Публікація

Statute Civil Society Union Ukrainian Helsinki Human Rights Union (as amended in 2013)

  1. General Provisions.

1.1.  This Statute has been elaborated pursuant to the Law of Ukraine “On Civil Associations” and other applicable Ukrainian laws and identifies the legal principles of organization and activities of the Civil Society Union “Ukrainian Helsinki Human Rights Union” (hereinafter referred to as the Union).

1.2. The Union is a non-governmental, non-profit, non-partisan Civil Society Union of civil associations and legal entities of private law. The Union has an all-Ukrainian status.

1.3. The Union works on the basis of the principles of self-government, democracy, openness, transparency and publicity, equality of its members and founders in accordance with the applicable legislation.

1.4. The Union is a legal entity. The Union has its separate property, can acquire on its own behalf the property and non-property rights and bear responsibilities, act as a claimant and as a respondent in court. The Union has a right to open current and other accounts both in national and foreign currency in banking institutions, it has a seal, stamps, and a letterhead approved by the Management Board, and its symbols are registered as provided for by law.

1.5. Full name of the Union in Ukrainian: громадська спілка «Українська Гельсінська спілка з прав людини»;

1.6. Full name of the Union in English: Civil Society Union “Ukrainian Helsinki Human Rights Union”

1.7. Abbreviated name of the Union in Ukrainian: Українська Гельсінська спілка з прав людини (УГСПЛ);

1.8. Abbreviated name of the Union in English: Ukrainian Helsinki Human Rights Union (UHHRU).

 

  1. Goal, Tasks and Rights of the Union

2.1. The goal of creation and activities of the Union is implementation and protection of human rights and fundamental freedoms by means of facilitating practical implementation of humanitarian articles of the 1975 Final Act of the Helsinki Conference on Security and Cooperation in Europe (OSCE) as well as all other commitments of Ukraine in the area of human rights and fundamental freedoms.

2.2. To achieve its statutory objectives, the Union in accordance with the applicable Ukrainian legislation carries out the following tasks:

2.2.  advocacy of human rights and international standards of human rights and fundamental freedoms, awareness raising and education;

2.2.2. legal assistance and legal protection of victims of human rights violations;

2.2.3. support of the process of establishment and development of the Ukrainian human rights movement;

2.2.4. collection of information about the instances of violation of human rights and fundamental freedoms as well as a legal situation in Ukraine in terms of its compliance with the letter and intent of international obligations in the sphere of human rights and fundamental freedoms;

2.2.5. support in communication of information about the status of human rights and fundamental freedoms in Ukraine to its members, Ukrainian governmental and non-governmental organizations as well as wider public;

2.2.6. analysis of election legislation and the practice of conducting elections and referenda;

2.2.7. assistance in conducting elections and referenda in accordance with election laws and international standards;

2.2.8. search for and application of the forms of efficient public involvement in the law-making process on the issues related to protection of human rights and fundamental freedoms, provision of the maximum support to the legislative and executive bodies, and to local self-government bodies in creating guarantees for human rights and fundamental freedoms.

2.3. To achieve the goal and perform its statutory tasks the Union pursuant to the procedure established by the applicable legislation has a right to:

2.3.1. organize representation, represent and protect the rights and interests of individuals in courts, other state authorities and local self-government bodies as provided for by law, and provide other types of legal assistance;

2.3.2. organize conferences, festivals, seminars, congresses, round tables, press conferences, forums, meetings, public hearings, training (educational) courses, schools, lectures, symposiums, conventions, and other public events;

2.3.3. freely circulate in any legal form the information about its work and the subject of its activities;

2.3.4. submit pursuant to the procedure established by law the proposals (comments), statements (petitions), and complaints to the state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, their officers and officials;

2.3.5. receive pursuant to the procedure provided for by law public information owned by governmental entities and other managers of public information;

2.3.6. take part pursuant to the procedure provided for by law in drafting normative legal acts to be adopted by the state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies that are related to the sphere of activities of the Civil Society Union and important issues of the public and social life;

2.3.7. take part pursuant to the procedure provided for by law in work of advisory, consultative and other support bodies created by the state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies for consultations with civil organizations and reparation of recommendations related to the sphere of their activities;

