of the Donetsk Institute for Physics and Engineering named after O.O.Galkin of the National Academy of Sciences of Ukraine
(the DonIPhT of the NASU)
Donetsk - 2002
I. GENERAL POSITIONS
1. The Donetsk Institute for Physics and Engineering named after O.O.Galkin of the National Academy of Sciences of Ukraine (the DonIPhT of the NASU), hereinafter referred to as the Institute, was founded according to the decisions of the Supreme Rada of Ministers of the UkSSR of 21.05.1965, N 493, the Presidium of the Academy of Sciences of UkSSR of 08.07.1965, N 181.
2. The Donetsk Institute for Physics and Engineering named after O.O.Galkin of the National Academy of Sciences of Ukraine is a heir-at-law of the Donetsk Institute of Physics and Technology of Ukraine (1991-1994).
3. The Institute is a part of the Department of Physics and Astronomy of the National Academy of Sciences of Ukraine (hereinafter referred to as the Department).
4. The Institute is a State scientific budgetary institution having an independent balance and the rights of a juridical person.
The Institute can conduct scientific and scientific and technical studies following the legislation in force, the Statute of the NAS of Ukraine “The Basic Principles of Organization and Activities of a Scientific-Research Institute of the NAS of Ukraine”, other normative statements of the NAS of Ukraine, and this Statute.
5. The Institute is an unprofitable institution. The economical basis of the Institute activities is the budgetary financing which has two constituents:
- the general fund comprising the volume of receipts to finance the scientific-research work, the purpose-oriented scientific and scientific and technical programmes, projects, themes and initiative developments;
-a special fund comprising the means received for the fulfillment of the state stipulated works, for carrying out an economical, including foreign economical, activity by the Institute structure, as well as those received by any other way not interdicted by law.
Having the right to the day-to-day management, the Institute uses the capital and circulating assets, and other property on terms of the unlimited use without changing its form and the state property which are attached to the Institute by the Presidium of the NAS of Ukraine.
6. Every five years the Institute reports on its scientific and scientific and organizational activities at the General Meeting of the Department of Physics and Astronomy, and, if necessary, at the Presidium of the NAS of Ukraine.
7. The Institute has a round seal with its name, the stamps with its name and requisites necessary for the office work, forms of the Institute, brand name, emblem, etc.
8. The legal address of the Institute: 72, R.Luxemburg st., Donetsk 83114, Ukraine.
II. SCIENTIFIC, SCIENTIFIC AND ORGANIZATIONAL AND ECONOMIC ACTIVITIES OF THE INSTITUTE
9. The main task of the Institute is to carry out fundamental and applied studies and research and engineering developments in the field of solid state physics to obtain new knowledge, to promote the scientific and technical progress of the society, namely:
* elaboration of novel methods of studying mechanical, magnetic, electrical, superconductive, resonance, optical properties of materials in a condensed state; an investigation of their crystalline, magnetic and electron structure, and making corresponding apparatuses and instruments;
* accumulation and systematization of data on micro- and macro-properties of solids under different external actions (high and low temperatures, high pressures and mechanical loads, strong magnetic and electric fields, high-frequency and optical radiation etc.);
* elaboration of physical bases to obtain materials with high operational characteristics as to mechanical strength, magnetic, electrical and optical properties; preparation of test specimens and small batches of such materials;
* promotion to practical use of scientific results and applied developments in the field of producing new materials and articles, their production processes, a corresponding equipment, instruments for scientific researches;
* participation in the elaboration and realization of national and international scientific and engineering programs and designs by the type of the Institute;
* training and recommendation of scientific personnel.
10. The Institute activities are carried out according to the main scientific directions confirmed by the Presidium of the NAS of Ukraine, long-term and annual plans of research and applied works.
11. With this object in mind, the Institute:
11.1. elaborates the main trends of investigations involving the science personnel and keeping in mind the decisions of the NAS of Ukraine and presents them to be approved in an established order. When specifying the scientific themes, there are taken into account the decisions of the General meetings, Presidium, Department of the NAS of Ukraine, as well as the recommendations of the problem scientific councils.
11.2. draws up, agrees upon and fulfils the plans of the scientific-research works, settles the issues of their material and technical supplies and financial security.
