1. GENERAL PROVISIONS

Transcription

1 1. GENERAL PROVISIONS 1.1. The non-governmental organization of the Kharkiv oblast "MultiKultiUA" (hereinafter "the NGO") is a voluntary self-governing non-profit formation, a local community organization established on the basis of unity of interests to achieve the statutory goals and to implement common legal rights and interests The NGO was founded and operates under the Constitution of Ukraine, the Law "On Associations of Citizens", the current legislation of Ukraine and this statute. On issues that are not reflected in this Charter, the NGO is guided by the Civil Code of Ukraine, the Law "On Associations of Citizens" and other applicable laws of Ukraine The NGO realises its activites within Kharkiv oblast Full name of the NGO: - in ukrainian: ХАРКІВСЬКА ОБЛАСНА ГРОМАДСЬКА ОРГАНІЗАЦІЯ «МУЛЬТІКУЛЬТІУА»; shortened name of the NGO: - in ukrainian: ГРОМАДСЬКА ОРГАНІЗАЦІЯ «МУЛЬТІКУЛЬТІУА»; 1.5. The NGO is a legal entity since its registration The NGO may on its behalf acquire property and personal non-property rights, be plaintiff and defendant in court, conclude agreements on its behalf In accordance with the purposes and in the manner prescribed by law, the NGO on its behalf may enter both in Ukraine and abroad any contracts and other legal acts, join other (nongovernmental) organizations, including international ones The NGO operates on the principles of voluntariness, equality of its members, selfgovernment, lawfulness, transparency and economic independence The NGO has its own balance, separate own property, bank accounts (including foreign currency), seal with its own name, performed in Ukrainian, stamp, letterhead, logo and symbols, examples of which are approved by the Chairman of the Board and recorded in due course. The symbols of the NGO are subject to state registration in the manner determined by the Cabinet of Ministers of Ukraine The intervention of public authorities and officials in the activities of the NGO, as well as intervention by the NGO in activities of state authorities, officials and activities of other public associations shall not be permitted except as required by law The NGO s location: Ukraine, Kharkov, ul. Rybalka, building 12-A. 2. Purpose and ovjectives of the NGO 2.1. The main purpose of the activities of the NGO is to facilitate the learning process at all levels: preschool, secondary and higher education, promote scientific, educational, cultural exchange students, students, teachers, meet and protect their legitimate social, economic, creative, national, cultural, sporting interests The main tasks of the NGO are: - assistance of intensify research, educational, scientific, social and psychological activities on the basis of modern research in education, training within the order established by the legislation of Ukraine; - supporting programs, projects and activities that correnspond to the activities of the NGO; - organizing and conducting seminars, scientific conferences and educational meetings; - implementation of various forms of partnership with research institutions, NGOs, scientific societies in Ukraine and abroad;

2 2 - participation as appropriate in national and international conferences, seminars and others; - establishing and maintaining effective cooperation with all natural and legal persons who are active in education, social protection of citizens' rights, scientific, educational, cultural exchange students, students and teachers; - representation and protection of interests of the members of the NGO in state and other institutions, organizations and enterprises; - support, including financial, to the members of the NGO; - support, including financial, to other NGOs. - promotion of interaction between NGOs and society, the media and public authorities. 3. Rights and duties of the NGO 3.1. To carry out its statutory objectives and achieve ist goals the NGO within the order established by law is entitled to: - represent and defend its rights, legal rights and interests of its members in government agencies, local governments, courts; - disseminate information and promote its ideas and goals; - involve individuals and entities, including foreign entities, into financial, material, organizational and moral support of the activities of the NGO; - form or join international public (governmental) organizations, associations form international associations, support direct international contacts and relations, enter into appropriate agreements as well as participate in activities that do not conflict with international obligations; - give ideological, organizational and logistical support to other associations, assist in their establishment; - provide material, informational, consultative, financial or other support to members of the NGO who need it; - provide organizational, material and other support to individuals and legal entities; - create institutions and organizations, to establish enterprises that are required to meet statutory goals; - conduct independent sociological surveys; - cooperate with state authorities, local authorities, civil society groups and individual citizens; - organize theoretical and scientific conferences, congresses, symposia, seminars, contests, festivals, lectures, and meetings, educational and training activities without remuneration; - take part in civil law relations, acquire property and moral rights; - promote the development of science, education and culture; - promote the development of basic research to accelerate scientific and technological progress based on the use of the latest advances in education, culture, etc.; - create its own programs aimed at implementing the objetives of the NGO; - engage in cooperation with necessary specialists; - participate in shaping public opinion through appearances in the media, on television, radio, campaigning and educational activities (meetings, demonstrations, etc..); - receive from state authorities and local governments information and assistance necessary to realize their goals and objectives; - join as a collective member unions, associations, other NGOs; - exercise the full rights, foreseen by the Civil Code of Ukraine, the Law "On Associations of Citizens" and other legislative acts of Ukraine.

