ABOUT KORSUN-SHEVCHENKIVSKY STATE HISTORICAL

AND CULTURAL RESERVE

(NEW EDITION)

 

GENERAL REGULATIONS

  1. KORSUN-SHEVCHENKIVSKY STATE HISTORICAL AND CULTURAL RESERVE (hereinafter – the Reserve) was established in accordance with the resolution of the Cabinet of Ministers of Ukraine of February 8, 1994 № 79 “On the State Historical and Cultural Reserve in the town of Korsun-Shevchenkivsky Cherkasy region, “On the establishment of the Korsun-Shevchenkivsky State Historical and Cultural Reserve” of March 4, 1994 #77 and the order of the Department of Culture of the Cherkasy Regional State Administration” On the establishment of the Korsun-Shevchenkivsky State Historical and Cultural Reserve “of March 15, 1994 № 18.
    The Regulations on the Reserve are set out in a new wording in connection with bringing its text in line with current legislation of Ukraine.
  2. The founder of the Reserve is the Cherkasy Regional Council (hereinafter – the Founder), in the accordence prescribed by applicable law, represents the common interests of territorial communities of villages, towns, cities of Cherkasy region and manages the subject of communal property.
  3. The Founder has delegated certain powers to the Department of Culture and Cultural Heritage Protection of the Cherkasy Regional State Administration (hereinafter – the Department), which is the governing body within the limits determined by current legislation of Ukraine, this Regulation and the relevant agreement.
  4. The reserve is under the control and accountability to the Founder and the Department.
  5. Full name of the legal entity: KORSUN-SHEVCHENKIVSKY STATE HISTORICAL AND CULTURAL RESERVE; abbreviated name of the legal entity: KORSUN-SHEVCHENKIVSKY DICZ.
  6. Location of the Reserve: 19400, Korsun-Shevchenkivsky Island Kotsyubynskoho, 4, Cherkasy region.

 

LEGAL STATUS OF THE RESERVE

  1. The Reserve is guided by the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, regulations of the Ministry of Culture of Ukraine, Department of Culture and Cultural Heritage of Cherkasy Regional State Administration, orders of Cherkasy Regional Council and Cherkasy Regional State Administration, decisions of regional council, other regulations, as well as this Provision.
  2. The Reserve is a legal entity from the moment of state registration in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations, has an independent balance sheet, separate property, current and other registration accounts in the Main Department of the State Treasury Service in Cherkasy region, banking institutions, own round seal with its name and identification code, stamps, forms and other details of the legal entity. The Reserve cannot be the founder of enterprises, business associations, cooperatives and other legal entities.
  3. The Reserve is liable for its obligations within the limits of the funds at its disposal in accordance with the current legislation of Ukraine.
  4. The civil legal capacity of the Reserve arises from the moment of registration of the Regulations and consists of rights and obligations.
  5. The Reserve has the right to:
    • conduct non-commercial economic activity that corresponds to the purpose of its formation;
    • to involve in the established order on a contractual basis legal and physical persons for performance of the tasks assigned to it;
    • submit to the body to the sphere of management of which the historical and cultural reserve belongs, proposals on the amount of funding necessary for the conduct of its activities and the development of the historical and cultural reserve;
    • form, if necessary, commissions and expert groups, to hold competitions, conferences, to convene meetings to perform the tasks assigned to him;
    • exchange exhibitions with cultural and scientific institutions of foreign states in accordance with the established procedure, to provide exhibits for exhibitions, including abroad;
    • use in prescribed manner the symbols of the historical and cultural reserve, images of its objects, reproductions of architectural, artistic, artistic and other cultural values ​​stored in its gatherings, collections, funds, as well as give the right to other legal entities and individuals to use these images in accordance with the law;
    • conduct excursions on the territory and objects of the historical and cultural reserve;
    • transfer real estate (buildings, structures, premises) and other separate individually determined property for use (lease) in accordance with the procedure established by law in agreement with the body to whose sphere of management the historical and cultural reserve belongs;
    • acquire in the order established by the legislation the real estate and movable property necessary for carrying out the activity, to conclude contracts, to be the plaintiff and the defendant in court;
    • ensure the protection of objects and territories of the historical and cultural reserve.
  6. The reserve is obliged to:
    • ensure the implementation of the main tasks provided for in this Regulation;
    • timely pay taxes and other payments to the budget in accordance with current legislation of Ukraine;
    • comply with contractual obligations in accordance with agreements concluded with individuals, natural persons-entrepreneurs, enterprises, institutions, organizations of all forms of ownership in Ukraine and abroad, including under international agreements;
    • create appropriate conditions for the organization of highly productive work of employees, ensure compliance with labor legislation, rules and regulations of labor protection, social insurance, fire safety rules in Ukraine;
    • ensure economical and rational use of financial and material resources;
    • carry out accounting, operational calculation and statistical reporting in accordance with the legislation of Ukraine.
  7. The Reserve may acquire other rights and obligations in accordance with the current legislation of Ukraine.
  8. Activities that are subject to licensing or require necessary special permit may be carried out after obtaining them.
  9. Interference of public administration bodies in to financial, economic and other activities of the Reserve is allowed only in cases provided by the legislation of Ukraine and this Regulation.

