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Charter
Of the International Youth NGO “European Youth Parliament - Ukraine”
Kyiv 2002
Article 1. General Provisions
1.1 International Youth NGO “European Youth Parliament – Ukraine” (further –“Organization”) is a voluntary nonprofit nongovernmental youth Organization with international status.
1.2 Organization is a legal person that is formed and acts in compliance with the acting legislation of Ukraine.
1.3 Organization is free to choose the aims and directions of its activities within the frames foreseen by this Statute.
1.4 Organization has been formed according to the decision of the Statutory Meeting from November 10, 2001 (Protocol # 1).
1.5 The name of the Organization in Ukrainian is: Full: “ªâðîïåéñüêèé Ìîëî䳿íèé Ïàðëàìåíò - Óêðà¿íà” Abbreviated: “ªÌÏ - Óêðà¿íà”
In English: Full: “European Youth Parliament – Ukraine” Abbreviated: “EYP – Ukraine”
1.6 The Founders of the Organization are the citizens of Ukraine and foreign citizens, which after the state registration obtain the status of the Members of the Organization.
Article 2. Goal and Objectives of the Organization
2.1 The main goal of the Organization is assisting in broadening the horizons of youth, enabling them to participate in all-European processes of the development of democracy and civil society in Ukraine and protecting legal social, economic, creative, spiritual and other common interests of its members.
2.1.1 The main objectives of the Organization are:
• Representation and protection of its legal interests and of the legal interests of its members in a manner, legally defined in the acting legislature in state and civil bodies; putting forward proposals to the administrative bodies; • Conducting the properly arranged mass events (meetings etc.) with the goal of promoting the development of the democracy and civil society in Ukraine; • Establishing direct international contacts, links, concluding properly negotiated agreements, and participating in activities in compliance with the acting Ukrainian legislation;
2.2 In order to achieve the goal and the objectives of the Organization in a legally correct manner the Organization:
• Arranges nonprofit meetings, seminars, conferences on various problematic issues of the youth; • In a proper manner promotes gathering, processing, exchange and distribution of the youth related information (study abroad etc.) among its members; • Arranges various contests and competitions with a goal of promoting of broadening of the horizons of the Ukrainian youth; • Covers its activities through the Mass Media, and also publishes printed materials, which contain youth scientific research works in different spheres of science and technology through the publishing instruments, established by the Organization; • Establishes international contacts between the youth of different countries; • Arranges and holds nonprofit scientific, cultural and sport activities, involving public Organizations of Ukraine and other countries, Ukrainian and foreign Experts for uniting and consolidating of youth organizations;
Article 3. Legal Status of the Organization
3.1 The Organization is an International Nongovernmental Youth Organization that does not aim to make any profit.
3.2 The Organization obtains the status of a legal person from the moment of its registration in the Ministry of Justice of Ukraine, possesses individual balance, accounts in the banking institutions, stamps, that contain its name, stationary blanks, logo and other requisites, which are affirmed by the Board of the Organization. The symbolic of the Organization are to be registered in a legally correct manner.
3.3 The Organization has the right to conclude any agreements or contracts on its own behalf; hire legal or natural persons based upon contract or any other legal manner aiming to meet the Statutory objectives; set the relationships with state and local administrative organs and public organizations.
3.4 The Organization spreads its activities on the territory of Ukraine and Yugoslavia
Article 4. Membership in the Organization
4.1 The Organization is formed on the basis of the individual membership.
The membership is voluntary.
4.2 An individual member of the Organization is a person with age ranging from 14 to 28 years, that wishes to join the Organization and agrees with the Statutory goal and objectives of the Organization.
4.3 Acceptance of the individual members is concluded according to the decision of the Board upon receiving the written application.
4.4 Cancellation of the membership in the Organization is concluded according to the decision of the Board in case of death of a person, personal intention upon the written request, and in case of the violation of the statutory objectives of the Organization.
4.5 Members of the Organization can voluntarily participate in financing of the programs and activities of the Organization. The money for financing of the particular activities can be transferred as in form of charitable donations and on the ground of the Contract, concluded with the Organization.
4.6 The members of the Organization can use its symbols in compliance with the proper agreements with the Organizations.
4.7 Founders of the Organization obtain the status of the individual members of the Organization after the state registration and possess no advantages over the other members of the Organization.
4.8 Procedure of granting and cancellation of the membership of the Organization and the payment of the membership fees are regulated in the bylaws that are affirmed by the Board.
