STATUTE
OF THE PUBLIC ORGANIZATION
PROFESSIONAL ASSOCIATION CHILDREN’S
ANALYTICAL PSYCHOLOGISTS
EDRPOU code 34477225
Kyiv – 2020
1. General provisions.
1.1. The public Organization “PROFESSIONAL ASSOCIATION CHILDREN’S ANALYTICAL PSYCHOLOGISTS,” (hereinafter referred to as the Organization) is a public Organization (registered by the Kyiv City Department of Justice on June 27, 2006, under No. 0133-2006 G.O. and entered in the Unified State Register under No. 1 069 120 0000 008206), which unites citizens of Ukraine, foreign citizens, and stateless persons who are legally residing in Ukraine, based on common interests for the implementation of the goals and objectives set forth in these Bylaws, free choice of areas of activity, established and operating in accordance with the Constitution of Ukraine, the Law of Ukraine “On Public Associations,” other legislative acts of Ukraine, and this Statute.
1.2. A public Organization is a public association whose founders and members (participants) are individuals, created and operating on the principles of voluntariness, self-government, free choice of territory of activity, equality before the law, absence of property interests of its members (participants), transparency, openness, and publicity.
1.3. The Organization is a non-profit Organization whose main purpose is not to make a profit.
1.4. The Organization has the status of a local public Organization that extends its activities to the territory of the city of Kyiv. The Organizational and legal form of the Organization is a public Organization.
1.5. Full name of the Organization in Ukrainian: ГРОМАДСЬКА ОРГАНІЗАЦІЯ «ПРОФЕСІЙНА АСОЦІАЦІЯ ДИТЯЧИХ АНАЛІТИЧНИХ ПСИХОЛОГІВ»;
The Organization’s name in English: “PROFESSIONAL ASSOCIATION CHILDREN’S ANALYTICAL PSYCHOLOGISTS”
1.6. Abbreviated name in Ukrainian: NGO “PADAP”;
Abbreviated name in English: “PAChAP”.
1.7. The Organization acquires legal entity status after state registration in accordance with the procedure established by law.
1.8. The Organization has property, an independent balance sheet, accounts in banking institutions, its own symbols, seal, stamps, and other attributes, samples of which are approved by the Presidium of the Organization. The symbols are registered in accordance with the procedure established by law.
1.9. The Organization enters into legal relations with state authorities and local self-government bodies, legal entities, and individuals on its own behalf, may acquire rights and assume obligations, and may act as a plaintiff and defendant in court.
2. Purpose and areas of activity of the Public Organization.
2.1. The main purpose of the Organization is to unite the efforts of its members in promoting the development of child analytical psychology in Ukraine and protecting their common interests.
2.2. The main areas of activity of the Organization (in accordance with the procedure established by law and within the limits of the competence granted by current legislation) are:
2.3. To achieve its goals and carry out its activities, the Organization, in accordance with the law:
If any type of activity requires obtaining the necessary permits, the Organization shall commence such activity only after obtaining the required permits. The Organization has the right to achieve its goals by entering into voluntary cooperation and/or mutual assistance agreements with other public associations, forming public unions in accordance with this Law, as well as in other ways not prohibited by law. The Organization may cooperate with foreign non-governmental Organizations and international governmental Organizations in compliance with the laws of Ukraine and international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine.
3. Procedure and conditions for acquiring and terminating membership (participation) in a public Organization.
3.1. The Organization has fixed individual membership. Membership in other Organizations does not preclude membership in the Organization.
3.2. The founders of a public Organization may be citizens of Ukraine, foreigners, and stateless persons who are legally residing in Ukraine and have reached the age of 18, and in the case of youth and children’s public Organizations, the age of 14. A person who has been declared legally incompetent by a court may not be a founder of the Organization. The powers of the founder of a public association shall terminate after the state registration of the Organization in accordance with the procedure established by law.
