“Approved”

By the Decision of the General Meeting of Members

Minutes No. 2 dated 08/15/2023

 

 

 

 

CHARTER

OF THE PUBLIC ORGANIZATION

“HUMAN RIGHTS LABORATORY”

(new edition)

identification code 45124919

 

 

 

Ukraine- 2023

 

1. GENERAL PROVISIONS

THE PUBLIC ORGANIZATION “HUMAN RIGHTS LABORATORY” (hereinafter referred to as the Organization) is a voluntary association created to protect the rights and satisfy the interests of the Organization’s members in all spheres of life.

Name of the Organization:

full in Ukrainian – PUBLIC ORGANIZATION “HUMAN RIGHTS LABORATORY”, abbreviated as NGO “HUMAN RIGHTS LABORATORY”;
proper name in English: “HUMAN RIGHTS LABORATORY”, abbreviated as “HUMAN RIGHTS LAB”.

The Organization’s activities are guided by the Constitution of Ukraine, the Civil Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine “On Public Associations”, the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations”, other current legislation of Ukraine and this Charter. The legal basis for the Organization’s activities are also regulatory documents and decisions of a general nature adopted by the Organization within the limits of their statutory powers and are binding on all members.

The Organization is a non-profit association, the main purpose of which is not to make a profit. The Organization is free to choose the areas of its activities and operates on the principles of voluntariness, self-government, free choice of the territory of activity, equality before the law, absence of property interest of its members (participants), transparency, openness and publicity.

2. LEGAL STATUS OF THE ORGANIZATION

The Organization’s activities are of a public nature, which is manifested in its interaction with state authorities, local governments, enterprises, institutions, organizations of various forms of ownership, establishment of partnership relations with other public organizations, movements, foundations registered in Ukraine or abroad, citizens of Ukraine, foreigners and/or stateless persons.

The Organization acquires the status of a legal entity from the moment of its state registration in accordance with current legislation, has its own seal, stamps and forms with its name and accounts in banking institutions. The Organization may have its own symbols (emblem, flag), which are subject to registration in the manner established by law.

From the moment of state registration, the Organization has the exclusive right to use its name, including the name set out in a foreign language or the language of a national minority.

To achieve its goal and fulfill its statutory tasks, the Organization, in accordance with the procedure established by current legislation, has the right:

To be a participant in civil law relations, to acquire property and non-property rights in accordance with the legislation.
To represent and protect its legitimate interests and the legitimate interests of its members or other persons in any state authorities, including courts, law enforcement agencies, local government bodies, enterprises, institutions and organizations of all forms of ownership and subordination.
To freely disseminate information about its activities, to promote its goal (goals).
To ideologically and organizationally support other associations of citizens, to provide assistance in their creation and conduct of their activities.
To publish scientific and methodological results of the Organization’s activities; to conduct information and explanatory work.
To receive, in accordance with the procedure established by law, public information held by public authorities and other managers of public information.
To participate in the organization and financing, as well as independently hold conferences, seminars, competitions, lectures, round tables, consultations, creative events, tournaments, contests and other events related to the statutory activities of the Organization, with the involvement of representatives of the public, state authorities and local self-government bodies, experts from various spheres of public life, including international ones.

To receive assistance in the form of funds or property received free of charge in the form of membership fees, non-refundable financial assistance, donations, grants and to independently decide on their use in accordance with the provisions of this Statute and the legislation of Ukraine.

To carry out, in accordance with the procedure prescribed by the current legislation, the necessary entrepreneurial activity directly or through the creation, in accordance with the procedure prescribed by the law, of legal entities (companies, enterprises), if such activity corresponds to the goal (goals) of the Organization and contributes to its achievement.

To participate in the implementation of state regulatory policy in accordance with the legislation of Ukraine.

To address, in accordance with the procedure prescribed by the legislation, state authorities, local self-government bodies, their officials and service personnel with proposals (comments), statements (petitions), complaints.

