Vinnytsia Regional Association of Local Self-Government Bodies

Regulations

an unofficial translation

 

CHARTER OF VINNYTSIA REGIONAL ASSOCIATION OF LOCAL SELF-GOVERNMENT BODIES

 

  1. General provisions.

1.1 VINNYTSIA REGIONAL ASSOCIATION OF LOCAL SELF-GOVERNMENT BODIES (further – Association) is a voluntary non-profit association of local councils to more effectively implementation of their powers, coordination of local self-government actions to protect the rights and interests of local communities of the territories, facilitate their socio-economic and cultural development.

1.2 The Association is created for an indefinite period; it has a local status and spreads its activity through the members of the association, its authorities for the whole territory of Vinnytsia region.

1.3 The Association works on the principles of legality, voluntariness, equality of members, self-governance and autonomy in determining the directions of its activity, openness and publicity.

1.4 The Association  works by the Constitution of Ukraine, the European Charter of Local Self-Government, Laws of Ukraine “On Associations of Local Self-Governments”, “On  Local Self-Government in Ukraine”, “On Cooperation of Local Communities”, “On Principles of Public Regional Policy”, other legislative acts of Ukraine and this Statute and also decisions made by authorities within their powers.

1.5 Relations of the Association with public authorities, local self-governments, their associations, enterprises, organizations and institutions, political parties, public organizations are based on the principles of equality and mutual respect, in accordance with the existing legislation and on the basis of cooperation agreements which do not contradict existing legislation.

  • Full name of the Association:

in English:

  • VINNYTSIA REGIONAL ASSOCIATION OF LOCAL SELF-GOVERNMENT BODIES.

Short name:

in English:

1.7 The Association acquires legal personality status from the moment of its state registration in the manner established by the Law of Ukraine “On state registration of legal and individual entrepreneurs”.

1.8 The Association has current accounts in banks, a form, a signet with its own name and other details.

1.9 Location of the Association: Soborna Street, 72, Vinnytsia, 21001.

 

  1. The aim and the tasks of the Association.

2.1 The aim of the Association is to promote the development of strong local self-government as the basis of a united, sovereign, independent, democratic Ukrainian state, to implement effectively their powers by local councils of Vinnytsia region, to promote local and regional development, to coordinate the actions of protection the rights and interests of local communities.

2.2 The main task of the Association is a promotion of:

– protection of the rights and interests of territorial communities of the region, their inhabitants and local self-government bodies;

– decentralization of power and the implementation of the reform of local self-government in Ukraine and in Vinnytsia region;

– expansion of the powers of local self-government bodies of the region;

– clear division of powers between local self-government bodies at various levels and between local self-government bodies and local executive bodies of the region;

– formation of financially and economically capable communities of the region, ensuring their constant development;

– voluntary association of territorial communities of villages, towns and cities in the region;

– increasing of activity of local communities and local self-government bodies with regard to development of villages, towns and cities in the region and prosperity of their inhabitants;

– decentralization of finance and strengthening the material-financial basis of local self-government;

– establishment of effective self-government at the level of a district and a region, creation of executive bodies of district and regional councils;

– further implementation of strategic development of villages, towns and cities in the region;

– regulation of powers of self-government bodies about management of municipal property;

– expanding the functions of local self-government bodies with regard to administrative services;

– expanding relations and creation an effective mechanism of information exchange between local communities, local self-government bodies;

– interregional cooperation between local self-government bodies;

– carrying out activities as to teaching deputies of local councils, training, retraining and advanced training of officials of local self-government bodies;

– informational, methodical and legal support of local self-government bodies;

– introduction of modern forms of  governance (creation and filling websites of local communities, village, town and city councils, implementation of e-governance, a system “electronic-village”);

– attracting extra budgetary resources, including grant funds and foreign investments for infrastructure development of territorial communities of the region;

– insurance of state guarantees of local self-government, rights of communities with regard to self-solving the problems of local importance;

– cooperation of local self-government bodies with public, trade union and other organizations and associations;

– development of cooperation with international organizations, regional structures of foreign self-government and their associations.

2.3 With the aim to cooperate with international and foreign organizations, international non-governmental and community organizations, to implement the statutory tasks of the Association, appropriate agreements can be concluded.

2.4 The Association solves other issues within the current legislation of Ukraine.

2.5 In the process of implementing its objective and tasks, the Association does not interfere in the activities of local self-government bodies, does not assume any of their responsibilities and does not limit their activities.

