Комітет Підприємців Львівщини

Statute

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />STATUTE OF LVIV ENTREPRENEURS COMMITTEE

 

Approved by the Constituent Meeting of the Lviv Entrepreneurs Committee
Minutes No.1 as of February 12, 2005
Registered by Lviv Regional Justice Department on April 14, 2005
 


1.  GENERAL PROVISIONS

1.1. Public organization “Lviv Entrepreneurs Committee” (hereinafter – the Committee) is a local non-governmental organization, established with the aim of protection of legal economic, social, creative, political and other rights of entrepreneurs and other common interests of its members, according to the General Declaration of Human Rights, Constitution of Ukraine, international treaties, consent to by bound by which was given by the Supreme Council of Ukraine, laws of Ukraine “On Associations of Citizens”, other regulations of the legislation of Ukraine.
1.2. The Committee was created on the basis of the decision of the Constituent Meeting, held in Lviv on February 12, 2005, which was substantiated by the Minutes of the Constituent Meeting No.1. 
1.3. The Committee acts under the principles of democracy, equality of members, legitimacy, self-financing, self-government, and publicity according to the valid legislation of Ukraine.
The Committee has no subordination and is fully independent in the realization of its tasks and goals. The Committee is not liable for the responsibilities of the state and its members, and the Committee members are not liable for Committee obligations to the extent of their property.  
1.4. The Committee is open for joining of and cooperation with Ukrainian and foreign citizens, which share its aim of establishment, ideas and statutory tasks, and collaborates with Ukrainian and foreign state authorities, organizations, other institutions according to the legislation in force.  
1.5. The Committee is a non-profitable public organization, and its aim of establishment and statutory activity is not the realization of entrepreneurship activity and profit-making.
1.6. The full name in Ukrainian: Громадська організація «Комітет Підприємців Львівщини». The shortened name in Ukrainian: ГО «КПЛ».
1.7. According to the statutory tasks, the Committee activity covers the territory of Lviv region.
1.8. The Committee is a legal person and acquires this status from the moment of state registration in the procedure established by the legislation of Ukraine.
1.9. The Committee has current and other accounts in bank institutions, stamps, and round seal that bears its name. The Committee symbols are approved and registered in the procedure established by the legislation of Ukraine.
1.10. Location: (address): 8 Mitskevycha Square, Lviv, 79000, Ukraine. 


2. AIM AND PROGRAM GROUNDS 

2.1. The aim of the Committee establishment is the protection of legal interests and consolidation of Lviv entrepreneurs, promotion of free market economy principles, democracy, rule of law, strengthening of entrepreneurship as a driving force of stable positive development of Ukrainian society.
2.2. The Committee regards as absolute the principles of freedom and equality of people, rule of law in the State, mutual social responsibility of all citizens in Ukraine and national patriotism.   
2.3. The Committee stands for:
- fair Ukraine; rich and wealthy Ukraine; European Ukraine;  
- Ukraine as a state where human values, legitimacy, democracy and social justice dominate;
- Ukraine as a state, which is an important factor in the life of the world community in all spheres of social, political, cultural and economic life.
2.4. In its activity the Committee is guided by the principles of Christian morality.