2.3.8. organize peaceful assembly;

2.3.9. observe during the elections and referenda, including registration of its representatives as official observers;

2.3.10. found mass media outlets and information agencies;

2.3.11. carry out publishing activities in accordance with the Ukrainian legislation;

2.3.12. prepare, publish or circulate information materials and published products;

2.3.13. present initiatives on various aspects of social life;

2.3.14.  maintain direct international contacts and establish cooperation with foreign and international organizations;

2.3.15. carry out entrepreneurial activities directly or through legal entities (companies, enterprises)  created as provided for by law;

2.3.16. act as a participant of civil relations, acquire property and non-property rights;

2.3.17. participate in implementation of the state regulatory policy in accordance with the Law of Ukraine on Fundamental Principles of State Regulatory Policy in the Sphere of Economic Activities;

2.3.18. send the Union representatives to study, participation in exchanges and establishment of cooperation and implementation of joint projects or for other purposes for performance of the Union’s tasks;

2.3.19. carry out public research on respect for human rights and fundamental freedoms, conduct public analysis of draft laws and other normative legal acts;

2.3.20. organize public investigation of violations of human rights and fundamental freedoms;

2.3.21. provide ideological, organizational and material support to non-profit and non-partisan organizations and institutions, assist in their establishment;

2.3.22. carry out foreign economic activities in accordance with the Ukrainian legislation.

2.4. The Union has to publish annual reports on its activities.

2.5. The Union does not support in any form any political party or bloc, any faction or group in the Ukrainian parliament or a local self-government body, any candidate for the President of Ukraine. The phrase “does not support” in this article should be understood in the widest meaning, in particular, it includes among other things all public events or actions in the form of written or oral statements or announcements, preparation of joint documents, provision of a signature of support, etc.

 

  1. Union Members, Their Rights and Responsibilities

3.1. Union members may be civil associations, including those legalized by means of notifications, and non-profit legal entities of private law.

3.2. The Union member may be an organization that:

constantly during a year cooperates with minimum three members of the Union on the basis of partnership agreements;

has a good reputation;

during minimum two last years published reports on its activities.

3.3. Admission of Union Members

3.3.1. An organization that intends to join the Union is to submit to its Management Board:

– a written statement of its intention to join the Union;

– an excerpt from the decision of its higher management body on submitting a request for joining the Union;

– information about its activities and cooperation with the Union members (copies of agreements signed with the Union members, reports on the implemented projects, recommendations of three members of the Union that cooperated with the organization, etc.).

3.3.2. Submission of a request for admission to the Union means agreement with the provisions of this Statute and other documents of the Union as well as an agreement to undertake the responsibilities of a Union member as provided for by this Statute.

3.3.3. If the organization meets the requirements of Articles 3.1 and 3.2 of this Statute, the Management Board of the Union presents the request for admission to the Union for consideration at the next General Meeting.

3.3.4. If the organization failed to provide the necessary documents, or if such organization by its legal nature cannot be a member of the Union, the Management Board refuses to present the request for consideration to the General Meeting and notifies the respective organization thereon. This decision of the Management Board does not deprive such organization from the right to repeat submission of the request for admission to the Union.

3.3.5. A decision on admission of organization to the Union is made by the General Meeting. If the organization failed to receive the necessary number of votes its application is deemed rejected.

3.4. The Union member has a right to:

3.4.1. take part in the General Meeting;

3.4.2. submit proposals to the management bodies concerning activities of the Unions that are mandatory for consideration;

3.4.3. receive information related to the Union activities in accordance with the Statute;

3.4.4. cease its membership in the Union;

3.4.5. have access to the decision of the management bodies of the Union;

3.4.6. participate in discussion of draft decisions of the Union;

3.4.7. elect and nominate its representative to the management bodies of the Union.

3.5. The Union member has to:

3.5.1. respect the requirements of this Statute;

3.5.2.take part in activities of the Union;

3.5.3. avoid actions that entail material losses or harm the Union’s business reputation;

3.5.4. facilitate performance of the Union’s tasks;

3.5.5. adhere to the Declaration of Ethical Fundamentals, Principles, Policies, Activity Standards, and Decisions approved by the management bodies of the Union;

3.5.6. maintain confidentiality of the information about the Union and/or its members;

3.5.7. submit to the Management Board the data about the organization, including inter alia copies of the constituent documents, contact addresses of the organization and its authorized representative, information about the experience of work, current projects, etc.

