Statute

 

STATUTE of a Social Organisation the Cultural Alliance of Hungarians in Sub-Carpathia

 

I. GENERAL PROVISIONS

  1. A social organisation, the Cultural Alliance of Hungarians in Sub-Carpathia  (hereinafter – the Organisation) is a voluntary organisation based on individual membership and unity of its members’ interests aiming at joint implementation of the objectives and tasks set forth in this Statute.    
  2. The social organisation, the Cultural Alliance of Hungarians in Sub-Carpathia  was established on the basis of a resolution adopted by its inaugural General Meeting, in  accordance with the Constitution of Ukraine, the Law of Ukraine “On Public Associations”, the Law of Ukraine  “On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations” as well as current legislative acts of Ukraine.
  3. The Organisation was founded and has been functioning on the principles of voluntariness, self-government, equality before the law, absence of property interests of its members, transparency, openness and publicity.
  4. The Organisation is free to choose the directions of its activity within the limits of the current legislation.
  5. The organisational and legal form of the Organisation: a social organisation.
  6. The name of the Organisation in the Ukrainian language:   Hromadszka orhanyizacija “Tovarisztvo uhorszkoji kulturi Zakarpattya.”.
    The abbreviated name of the Organisation in the Ukrainian language: HO “TUKZ-KMKSZ”.
    The full name of the Organisation in the Hungarian language:  Kárpátaljai Magyar Kulturális Szövetség Társadalmi Szervezet.
    The abbreviated name of the Organisation in the Hungarian language:  KMKSZ.
  7. The activities of the Organisation are of social nature and do not exclude its cooperation with state authorities, other organisations, movements, foundations and citizens.
  8. The Organisation shall acquire the status of legal entity from the moment of its state registration in accordance with the procedure established by law.
  9. The Organisation has been created for an indefinite period of time.
  10. The Organisation has a round seal, stamp, letterhead paper, logo, flag (banners), which are subject to registration in the manner prescribed by law.  In addition, at its disposal is an account number and a currency account in banking institutions as well as other requisites necessary for its functioning.
  11. The Organisation shall have the right to acquire property and personal non-property rights, as well as to appear in court as a plaintiff or a defendant and act before the bodies of other states.

 

II. PURPOSE, OBJECTIVES AND BASIC ACTIVITY DIRECTIONS

  1. The basic purpose of the Organisation shall be the implementation  and protection of the rights and freedoms of the Transcarpathian Hungarians, including the promotion of their economic, social, cultural, educational, ecological and other interests; fostering the preservation of traditions and the mother tongue, and formation of national consciousness of the Hungarians living in Transcarpathia.
  2. To achieve this purpose, the Organisation shall carry out the following objectives:
    • assist in the implementation of personal and collective rights of the Hungarians in Transcarpathia, in connection with which it develops and makes proposals to state bodies;
    • consider and submit – within the limits of the rights guaranteed by law – proposals for draft legal acts dealing with national minority issues;
    • protect the rights of national minorities in accordance with the Law of Ukraine “On National Minorities in Ukraine”;
    • provide for the preservation, spread and use of the Hungarian language in all spheres of public life under the current legislation of Ukraine;
    • promote the preservation of cultural values, revival of traditions, celebration of national holidays and historical jubilees;
    • promote democracy, protection of freedom of speech;
    • use mass media, publishing houses, have the right to its own publishing activity to accomplish its  objectives;
    • promote the development of civic activity, self-organisation of the Hungarian population in Transcarpathia and creation of Hungarian professional organisations;
    • promote social protection of the population, especially of socially unprotected categories and low-income groups of the population;
    • facilitate support for the development of the humanitarian and social spheres (education, science, culture, art, information, tourism, sport, recreation, leisure activities, health care, social protection, public and territorial self-government, etc.) at the local level through the implementation of socially important projects;
    • promote legal awareness of citizens, and also help in protection of their legal rights and interests;
    • promote the practical implementation of national, regional, local and international programmes;
    • facilitate talented and creative youth development;
    • promote protection and preservation of cultural heritage, historical and cultural environment, historical and cultural monuments, as well as burial sites.
  3. To achieve its goals and objectives, the Organisation shall carry out the following activities:
    • coordinate the activities of the Organisation members aimed at achieving the purpose and objectives of the Organisation, organise relevant events;
    • support legislative initiatives as well as interesting and promising undertakings in the field of social protection, health care and education that are aimed at realisation and protection of social, civil, economic and cultural rights of different population strata;
    • submit to the bodies of state power and bodies of local self-government proposals for the improvement of social protection, health care and education, aimed at the realisation and protection of social, civil, economic and cultural rights of different population layers;
    • co-fund and directly organise research and education centres relevant to the Organisation’s core activities;
    • participate in financing or independently implement targeted programmes and projects;
    • organise cultural events, festivals, meetings, seminars, exhibitions and conferences, the proceeds of which are solely devoted to the purposes set out in the founding document of the Organisation;
    • provide material and organisational assistance to organisations and institutions whose activities are related to the statutory purpose of the Organisation;
    • organise and finance publishing activities related to the functioning of the Organisation, the creation of its own print media, and the publication of information leaflets;
    • assist in the publication of general education literature;
    • participate in conducting informational and educational activities through mass media, periodicals, own publications to realise the purposes and objectives stipulated by the Statute;
    • participate in the organisation of and conduct – in accordance with the current legislation – festivals, fairs, etc., the proceeds of which are directed exclusively for the statutory purposes of the  Organisation;
    • assist in the creation of nonprofit organisations;
    • organise, coordinate and finance activities aimed at achieving the purposes of the Organisation;
    • cooperate with state authorities and local self-government bodies;
    • participate in the development of various programmes and projects.
  4. To achieve the statutory purpose and fulfillment of the statutory objectives, the Organisation – in accordance with the procedure established by law – shall have the right to:
    • act as a participant in civil law relations, acquire property and non-property rights, be a plaintiff in court and arbitration courts;
    • organise peaceful meetings;
    • involve citizens, enterprises, institutions and organisations, including also foreign ones, in financial and material support of the activities of the Organisation;
    • cooperate with other social organisations in accordance with the activities set out in the Statute;
    • appeal – in accordance with the procedure established by law – to state authorities, bodies of local self-government, their officials and officers with proposals, statements and complaints;
    • receive on lease or for temporary free use buildings, equipment, vehicles and other property necessary for the implementation of the statutory objectives of the Organisation;
    • participate – in the manner prescribed by law – in the drafting of normative-legal documents issued by state authorities and local self-government bodies concerning the spheres of activity of the social organisation as well as important state and social issues;
    • join associations which are set up on a charitable basis and which assist in the implementation of statutory objectives;
    • on a voluntary basis and in accordance with the Law “On Public Associations” establish public associations  and conclude cooperation agreements with each other;
    • represent and protect its legitimate interests and interests of its members in public offices, local self-government bodies, institutions and organisations, in courts and with citizens;
    • receive – in the manner prescribed by law – public information necessary for the realisation of its statutory purpose and main objectives from public authorities of all levels, and local self-government bodies;
    • establish mass media in order to achieve the statutory purpose (goals);
    • disseminate information about the Organisation, promote its purpose and main objectives, facilitate the implementation of educational, scientific and methodological activities and make use of the best practices of other countries;
    • support and participate in the organisation and conduct of national and international forums, symposiums, conferences, exhibitions, and contests, etc.;
    • have its own symbols, which are subject to registration in the manner prescribed by legislation of Ukraine.
  5. The Organisation may be a member of other organisations and may create associations with them. However, any joint decision shall come into force only after its approval by the relevant body of the Organisation.