11.3. studies, analyzes and generalizes the achievements of the world science in its field and determines the possibilities of their use in different spheres of the society life, takes part in the elaboration and realization of international programs and projects.
11.4. makes forecasts and conducts an examination of the main trends of science and engineering.
11.5. organizes, holds and participates in the contests of scientific and applied works (projects, applications), and< in accordance with the contest results, provides necessary resources and guarantees the fulfillment of the corresponding researches.
11.6. holds conferences, councils, symposia, exhibitions, scientific schools both in this country and abroad.
11.7. is engaged in the information and publishing businesses, sets up scientific publications.
11.8. holds contests for filling vacant posts of heads of scientific departments and scientists, presents testimonials to the Institute employees.
11.9. fulfills the training of scientific personnel via postgraduate and doctor’s courses, attachment and training both in this country and abroad, as well as via higher school chairs and other forms.
11.10. coordinates the investigations which are carried out with other scientific-research institutions and organizations, gives help to the scientific institutions and higher schools of Ukraine to develop their scientific researches and train scientific personnel.
11.11. founds in an established order specialized scientific councils at the Institute for candidate’s and doctor’s dissertations to be defended.
11.12. organizes an upgrading in one’s qualification, including trainings of the personnel in the scientific centers of Ukraine and abroad.
11.13. guarantees a high quality of investigations, formations of the intellectual potential to realize the creative resources of the science personnel and social protection of the employees.
12. The Institute:
12.1. carries out the structure and manning schedule within the available funds and approves it according to the order established in the NAS of Ukraine.
12.2. solves the issues of using collective, contractual an other forms of payment for labor and elements of the intrainstitute self-supporting; gives bonuses to the employees according to the Institute statute on giving bonuses, carries out other kinds of encouragement of the Institute employees’ labor.
12.3. in an established order makes contracts and agreements on scientific and scientific and technical cooperation with the institutions and organizations, fulfils other kinds of economic activities, including the issues of the international cooperation.
12.4. in the order established by the legislation in force and the normative acts of the NAS of Ukraine, solves the issues on the entry to communities and associations, and on the management of other kinds of cooperation with organizations and enterprises, including the foreign ones.
12.5. acquires the rights of property to the objects of the intellectual property (scientific-research, scientific and design developments, discoveries etc.) in the order established by the legislation and under the agreement with its scientists and employees who are the authors and legal subjects to the objects of the intellectual property which have been created in the Institute.
12.6. has the right, in accordance to the legislation in force, to realize both at the domestic and foreign markets the objects of the intellectual property that belongs to the Institute, gives the scientific and technical and educational services, and to realize the specimens and small batches of instruments, equipment, materials and other science-intensive products, in addition, to carry out
- the manufacture of metals alloys, semi-finished items, bars;
12.7. on the terms of a treaty gives scientific, scientific and systematic support and educational services to other institutions and enterprises and, when the occasion requires, draws them in the accomplishment of the scientific investigations.
- the elaboration and production of the apparatuses for scientific researches;
- forging, (profile) stamping and forming of metals; powder metallurgy;
- metal working and coating;
- cold drawing of a metallic bar, shape or wire;
- the manufacture of spare and stocking parts for the machines used in metallurgy;
- manufacture of the metal working items which are used to meet industrial and operational requirements and to make up a set of products;
- the production of metal works;
- the operations on metal working;
- the production, repair and installation of mechanical equipment;
- the production, repair, assembly and installation of pumps, compressors and hydraulic systems, as well as spare parts to them;
- the production of machines and equipment of a general purpose to purify and filtrate liquids;
- the production of mechanical transmissions and their elements;
- the development and production of the equipment of a medical and biological purpose, including the diagnostic and medicinal apparatuses;
- the production of cryogenic liquids;
- advertising means.
12.8. in accordance with the agreements carries out the orders of legal and natural persons for scientific-research and scientific-design works and services, manufactures small batches of equipment, consumer goods.
12.9. organizes and carries out the works as to the metrological control of measurements in the sphere of scientific researches, developments and manufacture.
12.10. develops new methods and means of measurement.
