This Law determines legal, economic and organizational foundations of preparation and conduct of an all-Ukrainian population census (hereinafter referred to as population census), processing, aggregation, distribution and use of its results and regulates relations of the subjects of a population census, determines their rights, duties and responsibilities, establishes guarantees of the state on protection of the confidential information obtained during a population census.

The following terms and concepts are defined as follows for the purposes of this Law:

household – a set of individuals which live together at one dwelling or its part, provide themselves with everything necessary for their life, operate their home economy together, completely or partially combine and spend money resources. These persons can be relatives by blood or in law, or not to have either of these relations, or to have both kinds of them. A household can consist of one person;

schedule of preparation and conduct of a population census – a list of the basic organizational measures for each stage of works on a population census with deadlines of their performance and designation of the responsible executors;

concept of methodology of data processing of a population census – a set of principles and methods of data processing of a population census, which provide reliability and confidentiality of the information, reliability and accuracy of performance of works within the established terms;

user – a legal or natural person using the data of a population census;

method of a population census - way in which the data about the population are obtained;

population census - periodic full-coverage state statistical observation including collection of the demographic and socio-economic data, which characterize the size and structure of the population of the country on the established date, and also processing, aggregation, distribution and use of its results;

census sheet – form for recording the answers on the questions of the programme of a population census that are specified in it;

census documentation – a set of forms that are filled by the temporary census personnel during preparation and conduct of a population census and processing of its results. Census documentation includes census sheets, lists of persons living in a dwelling, information on the conduct of a population census, etc;

census toolkit – census documentation and instructive materials used during preparation and conduct of a population census, and processing, aggregation, distribution and use of its results;

programme of a population census - a list of questions about the characteristics of the natural persons, households, and also dwellings in which they live, with the attributes established by the specially authorized central executive body in the area of statistics;

programme of development of materials of a population census – a system of groupings and combinations of attributes that are used to convert primary (personal) data of a population census into a set of aggregate depersonalized and generalized indicators, which characterize the size and structure of the population;

respondent – natural person subject to an interview during a population census;

temporary census personnel - specially trained persons involved in preparation and conduct of a population census and processing of its results for the periods established by the Cabinet of Ministers of Ukraine.

Legal basis of a population census is the Constitution of Ukraine, the Law of Ukraine “On state statistics”, this Law, legislation of Ukraine on the information and computerization, other legal acts, and also effective international contracts, the binding consent to which is given by the Parliament of Ukraine.

The purpose of conduct of a population census is to obtain reliable, objective and integral data on various characteristics of the population of the country as a whole and on each administrative-territorial unit for the purposes of information support of management and forecasting of socio-economic development, and also development and implementation of the balanced state policy on the population.

The ground for conduct of a population census is a decision of the Cabinet of Ministers of Ukraine, which is approved not later than 3 years prior to its beginning.

Subjects of a population census include:

respondents - citizens of Ukraine, including those who are beyond its territory on the established date of a population census, and also the foreigners and persons without citizenship who are in territory of Ukraine on the established date of a population census;

temporary census personnel and other staff involved in preparation or conduct of a population census, and processing, aggregation, distribution and use of its results;

specially authorized central and local executive bodies, bodies of local self-governance, and also other legal persons, their departments, branches, representative offices, etc that are involved according to their competence to preparation and conduct of a population census;

The programme of a population census comprises the main primary (personal) data collection of which is carried out during conduct of a population census.

Such data are the following:

The above list of the main (personal) data of a population census may be reduced or extended by decision of the Parliament of Ukraine.

A question shall not be included in the programme of a population census if the answers to it contains the information that is classified as state or commercial secret, not intended for the statistical purposes or restraining or infringing the rights and freedoms of an individual and citizen.

The population census is carried out by the following methods:

by direct visits to dwelling houses and inhabited premises in other buildings by the temporary census personnel and filling by it of the census documentation;

by reception of the written (oral) answers of the respondents to questions according to the programme of a population census.

Other methods of a population census can also be applied according to the procedure established by law.

The filling of the census documentation is carried out on the basis of the information obtained from the respondents without their documentary confirmation.

Main methodological and organizational principles of conduct of a population census are the following:

regularity and periodicity of a population census, which ensures continuity and comparability of obtained results;

universality and simultaneity of a population census, which ensures coverage by polling of all respondents to which this Law is applied, and reception from them of the data as of the established single moment of time;

unity of the programme of a population census, and also methods of its conduct and processing of results;

personalisation of the primary data of a population census, which means reception of the information directly from a specific natural person, and also discretion of the respondents with respect to the answers to questions of the programme of a population census;

confidentiality of primary (personal) data of the population census, which envisages ensuring their protection according to the procedure established by law;

centralized management and coordination of all works related to preparation and conduct of a population census, and also processing, aggregation, distribution and use of its results.