3.6. Exclusion is done by the General Meeting upon request of the Management Board only in the following cases:

3.6.1. if the Union member commits actions running contrary to the statutory tasks of the Union and entailing a significant harm to the reputation of the Union or its member;

3.6.2. if the Union member does not participate in the Union’s activities, does not fulfill the responsibilities of the Union member and terminated all agreement on joint activities with other members of the Union;

3.6.3. if the Union member does not adhere to the Declaration of Ethical Fundamentals, Principles, Policies, Activity Standards, and Decisions approved by the management bodies of the Union.

3.7. A decision on exclusion of an organization from the Union is made by the General Meeting. When an issue is discussed on exclusion from the Union, the respective Union member does not participate in the voting.

3.8. An organization can terminate its membership in the Union at any time by submitting a respective request.

3.9. An organization is considered to be excluded from the Union:

3.9.1. from the moment of submission of a request and an excerpt from the decision of the higher statutory body of the Union member on termination of membership in the Union; other Union members should be immediately notified on such request;

3.9.2. from the moment of adoption of a decision by the General Meeting on termination of membership in the Union.

3.10. The Union member may not act on behalf of the Union in legally significant matters without being adequately authorized to do so in an appropriate written form.

3.11. An authorized representative acts on behalf of the Union member on the grounds of the Statute or the Power of Attorney issued in accordance with the procedure provided for by law.

 

  1. UHHRU Structure and Management

4.1. The management bodies of the Union are:   

4.1.1. General Meeting;

4.1.2. Management Board;

4.1.3. Chair of the Management Board;

4.1.4. Audit Commission;

4.1.5. Executive Director;

4.1.6. Supervisory Council.

4.2. General Meeting

4.2.1. The General Meeting is a higher management body of the Union.

4.2.2. The General Meeting can be attended by representatives of all Union members. One Union member has one vote.

4.2.3. The procedure of work of the General Meeting is as follows:

4.2.3.1. The General Meeting is convened by the Chair of the Management Board minimum once in every two years.

4.2.3.2. Special General Meeting is convened by the Chair of the Management Board upon his/her own initiative, upon a decision of the Management Board, upon a request of the Audit Commission or upon a request of minimum 1/3 of the Union members.

4.2.3.3. In the event when the Chair of the Management Board fails to convene the General Meeting within 30 days after the receipt of a written request of minimum 1/3 of the Union members, the Union members who submitted the respective request set up a steering committee for organization of the Special General Meeting that with regard to convening and conducting the General Meeting has powers and authorities of the Chair of the Management Board and of the Management Board.

4.2.3.4. The agenda of the General Meeting is approved by the Management Board and communicated by the Chair of the Management Board together with the time and venue of the General Meeting in a written form to all Union members not later than 10 (ten) days before the day of the General Meeting.

4.2.3.5. Any Union member has a right to demand inclusion of any issue in the agenda not later than three days before the date of the General Meeting.

4.2.4. The General Meeting is considered legitimate if it is attended by minimum 60% of the Union members.

4.2.5. The terms of reference of the General Meeting include:

4.2.5.1. introducing amendments and additions to the Statute;

4.2.5.2. admission and exclusion of the Union members;

4.2.5.3. election and recall of members of the Management Board, Chair of the Management Board, members of the Supervisory Council, and the Audit Commission;

4.2.5.4. approval of internal normative documents of the Union, adoption of which is beyond the terms of reference of the Management Board, Chair of the Management Board or the Executive Director;

4.2.5.5. cancellation or amendment of decisions of the Management Board;

4.2.5.6. approval of long-term strategic plans and plans of activities of the Union for the following two years;

4.2.5.7. approval of financial and narrative reports on the Union’s activities during the previous period;

4.2.5.8. discussion and approval of the report of the Union’s Audit Commission;

4.2.5.9. approval of a financial plan of the Union for the following two years;

4.2.5.10. control of implementation of the strategic plan of activities of the Union;

4.2.5.11. decision making on complaints against action and inaction of the Union’s management bodies;

4.2.5.12. decision making on terminating activities of the Union;

4.2.5.13. any other issues related to the Union’s activities, including the issues falling within the terms of reference of other units of the Union if the General Meeting makes a respective decision.

