STATUTE

1. GENERAL PRINCIPLES

1.1. The Ukrainian Agrarian Confederation all-Ukrainian community association (hereinafter referred to as UAC) is an all-Ukrainian community organization established in order to protect interests of its members and carry out its statutory activities.

1.2. In its activities, UAC is governed by the Constitution of Ukraine, the Law of Ukraine on Citizens’ Associations, existing legislation, and this Statute.

1.3. UAC acts on the grounds of voluntariness and equality of its members, legality and publicity.

1.4. UAC acquires the legal person rights according to the procedure established by legislation of Ukraine.

1.5. UAC is entitled to enter into agreements on its behalf, acquire property and non-property rights, bear responsibilities related to its activities, and act as a plaintiff or defendant in courts including economic courts and courts of referees.

1.6. UAC has the right to represent interests of its members, by their consent, in public and other authorities, organizations and courts in accordance with the established procedure.

1.7. UAC is a nonprofit organization and has no aim of earning profits.

1.8. UAC is not liable for obligations of its members while the latter are not liable for UAC’s obligations.

1.9. UAC’s collective members retain their independence and legal person rights in accordance with their statutes and as per existing legislative acts of Ukraine.

1.10. UAC has the right to be a member in other associations.

1.11. UAC has its own balance sheet, accounts with banking institutions, a round seal bearing its name, and corner stamps; it may have symbols (emblem) and other particulars to be approved by the UAC Council. The UAC’s symbols are registered according to the procedure provided for by existing laws.

1.12. Location of the UAC’s executive body (legal address) is Kyiv 01033, vul. Saksahanskoho, 53/80, office 807.

1.13. UAC is recognized as an all-Ukrainian community organization.

1.14. UAC’s name

Full name in Ukrainian:

- Vseukrainske hromadske obyednannya “Ukrainska ahrarna konfederatsiya” (Ukrainian Agrarian Confederation all-Ukrainian community association).

Abbreviated name in Ukrainian:

- VHO “UAK” (UAC ACA).

1.15. The UAC’s activities cover the entire territory of Ukraine.

 

2. UAC’S OBJECTIVE AND TASKS

2.1. UAC’s objective is to take part in the policy making and implementation in the agro-industrial sector for the sake of strengthening national economy, developing international economic cooperation, improving Ukrainian people’s welfare, and meeting and protecting legitimate interests of its members.

2.2. UAC’s major tasks are as follows:

- carrying out educational activities in the policy making and implementation in the agro-industrial sector, namely: participating in the development of conceptual and practical programs that consider interests of domestic commodity producers and consumers; establishing scientific centers to study problems of Ukraine’s agro-industrial complex; examining and advocating domestic and foreign experience in the agro-industrial policy area; conducting expert research for UAC members;

- carrying out scientific activities in the policy making and implementation in the agro-industrial sector;

- promoting establishment and usage of printed and electronic mass media in accordance with the procedure specified in existing legislation;

- promoting improvement of the agro-industrial sector’s legal regulatory framework, study and generalization of international experience, adaptation of international standards and rules to meet Ukrainian conditions;

- promoting higher efficiency of the state policy in the agro-industrial sector;

- promoting development and popularization of quality standards in Ukraine’s agro-industrial sector according to internationally recognized norms;

- promoting enhancement of mutual confidence, good faith and business partnership in relations between UAC members, public authorities, community organizations and Ukrainian citizens, and international organizations, foreign nationals and stateless persons.