 

III. PROCEDURE FOR ACQUISITION AND TERMINATION OF MEMBERSHIP, RIGHTS AND DUTIES OF THE ORGANISATION MEMBERS

 

  1. Membership form in the Organisation is individual.
  2. Citizens of Ukraine, foreign citizens or stateless persons who have reached the age of 14 and fulfill the requirements of the Statute of the Organisation and actively participate in its activities may be individual members of the Organisation.
    Outstanding personalities may be elected honorary members
  3. The decision on membership is taken by the Presidency within two months from the date of submission of the individual’s written request to the Head of the Organisation.
  4. Membership is decided by a simple majority of the Presidency.
  5. Membership shall continue for the whole period of duration of the Organisation, unless such membership is terminated in accordance with this Statute. Members of the Organisation may also be members of the basic organisations.
  6. Keeping membership registry of the Organisation members is carried out by the Secretariat of the Organisation.
  7. Membership in the Organisation shall be terminated:
    • at one’s own discretion, from the moment of submitting a personal written application to the Chairmanship of the Organisation;
    • in case of deregistration for failure to pay annual membership fees or in case of death;
    • by exclusion of a member by the Chairmanship on the proposal of the Ethics Committee.
  8. Decision on expulsion from members of the Organisation shall be taken by a simple majority vote of the members of the Presidency.
  9. Members of the Organisation  shall have the right to:
    • elect the governing bodies and be elected to the governing bodies of the Organisation;
    • participate in the resolution of issues that are considered at the meetings of the governing bodies to which they are members;
    • make proposals to the governing bodies and represent one’s point of view until the relevant decision is taken by a majority;
    • attend meetings of the governing bodies;
    • receive information on the activities of the Organisation;
    • freely present and promote its ideas and proposals on issues discussed and decided by the Organisation;
    • to express one’s  opinion on candidates nominated for election to the governing bodies of the Organisation;
    • participate in all events conducted by the Organisation;
    • request assistance one needs from the Organisation.
    • to be free to withdraw from the Organisation upon  one’s own written request.
  10. Members of the Organisation shall be required to:
    • comply with the requirements of this Statute;
    • take an active part in the implementation of decisions of the governing bodies of the Organisation,
    • refrain from activities that could cause harm to the Organisation;
    • comply with the requirements of the Statute, other internal documents of the Organisation and implement the decisions of the General Meeting and the Presidency of the Organisation;
    • act in accordance with the purpose  and objectives defined in the Statute of the Organization.
  11. Amounts of entrance and membership fees and the procedure for their payment shall be determined by the General Meeting of the Organisation.
  12. Membership fees shall be accepted in cash.

