Statute

APPROVED
IN EXTRAORDINARY CONFERENCE
PUBLIC ORGANIZATION
UKRAINIAN ASSOCIATION OF GEOLOGISTS
REPORT NO. 01-11/2017
DATED November 15, 2017

 

S T A T U T E
Public Organization
Ukrainian Association of Geologists
(new edition)
IDENTIFICATION CODE 21715890

 

Kyiv city – 2017

 

1. GENERAL PROVISIONS

1.1. PUBLIC ORGANIZATION ‘Ukrainian Association of Geologists’ (hereinafter referred to as the Organization) was founded via rename of the ALL-UKRAINIAN PUBLIC ORGANIZATION ‘Ukrainian Association of Geologists’ (identification code of the legal entity: 21715890; the date of the state registration: 05/10/2000; the record number about State Registration: 1 071 120 0000 004789; record date: 01/31/2006) and is a voluntary, independent, transparent, open, public and self-governing all-Ukrainian public organization that unites its members (participants) on the basis of their common interests for the implementation and protection of rights and freedoms, satisfaction of public, in particular economic, social, cultural, environmental, and other interests.

1.2. The Organization carries out its activities on the principles of legitimacy and publicity according to the Constitution of Ukraine, the Law of Ukraine ‘On Public Associations’, other current legislation of Ukraine and international law relating to the scope of its activities, the Statute and internal documents of the Organization.

1.3. The Organization is established for an indefinite period.

1.4. The Organization’s activity extends to the entire country of Ukraine.

1.5. The Organization is established and operates on the principles of:

• Voluntary participation/involvement;
• Self-regulation;
• Free choice of the activity territory;
• Equality before the law;
• Lack of property interest of its members (participants);
• Transparency, openness and publicity.

1.6. The Organization has the right to realize its goal(s) by concluding agreements on cooperation and/or mutual assistance between other public associations on a voluntary basis, forming public associations in accordance with the current legislation of Ukraine. The Organization may cooperate with foreign NGOs and international governmental organizations in compliance with the legislation of Ukraine and international treaties of Ukraine, the consent of which is granted by the Verkhovna Rada of Ukraine.

1.7. The Organization interacts with state bodies, local self-government authorities and individual citizens who have the goal of solving common problems with the organization.

1.8. The Organization performs its activities with the status of a legal entity, arising from the moment of state registration in accordance with the current legislation, has an independent balance sheet, accounts in banks, a round seal and stamps with its name, emblem, logo and other attributes, samples of which are approved by the Board of the Organization. Symbols are registered in accordance with the procedure established by the current legislation. The Organization has forms with its name and other means of audio-visual identification. The Organization is a non-entrepreneurial society, the main purpose of which is not to make a profit.

1.9. The state, its bodies and organizations are not liable for the liabilities of the Organization.

1.10. The Organization has no right to interfere in the financial and economic activity of its members (participants).

1.11. Name of the Organization: Full name in Ukrainian – PUBLIC ORGANIZATION ‘UKRAINIAN ASSOCIATION OF GEOLOGISTS’. Abbreviated name in Ukrainian language – PO ‘Ukrainian Association of Geologists’. English version – UKRAINIAN ASSOCIATION OF GEOLOGISTS.

1.12. Legal address of the Organization (location): 04080, Kyiv city, Kyrylivska Street, 26/2.

2. OBJECTIVE(S) AND THE ACTIVITIES OF THE ORGANIZATION

2.1. The purpose of the Organization is as follows:

• To unite specialists and scientists, teachers and students of higher and secondary educational institutions of geological profile, as well as specialists of other industries, whose professional and creative interests are associated with geological study and use of mineral resources to promote the development and rise of prestige;
• To promote the economic and social importance of geological prospecting and exploration and geological science as a basis for increasing the mineral resource base of Ukraine;
• To improve the legislative support of exploration production and geological-prospecting and the geological environment protection;
• To preserve the achievements and traditions of the national geological school;
• To assist the entrance of the Ukrainian specialists into the world market of geological prospecting and exploration works and services and
• To protect the rights and interests of members of the Organization in Ukraine and abroad.

