THE CHARTER ON KAMYANSKY STATE HISTORICAL AND CULTURAL RESERVE
(NEW EDITION)
GENERAL PROVISIONS
KAMYANSKY STATE HISTORICAL AND CULTURAL RESERVE (hereinafter referred as the Reserve) was established in accordance with the resolution of the Cabinet of Ministers of Ukraine of July 25, 1995 No. 541 “On the State Historical and Cultural Reserve in Kamyanka, Cherkasy Region”, and the Order of the head of the Cherkasy Regional State Administration dated of September 26, 1995 No. 54 “On the Establishment of the Kamyanka State Historical and Cultural Reserve” in order to preserve the complex of monuments of history of culture and nature in town Kamyanka area.
According to the “List of Enterprises, Institutions, Organizations, whose Property Is Being Transferred to the Regional Community’s Property”, which was approved by the order of the head of the Cherkasy Regional State Administration from 16.04.1996 № 199, Kamyansky State Historical and Cultural Reserve were transferred to the Cherkasy Regional Community’s property.
Regulations on the Reserve shall be re-registered in connection with bringing its text in compliance with the norms of the applicable legislation of Ukraine.
Cherkasy Regional Council (hereinafter – the Founder) is the Founder of the Reserve, which in the manner prescribed by applicable law represents the common interests of the territorial communities of villages, settlements, towns, and cities of Cherkasy region, and thus manages the object of communal property.
The Founder delegated certain powers to the Department of Culture and Cultural Heritage Protection of the Cherkasy Regional State Administration (hereinafter referred as the Department), which is a governing body within the limits and to the extent specified by applicable law of Ukraine, this Charter, and the relevant Agreement.
The Reserve is under the control of and accountable to the Founder and the Department.
Full name of the legal entity: KAMYANSKY STATE HISTORICAL AND CULTURAL RESERVE
Short name of the legal entity: KSHCR
Location of the Reserve: 20800, Dekabristiv Street, 5, Kamyanka town, Cherkasy region, Ukraine.
THE RESERVE LEGAL STATUS
In its activities the Reserve is guided by the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, Regulations of the Ministry of Culture of Ukraine, orders of the Department, orders of Cherkasy Regional Administration, decisions and orders of the Founder, other regulations, and this Charter’s provisions.
The Reserve is a legal entity since 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 rights, applicable and other registration accounts in the State Treasury Service of Ukraine in Cherkasy region, banking institutions, round seal with its own name and identification code, stamps, blanks, account details and more information on a legal person.
The reserve is not allowed be the founder of enterprises, business associations, cooperatives, and other legal entities.
The Reserve’s civic legal capacity arises from the moment of registration of the Charter and consists of rights and obligations.
The Reserve has the right:
to perform non-commercial economic activities that meet 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 hereto;
to submit proposals on the amount of funding necessary for the Reserve to perform activities and develop it to the body, to whose administrative management domain the historical and cultural reserve belongs;
in case of need to form commissions and expert groups, to hold competitions, conferences, to convene meetings for performance of the tasks assigned hereto;
in the prescribed manner to exchange exhibitions with cultural and scientific institutions of foreign countries, to provide exhibits for exhibitions, including abroad;
in the prescribed manner to use the symbols of the historical and cultural reserve, images of its sites, reproductions of architectural, artistic and other cultural values stored in its collections, repositories, funds, as well as to give the right to other legal entities and individuals to use these images in accordance with the law;
to conduct excursions on the territory and within the Reserve’s sites;
to transfer real estate objects (buildings, sites, premises) and other separate individually determined property in accordance with the procedure established by law for use (lease) in agreement with the Founder;
in the order established by the legislation to acquire the real estate and movable property objects necessary for performing the Reserve’s activity, to conclude contracts, to be the plaintiff and the defendant in the court;
to ensure access control and maintenance of security for the Reserve’s property and territory.
The reserve is obliged to:
to ensure the main tasks implementation provided for in this Regulation;
to pay taxes and other payments to the budget timely under applicable legislation of Ukraine;
comply with contractual obligations in accordance with the contracts and agreements-concluded with individuals, individual entrepreneurs, enterprises, institutions, associations, organizations of all forms of ownership in Ukraine and abroad, including under international agreements;
create appropriate conditions for organizing highly productive work of employees, ensure compliance with the labour legislation, rules, and regulations of labour safety, social insurance, and fire safety rules in Ukraine;
to ensure economical and rational use of financial and material resources;
to keep accounting, operational accounting, and statistical reporting under the applicable law of Ukraine;
The Reserve may acquire other rights and obligations in accordance with the applicable legislation of Ukraine.
