APPROVED
By the Constituent Congress of the Ukrainian Neurosurgical Association
Minutes No. 1, dd May 16, 2021
c. Kyiv, 2021
CHARTER OF
UKRAINIAN NEUROSURGICAL ASSOCIATION
1. GENERAL
1.1. The UKRAINIAN NEUROSURGICAL ASSOCIATION (the Association) is a voluntary association of neurosurgeons and doctors of related specialties engaged in medical practice, as well as scientific and pedagogical activities. The Association is committed to promoting the development of neurosurgery and related specialties, protecting the legitimate interests of the Association Members, and improving the professionalism of Ukrainian specialists as well as their qualifications up to the level of international requirements based on the ideas of humanity, mutual understanding and assistance.
1.2. The Association is a non-profit and non-commercial organization and does not aim to make a profit.
1.3. The Association’s activities are carried out in accordance with the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine On Public Associations, the Law of Ukraine On State Registration of Legal Entities, Individual Entrepreneurs, and Public Organizations, current legislation, and this Charter. Regulatory documents and general decisions adopted by the Association within the scope of its statutory powers and binding on all Members form the legal basis for the Association’s activities.
1.4. The Association is free to choose the fields of activities, is created and operates on the principles of voluntariness, self-government, free choice of the territory of activity, equality before the law, absence of property interests of its Members (participants), transparency, openness, and publicity.
1.5. The Association shall be liable for its obligations with the property it owns, which, in accordance with the current legislation, may be subject to foreclosure. The state, its bodies and organizations shall not be liable for the obligations of the Association, and the Association shall not be liable for the obligations of the state, its bodies or organizations.
1.6. The Association shall acquire the status of a legal entity from the date of its state registration in accordance with the procedure established by the current legislation. The Association shall own separate property and have an independent balance sheet and bank accounts, including foreign currency accounts. The Association shall enjoy equal rights and bear responsibilities related to its activities and have a seal, forms, and stamps with its symbols, samples of which are approved by the Board of the Association. The symbols shall be registered in accordance with the procedure established by law.
1.7. The Members shall not be entitled to a share of the Association’s property. The Association’s income or property (assets) shall not be distributed among its Members and or used for the benefit of any individual Member or the Association’s officials (except for payment of their labor and social activities expenses). It is prohibited to distribute the income (profits) received or a part thereof among the founders (participants), Association Members, employees (except for payment of their labor or accrual of a consolidated social tax), members of governing bodies, or other related persons.
1.8. Organization name:
1.8.1. Full name:
– in Ukrainian, ГРОМАДСЬКА ОРГАНІЗАЦІЯ «УКРАЇНСЬКА НЕЙРОХІРУРГІЧНА АСОЦІАЦІЯ»;
– in English, UKRAINIAN NEUROSURGICAL ASSOCIATION.
1.8.2. Abbreviated name:
– in Ukrainian, ГО «УНА»;
– in English, the UNA.
1.9. Legal Form: Public Organization.
2. GOAL AND FIELDS OF ACTIVITIES
2.1. The Association’s main goal is to facilitate the development of neurosurgery, integrate the efforts of different types of specialists involved in the diagnosis of nervous system injuries and treatment of patients with neurological and neurosurgical diseases, protect the Association Members’ legitimate interests, improve the professionalism and qualifications of Ukrainian specialists.
2.2. The Association’s main activities include:
– distributing and providing free access to information, ensuring free exchange of knowledge and experience in the field of neurosurgery;
– disseminating professional information and providing free access thereto, supporting the exchange of knowledge and experience in the field of neurosurgery, neurology, and related disciplines;
– supporting educational and research fundamental and applied programs in the field of neuroscience;
– facilitating the education and improvement of qualifications of domestic neurologists and neurosurgeons, both in Ukraine and abroad;
– facilitating the organization of educational and research programs in the field of neurology and neurosurgery;
– at the request of relevant state structures, conducting expert assessments in the field of neurology and neurosurgery, accreditation, attestation, licensing, and certification;
– developing specific recommendations for solving current problems of a fundamental and applied nature in the field of neurology and neurosurgery;
– assisting and participating in the development of clinical guidelines, protocols, standards, and a quality management system for neurological and neurosurgical care;
– organizing and holding neurosurgical congresses, conferences, seminars, symposia, exhibitions (including international), workshops involving Ukrainian and foreign specialists, experts exchange for training and experience sharing with related neurosurgical specialists.