3 The NGO is obliged to: - give all members of the NGO the right to use the results of its operations; - inform the members of the NGO about the results of its activities; - comply with the current legislation of Ukraine, generally recognized principles and norms; - conduct records management and accounting, statistical reports, register in the state tax inspectorate, to make payments to the budget in the manner and amount prescribed by law, submit declarations on its revenues and expenses to the financial authorities State control over the activities of the NGO is exercised by state authorities in the manner prescribed by the legislation of Ukraine The NGO does not have the purpose of making profit. 4. Membership in the NGO 4.1. The NGO has a fixed membership The NGO consists of individual and collective members. Individual and collective members of the NGO have the same rights and duties. Honorary members of the NGO may be known representatives of science, education, culture, business, civil, state and political figures, as well as persons who have contributed to the work of the NGO. The right to offer honorary membership in the NGO lies with the Chairman of the Board of the NGO Individual members of the NGO may be natural persons (citizens of Ukraine, foreign nationals, stateless persons) who permanently reside in Ukraine and are at least 18 years old, participate in the activities of the NGO, recognize the Statutes of the NGO and pay the membership fees Collective members may be groups of enterprises, institutions and organizations whose activities are not inconsistent with this Charter, have paid the ENTRY fee and pay membership fees Fixed members may be both individual and collective members Conditions and procedures for admission to the member of the organization: Admission of individual members in the NGO is decided on by the Chairman of the Board of the NGO Admission of collective members in the NGO is decided on by the Chairman of the Board of the NGO after properly taken decisions of the collective of the enterprise, organization, institution Decisions about the admission of both individual and collective members are taken by the Chairman of the Board Termination of membership in the NGO is carried out on the basis of the application for individual members and on the basis of a collective decision - for collective members of the NGO The Chairman of the Board of the NGO may deprive any member of the NGO of membership in the NGO in case of violation of the Statutes of the NGO, in case of violation of the assumed obligations to implement programs of the NGO and also as a result of actions that inflicted material damage or undermine the authority of the NGO. Decisions about the exclusion from the NGO are taken by the the Chairman of the Board The amount of membership fees is determined by the Chairman of the Board Entrance membership fees are paid once, the next time on a quarterly basis during the first month of the quarter. Membership fees must be paid not later than on the last day of the validity of membership in the NGO. The failure to pay within two months indicates a persons wish to withdraw from the NGO and is regarded as last statement.