The activities that are subject to licensing or require the necessary special permit may be implemented after obtaining them.
Interference of the public administration bodies into the Reserve’s financial, economic, and other activities is allowed only in the cases provided by the legislation of Ukraine and this Charter.
PURPOSE AND MAIN TASKS OF THE RESERVE’S ACTIVITY
The Reserve is a 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.
The Reserve includes museums (i.e. Literary-Memorial Museum of Alexandr Pushkin and Petro Tchaikovsky, Historical Museum, Art Gallery) that are the monuments of national importance (such as Green House – the outbuilding of the Davidov’s estate, water mill, park, grotto), the house and tomb of Maria Davydova – the sister of Petro Tchaikovsky), natural monuments (such as Tyasmin canyon, Pushkin’s Rock).
The Reserve’s main tasks are:
ensuring compliance with the Reserve’s regulations and regime of work;
implementation of measures for protection and preservation of the Reserve, maintenance and reproduction of the traditional nature and its environment;
performing cultural, educational, and research activity in the field of protection and maintenance of cultural heritage and museum business, and tourist activity.
In accordance with the tasks assigned to the Reserve, it performs the following activities:
fulfils work on identification, fixation, classification, drawing up of accounting documents relevant to properties of cultural heritage, and prepares documents for their state registration;
prepares draft protection agreements for cultural heritage sites that are part of the Reserve;
develops scientifically substantiated proposals on establishing the mode of preservation and use of the Reserve’s sites, ensures their security and maintenance, protection and proper use;
informs the relevant body for protection of cultural heritage about damage, destruction (occurrence of a damage or destruction threat) of the Reserve’s sites;
provides scientific and methodological guidance during the research, conservation, rehabilitation, restoration, repair, adaptation, and museification of the Reserve and other works on the Reserve’s territory or within its protection zones;
submits conclusions on the possibility of advertising on the territory of the Reserve and in its protection zones to the relevant body with the objective to protect cultural heritage;
takes measures to prevent and stop violations of the requirements of the legislation relevant to 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 the Reserve’s sites and other property;
performs all works relevant to acquisition and accounting of museum collections in the manner prescribed by the applicable law;
performs all works relevant to arranging exposition;
pursues information and publishing activities in order to promote the reserve management and studies, coverage of the issues on protection of cultural heritage sites;
organizes and coordinates the scientific and research works in the Reserve with involving other organizations (if necessary) on a contractual basis;
forms museum, Reserve and archival funds;
pursues efforts on international cooperation, concludes agreements with foreign individuals and legal entities in accordance with the applicable legislation;
organizes work on training and advanced training of reserve employees;
takes measures to develop the infrastructure of excursion and recreational services on the Reserve’s territory, and provides paid services, the list of which is to be approved by the Cabinet of Ministers of Ukraine;
takes other efforts to protect and preserve the Reserve’s sites and other properties.
the activities that adversely affect or may adversely affect the state of security or preservation of cultural heritage sites, the regime of their protection and use is prohibited within the Reserve area and the historical and cultural protected area.
ADMINISTRATION BODIES AND ADMINISTRATION STRUCTURE
The Reserve independently plans its activities, determines the strategy and main directions of its development in accordance with the organization plan for the territory of the historical and cultural reserve, which is approved by the Office.
To consider the issues related to the Reserve’s property protection, undertake studies, research, scientific, and methodological works, the Reserve may form advisory bodies consisting of scientists, leading experts, specialists of other scientific and creative institutions and organizations, members of the public associations, etc. The composition of advisory bodies is approved by the director of the Reserve in agreement with the Department or the body, to whose administrative management domain the historical and cultural reserve belongs.
The Reserve is managed by the Founder, while the branch administration is fulfilled by the Department.
The Director directly manages the Reserve’s activities.
Appointment of director to the position and his/her dismissal from the office is to be made by the decision taken at a session of the Cherkasy Regional Council or by attorney to a body with delegated powers to do this.
