Sunday, April 12, 2015

Law of Ukraine "On Ukraine Agricultural Census"

This Law defines legal, organizational and economic basis of preparation and conducting agricultural census, processing, summarizing, dissemination and use of its results. The Law regulates relations of the subjects of agricultural census, outlines their rights, obligations and responsibilities, establishes guarantees of the stat in terms of protection of confidential information obtained while conducting agricultural census.

                                                 Part I. GENERAL POVISONS
                 Article 1. Defining the terms

The terms given below in this Law have the following meaning:

producers of agricultural produce are legal persons of all organizational and legal forms of business and their separated bunches, natural persons (entrepreneurs, households) engaged in agricultural activity envisaged by the classification of types of economic activity, who possess, use or have at disposal agricultural lands or agricultural livestock and poultry;

household is the number of people who share lodging or its part and are able to provide themselves for, manage their household jointly, accumulate and spend all money or some money jointly. These people can be family members or have kinship relations by law, alternatively they can have neither of these relations or have both. Household can consist of one person;

tools of agricultural census are census documentation, instructive (methodical) and other materials which are used during preparation of agricultural census, processing, summarizing, dissemination and use of its results;

calendar plan for preparation and conducting agricultural census as well as processing and dissemination of its results is a list of basic organizational arrangements at each stage of work during agricultural census with determined timing and appointed coordinators;

user is legal or natural person who uses the agricultural census data;

primary data are information about the qualitative and quantitative characteristics of phenomena and processes provided to respondents during statistical observations;

census documentation is forms of the state statistical surveys, census forms, enquiry forms, registry cards to record the replays to the questions according to the agricultural census program and instructions (hints) on how to fill them in;

program to develop the agricultural census materials is a system for groupings and combinations of characteristics that enable the transformation of agricultural census primary data into the set of consolidated depersonalized and generalized values;

agricultural census program is a list of questions concerning various characteristics of agricultural state and structure, phenomena and processes in this area;

respondents are produces of agricultural produce who are subject to agricultural census

agricultural census is periodic state statistical observation that includes collection of data which characterize state and structure of agriculture on a certain determined date, processes and phenomena in this area as well as processing, summarizing, dissemination and us of its results;

temporary personnel are specially trained persons who are involved in preparation, conduct, process and generalization of agricultural census results according to dates set by the Cabinet of Ministers of Ukraine and have the relevant authorization document. 

Article 2. Legal basis of agricultural census

Legal basis of agricultural census is provided by the Constitution of Ukraine, the Law of Ukraine On the State Statistics, this Law, other normative and legal acts that regulate the relations in the area of statistics, information and informatization.

Article 3. Objective for conducting agricultural census

The objective of conducting agricultural census is as follows:

obtaining integral, objective and reliable data concerning various characteristics of agriculture;
obtaining congregated data for the analysis of dynamics of major indicators of agricultural activity of respondents as well as ensuring the conduct of the state statistical observations and the relevant calculations during the period between agricultural censuses  

defining structural changes in agriculture aimed at information back up of managing and forecasting social and economic development and working out the state policy in this area;

obtaining data on small territorial units and detailed combination groupings of structural features of entities of agricultural activity aimed at working out measures at the local and regional levels focused on social and economic development of the relevant areas.

Article 4. Subjects of agricultural census

The subjects of agricultural census are as follows:

respondents;
temporary personnel;
central and local bodies of executive power, local authorities as well as other legal entities (their subsidiaries, representative offices, affiliates, etc) which according to Article 10 of this Law are involved in preparation and conduct, processing, summarizing, dissemination and use of agricultural census results according to their competence;
users.

Article 5. Types of agricultural census

Agricultural census can be general and thematic.

General agricultural census is a complete and incomplete statistical observation over the complex characteristics of the state and structure of agriculture.

Thematic agricultural census is a periodic complete and incomplete statistical observation over selected directions of activity, phenomena and processes in agriculture.

Article 6. Grounds and periodicity of conducting agricultural census

The grounds for the conduct of agricultural census is the Resolution of the Cabinet of Ministers of Ukraine.

General agricultural census is conducted once in ten years with its timing being confirmed to agricultural censuses conducted world-wide. 

During a period between general agricultural censuses, thematic agricultural censuses are carried out with the purpose of studying particular processes and phenomena in agriculture.

Census of livestock is conducted once in five years and other thematic agricultural censuses are held, if necessary, in dates set by the Cabinet of Ministers of Ukraine on the instructions of specially authorized central body of executive power in the area of statistics.