2.2. To achieve its goal, the Organization carries out the following activities:

• Providing legal and social protection, representing legally protected interests, protecting civil, social, copyright and related rights of the members of the Organization;
• Developing proposals for the legislative support of geological prospecting and state policy in the field of natural resources management and submitting them for the public authorities consideration;
• Developing socially oriented programs and involvement in their implementation of state and local authorities, organizations and enterprises of all forms of ownership;
• Introducing and promoting new technologies in the processes of prospecting, exploration and extraction of minerals in order to optimize them;
• Comprehensively promoting geological science and practice development, the study and use of mineral resources, the multiplication of mineral resources, their protection and reproduction based on the achievements of science and technology and the development of the national geological school;
• Using independent public scientific and technical and economic expertise in the execution of draft laws and programs on the mineral resources management, the use and protection of mineral resources, research programs, exploitation and inventions;
• Enhancing the professional consolidation of scientists and specialists working in the field of geology and related industries, increasing the prestige of professions connected with geological study and the mineral resources usage and the geological environment protection and
• Facilitating international cooperation in the field of geology, development of relations with the scientific and engineering community of foreign countries, integration of Ukrainian geologists in the world professional and scientific community and participation in international geological associations, scientific forums and conferences.

2.3. The Organization has the following rights determined by the current legislation of Ukraine regarding the performance of the authorized activities:

• To spread freely the information about its activity, promote its purpose (goals);
• To address, in the order determined by the law, the public authorities, authorities of the Autonomous Republic of Crimea, local governments, their officials and officials with offers (remarks), statements (petitions) and complaints;
• To receive, in accordance with the procedure established by law, public information in the possession of the subjects of power and other managers of public information;
• To take part in the procedure determined by the legislation in the development of draft regulatory legal acts issued by public authorities, authorities of the Autonomous Republic of Crimea, local authorities and related to the scope of activities of the association and important issues of state and public life;
• To hold peaceful meetings;
• To be a participant to civil law relations and to acquire property and non-property rights in accordance with the law;
• To carry out, in accordance with the law, entrepreneurial activity directly, if it is provided by the Statute of the Organization, or through legal entities (companies, enterprises) created in the manner prescribed by the law, if such activity corresponds to the purpose (goals) of the Organization and contributes to its achievement;
• To establish mass media for the purpose of achieving its statutory objective(s);
• To participate in the implementation of the state regulatory policy in accordance with the Law of Ukraine ‘On the Basis of the State Regulatory Policy in the Sphere of Economic Activity’;
• To take part in the work of advisory, consultative and other subsidiary bodies established by the state authorities, the authorities of the Autonomous Republic of Crimea and local self-government bodies in order to hold consultations with public associations and prepare recommendations on issues related to the scope of their activities in accordance with the procedure established by the legislation;
• To represent and protect its own and its members’ (participants) legitimate interests in state and public bodies;
• To be a participant to civil law relations and to acquire property and non-property rights in accordance with the law;
• To create separate divisions;
• To possess, use and dispose the funds and other property, which according to the law is transferred to the Organization by its members (participants) or the state, acquired as membership fees, donated by citizens, enterprises, institutions and organizations, acquired as a result of entrepreneurial activity, created by the organization of legal entities (partnerships, enterprises), as well as property acquired at the expense of own funds, temporarily provided for use (except for the order) or on other grounds not prohibited by the law;
• To financially support, at the expense of the State budget of Ukraine, local budgets in accordance with the law;
• To provide, in accordance with the laws of Ukraine, financial assistance and support to members (participants) of the Ukrainian Association of Geologists and
• To exercise other rights not prohibited by law.

2.4. The Organization is liable for the performance of the authorized activities in the order determined by the current legislation of Ukraine:

• To maintain accounting, financial and statistical reporting, to be registered with the State Tax Service and to pay mandatory payments to the budget in accordance with the law.

2.5. The Organization carries out its work independently, establishes public contacts with commercial structures, foreign firms and intergovernmental and international organizations. The Organization carries out other work, meeting its goals, objectives and activities hereunder and does not contradict the current legislation of Ukraine.

3. LEGAL STATUS

3.1. The Organization performs its activities with the status of a legal entity arising from the moment of state registration in accordance with the current legislation.

3.2. The Organization, according to the current legislation, is a non-entrepreneurial company, the main purpose of which is not to make a profit for its next distribution among members (participants), has an independent balance sheet, accounts in banks, a round seal and stamps with its name, emblem, logo and other attributes, samples of which are approved by the Board of the Organization. Symbols are registered in accordance with the procedure established by the current legislation. The Organization has forms with its name and other means of audio-visual identification.

3.3. The Organization, in accordance with the current legislation on the legal form, is a public organization.

3.4. The Organization has an all-Ukrainian status.

3.5. The Organization has the right to conclude contracts on its own behalf, to acquire property and personal non-property rights and to bear obligations and to be a plaintiff and a defendant in the courts. The Organization shall be liable for its obligations with all property belonging to it.

3.6. In order to carry out the statutory activities and objectives, the Organization may execute the necessary business and other commercial activities, if this activity meets the purpose for which it has been created and contributes to its achievement.