Article 5. Powers and Obligations of the Members of the Organization
5.1 The members of the Organization have the right to:
5.1.1 Participate in administrating of the activities of the Organization; 5.1.2 Elect and be elected to the executive organs of the Organization; 5.1.3 Participate in defining of the main directions of activities of the organs, as well as any other activities that are run by the Organization; 5.1.4 Discuss any issues related to the statutory activities and make proposals as for improving the overall performance of the Organization; 5.1.5 Properly use office equipment, informational network and database of the Organization; 5.1.6 Terminate the membership in the Organization. 5.2 The members of the Organization are obliged to: 5.2.1 Comply with the requirements of the Statute of the Organization and implement the decisions of the statutory organs of the Organization, that are mandatory for all the members; 5.2.2 Actively participate in statutory activities of the Organization; 5.2.3 Promote the implementation of the decisions of the executive organs.
Article 6. Order of the Formation and Activity of the Statute Organs of the Organization
6.1 The administrative and controlling organs of the Organization are: • General Assembly • President of the Organization; • Board of the Organization; • Auditing Committee of the Organization; • The Board of Directors headed by the Executive Director.
6.2 General Assembly of the Organization. The Board determines the quota of representation.
6.2.1 General Assembly is the highest statutory organ of the Organization. 6.2.2 All the delegates have the right to take part in the General Assembly. 6.2.3 General Assembly:
a) Affirms the Statute, make amendments and add provisions to it; b) Elects the President, Vice-Presidents, members of the Board, and the Head and members of the Auditing Committee for the two year period; c) Discusses and affirms the main directions of activities of the Organization, as well as plans of activities for the current term; d) Affirms the bylaws, that are mandatory for all the members of the Organization, makes amendments and adds provisions to them; e) Arranges hearings and affirms reports of the Board of the Organization regarding the administration of the Organization; f) Affirms the Report of the Auditing Committee regarding the financial state of the Organization; g) Affirms the budget of the Organization, proposed by the Board for the next term; h) Makes decisions regarding dissolution and liquidation of the Organization upon the proposal of the Board; i) Affirms the decisions of the Board regarding the cancellation of the individual membership of the Organization; j) Elects the Chief editors and affirms the Editorial Board of the publicity organs of the Organization; k) Makes decisions regarding the participation of the Organization in the international organizations etc. l) Makes decisions as for establishing the local affiliates and representations of the Organization, affirms relevant to that bylaws; m) Makes decisions regarding the obtaining and disposing of the real estate, enjoys other rights regarding the realization of the property rights on the funds of the Organization; n) Solves issues regarding the activity of the Organization, that have been considered important by the General Assembly;
Decisions are made on the voting basis of the simple majority of the members of the Organization, that participate in the Meeting, except for clauses ”a” and “h”, that are voted for by the qualified majority of ¾ of votes. The General Assembly determines the procedure of election of the executive organs of the Organization. 6.2.4 General Assembly of the Organization is called once a year, extraordinary Meetings are called on the demand of the Board of the Organization or when such is demanded by no less than 15% of the members of the Organization, or on demand of the Auditing Committee. 6.2.5 Members of the Organization are notified about the calling of the General Assembly no later than 14 days before the date of its holding in a manner that is determined by the Board of the Organization. Notification must contain the date, time and place of holding of the Meeting and draft of the agenda. 6.2.6 Final agenda is affirmed at the beginning of the General Assembly of the Organization. 6.2.7 General Assembly enjoys the right of decision making if the Quorum of 51% of its members is properly represented. 6.2.8 Members of the Organization participate in the General Assembly individually or through delegating of their right of participation to the other member of Organization, which should be supported by the proxy note. This note is to be certified either notarially or by the President (Vice-Presidents) of the Organization.
One person cannot possess more than 10 proxies of the other members of the Organization at one time. Each member of the Organization has only one vote,
in case of accepting the proxies of the other members of the Organization – one vote per each proxy. 6.2.9 Board determines the quota of representation and the procedure of the election of the delegates. 6.2.10 The Board of the Organization ensures recording and keeping of the protocols of the General Assemblies.
6.3 President of the Organization
6.3.1 The President of the Organization has the highest authority in the Organization and: a) Serves as the Chairman during the ordinary and extraordinary General Assemblies of the Organization; b) Without special permission represents the Organization in the relationships with the state executive bodies, national and international companies and organizations, including foreign-based and international c) Serves as a Chairman on the ordinary and extraordinary meetings of the Board of the Organization; d) Executes the general management of the Organization; e) Executes the general control over the staff activities, makes the decisions regarding the hiring and dismissing of the staff members of the Organization; f) Opens and closes the bank accounts; g) On behalf of the Organization reports on the held activities for the past year; h) Solely distributes the duties between the members of the Organization; i) Upon the decision of the General Assembly concludes the agreements regarding the acquiring and disposal of the real estate property of the Organization; j) Within the scope of his authority manages the property of the Organization in compliance with the acting legislation and decisions of the General Assembly and the Board of the Organization; k) Hires the Executive Director and Chief Accountant of the Organization and dismisses them from their positions; l) Executes other functions that are defined in this Statute and acting legislation.