2.6 It is not allowed to create fractions on political grounds in the Association.

 

  1. Powers and rights of the Association.

3.1 Powers of local self-government development:

– joint efforts of local self-government bodies – members of the Association to protect their rights and legal interests, to solve common problems for local communities;

– analysis of development problems of local self-government in the region;

– continuous monitoring of the projects of normative-legal acts in the area of local self-government, pending the President of Ukraine, Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, study the attitude of local self-government bodies of the region to such projects;

– preparation and submission for consideration, in due course, conclusions, proposals for projects of normative-legal acts on decentralization of power in Ukraine and reform of local self-government in terms of the interests of local self-government bodies in the region;

– cooperation with Ukraine MPs elected from Vinnytsia region, to lobby for the passage of bills aimed at strengthening legal, organizational, material and financial bases of local self-government in Ukraine;

– raising of awareness and informing the public about events in the system of local self-government in the region;

– consultations, round tables, seminars and conferences involving local self-government bodies, local executive bodies,  public on local self-government issues, local and regional development;

– synthesis and dissemination of best practices of work of local self-government bodies in the region;

– providing of consultations and legal assistance to officials of local self-government bodies – members of the Association in the implementing of their powers;

– methodical and informative assistance to local self-government bodies –  members of the Association on local self-government, local and regional development, working out of local communities statutes, regulations of local councils,  provisions of the executive bodies of village, town and city councils, self-organization bodies etc.;

– promotion of professional development of officials working in local self-government bodies, training deputies of the local councils in the region, development of training, retraining and advanced training of local self-government bodies;

– preparation of proposals in regard to the structure and the state of executive bodies of village, town and city councils, the executive staff of district and regional councils, and also wage conditions of their employees;

– formation of a database on the activities of local self-government bodies, in order to exchange experiences on the implementation of effective management systems;

– coordination of  the members’ activities of  the Association within the statutory powers;

– preparation and submitting of applications for violations of rights and interests of local communities, local self-government bodies and their officials;

– protection of the interests of local communities at the request of local self-government bodies – members of the Association of socially important issues;

– participation in consultations with local regional branches of national associations of local self-government bodies and local executive bodies;

– development and implementation of programs aimed at cooperation with associations of local self-government of other regions in Ukraine, participation in joint activities with them;

– promotion of establishment of inter-regional and international cooperation of local self-government bodies – members of the Association of the self-governing bodies of other regions of Ukraine and abroad.

3.2 Powers to promote the socio-economic development of local communities:

– assistance in the preparation and implementation of strategies for sustainable development of local communities in the region and other regional and local socio-economic development, local self-government support and cooperation;

– assistance in solving common for territorial communities socio-economic problems, identifying financial and economic capacity of communities;

– assistance to local self-government bodies – members of the Association in drafting their decisions on budget issues, socio-economic and cultural development programs, preservation and development of social institutions of local communities, introduction of energy saving technologies institutions;

– facilitation of voluntary association of local communities in accordance with the current legislation of Ukraine;

– participation in consultations with local executive bodies on projects of regional and local socio-economic development;

– assistance in analyzing and forecasting socio-economic development of local communities;

– participation in consultations with local executive bodies on indicators of regional  budget’s project in the part of investment subventions’ allocation for socio-economic development of territories and other programs;

– participation in consultations with executive bodies on indicators of local budget’s projects;

– fostering a favorable investment environment in the local communities of the region;

– providing local self-government bodies – members of the Association methodical assistance in preparation and implementation of investment projects;

– development of relations with national and international organizations on participation in grant projects, aimed at developing local self-government of the region;

–fulfillment of administrator’s functions of the regional and other competitions, projects of development of local communities, including organizing and conducting peer reviews of candidate projects;

– participation in grant projects, related to development of local self-government in the region, as a grantee or a partner.

3.3 Powers to analytical and information activity:

– analysis of local self-government, as well as political, economic and other factors affecting its development in general. Preparation of analytical materials, information on the status and needs of the local self-government bodies in the region;

– participation in the examination of legal, economic, financial and other issues;

– organizing and conducting scientific, practical and international conferences, seminars, trainings, round tables on local self-government issues;

– analysis of the needs in the study of self-government’s officials and local councils’ deputies of the region, determination of the priority directions for the development of educational programs, forms and terms of their education;

– elaboration, preparation and publishing of scientific, methodical and information guides and other periodicals on local self-government;

– carrying out of surveys and studies to provide statistics on local communities in the region;

– promulgation through the official website of the Association about its activity, dissemination of information about the status and problems of local self-government’s development in the region, setting up of interactive contact with local self-government bodies – members of the Association.

