Provisions of the National Historical Memorial Preserve "Babyn Yar"

Order of the National Memorial

Institute of Ukraine

 

 from "_____" ___________2010 № _________

 

 Acting Ukrainian President

of the National Memorial

Institute of Ukraine

 

I.R. Yukhnovsky

 

 

 

 

 

1. Terms

 

 1.1. National Historical Memorial Preserve Babyn Yar (hereinafter referred to as Reserve) is a cultural, educational and research institution, created by the directive of the Cabinet of Ministers of Ukraine from the 1-st of March 2007 № 308 "Concerning the State Historical Memorial Preserve Babyn Yar” on the base of the complex of historical monuments on the place of the mass elimination of civilians and prisoners of war in the Babyn Yar ravine during the Nazi occupation.

National Preserve status was granted by directive of the President of Ukraine from 24.02.2010, № 258/2010 "On giving to the National Historical Memorial Preserve Babyn Yar the national status".

1.2. The Preserve is a subject of the state ownership and is in the sphere of management of the National Memorial Institute of Ukraine and has a special cultural, historical and scientific value.

 1.3. The Preserve area is in the state ownership and transfered to it (to the Preserve) in the permanent use according to the procedure, established by the law.

1.4. The Preserve activity is guided by the Constitution and laws of Ukraine, Decrees of the President of Ukraine, Cabinet of Ministers of Ukraine, the National Memorial Institute of Ukraine, other regulations, these regulation and international documents in the sphere of preservation of historical and cultural heritage, ratified by Ukraine, recommendations of UNESCO, International Council on Monuments and Sites (IKOMOS) and the International Council of Museums (ICOM).

 1.5. The reserve is a legal entity with its own balance, registration accounts in the State Treasury of Ukraine, including foreign currency account in bank, the seal of the State Emblem of Ukraine and its proper name, stamp of the set design and other details.

 1.6. The Preserve is a nonprofit organization, conducts operatings and accountings, static reports and submits financial reports in a timely manner to the relevant governmental bodies, under the law.

1.7. The Preserve is the basic Ukrainian institution that commemorates victims of the Holocaust, the Nazi terror and political repressions and conducts studies and research of their burials in Ukraine and abroad.

1.8. Preserve participates in realization of the international treaties of Ukraine related to the perpetuation of the memory of victims of the Holocaust, the Nazi terror and political repressions.

1.9. Full name of the Preserve in Ukrainian: Nazionalnyi, istoryko-memorialnyi zapovidnyk "Babyn Yar" in Russian: Nazyonalny, istoriko-memorialny zapovednik "Babi Yar" in English: The National Historical Memorial Preserve Babyn Yar.

 Short name: in Ukrainian: NIMZ "Babyn Yar", in Russian: NIMZ "Babi Yar" in English: NHMP "Babyn Yar".

 1.10. Address: 04086, Ukraine, Kyiv, Petropavlivska str., № 15.

 

2. Objectives of ThePreserve

 

 2.1. The main objectives of The Preserve are:

 - Preserve and perpetuate the memory of victims of the Holocaust, the Nazi terror and political repressions, taking measures to identify, study, registrate, protect, preserve, maintain and use properly, conservate, restorate, rehabilitate and museumificate the cultural heritage objects, and areas and moving objects, connected with them;

 - Organizing and carrying out of research, scientific and methodical, museum, exhibition, excursion, cultural and educational activity to present the history of the tragic events of political repressions and mass elimination of Kyiv residents and prisoners of war in Babyn Yar by the Nazis;

 - Forming of sense of patriotism and historical consciousness, spiritual enrichment of the citizens.

