1. GENERAL PROVISIONS
The Regulation on the Procedure for Competitive Selection for the Replacement of Vacant Positions of Scientific and Pedagogical Workers of the Odesa International Academy and the Conclusion of Employment Agreements (Contracts) with him (hereinafter referred to as the Regulation) was developed in accordance with the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Laws of Ukraine “On Education” ,
“On higher education”, “On scientific and scientific and technical activities”, resolutions of the Cabinet of Ministers of Ukraine “Some issues of implementation of Article 54 of the Law of Ukraine “On Higher Education” dated 19.08.2015 No. 656, order of the Ministry of Education and Science of Ukraine dated 05.10. 2015 No. 1005 “On the approval of the Recommendations on the conduct of competitive selection for the replacement of vacant positions of scientific and pedagogical workers and the conclusion of employment contracts (contracts) with them” (with amendments), the resolution of the Cabinet of Ministers of Ukraine “On the approval of the Licensing conditions for conducting educational activities” dated December 30. 2015 No. 1187, the Statute of the Odessa International Academy (hereinafter – the Academy).
The regulation was prepared with the aim of developing the mechanism and conditions for selection to positions by competition in order to comply with the requirements of the current legislation on education, to optimize the algorithms of labor relations in the Academy, to ensure the principle of autonomy of the higher educational institution and to improve the conditions for the initiative and independence of scientific and pedagogical workers (hereinafter – NPP) Academies taking into account individual abilities and professional skills, strengthening the joint responsibility of management and employees.
The regulation determines the procedure for the selection of persons for vacant positions of the NPP in the Academy, namely: deans of faculties, directors (institutes/colleges), heads of departments, professors, associate professors, assistants, senior lecturers, lecturers, head of the library, head of the graduate school.
The regulation does not specify the conduct of competitive selection when replacing the position of rector of the Academy, which takes place in accordance with Article 42 of the Law of Ukraine “On Higher Education”.
2. CONTEST TERMS
In accordance with part 11 of Article 55 of the Law of Ukraine “On Higher Education”, the recruitment of NPP is carried out on the basis of competitive selection. After that, an employment contract (contract) is concluded with the NPP.
The competition is a procedure of selection for a vacant position of the NPP, which aims to provide the institution of higher education with specialists who best meet the requirements of modern higher education.
Competitive selection is carried out on the basis of: openness, transparency, legality, equality of rights of applicants, independence, collegiality of decision-making and objectivity and reasonableness of decisions, impartiality towards candidates for filling vacant positions of the NPP.
The competition for filling the positions of the NPP in the procedure of competitive selection is announced for vacant positions. The position is considered vacant:
after dismissal of the NPP on the grounds provided for by the current legislation of Ukraine;
when introducing a new position to the staff list of the Academy;
if the position (according to the rector’s order) is occupied for the period before the competition;
in the event of the expiration of the term of the fixed-term employment contract (contract) of the person holding the relevant position or in the case of a vacant position.
In such cases, a competition to fill the position of the NPP in the procedure of competitive selection is announced no later than two months after it acquires the status of vacant, and in the procedure of selection by competition no later than three months before the expiration of the employment contract (contract) with the NPP with the indication in the competition announcement “vacant with “
20 years.”
The competition is not announced for temporarily vacant positions occupied by:
by women who are on maternity leave, on leave to take care of a child before the child reaches three years of age in accordance with Article 179 of the Labor Code;
employees who improve their qualifications or undergo an internship with a break from production in accordance with Part 6 of Article 60 of the Law of Ukraine “On Higher Education”;
employees who are on creative leave;
employees who are conscripted for fixed-term military service, military service upon conscription of officers, military service upon conscription during mobilization, for a special period, or accepted for military service under a contract, including by concluding a new contract for military service, during effect of the special period for the period before its end or until the day of actual dismissal in accordance with Part 3 of Article 119 of the Labor Code of Ukraine.
Such positions are not considered vacant and are replaced without holding a competition in the manner determined by the current legislation of Ukraine.
Replacement of part-time NPP positions takes place without competitive selection under a fixed-term employment contract (contract) taking into account the requirements of the resolution of the Cabinet of Ministers of Ukraine
“On part-time work of employees of state enterprises, institutions and organizations” dated April 3, 1993 No. 245.