2.3. To fulfill its statutory objectives, the Association shall have the right to:
– freely share information about own activities and promote its goal(s);
– apply to state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, their officials and employees with proposals (remarks), statements (petitions), complaints as prescribed by law;
– receive public information in the possession of subjects of authority or other administrators of public information as prescribed by law;
– participate, as prescribed by law, in the development of draft regulations issued by state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, related to the Association’s field of activity and important issues of state and public life;
– hold peaceful meetings;
– join public international (non-governmental) organizations, maintain direct international relations, enter into relevant agreements on issues related to statutory activities, which do not contradict Ukraine’s international obligations;
– distribute, on a non-profit basis, specialized scientific journals, collections, monographs, booklets, etc., or create and distribute, on a non-profit basis, through the mass media and modern information technologies, educational, scientific, medical, and informational programs;
– participate in civil law relations, acquire property and non-property rights as prescribed by law;
– carry out business activities, as prescribed by law, directly or through legal entities (companies or enterprises) created as prescribed by the law, if such activities comply with the Association’s goal(s) and contribute to the achievement of the same;
– create mass media to achieve its statutory goal(s);
– participate in the implementation of state regulatory policy in accordance with the Law of Ukraine On the Principles of State Regulatory Policy in the Field of Economic Activity;
– participate in the activities of consultative, advisory, or other auxiliary bodies formed by state authorities, authorities of the Autonomous Republic of Crimea, or local self-government bodies to conduct consultations with public associations and prepare recommendations on issues related to fields of their activity.
– receive assistance in the form of money or property received free of charge in the form of membership fees, non-refundable financial assistance, donations, or grants and independently decide on their use in accordance with the provisions of this Charter and Ukrainian legislation.
3. MEMBERSHIP IN THE ASSOCIATION, RIGHTS AND OBLIGATIONS OF THE MEMBERS
3.1. Membership in the Association is voluntary and individual.
3.2. The members may also individually participate in other Ukrainian or international societies and associations.
3.3. The members may be citizens of Ukraine or other countries, stateless persons with higher medical, technical, or other education, work in the field of neurosurgery or related specialties, or actively contribute to the Association’s activities and have at least 3 years of experience in their field, recognize this Charter, fulfill its requirements, pay membership fees, and participate in the Association activities.
3.4. Citizens of other countries and stateless persons may have the status of an associate or honorary member of the Association.
3.5. Membership in the Association is granted through an individual application by the decision of the Board of the Association. The decision is approved at the regular Congress of the Association.
3.6. The members shall pay membership fees in accordance with the Admission and Membership Fees Payment Procedure approved by the Congress of the Association.
3.7. Membership in the Association shall be terminated in the event of:
3.7.1. voluntary withdrawal from the Association;
3.7.2. automatic termination of membership;
3.7.3. exclusion from the Association.
3.8. Voluntary withdrawal from the Association shall be carried out by submitting a written Withdrawal Application to the President. The decision of the Board of the Association in case of voluntary withdrawal from the Association is not required. The date of submission of an application shall be the date of termination of membership.
3.9. Membership in the Association is automatically terminated in the event of a member’s death, recognition of their incapacity, or in the event of termination of the Association’s activities.
3.10. A Member may be excluded from the Association by the decision of the Board of the Association with further approval of the decision by the Congress of the Association on the following grounds:
– failure to comply with the provisions of this Charter or other internal documents of the Association or failure to comply with the decisions of the Association’s governing bodies;
– committing acts contrary to the statutory purpose of the Association and/or damaging its reputation;
– failure to meet the Association membership requirements;
– non-payment of Membership Fees occurring regularly.
3.11. A member who fails to pay membership fees within 12 months shall be deemed to have withdrawn from the Association, which shall be formalized by a decision of the Board of the Association.
3.12. In case of termination of membership in the Association, the property or money transferred by the respective member as entrance, membership, or other fees shall not be refunded.