Part II. METHODS AND PROGRAM OF AGRICULTURAL CENSUS, MAJO ORGANIZATIONAL AND METHODOLOGICAL PRINCIPLES OF ITS CONDUCTING

Article 7. Methods of conducting agricultural census 

The following methods can be applied when conducting agricultural census:

1)  filling in by respondents (legal persons) of relevant census documentation on the basis of primary accounting documents;  
2)  filling in by temporary personnel of the census documentation regarding respondents (natural persons) by means of:

obtaining answers from respondents to questions according to census program without their documentary confirmation;

visiting rounds (on-the-spot visitation), according to verbal agreement  of respondents,  of land plots, economic buildings and structures to re-estimate (for measurement) the surveyed objects (sown areas, livestock heads, etc).

Replies from respondents can be obtained by mail, e-mail, etc.

The specific methods applied for the conduct of agricultural census and ways of obtaining information are set by Part I of this Article, and are specified by the specially authorized central body of executive power in the area of statistics. 

Article 8. Agricultural census program

The program of general agricultural census includes questions that permit to identify respondents regarding their general characteristics; land resources and their use; agricultural crops; livestock and poultry; land improvement and agro-chemical measures; agricultural machinery and equipment; agricultural buildings and structures involved in agricultural production; other productive agricultural resources.

The program of thematic agricultural census is worked out on the basis of a list of questions on a chosen subject-matter and the objective of its conduct.

The list of questions included in the program of agricultural census is determined by specially authorized central body of executive power in the area of statistics.

Questions regarding the answers which are not connected the statistical purposes cannot be included in the program of agricultural census. 

The draft program of general agricultural census, methods of its conduct and tools, major organizational arrangements are finalized as the need arises during the conduct of pilot census on the territory of one or more administrative and territorial units within the period of time specified by the Cabinet of Minister of Ukraine.

Article 9. Major organizational and methodological principles of conducting agricultural census

The major organizational and methodological principles of conducting agricultural census are as follows:

regularity and periodicity with the purpose of consistency and comparability of the obtained results;

all-inclusiveness and simultaneity that are envisaged by the coverage of questioning the respondents who are liable to this Law and obtaining data from them effective on a single determined period of time;

unity of program and  method of its conducing and processing of its results;

confidentiality of primary data which presupposes ensuring their protection by procedure prescribed by law;   

centralized management and coordination of all measures connected with preparation, conduct, processing, summarizing, dissemination and us of its results.

Part III. ORGANIZATIONAL, FINANCIAL AND LOGISTICS PROVISION OF PREPARATION AND CONDUCT AGRICULTURAL CENSUS

Article 10. Powers of bodies which are involved in preparation and conduct of agricultural census

1. Specially authorized central body of executive power in the area of statistics:

ensure the organization of conducting agricultural census;

develops and approves the program for agricultural census and its tools, methodology including international requirements and standards, summarized proposals provided by the central and local bodies of executive power, local authorities, scientific establishments and other legal persons within the framework of their competence;  

develops and approves calendar plan for the preparation and conduct of agricultural census, methods for processing and program for developing census materials.

2.Central authority of executive power ensure within their competence:

contributing to hiring temporary personnel involving, in particular, the unemployed registered in the state employment agency;

ensuring work safety for temporary personnel and keeping census documents;

ensuring special thematic informing with the purpose of drawing public attention to agricultural census.

3.Local bodies of executive power and local authorities ensure within their competence:

compilation of lists of  respondents, their reliability and completeness of primary accounting and administrative data necessary to carry out agricultural census;

assisting in involvement of temporary personnel, organization of its training, ensuring, if the need arises, premises, inventory, communication means, transport vehicles, etc.

4.To prepare and conduct general agricultural census with the purpose of coordinating actions of the central and local bodies of executive power, the local authorities according to their power, the Cabinet of Ministers of Ukraine sets up Inter-departmental Commission on the Conduct of General Agricultural Census chaired by the First Vice-Prime-Minister of Ukraine or Vice-Prime-Minister of Ukraine according to distribution of functional responsibilities.

The relevant commissions are set up at the level of Council of Ministers of the Autonomous Republic of Crimea, regional, the Kyiv and Sevastopol city and district state administrations. These commissions can include the representatives of scientific establishments, public organizations, associations, etc.

5.The expenditure of local authorities that came up due to the resolution on conducting agricultural census are compensated for out of the state budget.    

Article 11. Temporary personnel

For preparation and conducting agricultural census, processing and summarization of its results, temporary personnel who are citizens of Ukraine aged 18 from the employed and unemployed shall be involved. 

Carrying out of work connected with preparation and conducting agricultural census and processing and summarizing their results by persons from the unemployed registered in the state employment service recognized as the unemployed in accordance with the established procedure shall be considered payable public work. For such persons throughout the whole period of preparation and conducting agricultural census and processing their results the status of the unemployed is preserved and unemployment allowance is paid off.   