Persons who are hired on the basis of hourly wages are enrolled outside the competition.
Unification (merger) or division of structural subdivisions is not a basis for conducting
competition for filling vacant positions of the NPP, except for the head of the unit.
The replacement of the position of dean of the faculty of a newly created faculty or department, as well as during the unification (merger) of these structural units of the Academy, takes place through a competition. Prior to the competition, the rector appoints an acting dean of the faculty or head of the department for a period not longer than three months.
When the department is divided, its head may be appointed to the position of head of one of the newly created departments by order of the rector of the Academy. In this case, the position of the head of another department is replaced by competition. The performance of the duties of the head of the department, where this position is vacant, until the competition is held, is entrusted to one of the leading teachers of the department by order of the rector of the Academy.
One and the same person in the Academy cannot simultaneously hold two or more positions involving the performance of administrative and managerial functions.
In accordance with Part 12 of Article 55 of the Law of Ukraine “On Higher Education”, in the event that it is impossible to provide the educational process with available full-time employees, vacant positions of the NPP can be filled under an employment contract until the competitive replacement of these positions is held in the current academic year.
The general procedure of competitive selection provides for the following procedure:
Issuance of the rector’s order announcing a competition for filling vacant positions at the National Academy of Sciences, creating and approving the composition of the Academy’s attestation and personnel commission;
publication of an announcement on the holding of a competition to fill vacant positions of the NPP in print media and on the Academy’s official website;
acceptance of documents of candidates for filling vacant positions of the National Academy of Sciences by the personnel department of the Academy;
verification of the completeness of the documents submitted by the candidates by the head of the educational and methodological department (hereinafter – NMV);
review of submitted documents by the Academy’s attestation and personnel commission and admission of applicants to the competition;
preliminary discussion of applicants’ candidacies, assessment of their professional level and selection of candidates:
to replace the positions of the dean of the faculty, the director (institute/college), the head of the department, the head of the library at the general meeting of the labor team of the corresponding structural unit;
for filling the positions of professor, associate professor, assistant, senior lecturer, teacher – at the meeting of the National Committee of the relevant departments;
to replace the position of head of postgraduate studies at a meeting of the Scientific Coordination Council.
election by secret ballot by the academic council of the faculty, (institute/college) to the positions of: assistant, senior lecturer, teacher and election by secret ballot by the Academic Council of the Academy to the positions of dean, director (institute/college), head of department, professor , associate professor, head of the library, head of the graduate school.
conclusion of a fixed-term employment contract (contract) with the NPP and issuance of the rector’s order on appointment (acceptance) to the position.
3. BASIC QUALIFICATION REQUIREMENTS
TO APPLICANTS FOR VACANT POSITIONS OF SCIENTIFIC AND TEACHING EMPLOYEES
To participate in the competition for the filling of a vacant position, persons who have a full higher education, a master’s degree (in accordance with part
9 of Article 55 of the Law “On Higher Education”), scientific degrees and academic titles, graduates of postgraduate and doctoral studies and speak the state language. At the same time, higher education at the educational level of a specialist (full higher education)
is equated to higher education with a master’s degree in accordance with subsection 2 of paragraph 2 of the Final and Transitional Provisions of the Law.
Applicants for filling vacant positions of the NPP, according to their level of qualification and professional qualities, must meet the requirements established for the NPP by the Laws of Ukraine “On Education”, “On Higher Education”, Licensing conditions, job instructions, conditions of the announced competition and this Regulation, in particular:
have relevant professional education and special pedagogical training;
educational, methodical and organizational activities are carried out at the main place of work;
provide teaching at high scientific-theoretical and methodical levels of educational disciplines of the relevant educational program by specialty, conduct scientific activities;
increase their professional level, pedagogical skill, scientific qualification;
adhere to the norms of pedagogical ethics, morality, respect the dignity of persons studying in institutions of higher education;
develop independence, initiative, and creative abilities in persons studying in institutions of higher education;
comply with the Laws of Ukraine “On Education” and “On Higher Education”, other normative legal acts, in particular those that regulate the norms of their labor activity, the Statute of the Academy, the Rules of Internal Labor Procedures of the Academy, job instructions, perform the job duties prescribed by them.