4 Membership fees are paid in cash Questions of appeal in case of refusal of admission as a member of the NGO or exclusion are decided on by General Meetings of the members of the NGO. 5. RIGHTS AND DUTIES OF THE MEMBERS OF THE NGO 5.1. Members of the NGO participate in the implementation of statutory goals and objectives by providing funds, material resources, property, intellectual property and services, personal support and assistance in other form, not prohibited by law Individual members or authorized representatives of the collective members of the NGO have the right to: * take part in the formation of institutions of the NGO; * vote and be elected to all institutions of the NGO; * have full information about the activities of the NGO; * participate in the discussion of issues related to activities of the NGO; * be protected by the NGO from any unlawful attack on their person; * enjoy legal, financial and other support from the NGO; * inroduce proposals and make comments on the activities of the NGO; * turn to the leadership of the NGO with any questions about the activities of the organization; * express an opinion that differs from the majority opinion; * freely terminate their membership in the NGO after application; * enjoy other rights provided for by Ukrainian law Members of the NGO are obliged to: - observe organizational discipline; - comply with the previsions of the Charter and decisions of governing bodies of the organization; - contribute to the strengthening of the authority of the NGO; - take according to their abilities an active part in the activities of the NGO; - avoid actions that impede the implementation of decisions of the NGO; - pay membership fees on time. 6. Instutions of the NGO 6.1. Оrgans of the NGO are: - General meetings of the members of the NGO; - the board of the NGO; - the audit commission The highest governing body of the NGO are the General Meetings of members of the NGO, that consist of individual members and authorized representatives of the collective members of the NGO. Each member of the NGO, including collective members, has one vote at the General Meetings The General Meetings of members of the NGO have the right to consider any matter of the activities of the NGO. The exclusive competence of the General Meetings of members of the NGO include: *determination of the main directions of activities of the NGO; *approving the Statutes of the NGO; *passing amendments to the Statutes of the NGO;

5 5 *election of the Board, the Chairman of the Board, the Deputy Chairman of the Board, the Audit Commission; *approving the activity report of the Board, acts of the Audit Commission; *deciding on the termination of the activities of the NGO. General Meetings of members of the NGO may decide to transfer part of its powers to the Board The General Meetings of members of the NGO have the right to take decisions when attended by at least ½ of the members of the NGO. All decisions in the General Meetings of members of the NGO are taken by a majority of votes of those present. All questions in the General Meetings of members of the NGO may be secret or open. The decision about open or secret ballot is taken by a simple majority votes of all participants of the General Meetings of members of the NGO. General Meetings of members of the NGO are convoked by the Board as needed, but at least once a year, or at the request of the Audit Commission or by written request of not less than a quarter of the members of the NGO. The members of the NGO are notified about the date of the General Meetings of members of the NGO and the agenda no later than 20 days prior to their implementation. Messages can be sent by regular mail, telephoned, e- mail The executive body which oversees the daily operations of the NGO is the board of the NGO, which is elected at the General Meetings of members of the NGO for a period of 3 years. The Board consists of three persons who are members of the NGO The Board directs all activities of the NGO in the period between the General Meetings of members of the NGO and decides on any matters except those which are related to the exclusive competence of the General Meetings and the members of the NGO and the Chairman or Deputy Chairman. The Board of the NGO: organizes the implementation of decisions of the General Meetings of members of the NGO; organizes the conduction of the General Meetings of members of the NGO; approves the activity plans of the NGO; determines and creates the structure of the services, commissions necessary for the operation of the NGO, approves regulations on them; Determines the shape and size of remuneration for the staff of the NGO; generates a staff schedule; approves the budget of the NGO; approves the cost estimates for the maintenance of the Board staff; decides on the creation and abolition of departments, organizations, enterprises, institutions, statutes and approves regulations about them; invites citizens to honorary membership in the NGO, approves awards and honorary titles of the NGO, the title of "honorary member of the organization"; reports annually on its activities at the General Meetings of members of the NGO The Board takes its decisions on meetings that are held when necessary. Board meetings are valid if attended by at least 2 / 3 of its members. Decisions are adopted if at least 2 / 3 of the members present at the meeting of the Board voted for them Manages the work of the Board Chairman of the Board, elected from among members of the Board for 5 years. The chairman of the Board may decide on any questions concerning the activities of the NGO, except those within the competence of the General Meetings of members of the NGO and of the Board.

