Regulations on the Supervisory Board of the ICMP of the NAS of Ukraine

APPROVED                    
by the resolution               
of the Presidium of the NAS of Ukraine
dated 03.03.2021 No 88         

REGULATIONS
on the Supervisory Board of the Institute for Condensed Matter Physics of the National Academy of Sciences of Ukraine

General part

1. The Supervisory Board of the Institute for Condensed Matter Physics of the National Academy of Sciences of Ukraine (hereinafter referred to as the Supervisory Board) is formed by the decision of the Presidium of the NAS of Ukraine.

2. The Supervisory Board is guided by the Constitution and laws of Ukraine, decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted per the Constitution and laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, the charter of the Institute for Condensed Matter Physics of the National Academy of Sciences (hereinafter referred to as the Institute) and its Regulation. 

3. The main principles of the Supervisory Board are:

• collegiality and maximum openness in decision-making;
• transparency of activity;
• impartiality and equality of members of the Supervisory Board
• separation of rights, powers, and responsibilities between the Supervisory Board and the head of the Institute;
• independence from political parties, religious organizations, public associations.

Purpose, main tasks, functions, and rights of the Supervisory Board

4. The main purpose of the Supervisory Board is to conduct an independent evaluation of the results of scientific, scientific-pedagogical, and scientific-organizational activities (hereinafter referred to as the activities) of the Institute.

5. The main tasks of the Supervisory Board covers: 

1) promoting the activities of the Institute on: 

• solving tasks of the Institute development;
• integration into the world scientific space, finding ways to expand and improve international scientific cooperation;
• creating a positive image, in particular in the field of physics and research in general;

2) submission to the director of the Institute of recommendations and proposals concerning: 

• directions of improvement of the Institute, its financial and logistical support, international scientific cooperation;
• priority areas of development of the Institute in the field of research and innovation;
• attracting financial and other investment resources to ensure the implementation of the main activities and development of the Institute.

6. The Supervisory Board per the tasks assigned to it: 

• prepares and submits to the director of the Institute proposals for determining the priority areas of development of the Institute;
• participates in the development of draft programs aimed at developing the material and technical base of the Institute and its scientific infrastructure;
• submits proposals for optimizing the organizational structure of the Institute in the areas of its activities;
• monitors and evaluates the state of the Institute, promotes the introduction of innovative technologies, in particular, the organization of the scientific process;
• promotes the attraction of investments and inflow of additional funds, tangibles, and intangible assets for the operation of the Institute;
• considers draft documents developed by working groups, makes decisions on them;
• prepares a substantiated submission on the recall of the director of the Institute according to the legislation;
• makes proposals on the criteria for evaluating the results of the Institute's activities, taking into account international requirements;
• participates in the formation of research topics at the Institute, submits proposals for their structure and compliance with the priority areas of science and technology and innovation in Ukraine;
• considers within the competence of the annual report on the activities of the Institute.

7. The Supervisory Board has the right: 

• to express and inform at the meetings of the Institute’s staff of researchers about the candidates for the position of the head of the Institute;
• to coordinate the development strategies of the Institute, which are developed by the Scientific Council and the management of the Institute;
• to provide advisory proposals, obligatory for consideration by the Scientific Council and the administration of the Institute;
• to receive in the established order from the Director of the Institute and the heads of its structural subdivisions the information and materials necessary to perform the tasks assigned to the Institute;
• to form permanent or temporary working groups and expert groups to study issues within its competence, to involve representatives of scientific institutions and organizations, higher education institutions (with the consent of their heads), and experts;
• to involve leading scientists, representatives of state authorities and local self-government bodies, higher education institutions, the National Academy of Sciences of Ukraine, national academies of Ukraine as experts (with their consent) to conduct an independent evaluation of the results of the Institute's activities;
• to inform the Presidium of the NAS of Ukraine about the state of activity and efficiency of management in the Institute, to submit to its proposals on taking measures for elimination of the revealed violations;
• to cover its activities in the media, publish the results of its work at meetings, conferences, special stands, official websites.

Composition and procedure for the formation of the Supervisory Board

8. The Supervisory Board consists of 7 to 15 members from scientists, representatives of public authorities and local governments, employers, businesses, enterprises, institutions and organizations both domestic and foreign.

Employees of the Institute may not be members of the Supervisory Board.

9. The Supervisory Board consists of the Chairman, Deputy Chairman, Secretary and members of the Supervisory Board, who perform their duties on a voluntary basis and free of charge.