 

3. UAC’S ACTIVITY AREAS

3.1. UAC’s activity areas are as follows:

- representing UAC members’ interests before public authorities and community organizations;

- assisting in the provision of consultative, organizational, legal, methodological or other help to UAC members on agro-industrial policy matters;

- assisting in the provision of advices and training on scientific, methodological and informational problems including organization of various kinds of training events and programs for UAC members;

- assisting in the design of software, as well as in the development and filling of a computer-aided data base of data concerning regulation and enhancement of the agro-industrial complex;

- assisting in the creation of an information support system for UAC members;

- promoting public awareness concerning the activities carried out by UAC and its members;

- carrying out activities, mainly for its members, aimed to improve skills thereof;

- cooperating with public authorities and other organizations in the agro-industrial sector;

- providing community support for the submission of proposals and initiatives to public authorities concerning development of market relations and fair competition;

- taking part in the development of proposals concerning state policy in the agro-industrial sector;

- engaging in the organization and holding of conferences, seminars, symposia, meetings, round tables, including international, on the nonprofit terms at the expense of membership and sponsor contributions.

3.2. UAC’s relations with other organizations, enterprises and individuals in connection with their economic activities are formalized, if necessary, with agreements and contracts.

3.3. UAC carries out economic and other commercial activities by means of founding enterprises, organizations and institutions having a legal person status in accordance with the procedure specified in existing legislation.

 

4. UAC MEMBERSHIP

4.1. UAC membership is fixed. UAC membership is individual and may be collective.

4.2. Citizens of Ukraine, foreign citizens, and stateless persons, at least 18 years of age, who recognize and comply with requirements of the UAC Statute and pay membership fees may be individual UAC members.

4.3. Labor collectives of enterprises, organizations or institutions that recognize and comply with UAC’s statutory requirements, promote its activities, recognize requirements specified herein and pay membership fees may be collective UAC members.

4.4. Membership fee amounts for individual and collective members are established by the UAC Presidium.

4.5. Individual members are admitted to UAC by a local cell council based on a claimant’s written application that must necessarily contain his/her commitment to comply with the UAC Statute.

4.6. Collective members are admitted to UAC by the UAC Presidium based on a written application from the enterprise, institution or organization director and an authorized representative of a community association (union, congress, movement, fund, etc.), and minutes of the labor collective’s meeting that resolved to join UAC. The minutes must contain the commitment to comply with the UAC Statute.

4.7. The application is only examined on the case-by-case basis given mandatory presence of the applicant.

4.8. Individual UAC membership is certified with a membership card, and collective UAC membership is certified with a membership certificate forms of which are approved by the UAC Presidium.

4.9. UAC membership is terminated as a result of:

- committing any action inconsistent with the UAC Statute that resulted in damage to UAC’s business reputation;

- failure to pay membership fees with no good reason during a year;

- voluntary withdrawal from UAC by means of submitting a corresponding written application.

4.10. Decisions to terminate membership of individual UAC members are made by the meeting (conference) of the local cell where they are registered.

4.11. Decisions to terminate membership of collective UAC members are made by the UAC Council.

4.12. Any person expelled from UAC may within a month file an appeal with governing or control bodies of the higher level local cell, the UAC Congress, or the UAC Audit Commission.

4.13. Procedures of admitting to and terminating membership in UAC as well as procedure of UAC members registration are defined by the Regulations on Admission to UAC, Termination of UAC Membership and UAC Members Registration as well as by this Statute.

 

5. UAC MEMBERS’ RIGHTS AND RESPONSIBILITIES

5.1. Any individual UAC member has the right to take part in meetings (conferences) of the local UAC cell where he/she is directly registered.

5.2. Every UAC member has the right to:

- take part in activities carried out under the UAC aegis as per the approved activity areas;

- obtain information about activities of UAC and its bodies;

- elect and be elected to UAC’s governing and control bodies;

- apply to UAC for protection of his/her/its rights and interests;

- submit proposals to UAC’s governing bodies on any matter concerning their or UAC’s activities;

- mention their UAC membership in public statements;

- withdraw from UAC freely;

- have other rights according to this Statute and Ukrainian laws.

5.3. UAC members are required to:

- comply with requirements of the Statute;

- be registered in one of the UAC local cells or in the UAC Directorate;

- be directly engaged in the UAC’s work;

- promote achieving the UAC’s objective and performing its tasks;

- comply with resolutions passed by UAC’s governing and control bodies;

- pay membership fees regularly and timely;

- bear other responsibilities according to Ukrainian laws and this Statute.