 

 2.2. The main activities of The Preserve are:

 

 2.2.1. In the field of cultural heritage protection:

 - Development of scientifically-based proposals for saving and manner of use of the cultural heritage objects that are part of the Preserve, to ensure their retention, protection, preservation and proper use;

 - Conducting of the scientific research expeditions, archaeological excavations;

 - The work on discovering, studying, recording, classification of the stationary objects of cultural heritage, that are part of the Preserve, related moving objects, works of monumental, fine arts, applied arts, preparing documents for their state registration;

 - Providing of complex science-based measures for rehabilitation, restoration, conservation, museumification and adjustment and repair of cultural heritage, the disclosure of their most characteristic features, restoration of the lost or damaged items.

 

 2.2.2. In the field of inventory and saving of funds:

 - Formation of the museum, archive and library collection with materials that contain information about the Holocaust, the Nazi terror and political repressions;

 - Providing of activities, according to the procedures, determined by the legislation for the inventory of the museum objects and collections, organization of appropriate conditions of storage and provision of necessary preventive and restoration work;

 - Development of proposals and targets for restoration, museumification of the fund items, the organization of restoration works;

 - Creating of conditions for public review of the funds and their introduction into scientific circulation by exhibitions, creating of files, directories and guides.

 

 2.2.3. In the field of research:

 - Discovering and studying of the objects of cultural heritage, related to the Holocaust, the Nazi terror and political repressions, search and studying of archaeological and documentary materials that contain information about these events on the territory of Preserve, the administrative area of ​​Kyiv and other regions related to the subject of the Preserve;

 - Integration of scientific base of the museum through the organization of scientific research expeditions;

 - Identifying and studying of the materials that are stored in archives, libraries, museum funds and other relevant institutions;

 - Organizing and participating in scientific conferences and seminars;

 - Development on the base of scientific research of the general scientific concept of the Preserve activity, plans of museumification of monuments, determination of forms, methods and content of the monument protection, fund and exhibition activities.

 The research activity of the Preserve is issued in the form of theoretical, scientific and methodological works, popular science publications, subject-exhibition plans, scientific reports on the expeditions, monographs and articles, research files, directories, the fund reviews, research passports and description of the stationary monuments , museum collections and separate items, research and support materials.

 

 2.2.4. In the field of cultural work:

 

 - Providing of excurcions around the territory of Preserve and museum expositions;

 - Organization of commemoration of the dates related to the tragic events that took place in Babyn Yar during the German Nazi occupation and participation in the commemoration of dates associated with other tragic events of the history of Ukraine;

 - Organization of the theme evenings, lectures, meetings with representatives of culture and science, prominent people of Ukraine and abroad, and other events in and outside the Preserve;

 - Providing of the scientific consultations on the Holocaust, the Nazi terror and political repressions, methodological and practical assistance in the construction of monuments and the creation of museums and memorial complexes associated with these events;

 - Development of the excursions Infrastructure on the territory of Preserve, providing of respective paid services and pricing them in accordance with legislation;

 - Promotion of its activities through research, scientific and popular periodicals, radio, television and other media, distribution of printed production.

 

 

 2.2.5. In the field of museum and exhibition work:

 

 - Organization of exhibitions and expositions, including mobile, based on thematic-exposition plans;

 - Exchange of exhpositions and exhibitions with cultural institutions of Ukraine and other countries, providing exhibits for exhibitions, including abroad, in appropriate order.

 

 2.2.6. In the field of archival and library work:

 - Acquisition of scientific libraries in accordance with the specific activity of the Preserve.

 According to the results of its activity, the Preserve forms the scientific archive, which includes:

 - Perspective and annual plans and reports on their implementation, minutes of meetings of the Scientific Council, Stock-Procurement Commission, the results of research;

 - The inventory documentation on the objects of cultural heritage, that are part  of the Preserve, thematic and thematic-expositional plans of the museum expositions and the held exhibitions;

 - Methodical elaborations of excursions, literary and artistic activities, texts of lectures;

 - Sketches and photos, film, video, audio and other materials that have a scientific or cultural value;

 - Correspondence;

 - Materials on celebration of the memorable dates and e.t.c.