3. STATUTORY TASKS AND FORMS OF ACTIVITY

3.1. Main tasks of the Committee:
- involvement of entrepreneurs in the preparation and approval of decisions that concern entrepreneurial activity at the central and local levels; 
- participation in formation of unified, clear and understandable rules of relations between the executive organs, regulatory bodies and entrepreneurs;  
- introduction of effective public control over the activity of regulatory bodies;
- development and implementation of proposals, directed at elimination of administrative barriers in the procedure of registration, liquidation of subjects of entrepreneurship activity, obtaining of permissions, licenses, other approvals;
- participation in the development of convenient procedures of receiving administrative services, professional standards of these services;
- ensuring of prompt and effective judicial protection of violated rights of the Committee members;
- protection of interests of the Committee member companies, violated as a result of decisions, actions or omissions of executive authorities, regulatory bodies or their officials;
- promotion of the principle of inevitability of punishment for violations in the sphere of entrepreneurship both for entrepreneurs and state authorities and its officials;
- participation in the elaboration of state personnel policy, public discussions of candidates for positions in the executive organs, regulatory bodies and law-enforcement authorities, exclusively on the basis of principles of professionalism, morality and patriotism;
- participation in the development of state policy in the sphere of fight against corruption and public control over the performance of official duties by civil servants, respectful attitude to citizens, managers and co-workers, adherence to the culture of communication; prevention of actions and deeds that can harm the interests of public service or negatively influence the reputation of a public servant;
- promotion of the principle of transparency and taking into account public opinion during the realization of state regulatory policy, obligatoriness and timeliness of informing physical and legal entities and their associations about adopted regulatory acts; 
- participation in planning of the activity on preparation of drafts of regulatory acts, participation in their discussion and tracing the effectiveness of acts in force; 
- initiation of revisions of regulatory acts that hinder the development of entrepreneurship, are inconsistent or do not comply with or duplicate the regulatory acts in force; 
- realization of public evaluation of regulatory acts of central executive authorities and their territorial organs, Council of Ministers of the Republic of Crimea, local executive authorities, and their correspondence with law;
 - holding of public hearings and public evaluations of draft laws of Ukraine, other legal acts, that regulate economic and administrative relations between regulatory bodies or other public authorities and subjects of economic activity, submitting proposals to the draft developers as regards improvement of those draft laws according to the principles of state regulatory policy; 
- making proposals to the regulatory bodies as regards modifications of regulatory acts adopted by these organs or recognising them as invalid, contravening the principles of state regulatory policy or adopted with violation of Law requirements;  
- addressing to the President of Ukraine, state authorities, their officials, self-governing authorities and their officials, which in certain cases and in the procedure established by the Constitution and laws of Ukraine have the right to abolish or terminate the acts of other state authorities, their officials, self-governing authorities and their officials, with proposals to abolish or terminate regulatory acts that contravene the principles of state regulatory policy or adopted with violation of Law requirements; 
- support of small and medium entrepreneurship; 
- support of domestic manufacturers; 
- creation of conditions for ensuring the employment of Ukrainian citizens, prevention of unemployment, creation of new workplaces; 
- organization of consultation on issues of Ukrainian legislation; 
- increasing qualification level of management personnel of enterprises by means of creation of respective education establishments;  
- ensuring participation of entrepreneurs in state and regional socio-economic, investment, ecological and other programs; 
- involvement of entrepreneurs in formation, placement and fulfilment on the contractual basis of state and regional orders for work fulfilment, service provision for the purpose of satisfaction of state and regional needs; 
- promotion of effective organizational and legal conditions for all-round realization of the constitutional right for participation in administration of state affairs, ensuring of openness of activity of state authorities, taking into account public opinion in the process of preparation and organization of fulfilment of their decisions, support of continuous dialogue with all social groups, creation of possibilities for free and objective coverage of all processes in this sphere by mass media;  
- development of partner relations and deep cooperation with state authorities, self-governing authorities and the public, provision of all-round support of socially important public initiatives; 
- participation, with the involvement of media, in a dialogue of heads of executive authorities with public, discussion of projects of the most important decisions and explanation of decisions taken by state authorities that touch the interests of entrepreneurs; 
- participation in the work of commissions, working groups, other consultative and advisory organs, established by the executive authorities;  
- expansion of the participation of entrepreneurs and their associations in discussion and solution of important issues of local interest;  
- monitoring of judicial practice in the economic sphere and promotion of formation of unified judicial practice with the purpose to prevent courts from taking of controversial decisions in identical cases; 
- development and realization of mechanism of disclosure of judicial decisions; 
- dissemination and implementation of the best practice of entrepreneurs in the territory of the region and state in general; 
- conducting of scientific researches in the sphere of economy and business, generalization of national and world experience for dissemination of this knowledge among all strata of population;  
- organization and holding of scientific-practical and educational seminar with the participation of national and foreign experts in the filed of economy, business and law; 
- dissemination of achievements of Ukrainian and foreign science and practice in the filed of economy, business and law with the aim of establishment of international cooperation with corresponding scientific and educational intuitions, organizations, associations, establishments, services of foreign countries; 
- development of business standards; 
- participation in formation and realization of state policy in the sphere of standardization; 
- creation and servicing of information databank on issues of economy and business; 
- organization of leisure for the Committee members. 