4. THE PROCEDURE OF ACQUIRING AND TERMINATING MEMBERSHIP (PARTICIPATION) IN THE ORGANIZATION

4.1. Members (participants) of the Organization may be individuals who recognize the Statute of the Organization and pay the entrance and membership fees.

Members (participants) of the Organization may be citizens of Ukraine, foreigners and stateless persons legally residing in Ukraine who have reached the age of 18.

4.2. Relations between the members (participants) and the Organization, not provided for in this Statute, are governed by the relevant treaties and the current legislation of Ukraine.

4.3. Membership (participation) in the Organization can be simple and honourable.

4.4. By the decision of the President of the Organization, individual members (participants) of the Organization that have personally made a significant contribution to the development and activities of the Organization, to geological prospecting and exploration and geological science and to the state and society as a whole can be granted honorary membership and personal awards. Regulations on honorary membership (participation) and personal differences are approved by the Board of the Organization.

4.5. The decision on admission to membership (participants) of the Organization and withdrawal from its membership is made by the Board on the proposal of the relevant separate division of the Organization on the basis of the application.

4.6. Members (participants) of the Organization have the right to leave the Organization at any time on the basis of the relevant application submitted to the Board of the Organization not later than one month before the planned date.

4.7. Members (participants) of the Organization that do not comply with the requirements of the Statute and decisions of governing bodies may be excluded from the Organization by the board. The decision to exclude members (participants) of the Organization may be appealed in accordance with the current legislation of Ukraine.

5. THE RIGHTS AND OBLIGATIONS OF MEMBERS (PARTICIPANTS) OF THE ORGANIZATION

5.1. Members (participants) of the Organization have the following rights:

• To elect and be elected to the governing bodies of the Organization and to receive information about their work;
• To participate in determining the main activities of the working bodies of the Organization, as well as in all other activities carried out by the Organization;
• To participate in the formation of the governing bodies of the Organization;
• To receive organizational, advisory and methodological assistance;
• To receive informational publications of the Organization;
• To discuss any issues of the Organization and make suggestions for improving the work of the Organization;
• To use, in accordance with the established procedure, the property of the Organization and
• To withdraw from the members (participants) of the Organization.

5.2. Members (participants) of the Organization are obliged to do the following:

• To comply with the Statute of the Organization;
• To implement the decisions of the governing bodies of the Organization;
• To pay the entrance and membership fees and
• To take an active part in achieving the goal(s) and objectives of the Organization.

6. THE FORMATION AND ACTIVITIES OF THE MANAGEMENT BODIES OF THE ORGANIZATION

6.1. The Organization is managed and controlled by the following bodies:

1. The conference of the Organization (supreme management body);
2. The president of the Organization (a person who represents the interests of the members in the period between the conferences of the Organization and controls the activities of the executive bodies of the Organization);
3. The Board of the Organization (executive body);
4. The audit commission (the body that controls and verifies the financial and economic activities of the executive body of the Organization) and
5. The secretary’s department (subsidiary body in the exercise of the powers of the executive body).

ORGANIZATION CONFERENCE

6.2. The supreme management body of the Organization is the conference. The conference shall be assembled at least once every three (3) years. The decision to assemble the next conference is taken by the Board, and the extraordinary conference is assembled at the request of the president of the Organization, the chairman of the B, the audit commission of the Organization or at the request of at least 10% of the separate divisions of the Organization.

The Board announces, not later than one (1) month before the date of the conference, the conference assembling, the agenda and the rate of representation of separate divisions of the Organization.

6.3. The work of the supreme management body of the Organization is carried out by meeting or correspondence.

The full-time work of the supreme management body of the Organization provides a joint meeting of representatives (delegates) of separate divisions of the Organization in a certain place and on the appointed date for a face-to-face voting on the agenda of the conference, etc.

The correspondence work of the supreme management body of the Organization provides a meeting and decision-making on the agenda by means of a survey among representatives (delegates) of the separate divisions of the Organization.

6.4. The competence of the Organization’s conference:

• Determining the main activities of the Organization;
• Reviewing and approving the Organization’s long-term programs of activities;
• Approving the Statute of the Organization, the decision-making on amendments and additions to it;
• Approving the new version of the Statute;
• Approving the internal regulations of the Organization, amendments and additions to them, if it is not within the competence of other bodies of the Organization;
• Deciding on the formation of separate divisions of the Organization;
• Deciding on the termination of the separate divisions of the Organization;
• Deciding on the termination of the Organization;
• Appointing the Board with powers of the liquidation commission for carrying out the termination of the Organization;
• Creating a liquidation commission;
• Determining the use of means and property of the Organization after its liquidation according to the Statute;
• Determining the termination of activities of the Organization and its consolidation to another unions;
• Electing and terminating the powers of the president of the Organization;
• Electing and terminating the powers of the chairman and members of the Board;
• Electing and terminating the powers of the chairman and members of the audit commission of the Organization;
• Deciding to conduct a special audit of financial and economic activities of the Organization;
• Reviewing and approving reports of the management board, audit commission, liquidation commission and the acting on the results of such reports and
• Performing, in accordance with the requirements of this Statute, the internal regulations of the Organization and the current legislation of Ukraine.