4.2.6. All decisions of the General Meeting are approved by an open vote and considered to be adopted if voted for by minimum 2/3 of all Union members present at the meeting except for the cases provided for in this Statute.

4.2.7. Keeping of minutes of the General Meeting of the Union and their storage are organized by the Executive Director of the Union. The minutes should be provided for reading upon request of any member of the Union. Any Union member has a right to present its comments concerning accuracy of the meeting record in the minutes and to demand introduction of amendments or additions to the minutes. The procedure of decision making on introduction of amendments or additions to the minutes is approved by the General Meeting.

4.3. Management Board

4.3.1. The Management Board is a management body of the Union during the period between the General Meetings. The Management Board organizes implementation of decisions of the General Meetings and exercises current management of the Union’s activities. The Management Board is responsible for strategic development of the Union and strategic management of the Union as well as for risk management.

4.3.2. The numeric and personal composition of the Management Board of the Union is determined by the General Meeting. A member of the Management Board is elected for two years and may not hold this position for more than two terms in a row.

4.3.3. The procedure of work of the Management Board is as follows:

4.3.3.1. regular meetings of the Management Board are convened by the Chair of the Management Board not less than once every six months, and special meetings – at any time by the Chair of the Management Board or any member of the Management Board;

4.3.3.2. The agenda for a meeting of the Management Board is prepared by the Chair of the Management Board or by the member of the Management Board who convened the Management Board meeting on the basis of proposals received from other members of the Management Board and the Executive Director;

4.3.3.3. The Chair or a member of the Management Board who convened the Management Board meeting notifies in a written form members of the Management Board, and the Executive Director on the time and venue of the meeting as well as on the agenda of the Management Board meeting not less than 5 (five) days before the date of the Management Board meeting.

4.3.3.4. The Management Board discusses and makes decisions on all issues, discussion or decision making on which is requested by any member of the Management Board regardless of whether they were included in the agenda or not.

4.3.4. A meeting of the Management Board is legitimate if it is attended by minimum one half of the Management Board members.

4.3.5. The terms of reference of the Management Board include:

4.3.5.1. development of the strategy of the Union’s activities;

4.3.5.2. approval of narrative and financial reports;

4.3.5.3. approval of the Union’s financial plan for the following year;

4.3.5.4. oversight of the current activities of the Union;

4.3.5.5. discussion and approval of new programs and projects of the Union;

4.3.5.6. discussion, reconciliation and presentation for approval by the General Meeting of a financial plan of the Union for the following two years;

4.3.5.7. discussion, reconciliation and presentation for approval by the General Meeting of narrative and financial reports on activities of the Union for the previous period;

4.3.5.8. approval of the rules of procedure, policies, procedures and other normative documents regarding:

– tasks of the Union Secretariat;

– fundamental principles of financial procedures and financial reports of the Union;

– job description of the Executive Director;

– duties of the Union members;

4.3.5.9. preparation for the General Meeting, identification of the General Meeting agenda, time and place of the meeting;

4.3.5.10. ensuring implementation of strategic and current plans of activities of the Union;

4.3.5.11. approval of the Union’s emblems, other attributes and symbols of the Union;

4.3.5.12. appointment and dismissal of the Executive Director;

4.3.5.13. decision making on founding mass media outlets;

4.3.5.14. decision making on creating legal entities or participating in legal entities;

4.3.5.15. decision making on creating separate units or representative offices of the Union;

4.3.5.16. approval of the Union’s staff schedule;

4.3.5.17. decision making on all other issues related to the Union’s activities that do not fall within the terms of reference of the General Meeting;

4.3.6. Decisions of the Management Board are made by a simple majority open vote of the present members. A decision on appointment of the Executive Director is to be made unanimously by two thirds of votes.

4.3.7. Keeping of minutes of the Management Board meetings and their storage are organized by the Executive Director.  The minutes should be provided for reading upon request of any member of the Union.