 

6. UAC’S LOCAL CELLS

(hereinafter referred to as “local cells”)

6.1. Local cells (oblast, Crimean republican, Kyiv and Sevastopol city and district, city district cells) are established and act according to the administrative and territorial division of Ukraine pursuant to a resolution by the constituent meeting and to a resolution by the UAC’s appropriate body, which are passed in accordance with this Statute.

6.2. Local cells operating in the lower-level administrative and territorial units are parts of the local cells operating in the higher-level administrative and territorial units.

6.3. Any local UAC cell is registered and legalized provided a resolution to that effect has been passed by the higher-level cell’s meeting (conference) or, for the Crimean republican, oblast, Kyiv and Sevastopol city cells, by the UAC Presidium.

6.4. Local UAC cells may be legalized in accordance with existing legislation, that is by means of their state registration or by means of notifying on their establishment according to the procedure prescribed by law.

6.5. Local UAC cells are governed hereby and required to comply herewith.

6.6. Local UAC cells act on the basis of this Statute and their statutes approved by their supreme governing bodies and by the UAC Council.

6.7. A local cell’s resolutions may not contradict those passed by governing bodies of a higher-level local cell or by UAC’s governing bodies.

 

7. UAC’S GOVERNING BODIES

7.1. UAC’s governing bodies include the UAC Congress, the UAC Council, and the UAC Presidium. The UAC President and the UAC Director-General are governing persons. To exercise control over the UAC’s financial activities an Audit Commission has been established.

The UAC Congress

7.2. The Congress is the UAC’s supreme body. The UAC Congress is held at least once every five years. The UAC Congress is convoked by the UAC Council at its own initiative or at the request from no less than 1/3 of oblast, Crimean republican, Kyiv and Sevastopol city UAC cells and no less than 1/3 of collective members. The decision to convoke a Congress at the request is made no later than a month after the receipt of appropriate documents from local UAC cells and collective members.

7.3. Delegates to a Congress are elected by meetings (conferences) of Crimean republican, oblast, Kyiv and Sevastopol city UAC cells as well as are delegated by collective members as per the election quotient established by the UAC Council.

7.4. The UAC Congress is deemed qualified if more than a half of the elected delegates are taking part therein.

7.5. The UAC Congress:

- defines the UAC’s strategy of action;

- approves reports of the UAC Council and the UAC Audit Commission;

- adopts the UAC Statute, amends and supplements it;

- elects the UAC President, Vice Presidents, and the Audit Commission Chairperson;

- defines the quantitative composition of the UAC Council and the Audit Commission and elects members thereof;

- exercises the right of ownership of the UAC’s property and funds, and delegates certain functions for economic management of the property and funds to the UAC Council;

- examines appeals against decisions of the UAC’s governing bodies, persons, local cells, Audit Commission, and local-cell audit commissions; may reverse decisions made by any of the UAC’s governing bodies, persons, local cells, Audit Commission, and local-cell audit commissions;

- passes resolutions, if necessary, on dissolution of local cells according to this Statute;

- passes a resolution to reorganize UAC;

- passes a resolution to liquidate UAC; in such a case it defines the number of and elects the Liquidating Commission members.

7.6. Resolutions concerning liquidation or reorganization of UAC, adoption of its Statute, amending or supplementing it are passed by 2/3 of the number of delegates present. Any other resolution is passed by the majority of delegates registered.

The UAC Council

7.7. During the period between congresses, the UAC’s activities are managed by the UAC Council. The UAC Council is convoked by the UAC Presidium at its own initiative at least once every six months or at the request from at least one third of the Council members.

7.8. The UAC President is ex officio the Council Chairperson whereas the Council members include UAC Vice Presidents, Presidium members, and Director-General. The UAC Audit Commission Chairperson has the right to take part in the meetings with an advisory vote.

