Regulations on the Procedure for Appointment to and Dismissal from the Position of
Vice-Rectors, Director of the Scientific and Technical Library,
Head of the Postgraduate and Doctoral Studies Department, Scientific Secretary
of National Aerospace University
«Kharkiv Aviation Institute»
Approved:
by the Academic Council
of National Aerospace University
«Kharkiv Aviation Institute»
Minutes No. 5 dated December 27, 2023
Enacted by Order No. 304 dated December 27, 2023
QMS KhAI-R-P/001:2023
Date of Introduction: January 01, 2024
Revision No. 1
1. General Provisions
1.1. The Regulations on the Procedure for Appointment to and Dismissal from the Position of Vice-Rectors, Director of the Scientific and Technical Library, Head of the Postgraduate and Doctoral Studies Department, Scientific Secretary (hereinafter ‒ the Regulations) of National Aerospace University «Kharkiv Aviation Institute» (hereinafter ‒ the University) have been developed taking into account the requirements of the labor legislation of Ukraine, the Laws of Ukraine «On Education», «On Higher Education», «On Scientific and Scientific-Technical Activity», «Recommendations on Conducting Competitive Selection upon Filling Vacant Positions of Academic and Teaching Staff and Concluding Labor Agreements (Contracts) with Them», approved by Order of the Ministry of Education and Science of Ukraine No. 1005 dated October 5, 2015 (as amended), and other regulatory acts of the Cabinet of Ministers of Ukraine, the Ministry of Education and Science of Ukraine on matters of filling positions with academic and teaching staff, and regulate the procedure for filling vacant positions of: vice-rectors, in particular, vice-rectors whose activities are directly related to the educational or scientific process; director of the scientific and technical library; head of the postgraduate and doctoral studies department; scientific secretary of the University.
1.2. The positions of vice-rectors whose activities are directly related to the educational or scientific process, head of the postgraduate and doctoral studies department, and scientific secretary may be held by persons who possess a scientific degree and/or an academic rank.
1.3. The position of a vice-rector, director of the scientific and technical library, head of the postgraduate and doctoral studies department, or scientific secretary is considered vacant upon the expiration of the term of the labor agreement (contract) of the person who held the corresponding position, or their dismissal on grounds provided for by labor legislation, as well as in the event of introducing a new position into the staffing table of the University.
1.4. Article 55 of the Law of Ukraine «On Higher Education» and the Charter of the University do not provide for mandatory competitive selection to fill the positions of vice-rector, director of the scientific and technical library, head of the postgraduate and doctoral studies department, or scientific secretary. For filling vacant positions without conducting competitive selection, general norms of labor legislation, provisions of the University Charter, and these Regulations shall apply.
1.5. Vice-rectors, the director of the scientific and technical library, the head of the postgraduate and doctoral studies department, and the scientific secretary, whose fixed-term labor agreement (contract) is expiring, shall be notified in writing by the human resources department regarding the expiration of the term of the labor agreement (contract) and dismissal from the position no later than two months before its expiration. The positions of vice-rector, director of the scientific and technical library, head of the postgraduate and doctoral studies department, or scientific secretary who are on maternity leave, parental leave until the child reaches the age of three, sabbatical leave, or undergoing advanced training, are not considered vacant and shall be filled temporarily in the manner prescribed by the legislation of Ukraine.
1.6. To other positions of academic and teaching staff specified in Article 55 of the Law of Ukraine «On Higher Education», as well as to the positions of heads of instructional (educational) units, with the exception of the positions defined in these Regulations and positions filled as a result of competitive selection, employees shall be appointed in the manner specified in Section 4 of these Regulations.
2. Appointment to and Dismissal from the Position of Vice-Rectors
2.1. The selection of candidates for the positions of vice-rectors shall be carried out by the Rector.
2.2. The decision on appointment to the positions of vice-rectors in accordance with Paragraph 4 of Part 6 of Article 40 of the Law of Ukraine «On Higher Education», taking into account Paragraph 12 of the Letter of the Ministry of Education and Science of Ukraine No. 1/9-495 dated October 21, 2015 «On Approval of Decisions by Student Self-Government Bodies», shall be made by the Rector upon approval by the student self-government body of the University. The contract with a vice-rector enters into force after obtaining the consent of the student self-government body of the University regarding the appointment of the candidate to the position. The preparation for concluding a contract with a vice-rector and drafting the order on their appointment shall be preceded by a written request from the Rector to the Chairperson of the student self-government body to grant consent for the appointment, and a positive response from the student self-government body of the University. The response to the Rector's request regarding approval for the appointment to the position of a vice-rector must be provided within 5 working days. In the event that the Rector has not decided on a candidate for the position of vice-rector, or in the absence of an expression of will or non-approval of a candidate for the position of vice-rector by the student self-government body of the University, the Rector shall appoint a person determined by them as an acting vice-rector (assign duties of a vice-rector) until their appointment in accordance with the established procedure.