3.4 Powers to organizational activity:

– elaboration and implementation of long-term plan of the Association in the context of local self-government’s reform and decentralization of power in Ukraine;

– improving the organizational structure of the Association, attraction of new members, fulfillment of the Association’s members their statutory requirements;

– holding of the annual General meeting of the Association, meetings of the Board of the Association and other authorities of the Association;

– organization of consultations with the heads of local self-government bodies, local executive bodies to discuss urgent issues, related to the reform and development of local self-government;

– participation in events, hold of consultative-deliberative bodies on local and regional development’s issues, established at local self-government bodies, local executive bodies in the region;

– participation in civic, parliamentary hearings, conferences, forums on local self-government’s issues, local and regional development;

– organization and conducting of internships, exchange programs for representatives of local self-government bodies – members of the Association to promote better self-governing and management experience;

– implementation of other powers within the Charter of the Association and the current legislation of Ukraine.

3.5 To achieve its statutory objective and fulfill its tasks, the Association has in due course the right:

– to take part in civil-law relations, to acquire property and non-property rights;

– to represent and defend its legitimate interests, the legitimate interests of its members in court, law enforcement, justice, public authorities, advocacy, enterprises, institutions, social organizations and other associations of Ukraine’s citizens, foreign and international governmental and non-governmental organizations;

– to carry out independent public discussions and social opinion polls on the actual issues of local self-government;

– to participate in shaping of public opinion through appearances in the media and other means not prohibited by law;

– to apply to the authorities with proposals for statutory activities;

– to receive from the authorities the information necessary for the implementation of the Association’s objective, goals and tasks;

– to support international relations, to participate in international events, projects and programs, that do not contradict international obligations of Ukraine;

– to spread information and promote its ideas and goals;

– to establish media, enterprises, institutions, organizations, including foundations, regional development agencies and social support for local self-government’s officials, needed to fulfill the statutory tasks and achieve a goal.

3.6 The Association may be a member of other associations, organizations, unions, including international ones, by decision of the Association’s Board …

 

  1. Terms of membership in the Association, the rights and obligations of its members, the representation of the Association’s members, the procedure for accepting new members, reasons and forms of members’ responsibility in case of failure their statutory obligations.

4.1 Members of the Association can be local self-government bodies of Vinnytsia region (village, town, district and city councils and Vinnytsia regional council), in case of adoption of a relevant decision, follow the regulations of this Charter, pay membership fees and participate in the implementation of statutory tasks.

4.2 Membership in the Association is voluntary.

4.3 Representation of the Association’s members in its governing bodies is carried out by village, settlement, city head, the head of district and regional council or any other person, authorized by respective council.

4.4 Admission to membership is carried out by the Board of the Association on the basis of a decision of the respective council. The decision of the Board on membership is adopted, if it receives more than half voices of the Board’s members.

4.5 Association’s member has the right:

– to take part in solving questions related to the activities of the Association, the General meeting and as a part of its administration in the manner prescribed by this Charter;

– to participate in all events held by the Association;

– according to the respective decision of the members of the Association’s Board to attend and participate on behalf of the Association in meetings of local self-government bodies and executive bodies on issues related to local and regional development;

– to obtain information about the activities of the Association’s governing bodies;

– to elect and be elected to the governing bodies of the Association;

– to submit proposals about the Association’s activity;

– to receive methodical, legal and informational assistance in matters relating to the interests of local communities and local self-government bodies;

– to initiate amendments to this Charter in due course;

– to cease membership in the Association in due course in accordance with this Charter and current legislation of Ukraine.

4.6 Association’s members must:

– further the implementation the objective and realization of the goals and tasks of the Association;

– fulfill the decisions of the governing bodies of the Association within their powers;

– provide informational and statistical data to management bodies that are required to fulfill the statutory tasks of the Association;

– timely and fully pay membership fees;

– prevent the Board to terminate membership in the Association no later than three months before the withdrawal.

4.7 The member of the Association may at any time terminate membership by the decision of respective meeting. This decision is reported in due course to the Board of the Association.

4.8 Representation of the Association in authorities, other organizations, including international, is carried out by its Chairman or head of the Seсretariat, as well as persons, authorized bodies of the Association in accordance with this Charter.

4.9 Membership is terminated after the relevant decision of the Board of the Association. This decision is reported within five days to the appropriate local self-government body.

4.10 Membership may be terminated in the following cases, if a member of the Association:

– does not participate during the year in the activities of the Association;

– does not comply with the requirements for payment of membership fees;

– commits acts, that harm or discredit the Association, violate the Charter of the Association.

 

  1. Governing bodies.

5.1 Governing bodies and structure of the Association are:

– General Meeting of authorized representatives of local self-government bodies –members of the Association (further – General Meeting);

– Board of the Association.