 

IV. GOVERNING BODIES OF THE ORGANISATION

  1. The governing bodies of the Organisation are the General Meeting, the the Board of Governors and the Presidency. The supervisory bodies of the Organisation are the Supervisory Committee and the Ethics Committee. The Secretariat is the permanent body of the Organisation.
  2. The highest governing body of the Organisation is the General Meeting.
    1. The General Meeting is convened by the Board of Governors of the Organisation at least once a year. Extraordinary General Meetings may be convened at the request of the President of the Organisation or not less than 1/3 of  members of the Board of Governors or 1/10 of  members of the Organisation.
    2. The General Meeting has a quorum if two-thirds of the persons delegated by the members of the Organisation who represent the basic organisations are present. The number of delegates to the General Meeting is determined by the decision of the Board of Governors of the Organisation, based on the actual number of members of the Organisation. Decisions of the General Meeting shall be taken by a simple majority of the votes of the delegates present. Decisions amending or supplementing the Statute, decisions terminating the Organisation and decisions on the disposition of funds and assets of the Organisation shall be adopted by a majority of at least ¾ of the delegates present at the General Meeting.
    3. The exclusive competence of the General Meeting shall include:
      • election of the President of the Organisation, Vice-Presidents  of the Organisation, Honorary President, Chairman of the Supervisory Committee, and Chairman of the Ethics Committee for a term of three years;
      • election of members to the Board of Governors of the Organisation;
      • election of members to the Supervisory Committee and  the Ethics Committee;
      • defining the quantitative composition of the governing bodies;
      • dissolution of bodies elected by the General Meeting;
      • hearing reports of the governing bodies of the Organisation; in case of  non-acceptance of the report, or  its unsatisfactory evaluation, call for early elections;
      • approval of programmes and main directions of activities of the Organisation;
      • approving, amending and supplementing the Organisation’s statute, regulations, programmes and other documents;
      • deciding on restructuring of the Organisation by attachment to another social organisation or its dissolution;
      • deciding on the establishment of public associations, concluding agreements on cooperation and mutual assistance with other public associations;
      • deciding on the establishment and dissolution of basic organisations.
      • disposition of  the funds and assets of the Organisation;
      • decision on the establishment of subunits;
      • on the disposition of the funds and assets of the Organisation;
      • on the appointment of the Liquidation Committee and its Chairman;
      • on the establishment of committees to ensure the Organisation’s activities;
      • examine appeals against decisions of the Organisation, activities or inactivity of its governing bodies and officials, and responds to complaints within one month.
  3. The Board of Governors of the Organisation is the governing body of the Organisation between sessions of the General Meeting.
    1. The Board of Governors shall consist of the Chairman, the Vice-Chairman and its members. The Chairman of the Board of Governors shall at the same time be the President of the Organisation.
    2. The Board of Governors shall administer the Organisation.
    3. The Board of Governors is elected by the General Meeting for a term of three years in  the number of members  determined by the General Meeting of the Organisation.
    4. The competence of the Board of Governors of the Organisation shall include:
      • approval of action plans resulting from the objectives of the Organisation;
      • carrying out the work on preparing and convening the General Meeting and organising the implementation of the decisions of the highest body;
      • ensuring the implementation of current and long-term plans of the Organisation;
      • election and dismissal of the secretaries of the Organisation;
      • hearing the  report of the President of the Organisation and other officials of the Organisation;
      • discussion and decision on issues related to the activities of the Organisation;
      • making decisions on exclusion from members of the Organisation;
      • resolving other issues that are not within the competence of the highest body of the Organisation.
      • delegating representatives of the Organisation to attend meetings of the governing bodies of legal persons established by the Organisation.
    5. Regularly scheduled meetings of the Board of Governors shall be convened no less than once in a quarter whereas extraordinary meetings – on the initiative of the President of the Organisation. A quorum shall exist for the Board’s meetings when at least two thirds of its members are present.  Decisions of the Board of Governors shall be taken in an open vote by a simple majority of the Board members.  By decision of the Board of Governors, the meeting may be held in closed mode.
    6. Has disposition of funds and assets of the Organisation amounting to more than two hundred thousand hryvnia.
  4. The Presidency is the governing body of the Organisation between the meetings of the Board of Governors.
    1. The members of the Presidency are the President of the Organisation, the Vice-President for General Affairs, Vice-President for Administrative Affairs, the Honorary President of the Organisation and  Chairmen of the basic organisations.
    2. The Chairmanship shall decide on issues related to the Organisation in accordance with the statutory documents and resolutions of the Board.
    3. The Chairmanship shall convene the  meetings of the Board of Governors.
    4. It shall manage the work of the Secretariat with the assistance of the Vice-President for    Administrative Affairs.
    5. The Chairmanship shall meet at least once a month. Its work is coordinated by the Vice-President for General Affairs. A quorum shall exist at a Board Meeting if at least two thirds of its members are present.
    6. The Chairmanship based on proposals of the Supervisory Committee or the Ethics Committee shall have the right to issue warning against or reprimand any member of the Organisation. It may raise the question of withdrawal from office or expulsion from the membership of the Organisation to the relevant authority of the Organisation.
  5. The President of the Organisation is the highest-level official of the Organisation who shall have the right to represent the Organisation in relations against third parties. The President of the Organisation is elected by the General Meeting of the Organisation for a term of three years. The President of the Organisation shall be elected  only from among the members of the Organisation by secret ballot.
    1. The President of the Organisation shall, in accordance with his/her powers:
      • chair the Presidency of the Organisation;
      • preside over meetings of the Presidency,  the Board of Trustees and the General Meetings;
      • submit proposals for the candidate to the post of  Vice-Presidents, secretaries,   secretary-level officials, and  the Honorary President;