3.13. The Members shall have the right to:
– participate in the activities of the Association, namely its governing bodies or separate units; the Association’s implementation programs, projects, and activities following the procedure established by this Charter and other internal documents of the Association;
– elect and be elected to the Association’s governing bodies as prescribed by law, this Charter, and internal documents of the Association;
– submit proposals to the Association’s governing bodies to improve the Association’s activities;
– initiate the establishment of separate units of the Association to fulfill its statutory tasks as prescribed by law and this Charter;
– demand consideration of any issues related to the Association’s activities at the Congress of the Association;
– participate in all and any of the Association’s activities (with the right to vote);
– represent the Association at international events (congresses, conferences, etc.);
– publish scientific papers in the Association’s printed periodicals and receive such periodicals free of charge.
– get the Certificate of the Association’s Member;
– receive information and other assistance from the Association during training, including professional development cycles;
– receive complete and accurate information on the Association’s activities;
– submit applications, questions, and suggestions to any body of the Association and receive substantive answers to the above;
– discuss any issues of the Association’s activities, submit any improvement suggestions to the Association;
– receive assistance from the Association to protect own legitimate rights and interests, in activities that meet the Association’s goal on the terms approved by the Board;
– familiarize themselves with the minutes of the Congress and decisions of other governing bodies of the Association;
– voluntarily withdraw from membership in the Association in the manner and under the conditions provided for by this Charter;
– participate in financing of the Association’s programs and activities, either in the form of non-refundable financial assistance, charitable contributions, or based on agreements concluded with the Association or organizations, institutions, or companies established by the Association
3.14. The Members may have other rights provided for by the current legislation, this Charter, decisions of the Congress, the Board, or other internal documents of the Association.
3.15. The Members shall:
– comply with the requirements of the Charter and other regulatory documents of the Association;
– implement the decisions of the Congress and the Board of the Association;
– pay the Membership Fees in a timely manner and in full;
– contribute to the achievement of the Association’s main tasks and goals;
– refrain from actions that harm the Association and prevent other persons from committing such actions;
– provide comprehensive assistance to the Association in the implementation of its statutory purpose;
– strengthen the Association’s authority through own activities;
– notify the Association’s governing bodies of the facts that may affect the Association’s activities and the facts of violation of this Charter;
– bear other duties provided for by the current legislation, this Charter, or internal documents of the Association.
3.16. Citizens of Ukraine, citizens of other states, stateless persons with higher medical, technical, or other education who have ceased their medical and pedagogical practice due to retirement or for other reasons and are enrolled as the Associate Members of the Association as prescribed by this Charter, may become the Associate Members of the Association.
3.17. Associate membership in the Association is granted through an individual application by the decision of the Board of the Association. The decision is approved at the regular Congress of the Association.
3.18. Associate membership in the Association shall be terminated in cases and in the manner prescribed for the Members.
3.19. An Associate Member of the Association shall have the right to:
– freely acquire and terminate their associate membership in the Association on a voluntary basis;
– participate in all events organized by the Association, except as provided for in this Charter;
– have an advisory vote during the Congress of the Association;
– submit proposals to the relevant bodies of the Association regarding the Association’s activities;
– apply to the bodies of the Association for assistance in protecting own rights and legitimate interests directly related to the Association’s activities;
– participate in events organized by the Association and use the services provided by the Association;
– participate in social and charitable assistance provided by the Association.
3.20. An Associate Member of the Association shall:
– in their activities related to the Association, be guided by the Charter and internal regulations of the Association;
– not interfere with the achievement of the goal(s) of the Association’s activities;
– refrain from actions and statements that contradict the Association’s policy, purpose, or goals, or potentially harm its business reputation;
– not violate the rights of other Members, including Associated Members; . ;
– maintain the Association’s authority and business reputation;
– indicate their current contact information (phone numbers, e-mails, etc.) in the associate membership application;
– notify the Association of any changes to their personal data no later than two months after such changes.
3.21. The Associate Members shall not have the right to elect or be elected to the Association’s governing bodies or to participate in the management of the Association.
3.22. The Honorary Members of the Association may be citizens of Ukraine or other countries, who are the recognized leaders in the field of neuroscience and contribute to the Association’s activities.
3.23. The Board of the Association shall have the right to grant the honorary membership in the Association. The number of Honorary Members of the Association shall be limited to 15.
3.24. The Honorary Members of the Association shall have the rights and perform the duties provided for the Associate Members of the Association.
4. ASSOCIATION GOVERNING BODIES FORMATION AND OPERATION PROCEDURE
4.1. The Association shall be governed on the basis of democracy, transparency, election of governing bodies, subordination, and discipline of execution, in accordance with requirements of the Association’s internal documents.