President of the Organization can delegate part of his authority to one of the Vice-Presidents (has to be agreed with the Board), which is to be made out by the written decision or order, and in case of necessity – by the power of attorney.
6.3.2. President is elected by the General Assembly according to the procedure set by the General Assembly of the Organization. 6.3.3. The term of the authority of the President is two years.
6.4.
Board of the Organization
Board of the Organization serves as the highest administrative organ during the period between the General Assemblies.
6.4.1 Board, headed by the President, regulates the daily activities of the Organization. Activities of the Organization are regulated by this Statute and Bylaws on the Board that are affirmed by the General Assembly of the Organization. 6.4.2 Board of the Organization:
a) Helps the President in the sphere of general management of the Organization; b) Defines the main directions of activity of the Organization that are affirmed by the General Assembly of the Organization; c) Coordinates the implementation of the daily and future plans of activity of the Organization; d) Drafts the amendments and additional provisions to the Statute, that are to be affirmed by the General Assembly of the Organization; e) Drafts and presents for the affirmation of the General Assembly the bylaws of the Organization, relevant to them amendments and additional provisions; f) Defines the structure and amount of entrance and membership fees that is to be affirmed by the General Assembly of the Organization; g) Affirms the yearly Report of the Organization and passes it for viewing of the General Assembly; h) Accepts the individual members to the Organization; i) In terms of the budget, affirmed by the General Assembly, defines the principles of using the funds and staff schedule of the Organization; j) Calls for ordinary and extraordinary General Assembly and makes the necessary arrangements for holding them, involving the staff members of the Organization; k) Forms the delegations for the international conferences and conducts the activities regarding their preparations etc; l) Makes the decisions regarding the cancellation of the membership of the Organization, that is to be affirmed by the highest body of the Organization; m) Affirms the samples of the symbolic and the membership card of the Organization; n) Organizes the control over the activities of other legal establishments, created by the Organization; o) Solves other controversial issues that are not defined to be in the exclusive competence of the General Assembly and are included in the acting legislature, this Statute and decisions of the highest body of the Organization. Such decisions are to be presented in the form of protocol. Based on the made decisions, the President of the Organization issues orders, that are mandatory for all the leadership and the staff members of the Organization;
6.4.3 Board is made up of the President, two Vice-Presidents and three members of the Board, which are elected by the General Assembly according to the procedure defined by the General Assembly of the Organization. The term of authority of the members of the Board is two years. 6.4.4 Ordinary meetings of the Board are called no less than two times per quarter, extraordinary meetings are called upon the initiative of the President, demand of the Auditing Committee or Executive Director of the Organization. Meetings of the Boards are legal when no less than four members of the Board are present. 6.4.5 The members of the Board must be notified about the upcoming meeting of the board no less than seven days before the meeting including the place, time and the agenda of the meeting, if it wasn’t decided on the previous meeting of the Board. Notification of the extraordinary Meeting that is called to solve urgent issues can be sent by telegram, telephone or fax three days before the date of the Meeting. It is possible to make decisions on the urgent issues by means of surveying of the members of the Board and exchange of fax or electronic messages. Decision which is made in such a manner must be recorded and affirmed on the next meeting of the Board. 6.4.6 Board makes its decision by open simple majority voting of the present members of the Board. In the event of the equal distribution of the votes, the decision that was voted for by the President of the Organization (or person substituting the President during the time of his/her absence) is affirmed. Delegated votes, certified in a manner defined by the Board, are also taken during the voting process. Written delegation note must be dated, signed and confirmed by the President of the Organization (or person substituting the President during the time of his/her absence) and is only valid for one Meeting. One member of the Board can be given only one delegation note. 6.4.7 Board of the Organization can create working committees; define their structure and competence in order to implement the statutory activities. The committees must report to the Board of the Organization. 6.4.8 President of the Organization arranges recording and keeping of the protocols of the Meetings of the Board of the Organization. Protocols are signed by the President and the Secretary of the Meeting and are kept in the order, determined by the Board. 6.4.9 The members of the Board, that have not participated in half of the regularly called Meetings of the Board during one year, are to be expelled from the members of the Board and reelected on the next General Assembly of the Organization.
6.5 Auditing Committee
6.5.1 Auditing Committee, which is made of members of the Organization, that are not the members of the Board of Executive Direction of the Organization, executes the control over the statutory activities of the Organization and other establishments created by it. 6.5.2
Auditing Committee is elected and reelected by the General Assembly of the Organization according to the specially defined by it procedure. The Auditing Committee is made of three persons for the term of two years. 6.5.3 Auditing Committee enjoys the right to involve independent experts (auditors) upon agreeing with the President of the Organization and using the funds of the Organization. 6.5.4 The functions of the Auditing Committee are revision of the yearly budget and balance of the Organization, and also other issues that are related to the control over the statutory activity of the Organization and created by it establishments. 6.5.5 Auditing Committee
• Exercises control over the statutory activity of the Organization; • Checks the maintaining of the financial discipline by the members of the Organization; • Helps the Executive Director and Chief Accountant of the Organization in calculating the proposals for the budget of the Organization for the upcoming financial year, that are to be reviewed by the Board of the Organization; • Makes the revision of the statutory activities of the establishments solely created by the organization, and forwards the results of the revision for the review of the General
Meeting and Board of the Organization.