      • have the right to invite personal advisers;
      • ensure  fulfillment of the statutory objectives of the Organisation, implementation of decisions of the General Meeting and the Board of Trustees, sign amendments to the founding documents;
      • open bank accounts;
      • have the right to sign financial documents;
      • supervise  the activities of the Organisation’s regular staff;
      • issue  orders and  directions that are mandatory for the officials of the Organisation;
      • have other powers delegated to him by the governing bodies of the Organisation;
      • have within his competence, the authority to conclude civil law agreements and to take other legally relevant measures on behalf of the Organisation;
      • have funds and assets of the Organisation not exceeding two hundred thousand hryvnia in value at his disposal;
      • give, within the framework of his powers,  authority to represent the interests of the Organisation.
    2. The President of the Organisation may transfer part of his/her powers to his/her vice (s) and also with the consent of other members of the Presidency, to one of the its members, which shall be executed by a corresponding decision or order, and, if necessary, by a power of attorney. In the absence of the President of the Organisation, his / her duties shall be fulfilled by his/her vice (s) or, with the prior consent of the majority of the Chairmanship, one of its members.
  6. Vice-Presidents of the Organisation shall:
    • have the authority to perform duties of the President in case of his absence or illness;
    • advise the President on relevant issues;
    • keep media relations, constantly provide them with information about the Organisation;
    • if necessary, set up  committees on issues that fall within their competence;
    • conduct continuous campaign to increase the number of sponsors and donors who support the Organisation;
    • carry out other work entrusted to them by the president of the Organisation.
  7. The Honorary President of the Organisation is an official of the Organisation who, on behalf of the President of the Organisation shall have the right to represent the Organisation against third parties. The Honorary President of the Organisation is elected for a term of three years.
  8. Meetings of the governing bodies of the Organisation (the General Meeting, Board of Governors, Presidency) may be held both with the direct participation of its members and via Internet connection using audio-visual computer programmes of online conferencing. Decision on the form of such meeting shall be taken by the Board of Governors of the Organisation and also – not later than 10 days before the specified date of the meeting (General Meeting, meeting of the Board of Governors) – shall inform the members of the Organisation on the chosen form of the meeting.  Each meeting of the governing bodies shall be recorded in the minutes; the form of the meeting is necessarily indicated in the minutes; if the meeting was conducted via Internet connection, the computer programme with the help of which the meeting was held should be necessarily fixed in the minutes.
  9. The Supervisory Committee is an independent body of the Organisation that may conduct audits and make proposals.
    1. The Chairman of the Supervisory Committee is elected by the General Meeting upon the proposal of the members of Supervisory Committee.  Members of  the Supervisory Committee shall be delegated by district basic organisations.
    2. The Supervisory Committee exercises control over economic and financial activities of the Organisation.
    3. Once a year, at the request of the governing bodies the Supervisory Committee reports on its activities and the performed work at the General Meeting of the Organisation.
  10. The Ethics Committee is an independent body of the Organisation that has the right to conduct audits and make proposals.
    1. The Chairman of the Ethics Committee is elected by the General Meeting upon the proposal of the Ethics Committee members. Members of the Ethics Committee are delegated by basic organisations.
    2. The Ethics Committee shall monitor compliance with the founding document of the Organisation.
    3. The Ethics Committee shall carry out activities pursuant to the provisions adopted by the General Meeting at the moment of its establishment.
    4. Once a year, at the request of the governing bodies the Ethics Committee reports on its activities and the work performed at the General Meeting of the Organisation.
  11. The Secretariat is the Executive Body of the Organisation, which operates continuously under the direction of the Vice-President for Administrative Affairs.
    1. The main objective of the Secretariat is to carry out tasks on current affairs.
    2. The Secretariat’s officers are the following:  Executive Secretary, Political Secretary, Communications Secretary, Secretary for Culture, Secretary for Financial and Economic Affairs and Secretary for Local Self-Government. They are personally responsible for meeting their obligations.
  12. Officials of the Organisation are members of the Organisation who reside on the territory of Transcarpathia and hold a relevant position stipulated in the Statute of the Organisation and other internal documents of the Organisation.
    1. A member of the Organisation, if also eligible, may hold any position within the Organistion.
    2. Officials – unless otherwise decided by the electing body – perform their duties on a voluntary basis. Their credentials  are valid for one election cycle.
    3. Officials may be withdrawn by the body that has elected them, at the initiative of at least 1/3 of the body members, as well as on the initiative of the Chairmanship of the Organisation.
    4. The term of office of the officers elected in the previous term shall expire on the day of the report-election meeting.  The term for the transfer of official functions may not exceed 10 days.
    5. Interest and Communications Secretary shall:
      • be required to prepare appropriate decisions and regulations relating to the basic activities of the Organisation;
      • by decision of the relevant authorities, organise  mass events, meetings, etc.;
      • maintain relations with organisations and the press, publish  the Organisation’s opinion in the press, collect  materials relevant to the Organisation.
    6. The Secretary for Culture is responsible for the preparation and conduct of the Organisation’s cultural, sporting and youth activities.
    7. The Secretary for Financial and Economic Affairs shall solve issues related to the economic and financial activities of the Organisation. He/she shall bear financial responsibility for his/her decisions.
    8. Secretary for Local Self-Government shall contribute to solving issues related to the activities of local councils in places of compact residence of the Hungarians.
    9. The Office Manager shall be responsible for receiving, classifying, recording and primary processing of information related to the operation of the Organisation, as well as managing the work of the technical staff.
    10. Counselors and experts shall be invited to address the objectives and prepare decisions.
    11. The Organisation may employ paid employees whose activities are regulated by the contract concluded with them, as well as in job descriptions.