4.2. The Association’s governing bodies shall be the Congress, the Board, and the Control and Review Committee. Meetings of the Association’s governing bodies may be either with direct participation of the Members or in the form of online conferences using audiovisual certified software. The decision on the form of a particular meeting shall be made by the Board of the Association, which shall notify the Members of the respective decision no later than 10 days before the date of such a meeting (Congress, Board, etc.).
4.3. Any meeting of the Association’s governing bodies shall formally result in the Resolution. The form of the meeting shall be specified in the Resolution: if the meeting was held online, the Resolution shall specify the software used.
4.4. The Congress shall be the supreme body of the Association, entitled to make decisions on any issues of its activities, including those within the competence of the Board. Every second Congress shall be held in conjunction with the Congress of Neurosurgeons of Ukraine. All the Association Members shall have the right to participate in the Congress of the Association in person or through their representatives based on a notarized power of attorney.
4.4.1. The regular Congress shall be convened by the Board once every two (2) years. The relevant decision, specifying the date, time, venue and issues to be discussed, shall be communicated to the Members no later than 30 days before the date of the meeting of the Congress on the Association’s website. The Congress shall consider the issues brought to its consideration by the Board, the President of the Association, or the Members
4.4.2. Extraordinary Congresses shall be convened by the decision of the Board or the Control and Review Committee or at the request of at least 10% of the Members. If the Board or the Control and Review Committee makes a decision or if a request is received from at least 10% of the Members, the Board shall hold an extraordinary Congress within 30 days. The decision of the Board of the Association to convene an extraordinary Congress, specifying the date, time, venue, the initiator of the extraordinary Congress and the issues to be discussed shall be communicated to the Members no later than 14 days before the date of the extraordinary Congress on the Association’s website. Should the Board fail to fulfill its obligation to convene an extraordinary Congress; an extraordinary Congress can be convened by the decision of the Control and Review Committee or at the request of the Members. For this purpose, the initiator of the extraordinary Congress shall designate a Member authorized to do so, who shall take all the necessary actions to hold the extraordinary Congress, notify other Members, etc.
4.4.3. The Congress of the Association (ordinary or extraordinary) shall be considered valid if at least 50% of the total number of the Association Members are present. Decisions of the Congress (ordinary or extraordinary) shall be considered adopted if they were voted for by a simple majority of the total number of Members present at the Congress by direct voting. Decisions on the issues specified in clauses 4.4.4.2, 4.4.4.8, 4.4.4.10 need at least 3/4 of the votes of the Association Members present at the Congress.
4.4.4. The Congress shall have the exclusive authority to:
4.4.4.1. identify the Association’s key fields of activity;
4.4.4.2. approve the Association’s Charter and make changes or additions thereto;
4.4.4.3. make decisions on the creation of legal entities;
4.4.4.4. listen to the reports of the President of the Association, the Board of the Association, the Control and Review Committee of the Association and approve the same;
4.4.4.5. approve symbols or other attributes of the Association;
4.4.4.6. approve annual budgets, balance sheets, financial and other reports of the Association’s governing bodies;
4.4.4.7. elect and recall the President of the Association or its Board members;
4.4.4.8. decide to terminate the Association’s activities;
4.4.4.9. determine the amount of Admission, Membership, and other Fees;
4.4.4.10. make decisions on the disposal of the Association’s property and money in the amount of at least fifty percent of the Association’s property value;
4.4.4.11. approve the Board’s decision on the cancellation of the Association’s membership.
4.4.5. The Congress can resolve any issues of the Association’s activities, including those within the competence of other bodies of the Association.
4.4.6. The Congress meetings shall be chaired by the President of the Association or another person appointed by the Board. The progress of the Congress meetings shall be recorded. The minutes of the Congress meetings shall be kept by the Congress Secretary elected by the Congress and signed by the Congress Chairman and Congress Secretary.
4.5. The Association’s Board (“the Board”) shall be the Association’s permanently active governing body between the Congress meetings
4.5.1. The Board shall include the President, the Vice President, the Executive Secretary, the Treasurer, the Advisor to the President, and the Director of the Romodanov Neurosurgery Institute, the National Academy of Sciences of Ukraine.
