Law of Ukraine

“On Creating and Placing Governmental Orders for Training of Specialists, Scientific, Teaching and Worker Staff, Advanced Training and Retraining”

Date of entry into force:
January 1, 2013

The Law regulates the specifics of relations arising in connection with creation and placement of governmental orders for training of specialists, scientific, teaching and worker staff, advanced training and retraining.

Article 1 of the Law provides definitions of terms used in it. For example, a governmental order for training of specialists, scientific, teaching and worker staff, advanced training and retraining (hereinafter referred to as “governmental order”) is a method of state regulation aiming to satisfy the social and economic need for qualified staff, increase the educational and scientific potential of the nation, and ensure the constitutional right of citizens to receive education according to their inclinations, interests and abilities. A governmental customer is a ministry, another central executive authority, the National Academy of Sciences of Ukraine, departmental national academies of sciences, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations, Kyiv and Sevastopol city state administrations, or another state authority defined by the Cabinet of Ministers of Ukraine as the principal administrator of budget resources.

According to Article 2 of the Law, a governmental order is created by the central executive authority that provides for creation and implements state policy in the sphere of governmental procurement, by suggestion of the central executive authority that provides for creation and implements state policy in the sphere of education, and by other governmental customers, with regard to the medium-term forecasted need for specialists and worker staff on the labor market, and to the amount of expenses allocated in the State Budget of Ukraine for such purposes. The work of governmental customers to allocate and fulfill governmental orders is coordinated by the central executive authority that provides for creation and implements state policy in the sphere of government procurement.

Medium-term forecast of the needs for specialists and worker staff on the labor market (hereinafter referred to as “medium-term forecast”) is prepared by:
  • the central executive authority that provides for creation and implements state policy in the sphere of government procurement, based on the data provided by the central executive authority that provides for implementation of state policy in the sphere of statistics (with regard to suggestions of other central executive authorities, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations, the Kyiv and Sevastopol city state administrations, the National Academy of Sciences of Ukraine, departmental national academies of sciences, and other budget institutions);
  • the joint representative body of national trade unions and trade union associations;
  • the joint representative body of employers on the national level.

To prepare a medium-term forecast and clarify its parameters, the central executive authorities, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations, the Kyiv and Sevastopol city state administrations, the National Academy of Sciences of Ukraine, departmental national academies of science, the joint representative body of national trade unions, and the joint representative body of employers on the national level submit statistical and other information to the central executive authority that provides for creation and implements state policy in the sphere of government procurement, before the 15th of September of each year.

Before the 1st of December of the current year, governmental customers supply the central authority that provides for creation and implements state policy in the sphere of government procurement with proposals to the draft of the governmental order for the year following the plan year, and the subsequent two budget periods, broken down by education and qualification levels, areas of knowledge, and specialties, with regard to the medium-term forecast. After the law on the State Budget of Ukraine for the appropriate year takes effect, governmental customers supply the central authority that provides for creation and implements state policy in the sphere of government procurement with proposals to the draft of the governmental order for the plan year, stating the annual average headcount, the approximate average training cost of one qualified worker, specialist, post-graduate or doctoral candidate, the amount of expenses allocated in the State Budget of Ukraine for such purposes, and appropriate substantiation of the proposals.

A governmental order for the two budget periods following the plan budget period, together with the totals of forecasted physical indicators broken down by educational and qualification levels, and scientific degrees, is approved by a separate resolution of the Cabinet of Ministers of Ukraine. In case of a need to alter the approved amounts of governmental order for the current year, governmental customers must supply the central executive authority that provides for creation and implements state policy in the sphere of government procurement with appropriate proposals, before the 1st of November of the respective year. A change of the physical indicators of the governmental order without increasing their totals for educational and qualification levels, and scientific degrees, is done by the central executive authority that provides for creation and implements state policy in the sphere of government procurement, based on a substantiated suggestion of the governmental customer. All other changes to the amounts of government procurement are done by the Cabinet of Ministers of Ukraine, by suggestion of the central executive authority that provides for creation and implements state policy in the sphere of government procurement.

According to Article 3 of the Law, a governmental order is placed by governmental customers on a competitive basis (except for the cases listed above), according to the procedure established by the Cabinet of Ministers of Ukraine by suggestion of the central executive authority that provides for creation and implements state policy in the sphere of education. A governmental order is placed by governmental customers without a competition in the following cases:
  • ensuring the defense of Ukraine, state security and protection of the state border, the Armed Forces of Ukraine, the Security Service of Ukraine, other military formations and law enforcement bodies and civil defense services, which are organized and operating according to the law;
  • ensuring training of specialists in an appropriate specialty by one educational institution, according to the issued license;
  • presence of a specific agreement on educational services between an educational institutions and the customer.

A governmental customer concludes a governmental contract with the performer of the governmental order, which establishes the economic and legal obligations of the parties and regulates the relations between the customer and the performer.
Внимание! Информация устарела из-за того, что этот раздел временно не обновляется!


вверх