Permanent executive body is the Secretariat of the Association.

The control body is the Audit Committee of the Association.

5.2 The governing bodies of the Association and their officials in the exercise of their powers liable under the legislation of Ukraine.

5.3 The powers of the officials of the Association are early terminated:

– their voluntary resignation;

– the decision of the General Meeting of the Association;

– the decision of the local council, which they represent.

 

  1. Order of formation and organizational forms of activities of the Association’s governing bodies, their competence, decision-making rules.

6.1General Meeting of the Association.

6.1.1 The highest body of the Association is the General Meeting of authorized representatives of local self-government bodies – members of the Association convened at least once a year. The decision about convocation of the General Meeting, the list of issues (agenda) are adopted by the Board of the Association or at the request of 1/3 members of the Association.

6.1.2 General Meeting is held openly and publicly.

6.1.3 General Meeting is authorized if more than half of the authorized representatives of local self-government bodies – members of the Association of the total members participate in it.

6.1.4 Voting at the General Meeting is held on the principle: one member of the Association – one vote.

6.1.5 The decision of the General Meeting is adopted, if it is supported by more than half of the voting members of the Association, who participate in the General Meeting.

6.1.6 The information about convocation of the General Meeting with the mentioned date, time and place of their meeting, the agenda are brought to notice of the Association’s members no later than 10 (ten) days before the meeting.

6.1.7 Any member of the Association has the right to submit proposals for the agenda of the General Meeting not later than 5 (five) days before their convocation. The decision of including these proposals to the agenda is made by the Board of the Association.

6.1.8 For solving urgent issues the notification of changes in the agenda is brought to notice of the members of the Association not later than 2 (two) days before the General Meeting.

6.1.9 In some cases, if the interests of the Association demand it, changes to the agenda of the General Meeting may be made during its meeting. Herewith, changes in the agenda are made by voting present authorized representatives of the General Meeting.

6.1.10 Minutes of the General Meeting are signed by the chairman and secretary of the General Meeting and kept at the Secretariat of the Association.

6.1.11 Copies of minutes and extracts from them are provided on request of any member of the Association (their authorized representatives) within three working days of receipt of the written request.

6.1.12 In case, if the General Meeting, which were convened in accordance with paragraph 6.1.6, had no right to make decisions due to lack of quorum, which states in paragraph 6.1.3 of the Charter, the Board determines new date, time and place of the General Meeting without using the terms of the information message of Association’s members.

6.2 General Meeting:

– approve the Charter of the Association, make amendments to it;

– approve the agenda of the General Meeting;

– determine the main directions, view and approve long-term programs of the Association’s activities;

– form number and structure of the Association’s Board;

– elect and recall the Chairman of the Association, the First  Vice Chairman and Vice Chairmen of the Association;

– determine the number of members and elect and recall members of the Audit Committee;

– set the size and order of payment of annual membership fees;

– consider and approve the reports of the Chairman, the Board and the Audit Committee;

– make decision on liquidation or reorganization of the Association;

– approve the Association’s budget for the next financial year;

– make other decisions on the activities of the Association.

6.2.1 The General Meeting may make decisions on any matters of the Association’s activities, including those that refer within the Charter to the Board or the Secretariat of the Association.

6.3 The Board of the Association.

6.3.1 The Board of the Association is a governing body, which is created operative to resolve the issues between sessions of the General Meeting. The Board makes decisions on all matters of statutory activities of the Association, which are not within the exclusive competence of the General Meeting.

The Board is a permanent governing body of the Association, which represents the interests of the Association’s members and protects their rights.

The Board is a permanent governing body of the Association, which represents the interests of its members and protects their rights between the General Meetings.

6.3.2 The Board organizes every-day work of the Association, controls and regulates the activities of the Secretariat of the Association within the powers defined by this Charter.

6.3.3 The members of the Board are elected by the General Meeting for the duration of representative mandate of the relevant self-government body – a member of the Association. The representatives of all levels of self-government bodies of the region (of village, settlement, city, district and regional council) are obligatory elected to the Board.

The Board consists of the Chairman, the First Vice Chairman and Vice Chairmen of the Association.

6.3.4 The members of the Board can’t be employees of the Secretariat of the Association, the Chairman and members of the Audit Committee of the Association.

6.3.5 The work of the Board is operated by the Chairman of the Association. The decision about convocation of the Board, agenda, date, time and place of its meeting are accepted by the Chairman of the Association.