 

PURPOSE AND MAIN TASKS OF THE ACTIVITY

  1. The Reserve is a scientific-research and cultural-educational institution that studies and promotes historical-cultural and natural monuments, provides protection and rational use of monuments and their historical environment.
  2. The Reserve includes monuments of history, culture, nature, located on the territory of Korsun-Shevchenkivsky, Stebliv township, Kvitky and Vygraiv villages of Korsun-Shevchenkivsky district of Cherkasy region.
  3. The main tasks of the Reserve are:
    • ensuring compliance with the regime of the historical and cultural reserve;
    • implementation of measures for protection and preservation of objects of the historical and cultural reserve, preservation and reproduction of the traditional character of its environment;
    • carrying out cultural-educational, scientific research activities in the field of protection of cultural heritage and museum affairs, as well as tourist activities.
  4. The Reserve in correspondients to the tasks assigned to it:
    • conducts work on identification, fixation, classification, drawing up of accounting documents on objects of cultural heritage, prepares documents for their state registration;
    • prepares draft protection agreements for cultural heritage sites that are part of the historical and cultural reserve;
    • works up scientifically substantiated proposals for the establishment of the regime of preservation and the order of use the objects of the historical and cultural reserve, ensures their maintenance, protection and proper use;
    • inform the relevant body of the protection of cultural heritage about damage, destruction (threat of damage, destruction) of the objects of the historical and cultural reserve;
    • provides scientific and methodological guidance during research, conservation, rehabilitation, restoration, repair, adaptation and museification of objects of the historical and cultural reserve and other works on the territory of the historical and cultural reserve, in its protection zones;
    • submits to the relevant body of the protection of cultural heritage conclusions on the possibility of advertising on the territory of the historical and cultural reserve and in the zones of its protection;
    • take measures to prevent and stop violations of the requirements of the legislation on the protection of cultural heritage, as well as to eliminate the negative consequences and compensation for damage caused by such violations;
    • acts as a customer of works on restoration and repair of objects of historical and cultural reserve and other property;
    • conducts work on acquisition and accounting of museum collections in the manner prescribed by law;
    • conducts exposition work;
    • 1conducts information and publishing activities to promote the protected area, coverage of issues of protection of cultural heritage sites;
    • 1organizes and coordinates the conduct of scientific research in the historical and cultural reserve with the involvement (if necessary) at a contractual basis of other organizations;
    • 1forms museum, library and archival funds;
    • 1carries out international cooperation, concludes agreements with foreign individuals and legal entities in accordance with the legislation; 1organizes work on training and advanced training of reserve employees;
    • 1takes measures to develop the infrastructure of excursion and recreational services on the territory of the historical and cultural reserve, provides paid services, the list of which is approved by the Cabinet of Ministers of Ukraine;
    • 1takes other measures to protect and preserve the objects of the historical and cultural reserve.
  5. Within the historical and cultural reserve and historical and cultural protected area, activities that adversely affect or may adversely affect the state of preservation of cultural heritage sites, the regime of their protection and use are prohibited.