 

V. PROCEDURE FOR HOLDING THE ORGANISATION’S GOVERNING BODY MEETINGS

  1. Provisions of this chapter shall also be applied to the work of the governing bodies and basic organisations of the Organisation.
  2. The body or person convening a meeting shall organize it, determine  the place and date of its conducting, propose the agenda and inform  those concerned, in advance.
  3. The body or person convening a meeting shall be required to convene an extraordinary meeting at the initiative of one third of the members concerned or of the basic organisations which constitute at least one third of its members.
  4. An extraordinary meeting shall be convened on the basis of a written proposal, with reference to a particular paragraph of the Statute.
      1. The written proposal to convene an extraordinary meeting shall include:
        • the name of the initiating person and his/her position in the Organisation;
        • the reason for initiating the extraordinary meeting, the proposed particular item on the agenda;
        • names and signatures of the persons supporting this initiative;
        • the date of completion of the signature collection, the proposal acceptance date and signatures of the initiators.
      2. The proposal must be submitted to the Chairman of the relevant level. The receipt must be certified by the Chairman and its date entered on the proposal. Only proposals that fully comply with the current Statute may be accepted.
      3. The Chairman shall convene a meeting in accordance with the procedure established in this Statute. The following terms are applicable for convening an extraordinary meeting: Presidency meeting – within 1 week; meeting of the Board of Governors – within 3 weeks;   convening the General Meeting – within 2 months from the date of receipt of the proposal.
      4. In the event that the regular meeting falls within the aforementioned framework, extraordinary meetings shall not be convened.  However, the agenda item specified in the proposal shall be submitted to the meeting by the person (body) convening it.
      5. The person or organisation convening an extraordinary meeting shall organise it in accordance with the general order.
      6. The proposal that was put forward to convene an extraordinary meeting may be withdrawn. It is possible to withdraw a proposal on condition that the initiators withdraw their signatures.  In addition, the number of supporters shall withdraw their signatures so that the proposal as a whole has fewer supporting signatures than the number of signatures required by the Statute. Also, the cancellation must be made before the due date of the extraordinary meeting (3 days, 1 week, 1 month before the meeting in question). Signatures are withdrawn in writing.
      7. The proposal should be considered invalid, in connection with which, within the terms specified in paragraph 5.4.6.,  the   number of the supporting signatures  has been withdrawn to the extent that this proposal no longer complies with the provisions of the Statute.
      8. Violation of initiatives aimed at convening an extraordinary meeting and thus causing harm to the Organisation shall be considered by the Ethics Committee under the general jurisdiction.
  5. The meeting shall be conducted by the Chairman of the Organisation or a person authorised by him/her.
  6. The meeting independently determines its agenda, rules and the method of voting.
  7. A quorum of the governing body shall exist when at least two thirds of the delegates or members of the governing body are present (in the case of a general meeting).  If less than two-thirds of the delegates are present, 30 minutes after the announcement of the number of those present, the meeting shall have a quorum with the same agenda items if at least half of the delegates are present (in case of a general meeting). Decisions of the Meeting shall be adopted by a majority of votes and by appropriate proposition a qualified (two-thirds) majority may be requested. In order to introduce amendments to the Statute and express distrust,  a 3/4 vote is required. Amendments to the Statute and the adoption of a proposition to censure shall require a ¾ majority.
  8. The General meeting and general meetings of the basic organisations shall be convened in writing at least one week prior to the scheduled date. A quorum shall exist at a general meeting of the basic organisation  if at least one third of the members are present. In this case, the decision shall require a vote of two-thirds of the Board. If the General Meeting has no quorum, it shall have a quorum 30 minutes following its announcement, with the same agenda items, if at least half of the delegates are present.  In this case, decisions are taken by two-thirds of votes of those present.
  9. Each member of the Meeting has the right to submit proposals. A motion to censure shall be upheld on the proposal of one third of the panel. In this case, 50% of  the votes, plus  one vote of the entire membership  is required to make a decision.
  10. Minutes shall be kept of each meeting, which must include the quorum, the agenda adopted, the content of the decisions, the dates of their entry into force and the voting rates.If a participant is prevented from attending the meeting, he/she may in the form of a written power of attorney, temporarily transfer his/her powers to his/her substitute.
  11. The meeting may postpone the discussion of particular issues or delegate its powers to a body subordinate to it.  The Registrar, who maintains the minutes of the meeting and the persons certifying the minutes shall be appointed by the meeting.