The conference of the Organization can consider and make decisions on any issues of the Organization.

6.5. The conference, which is held in a full-time form, is competent if it is attended by at least 2/3 of the elected delegates (representatives). Voting on the agenda at the internal conference of the Organization may be held in public or by ballots. The decision on the approval of internal regulations of the Organization, the election and termination of powers of the president of the Organization, the chairman and members of the Board and members of the audit commission, the decision on the establishment of separate divisions of the Organization, the decision on the termination of the activities of separate divisions of the Organization shall be considered adopted if at least 2/3 of the delegates (representatives) present at the conference voted for it. The decision on the approval of the Statute of the Organization, the changes and additions to it and the approval of the new version of the Statute shall be considered adopted if at least 3/4 delegates (representatives) voted for it. On other issues, the decision is taken by a simple majority vote.

According to the results of the conference of the Organization, held in person within ten (10) days from the date of its closure, a protocol is drawn up, which is signed by the chairman at the conference and the secretary.

6.6. Voting at the conference of the Organization by a polling survey is carried out according to the following procedure:

6.6.1. The Board’s chairman sends a ballot with draft decisions or questions for voting to the separate divisions of the Organization and the specified address for sending a response. At the same time, information, draft amendments and other documents necessary for decision-making are sent. The ballot with the draft decisions is sent by means of communication (by mail or fax).

The heads of the separate divisions of the Organization, within five (5) working days after receiving the ballot, carry out a meeting on which they elect the delegate (representative) authorized to vote on behalf of members (participants) of the Organization who belong to such separate division. The elected delegate (representative) shall fill in the ballot and send it together with a copy of the protocol on his election to the specified address for response within a period not exceeding five (5) working days from the date of receipt of the ballot by means of communication (by mail or fax).

6.6.2. The results of voting by the polling survey shall be summed up by the chairman of the management board within ten (10) days from the date of receipt of all ballots from the separate divisions of the Organization or after the deadline for the return of ballots specified in paragraph 6.6.1., depending on which date comes later. According to the results of voting, the protocol of the conference of the Organization, conducted by a survey, which is signed by the chairman of the Board personally, is drawn up. In this case, the original ballots and copies of the protocols on the election of delegates (representatives) shall be attached to the protocol copies of the conference conducted by means of a survey. In case of holding a conference by means of a polling survey, the decision is considered to be taken if at least 2/3 of the delegates (representatives) voted for it.

6.6.3. If decision has not been made or approved, the chairman of the Board may conduct an additional survey on the above procedure.

THE PRESIDENT OF THE ORGANIZATION

6.7. The president of the Organization is a person who represents the interests of the members (participants) of the Organization in the period between the conferences of the Organization and controls the activities of the executive bodies of the Organization.

6.8. The election and termination of the powers of the president of the Organization is the exclusive competence of the conference of the Organization.

6.9. The term of office of the president of the Organization is not limited in time. The same person may be elected as the president of the Organization for any number of times.

6.10. The following are the powers of the Organization’s president:

• To define the main directions and long-term programs of the Organization and to present them for approval of the conference;
• To initiate the changes and additions to the Statute and to submit the projects of such changes and additions for approval of the Conference;
• To represent the Organization, within the limits of its authority, in its international relations, relations with public authorities and local self-governing bodies, legal entities and individuals without power of attorney;
• To sign contracts concluded with the chairman and members of the Board on behalf of the Organization;
• To direct the work of the Board and the secretary’s department;
• To initiate an extraordinary conference;
• To initiate a special audit of financial and economic activities of the Organization;
• To submit the candidacies of the chairman and members of the Board for the approval of the Conference;
• To make decisions on the performance of duties of the chairman in case of the latter’s absence or impossibility of duties assigned to;
• To approve the decision of the Board on the quantitative composition of the Board;
• To approve the decision of the Board on granting the status of honorary member of the Organization;
• To coordinate the decision of the Board on the complaints of members (participants) of the Organization;
• To coordinate the decision of the Board on the complaints regarding the actions and inaction of the management bodies;
• To approve the decision of the Board on awarding persons with honorary distinctions and awards;
• To use the right of veto on the decisions taken by the Board, followed by their return for revision and reconsideration;
• To use the right to control the activities of the Board, including financial and economic relations;
• To coordinate the decision of the Board on the participation (creation) of business entities in order to achieve the statutory objectives of the Organization;
• To coordinate the proposals of the Board on the establishment (creation) of separate divisions of the Organization, followed by a decision from the conference;
• To agree with the report of the members (participants) on its activity, including on the decisions taken and the carried-out measures prepared by the Board;
• To approve regulations on separate divisions of the Organization;
• To approve regulations on the amount and procedure of the payment of the entrance and membership fees;
• To approve the regulations on the working bodies, the commissions and the secretary’s department;
• To use the right to suspend the duties of the chairman or members, in the event of a threat to the interests of the Organization, until the conference has decided on these persons and
• To perform other authorities in accordance with the requirements of this Statute, the internal regulations of the Organization and the current legislation of Ukraine.