4.5.2. The Board members shall be elected for the term of office of the President of the Association who proposed to elect them. In the case of early termination of the President’s powers, the term of office of the members of the Board shall be terminated at the moment of election of a new President of the Association.
4.5.3. The first members of the Association Board shall be elected by the Association Congress.
4.5.4. Starting with the second election of the Board, the Board members (except for the President of the Association) shall be approved at the Association Congress on the proposal of the newly elected President of the Association. The composition of the Board shall be approved simultaneously with the election of the President of the Association.
4.5.5. The Board shall hold regular and extraordinary meetings. Regular meetings shall be convened by the President of the Association at least once every 6 months. The Board members shall be notified of the time, place, and agenda of the meeting 10 days before its holding. Extraordinary meetings shall be convened by the President of the Association on their initiative or the initiative of one third of the Board members. The Board meeting shall be legally competent if the majority of its members are present.
4.5.6. All matters within the competence of the Board shall be resolved collegially at the Board meetings. The Board decision shall be valid if the majority of the elected Board members participate in its meeting. Decisions shall be made by a majority vote of the Board members present at the meeting. In case of equality of votes, the vote of the President of the Association shall be decisive.
4.5.7. The Association Board shall be entitled to:
4.5.7.1. ensure the implementation of the Association Congress decisions;
4.5.7.2. develop the agenda of the next Congress, submit changes or additions to this Charter for the consideration of the Congress;
4.5.7.3. convene an extraordinary Congress of the Association in the cases provided for by this Charter;
4.5.7.4. consider submitted Association Membership Applications and Membership Termination Applications;
4.5.7.5. Monitor compliance with the rights and obligations of the Association Members;
4.5.7.6. determine priorities and plans for the current activity of the Association;
4.5.7.7. make decisions on the creation of separate units of the Association;
4.5.7.8. make decisions on cancellation of the Association membership;
4.5.7.9. approve the Association’s annual budget, consider its implementation and estimates of income and expenses;
4.5.7.10. create permanent or temporary committees on individual fields of the Association’s activities and approve regulations on such committees, listen to reports on their work;
4.5.7.11. review and approve moral and material incentives for the Members;
4.5.7.12. discuss issues related to the Association’s participation in the activities of international organizations;
4.5.7.13. consider proposal for the creation of economic structures by the Association;
4.5.7.14. inform the public about the Association’s activities;
4.5.7.15. convene congresses, conferences, and workshops of the Association and Plenums of the Board;
4.5.7.16. Dispose of, within the limits approved by the Congress, the Association’s property and money.
4.6. The Chairman of the Board shall be the President of the Association, who shall manage the Association’s activities between the Board meetings.
4.6.1. The President of the Association shall be elected by the Congress for two (2) years for no more than two (2) consecutive terms.
4.6.2. Any Member may nominate a candidate for the presidency in the Association. The nominations shall be submitted to the Board no later than one year before the next Congress of the Association. The following shall be attached to the nomination for the presidency in the Association:
4.6.2.1 the candidate’s consent to be elected as the President of the Association;
4.6.2.2 the candidate’s background including their education, experience, scientific activity, participation in the Association’s activities, and other necessary information;
4.6.2.3 the candidate’s program;
4.6.2.4 the candidate’s proposed list of the Board members. Documents specified in clauses 4.6.2.1, 4.6.2.2., 4.6.2.5 shall be attached for each candidate for the Board;
4.6.2.5 the candidate’s consent to the collection and processing of their personal data.
4.6.3. Information on submitted nominations for the presidency in the Association with attached documents shall be posted on the Association’s official website for public discussion.
4.6.4. Based on the results of the public discussion, the Board shall select two presidential candidates and include in the agenda of the Association Congress the election of the President from the two proposed candidates.
4.6.5. Voting for the President of the Association shall be done using ballots. The President voting ballot shall also include the composition of the Board according to the list submitted by the presidential candidate.
4.6.6. The candidate with the highest number of votes shall be considered the elected President of the Association. In case of equality of votes, the presidential candidate with a longer term of membership in the Association shall be considered elected. In the event of an equal term of membership in the Association, the elder presidential candidate shall be considered elected.
4.6.7. The composition of the Board according to the list submitted by the elected President shall be considered the approved composition of the Board.
