branch-wise state archives, local state archival institutions or archival departments of city councils according to the procedure, provided by central body of executive power in the sphere of archival affairs and record keeping.
In case of liquidation or reorganization of state power bodies, local authorities, state and communal enterprises, institutions and organization, documents, collected within the period of their activity, are transferred by liquidation commission (liquidator) to successors according to the procedure, provided by central body of executive power in the sphere of archival affairs and record keeping, saving corresponding ownership form for mentioned documents, and if successor is absent - to corresponding state archival institutions or other local archival institutions.
Regulations on archival subdivisions of state power bodies, local authorities, state and communal enterprises, institutions and organization are confirmed by mentioned juridical persons on the basis of typical provisions, approved by central body of executive power in the sphere of archival affairs and record keeping.
Article 32. Archival subdivisions of people associations, religious organizations, as well as private enterprises, institutions and organizations
People associations, religious organizations, as well as private enterprises, institutions and organizations are entitled to create archival subdivisions for permanent or temporary keeping of documents, owned by the state or territorial communities, transfer documents of the National Archival Fond for keeping to state and other archival institutions. Mentioned juridical persons are obliged to secure the safeness of documents, collected within the period of their activity, until carrying out of their value expertise according to the procedure, provided by this Law, and within one year from the date of these juridical persons registration in accordance with the procedure, provided by legislation, to agree their files nomeclature with one of state archival institution or archival department of city council.
Minimal terms of keeping of archival documents by juridical persons, mentioned in first part of this article, are to be determined by central body of executive power in the sphere of archival affairs and record keeping, if other is not provided by the law.
In case of liquidation of above mentioned juridical persons liquidation commissions have to secure the safeness of their archival documents and at approval of central body of executive power in the sphere of archival affairs and record keeping or authorized by it archival institution to determine the place of further keeping of their archival documents.
Regulations on archival subdivisions of people associations, religious organizations, as well as private enterprises, institutions and organizations are confirmed by their founders taking into consideration recommendations of central body of executive power in the sphere of archival affairs and record keeping.
Article 33. Archival institutions, founded by physical persons
Archival institutions, founded by physical persons according to provided procedure, are entitled to keep archival documents, which do not belong to the state or territorial communities.
Terms of keeping archival documents at mentioned archival institutions are determined by the agreement, concluded between the founder and owner of the documents or authorized by him person, taking into consideration minimal terms of documents keeping, provided in accordance with legislation. This agreement also determines the place of further keeping of documents in case of liquidation of mentioned institutions.
Section VII
FINANCIAL, MATERIAL AND PERSONNEL SUPPORT OF ARCHIVAL INSTITUTIONS
Article 34. Sources of financing of archival institutions
Financing of state archival institutions is carried out at the expense of State budget of Ukraine, as for other archival institutions - at the expense of their founders or owners.
Archival institutions are entitled to attract funds from other sources, not prohibited by the law, for maintenance of buildings and premises of archives, for improvement of material and technical and social basis, development of reference stuff, carrying out of scientific investigations in the sphere of archival affairs and record keeping.
Article 35. Paid services of archival institutions
Archival institutions may render paid service to juridical and physical persons concerned with use of information, contained in archival documents. Archival institutions may perform for remuneration main activities, concerned with scientific-technical processing and securing of safeness of archival documents, owned by the state, territorial communities, physical and juridical persons, perform other not prohibited by the law activities in the sphere of archival affairs and record keeping. Works are performed on a contractual basis with remuneration according to prices and tariffs, approved in accordance with legislation.
Issuing of archival certificates, necessary for providing social security of citizens, issuing archival documents, owned by the state and territorial communities to physical persons for use at reading hall of archival institution, and issuing archival certificates to courts, law-enforcement, control-revision authorities of Ukraine, as well as to juridical and physical persons, who transferred mentioned documents for storing, is carried out free of charge.
Article 36. Preferences for archival institutions and owners of private archival collections
Archival institutions and citizens, who own documents of the National Archival Fond or purchase documents of cultural heritage of Ukraine, founded abroad, or documents concerning Ukraine of foreign origin, in order to include them into the National Archival Fond, may be given certain privileges according to laws on taxing.
Article 37. Material and personnel support of archival institutions
Material support of archival institutions includes buildings, structures, land areas, communications, inventory, mechanization and automation means of archival works and other.
Material and personnel support of archival institutions is carried out by their founders and owners.
Executive power bodies and local authorities provide archival institutions, where documents of the National Archival Fond owned by the state and territorial communities are kept, with corresponding premises, mechanization and automation means of archival works, material resources and personnel.
Article 38. Professional activity in the sphere of archival affairs
Citizens with higher education may conduct professional activity at archival institutions.
Specialists, who have been specially trained, may conduct professional activity in the sphere of archival affairs at enterprises, institutions and organizations of all ownership forms.
Article 39. Social guarantees and protection of workers of archival institutions
Social guarantees and protection of workers of archival institutions are secured in accordance with legislation.
Amount of official salaries of archival institutions workers, except mentioned in articles 32 and 33 of this Law, rises for unhealthy working conditions, for long service, for use of old languages in work, other conditions of remuneration of work at these archival institutions are determined by the Cabinet of Ministers, if another is not provided by the law.
Section VIII
INTERNATIONAL COOPERATION IN ARCHIVAL AFFAIRS
Article 40. Development of international cooperation in archival affairs
Ukraine contributes to developing of cooperation in archival affairs with other countries, which may be realized by way of mutual exchange of archival documents or their copies, granting to foreigners or persons without citizenship, staying legally in Ukraine, access to documents of National Archival Fond, participation in work of international organizations or in any other ways, allowed by legislation.
Cabinet of Ministers of Ukraine may restrict the access to documents of the National Archival Fond, owned by the state or territorial communities, and set special terms for their use by citizens of those countries, where access to their state archival documents is restricted for citizens of Ukraine.
Article 41. Bringing of documents of the National Archival Fond abroad
Bringing abroad documents of the National Archival Fond is prohibited, except cases of their temporary exhibiting, scientific expertise or restoration abroad.
Bringing abroad copies of documents of the National Archival Fond and excerpts from them, made in according to legal procedure and certified by documents owners or authorized by them persons, is made freely by owners of mentioned copies and excerpts or by authorized by him person. Bringing abroad copies of documents, containing information, considered as state or other provided by the law secret, as well as excerpts from these documents, is prohibited.
Section IX
RESPONSIBILITY FOR VIOLATION
OF LEGISLATION ON NATIONAL ARCHIVAL FOND AND ARCHIVAL INSTITUTIONS
Article 42. Responsibility for violation of legislation on the National Archival Fond and archival institutions
Workers of archival institutions, users of documents of the National Archival Fond and other persons, guilty of negligent storing, spoiling, damaging, falsification, hiding, plundering, illegal bringing abroad or illegal transfer to another person of documents of the National Archival Fond or documents, which are to be included into it, as well as of illegal access to mentioned documents and of other violations of legislation on the National Archival Fond and archival institutions, are responsible according to the law.
Article 43. Compensation for losses, incurred due to violation of legislation on the National Archival Fond and archival institutions
Application of disciplinary actions and criminal punishments does not exempt person, guilty of violation of legislation on the National Archival Fond and archival institutions, from liability to compensate the loss, incurred by owner of documents of the National Archival Fond or to authorized by him person. Disputes concerned with compensation of loss, incurred by owner of documents, are decided ad litem.
Section X
FINAL PROVISIONS
President of Ukraine L. KUCHMA
Kyiv City
December 13, 2001
No. 2888-III