The applicant’s compliance with the conditions of the announced competition is established by the Academy’s attestation and personnel commission, the quantitative and personal composition of which is approved by the Academic Council of the Academy and approved by the rector’s order. The attestation and personnel commission is headed by the vice-rector for science and education
academic and methodical work of the Academy.
The main task of the attestation and personnel commission is to check the compliance of the submitted documents with the requirements established for the NPP by the laws of Ukraine “On Education”, “On Higher Education”, Licensing Conditions, the competition and these Regulations.
When considering the compliance of documents submitted by applicants, the following are taken into account:
availability of relevant higher education (master’s degree/specialist);
availability and level of a scientific degree (Doctor of Sciences, (Doctor of Philosophy) Candidate of Sciences);
availability and level of academic title (professor, associate professor);
the total number of scientific works, in particular, in specialized publications from the relevant field, publications in publications with a citation index and publication of educational and methodological works over the past 5 years;
compliance with the qualification requirements of the License Terms (clause 30);
availability of professional development in the last 5 years.
Applicants must meet the specific requirements for the position for which the competition is announced.
For the position of dean of the faculty, director (institute/college)
a person who has:
scientific degree of doctor or candidate of sciences (doctor of philosophy) in the relevant specialty and/or the academic (honorary) title of professor (associate professor) in accordance with the profile (i.e. specialty/specialization) of the faculty (institute/college) in accordance with Part 2 of Article 35 of the Law of Ukraine “On Higher Education”;
at least 5 years of scientific and pedagogical experience;
experience in administrative and management activities or as a deputy dean/director (at least 1 year).
The concepts of “profile” of a faculty (institute/college), department should be understood as a specialty (specialization) or a branch (inter-branch) group of specialties of educational, methodical and scientific activities of the specified structural subdivisions of a higher educational institution.
NPPs that submit documents for the competition for the position of dean of a faculty, director (institute/college) must comply with the law, in accordance with Part 4 of Article 43 of the Law of Ukraine “On Higher Education”, one and the same person cannot be the head of the faculty, ( educational and scientific institute), college of a territorially separated structural subdivision of the corresponding institution of higher education for more than 10 years. This norm applies to heads of faculties (educational and scientific institutes), colleges elected to a position after the entry into force of the Law of Ukraine “On Higher Education” – 09.06.2014. Heads of faculties (educational and scientific institutes), colleges, elected to a position before the entry into force of the above-mentioned Law, continue to perform their duties in accordance with the concluded fixed-term employment contracts (contracts) and have the right to be elected to the corresponding positions for another term.
A person who has:
scientific degree of doctor or candidate of sciences (doctor of philosophy) in the relevant specialty and/or academic (honorary) title of professor (associate professor)
in accordance with the profile of the department in accordance with Part 6 of Article 35 of the Law of Ukraine
“About higher education”;
at least 5 years of scientific and pedagogical experience;
monographs or scientific works in specialized scientific publications of Ukraine and/or in foreign publications, at least one of which is included in the scientometric databases Scopus or Web of Science;
educational and methodical works (textbooks or training aids) by specialty (at least one).
A person who has a scientific degree or an academic title that complies with the Decree of the Cabinet of Ministers of Ukraine of December 30, 2015 No. 1187 “On the approval of the licensing conditions for conducting educational activities of educational institutions” can apply for the position of head of the department that graduates specialists of the master’s level of higher education. .
NPPs that submit documents for the competition for the position of department heads should comply with the law, in accordance with Part 6 of Article 35 of the Law of Ukraine “On Higher Education”, the same person cannot hold the position of department head for more than two terms. This norm applies to heads of departments elected to the position after the entry into force of the Law of Ukraine “On Higher Education” on September 6, 2014. Heads of departments, elected to the position before the entry into force of the aforementioned law, continue to exercise their powers in accordance with the concluded fixed-term employment contracts (contracts) and have the right to be elected to the corresponding positions for one more term.
A person who has:
scientific degree of doctor of sciences and/or candidate of sciences (doctor of philosophy) in the relevant specialty;
academic (honorary) title of professor or (associate professor) according to the profile of the department;
at least 5 years of scientific and pedagogical experience;
monographs or scientific works in specialized scientific publications of Ukraine and/or in foreign publications, at least one of which is included in the scientometric databases Scopus or Web of Science;
educational and methodical works by specialty (at least two).