To receive, in accordance with the procedure prescribed by the legislation, public information necessary for the implementation of its goal and tasks, which is in the possession of subjects of government authority, other managers of public information

 

To participate, in accordance with the procedure established by law, in the development of draft regulatory legal acts issued by state authorities, local self-government bodies and relating to the sphere of activity of the Organization and important issues of state and public life.

To participate, in accordance with the procedure established by law, in the work of consultative, advisory and other auxiliary bodies formed by state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies to conduct consultations with public associations and prepare recommendations on issues relating to the sphere of activity of the Organization.

To maintain direct international contacts with organizations of citizens of other countries, to conclude relevant agreements and to participate in international events on issues of the Organization’s activities that do not contradict the international obligations of Ukraine.

To establish media in order to achieve the statutory goal (goals).

To create and implement various projects, introduce programs, and involve volunteers in its activities.

On a voluntary basis, participate in or establish public associations, etc., including international ones, conclude agreements on cooperation and mutual assistance.

Receive on lease or temporary free use of buildings, equipment, vehicles and other property necessary for the implementation of the Organization’s statutory tasks.

Open accounts in national and foreign currencies in banking institutions.

Establish awards to honor members of the Organization and its partners.

Be a performer of state orders in accordance with the law, directly or through legal entities (companies, enterprises) created by it.

Participate in the development and analysis of regulatory legal acts.

Enjoy other rights provided for by the legislation of Ukraine.

The Organization is responsible for its obligations with the property belonging to it. The Organization is not liable for the obligations of its members, and its members are not liable for the obligations of the Organization, except in cases where they assume such obligations.

3. PURPOSE AND DIRECTIONS OF ACTIVITY

The main goal of the Organization is to protect the rights and satisfy the interests of the Organization’s members in all spheres of life.

The main task of the activity is to promote the provision of assistance to people with special needs who are in places of forced detention by a court decision or a decision of an administrative body in accordance with the law.

The main directions of activity are:

-promotion of assistance to people with disabilities, mental disorders, other vulnerable categories who are in places of forced detention by a court decision or a decision of an administrative body in accordance with the law, in particular by ensuring their rights and interests in accordance with regulatory legal acts;

-protection of human rights and promotion of the creation of conditions for the safe stay of people in places of forced detention by a court decision or a decision of an administrative body in accordance with the legislation;

-promotion of training of personnel of institutions where forced detention is carried out by a court decision or a decision of an administrative body in accordance with the legislation to ensure compliance with the standards of treatment of relevant categories of people;

protection of the rights of women who are in places of forced detention by a court decision or a decision of an administrative body in accordance with the legislation, resolution of their problems and needs, ensuring safety and decent treatment;

carrying out information and educational work among the population on the problems of people who are in places of forced detention by a court decision or a decision of an administrative body in accordance with the legislation;

promotion of the improvement of standards of protection of human rights;

establishment of cooperation with international human rights organizations;

development of legislative initiatives in the field of human rights protection;

holding various events, round tables, and trainings in the field of human rights protection;

providing legal services to members of the Organization and other persons;

providing assistance to the Armed Forces of Ukraine, other military formations, law enforcement (special) bodies, civil defense bodies, volunteer formations, and other persons who ensure national security and defense, repel and deter armed aggression of a foreign state, as well as persons who have suffered or may suffer from such armed aggression, IDPs;

4. PROCEDURE FOR ACQUIRING AND TERMINATING MEMBERSHIP, RIGHTS AND OBLIGATIONS OF MEMBERS OF THE ORGANIZATION

Membership in the Organization is voluntary and individual.

Members of the Organization may be citizens of Ukraine, foreigners and stateless persons who are legally resident in Ukraine, who have reached the age of 14 and who recognize the Statute of the Organization and contribute to the activities aimed at achieving the goals and objectives of the Organization.

No one may be forced to join the Organization. Membership or non-membership in the Organization may not be a basis for restricting the rights and freedoms of any person and

because in order to provide it with any privileges and advantages by state authorities, other state bodies, local self-government bodies.