 

MANAGEMENT BODIES AND STRUCTURE OF THE RESERVE

  1. The reserve independently plans its activities, determines the strategy and main directions of its development in accordance with the plan of organization of the territory of the historical and cultural reserve, approved by the Office.
  2. For consideration of questions concerning protection of objects of historical and cultural reserve, carrying out of research-scientific and methodical work the Reserve can form advisory bodies as a part of scientists, leading experts of other scientific establishments and the organizations, representatives of the public. The membership of advisory bodies shall be approved by the head of the reserve in agreement with the Department or the body whose sphere of management he belongs to.
  3. Management of the Reserve is carried out by the Founder, branch administration is carried out by Management.
  4. The director shall directly manage the activities of the Reserve. Appointment and dismissal will be made by decision of the Founder or his authorized body. The appointment of the director of the Reserve is carried out on a competitive basis in accordance with the current legislation of Ukraine and the relevant decisions of the Founder.
  5. When appointing the director of the Reserve, a contract is concluded with him for a period of 5 years, which defines the term of employment, rights, obligations, responsibilities to the Founder and staff, remuneration, conditions of his dismissal, other conditions and agreement of the sides. The Director of the Reserve must have higher education and length of service experience in the field of culture for at least three years; speak the state language and be able to perform the relevant job responsibilities in terms of their business and moral qualities, educational and professional level.
  6. A person can not be appointed to the position of the director of the Reserve if:
    • has been declared incompetent by a court decision or his legal capacity is limited;
    • has a criminal record for the commission of a crime, if such a criminal record has not been expunged or removed in the manner prescribed by law, or for which an administrative penalty has been imposed during the last year for committing a corruption offense;
    • is a close person or a member of the family of managers who, in accordance with the statutory documents, manage the Reserve, namely the Founder and the Office.
  7. Director of the Reserve:
    • manages the activities of the Reserve, is responsible for the implementation of the tasks assigned to it;
    • carries out control over the observance of the regime of preservation and use of its objects established on the territory of the historical and cultural reserve;
    • approves regulations on structural subdivisions of the Reserve;
    • issue orders and directives, obligatory for execution by all employees and structural subdivisions of the Reserve;
    • represents the Reserve in the state and other bodies without a power of attorney, is responsible for the results of its activities before the Office, the Founder and the staff;
    • disposes of the Reserve’s funds in accordance with the current legislation and this Provision;
    • executes estimates, concludes agreements, gives instructions, opens bank accounts;
    • hires and dismisses employees of the Reserve in accordance with the current legislation of Ukraine;
    • ensures keeping by employees labor protection requirements and fire safety rules in Ukraine;
    • distributes responsibilities among employees;
    • takes measures of incentives and disciplinary sanctions;
    • controls the observance of staff and financial discipline in the Reserve;
    • together with the trade union committee submits for approval to the general meeting of the labor collective the Rules of internal labor regulations and the collective agreement;
    • reports to the Founder and the Office about the work performed at least once a year;
    • ensures compliance with anti-corruption legislation, including the prevention of any possibility of conflict of interest and immediately notifies in writing directly the chairman or the person performing his duties about conflict of interest.
  8. The maximum number of employees of the Reserve is approved by the Office.
  9. To ensure compliance with the regime of protection and use of historical and cultural reserves in agreement with the Founder and the Office, one or more branches of the reserve may be established, which operate on the basis of the position approved by the Reserve.

 