6.3.6 The meeting of the Board is held, when it is necessary, but at least once a quarter. The Board’s meeting is valid, if it is attended by more than half of its members. The Head of the Secretariat and the Chairman of the Audit Committee of the Association take part in the Board’s meetings with the right of an advisory vote.

6.3.7 The competence of the Board includes:

– approval of annual and quarterly work plans – of the Board and the Secretariat of the Association;

– approval of the report’s project on the work of the Board of the Association and its submission for approval to the General Meeting;

– making decisions on audits of the Association’s activities by the Audit Committee;

– appointment and dismissal of the Head of the Secretariat on the proposal of the Chairman of the Association;

– approval of structure, limiting number, staff list, salaries for the employees of the Secretariat on the proposal of the Chairman of the Association;

– making decisions on the admission of new members and termination of membership in the Association;

– approval of seal’s samples, stamp, form and symbols of the Association, which are registered in the legally established order;

– initiating amendments to this Charter in due course;

– approval of the description and order of symbols’ use, the position of the merits of the Association;

– making decisions on awarding by merits of the Association etc.;

– making decisions of the General Meeting’s convocation, determination of the agenda’s draft and consideration of proposals for changes to the agenda’s draft, the  resolution’s draft to be submitted for approval by the General Meeting;

– controlling of financial-economic activities of the Secretariat;

– analysis of annual and quarterly reports of the Head of the Secretariat and other executive structures of the Association;

– establishment and liquidation of sections, unions, centers and other bodies of the Association, approval of the regulations on them;

– making decisions on joining the other associations, organizations, unions, including international ones;

– making decisions on the establishment of media enterprises, institutions, organizations, including agencies, foundations of regional and local development and social support of employees  of the self-government bodies in due course,  provided by the current legislation and this Charter;

– making decisions on the conclusion of memorandums and other agreements of cooperation;

– making decisions on granting non-repayable financial assistance to local communities, local self-government bodies, community organizations and other enterprises, institutions, organizations for the implementation of the statutory tasks of the Association;

– amending the budget of the Association in the period between the General Meeting;

– making decisions on other matters, that are not within the exclusive competence of other governing bodies of the Association.

6.3.8 In voting, each member of the Board has one vote. The decisions of the Board are made by a simple majority of those present members of the Board. In case of equality of votes, the vote of the Association’s Chairman is decisive.

6.3.9 On the initiative of the Association’s Chairman, if there are specific reasons that require promptness, the Board’s decisions may be made by interviewing the members of the Board following the confirmation of the made decision in written form.

6.3.10 The decisions of the Board are formed by minutes, their keeping duties are assigned to an employee of the Secretariat.

6.3.11 Minutes of the Board’s meeting are signed by the Chairman of the Association and kept in the Secretariat.

6.3.12 Copies of minutes and extracts from them should be provided at the request of any member of the Board (or their authorized representatives) within three working days of receipt of the written request.

6.4 Chairman of the Association.

6.4.1 Chairman of the Association is the highest official of the Association.

6.4.2 Chairman of the Association is elected by the General Meeting for a term of validity of the representative body’s mandate of local self-government body, renewable for another term.

Chairman of the Association may be elected an authorized representative of local self-government body – a member of the Association, which is a deputy of one local council – a member of the Association.

6.4.3 Chairman of the Association realizes its powers on a voluntary basis.

6.4.4 The Chairman has the following powers:

– submits proposals for the approval of the General Meeting for the main activities of the Association;

– organizes activities of the Board of the Association and enforcement of the General Meeting;

– without a warrant represents the Association in relations with public authorities, local self-government bodies, enterprises, organizations and institutions, NGOs and trade unions, international and foreign organizations;

– holds the meetings of the Board and the General Meeting;

– signs the decisions of the Board and the General Meeting;

– signs on behalf of the Association agreements and contracts;

– on the decision of the Board provides for approval at the General Meeting the budget’s draft  of the Association for next financial year;

– submits to the General Meeting proposals for nominations of the First Vice Chairman, the Vice Chairmen of the Association, the staff of the Board, early termination of powers of the Board’s members;

– submits for approval of the Board proposals for the structure, staff number of the Secretariat, the candidates of the Head of the Secretariat of the Association and setting him and Secretariat’s employees salaries, additional payments and bonuses, that are provided in the agreements (contracts) between the Head of the Secretariat and the Chairman of the Association, the Head of Secretariat and employees of the Secretariat;

– initiates amendments to this Charter in due course;

– reports to the General Meeting on the activities of the Board between meetings.