Admission to membership of the Organization is carried out on the basis of a written application addressed to the Head of the Organization, by decision of the General Meeting, which is adopted within a month from the date of submission of the relevant application.

All members of the Organization are equal in the exercise of their rights and obligations.

The rights of a member of the Organization include:

to elect and be elected to the governing bodies of the Organization, to participate in all events held by the Organization;
to participate in the work of permanent and temporary commissions created by decision of the authorized bodies of the Organization;
to address the bodies of the Organization with requests and proposals on issues related to the activities of the Organization, to receive answers;
to challenge decisions, actions, inaction of the governing bodies of the Organization, to submit applications, objections and complaints to the decisions made by them and to demand consideration of complaints and applications at the General Meeting.
to challenge the decisions of the General Meeting in court. 4.5.1.6. to receive information on the activities of the Organization;
to contact the bodies of the Organization for assistance in protecting their rights and legitimate interests;
to freely defend and promote ideas and proposals on issues discussed in the Organization before making decisions on these issues;
to freely leave the Organization upon their own written application.

Members of the Organization are obliged to:

to comply with the provisions of the Charter of the Organization;
to execute the decisions of the governing bodies of the Organization;
to pay entrance and membership fees in a timely manner in the amounts and within the terms established by the governing bodies;
to facilitate the implementation of the tasks of the Organization;
to participate in public events held by the Organization.

Membership in the Organization shall be terminated in the following cases:

withdrawal from the Organization at one’s own request;
exclusion from the Organization, by decision of the General Meeting, due to violation of the requirements of this Charter, or if the member’s activities contradict the goals and objectives of the Organization, or if the member has lost contact with the Organization without good reason or for systematic non-payment of membership fees;
death of a member of the Organization.

Each person has the right to voluntarily terminate membership at any time by submitting a written application to the Head of the Organization. Membership shall be terminated from the date of submission of such application and shall not require additional decisions. From the same day, the member’s tenure in any elected positions shall cease. However, the membership of the Head of the Organization and the Deputy shall be terminated from the day following the date of election of the new Head and Deputy.

Grounds for exclusion from the Organization:

repeated violations of the requirements of the Charter;
non-participation in the activities of the Organization personally or through a representative for at least 12 (twelve) months;
non-payment of membership fees during the last year.

The issue of exclusion is resolved by the General Meeting by a majority vote of the members present.

A member of the Organization does not have the right to vote when the General Meeting of the Organization resolves issues regarding the conclusion of a transaction by him and the dispute between him and the Organization.

5. MANAGEMENT BODIES OF THE ORGANIZATION

The Organization is managed on the principles of democracy, transparency, election of management bodies, subordination and executive discipline, taking into account the regulatory documents of the Organization.

The management bodies of the Organization are: the General Meeting of Members of the Organization (General Meeting, General Meeting of the Organization, General Meeting of Members, Meeting), the executive body: the Chairman of the Organization (Chairman), as well as the Deputy Chairman of the Organization (Deputy, Deputy Chairman).

Meetings of the governing bodies of the Organization (General Meeting) may be held both with the direct participation of members (their authorized representatives by proxy) and via the Internet using audiovisual computer programs for online conferences.

The decision on the form of such a meeting is made by the Head of the Organization and notifies the members of the Organization of the decision made no later than 10 days before the specified date of such a meeting (General Meeting).

Any meeting of the governing bodies is drawn up in minutes. The form of the meeting must be indicated in the minutes: if the meeting was held via the Internet, the minutes must record the computer program used to hold the meeting.

The General Meeting of Members of the Organization is the highest body of the Organization, which has the right to make decisions on any issues of its activities.

Its members participate in the General Meeting of the Organization in person or through an authorized representative by proxy. Each member of the Organization has one vote. The meeting is considered authoritative if the majority of the members of the Organization are present.