6.5.6 Auditing Committee enjoys the right to demand presenting of all the necessary documents, accounting and other documents and personal explanation from the staff members of the Organization and establishments created by it. 6.5.7 In case of determining the abuse of the power by the staff members of the Organization and created by it establishments or existence of the circumstances that endanger the interests of the Organization, the Auditing Committee has a right to hold extraordinary General Assembly of the Organization, that must be called within thirty days after making such a demand to the Board of the Organization. 6.5.8 Auditing Committee reports to the highest body of the Organization and coordinates its own activities with the Board of the Organization. 6.5.9 Auditing Committee records the protocols of its meetings.
6.6 Executive Direction of the Organization
6.6.1 Executive direction of the Organization is the organ that organizes and coordinates the daily activities of the Organization regarding the implementing of its statutory objectives, decisions of the General Assembly and the Board of the Organization under control of the President and the Board. Executive Direction is headed by the Executive Director, which is assigned by the President of the Organization upon agreeing with the Board. 6.6.2 Executive Director solely distributes the functions between the members of the Executive Direction. 6.6.3 Executive Director of the Organization:
• Ensures implementation of the daily and perspective plans of activity of the Organization; • Organizes the actual activities of the Organization, that is done for the purposes of implementing of the decisions of the General Assembly and the Board of the Organization and presents the report about implementing these activities; • Manages the funds of the Organization according to the principles, defined by the Board of the Organization in terms of the affirmed budget and authority; • Represents the Organization in the relationships with the executive state bodies, national and foreign companies, organizations, including international; • Enjoys the right of signing of the agreements on the issues of economic activities and financial documents of the Organization limited by the authority, given by the Board and the President of the Organization; • Executes other functions, defined in the acting legislation of Ukraine, this Statute, decisions of the General Assembly and the Board of the Organization.
President upon agreeing with the Board can delegate part of his authority regarding the economic activities involving managing property and funds of the Organization to the Executive Director.
6.6.4 Decisions of the Executive Director are presented in form of the Orders and are mandatory for all the staff members of the Organization.
6.7. The scope of activity of the Organization includes the territory of Ukraine by means of creating the local affiliates. This Statute and their bylaws rule their activities. The General Assembly of the local affiliate passes relevant bylaws. In order to gain the status of the legal person they must register in the legally defined manner.
6.7.1. The Organization spreads its activity on the territory of other countries by means of establishing of the representatives. The representatives legalize their activity according to the legislature of the countries of their location.
Article 7. Property and the Funds of the Organization
7.1
The sources of forming of the property and funds of the Organization are: 7.1.1
Funds or other property that was contributed to the Organization by its founders, members or the state in the legally established manner; 7.1.2 Grants, charitable donations, sponsor contributions and membership fees, donations of any natural or legal persons in compliance with the acting legislature;
7.2 The funds of the Organization can be used only to achieve the goal and objectives defined in this Statute and are not to be distributed among the members of the Organization.
7.3 The Organization is to provide the necessary accounting, statistical data, register in the organs of the State Taxation Administration and make payments to the state in a manner and amounts, established by legislation.
Article 8. Termination of Activity
8.1 Termination of the activity of the Organization
8.2 Upon reorganization of the Organization all the rights and obligations are to be transferred to the successors.
8.3 Liquidation of the Organization is performed by the Liquidation Commission, which is assigned by the organ that made a decision of liquidation. Liquidation Commission receives all the powers of administrating the Organization from the moment of assignment of the Liquidation Commission.
8.4 The Liquidation Commission is obliged to publish the announcement of the liquidation and procedure and terms for creditor’s claims in the official publishing medium. The Liquidation Commission informs the creditors and persons that have the contractual relationships with the Organization in a written form.
8.5 The Liquidation Commission estimates the real property of the Organization, locates the debtors and creditors and makes all the transactions with them, calculates the liquidation balance, plans and proposes it to the organ, that had made a decision of the liquidation, for affirmation.
8.6 Property and funds of the Organization in case of its liquidation are to be directed to the public organizations with similar statutory objectives or for the State benefit.
Article 9. Amendments and Additional Provisions
9.1
Amendments and additional provisions that were made to the statutory documents of the Organization, are affirmed on the General Assembly meetings with the qualified majority voting (3/4) of the present members, and to be notified to the registering organ within five days.
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