A person who has:
the scientific degree of candidate of sciences (doctor of philosophy) in the relevant specialty and/or the academic title of associate professor according to the profile of the department;
scientific and pedagogical experience
at least 3 years of activity;
scientific and educational and methodical works by specialty (at least one).
A person who has:
a complete higher education or a candidate of science degree (doctor of philosophy) in the relevant specialty;
at least 3 years of scientific and pedagogical experience;
scientific and educational and methodical works by specialty (at least one).
A person who has:
a complete higher education or a candidate of science degree (doctor of philosophy) in the relevant specialty;
experience of scientific and pedagogical activity or practical work according to the profile of the department for at least 2 years;
scientific and educational and methodical works by specialty (at least one).
A person who has:
complete higher education, (postgraduate graduate) according to the profile of the department,
No work experience requirements;
scientific works by specialty (at least one).
A person who has a full higher education in the relevant field can apply for the position of library director; experience of scientific activity in the specialty of at least 3 years. Other requirements for applicants for the position of head of the library are determined by his job description.
A person who has:
complete higher education;
experience of scientific (scientific-pedagogical activity) for at least 5 years. Other requirements for applicants for the position of head of postgraduate studies are determined by his job description.
4. PROCEDURE FOR ANNOUNCEMENT OF COMPETITIVE SELECTION, ACCEPTANCE OF DOCUMENTS AND PRELIMINARY REVIEW OF DOCUMENTS BY THE CERTIFICATION AND PERSONNEL COMMISSION
The rector of the Academy announces the competition for filling the positions of the NPP in the procedure of competitive selection or election by competition, and the corresponding order is issued. The draft of the relevant order is being prepared by the personnel department of the Academy. In the event of changes to the conditions of the competition or its cancellation, an additional order is issued for the Academy.
The announcement of the competition, its terms and conditions, the announcement of cancellation of the competition or change of its conditions are published in printed mass media and on the official website of the Academy.
The announcement of the competition to fill the vacant position indicates:
full name of the Academy;
the names of the positions for which the competition is announced;
requirements for applicants;
deadline for submission of applications and documents;
a concise list of documents;
address and contact phone numbers of the personnel department of the Academy.
The deadline for candidates to submit applications and documents for participation in the competitive selection to fill vacant positions is, as a rule, one month from the date of publication of the competition announcement in the printed mass media and on the Academy’s official website. The exact deadline for submitting documents is specified in the rector’s order.
Applicants for the positions of the NPP should familiarize themselves with this Regulation on the official website of the Academy, in the personnel department, at the departments, and with the job description – in the personnel department and at the departments of the Academy.
Applicants who wish to take part in the competition to fill vacant positions of the NPP within the period provided for in clause 4.4. of this section, submit the following documents to the personnel department of the Academy:
application for admission to the competition in the name of the rector of the Academy, written in his own hand (Appendix 1);
a completed applicant questionnaire (Appendix 2);
autobiography (for applicants who do not work at the Academy);
two 3cm×4cm photo cards (for applicants who do not work at the Academy);
a copy of the passport of a citizen of Ukraine (the first and second pages and information about the registration of the month of residence) (for applicants who do not work at the Academy);
personnel record sheet, certified by the place of work (for applicants who do not work at the Academy);
copies of documents on complete higher education, scientific degrees, academics
title, a copy of the work book certified in accordance with the requirements of the current legislation of Ukraine (by the personnel department of the institution where the applicant works, or notarized) (for applicants who do not work at the Academy);
a list of scientific works, inventions and educational and methodological works for the last 5 years, signed by the applicant and (depending on his position) the head of the department or the dean of the faculty, the director (of the institute/college) and the academic secretary of the Academy (Appendix 3);
a report on educational, scientific, methodical, educational work performed during the period of validity of the previous fixed-term employment contract (contract) (only for applicants working at the Academy);
a table with the types and results of the professional activity of the NPP (items of compliance with the qualification requirements of the Licensing Terms (item 30) (Appendix 4);
documents that confirm professional development during the last 5 years (copies of diplomas, certificates, certificates, other documents stipulated by the current legislation of Ukraine);
program (project) development of the faculty (institute/college), department, library for the next 5 years (for applicants for the position of dean of the faculty, director (institute/college), head of the department, head of the library.
