In the frameworks of the international Action Plan for the Chornobyl Shelter, the experts analyzed experience in safety regulation of the efforts on overcoming consequences of the accident that occurred 30 years ago at ChNPP-4 and presented achievements under this Plan.
2. Fundamental Safety Principles within the Action Plan for the Shelter (NP 306.1.102–2004) [Fundametalni pryntsypy bezpeky diialnosti v ramkakh Planu zdiisnennia zakhodiv na obiekti “Ukryttia” (NP 306.1.102–2004)], available at: http://ua-info.biz/legal/baseut/uasmpejt.htm (Ukr)
3. Guideline on the Application of the Safety Principles in Regulatory Activity under the Action Plan for the Shelter (RD 306.1.128–2006) [Kerivnytstvo shchodo zastosuvannia zasad bezpeky pid chas zdiisnennia rehuliuiuchoi diialnosti v ramkakh planu zdiisnennia zakhodiv na obiekti “Ukryttia” (RD 306.1.128–2006)], Approved by the SNRIU Order No. 151 dated 25 September 2006.(Ukr)
4. Conditions and Procedure for Issuing Separate Written Permits for Activities or Operations on Transformation of the Shelter into Ecologically Safe System (NP 306.4.160–2010) [Umovy ta poriadok vydachi okremykh pysmovykh dozvoliv na vydy roboty chy operatsii shchodo peretvorennia obiekta “Ukryttia” na ekolohichno bezpechnu system (NP 306.4.160–2010)], Approved by the SNRIU Order No. 117 dated 08 September 2010 and Registered in the Ministry of Justice of Ukraine under No. 869/18164 dated 29 September 2010, available at: http://zakon4.rada.gov.ua/laws/show/z0869-10 (Ukr)
Kyiv _____ 20___
The Offer Agreement (according to Articles 633, 641 and 642 of the Civil Code of Ukraine) is an official public offer (hereinafter referred to as the Offer) to conclude an Agreement between the State Enterprise “State Scientific and Technical Center for Nuclear and Radiation Safety”, which is the publisher of the Nuclear and Radiation Safety Journal (hereinafter the Publisher), and any individual who is the author of a scientific paper (hereinafter the Paper) or a coauthor authorized by the team of authors of the Paper (hereinafter the Client); therefore, the Publisher shall publish this Offer Agreement on the official website of the Nuclear and Radiation Safety Journal (hereinafter the Journal).
By accepting this Offer in accordance with Article 634 of the Civil Code of Ukraine, the Client agrees to all the terms of the Offer Agreement (hereinafter the Agreement) in the form that is set forth in the text of this Agreement. This Agreement has legal force and is equivalent to the agreement signed by the Client and the Publisher (hereinafter the Parties).
By concluding the Agreement, the Client confirms that he/she is fully acquainted and agrees with its terms and gives permission to the Publisher to process his/her personal data required to fulfill the terms of this Agreement. The permission to process personal data is valid indefinitely.
The Offer is the Publisher’s proposal to conclude this Public Offer Agreement on the terms and conditions set forth in the Agreement that is addressed to an unlimited number of persons.
The Accept is acceptance of the offer to conclude the Agreement by an individual.
The Journal is the scientific and technical journal entitled Nuclear and Radiation Safety (Registration Certificate Series KВ No. 3146 dated 26 March 1998, Kyiv, Ukraine).
The Client is the author (or a coauthor of the Paper authorized by the team of authors to sign the Agreement).
The Publisher is the State Enterprise “State Scientific and Technical Center for Nuclear and Radiation Safety” (hereinafter the SSTC NRS) that publishes the Journal (Certificate on Entry of Publishing Entity into the State Register of Publishers, Producers and Distributors of Publishing Products, Series DK No. 5504 dated 28 August 2017).
The Paper is a scientific paper developed by the author (individual) personally or in cooperation with coauthors and additional material (illustrative material) submitted for publication.
The Service is a service or several services for publishing a scientific Paper in the Publisher’s Journal, namely: services for preparing the Paper for printing and publishing.
The Order is the Client’s duly executed application for services that is addressed to the Publisher.
Other terms used in this Agreement comply with the current legislation of Ukraine.
- Subject of the Agreement
- In compliance with the terms and conditions established in this Agreement, the Publisher shall provide services for preparing the Paper for printing and publishing (hereinafter referred to as the Services) and the Client shall accept and pay for the Publisher Services in accordance with the terms of this Agreement.
- The Order for Publisher Services is available on the Journal website. The implementation of all the following actions by the Client shall be considered the full and unconditional accept of this Offer:
- registration and placement of the Paper on the Journal website https://www.nuclear-journal.com;
- payment for the Publisher Services on the basis of the invoice; if the Publisher makes a positive decision to publish the Paper in the Journal (Section 6 para. 6.4 of this Agreement).
- The Client shall place an Order on the website https://www.nuclear-journal.com by sending it to the email address of the Journal’s editorial board.
The Order shall be processed by the Publisher within 3 (three) working days from the date of its placement. If the Order is sent on a weekend or holiday, its processing starts on the first working day after the weekend.
