APPENDICES

LAW OF UKRAINE
"ON RECORD KEEPING"

Draft Version

(To be passed in 2004)

This Law determines legal basis for organization of record keeping in Ukraine in order to provide single norms for creation of organizational-administrative records and work with records.

Section I

GENERAL PROVISIONS

Article 1. Determination of notions

In this Law terms are used with the following meaning:

Article 2. Sphere of the law's effect

Effect of this Law covers creation of organizational - administrative records of subject of record keeping and work with records of subject of record keeping irrespective of its ownership form.

Creation procedure of other types (banking, financial, accounting-statistical and other) of administrative records by subject of record keeping is provided by other normative-legal acts.

Article 3. Legislation of Ukraine on record keeping

Legislation of Ukraine on record keeping is based on Constitution of Ukraine and consists of this Law and other normative-legal acts, which regulate organization of record keeping.

If international agreement of Ukraine, obligation of which is given by Verkhovna Rada of Ukraine, provides norms other from those in this Law, norms of international agreement prevail.

Article 4. Public policy on record keeping

Public policy on record keeping is determined by Verkhovna Rada of Ukraine according to the following principles:

Carrying out of public policy on record keeping, as resource base for documentary supply of management, within their competence is provided by the cabinet of Ministers of Ukraine, specially authorized central body of executive power in the sphere of archival affairs and record keeping, other executive bodies and local authorities.

Article 5. 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 is a separate subject of organization of record keeping, performs management of this sphere in Ukraine.

Specially authorized central body of executive power in the sphere of archival affairs and record keeping, except functions, provided by the Law of Ukraine "On National archival fond and archival institutions", within its competence:

Acts of specially authorized central body of executive power in the sphere of archival affairs and record keeping, passed within its competence, are binding for subjects of record keeping of any ownership form.

Article 6. Public archival institutions, archival divisions of municipal councils

Public archival institutions, archival divisions of municipal councils within their competence, provided by legislation:

Article 7. Office of origin of subjects of record keeping

Office of origin of subjects of record keeping:

Section ІІ

CREATION OF ORGANIZATIONAL-ADMINISTRATIVE RECORDS

Article 8. Requirement to creation of organizational-administrative records

Created by subject of record keeping organizational-administrative record should correspond to legal status of the subject of record keeping. Types of organizational-administrative records are determined by State classifier of administrative documentation, which is approved by specially authorized central body of executive power in the sphere of standardization. Right for creation of certain type of organization-administrative record of subject of record keeping is provided by legislation.

Organizational-administrative records of subject of record keeping should correspond to standartized forms of records, provided by state standards, other normative-legal acts, which contain requirements to structure of form and rules of creation of records.

Content of metadata of organizational-administrative record secures its validation, identifies its type, name, time, place of creation and other characteristics. Complex of metadata, which validate each type of organizational-administrative records, is provided by national standards of Ukraine.

Compulsory metadata of organizational administrative record are name of subject of record keeping - author of the record, name of the record, date of the record, registration number of the record, text of the record and signature of the official.

Information medium of organizational-administrative record, methods and means of information fixation should secure safety of a record within legally provided storing term.

Article 9. Requirements to creation of electronic organizational-administrative records

Content of metadata of electronic organizational-administrative record should correspond to content of metadata of organizational-administrative paper record.

Information medium of electronic organizational-administrative record must secure its integrity and availability to check this integrity. Check of integrity and authenticity of electronic organizational-administrative record, in which signature is not electronic and digital, is carried out by comparing to content and other metadata of the original of organizational-administrative paper record.

All electronic records of permanent and long-term (more than 10 years) storing of subject of record keeping should have equal technical characteristics for reproduction of information.

The following organizational-administrative records may not be created only in electronic form:

Section ІІІ

WORK WITH RECORDS

Article 10. Organization of record keeping

Transfer of records by subject of record keeping to another subject of record keeping or natural person and receiving records by subject of record keeping from another subject of record keeping or natural person is carried out by means of electronic, postal communication or special express.

All compiled, transferred or received by office of origin of subject of record keeping records, which should be executed, are subject to registration.