THE BOARD OF THE ORGANIZATION

6.11. The executive body of the Organization is the Board, which consists of the chairman and members.

6.12. The quantitative composition of the Board is determined by the president of the Organization.

6.13. The chairman and the members of the Board are elected by the conference on the proposal of the president.

6.14. The term of office of the chairman and members is five years. Contracts may be concluded with the chairman and members and signed by the president on behalf of the Organization.

6.15. The Board decides all current issues of the Organization, except for those within the competence of the conference and the president.

6.16. The Board is accountable and controlled by the conference and the president and organizes the implementation of their decisions.

6.17. Powers of the chairman are as follows:

• To perform, without the power of attorney, any actions on behalf of the Organization if the performance of such actions is not limited to the president or the conference, including the right to sign agreements, contracts, other contractual, legal, financial, settlement, internal administrative documents and other documents on behalf of the Organization;
• To issue the power of attorney;
• To hire and dismiss employees;
• To issue orders, instructions and give instructions, obligatory for execution by all employees;
• To open accounts with banks and other financial institutions;
• To represent the interests of the Organization in relation with enterprises, institutions and organizations, regardless of the form of ownership and subordination, public authorities and local self-government, non-governmental institutions and public organizations;
• To act on behalf of the Organization in the state, as well as in all judicial bodies;
• To approve the staffing of the Organization;
• To assemble a Board meeting to consider complaints from members (participants) and
• To report to members (participants) on its activity, including on the decisions and measures taken at the next conference and at the extraordinary conference.

In the case of absence of the chairman or impossibility of the performance of the duties assigned to it, the execution of the Chairman’s duties, on the basis of the decision of the president, can be assigned to one of the members.

6.18. The competence of the Board includes the following issues:

• Forming the main activities of the Organization with the subsequent approval of the president and the conference;
• Developing programs on the activities of the Organization with the subsequent approval of the president and the conference;
• Preparing the draft budget, proposals on the size and order of transfer of entrance and membership fees for approval by the president and the conference;
• Determining, with subsequent approval from the president, the establishment (participation) of business entities to perform the statutory tasks of the Organization;
• Deciding on the complaints of members (participants) with their subsequent approval from the president;
• Making proposals to the president on the establishment (creation) of separate divisions of the Organization for their further approval by the president;
• Deciding on the admission to membership (participants) of the Organization and withdrawal from its membership;
• Deciding to exclude the members (participants) of the Organization for not complying with the requirements of the Statute and the decisions of the management bodies;
• Taking decisions, with subsequent approval from the president, regarding the quantitative composition of the Board;
• Taking decisions, with subsequent approval from the president, on granting the status of an honorary member;
• Determining, with subsequent approval from the president, the rewarding of persons with honorary signs and awards;
• Developing a draft regulation on the amount and procedure for payment of entrance and membership fees, with subsequent approval from the president;
• Forming commissions, secretary’s department and other working bodies of the Organization, in coordination with the president;
• Developing the draft regulations on separate divisions of the Organization with subsequent approval from the president;
• Developing the draft regulations on working bodies, commissions and the secretary’s department with subsequent approval from the president;
• Developing the draft regulations on working bodies, preparing the report before members (participants) on its activity, including the decisions and measures taken with subsequent approval from the president;
• Deciding to conduct a special audit of financial and economic activities of the Organization;
• Delegating the performance of certain powers to the secretary’s department, in consultation with the president;
• Adopting relevant decisions with the approval of the president on complaints about the actions and inaction of the governing bodies;
• Performing other authorities in accordance with the requirements of this Statute, the internal regulations of the Organization and the current legislation of Ukraine.