In the event that the applicant
a candidate for a vacant position at the National Academy of Sciences is a full-time employee of the Academy or has worked in a part-time position, he can submit documents to the competition according to a shortened list (if the above-mentioned documents have already been submitted to the personnel department of the Academy).
An applicant for a vacant position personally prepares his case according to the above list of documents and submits it in full in a paper binder to the Academy’s personnel department. The applicant for a vacant position is responsible for the completeness and authenticity of the documents submitted by him.
Documents submitted in person and/or sent by mail are registered in the personnel department of the Academy on the day of their receipt. If the applicant does not have a complete set of documents, they will not be accepted for consideration and will be returned to him under his personal signature or by mail to the specified address (by registered mail with delivery notice).
Documents received in violation of the clause
of this section of the deadline for their submission, are not considered and are returned
to the applicant under a personal signature or by mail to the specified address (by registered mail with delivery notice).
If the expiration date of the announcement falls on a non-working day, the last day for submitting documents is considered the first working day after it.
Documents of applicants for filling vacant positions, received and checked for their completeness by the head of the NMV in accordance with the terms of the competition, are submitted for consideration to the Academy’s attestation and personnel commission.
The attestation and personnel commission, within 5 working days after the end of the deadline for submitting documents for participation in the competition, examines the candidates’ documents for compliance with the conditions of the announced competition.
The main task of the attestation and personnel commission is to check the compliance of the documents submitted by the applicants with the requirements established for the NPP by the laws of Ukraine “On Education”, “On Higher Education”, Licensing Conditions and the conditions of this Regulation.
The decision of the attestation and personnel commission is made by open voting by a simple majority of votes. The decision of the commission is valid if at least 2/3 of its members participated in the meeting. If the votes are divided equally, the decision for which the chairman of the commission voted is adopted. Based on the results of the voting, minutes of the meeting are drawn up and applicants are provided with motivated decisions (excerpts) regarding their admission (not admission) to participate in the competition for filling vacant positions.
If the person who submitted an application for participation in the competition does not meet the requirements established for the NPP by the Law of Ukraine “On Education”, “On Higher Education”, the Licensing Terms, these Regulations and the conditions of the announced competition, he is not allowed to participate in the competition, that receives a reasoned refusal to the attestation and personnel commission in writing or by mail to the specified address (by registered letter with delivery notice). Such notification is sent no later than within 3 working days from the moment of establishing the non-compliance of such a person with the conditions of the announced competition.
Unreasonable refusal of admission to participate in competitive selection is not allowed.
Within 5 working days after the end of the deadline for submission of documents for participation in the competitive selection, the personnel department of the Academy, based on the protocol of the certification and personnel commission, prepares a draft order on admission to participate in the competitive selection.
On the basis of the protocol of the attestation and personnel commission, the order of the rector is issued to admit applicants to participate in the competitive selection and the meetings of the labor collectives of the relevant structural units, academic councils of the faculty (institute/college), the Academy within the established terms.
5. PROFESSIONAL LEVEL ASSESSMENT AND COMPETITIVE SELECTION OF CANDIDATES
Documents of applicants for vacant positions of the NPP, admitted by the attestation and personnel commission to participate in the competition, are handed over to the heads of structural units (according to their staff list), at the meeting of which the candidates participating in the competitive selection are discussed. The head informs the applicants in advance about the place and date of the meeting of the department, the meeting of the labor team, the faculty (institute/college), the library, and the scientific coordination council.
Candidates for the positions of dean of the faculty, director (institute/college), head of the department, head of the library, head of the graduate school are preliminarily discussed by the labor team of the corresponding structural unit in their presence (in the absence of the applicant, the candidacy is discussed with his written consent). Meetings of the labor team are held by the head of the higher education institution or, on his behalf, by the vice-rector, dean of the faculty, director (institute/college).
Candidates’ candidacies for the positions of professor, associate professor, senior lecturer, teacher, assistant are discussed in advance at the department meeting in their presence (in the absence of the applicant, the candidacy is discussed with his written consent).