The Reserve’s Director is appointed on a competitive basis in accordance with the applicable legislation of Ukraine and the relevant decisions of the Founder.
When appointing the Director of the Reserve, a relevant contract shall be concluded with him / her for a period of 5 years, which defines the term of employment, rights, responsibilities, responsibility to the Founder and the staff, remuneration, the conditions of his/her dismissal, and other terms and conditions, which are subject to agreement between the parties.The Director of the Reserve must: have higher education and work experience in the field of culture for at least three years; speak and write in the State language (Ukrainian) and is capable to fulfil the relevant job responsibilities in terms of relevant business and moral qualities, educational and professional level.
A person must not be appointed to the position of the Director of the Reserve, if:
the person was declared incompetent or his/her legal capacity was limited by the court’s decision;
he/she has a criminal record for commissioning a crime (crimes), if such a criminal record (records) has not been revoked or removed in the manner prescribed by the applicable law, or during the last year there was imposed an administrative penalty for committing a corruption offense;
the person is a relative or a member of a manager’s family who, in accordance with the statutory documents, manages the Reserve, namely, is the Founder or a member of the Department.
The Director of the Reserve must:
to manage the activities of the Reserve, is responsible for the implementation of the tasks assigned hereto;
monitors the observance of the regime of conservation and preservation, and use of its sites and other property that is established on the territory of the historical and cultural reserve;
approves regulations on the Reserve’s structural subdivisions;
issues orders and directives, which are obligatory for all employees and structural subdivisions of the Reserve;
represents the Reserve in the state institutions and other government bodies without a power of attorney, and is responsible for the results of its activities before the Department and the Founder;
manages the Reserve’s funds in accordance with applicable legislation and this Charter;
prepares and makes estimates, concludes contracts and agreements, gives instructions, opens treasurer’s accounts and bank accounts;
hires and fires employees of the Reserve in accordance with applicable legislation of Ukraine;
ensures compliance by the Reserve’s employees of labour protection requirements and fire safety rules in Ukraine;
divides responsibilities between the Reserve’s employees;
takes measures for incentives and disciplinary sanctions;
controls the observance of staff and financial discipline in the Reserve;
submits “The Rules of Internal Labour Regulations” and “Staff Agreement” for approval to the General Meeting of the Labour Staff;
at least once a year reports to the Founder and the Department about the works and services performed in the Reserve.
ensures compliance with anti-corruption legislation, including the prevention of any possibility of any conflict of interest, and then immediately notifies in writing directly the chairperson or the person performing his/her duties about a present conflict of interests.
The Department approves the maximum number of the Reserve employees.
To ensure compliance with the protection and use of the Reserve’s sites and other property in agreement with the Founder and the administration body, to which the Reserve belongs, one or more branches of the reserve may be established, which operate on the basis of the provisions approved by the Reserve.
PROPERTY, FINANCIAL AND ECONOMIC ACTIVITY OF THE RESERVE
The Reserve’s property consists of fixed and applicable assets, as well as other values, the cost of which is reflected in its independent balance.
In addition to the fact that in accordance with the applicable legislation of Ukraine, the Founder manages the Reserve’s property that belongs to the state form of ownership, and thus it is the common property of territorial communities of the villages, settlements, cities of Cherkasy region.
The sites and objects that are part of the Reserve’s property, and other property necessary to ensure the Reserve’s activities, which is in communal ownership, shall be transferred under the operational management of the Reserve. The property transferred to the Reserve for operational management shall not be subject to alienation and may not be the subject of a pledge.
The sources of the Reserve’s property formation:
state or local budget funds;
own revenues received in the manner prescribed by law;
charitable donations, grants;
other sources not prohibited by law.
The relationship between the Reserve and the Founder in terms of possession, encumbrance, and disposal of property is governed by the applicable legislation of Ukraine and this Statute.
Expropriation of the Reserve’s property (write-off, transfer, etc.) and settling other property transactions concerning the possession and disposal of communal property objects is to be implemented in accordance with the features and requirements of applicable legislation of Ukraine, in the manner prescribed by the Founder.
Issues of using the State Property in the Reserve’s activities are regulated by the current legislation of Ukraine.
The land plots within the Reserve area are provided hereto for use in accordance with the applicable law.