Members of the Organization may be citizens of Ukraine, foreign citizens, stateless persons who have reached the age of 14, who share the statutory goals and objectives of the Organization, participate in its activities and events held by the Organization, pay their entrance and periodic membership fees on time and in full, and also:
3.3. Persons who are familiar with the rules and format of the Organization’s work and are interested in fulfilling the requirements for candidates may become candidates for membership in the Organization. Interested persons should contact the Organization in writing and submit the following documents:
Members of the Organization review the submitted documents within two months. During this period, the candidate is scheduled for an interview, based on the results of which a decision is made.
A candidate for membership in the Organization shall have the right to:
3.4. The decision to admit members to the Organization, based on the applications submitted, is made by the Presidium of the Organization.
3.5. Termination of membership in the Organization is possible in the following cases:
3.6. The amount of initial and periodic membership fees shall be determined by the Presidium of the Organization.
3.7. Members of the Organization have the right to:
3.7. Responsibilities of a member of the Organization:
4. Procedure for the formation and activities of the governing bodies of the Public Organization and their powers.
4.1. Structure of the governing positions of the Organization:
|
name |
composition and procedure |
Competence and subordination |
|
General meeting of members |
Members of the NGO (their representatives) Convened at least once a year |
Highest governing body of the NGO Convened by decision of the Presidium. Have the right to dismiss any member of the Presidium ahead of schedule if there are objective reasons for doing so. |
|
Presidium |
Elected every three years from among the members of the NGO in a number of at least four persons |
Executive body of the NGO Manages the NGO between general meetings of NGO members. It is directly subordinate to the General Meeting of members of the NGO and accountable to the President. The work of the Presidium is directed by the President. |
|
President
|
Elected every three years from among the members of the NGO. |
Exercises general management of the current activities of the NGO. He/she manages the Presidium of the NGO. Subordinate to the general meeting of NGO members. |
|
Vice President |
Elected every three years from among the members of the NGO, has the first right to be elected to the position of President. |
In the absence of the President, exercises general management of the current activities of the NGO and manages the Presidium of the NGO. Subordinate to the general meeting of NGO members. |
|
Secretary |
Elected every three years from among the members of the NGO. |
Subordinate to the President (Vice-President) and the general meeting of NGO members. |
|
Treasurer |
Elected every three years from among the members of the NGO. |
Subordinate to the President (Vice-President) and the general meeting of NGO members. |
4.2. The highest governing position of the Organization is the General Meeting of the Organization’s members (hereinafter referred to as the General Meeting).
4.3. The General Meeting of the Organization shall be convened at least once a year.
4.4. The General Meeting of the Organization shall be convened by decision of the Presidium of the Organization.
4.5. An extraordinary General Meeting of the Organization shall be convened by decision of the Presidium of the Organization, at the request of the President, the Audit Commission, or at the request of at least 10% of the members of the Organization, which shall be communicated by means of communication. If the request of the members of the Organization to convene a General Meeting is not fulfilled, these members have the right to convene the General Meeting themselves.
4.6. The General Meeting of the Organization is authorized to decide on the issues submitted for its consideration if at least 60 percent of the total number of members of the Organization are present at the meeting.
4.7. The President, or in his absence, the Vice-President of the Organization, shall preside over all meetings of the General Meeting of the Organization.
The President, or in his absence, the Vice-President of the Organization, shall submit the agenda for consideration by the members present at the General Meeting. After hearing reports on the agenda items, decisions shall be made by voting, and based on the results of the vote, the decisions made by the General Meeting of the Organization shall be recorded in the minutes, signed by the Chair and the Secretary of the meeting, and shall be binding on all officials and members of the Organization.
The decision-making procedure of the Highest governing structure of the Organization may be carried out by means of a poll, including through the use of communication means.
The issue for voting and the draft decision shall be sent (communicated) by the President (or, in his absence, by the Vice-President) to all members of the Organization, who shall, within 10 days of receipt, notify their decision in writing or by means of communication. Within 10 days of receiving notification from the last member of the Organization, all members shall be informed by the President (or, in his absence, the Vice-President) of the decision taken, including by means of communication.
4.8. The General Meeting of the Organization shall have exclusive competence to consider the following issues, decisions on which shall be taken by at least 3/4 of the total number of members present at the General Meeting:
Decisions on other issues shall be made by a simple majority of the members present at the General Meeting of the Organization.