12.11. provides the control, calibration, repair and hire of means of measuring facilities.
12.12. carries out the control, calibration of means of medical and measuring facilities for enterprises, organizations, institutions and citizens – the persons of business activities.
12.13. supplies heat and hot water to the objects of a various purpose and belonging, including blocks of flats; fulfils the maintenance, operation and repair of the heat supply installations.
12.14. provides feeding and trade services to the Institute employees and people, holds ceremonial and other mass arrangements, including ritual ones.
12.15. in an attempt to get the scientific and technical developments used in the production by the permission of the NAS of Ukraine, can take part in the foundation of the enterprises of a mixed form of ownership which get the property right belonging to the Institute transferred to their statute funds, and can gain a corresponding income from their activities, as well as can use other forms of linking science and industry.
The income the institute receives is used to carry out scientific researches, to train scientific personnel, to develop material and technical base and for other purposes which are determined by the Statute, funds and the main tasks of the Institute.
12.16. in the order established by the NAS of Ukraine, can draw up leases of property, including the real (immovable) property which is in the Institute account, and sale contracts as well.
The money the Institute receives due to the lease of property or sale of property are fully used to fulfill its Statute tasks.
13. The rights which belong to the Institute are realized by Director, the Institute Scientific Council, and other officials of the Institute according to the established allocation of responsibilities.
III. THE INSTITUTE STATUTE AND STRUCTURE
14. The Institute Statute is the main act which regulates its activities.
15. The Statute is developed by the Institute board of directors after its being discussed by the science personnel, then it is adopted by the Scientific Council, coordinated with the Department, and it acquires the force of law after its approval and registration in the Presidium of the NAS of Ukraine.
16. The Institute structure is developed by the Institute board of directors, considered by the Scientific Council, and approved by the Department of Physics and Astronomy of the NAS of Ukraine.
The Institute structural departments are A scientific-research department, a laboratory or section, an administrative and scientific and auxiliary departments and services. There can be formed science collectives, including those formed for a definite term on the basis of a contract to fulfill some particular tasks.
17. The Institute can found branches and scientific departments, design, technological bureaus and other specialized organizations as a structural subdivision without the rights of a legal person.
18. The Institute can found cost-accounting (with the internal economic accountability) subdivisions without the rights of a legal person.
19. The structural subdivisions without the rights of a legal person work according to the statement approved by the order of the Director after coordinating with the Institute Scientific Council.
20. In the line organization the Institute can have some separated departments with the right of a legal person which are founded to secure the Institute scientific and economic activities according to the decision of the Presidium of the NAS of Ukraine and act on the basis of the Statute which is coordinated with the Institute Board of Directors, adopted by the Institute Scientific Council, approved and registered in the order established by the NAS of Ukraine. The Statute of such a department should not be in conflict with the Statute of the Institute.
IV. THE INSTITUTE MANAGEMENT
21. The Institute management is implemented on the basis and in the order established by its Statute.
22. The Institute is headed by the director that is elected of the number of the leading scientists in the course of the contest at the general meeting of the Department of the NAS of Ukraine taking into account the viewpoints of the Institute employees for a term of five years and approved by the Presidium of the NAS of Ukraine. If the election does not take place, or if the Institute undergoes reorganization or a new institute is founded, the Presidium of the NAS of Ukraine can appoint a director (an organizing director) of the Institute for a term of two years.
Director runs the Institute and is responsible for its activities to the NAS of Ukraine, acts as a deputy of the Institute in all organizations according to the active legislation of Ukraine.