The Reserve stores museum objects, museum items, and museum collections belonging to the state part of the Museum Fund of Ukraine, which are belonging to the state property and assigned to the Reserve on the right of operational management. Museum objects, museum collections, museums items referred to the state part of the Museum Fund of Ukraine are not subject to alienation, except for exchange for other museum objects, museum items, and museum collections. The decision to exchange with museum objects, museum items, museum collections belonging to the state part of the Museum Fund of Ukraine is made by the central executive body that implements the state policy in the fields of culture and arts.
The Reserve stores museum objects, museum items, and museum collections belonging to the state part of the Museum Fund of Ukraine, and the items of museum values which are to be deposited to the state’s property part of the Museum Fund of Ukraine are not subject to privatization and cannot be the subject of a pledge.
Accounting, storage, and exhibition of museum objects, museum collections, museums items referred to the state part of the Museum Fund of Ukraine is fulfilled according to the applicable legislation of Ukraine.
There are monuments of cultural heritage (hereinafter – the Monuments) of national and local significance on the territory of the Reserve.
Preservation and use of cultural heritage sites in the Reserve, regulation of legal, organizational, social and economic relations with them is fulfilled in accordance with the Law of Ukraine “On Protection of Cultural Heritage”.
The cultural heritage sites that are monuments (except for monuments, the alienation or transfer of which is limited by the applicable legislation of Ukraine), may be alienated, as well as transferred by the owner or his authorized body for possession, use or management by other legal or physical person with the consent of the relevant body with the aim to protect the cultural heritage.
Monuments, their parts, related movable and immovable property may not be demolished, altered, replaced, moved (transferred) to other places.
Moving (transferring) the monument to another place is allowed as an exception in cases where it is impossible to keep the monument in place, if it is subject to scientific studies with the aim of studying and fixing the monument condition (such as measurements, engineering survey, etc.).
The reserve is obliged to keep the monuments in proper condition, to make timely repairs, protect from damage, destruction, or demolition in accordance with this Law and the Protection Agreement.
The monument should be used in accordance with the modes of use established by the cultural heritage protection authorities, 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.
It is prohibited to change the monument’s purpose, 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.
The issues of damage, destruction, or demolition of monuments are resolved in the manner and in the way prescribed by applicable legislation of Ukraine.
Requirements of fire, sanitary, environmental protection bodies and other interested bodies regarding the conditions of maintenance and use of monuments may not lead to changes in monuments, and thus shall not impair their aesthetic, historical, artistic, scientific, or artistic value.
Cultural heritage protection bodies are obliged to prohibit any activity of legal or natural persons that poses a threat to monuments on the territory of the Reserve, or violates legislation, state standards, norms and rules in the field of cultural heritage protection.
The Reserve ensures the preservation, maintenance, conservation, restoration, rehabilitation, museification, and repair of the monument at the expense of the State Budget and own revenues, unless otherwise is provided by the relevant contract or applicable law.
The Reserve is responsible for violation of the applicable legislation on protection of cultural heritage in accordance with the applicable legislation of Ukraine.
The Reserve is a non-profit institution maintained at the expense of the regional budget. The Department is the Chief Fund Manager for the Reserve’s means.
The revenues (profits) of the Reserve or its parts are not subject to distribution between the Founder, the Reserve’s employees (except for labour remuneration, taking into account the single social contribution), members of government, and other persons associated with them.
The revenues (profits) are used exclusively for financing from taxes on the maintenance and development of the Reserve, implementation of its purpose (objectives, goals, tasks), and the directions of activity defined by this Charter.
Forms and systems of remuneration, conditions, and indicators of bonuses for the Reserve’s employees, the procedure for establishing bonuses for high achievements in work or during the performance of particularly important work, as well as the procedure for establishing and abolishing increased salaries, scholarships, surcharges for acting employees and temporarily absent employees, making changes to staffing schedules is implemented by order of the Director of the Reserve in accordance with the Charter.
The Reserve’s own revenues unused in the current year are not subject to withdrawal, and are not taken into account when determining the amount of the State budgetary allocated funding for the next year, and are to be used in the next financial year exclusively for the Reserve’s statutory activities.
The Reserve monitors for the targeted and efficient use of budgetary funds and reports about it to the Department.
The State Budget allocations and funds received from additional sources of funding for the Reserve shall not be withdrawn during the budget period, except as provided by applicable law. The funds received from additional sources of funding do not reduce the amount of budget funding for the Reserve.