6.19. The organizational form of work of the Board is meetings that are held at least one every three months, as well as at the request of the chairman or a member of the Board or the president. Each member of the Board has the right to request a meeting of the collegial executive body and to submit issues to the agenda of the meeting. The chairman organizes the work of the Board, assembles the meetings and provides the protocols of the meetings. Decisions at the meetings are taken by a simple majority vote. At the request of the president, the conference or the audit commission, decisions on individual issues of the Organization are taken collectively by all members of the Board by a majority vote.

6.20. Each member of the Board has one vote when making decisions. In case of a tie, the vote of the chairman is decisive. The meeting of the Board is competent if more than half of its members are present at the meeting. Minutes are kept at the meeting and will be signed by the chairman, and in case of his absence, by the chairman of the Board.

AUDIT COMMISSION

6.21. To conduct an audit of the financial and economic activities of the Organization at the conference, an audit commission consisting of three people from the members with full civil capacity is elected. The chairman of the audit commission is elected at the first meeting of the audit commission. The term of office of the audit commission is five years. The powers of the chairman or a member of the audit commission may be terminated prior to maturity. The audit commission is accountable to the conference.

6.22. A person who is the president; a member of the Board and/or a person who does not have full civil capacity may not be a member of the audit commission.

6.23. The rights and responsibilities of the internal audit commission are determined by the current legislation, this Statute and the regulations on the audit commission, in the case of its adoption.

6.24. The audit commission has the following rights:

• to make proposals to the agenda of the conference and to demand the assembling of an extraordinary conference;
• The audit commission (chairman of the audit commission) has the right to attend the conference and to participate in the discussion of the agenda with the right to an advisory vote;
• The audit commission (chairman of the audit commission) has the right to participate in the meeting of the Board in cases stipulated by the current legislation, this Statute and internal regulations, if adopted.

6.25. The audit commission conducts an audit of the financial and economic activities of the Organization based on the results of the financial year, as well as at the request of the conference or the president.

6.26. The Board shall provide the audit commission with access to the information necessary for the audit.

6.27. Following the results of the audit of the financial and economic activities of the Organization using the results of the financial year, the audit commission prepares a report which contains information on:

• The confirmation of the accuracy and completeness of the financial statements for the relevant period and
• Facts of violation of the legislation in the implementation of financial and economic activities, as well as the establishment of accounting and reporting.

6.28. The audit commission has the right to conduct a special audit of the financial and economic activities. Such an audit is carried out on the initiative of the president, by a decision taken by the conference or the Board.

SECRETARY’S DEPARTMENT

6.29. A Secretary’s Department shall be established to provide organizational support for the activities of the Board and the Organization as a whole. The Secretary’s Department is headed by the secretary, who is elected by the Board indefinitely. The Secretary’s Department shall exercise its powers in accordance with the requirements of the current legislation of Ukraine, this Statute and the internal regulations of the Organization, including the regulations of the Secretary’s Department, if adopted. The Secretary’s Department and the secretary are controlled and accountable to the Board.

6.30. Competence of the Secretary’s Department:

• Ensuring the implementation of decisions, resolutions and orders of the conference, the president and the Board;
• Determining the position of the Organization in the socio-economic and organizational issues of its activities and preparing the relevant proposals for consideration at the Board meeting;
• Performing organizational and administrative functions related to the organizational support of the conference, the Board and the president and
• Performing other tasks assigned by the Board.

7. THE ACCOUNTABILITY OF THE MANAGEMENT BODIES OF THE ORGANIZATION TO ITS MEMBERS (PARTICIPANTS)

7.1. The Organization, adhering to the principles of transparency and openness, provides for the right of all members (participants) to have free access to information about its activities, including the decisions taken by the Organization and the activities carried out and reports to its members (participants) in accordance with the current legislation of Ukraine and this Statute.

7.2. The Board, represented by the chairman, reports to the members (participants) on its activities, including the decisions taken by the Organization and the measures taken for the work to be carried out at the next conference, provided for by this Statute at the extraordinary conference.

7.3. Control over the financial and economic activities of the Organization is carried out by the audit commission.

7.4. The procedure for reporting, by the audit commission, to the members (participants) shall be determined by the current legislation of Ukraine, this Statute and the regulation on the audit commission, if adopted.

7.5. The financial activity audit of the Organization is carried out by state bodies and the audit commission of the Organization within their competence according to the current legislation of Ukraine.

7.6. The Organization conducts operational and accounting, statistical reporting and makes payments to the budget in the manner and amounts provided by the current legislation of Ukraine.

7.7. The reliability and completeness of the annual balance sheet and statements of the Organization can be confirmed by the auditor (audit firm).

8. THE ORDER OF APPEAL AGAINST DECISIONS, ACTIONS AND FAILURES OF THE MANAGEMENT BODIES AND COMPLAINTS PROCESSING

8.1. Decisions, actions and failures of management bodies are disputed by the Board, by addressing a complaint. The complaint is sent by means of communication (by mail or fax).