6 6 The chairman of the board: represents the NGO and its interests without authorization in relations with government authorities, NGOs and other organizations, institutions, enterprises and individuals in Ukraine and abroad; ensures the implementation of decisions of the General Meetings of members of the NGO; organizes the development of prospective and current plans and programs of the NGO, manages the implementation of plans and programs, take the necessary decisions for their implementation; takes legal actions without authorization on behalf of the NGO; proposes to the Board the budget of the NGO for approval; administers the financial and material resources of the NGO; opens and closes current and other accounts in banking institutions; manages operational and business activities of the NGO; decides about employment of new staff members their dismissal; determines the duties and competence of the staff of the NGO; applies measures to encourage and impose disciplinary sanctions on employees of the NGO; implements the admission of new members to the NGO; decides on the exclusion of members from the NGO; determines the size and procedure of payment of entrance and membership fees; gives out tasks; is accountable to the Board, the General Meetings of members of the NGO for compliance with staff, material and labor discipline, for the accuracy of reporting, preservation of property; takes the final decision on the activities of the NGO; provides guidance mandatory for all members and employees of the NGO; approves the symbols of the NGO; signs all documents of the NGO within the limits of his powers; develops and offers long-term plans about the development of the NGO The Deputy Chairman of the Board, In case of absence of the Chairman of the Board, performs all the functions of the latter as referred to in Art. 4, 6.8. Art. 6 of the Statute Monitoring of is carried out by the Audit Commission, which is elected at the General Meetings of members of the NGO in the number of three people for three years. Members of the Audit Committee must be members of the NGO. The Audit Commission is chaired by the Chairman of the Audit Commission, elected at the General Meetings of members of the NGO Members of the Audit Commission can not be members of executive bodies. The main objective of the Audit Commission is overseeing the use of cash proceeds, the use of property of the NGO according to the aims and objectives of NGO. Revision of the activities of the NGO the Audit Commission holds at least once a year. Acts of revision are approved by the General Meeting of members of the NGO. 7. PROPERTY OF THE NGO

7 Property of the NGO may be land, buildings, housing fund, trademarks, patents, transportation, equipment, inventory, communications, copiers, funds, shares or other securities and other property necessary to carry out the statutory tasks. Members of the NGO lose ownership of the property transferred in the form of membership fees. The NGO owns, uses and manages the property that it owns according to its own jugdement Sources of funds of the NGO are: admission and membership fees; funds and property transferred to the NGO by members or state authorities; donations and memberships fees from Ukrainian and foreign legal entities and individuals in the form of funds in any currency, material and cultural values, property; deductions from established institutions and organizations, founded enterprises; property acquired at its own expense or on other grounds not prohibited by the legislation of Ukraine; 7.3. The NGO has the right to property and money acquired as a result of economic and other business activity of institutions, organizations and enterprises created by it The NGO acquires property right to funds and other property transferred to it by its members or state authorities, acquired from the entrance and membership fees, donations by individuals, enterprises, institutions and organizations, as well as property acquired from its own funds or on other grounds not prohibited by law Property and assets of the NGO shall not be redistributed among its members and are used to serve statutory or charitable purposes, and in cases stipulated by law, by court decision directed to state income The NGO shall not be liable for the obligations of legal persons created by it and collective members that are legal entities and they are not liable for the obligations of the NGO The NGO may use its funds for charitable purposes The NGO is liable for its obligations with its own funds and property, which according to the current legislation are subject to collection. 8. AMENDMENTS TO THE STATUTES 8.1. Changes to the Statutes of the NGO are approved by decisions of the General Meeting of members of the NGO Changes to the Statutes of the NGO are subject to mandatory registration. 9. TERMINATION OF THE ACTIVITIES OF THE NGO 9.1. Termination of the activities of the NGO is carried out by reorganization or liquidation (compulsory dissolution or dissolution) Reorganization of the NGO is carried out by decision of the General Meeting of members of the NGO. With reorganization of the NGO its rights and duties are transferred to the legal successors.

8 8 The NGO cannot be reorganized into a legal entity, the purpose of which is gaining profit Liquidation of the NGO is carried out by decision of the General Meeting of members of the NGO or by court decision in cases prescribed by law For taking decisions on questions related to the liquidation of the NGO, a liquidation commission is created The funds and property of the NGO in case of liquidation are transferred to another nonprofit organization of a corresponding type, and in cases stipulated by legislative acts, after a court decision are directed to the income of the state. The property given to the NGO for use (lease) is returned to the owner.