23. Director has the right
- to hire, to transfer and remove the Institute employees according to the active legislation of Ukraine;
- to hold contests for a vacancy of scientists; to approve the decisions of the Scientific Council on the results of the contests or elections to the posts for a new term, to approve the decisions of the certifying commission;
- on the basis of the decision of the Scientific Council to present a scientist to the conferment of an academic rank of professor and senior scientist;
- to approve the results of the contest of admitting to the postgraduate studies and the results of a periodical certification of post-graduates;
- coordinating with the Presidium of the NAS of Ukraine, to transfer post-graduates from one kind of the postgraduate studies to another within the plan of admitting to the postgraduate courses established for the Institute, and to make changes in the plan of admitting to the postgraduate course by the corresponding specialties;
- according to the active legislation of Ukraine to encourage the Institute scientists for high quality of scientific researches, an honest discharge of duties, innovation in work, inventions and rationalization proposals, and other successes in work;
- to impose disciplinary penalties on the Institute employees in the established order;
- on the base of the long-term plan of themes of the Institute, to approve the plans of scientific researches of the departments, laboratories, sectors and specialized groups of the Institute;
- to approve the publication of scientific papers of the Institute and the scheduled papers of its employees, and to permit the publication of the extra papers with the Institute name on the title-page;
- to be a representative of the Institute in the leading bodies of the NAS of Ukraine, in state institutions and public organizations;
- to speak on behalf of the Institute in legal, banking and other institutions, and to delegate some persons to conduct administrative, finance, economic, legal and arbitration matters of the Institute;
- to be in charge of money and other material resources of the Institute in accordance with the laws of Ukraine;
- to authorize some persons, including the right of entrusting;
- in accordance with the active legislation to apply appropriate measures as to material and technical supplies, capital construction and repairs of the Institute;
- to give orders and instructions in the Institute within its competence;
- to make contracts and agreements;
- to settle other questions as to the Institute management in accordance with the Statute.
24. The Institute founds the Scientific Council which is a collegial consultative body of controlling the science and scientific-and-technological activities of the Institute. The Scientific Council takes decisions and gives recommendations within its competence, the latter being defined by the Institute Statute. The chairman of the Scientific Council is the director of the Institute, the deputy chairman is the deputy director of the Institute in the scientific activities, and the secretary is the scientific secretary of the Institute.
There are 21 members in the Scientific Council.
25. Not less than three fourths of the Scientific Council members are elected for the term of the director’s authority by a secret voting at the conference of the Institute scientists, and its rest members are appointed by the order of the director of the Institute. The Scientific Council comprises all members of the NAS of Ukraine (academicians and Associate Members of the NAS of Ukraine) that work in the Institute. The leading scientists and specialists that do not work in the Institute can be elected (or invited) as members of the Scientific Council.
26. The Scientific Council of the Institute discusses the main trends of the science and scientific-and-technological activities of the Institute and recommends them for the approval by the Department and the Presidium of the NAS of Ukraine.
The Scientific Council considers the questions (of):
- connected with the improvement of the Institute structure;
- scientific cooperation with other organizations and institutions;
- holding meetings and conferences;
- the Institute international scientific cooperation;
- the scientific-and-publishing business; presentation of the outstanding scientific researches, scientific discoveries and inventions for rewarding with premium or decorating with a medal, including the international ones;
- nominating and discussing candidates to the post of the Institute director;
- election of scientists by the contest;
- making petitions for awarding academic ranks and honorary titles to the Institute employees;
- nominating candidates to the Members of the Academy of Sciences (academicians) and Associate Members of the NAS of Ukraine.
The Council analyses the state of the scientific researches realization, their maintenance and financial security, of staff training.
The Council passes:
- the programs, projects of the research-and-development activities;
- an annual report of the Institute scientific work.
The Council approves:
- the results of the scientists certification;
- the themes of the dissertations of competitors, those working for a doctor’s degree and post-graduates, and their research supervisors (consultants).
The Council recommends:
- applicants to the post of the deputy director in scientific work, scientific secretary, editors-in-chief and members of the editorial boards of the Institute scientific publications;
- other questions stipulated by the Institute Statute.
27. The Scientific Council can take decisions if not less than a half of the its personnel is present at the meeting, excluding the cases when there are discussed the questions concerning the personnel, presentation of the works for rewarding with premium or decorating with a medal, making petitions for awarding academic ranks and honorary titles to the Institute employees, - two thirds of the Council members should be present at the meeting.
The Scientific Council decisions are considered to be adopted if more than 50% of the Council members present at the meeting vote affirmatively, except the cases of making petitions for awarding academic ranks and honorary titles to the Institute employees when not less than three fourths of the Council members present at the meeting should vote affirmatively. The decisions are approved either by open voting or secret voting (at the Council discretion).