The amount of payment for the provision of paid services is set by the Reserve annually in the national currency of Ukraine.
POWERS OF THE FOUNDER
The Founder’s exclusive competence includes:
approval of the Reserve’s Charter, changes, amendments, and additions hereto;
provides monitoring and control on compliance with the Charter’s requirements relevant to the Reserve and taking decisions in connection with their violation;
taking decisions on assignment of assets and alienation of other property transferred to the Reserve;
provides control over the efficiency of using the property that is held on the Reserve’s balance;
hearing reports of the Director about the Reserve’s activities;
making decisions on reorganization or liquidation of the Reserve;
other powers determined by the applicable legislation of Ukraine.
The Founder has the right to initiate a comprehensive audit in the field of the Reserve’s financial and economic activities by relevant bodies.
The Founder may authorize another person to approve and sign the Reserve’s Charter, changes, and amendments hereto.
THE LABOUR STAFF
The Reserve’s labour staff consists of the persons who participate in the Reserve’s activities by their work obligations based on employment contracts and agreements that regulate the employees’ employment relations with the Reserve.
The Reserve’s employees are subject to mandatory state social insurance in case of injury or occupational disease resulting from the performance of duties, and the pensions shall be provided in accordance with applicable legislation of Ukraine.
The powers of the Reserve’s labour staff are exercised by the General Meeting, which is convened as 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 labour staff members.
The General Meeting of the labour staff is entitled for the following actions:
to consider the draft of Labour Agreement and make decisions on approval or rejection of this draft;
consider and resolve the issues of the labour staff’s self-government;
to determine and approve the list and procedure for granting social benefits to the Reserve staff from the Reserve ‘s funds;
to participate in the material and moral stimulation of productive labour, initiate petitions to encourage employees, etc.
The Labour Agreement is concluded between the Director on the one hand, and the authorized body of the Labour Staff on the other hand. The Labour Agreement regulates production, labour, and economic relations, issues of remuneration, social and labour guarantees of the labour staff with the Reserve’s administration.
The Internal Labour Regulation are determined by the Labour Regulations in the Reserve, which are approved by the labour staff at the request of the Director and the authorized body of the labour staff based on the Standard Rules on Internal Labour Regulations for workers and employees of enterprises, institutions, and organizations.
Disagreements and disputes that arise when concluding or executing the Labour Agreement shall be resolved in accordance with the procedure established by the applicable legislation of Ukraine.
The parties who have concluded the Labour Agreement shall report on its implementation at the meeting of the Labour Staff at least once a year.
TERMINATION OF THE RESERVE’S ACTIVITY
Termination of the Reserve’s activity can be implemented by the way of its reorganization (merger, accession, division, transformation), or liquidation; it is to be implemented according to the Founder’s decision in coordination with the central executive body providing formation of the state policy in the fields of culture and arts provided by applicable legislative acts of Ukraine, or by the court’s decision.
Upon reorganization or liquidation of the Reserve, all dismissed employees are guaranteed observance of their rights and interests in accordance with the applicable legislation of Ukraine.
In case of termination of the Reserve’s activity, the property and funds remaining after settlements with the State Budget, satisfaction of claims of creditors and members of the labour staff must be transferred to one or more non-profit organizations of the appropriate type or credited to the regional budget’s revenue.
The Reserve’s liquidation is considered to be completed, and the municipal institution is considered 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 CHANGES, AMENDMENTS, AND ADDITIONS
The Reserve’s Charter is to be approved by the Department, the Founder or its authorized person, and registered in accordance with the applicable legislation of Ukraine.
The Reserve has the right to make proposals for changes, amendments, and additions hereto. In this case, the Department, the Founder, hereof must approve those changes and additions or a person authorized by him/her, and registered in the manner prescribed by the applicable law.
FINAL PROVISIONS
On the issues not regulated by this Charter hereof, the Reserve is guided by the applicable legislation of Ukraine.
If any clauses of the Charter is declared invalid hereof, this does not apply to the rest of its clauses hereto.
If any provisions of this Charter hereof, in connection with amendments to the legislation become contrary hereto, the Founder is to apply the rules provided by applicable law and undertake to amend the Charter at the Reserve’s request.
All other issues of the Reserve’s activity not covered hereof are regulated by the applicable