4.3.8. The Management Board can make a decision by voting with the help of means of communication. The procedure for decision making by means of electronic voting or using other means of communication as well as a list of decisions that may not be made outside the Management Board meetings are set forth in the Rules of Procedure of the Management Board.

4.4. Chair of the Management Board

4.4.1. The position of the Chair of the Management Board is held by a person elected by the General Meeting from among members of the Management Board for two years. The Chair of the Management Board may be dismissed from his/her position before expiration of this term by a decision of the General Meeting or on his/her own will. The Chair of the Management Board may not hold this position for more than two terms in a row.

4.4.2. The terms of reference of the Chair of the Management Board include:

4.4.2.1. organization of work of the Management Board;

4.4.2.2. submission to the Management Board of a candidate for the Executive Director for appointment and dismissal;

4.4.2.3. convening of meetings of the Management Board and preparation of the agenda for the Management Board meetings;

4.4.2.4. signing of documents approved by decisions of the Management Board;

4.4.2.5. other powers and authorities provided for in this Statute.

4.5. Executive Director

4.5.1. The Executive Director is appointed by the Management Board for an indefinite term upon nomination of the Chair of the Management Board. The Executive Director may not be a member of the Management Board. The powers and authorities of the Executive Director are terminated by a decision of the Management Board or on his/her own will.

4.5.2. The terms of reference of the Executive Director include:

4.5.2.1. current management of the Union’s activities during the period between the Management Board meetings, organization of implementation of decisions of the Management Board;

4.5.2.2. representation of the Union in relations with the state authorities and governmental bodies, with enterprises, institutions and organizations, other legal entities and individuals;

4.5.2.3. signing on behalf of the Union without a power of attorney of all contracts and agreements whereby the Executive Director has a right to enter in transactions on behalf of the Union, the value of which does not exceed the amount equivalent to 50 000 (fifty thousand) Euro only upon consent of the Management Board;

4.5.2.4. signing and termination of labor agreements with employees of the Union Secretariat;

4.5.2.5. approval of sample seals and stamps;

4.5.2.6. signing of other documents on behalf of the Union, including payment orders, accounting reports and other financial documents.

4.5.3. The Executive Director reports on the Union’s activities minimum once every six months to the management Board, and minimum once every two years – to the General Meeting.

4.5.4. The Executive Director acts exclusively within the scope of the powers and authorities granted by this Statute, decisions of the Management Board and the General Meeting of the Union.

4.5.5. The Executive Director manages activities of the Union Secretariat whose tasks are identified by the Management Board decision.

4.6. Supervisory Council

4.6.1. The Supervisory Council consists of well-known public figures. The numeric and personal composition of the Supervisory Council is approved by the General Meeting.

4.6.2. Members of the Supervisory Council are elected for four years.

4.6.3. The Supervisory Council is a consultative and advisory body of the Union.

4.6.4. The Supervisory Council:

4.6.4.1 facilitates activities of the Unions by assisting it in preparation of a development strategy, establishment of contact with organizations and persons that may be useful for development of the Union’s activities;

4.6.4.2. exercises control of the essential activities of the Union;

4.6.4.3. presents recommendations concerning activities and development of the Union for consideration of the General Meeting and the Management Board;

4.6.4.4. assesses the narrative part of the Union’s public report;

4.6.4.5. takes part in discussing strategic plans of the Union.

4.6.5. To exercise its functions, the Supervisory Council or any of its members has a right to:

4.6.5.1. request from the Union’s officials provision of all necessary materials;

4.6.5.2. demand an immediate meeting with the Chair of the Management Board or the Executive Director to discuss issues related to the Union’s activities;

4.6.5.3. request from the Audit Commission an immediate audit of financial and commercial activities of the Union;

4.6.6. Recommendations and comments of the Supervisory Council are mandatory for consideration by all bodies and officers of the Union within the shortest possible period.

4.6.7. The procedure of work of the Supervisory Council is determined in the Regulations on the Supervisory Council approved by the Management Board.

4.7. Audit Commission

4.7.1. Control of financial and commercial activities of the Union is exercised by the Audit Commission consisting of three persons elected by the General Meeting for two years with a right to be re-elected for not more than one more term.