28. According to the decision of the Scientific Council there are formed the Scientific Council sections in the main lines of investigations of the Institute, and the scientific-and-technical councils (STC) at the main structural departments of the Institute. Activities and elections of the members of the Scientific Council and the STC are regulated by the Statements which are worked up by the board of directors and approved by the Institute Scientific Council.
29. The Director carries out the management of the Institute day-to-day activities with the help of the board of directors, the latter being formed of the deputy director in the research work, the scientific secretary and the deputy director in general issues.
30. The Institute deputy directors in the research work and the scientific secretary are nominated by the Director after negotiating with the Scientific Council and the Department, and are approved by the Presidium of the NAS of Ukraine after being represented by the Institute Director.
31. Deputy Directors in the research work are responsible for the science and scientific-and-organizational activities, for the organization of the labor protection measures in the scientific and auxiliary departments of the Institute, coordinate the Institute work with other organizations according to the established division of powers, draw up contracts and agreements concerning the science and scientific-and-technical activities of the Institute.
32. The Scientific secretary of the Institute is an assistant director in providing guidance of the science and scientific-organization activities of the Institute carrying out their duties according to the established division of powers.
33. The deputy director in general issues provides guidance of the work of the administrative-and-economic, material-and-technical services and departments of the Institute, is in charge of the organization of measures of the protection of the Institute territorial integrity and performs other functions according to the established division of powers.
34. Division of powers among the members of the board of directors is established by the Institute Director.
35. Heads of the Institute branches and scientific departments, as well as other separated structural scientific departments are elected by the Scientific Council of the Institute and are approved by the Presidium of the NAS of Ukraine after being represented by the Department.
36. Heads of the scientific departments, laboratories (sectors), chief, leading, senior scientists, employees, scientists, junior scientists take their positions by taking part in a contest or in accordance with the results of a regular professional certification. Heads of the scientific departments and chief scientists after being represented by the Institute Director and the Department are approved in their positions by the Presidium of the NAS of Ukraine, leading scientists are approved by the Department Bureau.
37. Scientists, engineering-and-technical personnel, other auxiliary personnel carry out their duties in accordance with the duty instructions approved by the Institute Board of Directors.
38. The Board of Directors and the Trade Union organization draw up a collective agreement which regulates in details the relationship of the work team and administration in accordance to the Law of Ukraine “On the Collective Agreements and Contracts”.
V. THE INSTITUTE PROPERTY AND FUNDS
39. Buildings, structures, equipments, instruments, devices, transport vehicles and other Institute property attached to the Institute are the State property and are listed in the Institute fixed assets.
40. The Institute funds comprise
1) money of the general fund of the State budget of Ukraine;
2) money of a special-purpose fund, namely:
* fee for services connected with the fulfillment of the basic functions and tasks;
* money which is received because of the Institute economic and/or production activities;
* payment for lease of property;
* money for realization of property;
* other sources of the Institute own income.
41. The State property of the DonIPhT of the NAS of Ukraine attached to the Institute is being in its day-to-day management without the right of changing the form of property.
Responsibility for the maintenance of the property attached to the Institute and its use for the development of scientific researches and introduction of the results is entrusted with the Institute Director.
The Institute is directly responsible for losses. The property maintenance control is performed by the Presidium of the NAS of Ukraine.
VI. THE INSTITUTE REORGANIZATION AND LIQUIDATION
42. The Institute reorganization (amalgamation, joining, separation, spinning-off, transformation) or liquidation is done by the Presidium of the NAS of Ukraine after being represented by the Department Bureau or by one of the vice-presidents of the National Academy of Sciences of Ukraine according to the established division of powers.
After the Institute liquidation, its property passes into the hands of the Presidium of the National Academy of Sciences of Ukraine.
The Statute is approved by the Scientific Council of the DonIPhT of the NAS of Ukraine on December 4, 2002. Minutes N 12.
Director of the Donetsk Institute for Physics and Engineering
named after O.O.Galkin of the NAS of Ukraine,
doctor of physico-mathematical sciences, professor V.N.Varyukhin
The Statute has been registered in the Law Department of the Presidium of the NAS of Ukraine.
Head of the Law Department of the Presidium of the NAS of Ukraine S.M.Chernovs’ka