6.4.5 Powers of the Chairman of the Association may be terminated prematurely by the decision of the General Meeting in the following cases:

– voluntary resignation;

– loss of the representative mandate of the local council’s deputy;

– termination of membership in the Association of local self-government body, which it represents;

– violation of the Charter of the Association.

6.4.6 In case of absence or early termination of the Chairman of the Association, his powers under the decision of the Board for the period until the General Meeting, performs the First Vice Chairman and in case of his absence – one of Vice Chairmen.

6.4.7 The First Vice Chairman and the Vice Chairman of the Association are elected by the General Meeting by the Chairman of the Association for the period of validity of a representative mandate of the relevant local self-government body and exercise their powers on a voluntary basis.

6.4.8 Vice Chairmen of the Association coordinate the activities of the working bodies of the Association, prepare some questions for consideration at the General Meeting and the Board, perform missions of the General Meeting, the Chairman of the Association, the Board and exercise other powers under the Charter.

6.4.9 The question of early termination of office of the First Vice Chairman and Vice Chairmen of the Association may be initiated by the Chairman of the Association, the Board, on their own initiative or at the request of at least one third of the authorized representatives of the Association.

6.5 The Audit Committee of the Association.

6.5.1 The Audit Committee of the Association controls compliance with the requirements of the Charter by governing bodies and their officials, execution of the General Meeting’s decisions, financial-economic activities of the Secretariat.

Members of the Audit Committee are elected by the General Meeting from among the authorized representatives of local self-government bodies – members of the Association for the period of representative mandate’s validity of the relevant local self-government body.

The member of the Audit Committee may be revoked by the decision of the General Meeting. In this case, the General Meeting elects a new member of the Audit Committee.

Members of the Board, the Head of the Secretariat and Secretariat’s staff may not be members of the Audit Committee.

6.5.2 The number of the Audit Committee’s members is confirmed by the General Meeting.

The work of the Audit Committee is led by the Chairman, who is elected by the members of the Audit Committee from among them.

The Chairman of the Audit Committee (or on behalf of him a member of the Committee) may participate in Board meetings with the right of an advisory vote.

6.5.3 The meeting of the Audit Committee is valid if it is attended by more than half of the members of the Audit Committee.

In voting, each member of the Audit Committee has one vote. Decisions of the Audit Committee are considered adopted, if they receive more than half of those present at the meeting of the committee’s members, and they are protocolized and signed by all present members of the Audit Committee.

In case of votes’ equality the deciding vote is a vote of the Chairman of the Audit Committee.

6.5.4 Inspections of the Association’s activities are held by the Audit Committee:

– by the decision of the General Meeting;

– by the decision of the Board;

– by the own initiative of the Audit Committee;

– at request of at least one third of the Association’s members.

6.5.5 During inspections all the materials, accounting or other documents, and personal explanations of officials and employees of the Secretariat of the Association are provided to the Audit Committee.

6.5.6 The Audit Committee of the Association conducts verification of the statutory activities of the Association at least once a year.

6.5.7 The Audit Committee reports to the General Meeting. The Audit Committee reports about the results of its inspections to the Board, the General Meeting and the members of the Association, which initiated the inspection.

6.5.8 The Audit Committee is obliged to call an extra General Meeting in case of threats to statutory objectives of the Association or detection of abuse that are perpetrated (committed) by officials of the Association.

6.6 The Secretariat.

6.6.1 The Secretariat is an executive body of the Association. Its structure, staff list are approved by the Board of the Association.

6.6.2 The main functions and powers of the Secretariat are:

– maintenance of effective activities and implementation of the statutory and current legislation tasks and powers by the Association;

– planning and carrying out necessary organizational measures: the General Meeting of the Association, the Board meetings, forums, conferences, days of dialogue with local authorities, seminars, etc .;

– comprehensive analysis of the problems of local self-government, monitoring and assessments, compliance with legislation on local self-government issues, decisions of local self-government bodies, orders and instructions of local executive bodies, preparation of conclusions and proposals to them;

– a dialogue with the regional council, regional state administration, local authorities in order to represent and protect the interests of its members;

– preparation and participation in working out of strategies, projects, programs of local and regional development, attraction of investments for communities’ development, innovative technologies, extrabudgetary, grant and other financial, material-technical resources;

– participation in coordination of local self-government bodies’ activities and executive authorities on the formation and implementation of regional policy and regional development strategies, proposals to incorporate with the challenges and opportunities of communities and individual territories in the region;

– fostering of the financial capacity of local communities, their voluntary association and effective using of new opportunities of self-government reform and decentralization;

– implementation of human rights work, aimed at providing legal support to Association’s members, officials, deputies of local councils to protect their rights and legitimate interests;