3.2. For the purpose of solution and realization of its statutory tasks, the Committee: 
- represents and defends the rights and interests of the Committee and its members in state authorities, institutions, enterprises, other organizations, judicial bodies; 
- develops equal relations in entrepreneurship activity, openness in relations with authorities; 
- promotes education and formation of healthy, spiritually and morally strong future generation of Ukrainian entrepreneurs; 
- takes part in organization and financial support of state and international programs, initiated by state and non-governmental organizations and institutions; 
- organizes, announces and hold conferences, monitorings, competitions, exhibitions and other similar events; 
- organizes and holds sporting and public events, competitions, exhibitions, lectures, seminars, auctions, lotteries in the procedure established by the legislation of Ukraine;  
- establishes and (or) provides support to schools, clubs, sport institutions and organizations; 
- propagates the activity of the Committee and events that it holds; 
- submits proposals to regulatory organs as regards the necessity of preparation of projects of regulatory acts, as well as the necessity of their revision; 
- in cases provided by the legislation, takes part in the development of projects of regulatory acts; 
- submits proposals and comments as to the promulgated projects of regulatory acts, takes part in open discussions of issues, connected with regulatory activity; 
- can be engaged by the regulatory organs into the preparation of analysis of regulatory influence, expert conclusions as to the regulatory influence and fulfilment of measures on tracing of the effectiveness of regulatory acts; 
- independently prepares the analysis of influence of regulatory acts projects, developed by the regulatory organs, traces the effectiveness of regulatory acts, submits proposals and comments to the regulatory organs or organs that according to the law approve decisions on the necessity of their revision on the basis of the analysis of reports on the effectiveness of regulatory acts; 
- receives from regulatory organs information on their regulatory activity, given in response to the appeals, submitted in the procedure established by the law; 
- realizes scientific-methodical, explanatory, research activity, establishes independently or together with other persons enterprises and organizations, necessary for ensuring and fulfilment of statutory tasks in the procedure provided by the law; 
- acts as a participant of civil and legal relations, makes any legal actions, acquires and realizes the right of ownership for the property; 
- sends the Committee members or other representatives under the Committee commission for the participation in negotiations, any other events; 
- creates its regional centres; 
- takes part in political and civil activity; 
- establishes mass media, carries out other publishing activity; 
- nominates candidates to local and central state authorities; 
- promotes the development of system of social and legal protection of entrepreneurship; 
- takes part in public activity, establishment of relations with state authorities and similar institutions, can unite with them into associations, unions; 
- creates teams for the elaboration and realization of projects, programs according to statutory tasks, engages into cooperation specialists, experts, scientists on the contractual or voluntary basis;  

 

4. INTERNATIONAL ACTIVITY 

3.1. In the sphere of international activity the Committee has the following rights: 
- take part in the international organizations, etc.; 
- conclude agreements, contracts, carry out the exchange of delegations in the territory of Ukraine and abroad;  
- conduct special seminars, workshops, advanced training courses with foreign partners; 
- organize and hold international conferences, forums, exhibitions, festivals and other events; 
3.2. The Committee has the right to create or enter into international public (nongovernmental) organizations, create international unions, support direct international contacts and relations, conclude respective contracts and take part in the implementation of other actions that do not contradict the aim of the Committee activity and international obligations of Ukraine. 


5. TERMS AND PROCEDURE OF ADMISSION TO MEMBERSHIP, WITHDRAWAL FROM MEMBERSHIP  

5.1. The Committee admits to membership physical persons, which reached the age of 18, share the aim of the Committee, recognize the provisions of the present Statute, Code of Honour, and other regulating documents of the Committee, are individual entrepreneurs, founders or shareholders of companies and other economic organizations, pay membership fees, and take active personal part in the Committee activity. 
5.2. The Committee has individual membership only. 
5.3. All Committee members have the right to: 
- take part in the work of the Committee organs; 
- receive information about Committee activity, organized events, future plans, etc.; 
- receive informational, legal, methodological, financial and other support of the Committee within the limits of its organizational and financial possibilities;  
- for motivated reasons to get acquainted with the current state of affairs, accounting statements;  
- to submit proposals as regards perspective and current activity; 
- to be elected as a member of the Revision Commission; 
- to vote during the approval of decisions by the General Meeting of the Committee; 
- to withdraw from the Committee membership. 
5.4. All Committee members are obliged to: 
- adhere to and scrupulously fulfil the provisions of the present Statute, Committee Regulations, decisions of the management board; 
- directly take active part in the Committee work, comprehensively promote the fulfilment of the statutory tasks;  
- to pay membership fees according to the “Regulations on membership fees of the Committee”.  
5.5. Admission of new members into the Committee takes place at the General Meeting of the Committee or at the meetings of the Committee Council in case of transfer of such powers to it by the General Meeting.  All meetings, at which the admission of new members takes place, are open. 
In order to be accepted into the Committee, the candidate should submit not later than 20 days before the meeting, at which the admission will take place, the following documents (in written and electronic form):  application in the name of the Head of the Committee, filled questionnaire of the type established by the Committee, recommendations of three Committee members, three photos 3x4 cm. 