The persons who wee involved in preparation and conducting agricultural census are granted corresponding certificates.

The procedure of recruiting and wage conditions of temporary personnel are specified by the Cabinet of Ministers of Ukraine.

Article 12. Financing activities connected with preparation and conducting agricultural censuses, processing, summarizing, dissemination and use of their results
Measures concerning financing and logistics provision of preparation and conducting agricultural census, processing, summarizing, dissemination and us of their results shall be approved by the Cabinet of Ministers of Ukraine.

Financing activities connected with preparation and conducting agricultural census, processing, summarizing, dissemination and use of their results  shall be don at the expense of the State budget.

Part IV. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF SUBJECTS OF AGRICULTURAL CENSUS

Article 13. Rights and obligations of respondents


The respondents have the following rights:   

know what primary data on them are collected during agricultural census, the objective of collecting them, how, by whom and  for what they are used;

familiarize themselves with records in census documentation that concern them personally;

demand from the temporary personnel to show their certificate. In case of refusal, respondents shall not be obliged to give the answers to questions stipulated by the agriculture census program.   

The respondents of agricultural census are obliged to provide full and reliable information according to the list of questions stipulated by the agriculture census program free of charge, in accord with the form and within a given time.

Article 14. Rights and obligations of temporary personnel

 Temporary personnel involved in agricultural census have the following rights:

during the conduct of agricultural census within the period of time specially specified by the authorized central body of executive power in the area of statistics, visit households with the purpose of fulfilling the obligations imposed on them;

for labor enumeration for the work done connected with preparation and conducting agricultural census, processing and summarizing of their results.

Temporary personnel are obliged to do the following:

before the beginning of questioning, show his certificate to respondent and inform respondents about his rights and obligations;

during questioning, ask exclusively those questions that stipulated by agricultural census program;

in a good manner and within a given time, fulfill the work within its competence, clearly and reliably record data  reported by respondent without distorting its contents;

strictly adhere to the legislation regarding the prohibition to report to anybody apart from respondent the contents of the filling in census documentation about him.

Article 15. Rights and obligations of the authorized central and local bodies of executive power, local authorities and other legal persons involved in preparation and conducting agricultural census

The rights and obligations of specially authorized central body of executive power in the area of statistics, state regional statistics offices and their employees during the conduct of agricultural census are specified by the Law of Ukraine On the State Statistics.

Central and local authorities of executive power, local authorities and other legal persons involved according to their competence in preparation and conducting of agricultural census:

have the right to make a proposal regarding the solution to questions connected with preparation and conducting agricultural census;

within a given time and to the fullest extend are obliged to do their work stipulated by the calendar plan for preparation and conducting agricultural census as well as processing, summarizing and dissemination of their results.

Article 16. Rights and obligations of users

 Users have the right to obtain congregated depersonalized data on agricultural census under the conditions stipulated by the Law of Ukraine On the State Statistics.

Users (respondents) have the right to free access  to data from agricultural census which concern them personally.

While using data from agricultural census, users must refer to their source.

Article 17. Responsibility for violating this Law

Persons who are guilty of infringing this Law bear the responsibility stipulated by law.

Part V. USE OF AGRICULTURAL CENSUS RESULTS

Article 18. Protection of primary data obtained during the conduct of agricultural census

The primary data obtained during the conduct of agricultural census according to the Law of Ukraine On the State Statistics are confidential information which is protected by law in accordance with the established procedure. Data concerning respondent personally must not be disseminated without his previous consent and should be used exclusively for statistical purposes in congregated depersonalized form.

The state authorities, local authorities and their officials, other legal persons, associations of citizens and other persons have no right to demand the primary data on agricultural census with the purpose of making use of them for decision-making about particular respondent.

Filled in forms, other census documentation with primary data are liable to keeping in premises with no access to unauthorized persons during three years while the primary data are to be kept in electronic form till next corresponding agricultural census. After the end of this specified date, census documentation with primary data regarding specific respondents is liable to annihilation in accordance with the established procedure.  

Article 19. Dissemination of agricultural census results

the specially authorized central boy of executive power in the area of statistics, regional state statistics offices ensure the dissemination of the principle results of agricultural census through paper, magnetic and other media of information or in electronic format according to the program on working up agricultural census materials.

Part VI. CONCLUDING POVISIONS

1.This Law becomes effective on the day of its publishing.
2.Laws and other normative and legal acts adopted before this Law has come into force are effective unless they contradict this Law.

The President of Ukraine                                                     V, Yushchenko

City of Kyiv
23 September 2008
N 575-VI


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