- If a decision is made to publish the Paper, the Publisher shall assume responsibility before the Client, subject to the requirements of Section 3 and Section 6 para. 6.3 of this Agreement, to perform editorial preparation of the Paper for publication and publish it in the Journal; at the same time, the Client shall transfer non-exclusive intellectual property rights for the Paper defined in Section 5 of this Agreement to the Publisher free of charge.
- The Client shall give his/her consent to the collection, processing and placement of his/her personal data (surname, name and patronymic, academic rank and degree (if any), place of work, etc.) and publication of the Paper in the Journal, placement of an electronic version of the published Paper on the Journal website and in scientometric databases (citation databases) such as Scopus, Web of Science V.I. Vernadsky National Library of Ukraine, INIS (The International Nuclear Information System), including Open Access databases, etc.
The Papers shall be published in open access in accordance with the principle that the publication of research findings that are freely available to the public contributes to more global knowledge exchange.
- The Client shall bear responsibility for all the information in the Paper, its plagiarism, as well as false data.
- Payment for Services and Procedure for Their Acceptance
- The cost of each individual Service shall be determined by the Publisher and indicated on the respective page of the website nuclear-journal.com. The cost of the Order shall be determined by adding the costs of all Services selected by the Client.
- The cost of Services under this Agreement shall be determined in accordance with the price rate of the executed Order. The invoice shall be issued by the Publisher in accordance with the current price rate of the Order. The fact of payment for the issued invoice by the Client confirms his/her consent with the selected price rate.
- The Client shall pay for the Publisher Services under this Agreement in the national currency of Ukraine, hryvnia. The Parties agree that the equivalent cost of the Services determined on the respective page of the website nuclear-journal.com in U.S. dollars shall be paid by the Client in hryvnias according to the official exchange rate of hryvnia to U.S. dollar established by the National Bank of Ukraine as of the date of issuing the invoice for the Services by the Publisher.
- Payment shall be made by the Client based on the invoice within 5 (five) working days since the date of invoice receipt from the Publisher.
- Payment obligations shall be considered to be fulfilled by the Client since the date of placing the funds to the Publisher’s current account specified in the detailed data of the Parties.
- The Service shall be considered to be provided since the moment the Journal has been produced by means of printing, sent for distribution and/or placed in electronic format on the Journal website and the moment the Client has been informed on the issue of the Journal in accordance with Section 6 para. 6.6 of this Agreement.
- Rights and Obligations of the Publisher and the Client
- The Publisher shall provide the Client with the Services specified in this Agreement in full scope and with appropriate quality.
- The Publisher may require additional information necessary for the provision of Services specified in para. 2.1 of this Agreement from the Client.
- The Publisher may refuse to publish the Paper if the Paper:
— is not consistent with the tasks and objectives of the Journal and its subject;
— has no novelty;
— does not adequately justify the relevance of the research;
— has no theoretical or practical value, and the material provided is insufficient for an independent publication;
— has format that does not meet the requirements for publications;
— contains information that is prohibited for publication.
- The Publisher shall reserve the right to determine the issue of the Journal in which the Paper will be published.
- The Client shall execute the Paper in compliance with the rules for authors placed on the Journal website as of the date of Paper submission.
- The Client shall reserve the right without the consent of the Publisher for:
— using information provided in the Paper in whole or in part for educational purposes;
— using information provided in the Paper in whole or in part for writing his/her own thesis papers;
— using information provided in the Paper for the preparation of conference proceedings, reports and verbal presentations;
— posting electronic copies of the Paper (in particular, the final electronic version downloaded from the Journal website) on:
а) personal web resources of all authors (websites, web pages, blogs, etc.);
- b) web resources of institutions where the authors work (including electronic institutional repositories).
In all cases, the presence of a bibliographic link to a paper or hyperlink to its electronic copy on the Journal website is mandatory.
- Transfer of Property Rights
- The intellectual property rights that shall be transferred by the Client to the Publisher for the entire validity (effective) period of the intellectual property rights for the Paper established by current legislation of Ukraine on copyright and related rights as of the date of concluding this Agreement in accordance with para. 2.1 thereof.
- Under this Agreement, the Client shall transfer the property rights to use the Paper in all countries to the Publisher as follows:
— publication of the Paper in Ukrainian (English) and distribution of its print version;
— translation of the Paper into English (for Papers in Ukrainian) and distribution of its translated print version;
— distribution of the electronic version of the Paper and the electronic version of the English translation of the Paper (for Papers in Ukrainian) through any electronic software (placement on the Journal’s official website, in electronic databases, depositories, etc.).
- The Paper shall be transferred for editing and preparation for publication to the Publisher in hard and electronic copies in accordance with para. 2.1 of this Agreement.
The Authors shall sign the last page of the Paper hard copy. An expert conclusion on the possibility of its publication in open access and author's reference data shall be attached to the Paper. The surname, name and patronymic of the Authors, the field of the Paper, the address for correspondence, e-mail, and business and contact phone numbers of the Authors shall be indicated in the author's reference data.
The property rights for the Paper shall be transferred at the moment the Paper is placed for editing and preparation for publication.