2.3. The term for which a contract (labor agreement) is concluded with a vice-rector shall be determined by the agreement of the parties, but shall not exceed five years.
As a rule, the final term of holding office as a vice-rector is established no later than the date of expiration of the Rector's tenure at the University. If the contract with a vice-rector is concluded by the acting Rector of the University, the duration of such contract, as a rule, does not exceed one calendar year from the date of conclusion.
The decision to extend employment relations with an employee in the position of a vice-rector, taking into account the provisions of Paragraph 2 of this Clause, shall be made by the Rector upon approval by the student self-government body of the University.
2.4. The contract with a vice-rector whose activities are directly related to the educational or scientific process shall define the target performance indicators of the University, the achievement of which must be ensured by the person holding the position of vice-rector upon signing the contract, the mechanisms for verifying the achievement of such target indicators, as well as the timeframes for achieving such target indicators. To ensure ongoing control over the fulfillment of target indicators, before the start of a new budget (academic) year, the vice-rector shall submit to the Rector for approval a work plan for the current budget (academic) year, specifying quantitative indicators that correlate with the target indicators established by the contract for the assigned areas of University activities, and upon completion of the year, shall report to the Rector on the performance in the assigned areas of University activities.
2.5. Due to the fact that a vice-rector may substitute for the Rector as an acting Rector in accordance with the University Charter, their contract, and the Rector's order, or pursuant to a corresponding order of the Ministry of Education and Science of Ukraine, restrictions defined by Part 2 of Article 42 of the Law of Ukraine «On Higher Education» are provided for and applied when appointing a person to the position of a vice-rector at the University.
A person cannot be appointed to and cannot hold the position of a vice-rector if they:
1) have been declared legally incompetent or whose legal capacity is restricted by a court decision;
2) have a criminal record for committing a criminal offense, if such a record has not been expunged or cleared in the manner prescribed by law;
3) are deprived of the right to hold corresponding positions in accordance with a court verdict;
4) have been found guilty of committing a corruption-related offense by a court decision — within a year from the date such court decision enters into legal force;
5) have been subjected to an administrative penalty for a corruption-related offense — within a year from the date the corresponding court decision enters into legal force;
6) fall under the scope of Part 3 of Article 1 of the Law of Ukraine «On Cleansing of Power»;
7) voted for the dictatorial laws on January 16, 2014.
2.6. In accordance with Clause 5.3.2 of the University Charter, the Rector appoints his deputies (vice-rectors), defines their official duties, and delegates to them (if necessary) part of his powers. The Rector determines the functional duties of the vice-rectors and allocates the fields of activity among them, which can be formalized in the form of an order or by approving job descriptions (amendments to them), and may additionally issue separate instructions. Vice-rectors are accountable and controlled by the Rector of the University and work under his direct supervision.
2.7. On the basis of the order on approval of the organizational structure of the University with the definition of the list of structural units directly subordinate to the vice-rectors by fields of activity, taking into account the provisions of the contract with the vice-rector, certain structural units are assigned to the vice-rector, regarding which he carries out operational management and direct supervision on behalf of the Rector. The list of subordinate structural units shall be clarified and changed by the corresponding order of the Rector as necessary.
2.8. Vice-rectors are obliged to provide annual and other reports to the Academic Council of the University regarding the implementation of work plans and the state of affairs in the assigned fields of University activity.
2.9. A vice-rector may be dismissed on the grounds specified by the Labor Code of Ukraine and the contract concluded with them.
3. Appointment to and Dismissal from the Position of the Director of the Scientific and Technical Library
3.1. The determination of candidates for filling the position of the director of the scientific and technical library is carried out by the Rector, taking into account the proposals of the Vice-Rector for Academic Affairs (Vice-Rector for Research).
3.2. Qualification requirements for appointment to the position of the director of the scientific and technical library are determined by the corresponding job description.