According to the main methodological and organizational principles of conduct of a population census, the draft programme of a population census and census toolkit are developed by the specially authorized central executive body in the area of statistics in view of the generalized proposals submitted by specially authorized central and local executive bodies, bodies of local self-governance and other legal persons within their competence, and also according to the requirements of the international obligations of Ukraine.

The draft programme of a population census, census toolkit, method of a population census, the basic organizational measures on its conduct, and also the Concept of technology of data processing of a population census are improved during conduct of trial censuses of the population in one or several territorial units within terms established by the Cabinet of Ministers of Ukraine. After discussion of results of trial censuses of the population and the achievement of an agreement with the specially authorized central and local executive bodies and bodies of local self-governance, relevant scientific establishments and organizations, the programme of a population census and census toolkit are approved by the specially authorized central executive body in the field of statistics, which also develops and approves the schedule of preparation and conduct of a population census, method of a population census, Concept of technology of data processing of a population census and programme of development of materials of a population census.

The specially authorized central executive body in the area of statistics carries out management of all works related to preparation of a population census, ensures conduct of a population census, except some of its categories, and also processing, aggregation, distribution and use of results of a population census.

According to the established procedure and within the specified terms, specially authorized central executive bodies carry out within their competence:

preparation and conduct of a census of military staff, convicted individuals, persons located in closed territories, etc;

census of the citizens of Ukraine that are beyond its territory during conduct of a population census, including those working in diplomatic representations and consular establishments of Ukraine and members of their households;

census of the persons who are permanently residing in establishments of public health services and social establishments.

Specially authorized central executive bodies ensure within their competence:

allocation of necessary material resources, target allocation of funding in the draft State budget of Ukraine, financing of works related to conduct of a population census during the whole term of their performance;

according to the established procedure and within the specified terms, the necessary cartographical materials;

safe work conditions for the temporary census personnel and preservation of the census documentation;

assistance in recruitment of the temporary census personnel by unemployed individuals that are registered in employment service bodies as looking for work;

uninterrupted acceptance and urgent delivery of loads intended for preparation and conduct of a population census and processing of its results;

guaranteed provision of travel passes to persons that are carrying out preparation and conduct of a population census;

according to the established procedure and within the specified terms, creation of appropriate conditions for a census of the passengers in trains and long-distance buses, international tourist buses irrespective of the agency to which they belong, on boats, at railway, river and sea stations, quayes, bus stations and at the airports;

uninterrupted work of telephone communication and urgent reception and delivery of the mail and telegraph correspondence, sendings, parcels and electronic mail necessary for preparation and conduct of a population census and processing of its results. All specified items are processed according to the procedure established for governmental mail and telegraph correspondence;

special thematic publicity with the purpose to attract attention of the public to a population census.

Local executive bodies and the bodies of local self-governance ensure:

definition and specification of the list and borders of the urban settlements and ordering in them of the names of streets, lanes, etc, and numbering of blocks, houses and apartments;

checking of correctness and completeness of the population recording;

the temporary census personnel and other workers to be involved in preparation and conduct of a population census and processing of its results, premises equipped with necessary furniture and inventories, and also communication facilities, transport, etc;

assistance in selection and training of the temporary census personnel.

With the purpose of coordination of actions of the specially authorized central and local executive bodies, bodies of local self-governance, and also other legal persons, their departments, branches, representative offices, etc involved according to their competence in preparation and conduct of a population census, the Cabinet of Ministers of Ukraine creates an Interdepartmental commission of assistance to the population census under presidency of the Vice Prime Minister of Ukraine.

Such commissions are also established at all levels of the territories of the country. These commissions are headed by the Deputy Chairman of Council of Ministers of the Autonomous Republic Crimea, deputies of the heads of local executive bodies and bodies of local self-governance.

For preparation and conduct of a population census and processing of its results, temporary census personnel - the citizens of Ukraine not younger than 18 that are employed or unemployed - is recruited.

The persons that are involved upon their consent in performance of works related to preparation and conduct of a population census and processing of its results, retain the average earnings in their jobs or the stipend in their educational establishment for terms established by the Cabinet of Ministers of Ukraine for performance of such works.

Performance of works related to preparation and conduct of a population census and processing of its results by unemployed persons that are registered with the employment service as looking for work, is treated as performance of paid public works. Such persons retain the status of the unemployed and the unemployment benefit for a period of preparation and conduct of a population census and the processings of its results.

The procedure of labour remuneration of the temporary census personnel is determined by the Cabinet of Ministers of Ukraine.

The persons involved in preparation and conduct of a population census, are given the appropriate credentials.