The next General Meeting is convened by the Chairman of the Organization annually. The relevant decision, indicating the date, time, place and issues to be discussed, must be brought to the attention of the members of the Organization no later than 30 days before the date of the General Meeting. The General Meeting considers the issues submitted for its consideration

d by the Chairman of the Organization, his deputy, as well as by the members of the Organization.

An extraordinary General Meeting shall be convened in the presence of circumstances affecting the essential interests of the Organization, as well as in other cases provided for by this Charter and the legislation of Ukraine, within 30 days from the date of the occurrence of the relevant circumstances. In such a case, the decision of the Chairman of the Organization, indicating the date, time, place and issues to be discussed, must be brought to the attention of the members of the Organization no later than 14 days before the date of the General Meeting.

At least one tenth of the members of the Organization have the right to initiate the convening of an extraordinary General Meeting. If the request of the members of the Organization to convene a General Meeting is not met, these members have the right to convene a General Meeting themselves.

The exclusive competence of the General Meeting shall include the resolution of the following issues:

Determination of the main areas of activity of the Organization, approval of its plans and reports on their implementation.
Introducing and approving changes to the constituent documents of the Organization, information about the Organization.
Approval of samples of seals, stamps, symbols and other samples of the Organization’s requisites.
Adopting a decision on the termination of the Organization’s activities.
Election of the liquidation commission, approval of the liquidation balance sheet.
Election of the Head of the Organization and recall.
Election and recall of the Deputy Head of the Organization.
Determination of the procedure and methods of exercising property rights and exercising control over its implementation.

Decisions of the General Meeting are considered adopted if a majority of the number of participants present at the General Meeting voted for them. On issues provided for in clauses 5.3.5.2, 5.3.5.4, the decision of the General Meeting is considered adopted if at least three-fourths of the participants present at the General Meeting voted for it. Also, decisions on the alienation of the Organization’s property in an amount equal to fifty percent or more of the Organization’s property are made by three-fourths of the votes of the Organization’s members.

The meetings of the General Meeting shall be chaired by a person from among the members elected by the General Meeting as the Chairman of the Meeting. The proceedings of the General Meeting shall be recorded. The minutes of the meetings of the General Meeting shall be kept by the Secretary of the General Meeting, who shall be elected by the General Meeting, and shall be signed by the Chairman and the Secretary of the General Meeting.

The General Meeting shall adopt decisions, which shall be recorded in the form of minutes of the meeting of the General Meeting. Decisions adopted by the General Meeting in compliance with the requirements of this Charter, internal documents and the legislation of Ukraine shall be binding on all other governing bodies of the Organization and members of the Organization. Decisions adopted by the General Meeting shall enter into force from the moment of their adoption, unless otherwise determined by the General Meeting.

The Head of the Organization is the executive body, carries out operational management of the affairs, property and funds of the Organization within the limits established by this Charter, the General Meeting and within the limits of his competence and powers ensures the implementation of their decisions.

The Head of the Organization is elected and dismissed by the General Meeting once every 5 years, is accountable to the General Meeting, and has the right to submit proposals for consideration by the General Meeting of the Organization on any aspect of the Organization’s activities.

The Head of the Organization:

Acts on behalf of the Organization without a power of attorney and represents the Organization in its relations with other persons.
Issues orders, instructions, other internal regulations and documents of the Organization. Organizes document flow, office management, accounting and reporting of the Organization.
Carries out the acceptance, transfer to another job, suspension from it and dismissal of employees of the Organization, applies incentive and penalty measures to them, approves the job duties of employees of the Organization.
Acts as the manager of the Organization’s funds and property, concludes and signs on behalf of the Organization business and other agreements, contracts, issues powers of attorney for the right to perform actions and represent on behalf of the Organization.
Resolves other issues of the Organization’s activities in accordance with the purpose and main objectives of its activities, attributed to its competence by the internal documents of the Organization and this Charter, adopts any other decisions on these issues or performs any other actions except those that fall within the competence of the General Meeting of Members of the Organization.
Reports on its work to the General Meeting of the Organization.