- After the Accept of this Agreement, the Client may not transfer (alienate) the property rights for the Paper to third parties or transfer the rights for use (exclusive, non-exclusive right, granting licenses, etc.) of the Paper to third parties.
- The Client shall declare that the intellectual property rights for the Paper were not transferred to another individual.
- The Client shall declare that he/she did not violate the intellectual property rights of other persons; the Paper was not previously published by other publishing houses and was not submitted for publication to other publishing houses. If the Paper contains data of other individuals, the Client shall use such data in compliance with the legislation of Ukraine.
- Procedure for Provision of Services
- The Client shall submit the Paper for publication through the Journal website.
- The Paper shall be sent by the Journal editorial board (hereinafter the editorial board) for review. Reviews shall be considered at an editorial board meeting and a decision shall be made on the possibility of publishing Papers in the Journal. The editorial board shall reserve the right to edit Papers and subsequently agree their text with the Authors.
- By resolution of the Journal editorial board based upon the review, the Publisher shall make a decision to publish/not to publish the Paper in the Journal and shall inform the Client to that effect.
- After making a positive decision on publishing the Paper, provided that the terms of this Agreement are met, the Publisher shall agree the scope of Services to be provided with the Client and issue an invoice to the Client in accordance with Section 3 of this Agreement.
- The editorial board of the Journal shall edit and prepare the Paper for publication and publish it in the Journal after the payment is transferred to the Publisher’s current account.
- The Publisher shall inform the Client about issue of the Journal and send the electronic version of the published Paper to the Client’s email.
- This Agreement is an accession agreement in accordance with Article 634 of the Civil Code of Ukraine and an Offer in accordance with Article 641 of the Civil Code of Ukraine, whose Accept by the Client shall be provided in compliance with the terms of this Agreement. If the Client acts as a third party that is not the Author (s) of the Paper, the Accept of this Offer shall be provided by him/her as by the signature party of this Agreement.
- Liability of the Parties
- The Parties shall bear responsibility for untimely or improper fulfillment of their obligations envisaged in current legislation of Ukraine and this Agreement.
- The Parties shall be exempt from liability in the event of force majeure or circumstances that cannot be controlled by the Parties over the period of these circumstances. Force majeure includes strikes, mobilization, epidemics, natural disasters, fires, explosions, military operations, riots and other actions that do not depend on actions of the Parties, as well as actions of state bodies, if such circumstances affect the fulfillment of obligations by the Parties under this Agreement. ICC Force Majeure Clause 2003 shall be followed in the event of force majeure in all cases not specified in this Agreement.
- One Party shall notify the other Party of force majeure circumstances for any of the Parties within 5 (five) days since their occurrence. If the respective Party fails to make notification within the specified period, it may not invoke such circumstances as a basis for exemption from liability.
- The initiation and duration of force majeure is evidenced by a respective document issued by the Ukrainian Chamber of Commerce and Industry or another document that shall confirm the occurrence and duration of force majeure according to current legislation of Ukraine.
- If force majeure lasts over 30 (thirty) calendar days, each Party shall have the right to terminate this Agreement unilaterally.
- Dispute Resolution Procedure
- In the event of disputes or disagreements, the Parties shall undertake to resolve them through mutual negotiation and consultation. Pre-trial dispute resolution measures shall be taken by the Parties on a compulsory basis. All claims of the Parties shall be made in writing and signed by the authorized persons.
- The Parties shall not be responsible for the violation of their liabilities under this Agreement if it occurred through no fault of their own. A Party shall be considered not guilty if it proves that it has taken all possible measures to fulfill the liabilities properly.
- If a dispute (discrepancy) cannot be resolved through negotiations, it shall be settled in a judicial proceeding according to the jurisdiction of such a dispute in compliance with the current legislation of Ukraine.
- Other Terms
- The Parties shall follow the current legislation of Ukraine in cases not envisaged in this Agreement.
- The Parties shall be responsible for the accuracy of the details specified by them in this Agreement and shall undertake to notify each other about changes in their details within a reasonable period of time, but not later than 5 (five) business days since the date of such changes.
- The Client shall guarantee that the transfer of intellectual property rights for the Paper to the Publisher in the amount specified in this Agreement in no way violates the rights of third parties.
- The Client shall guarantee that he/she will not dispute personally and/or assist other persons in disputing against the procedure and forms of exercising the intellectual property rights for the Paper by the Publisher under this Agreement if this does not prejudice the honor and reputation of the author.
- The place of concluding this Agreement is the registration address of the Publisher.
- The text of this public Agreement has been published on the official website of the Journal Publisher https://www.nuclear-journal.com.
- Publisher Registration Address and Details
State Enterprise “State
Scientific and Technical Center for Nuclear and
Radiation Safety” (SSTC NRS)
Kyiv 03142, 35-37 V.Stusa Street
P/O box 124
EDRPOU code: 14282338
Individual tax number: 142823326578
Bank account details:
in JSC “Ukreximbank” in Kyiv;
in Settlement Center Branch of PJSC CB Privatbank
Phone (044)450-67-72, fax (044)452-89-90