4.6.8. The President of the Association shall:
4.6.8.1. act on behalf of the Association without a power of attorney and represent the Association in its relations with legal and natural persons and state authorities;
4.6.8.2. issue orders, decrees, or other internal regulations and documents;
4.6.8.3. organize the Association’s document management, record keeping, accounting, and reporting;
4.6.8.4. accept, transfer to or remove from another job, and dismiss the Association’s employees, apply incentives and punishments to them, approve the duties of the Association’s employees;
4.6.8.5. resolve any other issues of the Association’s activities in accordance with its goal and main tasks, which are within their competence according to the Association’s internal documents and this Charter;
4.6.8.6. have the right to sign the Association agreements and financial documents;
4.6.8.7. have the right to first sign documents, open, manage, and close bank accounts
4.6.8.8. organize the preparation for the Board meeting;
4.6.8.9. manage the Board activities and report thereon at Congresses and Plenums of the Board;
4.6.8.10. submit extraordinary reports at the request of at least one third of the Association Members;
4.6.9. Decisions of the President shall be formalized in the form of orders or decrees.
4.6.10. The President may be removed from office by the decision of the Congress on the initiative of the majority of the Board members before the end of the term for which they were elected:
– voluntarily;
– in case of repeated violation of the requirements of the Association Charter;
– if by their actions they caused material or moral damage to the Association or its Members;
4.6.11. Should the President fail to begin their duties for more than six (6) months, the Board shall convene an extraordinary Congress to discuss the situation and the issue of the Association’s management.
4.7. In cases of temporary absence of the President, the Vice President of the Association shall perform their duties.
4.7.1. The Vice President of the Association, on behalf of the President, shall represent the Association before authorities and local self-government bodies, natural and legal persons of any form of ownership, and any third parties.
4.8. The Executive Secretary of the Association shall:
4.8.1. prepare the Board meetings and compile prospective and current work plans;
4.8.2. establish and maintain permanent connections with separate units of the Association;
4.8.3. maintain working contacts with all partner organizations in Ukraine and abroad, related to the Association’s activities;
4.8.4. permanently monitor the receipt of money to the Association’s accounts and payments therefrom.
4.9. The Treasurer shall organize the collection and accounting of the Admission and Annual Fees from the Members.
4.10. The Advisor to the President shall advise the latter on issues related to the Association’s activities and act according to the Regulations on the Advisor to the President approved by the Board.
4.11. The Control and Review Committee (three members) shall be elected by the Congress from among the Members for two (2) years. The same person can be a member of the Control and Review Committee for no longer than two consecutive terms. Members of the Control and Review Committee cannot participate in other governing bodies of the Association.
4.12. The Control and Review Committee shall be entitled to:
4.12.1. Supervise the activities of the Board
4.12.2. resolve conflict situations in the Association;
4.12.3. decide to convene an extraordinary Congress of the Association, particularly in case of gross violations of the Charter by the Board or its members;
4.12.4. inspect the activities of the Association’s subjects; institutions or organizations founded by the Association;
4.12.5. make proposals regarding the Association’s financial activities and the use of its assets;
4.12.6. draw up conclusions on the Association’s financial activity and the use of its assets before the Congress approves the annual budgets, balance sheets, financial or other reports of the Association’s governing bodies;
4.12.7. inspect the Association’s financial and economic activities;
4.12.8. submit inspection and audit reports to the Congress for making relevant decisions.
4.13. The Control and Review Committee shall have the right to use for its purposes any competent persons who are not the Members.
4.14. The Control and Review Committee shall report to the Congress of the Association.
4.15. At the first meeting, the Control and Review Committee shall elect from among its members the Chairman of the Control and Review Committee, who shall:
4.15.1. manage the activities of the Control and Review Committee;
4.15.2. convene and preside over the meetings of the Control and Review Committee;
4.15.3. sign the output documents of the Control and Review Committee.
4.16. The Control and Review Committee shall be legally competent if the majority of its members participate in its activities. Decisions shall be made by a majority vote of the members of the Control and Review Committee present at the meeting. In case of equality of votes, the vote of the Chairman of the Control and Review Committee shall be decisive.
5. HONORARY PRESIDENT OF THE ASSOCIATION
5.1. The Honorary President of the Association shall act as a guarantor of the constantly highest efficiency of the Association’s activities and observance of the interests and rights of the Association’s members.