5.4.3 The decision of the Head of the Organization is drawn up in the form of decisions, orders or instructions.

Reporting is carried out at the General Meeting. Extraordinary reporting is carried out at the request of at least one third of the Organization’s members.

The Chairman of the Organization may be recalled from office by decision of the General Meeting before the end of the term for which he was elected, in the following cases:

at his own request on the basis of a submitted written application;

in case of repeated violation of the requirements of the Charter of the Organization;

if his actions have caused material or moral damage to the Organization.

If the Chairman of the Organization cannot assume his duties for more than 6 (six) months – his deputy,

or 10% of the members convene an extraordinary General Meeting to discuss the situation and issues of the Organization’s management.

The Deputy Chairman of the Organization is elected if necessary for a term of 5 years. Powers – execution of the instructions of the Chairman of the Organization and exercise of the rights and obligations of the Chairman of the Organization in his absence. He may be recalled from office under the same circumstances as the Chairman. Makes decisions in the form of decisions, orders, instructions. Reports at the request of members at the General Meeting.

6. PROCEDURE FOR APPEALING DECISIONS, ACTIONS, INACTIVITY OF THE GOVERNING BODIES OF THE ORGANIZATION AND CONSIDERATION OF COMPLAINTS

6.1. Decisions, actions, inactivity of the Organization’s governing bodies may be appealed by a member (members) of the Organization.

6..1.1. A complaint about the actions, inaction or decisions of the Head of the Organization, his deputy is submitted to the General Meeting, which is obliged to consider it within 30 days, with the obligatory summons of the member of the public association who complains, as well as the Head of the Organization/deputy – the actions, inaction or decisions of which are being appealed.

6.1.2. A complaint about the actions, inaction or decisions of the General Meeting of the Organization is submitted to the court, in accordance with the current legislation at the time of appealing such actions, inaction or decisions.

The decisions, actions (inaction) that may be appealed include decisions within the framework of the management activities of the governing bodies of the organization, as a result of which:

The rights and/or legitimate interests or freedoms of a member of the Organization (group of members of the Organization) are violated.

Obstacles are created for the exercise by a member of the organization of his rights and/or legitimate interests or freedoms.

6.2.3.    Illegally imposed duties on a member of the Organization or illegally applied disciplinary liability to him.

7. INTERNATIONAL COOPERATION

The Organization, in accordance with its statutory tasks, has the right to carry out international relations and activities in the manner prescribed by this Statute, the current legislation of Ukraine.

The international activities of the Organization are carried out through participation in international projects, the work of international organizations, as well as other forms that do not contradict the legislation of Ukraine, the norms and principles of international law.

When carrying out international activities, the Organization enjoys the full range of rights and obligations of a legal entity.

The Organization:

organizes the exchange of delegations, organizes tournaments, competitions, conferences, exhibitions, fairs with the participation of foreign partners, sends its representatives to participate in relevant events outside Ukraine;

conducts joint research with foreign organizations in accordance with the areas of its activities, publishes their results;
implements other joint programs and projects with the participation of foreign partners and international organizations, which does not contradict the current legislation of Ukraine.

8. SEPARATE UNITS OF THE ORGANIZATION

The Organization may have separate units that are not legal entities and are formed by decision of the General Meeting of the Organization.

Separate units of the Organization are guided in their activities by the Charter of the Organization.

The heads of separate units of the Organization are appointed by the General Meeting for a term of 2 years and act on the basis of a power of attorney. The heads of separate units must be members of the Organization.

Separate units have the following powers:

Represent the Organization within the territory to which their powers extend.
Implement the statutory goals and objectives of the Organization within the territory covered by their powers, in accordance with the powers granted by the decision of the general meeting.
Carry out work to attract new members (participants) using means not prohibited by the legislation of Ukraine.