7.9. The UAC Council:

- implements specific directions of the UAC’s activities during the period between congresses, and approves the UAC’s working plans according to the tasks defined by the UAC Congress;

- elaborates measures aimed to implement resolutions of the Congress, explains them, and controls their implementation;

- approves the report of the UAC Directorate-General;

- establishes UAC’s permanent or provisional advisory and working bodies, defines their competence, approves their structure, appoints and dismisses their heads, defines the composition of advisory bodies (except for staff members);

- creates Commissions for major areas of the UAC’s activities, approves Regulations thereon, and directs their work;

- establishes election quotients for the UAC Congress for Crimean republican, oblast, Kyiv and Sevastopol city bodies and collective UAC members;

- organizes holding of the UAC Congress and prepares draft documents to be considered thereat;

- elects members of the UAC Presidium at the UAC President’s nomination;

- expels collective members from UAC for any act inconsistent herewith as well as for failure to pay membership fees;

- approves the UAC’s symbols, samples of seals and stamps;

- makes statements on UAC’s behalf;

- coordinates the work of local UAC cells;

- may delegate some part of its powers to the UAC Presidium and President;

- may reverse any resolution passed by the UAC Presidium or President.

7.10. The UAC Council is elected for a five-years term. A meeting of the UAC Council is qualified if the majority of the Council members are present thereat. Resolutions are passed by the majority of the members present.

The UAC Presidium

7.11. During the period between congresses and Council meetings the UAC’s activities are managed by the UAC Presidium. The UAC Presidium is convoked by the UAC President at his/her own initiative at least once per month.

7.12. The UAC President is ex officio the Presidium Chairperson whereas the Presidium members include UAC Vice Presidents and Director-General as well as any members elected by the UAC Council. The UAC Audit Commission Chairperson has the right to take part in the meetings with an advisory vote.

7.13. The UAC Presidium:

- admits new collective UAC members;

- passes resolutions on recognition of local UAC cells;

- organizes and controls execution of the UAC Council’s resolutions;

- accomplishes operational management of the activities of UAC’s local cells and institutions;

- makes statements on topical issues of public and political life;

- passes a resolution on the establishment of a permanent court of referees under UAC; approves Regulations thereon, a standing order thereof, and lists of referees;

- represents UAC in foreign relations;

- approves the Regulations on Payment of Membership Fees, and the Regulations on Admission to UAC, Termination of UAC Membership and UAC Members Registration;

- approves the Regulations on the UAC Directorate-General and its structure, and controls its activities;

- approves and releases the Director-General at the UAC President’s nomination;

- exercises powers of the Council within the limits specified by the latter;

- establishes amounts of membership fees for individual and collective UAC members;

- convokes the UAC Council;

- passes resolutions on the establishment of local cells, enterprises or institutions, and approves regulations thereon.

7.14. The UAC Presidium is elected for one year. A meeting of the UAC Presidium is qualified if the majority of the Presidium members are present thereat.

7.15. The Presidium’s resolutions may be passed either at its meetings or by questioning its members. Any resolution passed by a meeting is qualified if more than a half of the Presidium members present voted for it. Any resolution passed by questioning is qualified if more than a half of the Presidium members voted for it.

The UAC President

7.16. During the period between congresses, Council and Presidium meetings, the UAC’s activities are managed by the UAC President who:

- signs documents on the UAC’s behalf;

- presides over the UAC Council and Presidium meetings;

- represents UAC, with no power of attorney, in foreign relations;

- provides general management for the work of UAC’s governing, executive, advisory bodies and printed organs;

- convokes and organizes preparation of the UAC Presidium meetings;

- nominates a person as the would-be Director-General for consideration by the UAC Presidium Council and, if necessary, submits a proposal on his/her dismissal;

- approves, as advised by the Director-General, the Directorate’s staffing table. Staff employees of the Directorate are covered by the existing laws on labor, social security and social insurance;

- represents the UAC’s interests in public and community institutions.

7.17. The UAC President may delegate his/her powers in full or partially to a UAC Vice President, on which he/she notifies the UAC Council in written. Powers are delegated for a certain period, and the delegation may be revoked by the UAC President’s decision.