5.6. Withdrawal from membership takes place: 
- on the member’s own will; 
- by the decision of the General Meeting of Committee Council in case of delegation of such powers to it. 
5.6.1. The membership can be terminated on the own will upon the submission of application in the name of the Head of the Committee. 
5.6.2. The issue of membership termination can be initiated by the Head of the Committee, a member of the Committee Council, treasurer, the Head of the Revision Committee, or a group of three Committee members. 
The initiative should be formalized by corresponding applications in the name of the Head of the Committee with listing of all motives and be submitted not later than 7 days before holding of respective meeting. 
The person, with regard to which the initiative of membership termination is taken, should be notified of corresponding motions not later than 5 days before the respective meeting.


6. SOURCES AND PROCEDURE OF USE OF FUNDS AND OTHER PROPERTY 

6.1. On the basis of ownership right, the Committee possesses funds and other property, necessary for the realization of its statutory tasks.  The Committee uses its property at its own discretion according to the present Statute.  
6.2. The sources of the Committee funds and property accumulation: 
- admission and membership fees; 
- voluntary donations, charitable and sponsorship contributions of individual citizens, enterprises, institutions, organizations, including foreign ones; 
- allocations from self-sustained institutions, organizations, established in special order, founded enterprises; 
- other sources, not prohibited by the legislation of Ukraine in force. 
6.3. The Committee independently determines the procedure of funds formation, directions of use of financial assets.  The Committee right of ownership is realized by the superior body – General Meeting.  Some functions of the Committee property management can be vested into other management bodies of the Committee according to the present Statute. 
6.4. The Committee is entitled to carry out any actions as regards to its property that do not contradict the law. The Committee is entitled to sell and transfer to other enterprises, organizations and institutions, exchange, lease, give in temporary free use or lend buildings, constructions, equipment, transport facilities, inventory, raw materials and other material values, as well as write them off the balance sheet. 
6.5. The procedure of payment of admission and membership fees is determined by the “Regulation on Committee membership fees”. 
6.6. The Committee funds and property cannot be freely distributed between its members; they are used for the achievement of goals and solution of tasks, provided hereby. 