4.9. The Presidium of the Organization manages the Organization between General Meetings of the Organization. The Presidium is the executive structure of the Organization. It is directly subordinate to the General Meeting and accountable to the President.
4.10. The structure and composition of the Presidium of the Organization shall be determined by the General Meeting of the Organization. The first composition of the Presidium shall be determined by the Constituent Assembly.
Members of the Presidium of the Organization are elected by the General Meeting of the Organization for a term of three years and may be recalled early only by decision of the General Meeting of the Organization or at their own request by submitting the relevant applications to the Presidium of the Organization.
4.11. The number of members of the Presidium of the Organization is determined by the General Meeting of the Organization, but may not exceed five persons in the first year of the Organization’s operation and ten persons thereafter.
4.12. The work of the Presidium of the Organization is managed by the President of the Organization.
In the event that the President of the Organization is temporarily unable to perform his duties for valid reasons, he shall be replaced by the Vice-President of the Organization.
4.13. Meetings of the Presidium shall be held at least once a quarter and shall be convened by the President, who shall notify all members of the Presidium of the time and place of the meeting.
4.14. The Presidium of the Organization is authorized to make decisions on issues within its competence, provided that at least 50% of the total number of members of the Presidium are present at its meeting.
4.15. Decisions at meetings of the Presidium of the Organization on all issues are made by a simple majority of votes of the Presidium members present and are recorded in minutes signed by the President and the Secretary of the Presidium.
4.16. The following issues fall within the competence of the Presidium of the Organization:
Reports on the activities of the Presidium shall be prepared in writing and submitted to the President once a quarter and to the General Meeting of members once a year.
4.17. The President of the Organization is the highest official of the Organization, elected by the General Meeting of the Organization for a term of three years.
The President of the Organization has the right to leave his post early by submitting a corresponding application to the Presidium of the Organization.
4.18. The President of the Organization shall independently manage the current activities of the Organization, guided by the current legislation of Ukraine, these Statutes, and the decisions of the General Meeting and the Presidium of the Organization.
4.19. The President of the Organization represents the Organization in relations with state authorities and government bodies, local self-government bodies, state and non-state enterprises, Organizations and institutions, as well as individuals.
He/she has the right to sign documents issued on behalf of the Organization and has the right to use the Organization’s seal.
The President of the Organization independently recruits employees of the Organization, concludes employment agreements with them, and determines the amount of remuneration and material compensation for employees of the Organization.
4.20. The Presidium of the Organization has the right to authorize the President of the Organization to make decisions on certain issues within the competence of the Presidium of the Organization.
4.21. The President of the Organization has the right to independently consider and make decisions on all operational issues of the Organization’s activities that do not fall within the exclusive competence of the General Meeting of the Organization and the competence of the Presidium of the Organization, has the right to sign financial documents, and exercises operational management of the Organization’s property and funds.
4.22. The President of the Organization is subordinate to the General Meeting of the Organization’s members. Reports on the current activities of the Organization shall be prepared by the President in writing and submitted to the General Meeting of the Organization’s members once a Year.
4.23. The Vice-President of the Organization is elected by the General Meeting of the Organization from among the members of the Organization for a term of three years and is subordinate to the General Meeting of the Organization’s members.
The Vice-President of the Organization shall perform all the functions of the President of the Organization during the period of temporary inability, for valid reasons (vacation, business trip, sick leave, etc.), of the latter to perform his official duties.
The President of the Organization has the right to entrust the Vice-President of the Organization with the performance of some of the functions that fall within the scope of the President’s powers.
The Presidium of the Organization also has the right to assign the Vice President to manage certain areas of the Organization’s activities that fall within the scope of the President’s powers or relate to the competence of the Presidium of the Organization.
4.24. A person may be elected President or Vice-President of the Organization, elected to the Presidium of the Organization, designated as a person authorized to represent the Organization for registration purposes, or designated as a person authorized to represent the Organization, subject to their personal consent.
4.25. The Audit Commission is the control and audit body of the Organization, designed to verify compliance by the Organization, its bodies, and officials with the requirements of the current legislation of Ukraine, the established rules for the implementation and documentation of financial transactions by public Organizations, and the correctness of accounting, financial, and tax accounting in the Organization.