The head of a separate unit has the right to:

Make a decision on the use of the name and symbols of the Organization to implement the tasks of the Organization.
Apply to the governing bodies of the Organization for assistance in implementing the tasks of the Organization.
Be present at the meeting of the General Meeting of the Organization (without the right to vote).
Apply to the governing bodies of the Organization.

The head of a separate unit is obliged to:

Comply with the requirements of the Organization’s Charter.
Implement the legal and adopted within the requirements of the Organization’s Charter decisions of the governing bodies of the Organization.
Do not allow actions aimed at violating the honor and dignity of members (participants) of the Organization.

The activities of a separate unit may be terminated by closing it by decision of the General Meeting of the Organization.

The Organization shall notify the authorized body for state registration of the closure of a separate unit in accordance with the requirements of the current legislation of Ukraine. 8.9. Property and funds that were assigned to a separate unit shall be transferred directly to the Organization after the termination of its activities.

9. FUNDS AND PROPERTY OF THE ORGANIZATION.

The Organization is a non-entrepreneurial association. In order to implement its program and statutory goals and objectives, the Organization may own funds, securities, property and non-property rights, materials

tangible and intangible assets, equipment, transport, other means and property, the acquisition of which is not prohibited by the current legislation of Ukraine.

The Organization independently and independently exercises the rights of ownership, use and disposal of its property, funds, property and non-property rights through its statutory bodies within the limits of their competence.

The Organization’s property consists of funds or property received free of charge or in the form of non-refundable financial assistance or voluntary donations, contributions of members of the Organization; passive income; grants or subsidies from state or local budgets, as well as from state trust funds, financial support for programs (projects, events) of the Organization at the expense of state and local budgets, from the implementation of a state order; charitable, humanitarian and technical assistance, including in accordance with international treaties of Ukraine; acquired as a result of the Organization’s entrepreneurial activity, entrepreneurial activity of legal entities (partnerships, enterprises) created by it; income from the main activity of the Organization in accordance with this Charter and legislation; property acquired at the expense of its own funds or acquired on other grounds not prohibited by law.

Income (profits) or property of the Organization or part thereof shall not be subject to distribution among its founders (participants), members of the Organization, employees (except for payment of their labor, accrual of a single social contribution), members of the management bodies and other persons related to them.

Income (profits) and property of the Organization shall be used exclusively to finance expenses for the maintenance of the Organization, the implementation of the purpose (goals, objectives) and areas of activity defined by this Charter.

The Organization shall be liable for its obligations with all property owned by it. The Organization shall not be liable for the obligations of its members. Members shall not be liable for the obligations of the Organization, unless otherwise provided by law.

The Organization is obliged to keep accounting records, statistical, tax, financial reporting, be registered with the fiscal service bodies and pay taxes and fees to the budget in the manner and amounts stipulated by law. The Organization is obliged to keep all necessary accounting documents regarding domestic and international operations for at least five years.

State supervision and control over compliance with the law by the Organization are carried out by executive authorities, local self-government bodies in the manner prescribed by the legislation of Ukraine.

10. PROCEDURE FOR MAKING CHANGES TO THE STATUTE

Changes to this Statute are approved by a decision of the General Meeting, if at least 3/4 of the Organization’s members voted for it. The authorized body for registration is notified of changes made to the statutory documents.

11. TERMINATION OF THE ORGANIZATION’S ACTIVITIES

The termination of the Organization’s activities is carried out by decision of the General Meeting (by votes of at least three-fourths of those present) by means of self-dissolution or reorganization (merger, division, accession or transformation) or by court decision on prohibition (forced dissolution) and results in the termination of the legal entity.

The General Meeting establishes a liquidation commission and makes decisions on the use of the Organization’s funds and property in accordance with the legislation.

In the event of termination of the Organization as a result of its liquidation (self-dissolution, forced dissolution) or reorganization (merger, division, accession or transformation), its assets are transferred to one or more non-profit organizations of the appropriate type or are included in the budget income.

Chairman

Prashko Olena Volodymyrivna

Secretary

Sukhoviy Oleksiy Oleksiyovych