 

 2.2.7. In the field of publishing:

 

 - Preparation of the scientific and popular scientific publishing production to reflect the activities of the the Preserve: collections of articles, conference proceedings, directories, museum collections, scientific monographs and popular science books, booklets, guides, leaflets and other printed production.

 

 

 3.1. All the attractions and facilities, land areas, located within the Preserve are used for scientific, cultural, educational, recreational and environmental purposes in accordance with the established order of their exploitation.

 3.2. The regime on the territory of Preserve shall be determined according to the laws of Ukraine, taking into account the characteristics and purpose of historical and memorial objects and natural systems.

 3.3. Rules of conduct for the visitors are determined by the Preserve.

 3.4. Within the Preserve any  economic or other activity that doesn’t correspond the intended purpose of the Preserve is prohibited, namely:

 - Activities which may lead to destruction, alteration or damage of cultural heritage, historic environment, natural complexes and objects;

 - Actions that change the hydrological regime of the Preserve lands, damage the soil;

 - Conduction of archaeological research without the permission of the state bodies on protection of cultural heritage and the Preserve;

 - All types of forest utilization, grazing, damage to vegetation;

 - Killing and capturing of the birds and animals, destruction of their nests;

 - The ground, construction, irrigation, agricultural and other activities within the Reserve without the permission and approval of the state bodies on protection of cultural heritage and the Preserve;

 - Movement of mechanized vehicles on the roads of Preserve, but the transport connected with the repair and restoration works, the formation of landscape of the park, area sanitation and other works related to industrial activity of the Preserve;

 - A professional television, film, video and shooting of the objects without the permission of the Preserve.

 3.5. Protection zones are established around the Preserve. Within the protection zones of the Preserve any activitiy that harmfully affects the compliance of exploitation regime of this area is prohibited.

 

 

 4.1. The Preserve has the right to:

 - Engage in the established order, by contract, legal and physical persons for solving the questions within the competence of the Preserve;

 - Form, if necessary, commissions and expert groups, conduct contests, conferences, convene meetings on the matters within its competence;

 - Get in the established order, from the government bodies, enterprises, institutions and organizations, the documents and materials to carry out its tasks, including archaeological and other materials from the scientific and design organizations to form a museum, library and archival assets;

 - Use in the established order, images of monuments, objects of the Preserve, architectural and art reproductions, art and other cultural values ​​that are stored in its collections and funds, and provide a right to other businesses and individuals to use these images in accordance with legislation;

 - In accordance with the established by the legislation order to acquire immovable and movable property, needed for its activities, to acquire on its own name the property and nonproperty rights and bear obligations of the plaintiff and defendant in court;

 - To publish scientific, scientific-popular production on the main direction of the Preserve activity and have its own publication;

 - Produce and sell souvenirs related to the subject matter of the Preserve;

 - To open branches according to the areas of activity under the current provision. Activity of the branches is conducted within the power, granted to them on behalf of the Preserve;

 - Carry out international cooperation in the spheres of protection, research and exploitation of monuments of culture, exchange of exhibitions, scientific and other information and join the international museums, the monument protection organizations and foundations;

 - Send its employees abroad, for foreign economic and cultural activities, as well as attract foreign organizations and individuals for cooperation.

 4.2. The Preserve has the exclusive right to conduct excursions on its territory and objects.

 

 

 5.1. The structure and staff list of the Preserve is determined by its director within the payroll and the number, established by the order and approved by the National Memorial Institute of Ukraine.

 5.2. The structure of the Preserve may vary according to the payroll or implementation of the master plan of the Preserve development in consent with the Property Management Agency. Subdivisions of the Preserve act on the basis of separate provisions, approved by the Director of the Preserve.

 5.3 Exercising its rights as advisory body, the Preserve forms scientific and scientific-methodological council, stock-purchasing commission and other advisory bodies to consider issues of protection of the cultural heritage objects, conducting research, expositional, fund, scientific, educational and other activities of the Preserve. These advisory bodies of preserve are based on certain provisions approved by the Director. They include research assistant of the Preserve, government representatives, NGOs and creative unions, research scientific-institutions. The structure of advisory bodies is approved by the Director of the Preserve.