4.7.2. Functions of the Audit Commission include examination of the financial part of the report and balance sheet of the Union as well as other issues related to the control of financial and commercial activities of the Union.

4.7.3. The Audit Commission:

4.7.3.1. exercises control of financial and commercial activities of the Union, namely the proper use of resources in accordance with grant agreements and/or decisions of the Union’s management bodies and implementation of external and internal audit recommendations;

4.7.3.2. requests from the Union officers provision of all necessary materials, accounting and other documents;

4.7.3.3. reports on the audit results to the General Meeting;

4.7.3.4. if abuses by the Union officers or a threat to the essential interests of the Union were discovered, has a right to demand convening of the Special General Meeting;

4.7.4. The Audit Commission reports on its activities to the General Meeting.

4.7.5. A member of the Audit Commission may not be a member of the Management Board or the Executive Director. Members of the Audit Commission may not be in employer-employee relations with the Union.

4.7.6. Members of the Audit Commission perform their duties on a pro bono basis.

 

  1. Procedure for Communication between Union Members and Management Bodies

 

5.1. Information about the decisions of the management bodies of the Union are sent to the Union members in a written form or through electronic mailing lists.

5.2. Requests to the management bodies of the Union are submitted in a written form or through electronic mailing lists.

5.3. The list and addresses of electronic mailing lists and the procedure for their use are regulated by the provisions approved by the Management Board.

 

  1. Separate Unit of the Union

6.1. A separate unit is created on the basis of the administrative territorial division and has a name referring to such division.

6.2. A separate unit of the Union is headed by the Unit Head appointed by the Board of the Union.

6.3. The powers and authorities of the separate unit of the Union include:

6.3.1. representation of the Union’s interests in the respective region of Ukraine;

6.3.2. promotion of the Union’s activities in the respective region of Ukraine;

6.3.3. submission to the Union’s central secretariat of candidacies for the Union members;

6.3.4. exercise of powers and authorities in accordance with the decisions of the management bodies of the Union;

6.4. The separate unit acts on the grounds of the provisions approved by the General Meeting of the Union. The provisions should not run contrary to the Union’s Statute;

6.5. The separate unit of the Union legalizes its activities as provided for in the Law of Ukraine “On Civil Associations”. The separate unit is not a legal entity.

 

  1. Appeals against Decisions of Management Bodies of the Union

7.1. Appeals against decisions or actions of the Executive Director

7.1.1. A member of the Union may appeal against actions or decisions of the Executive Director to the Chair of the Management Board. The respective complaint is submitted by an authorized person of the Union member.

7.1.2. The Chair of the Management Board has to examine the complaint within 20 days from the moment of its receipt. For examination of the complaint, the Chair of the Management Board has to receive written explanations from the Executive Director; he/she can also receive explanations from the person who submitted the complaint and other persons, and receive the documents related to the essence of the complaint.

7.1.3. Based on the results of examination of the complaint, the Chair of the Management Board makes a decision within the scope of his/her terms of reference, on which the person who submitted the complaint is notified.

7.1.4. If the Chair of the Board concludes that a decision that should be made goes beyond his/her terms of reference, the complaint and all materials related to it are forwarded to the Management Board for consideration, on which fact the person who submitted the complaint is notified.

7.1.5. The Management Board at its next meeting has to examine the complaint and make a decision, on which the person who submitted the complaint is notified.

7.2. Appeals against decisions or actions of the Chair of the Management Board

7.2.1. A member of the Union may appeal against actions or decisions of the Chair of the Management Board to the Management Board.

7.2.2. One of the members of the Management Board is commissioned to prepare the complaint for examination who has to receive written explanations from the Chair of the Management Board; he/she may also receive explanations from the person who submitted the complaint and other persons, and receive the documents related to the essence of the complaint.

7.2.3. The Management Board at its next meeting has to examine the complaint and make a decision, on which the person who submitted the complaint is notified.

7.2.4. If the Management Board concludes that a decision that has to be made goes beyond the scope of its terms of reference, it forwards the complaint together with all related materials to the General Meeting for consideration, on which fact the person who submitted the complaint is notified.

7.2.5. The General Meeting at the next meeting has to examine the complaint and make a decision, on which the person who submitted the complaint is notified.