The Directorate-General

7.18. The Directorate-General headed by the Director-General is UAC’s permanent executive body.

7.19. The Directorate-General:

- ensures execution of the resolutions passed by the UAC Congress, Council, and Presidium;

- drafts UAC’s working plans according to the tasks set by the UAC Congress, Council, and Presidium;

- ensures functioning of UAC’s governing and, if necessary, advisory bodies;

- keeps record of and registers collective UAC members and local cells;

- provides methodological assistance for activities of local cells;

- accomplishes operational management of UAC’s property and funds;

- maintains and keeps UAC’s documentation.

The Director-General

7.20. The Director-General leads the Directorate-General’s work, concludes labor agreements (contracts) with UAC employees on UAC’s behalf, and represents UAC’s interests before other persons within his/her competence.

7.21. The Director-General is appointed by the Presidium.

7.22. The Director-General has the following powers:

- the right to sign on UAC’s behalf any agreement or other document related to UAC’s activities; the power to sign banking documents; the right to act on UAC’s behalf with no power of attorney;

- approval of internal regulations, rules of the organization’s economic activities, and other internal documents;

- approval of the staffing table and salaries of the organization’s staff employees, amounts of bonuses and bonus payment procedures;

- hiring and dismissal of staff employees, motivation, imposition of penalties, conclusion of labor agreements with UAC employees on UAC’s behalf;

- organization of accounting and reporting;

- signing of agreements and financial and economic documents on UAC’s behalf with no power of attorney, issue of instructions, opening and closing of accounts with banking institutions;

- execution of other functions and dealing with such other issues that are commissioned to him/her according to the Statute and to resolutions passed by the UAC’s general meeting.

The UAC Audit Commission

7.23. The UAC Audit Commission is the UAC’s controlling body elected by the Congress for five years.

7.24. The Audit Commission’s meeting is qualified if more than a half of its members are present.

7.25. The Audit Commission:

- defines its structure;

- considers claims on violation of provisions hereof, legislation or rules of morality by UAC members, local cells or bodies thereof;

- considers conflict situations inside UAC and makes recommendations concerning them;

- suspends execution of resolutions of governing bodies (except for the Congress) or persons of UAC or its local organizations if such resolutions are in conflict herewith or were passed in contravention hereof;

- verifies budget execution by UAC’s governing and executive bodies;

- audits UAC’s financial and economic activities at least once a year;

- reports on results of its activities to the Congress;

- coordinates the work of local cells’ audit commissions.

7.26. The UAC President, Vice President, Presidium or Council members may not be members of the Audit Commission.

7.27. The Audit Commission’s resolutions are passed by the majority of those present at its meeting. The Audit Commission’s meetings are chaired by its Chairperson.

 

8. LEGAL STATUS, PROPERTY AND FUNDS OF UAC AND LOCAL CELLS THEREOF

8.1. UAC and its local cells, which acquired a legal person status, have at their disposal property and funds as well as accounts with banking institutions.

8.2. UAC and its local cells may own moneys, buildings, structures, means of transport, or other property that they are not prohibited to have according to existing laws.

8.3. UAC’s funds and property are used solely for the performance of its statutory tasks.

8.4. UAC’s activities are financed at the expense of membership fees, honest deductions, charitable contributions, and grants.

8.5. UAC’s property consists of any property transferred to UAC by its founders, UAC members or the State, any property acquired from membership fees, any property donated by individuals, enterprises, organizations or local cells, and any property purchased for UAC’s own moneys or on other grounds not prohibited by law.

8.6. Sources of UAC’s funds and property include:

- membership fees;

- funds or property received free of charge or as irretrievable financial aid or voluntary donations;

- passive income;

- funds received from principal activities;

- subventions or subsidies received from state or local budgets, state or other special-purpose funds, or within the framework of charitable, including humanitarian, aid and technical aid provided according to legislation.