PROPERTY AND FINANCIAL – ECONOMIC ACTIVITY OF THE RESERVE

  1. The property of the Reserve consists of fixed and current assets, as well as other values, the value of which is reflected in its independent balance sheet.
  2. The property of the Reserve, in addition to the fact that in accordance with the current legislation of Ukraine belongs to the state form of ownership, is the joint property of territorial communities of villages, settlements, cities of Cherkasy region, managed by the Founder.
  3. The Reserve shall be transferred to the operational management of the objects that are part of it, and other property necessary to ensure the activities of the reserve, which is in communal ownership.
  4. Exercising the right of operative management, the Reserve uses the specified property, performing concerning it actions which do not contradict the current legislation of Ukraine and Provision.
  5. Property transferred to the Reserve for operational management will not be subject to alienation and may not be the subject of a pledge.
  6. The sources of formation the property of the Reserve are:
    • funds of the state or local budget;
    • own revenues received in the manner prescribed by law;
    • charitable donations, grants;
    • other sources not prohibited by law.
  7. The relations between the Reserve and the Founder in terms of possession, use and disposal of property are regulated by the current legislation of Ukraine and this Provision.
  8. The alienation of the Reserve’s property (write-off, transfer, etc.) and other property transactions concerning the possession and disposal of objects of communal property rights will be carried out in accordance with the peculiarities and requirements of current legislation of Ukraine, in accordance with the order established by the Founder.
  9. Issues of use of state property in the activities of the Reserve are regulated by the current legislation of Ukraine.
  10. Land plots within the Reserve are provided to it on the right of permanent use in accordance with the law.
  11. The Reserve keeps museum objects, museum collections and museum gatherings belonging to the state part of the Museum Fund of Ukraine, which are state property and assigned to the Reserve on the right of operative management. Museum objects, museum collections, museum collections, referred to the state part of the Museum Fund of Ukraine, are not the subject to alienation, except for exchange for other museum objects, museum collections, museum gatherings. The decision on the exchange of museum objects, museum collections, museum gatherings is made by the central body of executive power, which implements the state policy in the spheres of culture and arts. Museum objects, museum collections, museum gatherings, referred to the state part of the Museum Fund of Ukraine, and objects of museum value, which are the subject to contribution to the state part of the Museum Fund of Ukraine, are not the subject to privatization and cannot be the subject of pledge.
  12. Accounting, storage, exhibition of museum objects, collections and museum collections, referred to the state part of the Museum Fund of Ukraine, is carried out in accordance with the current legislation of Ukraine.
  13. Monuments of cultural heritage (hereinafter – monuments) of national and local significance are located on the territory of the Reserve.
  14. Preservation and use of cultural heritage sites in the Reserve, settlement of legal, organizational, social and economic relations with respect to them are be carried out in accordance with the Law of Ukraine “On Protection of Cultural Heritage”.
  15. Objects of cultural heritage which are monuments (except for monuments which alienation or transfer is limited by legislative acts of Ukraine) may be alienated, as well as transferred by the owner or his authorized body for possession, use or management of another legal or to an individual with the consent of the relevant body for the protection of cultural heritage.
  16. Monuments of cultural heritage, their parts, related movable and immovable property are prohibited to demolish, change, replace, move (transfer) to other places.
  17. Moving (transfer) of a monument to another place is allowed as an exception in cases when it is impossible to keep the monument in place, provided that a set of scientific research with the study and fixation of the monument (measurements, photofixation, etc.).
  18. The reserve is obliged to keep the monuments in proper condition, to carry out timely repairs, protect from damage, destruction or annihilation in accordance with this Law and the protection agreement.
  19. The use of a monument should be carried out in accordance with the routine of use established by the bodies of cultural heritage protection, in a manner that requires the least changes and additions to the monument and ensures the preservation of its material authenticity, spatial composition and equipment, decoration. etc.
  20. It is prohibited to change the purpose of the monument, its parts and elements, to make inscriptions, marks on it, on its territory and in its protection zone without the permission of the relevant body for protection of cultural heritage.
  21. Issues of damage, destruction or annihilation of monuments are resolved in the manner and in the order prescribed by current legislation of Ukraine.
  22. Requirements of fire, sanitary, environmental protection bodies and other interested bodies regarding the conditions of maintenance and use of monuments can not lead to changes in monuments and should not impair their aesthetic, historical, artistic, scientific or artistic value.
  23. Cultural heritage protection bodies are obliged to prohibit any activity of legal or natural persons that threatens the monuments on the territory of the Reserve or violates the legislation, state standards, norms and rules in the field of cultural heritage protection.
  24. The Reserve ensures the preservation, maintenance, conservation, restoration, rehabilitation, museification and repair of the monument at the expense of budget and own revenues, unless otherwise provided by the relevant agreement or law.
  25. The reserve is responsible for violation of the legislation on protection of cultural heritage in accordance with the current legislation of Ukraine.
  26. The reserve is a non-profit institution maintained at the expense of the regional budget. The main administrator of funds is the Office.
  27. The Reserve monitors the targeted and effective use of budget funds, which reports to the Office.
  28. Revenues (profits) of the Reserve or their parts are not subject to distribution between the Founder, employees of the Reserve (except for payment of their work, accrual of the single social contribution), members of management bodies and other persons related to them.
  29. Revenues (profits) are used exclusively for financing expenses for the maintenance and development of the Reserve, realization of the purpose (goals, tasks) and directions of activity defined by this Provision.
  30. Forms and systems of remuneration, conditions and indicators of bonuses for employees, the procedure for establishing bonuses for high achievements in work or for the period of particularly important work, as well as the procedure for establishing and abolishing, increased salaries, scholarships, surcharges for employees, fulfillment of obligations ​​of temporarily absent employees, amendments to the staff lists are conducted by the order of the director of the Reserve.
  31. Unused in the current year own revenues are not the subject to withdrawal, are not taken into account when determining the amount of budget funding for the next year and are used in the next financial year exclusively for the statutory activities of the Reserve.
  32. Budget allocations and funds received from additional sources of funding for the Reserve shoud not be withdrawn during the budget period, except as provided by law. Funds received from additional sources of funding do not reduce the amount of budget funding for the Reserve.
  33. The amount of payment for the provision of paid services are established by the Reserve annually in the national currency of Ukraine.