4.26. The Audit Commission shall act in accordance with this Statute and the Regulations on the Audit Commission, which shall be approved by the General Meeting.
The Audit Commission, consisting of three members, is elected by the General Meeting of the Organization from among the members of the Organization for a term of three years.
The Audit Commission shall be competent if its meetings are attended by ½ of its members and all items on the agenda are voted on unanimously.
The work of the Audit Commission is managed by the Chair of the Audit Commission, who is elected by the General Meeting of the Organization from among the members of the Organization for a term of three years.
Members of the Presidium, the President, and the Vice President of the Organization may not be members of the Audit Commission.
Early re-election of members of the Audit Commission is carried out on their initiative or on the initiative of the General Meeting of the Organization.
The Audit Commission conducts regular annual audits (in December of each year) of the Organization’s activities, as well as extraordinary audits at the request of the General Meeting and the Presidium of the Organization.
The Audit Commission of the Organization reports to the General Meeting of the Organization on the results of the inspections and audits conducted, stating the necessary measures to eliminate the violations identified.
4.27. Decisions, actions, and inaction of the President and the Presidium of the Organization may
be appealed to the Audit Commission. Such complaints shall be considered at meetings of the Audit Commission within 30 days of receipt. Based on the results of the consideration of such complaints, the Audit Commission may suspend the implementation of actions or decisions of the President and the Presidium of the Organization until the General Meeting is held. Complaints against the decisions, actions, and inaction of the Audit Commission shall be considered at the next General Meeting.
5. Procedure for appealing decisions, actions, and inaction of the governing bodies of the Public Organization and for considering complaints
5.1. Decisions, actions, and inaction of the President and Presidium of the Organization may
be appealed to the Audit Commission. Such complaints shall be considered at meetings of the Audit Commission within 30 days of receipt. Based on the results of consideration of such complaints, the Audit Commission may suspend the actions or decisions of the President and Presidium of the Organization until the General Meeting.
5.2. Complaints against the decisions, actions, and inaction of the Audit Commission shall be considered at the next General Meeting.
6. Funds and property of the Public Organization.
6.1. The Organization may own funds and other property necessary for the implementation of its statutory activities.
6.2. The Organization acquires ownership of funds and other property transferred to it by its founders, members, or the state, received from admission and membership fees, donated by legal entities and individuals, as well as property acquired at its own expense and on other grounds not prohibited by the current legislation of Ukraine.
6.3. The Organization shall have the right to property and funds acquired as a result of economic activities, created by the Organization of self-supporting institutions and Organizations, as well as established enterprises.
6.4. The funds and property of the Organization shall be used exclusively to finance its maintenance expenses, to implement its statutory goals, objectives, and areas of activity, as well as for charitable purposes.
6.5. It is prohibited to distribute the income (profits) received by the Organization or part thereof among the founders (participants), members of the Organization, employees of the Organization (except for the payment of their labor, the accrual of a single social contribution), members of the governing bodies of the Organization, and other persons related to them.
6.6. In the event of the Organization’s self-dissolution, the General Meeting of the Organization shall, at its last meeting, determine the procedure for using the funds remaining after satisfying the claims of creditors and the state, in accordance with the current legislation of Ukraine.
6.7. The Organization shall exercise its property rights in accordance with the current legislation and the provisions of this Statute.
6.8. The property of the Organization consists of fixed assets and material values reflected in the independent balance sheet and accounting records of the Organization.
7. Control and reporting.
7.1. The Organization, as well as the institutions, Organizations, and enterprises it has created, are required to maintain operational and accounting records, statistical reports, register with the state tax inspection authorities, and make payments to the budget in the manner and amounts provided for by the current legislation of Ukraine.
7.2. State control over the activities of the Organization is exercised by state structures (the public authorities that legalized the Organization,prosecutors, the state tax inspection, etc.) in the manner prescribed by the current legislation of Ukraine.
7.3. The Organization shall submit declarations of its income and expenses to the state financial authorities in accordance with the procedure established by law.