8.7. UAC, its local cells and collective members, as separate legal persons, bear independent financial and other responsibility for their activities and are not liable for obligations of any other legal person.

8.8. UAC and its local cells formulate and execute their own budgets and publish them annually; unused funds of an annual budget are carried forward to the revenue part of the next year’s budget and are not subject to withdrawal.

8.9. UAC and its local cells having a legal person status maintain current records and accounts as well as statistical reports, get registered with state tax inspectorate bodies, and make payments to the budget according to the procedure and in the amount prescribed by law.

 

9. ESTABLISHMENT PROCEDURE AND ACTIVITIES OF THE PERMANENT COURT OF REFEREES UNDER UAC

9.1. A permanent court of referees may be established and working under UAC according to the Constitution of Ukraine, the Law of Ukraine on Courts of Referees, other Ukrainian laws, and this Statute.

9.2. The permanent court of referees acts pursuant to the Regulations on the permanent court of referees and the Standing Order of the permanent court of referees approved by the UAC Presidium.

9.3. The list of referees of the permanent court of referees under UAC is approved by the UAC Presidium.

 

10. UAC’S ECONOMIC ACTIVITIES

10.1. In order to perform its statutory tasks and to provide material and organizational support for the activities of itself and its bodies, UAC may acquire properties and property rights according to its nonprofit organization status.

10.2. In order to perform its statutory tasks, UAC may conduct necessary economic and commercial activities by means of establishing self-financing institutions and organizations having a legal person status, and found enterprises according to the procedure established by law.

 

11. UAC’S INTERNATIONAL ACTIVITIES

11.1. UAC maintains direct international contacts and ties according to the procedure provided for in the existing laws, international treaties, and this Statute.

11.2. UAC studies working experience of international organizations and exchanges information about innovative forms and methods of work.

11.3. UAC takes part in the realization of international programs and projects as well as in the activities of international organizations.

 

12. REPORTING AND CONTROL PROCEDURES

12.1. UAC maintains records, accounts and statistical records according to the established procedure, and makes mandatory payments to the budget according to the procedure and in the amount specified in existing laws.

12.2. Responsibility for maintenance of records and accounts and for timely submission of accounting statements is placed on the UAC Director-General and accountant whose powers are defined by Ukrainian laws and this Statute.

 

13. TERMINATION OF ACTIVITIES OF UAC AND ITS LOCAL CELLS

13.1. Activities of any of UAC local cells are terminated if less than two members remain therein. Activities of a local cell may be terminated by a resolution of its meeting (conference) or by a resolution of the UAC Congress according to the procedure herein specified.

13.2. UAC’s activities may be terminated by means of liquidation or reorganization pursuant to the UAC Congress’ resolution. UAC’s liquidation may also be conducted pursuant to the decision of a court or economic court.

13.3. If a resolution to terminate UAC’s activities is passed by the Congress, then all the questions about usage of its property and funds are decided by the Congress and by the Liquidation Commission elected by the Congress, according to existing laws and this Statute.

13.4. If the decision to liquidate UAC is made in a judicial proceeding, then all the property-related, financial and other questions concerning the liquidation are decided within the existing legislation framework in accordance to the court decision.

13.5. Liquidation is deemed as completed and UAC as liquidated upon entering a record on that into the state register.

13.6. The resolution to reorganize UAC is passed by the Congress according to the procedure herein specified. All the property-related, financial and other questions concerning the reorganization are decided by the Congress.

13.7. Upon termination of UAC’s activities the same of all local cells thereof are also terminated.

13.8. If UAC is liquidated all its property and funds are transferred to another nonprofit organization of a similar type, and in cases prescribed by existing laws they become revenue of the state.

 

14. PROCEDURE OF AMENDING AND SUPPLEMENTING THE UAC’S STATUTE

14.1. The Statute is valid indefinitely until the UAC’s activities are terminated.

14.2. The Statute may be amended by the Congress’ resolution. Amendments to UAC’s statutory documents are registered according to requirements specified in existing Ukrainian laws.