– promotion of a professional corps of officials of local self-government bodies and introduction of modern forms and methods of local management, preparation of specialists for communities’ association, doers of additional functions in connection with decentralization and local self-government’s reform;

– collection and creation of a database on effective ways and positive achievements of local self-government bodies in the region, the country and abroad, using various forms and methods for their dissemination and implementation in practice of the Association members’ activities;

– informing of the Association’s members on the activities of the Association, legislative changes for development and activities of self-government bodies, referential, consultative, methodical and other materials using existing communication capabilities;

– active information work using the present regional media, social networks and own possibilities to enhance the reputation and authority of the Association, the growth of its influence on the territory of the region;

– establishment of business relationship and cooperation with national and regional associations, unions, agencies, formed by local self-government bodies, local executive authorities, foreign and international organizations that deal with issues of local self-government;

– preparation of a budget’s project and expenditures of the Association for the next year, making them for consideration and approval of the Board, the General Meeting and providing their implementation;

– implementation on behalf of the Association the function of the owner of means and property;

– development of material-technical base of the Association, ensuring of effective using of it to perform statutory tasks and powers by the Association;

– implementation, on behalf of the Meeting and the Board of the Association, of other functions and powers.

6.6.3 The Secretariat is headed by the Head of the Secretariat, appointed (on a contract basis for a period not exceeding the term of tenure of local councils – members of the Association) and dismissed by the Board of the Association.

6.6.4 The Head of the Secretariat of the Association:

– organizes and provides the work of the Secretariat in accordance with its functions and powers, monthly, quarterly and annual plans;

– directs the work to increase the financial capacity of communities, to promote their voluntary association and the effective using of their economic and financial capacity of  the local self-government bodies’ reform and decentralization; to involve maximum investments for communities’ development, innovative technologies, extra budget, grants and other financial and material-technical resources; to  introduce the local self-government bodies’ activities  and to develop local communities by positive domestic and international experience;

– provides legal support and protection of the rights and interests of the Association’s members, their officials, deputies;

– works on establishment and functioning, based on using of advanced Internet- technologies, electronic communication and sustainable corporate communication network to ensure effective communication between members of the Association, efficient and timely informing them on the activities of the Association;

– works out and submits for approval by the Board of the Association proposals on the structure, staff list, salaries, additional payments and bonuses to employees of the Secretariat;

– works out regulations on structural units of the Secretariat, organizes and supervises their implementation;

– leads the Secretariat, appoints and dismisses employees of the Secretariat, works out job instructions for them, encourages and disciplines;

– provides official and financial-economic activities of the Secretariat, the target budget implementation, enforcement, labor regulations and schedule of employees of the Secretariat;

– in coordination with the Board of the Association manages the finances and assets of the Association, is a manager of the funds and loans, on behalf of the Association concludes necessary agreements and contracts, opens bank accounts;

– attracts fee or free of charge for development of programs, projects of local and regional development, scientific-methodical materials, examinations and other activities of scientists, experts, consultants, educational and scientific institutions, NGOs;

– represents the Association in relations with authorities, business, public, international and foreign entities;

– organizes studies, professional training courses for employees of the Secretariat;

– works on  increasing of members of the Association;

– provides organizational support for the convening and conducting of the Meeting and the Board of the Association;

– promotes the work of the Audit Committee;

– provides formation and preservation of the documents of the Association;

– controls the obtaining of membership fees from members of the Association;

– is responsible for the implementation of decisions of the General Meeting and the Board of the Association;

– submits claims and litigations on behalf of the Association to enterprises, institutions, establishments, organizations and citizens in accordance with current legislation;

– exercises other powers within this Charter and the decisions of the General Meeting and the Board of the Association.

6.6.5 The requirements of employment law are spread on the Secretariat’s employees.

The contract between the Head of the Secretariat of the Association and the Association is signed by the Chairman of the Association considering the requirements of current legislation of Ukraine.

The contract between the employee of the Secretariat and the Association (the Secretariat) is signed by the employee and the Head of the Secretariat considering the requirements of current legislation of Ukraine.

6.6.6 Coordination of the activities of sections, unions, centers, agencies and other bodies of the Association, their informational, organizational and material-technical support are relied on the Secretariat of the Association.

 

  1. Sources of income and using of funds and other property of the Association, the procedure of reporting and monitoring.