8.2. The Board processes the complaint at its meeting, which is assembled at the request of the chairman. Based on the results of the complaint processing, the Board makes a decision which is also agreed to by the president.

8.3. The Board shall make the relevant decision within 10 (ten) days from the date of complaint receipt. The relevant decision shall be sent within five days from the date of the decision.

8.4. The decision of the Board may be disputed by a member (participant) in accordance with the current legislation.

9. THE SOURCES OF RECEIPT AND OPERATING PROCEDURES OF FUNDS AND OTHER PROPERTIES OF THE ORGANIZATION

9.1. The Organization may own funds and other property necessary for the implementation of its statutory activities.

9.2. The Organization, for performance of the authorized purpose(s) has the right to possess, use and dispose the funds and other property which, according to the law, is transferred to the Organization by its members (participants) or the state, acquired as membership fees, donated by citizens, enterprises, institutions and organizations, acquired as a result of entrepreneurial activity created by the Organization by legal entities (partnerships, enterprises), as well as property acquired at the expense of own funds, temporarily provided for use (except for the order) or on other grounds not prohibited by the law.

9.3. The right of ownership of the Organization is realized by its supreme management body – the conference – in the manner prescribed by law and the Statute. Certain functions concerning property management, by decision of the supreme management body, may be assigned to the president.

9.4. In case of the dissolution of the Organization, the property and funds, after the satisfaction of the creditors’ claims, are transferred by the decision of the Organization to the statutory or charitable purposes to another (several other) public association; in case of non-acceptance of such a decision, the funds are accounted in accordance with the law to the state or local budget.

9.5. In case of reorganization of the Organization, the property, assets and liabilities are transferred to the legal successor.

9.6. The property of the Organization represents fixed and current assets, as well as other valuables, the value of which is reflected in the independent balance sheet of the Organization.

9.7. The Organization shall be liable for its obligations regarding all property belonging to it. Members (participants) of the Organization are not liable for the obligations of the Organization, and the Organization is not liable for the obligations of its members (participants).

9.8. By the decision of the president, if necessary, trust funds can be established to be used for the implementation of programs under this Statute. The order of creation and use of such funds is determined by the president.

9.9. The contributions to the Organization are accepted in the form of cash, securities, as well as property that can be used to solve the statutory tasks that do not contradict the current legislation of Ukraine.

9.10. Persons who gift the property and funds to the Organization retain the right to control the intended use of contributions.

9.11. The Organization can have in its possession buildings, facilities (their parts), apartments, furniture and other property necessary for material support of the activity provided by the Statute. The Organization may also own publishing houses and other enterprises.

9.12. All income received by the Organization shall be directed for the achievement of the purpose and performance of the tasks defined by this Statute. It is forbidden to distribute the received income (profit) or their parts among founders (participants), members of the Organization, workers (except for payment of their work, charge of the unified social tax), members of management bodies and other persons connected with them.

9.13. The income (profit) of the Organization is used exclusively for the financing of expenses on the maintenance of the Organization, realization of the purpose (goals, tasks) and the activities defined by this Statute.

10. THE ORDER OF CREATION, ACTIVITY AND TERMINATION OF ACTIVITY OF SEPARATE DIVISIONS OF THE ORGANIZATION

10.1. The basis of the Organization is its separate divisions which are created in regions, in the cities of Kyiv and Sevastopol with authorized purposes and aimed at accomplishing tasks and developing a structural network.

10.2. The separate divisions are formed by the decision of the supreme management body, i.e. the conference, according to the Statute and the current legislation of Ukraine.

10.3. The separate divisions of the Organization are not legal entities.

10.4. Information about the established separate divisions is submitted to the competent authority regarding registration at the location of the Organization.

10.5. The separate divisions of the Organization perform their activity according to the current legislation of Ukraine, the Statute and regulations concerning them, appropriately approved by the president.

10.6. The decision to terminate the activities of separate divisions is taken by the conference, according to the Statute and the current legislation of Ukraine.

10.7. The notice on the termination of a separate division of the Organization is addressed to the authorized body regarding registration at the location of the Organization in the form approved by the Ministry of Justice of Ukraine.

11. THE ORDER OF MAKING AMENDMENTS AND ADDITIONS TO THE STATUTE OF THE ORGANIZATION

11.1. Amendments and additions to the Statute are approved by the decision of the conference in the order defined by the Statute.

11.2. Amendments and additions to this Statute are subject to state registration in accordance with the current legislation of Ukraine.