 

VI. PRESS, MEDIA

  1. The Organisation is committed to providing the public with reliable information on its activities and forming public opinion. For this purpose it uses all available means of mass media.
  2. The Organisation in accordance with the Law of Ukraine “On Printed Mass Media (Press) in Ukraine”,  has its own official bodies of the press. The editor-in-chief is approved by the Board of Governors on the proposal of the Chairmanship.
    Issues relating to the bodies of the press, which are wholly or partly owned by the Organisation, as well as issues with regard to activities of other mass media, are governed by separate provisions or  agreement that are approved by the Board of Governors.

 

VII. PROCEDURE FOR APPEAL AGAINST DECISIONS, ACTIONS, INACTIONS OF THE GOVERNING BODIES OF THE ORGANISATION  AND CONSIDERATION OF COMPLAINTS

  1. Decisions, actions or inactions of the Board of Governors, Presidency and the President of the Organisation may be appealed to the General Meeting of the Organisation or to the court.
  2. Decisions, actions or inactions of the General Meeting of the Organisation may be appealed solely to the court.
  3. Consideration of complaints by the General Meeting is carried out during an open meeting procedure, by means of an oral statement of the complaint and  adoption of  decision on it by a simple majority of votes. Complaints shall be heard by the court in accordance with the current legislation of Ukraine.

 

VIII. PROCEDURE FOR REPORTING OF THE GOVERNING BODIES OF THE ORGANISATION TO ITS MEMBERS

  1. The General Meeting and the Chairmanship shall report on their activities to the members of the Organisation at least once a year.
  2. At the end of each calendar year, the President of the Organisation shall report annually to the members of the Organisation at the General Meeting on the work performed during the year, and to the Presidency on a quarterly basis.

 

IX. SOURCES AND USE OF THE ORGANISATION’S FUNDS AND ASSETS

  1. The Organisation is a non-profit social organisation.
  2. In order to implement its programme and achieve its statutory purposes and objectives, the Organisation has the right to own movable and immovable property, equipment, transport and other means, the acquisition of which is not prohibited by the current legislation of Ukraine.
  3. The Organisation shall not be liable for the obligations of its members, and members of the Organisation shall not be liable for the obligations of the Organisation.
  4. The Organisation cooperate with public associations, religious organisations, other natural and legal entities  whose  activities  contribute to the solution of the Organisation’s objectives.  The Organisation implements joint programmes with foreign organisations, natural and legal persons.
  5. Sources of the Organisation’s assets and funds:
    • funds and assets that are received gratuitously or in the form of irrevocable financial assistance and voluntary donations;
    • passive income;
    • funds and assets of the Organisation from its main activities, subject to applicable laws;
    • grants and contributions received from the state and local budgets, state trust funds, or technical and charitable grants, including humanitarian aid, except subsidies for price control of revenue from paid services, which are intended to reduce the cost of services in accordance with the law.
  6. Organisational payments may be made in cash, goods, works and services in the form of appropriate funds, assets, work and services.
  7. The assets and funds of the Organisation shall be used for the accomplishment of its tasks, for the achievement of its purpose, and for the maintenance of the Organization, including:
    • payment of staff members of the Organisation employed by the organisation under employment contracts;
    • the cost of renting, operating, repairing and purchasing the necessary equipment;
    • expenses for the publication of information material, advertising and other printing products;
    • share participation in the financing of activities carried out by other organisations and which comply with the objectives of the Organisation;
    • targeted funding of individual programmes, including educational programmes, events, seminars and scientific-practical conferences.
  8. The Organisation is the owner of its assets,  owns, uses and disposes of its assets in accordance with applicable law with regard to the purpose and statutory objectives of the Organisation.
  9. The Organisation, institutions and organisations established by it are required to maintain operational and accounting record, statistical reporting, register with the bodies of the State Tax Inspectorate and make payments to the budget in the order and amounts prescribed by law.
  10. Income (profits) of the Organisation may be used exclusively to finance expenditures to maintain the Organisation,   realization of its purpose (goals, objectives) and activities determined by this Statute.
  11. Income (profits) of the  Organisation  or part thereof are not subject to distribution among its members, founders, employees (except for the payment of their labour, accrual of a single social contribution), members of management bodies and other persons related thereto and may not be used for the benefit of any individual member of the Organisation.