7.1 The sources of funds and assets of the Association are:

– membership fees;

– target contributions to the implementation of certain measures and individual projects (assignment of the local budgets of the Association’s members);

– charitable contributions and sponsorships of individuals and entities that collaborate with the Association, in cash and in-kind;

– funds or property received free of charge or as non-repayable financial assistance;

– voluntary donations, gifts, inheritance, free transfer of objects that come from entities and individuals;

– income from use of intellectual property of the Association;

– funds and property received in the order of compensation for the cost of services provided under the legislation for institutions and organizations, established by local self-government bodies that are held by the respective budgets;

– budgetary subsidies;

– passive income, dividends, insurance payments and reimbursements, as well as royalties;

– funds received from self-supporting organizations, founded by the Association;

– funds received for implementation and of realization of grant projects;

– funds received as compensation for expenses related to the fulfillment of the functions of the administrator of the call for proposals of local communities’ development;

– other sources not prohibited by the legislation.

7.2 Assets and funds of the Association are its property. The property of the Association may be building, constructions (residential and non-residential fund), equipment, vehicles, inventory, property of industrial, cultural- educational and recreational purposes, land plots, funds, stocks, other securities and other property necessary for material-technical support of the statutory activities of the Association.

7.3 Property and funds of the Association are used exclusively to carry out its statutory powers and cannot be directed at a different target.

7.4 In case of termination of membership in the Association property and funds, transferred to the Association’s property by its members, are not returned.

7.5 The Association uses the services of financial institutions, bookkeeping and established state reports, pays taxes according to the current legislation, forms and keeps archives.

7.6 The Association is not liable for the obligations of its members, legal entities, the founder of which it is, and members of the Association and these entities are not liable for the obligations of the Association.

7.7 Income (profit) of the Association is used exclusively to finance expenditures for the maintenance of the Association, to realize the objective (goals, tasks) and directions of the activities determined by the constituent documents.

7.8 It is prohibited the distribution of revenues (profits) or their part among the founders, members of the Association, employees (except payment for their work, accrual of a single social contribution),  members of governing bodies and other related to them persons.

 

  1. Size and order of payment of membership fees.

8.1 The size and order of payment of membership fees are determined by the General Meeting separately for village, settlement, town (separately for towns of district and regional significance), district councils and the regional council.

8.2 Association’s members pay membership fees annual in due date. The size of membership fees for the current year and the term of their payment are determined taking into account the financial condition of its members, inflation and so on.

 

  1. Procedure for approval and use of symbols of the Association.

          9.1 Own symbols of the Association are approved by the Board, registered in accordance with current legislation of Ukraine and used on the form of the Association.

9.2 The symbols are portrayed on printed and advertising-informative products, videos, photographs that are published (made) by the Association or in its order.

  1. Procedure for amending the Charter of the Association.

10.1 Amendments to this Charter may be on the initiative of any member of the Association, the Chairman or the Board of the Association.

The Board of the Association at its meeting considers the amendments’ draft to the Charter and approves the decision’s draft to amend the Charter, which is submitted for approval by the General Meeting.

Amendments to the Charter are subjected to mandatory state registration in order prescribed by current legislation of Ukraine.

10.2 Amendments to the constituent documents of the Association are subjected to mandatory state registration by appropriate amending to the records of the Unified State Register.

10.3 After the state registration of amendments to the Charter the Association is obliged to publish in printed media, that publishes information on state registration of legal entities, an announcement about changing its name.

 

  1. Order of termination of the Association. Solving property issues in case of its liquidation.

11.1 The Association is terminated through its reorganization (merger, joining, separation, transformation) or liquidation.

11.2 Reorganization of the Association is adopted by the decision of the General Meeting in accordance with its Charter. The state registration of a newly formed association (associations) is in accordance with current legislation.

11.3 Liquidation of the Association is carried out in cases stipulated by its Charter or by the court’s decision in cases determined by legislation. Liquidation committee is appointed by the body that made the decision on liquidation.

11.4 Termination is possible on the decision of the General Meeting if this decision is supported by 2/3 of the members of the General Meeting.

11.5 Along with the decision on liquidation of the Association, the General Meeting make a decision on use of the property and assets of the Association remaining after all necessary calculations (salaries for employees, commitments to the budget, banks and other creditors) at the statutory objectives and the liquidation committee is appointed.

11.6 In case of Association’s termination (as a result of its liquidation, merger, separation, joining or transformation) the transfer of assets is shared among one or more non-profit organizations of appropriate type or credited to the income budget.

11.7 In case of liquidation of the Association the documents are transmitted to archival institutions of Vinnytsia region.

11.8 In case of termination of the Association it is subjected to exclusion from the Register of Associations of local self-government bodies and the Unified State Register of legal entities, individual entrepreneurs and community groups.

 

This translation is made by the Center for Promotions, External Relations and Fundraising