To determine the applicant’s compliance with the requirements for the position of the NPP, the meeting takes into account:
availability
higher education in a field of knowledge that corresponds to the profile of the department;
availability and level of a scientific degree (Doctor of Science, (Doctor of Philosophy) Candidate of Science);
availability and level of academic title (professor, associate professor);
the total number of scientific works, in particular publications in specialized publications from the relevant field of science and in publications with a citation index, published educational and methodical works over the past 5 years, as well as received documents on intellectual property rights;
professional development during the last 5 years.
An applicant for the position of NPP, who worked at the Academy before the competition, reports on his work for the previous period of tenure.
To assess the level of professional qualifications of applicants (who were not previously employees of the Academy) for the position of head of the department, professor, associate professor, assistant, senior lecturer, teacher, the department may offer the applicant an open lecture or an open practical session.
The conclusions of the labor team of the faculty (institute/college), department about the professional and personal qualities of applicants and recommendations for the election to the post of dean of the faculty, director (institute/college), head of the department, professor, associate professor, assistant, senior lecturer, teacher are approved by secret ballot and are drawn up in the form of minutes of meetings of the work team of the faculty (institute/college), department. Extracts from the minutes of the meeting of the relevant structural subdivision are attached to the applicant’s file (Appendix 5).
Meetings of the library staff, at which candidates for the post of library director are discussed, are held by the head of the higher education institution or, on his behalf, by the vice-rector. Conclusions and recommendations are adopted by secret ballot.
Candidates’ candidacies for filling the vacant position of head of postgraduate studies are discussed in advance at a meeting of the scientific coordination council of the Academy. Conclusions and recommendations are adopted by secret ballot.
Applicants for the positions of the NPP have the right to be familiarized with the minutes of the meetings based on the results of the preliminary discussion before the meeting of the academic councils of the faculty (institute/college), Academy.
A negative conclusion based on the results of the preliminary discussion and/or in the recommendations is not a reason for the applicant’s refusal to consider his candidacy by the relevant academic councils.
An applicant for a vacant position who has submitted all the necessary documents for the competition, but for any reason stops participating in it, submits an application to the head of the attestation and personnel commission to refuse to participate in the competition (or to withdraw the application for participation in competition for a vacant position).
All documents of applicants for filling a vacant position after processing at departments, meetings of labor teams are submitted for consideration and discussion to the academic council of the faculty (institute/college).
Candidates’ candidacies for filling vacant positions are discussed at the meeting of the academic council of the faculty (institute/college) in their presence (in the absence of the applicant, the candidacy is discussed with his written consent).
The meeting of the academic council of the faculty (institute/college), at which candidacies of candidates for the post of dean of the faculty, director (institute/college) are discussed, is conducted by the head of the higher education institution or, on his behalf, by the vice-rector.
At the meeting of the relevant academic council, each candidate participating in the competition is considered, with the announcement of information about the applicants, recommendations and motivated conclusions based on the results of the preliminary discussion. If the applicant has already worked as a dean, director (institute/college), head of the department, the academic council of the faculty (institute/college) provides a conclusion on the assessment of his performance as a manager during the previous period of work.
Based on the results of consideration of applications and documents for each candidate participating in the competition, the academic council of the faculty (institute/college) makes a decision by secret ballot.
Based on the conclusions of the meetings of the labor team of the relevant structural subdivision, the academic council of the faculty (institute/college) provides the appropriate recommendation to the Academic Council of the Academy regarding the election of the dean of the faculty, director (institute/college), head of the department, professor and associate professor.
Documents of applicants for filling the vacant position of assistant, senior lecturer, lecturer, who have received the required number of votes, after the decision of the academic council of the faculty (institute/college) are submitted to the personnel department of the Academy for concluding an employment contract (contract) with them.
Documents of applicants for the vacant position of dean of the faculty, director (institute/college), head of the department, professor, associate professor after the conclusions of the academic council of the faculty (institute/college), as well as documents of applicants for the vacant position of the head of the library after the decision taken at the labor meeting the staff of the library and the head of the graduate school, after the decision of the scientific coordination council of the Academy, are transferred to and consideration and voting to the Academic Council of the Academy.