 

X. PROCEDURE FOR THE ESTABLISHMENT, ACTIVITIES AND TERMINATION OF SPECIAL UNITS (BASIC ORGANISATIONS) OF THE ORGANISATION

  1. The Organisation may have separate units (basic organisations), which are formed by the decision of the General Meeting of the Organisation.
  2. Basic organisations are created by bringing together members of the Organisation to conduct joint activities on a territorial basis with at least ten members of the Organisation at their place of residence.  The basic organisations operate on the territory of the relevant district or settlement.
  3. The Organisation has in its structure basic organisations with the status of legal entity that were registered prior to 01/01/2013. Basic organisations registered after 01/01/2013 shall have no legal entity status.
  4. The basic district organisations which preserve the status of legal entity is the Berehovo District Organisation of the Cultural Alliance of Hungarians in Sub-Carpathia , Uzhhorod District Organisation of the Cultural Alliance of Hungarians in Sub-Carpathia  and Mukachevo District Organisation of the Cultural Alliance of Hungarians in Sub-Carpathia. Basic organisations operate in the territory of the relevant district.
  5. Local level basic organisations are formed on the territory of the relevant  settlements. On the territory of one settlement one basic organisation shall be created.
  6. Local level basic organisations have no legal entity status, except for those registered prior to 01/01/2013 and having the status of  legal entity.
  7. In their activities basic organisations are guided by the Statute of the Organisation. Basic organisations with the status of legal entity operate based on their provisions. Provisions on a basic organisation with the status of legal entity shall contain information on the name of the basic organisation, the procedure for the election (appointment) and powers of the governing bodies (where appropriate the supervisory bodies) and the leading authorities (controlling bodies if necessary).  The provisions regarding the basic organisation with legal entity must not contravene the laws of Ukraine and the Statute of the Organisation.
  8. Information about the created basic organisations shall be submitted to the competent registration authority.
  9. The basic organisations represent interests of the Organisation and ensure the implementation of the objectives specified in the Statute of the Organisation.
  10. The basic organisations represent the interests of the Organisation and ensure the fulfillment of the tasks specified in the Statute of the Organisation in the given area.
  11. The governing bodies of the basic organisations and the rules for their operation are laid down in the Provisions on the Basic Organisation with the status of legal personality.
  12. Basic organisations shall have the following powers:
    • implement the statutory purpose and objectives of the Organisation in a certain territory within the limits provided by the Provision (for basic organisations with the status of legal personality);
    • carry out work on attracting new members by means not prohibited by current legislation of Ukraine;
    • represent the Organisation in the territory of a certain administrative and territorial unit;
    • elect the Chairperson, Secretary, Chairmanship, Treasurer, and in case the quantitative composition requires it, their structure can be formed in accordance with the organisational structure,
      The governing body of the basic organisation is the general meeting of its members.

    Az alapszervezet vezető szerve a tagok közgyűlése.

  13. The basic organisation is lead by the Chairman of the basic organisation.
    1. The Chairman of the basic organisation is the senior official of  the basic organisation, and  has the right to represent the basic organisation in relations against third parties. The Chairman of the basic organisation is elected by the general meeting of the members of  the basic organisation for a term of three years. The Chairman of the basic organisation is elected only from among the members of the Organisation.
    2. The Chairman of  the basic organisation in accordance with his/her powers, shall:
      • chair the Board of Governors of  the basic organisation;
      • ensure  the implementation of the statutory objectives of the Organisation, decisions of the General Meeting  and resolutions of the Board of Governors, sign the amendments to the founding documents;
      • open bank accounts;
      • have the right to sign financial documents;
      • supervise  the activities of the  Board of Governors of the basic organisation;
      • issue orders and instructions that are mandatory for all members of the basic organisation;
      • have other powers delegated to him/her by the general meeting of members of the basic organisation.
    3. The Chairman of the basic unit shall have the right to:
      • use the organisation’s name and symbols to accomplish its tasks
      • receive assistance in the implementation of the objectives of the Organisation from the governing bodies and officials of the basic unit;
      • be present at the general meeting of the members of  the basic organisation;
      • petition the governing bodies of the Organisation;
      • protect his/her legitimate rights and interests;
      • delegate part of his/her powers to the Vice Chairman (with the consent of the other members of the Presidency),  to one of the members of the Presidency, which is executed by relevant decision or order, and, if necessary, by power of attorney.
    4. The Chairman of the basic organisation shall be required to:
      • comply with the requirements of the Statute of the Organisation and this Provisions;
      • comply with the decisions of the governing bodies of the Organisation (adopted in accordance with the Statute of the Organisation and current legislation of Ukraine);
      • prevent activities that damage the reputation and integrity of the Organisation.
    5. The Chairman of the Board of Governors of the basic organsation may delegate part of his/her powers (with the consent of other members of the Presidency) to one of the members of the Board of Governors and which is executed by the relevant decision or order, and, if necessary, by power of attorney. In the absence of the Chairman of the Board of Governors of the basic organization,  his/her duties shall be performed by one of the members of the  Board of Governors with  a prior consent of a simple majority of  its members.
  14. The highest governing body of the basic organisation is the General Meeting.
    1. The General Meeting of the basic organisation shall have a quorum if at least two thirds of its members are present.   Decisions of the general meeting of the basic organisation shall be adopted by a simple majority of votes of  the members present. The decision to amend and supplement the provisions shall be adopted by a ¾ majority of the persons present at the general meeting.
    2. The exclusive competence of the General Meeting of the members of the basic organisation shall include:
      • amending and supplementing the Provisions of  the basic organisation;
      • hearing  reports of the Chairman of the basic organisation;
      • decision on the establishment of the Funding Committee;
      • disposal of the funds and assets of the Organisation within the limits specified by the Statute of the Cultural Alliance of Hungarians in Sub-Carpathia ;
      • election of the Chairman and Vice Chairman of the basic organisation;
      • approval of the Chairmanship of the basic organisation;
      • election of  the Chairman and  members of the Supervisory Committee of the basic organisation;
      • election of Chairman and members of other bodies of  the basic organisation;
      • consideration of complaints against decisions, actions or inactions of the governing bodies and officials;
      • making decisions on the establishment or dissolution of the basic organisations in the settlements;
      • making decision on the establishment of temporary committees to ensure functioning of  the basic unit
  15. The Board of Governors of the basic organisation is the governing body between the General Meetings.
    The Board of Governors  consists of the Chairman of the basic organization and members of the organisation.

