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[:uk]On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 5, 2018, No. 1029[:]

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Overview of Changes to the Resolution of the Cabinet of Ministers of Ukraine dated December 5, 2018, No. 1029

The Cabinet of Ministers of Ukraine, by resolution dated October 4, 2024, No. 1141, made amendments to the resolution dated December 5, 2018, No. 1029 “Certain Issues of the National Qualifications Agency.” These changes relate to two main aspects: the clarification of the maximum number of employees in the secretariat of the National Qualifications Agency and the presentation of the Agency’s Charter in a new edition.

1. Change in the Maximum Number of Employees in the Secretariat

According to the updated paragraph 3 of the resolution, the maximum number of employees in the secretariat of the National Qualifications Agency is set at 78 individuals. Of these:

  • 62 persons are financed from the general fund of the state budget;
  • 16 persons are financed from the special fund of the state budget.

This clarification allows for a more precise definition of the funding structure and the quantitative composition of the Agency’s personnel, ensuring transparency in the use of budgetary funds.

2. New Edition of the Charter of the National Qualifications Agency

The Charter of the National Qualifications Agency has been presented in a new edition, which details and clarifies its legal status, powers, structure, and operational procedures. The main provisions of the Charter include:

2.1. General Provisions

  • The National Qualifications Agency (hereinafter referred to as the Agency) is a permanently functioning collegial body that performs functions defined by law in the field of qualifications.
  • The Agency is composed of representatives from the Ministry of Education and Science (MES), the Ministry of Economy (MinEconomy), the joint representative body of all-Ukrainian associations of employers’ organizations, and the joint representative body of representative all-Ukrainian trade union associations.
  • In its activities, the Agency is guided by the Constitution and laws of Ukraine, acts of the President, the Cabinet of Ministers, and other normative legal acts.
  • The Agency operates on the principles of legality, professionalism, openness, impartiality, non-discrimination, efficiency, collegiality, and state-community partnership.
  • The Agency is a non-profit institution and a legal entity of public law.
  • The location of the Agency is: Ukraine, 03150, Kyiv, Antonovych Street, 180.

2.2. Powers of the Agency

The Agency is endowed with a wide range of powers, including:

  • Participates in the development of normative legal acts in the field of qualifications.
  • Coordinates the activities of stakeholders in the field of qualifications.
  • Ensures the support of the National Qualifications Framework and its harmonization with international documents.
  • Conducts analysis and evaluation of the effectiveness of state policy in the field of qualifications.
  • Participates in forecasting labor market needs for qualifications.
  • Creates and maintains the Register of Qualifications.
  • Develops and submits for approval to the Cabinet of Ministers procedures related to professional standards and qualification centers.
  • Conducts accreditation of qualification centers.
  • Engages in international cooperation in the field of qualifications.

2.3. Composition and Structure of the Agency

  • The Agency consists of 12 members – three representatives from each submitting entity (MES, MinEconomy, organizations of employers and trade unions).
  • Members of the Agency may work on a permanent basis or on a voluntary basis.
  • The term of office of Agency members is five years, with a possibility of serving no more than two terms.
  • Requirements for candidates for Agency membership regarding education, experience, and absence of restrictions defined by law are established.

2.4. Working Bodies of the Agency

  • To perform its functions, the Agency may establish committees, both permanent and temporary.
  • Committees must include Agency members, and experts and specialists may also be involved.

2.5. Management of the Agency’s Activities

  • The Agency is managed by the Chairperson and their deputies, who are elected from among the Agency members for a term of five years.
  • The Chairperson and their deputies work on a permanent basis and may not hold positions in civil service or engage in other activities restricted by law.
  • The powers of the Chairperson include organizing the Agency’s work, convening meetings, signing decisions, and representing the Agency in external relations.

2.6. Secretariat of the Agency

  • The Secretariat provides organizational, financial, and logistical support for the Agency’s activities.
  • The head of the secretariat and their deputy are appointed by the Chairperson of the Agency with the agreement of the Agency.
  • The Secretariat is established based on the staffing levels defined by the resolution and is financed from the state budget.

2.7. Property and Financing of the Agency

  • The Agency’s activities are financed from the state budget, grants, and other international assistance, as well as from other lawfully permitted sources.
  • The Agency’s property is state property and is assigned to it under the right of operational management.

2.8. Termination of the Agency’s Activities

  • The termination of the Agency may occur through reorganization or liquidation in accordance with the legislation.
  • The conditions for the early termination of the powers of Agency members and the entire composition are defined in the Charter.

Conclusions

The changes made by the resolution of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 1141, allow for the clarification of the structural and organizational aspects of the National Qualifications Agency’s activities. The new Charter regulates in detail the Agency’s powers, its interaction with other bodies and organizations, as well as its internal structure and management procedures. This contributes to enhancing the efficiency of the Agency’s work in the development of the national qualifications system and alignment with international standards.

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