5.2. The Honorary President of the Association shall be the previous President of the Association.
5.3. The Honorary President of the Association shall have the right to:
– represent the Association before authorities and local self-government bodies, natural and legal persons of any form of ownership, or any third parties;
– be present at the Congress and Board meetings;
– speak at the Congress/Board meetings;
– express their opinion on issues considered at the Congress/Board meetings;
– participate in the Association events.
6. GOVERNING BODIES REPORTING PROCEDURE
6.1. In its activities, the Association shall use the principles of self-government, which include the right to independently manage the Association and non-interference by state authorities and local self-government bodies. The Association’s governing bodies shall report to the Members on issues related to the implementation of the powers assigned to them and statutory tasks at the Congress meetings.
6.2. The President shall answer the Members’ requests in writing or by email regarding the activities of the governing bodies and the fulfillment of statutory tasks within 30 days.
6.3. The Board shall provide the Members with ф free access to information on the Association’s activities, including the decisions made and the fulfillment of statutory tasks.
6.4. The President, the Board, and the Control and Review Committee shall be accountable to the Congress of the Association.
6.5. The President and the Board shall report on their activities at least once every two years at the next Congress of the Association.
6.6. The Congress shall decide on approving the report of the President, the Board, and the Control and Review Committee.
7. PROCEDURE FOR APPEALING THE GOVERNING BODIES’ DECISIONS, ACTIONS, OR INACTION AND CONSIDERATION OF COMPLAINTS
7.1. The Association’s governing bodies’ decisions, actions, and inaction can be appealed as prescribed by applicable Ukrainian legislation and the provisions of this Charter.
7.2. Decisions, actions, or inaction of the Association’s governing bodies can be appealed by any Member(s).
7.3. The initial complaint against the actions, inaction, or decisions of the President or a member of the Board shall be submitted to the Control and Revision Commission, which shall consider such complaint at the next meeting, where the Member who filed the complaint as well as the President or a member of the Board the actions, inaction, or decision of which is appealed shall be mandatorily summoned. The complaints shall be mandatorily considered by the Control and Review Committee within 60 days from the date of receipt. Should the complaint be rejected by the Control and Review Committee, a repeated complaint (if any) shall be submitted to the Congress of the Association, which shall consider the complaint at a regular or extraordinary meeting, where the Member who filed the complaint as well as the President or a member of the Board the actions, inaction, or decision of which is appealed shall be mandatorily summoned.
7.4. Decisions, actions, or inaction of the Board can be appealed at the Congress meetings.
7.5. Actions, inaction, or decisions of the Congress can be appealed in the court as prescribed by the legislation in force at the time of appeal of respective actions, inaction, or decisions.
8. SEPARATE UNITS OF THE ASSOCIATION
8.1. The Association may have separate units consisting of at least 3 people, which shall be created by the decision of the Board based on the place of work, study, or residence of the members of a particular separate unit.
8.2. Separate units of the Association shall report to the Board. The decision on termination of activity (self-dissolution, closure) of a separate unit shall be made by the Board in accordance with this Charter.
8.3. Separate units of the Association shall not be legal entities.
8.4. Information on the created separate units of the Association shall be submitted to the authorized registration body at the location of the Association.
8.5. In their activities, separate units of the Association shall be governed by Ukrainian legislation, this Charter, and the regulation regarding the respective separate unit.
8.6. The Association may terminate the activity of its separate unit by decision of its Board.
8.7. A separate unit of the Association shall be headed by its Head, who shall be appointed by the Board for 2 years and act on the basis of a power of attorney. The Head of a separate unit shall be the Member.
8.8. Separate units shall have the right to:
8.8.1. represent the Association within the territory under their powers;
8.8.2. fulfill the Association’s statutory goals and tasks within the territory under their powers, by the authority granted by the Board;
8.8.3. attract new members (participants) using means and tools not prohibited by Ukrainian legislation.
8.9. The Head of a separate unit shall have the right to:
8.9.1. make decisions on the use of the Association’s name and symbols for the fulfillment of the Association’s tasks;
8.9.2. ask the Association’s governing bodies for assistance in the fulfillment of the Association’s tasks;
8.10. The Head of a separate unit shall:
8.10.1. comply with the requirements of the Association Charter;
8.10.2. implement the decisions of the Association’s governing bodies;
8.10.3. not allow actions aimed at violating the honor and dignity of the Members.