3.3. Candidates for filling the vacant position of the director of the scientific and technical library are preliminarily discussed at the meeting of the labor collective of the scientific and technical library. The meeting of the scientific and technical library staff is considered valid if at least half of its personnel takes part in it. During the selection of candidates for the position of the library director, the meeting of the labor collective of the scientific and technical library is led by the Rector or one of the vice-rectors on his behalf. At the meeting, the candidate for the position reports on the results of work in the position for the previous term (if he held the position of the director of the scientific and technical library up to this time) or in other positions and acquaints those present with the perspective program of activity (work plan) for the position for the future period in case of his appointment to the position.
The decision of the meeting of the labor collective on the recommendation for the appointment of the candidate to the position of the director of the scientific and technical library is made by open vote and is considered valid if the candidate receives a simple majority of votes from the members of the library collective present at the meeting. If the votes of the persons who took part in the voting are divided equally for and against the recommendation of the candidate for the position, a repeat vote is not conducted, and the opinion of all parties, showing the results of the voting, is reflected in the conclusion of the collective meeting. Candidates have the right to be present at the meeting during the discussion of their candidacies. The results of the discussion and voting on the candidates for the position of director at the meeting of the labor collective are taken into account by the Rector when making a decision on the appointment of a specific candidate to the position.
3.4. With the person appointed to the position of the director of the scientific and technical library, by mutual consent between the Rector and them, a fixed-term labor agreement (contract) may be concluded, which is a special form of labor agreement. Before the Rector signs a contract with a person to whom the Rector has previously given consent for appointment to the position of the director of the scientific and technical library, this person undergoes an interview with the vice-rectors whose activities are directly related to the educational and scientific process, for the purpose of clarifying individual job duties and professional tasks, determining the term of office, and aligning the contract conditions with the vice-rectors. The contract defines the target performance indicators of the scientific and technical library of the University, the achievement of which must be ensured by the person holding the position in case of signing the contract, the mechanisms for verifying the achievement of such target indicators, as well as the timeframes for achieving such target indicators. Based on the results of the interview, the vice-rectors initial the candidate's application and approve the draft contract. After that, the Rector signs the contract and issues an order on the appointment of the person to the position.
3.5. The director of the scientific and technical library is subordinate to the Rector of the University. On behalf of the Rector, the functions of direct management of the work of the director of the scientific and technical library may be assigned to a vice-rector of the University. Before the start of the new year, the director of the scientific and technical library submits a work plan for the next year to the Rector for approval, and at the end of the year, reports on implementation and results. Current control can be carried out directly by the Rector or a vice-rector on his behalf.
3.6. The director of the scientific and technical library must provide reports to the Academic Council of the University in accordance with the established periodicity regarding the implementation of the activity plan and the state of affairs in the scientific and technical library of the University.
3.7. The director of the scientific and technical library may be dismissed on the grounds specified by the Labor Code of Ukraine and the contract concluded with them.
4. Appointment to and Dismissal from the Position of the Head of the Postgraduate and Doctoral Studies Department, Scientific Secretary of the University
4.1. The determination of candidates for filling the position of the head of the postgraduate and doctoral studies department of the University and the scientific secretary of the University is carried out by the Rector.
4.2. With the candidates for filling the position of the head of the postgraduate and doctoral studies department or the scientific secretary of the University, based on the results of the interview with the Rector, duties, tasks, and a perspective program of activity (work plan) for the position for the future period in case of the candidate's appointment to the position are discussed.
4.3. The candidate for filling the vacant position of the head of the postgraduate and doctoral studies department or the scientific secretary, upon prior agreement of the Rector of the University, submits an employment application to the human resources department, as well as other documents provided for by the requirements of personnel record-keeping at the University and qualification requirements for appointment to the position in the corresponding job description.
4.4. The head of the postgraduate and doctoral studies department and the scientific secretary of the University may be dismissed from office on the grounds specified by the Labor Code of Ukraine.
5. Final Provisions
5.1. The procedures and rules specified in these Regulations apply to legal relations that arise after the entry into force of these Regulations.
5.2. The Regulations on the Procedure for Appointment to and Dismissal from the Position of Vice-Rectors, Director of the Scientific and Technical Library, Head of the Postgraduate and Doctoral Studies Department, Scientific Secretary are approved by the Academic Council of the University and enacted by order of the Rector.
5.3. Changes and/or additions to these Regulations are made in the manner established for its adoption.