Election to the position of assistant, senior lecturer, teacher is carried out on the basis of competitive selection by secret ballot at the meeting of the academic council of the relevant faculty (institute/college).
Election to the post of dean of the faculty, director (institute/college), head of the department, head of the library, head of the graduate school (upon agreement with the conference of the labor team of the corresponding structural unit), professor, associate professor is carried out on the basis of competitive selection by secret ballot at the meeting of the Academic Council of the Academy .
The academic secretary of the Academic Council of the Academy checks the correctness of the materials submitted for consideration, ensures the availability of ballots for secret voting and protocols of the counting committee and organizes the procedure of secret voting.
At the meeting of the Academic Council of the Academy, before voting on each applicant’s candidacy for the corresponding position, the learned secretary of the Academic Council of the Academy announces the decision of the competition commission, the conclusion of the department, faculty (institute/college), meetings of the library staff, scientific coordination council and basic information about the applicant. After that, the candidates are discussed.
Applicants for filling positions have the right to be present at the meeting of the Academic Council of the Academy (in the absence of the applicant, the candidacy is discussed with his written consent). Non-appearance of an applicant at a meeting of the Academic Council of the Academy without valid reasons is not a reason to withdraw from consideration the issue of competitive filling of a vacant position.
6. VOTING RULES
The names of all applicants for the corresponding position of the NPP are included in one ballot for secret voting (Appendix 6).
Each member of the work team of the department, faculty (institute/college), and the corresponding academic council has the right to vote for only one applicant’s candidacy. In the case of other voting options, the ballots are considered invalid.
To count the votes at the meeting before the secret ballot, a counting commission is elected from members of the labor team, department, faculty (institute/college), the corresponding academic council in the number of at least three people, the composition of the counting commission is approved by open voting.
The secretary of the meeting familiarizes the members of the counting commission with the procedure for counting votes and filling out the protocols of the counting commission.
Members of the counting commission check the availability of ballots separately for each candidate for filling the vacant position of the NPP, seal the ballot box and conduct a secret voting procedure.
After the end of the secret voting procedure, members of the counting commission in a separate room open the ballot box, determine the voting results, fill out the protocols of the counting commissions (2 copies for each applicant) and sign them. On the ballots that were not distributed, the members of the counting commission make the corresponding inscription unused. Members of the counting committee put all ballots in one envelope (for each candidate separately), seal them and put their signatures on them.
Minutes of the counting committee are approved at the meeting by open voting (Appendix 7).
The decision of the academic council of the faculty (institute/college), Academy during the competition is considered valid if at least 2/3 of the members of the academic council took part in the voting. An applicant who received more than 50% of the votes of the members of the academic council of the faculty (institute/college), the Academy, who participated in the voting, is considered elected.
If, during a contest in which two or more applicants took part, the votes were divided equally, a second vote is held at the same meeting of the academic council of the faculty (institute/college), Academy. If this result is repeated, the competition is considered not to have taken place, and it is announced again.
In the event that three or more people took part in the competition, and the first vote did not reveal a person who won more than 50% of the votes of the members of the academic council of the faculty (institute/college), the Academy present at the meeting, only those candidates are included in the ballot for re-voting two persons who received the majority of votes during the first voting.
A competitive election is also held in the case of one applicant to fill a vacant position of the NPP.
The decision of the Academic Council of the Academy regarding election to the post is final and cannot be appealed.
In case of procedural violations or for other reasons, the rector of the Academy cancels the decision of the academic council of the faculty (institute/college), the Academy and proposes to hold its second meeting.
Minutes of the counting commissions (1 copy) and ballots for secret voting are kept by the secretary of the corresponding structural divisions of the Academy during the period determined by the current legislation of Ukraine.
After the completion of the selection procedure, extracts from the minutes of the meeting of the relevant scientific councils regarding the conduct of elections by competition and the minutes of the counting commissions are attached to the tender files of the applicants and transferred to the next day after the meeting, I go to the personnel department of the Academy, which a year later transfers all case materials to the Academy’s archive.
According to the results of the decision of the Academic Council of the Academy regarding the election to the position, the learned secretary prepares excerpts from the protocol for each candidate and submits them to the personnel department of the Academy for concluding an employment contract (contract) with the selected person.