7.3. Appeals against decisions or actions of the Management Board

7.3.1. A member of the Union may appeal against actions or decisions of the Management Board to the Supervisory Council. One of the members of the Management Board is commissioned to prepare the complaint for examination who has to receive written explanations from the Chair of the Management Board; he/she may also receive explanations from other members of the Management Boards, from the person who submitted the complaint and other persons, and receive the documents related to the essence of the complaint.

7.3.2. The Supervisory Council has to examine the complaint at its next meeting and make a decision, on which the person who submitted the complaint is notified. If the Supervisory Council concludes that a decision that has to be made goes beyond the scope of its terms of reference, it forwards the complaint together with all related materials for consideration to the General Meeting, on which fact the person who submitted the complaint is notified.

7.4. Appeals to the Audit Commission

7.4.1. A member of the Union may appeal against any decision or action of the Executive Director, Chair of the Management Board or the Management Board related to financial aspects of the Union’s activities to the Audit Commission. The Audit Commission has to examine the complaint within 20 days from the moment of its receipt. For examination of the complaint, the Chair of the Audit Commission has to receive written explanations from the Executive Director or the Chair of the Management Board; he/she can also receive explanations from the person who submitted the complaint and other persons, and receive the documents related to the essence of the complaint.

7.4.2. Based on the results of examination of the complaint, the Audit Commission makes a decision within the scope of its terms of reference, on which the person who submitted the complaint is notified.

 

  1. Property, Property Rights and Responsibilities of the Union

8.1. Pursuant to the procedure provided for by law, the Union can acquire property rights to individual items, including real estate. The Union’s property is the totality of items that it has the right to use, own or dispose of as well as property rights and responsibilities.

8.2. The Union members have no property right to individual items belonging to the Union’s property. The Union members may use the Union property on the basis of the signed agreements.

8.3. The Union can have any property, property and non-property rights that are subject to the property law pursuant to the Ukrainian legislation.

8.4. Sources of the Union’s property are:

8.4.1. charity donations;

8.4.2. non-repayable financial and other assistance;

8.4.3. income;

8.4.4.  other sources not prohibited by the applicable legislation.

8.5. The Union may not receive financing in any form from political parties, political blocs, leaders of political parties and political blocs.

8.6. The Union is responsible for its undertakings in accordance with the agreements it signed with all property that it owns and that may be foreclosed as provided for in the applicable legislation.

8.7. The Union is not responsible for undertakings of its members, and the Union members are not responsible for undertakings of the Union or one another if otherwise is not provided for in their Statutes (Regulations) or agreements signed between them.

8.8. The Union in its internal normative acts can introduce additional – as compared to the applicable legislation – labor, social and welfare benefits for its employees or certain categories thereof.

8.9. The received profit may be used only for the purposes provided for in this Statute.

 

  1. Amending the Union Statute

9.1. This Statute may be amended only by the General Meeting.

 

  1. Termination of Union Activities

10.1. The Union is created for an indefinite period.

10.2. Activities of the Union are terminated by means of reorganization (merger, takeover, transformation) or liquidation.

10.3. In the event of reorganization, all rights and responsibilities of the Union are transferred to its legal successors.

10.4. The Union is reorganized by a decision of the General Meeting.

10.5. The Union is liquidated on the grounds of:

10.5.1. a unanimous decision of the General Meeting;

10.5.2. a court decision;

10.5.3. on other grounds provided for in legislative acts of Ukraine.

10.6. The Union is liquidated by a liquidation commission created by the body that made a decision on liquidation.

10.7. The Union’s property is evaluated on the basis of prices effective as of the moment of liquidation of the Union taking into consideration its amortization.

10.8. In the event of liquidation of the Union, its assets are to be transferred to another non-profit civil society organization or to the budget. The property may not be divided among the founders, members and officers of the Union.
11. Final Provisions
11.1. A decision on introduction of amendments and additions to this Statute is to be made by two thirds of the votes of all members of the Union.
11.1. The right to interpret, explain and clarify this Statute may be exercised by the Management Board. The Management Board makes a decision on interpretation, explanation and clarification of the Statute. The decision is considered to be adopted if it was supported by 2/3 of all members of the Management Board.

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