At its first meeting, the Supervisory Board elects the Chairman, Deputy Chairman and Secretary of the Supervisory Board by a simple majority of votes.

10. The composition of the Supervisory Board is approved by the Presidium of the NAS of Ukraine on the proposal of the director of the Institute, approved by the Bureau of the Department of Physics and Astronomy of the NAS of Ukraine.

11. The term of office of the members of the Supervisory Board may not exceed five years. The same person may not be a member of the Supervisory Board for more than two consecutive terms.

12. Members of the Supervisory Board have the right to:

• participate in meetings of the Scientific Council of the Institute (with the right of advisory vote);
• initiate consideration of issues at regular and extraordinary meetings of the Supervisory Board by including them in the agenda;
• submit proposals to draft decisions of the Supervisory Board;
• provide recommendations to the management of the Supervisory Board on all issues within its competence.

13. A member of the Supervisory Board may resign ahead of time by applying with the issue to the Chairman.

14. A member of the Supervisory Board is personally responsible for the accuracy, completeness and objectivity of the information provided by him to the Supervisory Board for consideration.

Organization of work of the Supervisory Board

15. The Supervisory Board is headed by its Chairman, who is personally responsible for the implementation of the tasks assigned to it.

16. The Supervisory Board conducts work on long-term and annual work plans. Work plans are formed on the basis of proposals of the members, considered at the Supervisory Board meeting and approved by the Chairman of the Supervisory Board.

17. The meeting of the Supervisory Board is chaired by the Chairman, in his/her absence ― by the Deputy Chairman.

18. Chairman of the Supervisory Board:

• organizes the work of the Supervisory Board;
• determines the functional responsibilities of the Deputy Chairman, Secretary and members of the Supervisory Board;
• plans and coordinates the work of the Supervisory Board;
• convenes and conducts its regular and extraordinary (including those called on the proposals of members of the Supervisory Board) meetings, submits to the Supervisory Board proposals on the agenda of the regular meeting, signs the decisions of the Supervisory Board;
• signs inquiries, letters and other documents of the Supervisory Board;
• represents the Supervisory Board at enterprises, institutions and organizations;
• performs other functions necessary for the organization of the Supervisory Board within its powers.

19. Secretary of the Supervisory Board:

• prepares a draft work plan of the Supervisory Board taking into account the proposals of its members and after consideration by the Supervisory Board submits it for approval to the Chairman of the Supervisory Board;
• organizes the preparation, holding and recording of meetings of the Supervisory Board;
• ensures the submission of relevant information materials to the members of the Supervisory Board no later than five working days before the scheduled meeting;
• keeps and stores the minutes of meetings of the Supervisory Board and other documentation;
• keeps records of the presence of members of the Supervisory Board at its meetings;
• exercises other powers and carries out the instructions of the Chairman of the Supervisory Board related to the organization of its activities.

20. The organizational form of the Supervisory Board is meetings, which are convened at least once a year.

21. The Supervisory Board makes decisions within its authority.

22. A meeting of the Supervisory Board is valid if at least two thirds of its members are present.

The decision of the Supervisory Board is considered adopted if at least half of its members have voted for it.

In case of equal distribution of votes, the vote of the Chairman at the meeting is decisive.

The issues considered by the Supervisory Board and the decisions made are recorded in the minutes of the meetings, which are signed by the Chairman and the Secretary of the Supervisory Board.

23. A member of the Supervisory Board may propose changes and additions to the draft agenda of the meeting of the Supervisory Board no later than three working days before the date of its holding.

24. Extraordinary meetings of the Supervisory Board are convened by the Chairman, as well as at the written request of the Presidium of the NAS of Ukraine or one third of the members of the Supervisory Board. The request to convene an extraordinary meeting of the Supervisory Board has to contain a justification of the issue, which requires discussion and decision-making by the Supervisory Board.

25. A member of the Supervisory Board participates in the meeting in person and may not pass his / her vote to another person. Each member of the Supervisory Board has one vote during the voting.

26. Members of the Supervisory Board who do not agree with the decision of the Supervisory Board may express a personal opinion, which shall be included in the minutes and attached to the decision.

27. The minutes of the meetings of the Supervisory Board are sent to the members of the Supervisory Board.

28. Decisions of the Supervisory Board are brought to the notice of the Director of the Institute and the Presidium of the NAS of Ukraine for consideration and adoption of appropriate measures and are published on the official website of the Institute.

29. Organizational and logistical support of the Supervisory Board is provided by the Institute.