11.3. Amendments and additions to the Statute come into force from the moment of their state registration.

12. TERMINATION OF THE ACTIVITIES OF THE ORGANIZATION

12.1. Termination of the activities of the Organization is performed:

• By the decision of the Organization adopted by the supreme management body, i.e. the conference, by dissolution or reorganization and by consolidation to another public association with the same status and
• According to the court decision on the prohibition (winding-up) of the Organization.

12.2. The Organization has the right at any time to decide on the termination of its activities (self-dissolution).

12.3. The decision on self-dissolution of the Organization shall be made by the conference in the manner prescribed by this Statute.

12.4. The conference creates a liquidation commission or assigns to the Board the powers of the liquidation commission for the termination of the Organization as a legal entity and also makes a decision on the funds and property usage of the Organization after its liquidation in accordance with the Statute.

12.5. The Organization submits (directs) the decision on dissolution to the authorized body for registration through the authorized representative.

12.6. The reorganization of the Organization is carried out by consolidation to another public association with the same status.

12.7. The reorganization is carried out on the basis of the decision of the conference on the termination of activity with consolidation to another association in the order established by the Statute.

On the basis of the decision of the Organization, the public association which the Organization is being consolidated into, gives consent to such consolidation in the form of a decision.

12.8. On the decisions taken on the reorganization of the Organization by means of consolidation, the Organization shall notify the authorized body for registration through the authorized representative.

12.9. The Organization may be prohibited by the court at the suit of the authorized body for registration in case of detection of violation signs by the Organization of the requirements of Articles 36, 37 of the Constitution of Ukraine, Article 4 of the Law of Ukraine ‘On Public Associations’.

12.10 The prohibition of the Organization leads to the termination of its activities in the manner prescribed by the current legislation of Ukraine and its exclusion from the register of public associations.

12.11. In case of a decision to prohibit the Organization, the property, monetary funds and other assets are sent to the state budget by a court decision.

12.12. In case of termination of the Organization’s activities, available funds and property of the Organization remaining after the liquidation balance sheet and settlements with the state budget and creditors cannot be distributed among the members of the Organization and used for the purposes and tasks provided for by the Statute or for charity on the basis of the decision of the conference, and in cases provided by the current legislation, by a court decision, can go to the income of the state.

12.13. In case of the dissolution of the Organization, the property and funds, after the satisfaction of creditors’ claims, are transferred by the decision of the Organization to the statutory or charitable purposes of another (several other) public association; in case of non-acceptance of such a decision, the funds are accounted in accordance with the law to the state or local budget.

In case of the reorganization of the Organization, the property, assets and liabilities are transferred to the legal successor.

12.14. The activity of the Organization is considered to be terminated after all calculations and the exclusion of the Organization from the public register in the order provided by the current legislation of Ukraine.

13. INTERNATIONAL RELATIONS

13.1. The Organization may establish or join international public organizations, to be a founder of international associations of the citizens, to maintain international contacts and relations, to conclude relevant agreements, as well as to participate in the implementation of activities that do not contradict international obligations and the current legislation of Ukraine.

14. FINANCIAL AND OPERATIONAL ACTIVITIES

14.1. Entrepreneurial and financial activity of the Organization is carried out in accordance with the Statute in the framework of ensuring the goals and objectives set for the Organization, which do not contradict the legislation of Ukraine, through legal entities (companies and enterprises) established by the Organization.

14.2. Control over the conduct of business activities is carried out by the Board, the president and the audit commission.

15. OTHER ISSUES

15.1. According to the Law of Ukraine ‘On Protection of Personal Data’, the Organization processes and protects personal data that has become known to it or will be in its use (possession) in accordance with the requirements of the current legislation of Ukraine. The purpose of personal data processing is to ensure the implementation of labour relations, administrative, legal and tax relations and relations in the field of accounting, relations in the field of human resources management, in particular human resources in accordance with the Labor Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine ‘On Accounting and Financial Reporting in Ukraine’, the Law of Ukraine ‘On Banks and Banking’, the Law of Ukraine ‘On Employment’ and other laws and regulatory legal acts. The peculiarities of creation, registration and use of databases which can be formed by the Organization during its activity and the order of obtaining the consent of subjects of personal data are defined by the internal documents of the Organization, the current legislation and regulatory legal acts.

15.2. In everything that is not regulated by this Statute, the Organization, its members (participants) and bodies are guided by the current legislation of Ukraine.

15.3. The title of the articles in the Statute is provided solely for the convenience of its text usage and in another capacity (for example, in interpretation) should not be taken into account.

15.4. If any provision of this Statute directly or indirectly contradicts or will contradict the legislation of Ukraine in the future, it is recognized invalid; however, it does not entail the invalidity of the entire Statute.

15.5. This Statute is made in two copies having equal legal force.