    1. The Board of Governors of the basic organisation shall manage the entire activity of the basic organisation.
      The Board of Governors of the basic organisation is elected by the assembly of members for a term of three years in the number established by the general meeting of the members of the basic organisation.
    2. The competence of the Board of Governors of the basic organisation shall include:
      • approval of plans and programmes of activities that follow from the objectives of  the basic organisation;
      • work on the preparation and convening of the General Meeting and on the implementation of the decisions of the supreme body of the basic organisation;
      • ensuring the implementation of the basic organisation’s current and prospective plans;
      • hearing – prior to the  general assembly of the members of the basic organization – annual reports of the Chairman of  the basic  organisation;
      • discussing and deciding on issues related to the activities of the basic organisation;
      • concluding agreements on cooperation and mutual assistance with other non-governmental associations on behalf of the Organisation;
      • other issues with regard to the basic organisation, which are not within the competence of the highest body of the basic organisaion.
    3. Regular meetings of the Board of Governors of  the basic organisation shall be convened not less than once in a half year, while extraordinary meetings  – on the initiative of the Chairman of the basic organisation.  A meeting of the Board  of Governors shall constitute a quorum if at least half of its members are present. Decisions of the Board of Governors shall be taken by open vote by a simple majority of the members of the Board present at the meeting.
  16. The Presidency of the organisation is the governing body between the meetings of the Board of Governors.
    1. The Presidency includes the Chairman of the basic organisation, his/her vices and its members in the number determined by the general meeting.
    2. The Presidency shall meet at least once a month. Its work is coordinated by the Chairman of the basic organisation.
  17. The basic organisation may, on the basis of the decision of the general meeting,  decide on the establishment of committees to ensure the functioning of  the basic organisation.
  18. The activities of the basic organisation may be terminated by its closure pursuant to a decision of the general meeting of the Organisation.

 

XI. AMENDMENTS AND SUPPLEMENTS TO THE STATUTE OF THE ORGANISATION

  1. Introducing changes and amendmenst to the Statute of the Organisation is the competence of the General Meeting of the Organisation.
  2. Decisions of the General Meeting of the Organisation to amend and supplement the Statute shall be deemed adopted if at least 3/4 of those present at the General Meeting of the members of the Organisation have voted in favour of such a decision.
  3. Changes and amendments to the Statute of the Organisation are subject to mandatory registration, unless otherwise provided by the current legislation of Ukraine.
  4. The decision on amendments is documented by a protocol in accordance with the procedure established by legislation.
  5. The Organisation shall notify the authorised registration authority on the introduced amendments within 60 days from the date such decision was made by the General Meeting of the Organisation.

 

XII. TERMINATION OF THE ACTIVITY OF THE ORGANISATION

  1. Termination of the Organisation’s activity shall take the form of self-dissolution or reorganisation by attachment to another organisation or by judicial decision of dissolution.  
  2. Decision on self-dissolution of the Organisation is made by the General Meeting of the Organisation.
  3. In order to resolve issues related to the termination of the Organisation, the General Meeting shall establish a Liquidation Committee and take a decision on the use of the funds and assets of the Organisation following its termination. The numerical and personal composition of the Liquidation Committee and the procedure for its election shall be determined by the General Meeting;
  4. In the event of  liquidation of the Organisation, its assets must be transferred to one or more relevant non-profit organisations or transferred to the state budget.  
  5. The Liquidation shall be deemed completed, and the Organisation such as has ceased its activity following the relevant entry into the Register of the Social Organisation and the registration in the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.  
  6. The Organisation may be reorganised in the form of accession to another organisation of a similar status. The reorganisation may be carried out on the basis of the decision of the social organisation to cease its activities and its accession to another organisation, and the decision and consent of the organisation to which it wishes to accede.
  7. Accession of the Organisation to public associations shall not be deemed as liquidation and does not result in termination of its activity.
  8. In the event of a decision to ban the Organisation is adopted, its funds, sums of money and other assets will be transferred to the state budget by court order.