7. PROCEDURE OF ESTABLISHMENT AND ACTIVITY OF STATUTORY BODIES, REGIONAL CENTRES AND THEIR POWERS 

7.1. The management bodies of the Committee:
- General Meeting of the Committee; 
- Committee Council; 
- Head of the Committee, Deputy Head of the Committee. 
7.2. The General Meeting is the highest management body of the Committee.  All Committee members take place in the work of the General Meeting.   Transfer of right to participate in the meeting to the third person (representative) is not allowed. 
7.3. The following issues belong to the exclusive powers of the General Meeting: 
- approval of the Committee Statute and its amendments; 
- election of the management bodies of the Committee:  Committee Council, Head, Deputy Head, Revision Commission, Treasurer; 
- election of the Ethic Commission of the Committee; 
- approval of final annual reports of the Committee management bodies; 
- creation of regional centres of the Committee; 
- approval of statutes of regional centres of the Committee; 
- adoption of Regulations and other internal documents of the Committee and introduction of amendments. 
7.4. The following powers of the General Meeting can be delegated to the Committee Council: 
- admission of new members; 
- termination of membership. 
- creation of standing commissions of the Committee and approval of their personal composition; 
- creation of interim commissions of the Committee and approval of their personal composition; 
- creation of executive structures of the Committee; 
- approval of financial and economic plans of the Committee. 
7.5. The Meeting as the highest management body can deal with any issue as regards the Committee activity. 
7.6. The General Meeting of the Committee is held at least once a month, as a rule in the last Tuesday of the month.  All Committee members should be notified of the place and time of holding, agenda of the General Meeting not later than 5 days before the General Meeting.  The Head of the Committee bears responsibility for organization and elaboration of the agenda of the General Meeting.   The Committee members are entitled to submit proposals as to the agenda of the General Meeting not later than 3 days before the Meeting, having notified hereof the Head of the Committee in written form. 
The General Meeting of the Committee is considered valid in case the 2/3 of the Committee members are present.  The decisions at the General Meeting are taken by simple majority of the present members. 
7.7. The decisions of the General Meeting are obligatory for the fulfilment by all members, officials and other employees of the Committee.  The decisions come into effect from the moment of their approval. 
7.8. The Committee Council is elected by the General Meeting and carries out management of organization in the periods between the General Meetings, and is responsible before the General Meeting.  The Council consists of Committee members, represented by the Head of the Committee, Deputy Head, Treasurer, and as a rule - Heads of standing commissions, Heads of regional centres, other Committee members, elected by the General Meeting 
The Head of the Committee and members of the Revision Committee cannot be simultaneously members of the Committee Council, other executive and management bodies of the Committee. 
7.9. The Committee powers include the following issues: 
- general management of the Committee in the period between the sessions of the General Meeting of the Committee; 
- disposal of the Committee property within the limits, determined by the General Meeting;  
- organization and financial support of the activity of interim and standing commissions, regional centres and executive structures of the Committee; 
- representation of Committee interest before state legislative authorities, executive authorities, local government, courts, mass media, other non-governmental organizations, parties, international organizations, and other legal and physical entities. 
7.10. In case of delegation of powers by the General Meeting, formalized by respective decision of the General Meeting, taken by 2/3 of the present members at such a Meeting (each decision for each issue separately), the Committee Council is entitled to carry out the following functions: 
- admission of new members; 
- termination of membership. 
- creation of standing commissions of the Committee and approval of their personal composition; 
- creation of interim commissions of the Committee and approval of their personal composition; 
- creation of executive structures of the Committee; 
- approval of financial and economic plans of the Committee. 
7.11. The meeting of the Committee Council is held at least once a month, usually in the next to last Tuesday of the month.  All Committee members should be notified of the place and time of holding, agenda of the Council meeting not later than 5 days before the meeting.  The Committee members are entitled to submit proposals as to the agenda of the Council meeting not later than 3 days before the meeting, having notified hereof the Deputy Head of the Committee in written form. 
The meeting of the Committee Council is considered valid in case not less than 2/3 of the Council members are present, including the Head, Deputy Head and Treasurer of the Committee.  The decisions at the meetings of the Committee Council are taken by simple majority of the present Council members, excluding procedures, provided by other regulating documents of the Committee (Regulations). 
7.12. The Head of the Committee and the Deputy Head carry out ongoing management of the organization in the periods between the Council meetings and are responsible before the Council and General Meeting of the Committee.  The powers of the Head and Deputy Head of the Committee are determined by the decision of the Committee Council. They are elected at the General Meeting, usually for a period of 1 year.  The exclusive competence of the Head and Deputy Head of the Committee comprises the formation and realization of the general management of executive structures of the Committee according to financial and economic plans, approved by the General Meeting or Council. 
7.13. The Committee Treasurer is elected by the General Meeting of the Committee from among the full members of the Committee, usually for the period of one year.  The Treasurer organises and carries out the collection of admission and membership fees of the Committee members.   Together with the Head and Deputy Head of the Committee the Treasurer elaborates financial and economic plans of the Committee and carries out control over their fulfilment. 
7.14. The Revision Commission carries out control over the activity of all management bodies of structural units, officials and executive structures of the Committee.  The Revision Commission is formed by the General Meeting out of Committee members in number of 3-5, and is responsible before the General Meeting.  The Head and members of the Revision Commission are entitled to be present at the meetings of the Council, interim and standing commissions, without prior notification hereof.  
7.15. The main organizational form of activity of all Committee members is the participation in standing commissions.  Standing commissions are formed by the Committee General Meeting or Council out of the Committee members.  Each Committee members has the right to be a member of not more than two standing commissions.  The Commission independently elects its Head and Deputy Head, which are subsequently approved by the General Meeting.  Only full Committee member can be the Head and Deputy Head of the standing commission. 
7.16. Interim commissions of the Committee are formed by the General Meeting or Council out of Committee members and invited outside specialists.  Program directions, organizational form, conception, powers and term of activity of standing and interim commissions are determined by the General Meeting or the Council. 
7.17. Regional centres of the Committee are created by the General Meeting out of Committee members, living or carrying out business in the territory of a separate administrative unit (district, city, village).  Regional centres of the Committee are responsible before the General Meeting.  The Committee Statute and all other valid regulating documents (Committee Regulations) are obligatory for all regional centres of the Committee.  Regional centres of the Committee have the right for their own Statutes, upon their approval by the General Meeting, for registration as a legal entity in the respective administrative unit, upon approval of such decision by the General Meeting.   Rights and competency limits for independent decisions and actions are granted to each regional centre separately by a decision of the General Meeting, which is formalized in respective Regulations.  
7.18. The Secretariat is an executive structure of the Committee, the jurisdiction and functional duties of which are approved by the General Meeting or the Council.  The candidate for the Head of Secretariat is submitted by the Committee Head for approval of the General Meeting or the Council, usually for the period of one year. 
7.19. The general principle of the Committee is to keep minutes of all valid meetings of management bodies and structural units of the Committee.  Minutes of such meetings are available for familiarization of all Committee members. 