 

 

 6.1. The managing authority of the Preserve is the National Memorial Institute of Ukraine, which is subordinated to preserve.

 6.2. Chairman of the National Memorial Institute of Ukraine appoints to the post (and fires) by contract, the director, who heads the Preserve.

 6.3. Director of the Preserve:

 - Manages the activities of the Preserve, responsible for performing tasks, assigned to the Preserve;

 - Monitors the observance of the Preserve regime and order of exploitation of monuments;

 - Within the payroll determines the structure and staff list of the Preserve, that is approved by the National Memorial Institute of Ukraine;

 - Approves the regulations on structural units of the Reserve;

 - Defines the functional responsibilities of associate directors, unit managers and employees;

 - Forms the staff of the Preserve in accordance with the law, appoints and fires employees of the Preserve;

 - Sets the salaries, extras for high achievements in labor, the additional payments for holding of more than one appointment, extension of service zones or scale of increase of the volume of performed work, as well as performance, but the main work, the duties of absent employees, approves the order and volume of bonuses for employees, depending on the individual contribution, within the payroll in accordance with legislation of Ukraine;

 - Issues within his competence, the local administrative acts, organizes and controls their implementation;

 - Acts on behalf of the Preserve without authorization, represents its interests in government bodies, enterprises, institutions and organizations of Ukraine and abroad, and administers the funds within the Preserve financing, opens accounts in the offices the State Treasury of Ukraine, holds the property to the extent permitted by the law, concludes the labor contracts, commercial and other agreements, issues the orders, submits a budget of expenditure and staff list for the approval of the National Memorial Institute of Ukraine;

 - Uses different forms of the labour organization and flexible labour regimes, which do not contradict the legislation of Ukraine;

 - Applies the measures of moral and material incentives, imposes penalties on employees in accordance with the law;

 - Take measures to compensate the losses caused by violation of the law on cultural heritage protection and environmental protection by the enterprises, institutions, organizations and citizens.

 6.4. Director of the Preserve may delegate authority under the p.6.3. of this Regulation, by issuing orders.

 6.5. Director of the Preserve assignes, with consent of the National Memorial Institute of Ukraine - the chief custodian of funds.

 

 

 7.1. Property of the Preserve consists of manufacturing and non- manufacturing assets, and other values, ​​assigned to the Preserve by the right of operative management, which price is registered in the independent balance of Preserve.

 7.2. Property assigned to the Preserve, is in the state ownersip  .

 Exercising the right of operational management, the Peserve owns, uses and holds the property, which is on its balance, according to the laws of Ukraine.

 7.3. The land area, on which Preserve is located, is the state property, and relates to the lands of historical and cultural destination and is transferred permanently into ownersip of the Preserve, in order, determined by the legislation.

 7.4. All exhibits that are protected by the Preserve are its basic assets and parts of the Museum Fund of Ukraine. The question of museum acquisition is coordinated by the stock-purchasing commission of the Preserve.

7.5. The Peserve sources of property are:

 - Property, transferred to the Preserve by  the body in whose jurisdiction the Peserve is referred;

 - Capital investments and allocations from the State budget of Ukraine;

 - Revenues received from ticket sales, selling of creative production and souvenirs, paid services;

 - Income from making of photos, video, television, films on the territory of Preserve;

 - Income from rent for use of buildings and facilities on the territory of Preserve;

 - Free or charitable contributions, donations from juridical and physical persons, including foreign currency;

 - Property, acquired from juridical and physical persons or received from them free of charge;

 - Income for work, performed (service) activities, conducted under the agreements with juridical and physical persons;

 - Other sources that are not prohibited by law.

 7.6. The land, fixed assets, other state property, assigned to the Preserve can not be pledged, used as an authorized capital in the creation of joint undertakings.