Execution of records should be controlled. Term of execution of a file is to be verified in the record itself, in resolution of chief of subject of record keeping or by head of higher level body at formulation of task or inquiry, contained in the record, and is to be fixed in the form of date. Terms of execution of certain records are provided by legislation.

In cases, when term of execution of a record is not provided by legislation or higher for subject of record keeping body, term of execution of a record may not exceed 30 calendar days from the date of its registration by subject of record keeping, except cases, when record contains term of execution, which exceed 30 calendar days.

Article 11. Formation and keeping of documentation fond

Documentation fond of subject of record keeping is formed within the period of its activity. Record is considered as included into documentation fond after its registration.

For formation and keeping of documentation fond of subject of record keeping it office of origin compiles the nomenclature of files. Office records from the time of their creation or arriving and transfer to archival subdivision of subject of record keeping are stored at place of cases formation at office of origin or other structural subdivisions of subject of record keeping according to nomenclatures of cases.

Procedure of compiling of records into cases or other forms for storing at documentation fond of subject of record keeping are determined by normative-legal acts of specially authorized central body of executive power in the sphere of archival affairs and record keeping.

Selection of records for further storing at archival subdivision of subject of record keeping or for destruction is carried out by expert commission of subject of record keeping. Procedure of creation and activity of expert commissions is approved by the Cabinet of Ministers of Ukraine.

Terms of storing of records at archival subdivision of subject of record keeping and procedure of their transfer for permanent storing to other archival establishment are provided by normative-legal acts of specially authorized central body of executive power in the sphere of archival affairs and record keeping.

Integrity of documentation fond within the period of activity of subject of record keeping and at its reorganization or liquidation should be secured.

Responsibility for safety of records and information, contained in them, functioning of protection system of documentation fond from unauthorized access is borne by the head of subject of record keeping.

Article 12. Use of records and use of information, contained in them

Use of records of subject of record keeping and use of information, contained in them, is carried out according to legislation and compiled relating to it instructions, approved by the chief of a subject of record keeping.

Governmental bodies, local authorities, juridical and natural persons have the right to receive copies of records, statements and excerpts from records within the limits, provided by legislation.

Requisition of records originals from documentation fond of subject of record keeping by governmental bodies may be only temporary and in cases, provided by legislation.

Article 13. Language of record keeping

Subjects of record keeping carry out their record keeping in official language.

In places (villages, settlements, cities and other inhabited localities), where majority of population consists of national minorities, subjects of record keeping may compile records in official language as well as in language of corresponding national minority according to the procedure, provided by legislation.

Records, which are meant to be sent to higher and central governmental bodies of Ukraine are to be compiled only in official language.

Article 14. Ownership for records

Ownership for records may be of any form, provided by legislation.

Owner of record may be subject of record keeping, in which the record was previously compiled and included into documentation fond. Change of location of record means corresponding change of ownership for it, if other is not provided at record transfer.

Disputes, concerning ownership for records, are to be settled at court.

Section ІV

LIABILITY FOR VIOLATION OF LEGISLATION ON RECORD KEEPING

Article 15. Liability for violation of legislation on record keeping

Chiefs and officials of governmental bodies, local authorities, enterprises, institutions and organizations of any ownership, unions of citizens, natural persons - subjects of business activity bear provided by the law responsibility for improper storing, damage, unauthorized destruction, falsification, concealment, stealing, illegal transfer to another person, as well as for unauthorized access to records and for other violations of legislation on record keeping.

Article 16. Compensation of loss, caused by violation of legislation on record keeping

Application of administrative or criminal punishment does not exempt person, guilty of violation of legislation on record keeping, from compensation of loss, caused to owner of record.

Disputes, concerning compensation of loss, caused to owner of record, are settled at court.

Section V

FINAL PROVISIONS

  1. This Law comes into effect on the date of its publishing.
  2. Until the laws of Ukraine and other normative-legal acts comply with this Law, they are used only in those parts, which do not contradict this Law
  3. The Cabinet of Ministers of Ukraine within one year from effective date of this Law should:
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