8. Separate divisions of the Public Organization.
8.1. The Organization may have separate divisions, which are formed by decision of the General Meeting of the Organization’s members, in accordance with the charter, in the manner prescribed by the Law of Ukraine “On State Registration of Legal Entities, Individuals – Entrepreneurs and Public Formations.”
The basis of the Organization is its separate divisions, which are created on a territorial basis (by place of work, study, or residence) with at least three members. Separate divisions of a public association are not legal entities; they are formed and operate on the basis of the Organization’s charter. Separate divisions of the Organization may have their own regulations if provided for in the Organization’s Statute. The regulations on a separate subdivision of the Organization contain information about the name of the separate subdivision, the names of the governing (and, if necessary, regulatory) authorities, the procedure for election (appointment), the term of office, and the list of powers of the governing (and, if necessary, controlling) authorities. The regulations governing a separate division of the Organization may not contradict the laws and the charter of the Organization.
8.2. The procedure for the creation, operation, and termination of separate divisions of the Organization is the exclusive competence of the General Meeting of its members. Decisions on their creation are made in accordance with this Statute.
8.3. Separate divisions shall be guided in their activities by this Statute and the Regulations adopted by their higher governing authorities and approved by the Presidium of the Organization. Separate divisions shall use the property of the Organization within the limits determined by the General Meeting and the Presidium of the Organization.
8.4. All separate divisions are directly subordinate to the Presidium of the Organization. The decision to terminate the activities (close) a separate division is made by the General Meeting of the Organization’s members in accordance with this Statute.
9. Procedure for termination of the activities of the Public Organization.
9.1. Termination of the Organization’s activities shall be carried out through its reorganization (merger, accession, division, transformation) and self-dissolution.
9.2. Termination of the Organization shall be carried out on the basis of a decision of the General Meeting of the Organization’s members, if at least 3/4 of the Organization’s members vote in favor of it, or in accordance with a court decision that has entered into legal force.
9.3. Reorganization of the Organization shall be carried out on the basis of a decision of the General Meeting of the Organization.
9.4. Termination of the Organization shall be carried out in accordance with the procedure established by the current legislation of Ukraine, by a self-dissolution commission appointed by the General Meeting of the Organization or by a court.
9.5. In the event of termination of the Organization through its reorganization (merger, accession, division, transformation) and self-dissolution, the assets remaining after satisfying the claims of the state and creditors shall be transferred to another or several other non-profit Organizations of the corresponding type or credited to the budget revenue.
9.6. In the event of the transformation of the Organization into another public Organization, as well as in the event of the reorganization of the Organization, the property, rights, and obligations of the Organization shall be transferred in full or in part to the newly created legal entities that are its successors, in accordance with the current legislation of Ukraine.
9.7. Termination of the Organization as a result of its self-dissolution or transformation shall be deemed to have taken place from the moment of entry of a record thereof in the unified state register.
10. Procedure for preparing the Organization’s documents and amending the Statute.
10.1. Amendments and additions to this Statute shall be approved by a decision of the General Meeting of the Organization’s members and shall be considered adopted if they are voted for by at least 3/4 of the total number of members present at the General Meeting and shall be subject to mandatory state registration in accordance with the procedure established by law.
10.2. Amendments to information about the Organization as a legal entity contained in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations shall be made in accordance with the procedure provided for by the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs, and Public Organizations,” taking into account the peculiarities defined by the Law “On Public Associations”.
10.3. The decision of the authorized management body of the Organization, which is submitted for state registration of changes to the information about the Organization contained in the Unified State Register, shall be made in writing, bound, numbered, and signed by the Chair and Secretary of the General Meeting. The charter shall be drawn up in writing, bound, numbered, and signed by the founders (members), persons authorized by them, or the Chair and Secretary of the General Meeting (if such a decision is made by the General Meeting, except in the case of the establishment of the Organization as a legal entity).
10.4. The Organization shall notify the authorized registration authority where its registration file is located of any changes to the Organization’s charter, changes in the composition of the Organization’s governing bodies, changes in the person (persons) authorized to represent the Organization, and changes in the Organization’s location.