7.7. Alienation of property assigned to the Preserve shall be performed in the order, determined by legislation of Ukraine in coordination with the National memorial Institute of Ukrainian.

7.8. The Preserve has the right to lease buildings, facilities and equipment, vehicles, inventory and other materiel assets that are on its balance, write them off the balance, according to the laws of Ukraine.

 7.9. The Preserve is a customer of repair and restoration works for the monuments, assigned to it, and repair works for other property of Preserve.

7.10. Losses caused to the Preserve in the result of a breach of his property rights by juridical and physical persons shall be reimbursed under the legislation of Ukraine.

 

 

8.1. Activities of the Preserve shall be funded from the State Budget of Ukraine (general and special funds).

 8.2. The Preserve may have its own production and economic base, extensive tourist excursion infrastructure - museums, parking lots, kiosks, public areas, as well as museum shops for the realization of books, periodicals and other souvenirs of its own production and purchased for visitors of the Preserve .

 8.3. The Preserve funds consist of:

 - Appropriations from the state budget;

 - Income from the sale of excursion tickets, creative production and paid services;

 - Income from making of photos, video, television, films on the territory of Preserve;

 - Income from the provision of scientific consultations and other services to juridical and physical persons;

 - Income from rent for use of buildings, facilities and equipment, vehicles, inventory and other material values, which are on the balance of the Preserve;

 - Income for the use of the name, image of objects and symbols of the Preserve;

 - Income for work(service), cultural and educational activities, conducted under the agreements with juridical and physical persons;

 - Free or charitable contributions of enterprises, institutions, public organizations and individuals (including foreign currency);

 - Other sources of income, that are not prohibited by the law.

 Unused balances are not withdrawn in the special fund and are used in the next budget periods.

 8.4. The Peserve planns its own activities and determines the prospects for development, based on the tasks and functions provided by these regulation.

 8.5. Director of the Preserve and chief accountant shall be responsible, under the law, for the accuracy of accounting and statistical reporting.

 

 

 9.1. The staff of the Preserve includes all the people that are involved by their work in its activities on the basis of a labor agreement (contract) or other forms that regulate labor relations of the employee with the Preserve.

 9.2. The staff of the Preserve approves amendments to the Regulations on the Preserve, participates in collective agreement conclusion (discusses and approves the draft collective agreement).

The staff together with the director of the Preserve decides on improving of the working conditions, life and health, safeguards of compulsory medical insurance of the Preserve workers and members of their families, as well as other issues of social development in accordance with legislation, statutory Preserve documents and the collective agreement.

9.3. The authority of the Preserve is exercised by the general meetings of staff members and authorized stuff organization. Members of the authorized stuff organization shall be elected at a general meeting of the staff for 3 years at least by 2 /3 majority of voices.

9.4. Socio-economic issues, relating the activities of the Preserve, are solved by director and the staff of the Preserve and shall be reflected in the collective agreement. Collective Agreement also regulates the labour protection, production and labour relations of the staff with the administration of the Preserve.

 9.5. The right of collective agreement conclusion on behalf of the owner belongs to the Director of Preserve, and the right to sign a collective agreement on behalf of the staff - to representative of the authorized stuff organization.

 According to the labor stuff decision, the right of signing of the collective agreement may belong the head of the trade union committee of the Preserve.

9.6. The provisions of the collective agreement are obligatory for employees of the Preserve regardless of whether they are members of professional association and for both, director and the stuff of the Preserve.

 

 

 10.1. Termination of the Preserve activity shall be performed by reorganization (merger, joining, division, separation, transformation) or liquidation, by the decision of the Cabinet of Ministers of Ukraine or the court in accordance with the laws of Ukraine.

 10.2. Liquidation of the Preserve shall be performed by the liquidation commission, created under the legislation of Ukraine.

 10.3. Property and museum collections that remain after the liquidation of the Preserve, shall be used in accordance with the laws of Ukraine.