The financing of works related to preparation and conduct of a population census, processing, aggregation, distribution and use of its results according to Articles 8 (except paragraphs 2 and 3 of part 4) and 9 of this Law, is carried out at the expense of funds of the State budget of Ukraine, and according to the paragraphs 2 and 3 of part 4 of Article 8 of this Law - at the expense of funds of the local budgets.

Cabinet of Ministers of Ukraine approves measures on material and financial support of preparation and conduct of a population census, processing, aggregation, distribution and use of its results.

For performance of a works related to conduct of a population census, the technical and material assistance, and also funds of international organizations, foreign states, associations of the citizens, other legal and natural persons can be used according to the procedure established by the legislation.

The respondents have the right:

to know what primary (personal) data on them are collected during a population census, for what purpose they are collected, and in what way, by whom and for which purpose they are used;

to check records in census sheets and other census documentation, which contain the information on them;

to require that the temporary census personnel produce their relevant credentials. If such credentials are not produced they are not obliged to answer questions envisaged by the programme of a population census.

The respondents are obliged to provide free-of-charge complete and reliable primary (personal) data stipulated by the programme a population census according to the established form and within the specified terms.

The temporary census personnel and other workers involved in preparation and conduct of a population census, processing, aggregation, distribution and use of its results, have the right:

during conduct of a population census, to visit dwelling houses and inhabited premises in other buildings with the purpose of performance of their duties during the term established by the specially authorized central executive body in the area of statistics;

to be paid for performance of works related to preparation and conduct of a population census, processing, aggregation, distribution and use of its results.

The temporary census personnel and other workers involved in preparation and conduct of a population census, processing, aggregation, distribution and use of its results, are obliged:

before the beginning of an interview to produce the appropriate credentials to the respondent;

to carry out works within their authority with proper quality and within the specified terms;

during an interview, to adhere strictly to the list of questions established by the programme of a population census, and to communicate their contents precisely;

to record precisely and authentically the data provided by the respondent and to avoid its distortion;

to adhere strictly to the requirement on the prohibition to inform anybody, except the respondent, of the contents of the census documentation related to him.

Specially authorized central and local executive bodies, bodies of local self-governance, other legal persons, their departments, branches, representative offices, etc involved according to their competence to preparation and conduct of a population census:

have the right to take part in discussion and decision-making on questions related to preparation and conduct of a population census;

are obliged within the specified terms to complete the works envisaged by the acts of the Cabinet of Ministers of Ukraine and the schedule of preparation and conduct a population census.

The users have the right to obtain aggregate depersonalized data of a population census.

The users-respondents have the right to unlimited and free-of-charge access to the data of a population census concerning them personally.

When using data of a Population census the users are obliged to refer to its source.

The persons guilty of infringement of the requirements of this Law, bear responsibility envisaged by the laws of Ukraine.

The officials of central and local executive bodies, bodies of local self-governance, staff of other legal persons, their departments, branches, representative offices, etc involved in preparation and conduct of a population census, processing, aggregation, distribution and use of its results, bear responsibility according to the laws of Ukraine.

Primary (personal) and other data obtained during conduct of a population census, shall be classified as confidential information protected by the laws. The records in the census documentation concerning the respondent are not subject to dissemination without his consent and are used only for statistical purposes in aggregate depersonalized form.

The primary (personal) data of a population census cannot be demanded by courts of justice, prosecutors’ offices or other bodies for study and use as a proof in civil and criminal cases.

The filled census sheets and other census documentation containing the primary (personal) data, are subject to an archival storage in premises inaccessible to unauthorized persons, for at least two years, and primary (personal) data in the form of electronic documents - for at least ten years. Upon expiration of the specified terms the specified census documents are subject to destruction according to the established procedure.

The specially authorized central executive body in the area of statistics and its territorial bodies ensure dissemination of the main results of a population census on paper, magnetic and other carriers or in an electronic form according to the programme of development of materials of a population census.

The procedure and the conditions of access of the users to the data of a population census are determined by the Law of Ukraine “On state statistics”.

The Cabinet of Ministers of Ukraine determines the list of the users, to which the specially authorized central executive body in the area of statistics and its territorial bodies provide with aggregate depersonalized data of a population census free-of-charge according to the Plan of state statistical observations and within the funds allocated to the above purposes by the State budget of Ukraine.

Provision to the users at their request of aggregate depersonalized data of a population census on a paid basis is carried out according to the procedure established by the legislation.

1. The present Law shall be effective from the date of its publication.

2. The Cabinet of Ministers of Ukraine shall:

submit proposals to the Parliament of Ukraine on revisions to be made in the laws of Ukraine in accordance with this Law;

ensure approval of legal acts in order to implement this Law;

revise its effective regulations in accordance with this Law;

ensure abolishment and revision by ministries and other central and local executive authorities of their regulations contradicting to this Law.

President of Ukraine #9; #9; #9; #9; L. KUCHMA

Kyiv

19 October 2000

No. 2058-III