7. CONCLUSION OF AN EMPLOYMENT CONTRACT (CONTRACT)
NPPs are hired by concluding a fixed-term employment contract (contract).
The basis for concluding a fixed-term employment contract (contract) with the selected person and issuing the rector’s order to hire him (transfer to another position, continuation of employment relations) is the decision of the academic council of the faculty (institute/college), the Academy (depending on the position) and an application of the chosen person.
In accordance with current legislation, an employment contract (contract) for a period of 1 to 5 years is concluded with the NPP after the competition. The term of the employment contract (contract) is established by agreement of the parties, but no more than 5 years. Each of the parties has the right to make proposals regarding the term of the employment contract (contract), except for the position of heads of departments, for which election is provided for a period of 5 years in accordance with Part 6 of Article 35 of the Law. The rector of the Academy makes the final decision regarding the term of the employment contract.
The term of the employment contract (contract) of the dean of the faculty is no more than 5 years.
According to the current legislation, one and the same person cannot be the director of the institute/college, dean of the faculty, head of the department for more than two terms.
In the Academy, a person cannot simultaneously hold two or more positions involving the performance of administrative and managerial functions.
The term of the contract for the positions of associate professors, professors for persons who do not have the corresponding academic titles is no more than two years at the time of the first election (taking into account the previous term of employment of the NPP positions under the terms of the employment contract).
In accordance with the legislation of Ukraine, the contract is concluded in writing in two copies and is signed by the rector and the NPP, who is elected to the relevant position.
When concluding labor contracts (contracts) with the NPP, including for new terms, the following obligations may be defined, in particular:
publication of scientific articles in publications indexed by scientometric databases (Scopus, Web of Science, etc.);
preparation of candidate (doctoral) dissertation;
publication of textbooks, study guides, monographs and their transfer to the Academy’s repository;
participation in scientific and scientific-practical conferences, seminars, symposia;
management of the scientific work of students of higher education with appropriate publication of research materials;
development of electronic educational materials and complexes of educational and methodological disciplines, including in a foreign language (English, etc.), their registration in the electronic library of the Academy;
timely completion of advanced training once every 5 years with the receipt of the appropriate certificate;
development of distance learning courses in the Moodle environment;
performance of relevant educational, methodical, scientific, organizational work;
other types of load.
The following responsibilities are additionally added to the contract of department heads:
organization at the department of student scientific work with the formalized creation of relevant scientific circles, etc.;
carrying out systematic educational and scientific work on the conclusion of business contracts;
ensuring training of doctors of science and doctors of philosophy;
participation in career guidance work in accordance with the approved measures of the Academy;
other types of work.
8 . TERMINATION OF EMPLOYMENT RELATIONS
Termination of the employment relationship with the NPP may take place based on the existence of grounds and in the manner prescribed by the labor legislation.
If, as a result of the competition, the applicant will occupy two or more positions that involve the performance of administrative and management functions, then the order on his dismissal from previously held positions must be signed before the decision of the Academic Council of the Academy is put into effect.
In the event that a scientific-pedagogical employee is not selected through a competition, the employment relationship with him will be terminated due to the expiration of the employment contract (contract). Persons who did not express a desire to participate in the competition for a new term are dismissed in connection with the expiration of the term of the employment contract (contract).
Discovery of the fact of submission of forged or distorted official documents after the appointment of a person to a position is grounds for termination of the employment contract (contract) and dismissal.
A fixed-term employment contract (contract) can be terminated even before the end of the term on the grounds provided for by law. Dismissal in such cases is carried out by order of the rector of the Academy in accordance with the current legislation of Ukraine.
Labor disputes between the parties are considered in accordance with the procedure established by current legislation.
9. FINAL PROVISIONS
Regulations on the procedure for competitive selection when replacing vacant positions the appointment of scientific and pedagogical workers of the Academy and the conclusion of labor contracts (contracts) with them are considered and approved by the Academic Council of the Academy.
This Regulation enters into force after its approval by the Academic Council of the Academy and is implemented by order of the rector of the Academy.
The text of this Regulation will be published after it enters into force on the official website of the Academy.
Changes and additions to the Regulation are made by the Academic Council of the Academy by approving it in a new edition.