8. ACCOUNTING AND CONTROL

8.1. The Committee maintains current, statistical accounting and bookkeeping, is registered in the state tax administration authorities as non-profitable organization and submits accounting reports in the procedure, established by the law.  
The volume, forms, procedure of keeping and submission of accounting reports are determined by the legislation of Ukraine. 
State control is carried out by the state authorities within the limits of their jurisdiction in the procedure, established by the legislation of Ukraine in force. 
8.2. The Revision Commission carries out control over the activity of all management bodies of structural units, officials and executive structures of the Committee. 
8.3. The competence of the Committee Revision Commission comprises the following issues:  
- control over financial and economic activity of management and executive structures of the Committee; 
- interpretation of the Statute and other Committee documents; 
- settlement of internal organizational legal and ethic disputes, which can arise between Committee members or other Committee structures. 
8.4. For the purpose of realization of entrusted powers, the Revision Commission is entitled to: 
- obtain any information about Committee activity, particularly copies of agreements, contracts, treaties, concluded in the name of the Committee, orders and regulations, approved by the executive organs; 
- in written form request written and verbal explanations from the Head of the Committee and other officials as regards their official activities; 
- assign audits and consider their results.  
8.5. Meetings of the Revision Commission are held if necessity arises, but not less than once in three months.   Organization of work of the Revision Commission is ensured by the Head of the Commission, which is responsible for its activity. 
The meeting of the Revision Commission is considered valid in case more than 2/3 of Commission members are present.  All decisions of the Revision Commission are taken by the simple majority of the Commission members, present at the meeting. 
8.6. The auditing results are formalized by a conclusion.  The conclusion of the Revision Commission is signed by all Commission members.  The Commission member, who disagrees with the conclusion, has a right to express his individual opinion, but is obliged to sign the conclusion. 
The Revision Committee reports about the results of carried out audits at the nearest General Meeting. 
The Revision Committee is obliged to require holding of extraordinary Meeting in cases of possibility or availability of circumstances, threatening the interests of the Committee. 


9. TERMINATION OF ACTIVITY 

9.1. Termination of the Committee activity is carried out on the basis of the decision made by the General Meeting or a court. 
9.2. Funds and property, remaining after the liquidation, are not subject to redistribution between the Committee members, and are used for the fulfilment of statutory tasks or other purposes provided by the legislation of Ukraine, according to the decision of the General Meeting. 


10. CHANGES AND AMENDMENTS TO THE STATUTE 

10.1. The Committee should notify in 5-day term the state registration authority (regional justice department) about all changes in its Statute. 
10.2. Changes and amendments to the Statute are introduced and approved by the decision of the General Meeting, and are subject to state registration in the procedure and in terms, established by the legislation of Ukraine in force.