 

POWERS OF THE FOUNDER

  1. The exclusive competence of the Founder includes:
    • approval of the Regulations on the Reserve, changes and additions to it;
    • exercising control over compliance with the requirements of the Provision on the Reserve and making decisions in connection with their violation;
    • making decisions on the alienation of communal property transferred to the Reserve;
    • control over the efficiency of use of communal property on the balance of the Reserve;
    • hearing reports of the head on the activities of the Reserve;
    • making decisions on reorganization or liquidation of the Reserve;
    • other powers defined by the current legislation of Ukraine.
  2. The founder may authorize another person to approve and sign the Regulations on the Reserve, changes and additions to it.
  3. The founder has the right to initiate a comprehensive audit in the field of financial and economic activities of the Reserve by the relevant bodies.

 

LABOR COLLECTIVE

  1. The labor collective of the Reserve consists of the persons who by their work take part in activity of the Reserve on the basis of the labor contracts regulating labor relations of workers with the Reserve.
  2. Employees of the Reserve are subject to state social insurance in case of injury or occupational disease resulting from the performance of duties and pensions in accordance with current legislation of Ukraine.
  3. The powers of the labor collective of the Reserve are exercised by the general meeting, which are convened if necessary, but not less than once a year. The general meeting is considered valid if it is attended by at least 2/3 of the working members of the labor collective.
  4. General meeting of the staff:
    • consider the draft collective agreement and make decisions on approval or rejection of this project;
    • consider and resolve issues of self-government of the labor collective;
    • determine and approve the list and procedure for granting social benefits to the employees of the Reserve;
    • participate in the material and moral stimulation of productive labor, violate petitions to encourage employees.
  5. A collective agreement shall be concluded between the Founder or an authorized person (director) on the one hand and the authorized body of the labor collective on the other hand. The collective agreement regulates production, labor and economic relations, wages, social and labor guarantees of the labor collective with the administration of the Reserve.
  6. Labor regulations in the Reserve are determined by the Rules of internal labor regulations of employees, which are approved by the labor collective and submitted by the Founder or his authorized body (director) and authorized body of labor collectives on the basis of Standard rules of internal labor regulations for workers and employees of enterprises, institutions and organizations.
  7. Disagreements that arise during the conclusion or implementation of a collective agreement are resolved in accordance with the procedure established by the current legislation of Ukraine.
  8. The parties who have concluded a collective agreement report on its implementation at the meeting of the labor collective at least once a year.

 

TERMINATION OF THE RESERVE ACTIVITY

  1. Termination of the Reserve activity is carried out by its reorganization (merger, accession, division, transformation), or liquidation and is carried out by the decision of the Cherkasy regional council according to the procedure provided by legislative acts of Ukraine, or by the court decision.
  2. In case of reorganization or liquidation of the Reserve, dismissed employees are guaranteed observance of their rights and interests in accordance with the current legislation of Ukraine.
  3. In case of termination of the Reserve, the property and funds remaining after settlements with the budget, satisfaction of claims of creditors and members of the staff, must be transferred to one or more non-profit organizations of the appropriate type or credited to the regional budget.
  4. The liquidation of the Reserve are considered to be completed, and the legal entity is deemed to have ceased its activity from the moment of its exclusion from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations.

 

APPROVAL OF THE PROVISION, MAKING CHANGES AND ADDITIONS TO IT

  1. The Regulations on the Reserve are approved by the Office, approved by the Founder or a person authorized by him, and registered in accordance with the current legislation of Ukraine.
  2. The Reserve has the right to make proposals as to changes and additions to the Provision. In this case, they must be approved by the Office, approved by the Founder or a person authorized by him and registered in the manner prescribed by law.

 

FINAL PROVISIONS

  1. On issues not regulated by this Provision, the Reserve follows by the current legislation of Ukraine.
  2. If one of the clauses of sections of the Provision is declared invalidity, it does not apply to the rest of its clauses, sections.
  3. If one of the items, sections of the Provision, in connection with amendments to the legislation becomes contrary to it, the Founder applies the rules provided by applicable law and undertakes to amend the Provision at the request of the Reserve.
  4. All other issues of the Reserve’s activity are regulated by the current legislation of Ukraine.