8.11. After the termination of the activity of a separate unit, the property and money assigned to the same shall be managed by the Board until the decision on the distribution of such property and money is made by the Congress.
9. PROPERTY AND MONEY OF THE ASSOCIATION
9.1. The property and money necessary for its statutory activities are the property of the Association.
9.2. The Association, to fulfill its statutory goals, shall have the right to own, use, and dispose of money and other property, which, as prescribed by law, was transferred to a public association by its members (participants) or the state, acquired in the form of membership fees, donated by citizens, enterprises, institutions, or organizations, or any property purchased at own expense or temporarily provided for use.
9.3. The Association’s property and money can originate from:
9.3.1. money or property provided free of charge or in the form of irrevocable financial assistance, sponsorship, or voluntary donations;
9.3.2. grants or subsidies received from state or local budgets, state trust funds, international funds, or as part of technical or charitable, including humanitarian, support, except for subsidies for price regulation of paid services provided to such non-profit organizations or through them to their recipients as prescribed by law to reduce respective prices;
9.3.3. charitable contributions and donations by individuals or legal entities, either monetary or in-kind;
9.3.4. The Membership Fees;
9.3.5. sponsorship income and targeted financing of individual programs or grants of international and domestic organizations;
9.3.6. income from charity donation collection campaigns or charity events;
9.3.7. special-purpose receipts for charity programs.
9.4. The money shall be used to fulfill the Association’s statutory tasks and statutory goal.
9.5. The Association and the legal entities (companies, enterprises) created by it shall be responsible for accounting, financial, and statistical reporting, be registered with the tax authorities, and pay mandatory payments to the budget as prescribed by law.
9.6. The received income or part thereof shall not be distributed among the founders (participants) or members or employees (except for their salary and accrual of a consolidated social tax) of an organization, members of management bodies, or other related persons.
9.7. The received income shall be only used for financing expenses to maintain the Association, implement its goal (goals, tasks), and conduct activities defined by its statutory documents.
9.8. The Association shall be liable for its obligations with all property that may be levied under the law.
9.9. The Association’s activities shall be carried out independently and in accordance with the law and shall not be considered commercial.
10. AMENDMENTS AND ADDITIONS TO THE CHARTER
10.1. Amendments and additions to the Charter shall be made by decision of the Congress.
10.2. The decision to introduce amendments or additions to the Charter shall be considered made if at least three-fourths (3/4) of the votes of the Members from the number of Members present at the Congress votes for it.
10.3. Changes to be made to the Association’s statutory documents shall be notified to the authorized registration body as prescribed by law.
11. TERMINATION OF THE ASSOCIATION
11.1. The Association’s activities can be terminated by:
11.1.1. a decision of the Congress, in the manner specified in the Charter, by self-dissolution or reorganization;
11.1.2. a court decision to prohibit (forced dissolution) the Association’s activities.
11.2. The Association shall have the right to decide at any time to terminate its activities (self-dissolution).
11.3. The decision on self-dissolution of the Association shall be made by the Congress by at least three fourths (3/4) of the votes of the present Members. The Congress shall establish a Liquidation Committee or instruct the governing body to exercise the powers of such Liquidation Committee to carry out the termination of the Association as a legal entity and also decide on the use of the Association’s money and property after its self-dissolution in accordance with this Charter.
11.4. In the event of self-dissolution of the Association, its property and money, after meeting the demands of creditors, shall be transferred, by decision of the Congress, for statutory or charitable purposes to another (several other) non-profit public association or, if such a decision is not made, to state or local budget as prescribed by law.
11.5. The Association can be reorganized by the decision of the Congress on the termination of activities due to reorganization as prescribed by law.
11.6. If the Association joins a public union, it shall not be considered as its reorganization and shall not result in the termination of its activities.
11.7. The Association’s activities shall considered terminated on the date of state registration of the termination of a legal entity in the Unified State Register of Corporate and Individual Entrepreneurs and Public Organizations.
11.8. The Association’s activities shall be terminated in accordance with the Law of Ukraine On State Registration of Corporate and Individual Entrepreneurs and Public Organizations.
11.9. Following the termination of the Association’s activities, its assets shall be transferred to one or several non-profit organizations of the appropriate type or added to the budget income, unless otherwise required by law.