Ukrainian Swimming Federation

Statute: Ukrainian Swimming Federation

ФПУ1 No statute 2016 Searchable Format
Ukrainian Swimming Federation (ФПУ1)

Note: This is an unofficial translation. For the official text, refer to the Ukrainian version.

Original: http://usf.org.ua/files/Statutnovaredakciya2016.pdf

Approved by Decision of the Extraordinary Conference of the Public Organisation “Swimming Federation of Ukraine” dated 24 November 2016 Minutes No. 24/11

STATUTE

OF THE PUBLIC ORGANISATION “SWIMMING FEDERATION OF UKRAINE” (new edition)

Kyiv 2016

SECTION 1. GENERAL PROVISIONS

1.1. The Public Organisation “Swimming Federation of Ukraine” (hereinafter referred to as SFU) is an all-Ukrainian public non-profit organisation of physical culture and sports orientation with the status of a legal entity, established to achieve the purpose provided for in this Statute.

1.2. Name of the SFU:

  • in Ukrainian: PUBLIC ORGANISATION “SWIMMING FEDERATION OF UKRAINE”
  • in Russian: PUBLIC ORGANISATION “SWIMMING FEDERATION OF UKRAINE”
  • in English: NON-GOVERNMENTAL ORGANIZATION “SWIMMING FEDERATION OF UKRAINE”

Abbreviated name:

  • in Ukrainian: PO “SFU”
  • in Russian: PO “SFU”
  • in English: NGO “SFU”

1.3. The jurisdiction and powers of the SFU on matters within its competence extend over the entire territory of Ukraine.

1.4. In its activities, the SFU is guided by the Constitution of Ukraine, current legislation of Ukraine, and this Statute.

1.5. The SFU recognises and is guided by the Olympic Charter, other regulatory documents of the IOC, FINA, LEN, WADA and/or other international organisations and institutions operating in the sphere of interests and purpose of the SFU. The SFU carries out its activities in cooperation with the NOC of Ukraine, other organisations, institutions, legal entities and individuals.

Within the meaning of this Statute:

  • FINA (International Swimming Federation) is an organisation that governs swimming, diving, synchronised swimming, water polo and open water swimming, with registered office at: 4 Avenue de L’Avantposte, Lausanne CH 1005, Switzerland;
  • LEN (European Swimming Federation) is an organisation governing swimming, diving, synchronised swimming, water polo and open water swimming, with official location at 32 Grand Rue, Geneva, CH 3204, Switzerland;
  • IOC (International Olympic Committee) is located at Chateau de Vidy, Lausanne CH 1007, Switzerland;
  • NOC (National Olympic Committee of Ukraine) is located at 39-41 Khoriva Street, Kyiv, Ukraine;
  • WADA (World Anti-Doping Agency) is an independent organisation that controls and coordinates the fight against doping in sport, with office located at Av. de Rhodanie 54, Lausanne, Switzerland.

Changes in these details shall not be grounds for amending this Statute.

1.6. The SFU, as well as its members, officials and athletes, are obliged to adhere to the principles of fair competition, be loyal, honest, respect opponents, comply with the Competition Rules established by FINA and LEN, comply with the Statutes, regulatory documents and decisions of FINA and LEN, recognise the jurisdiction of the Court of Arbitration for Sport in Lausanne (Switzerland), as defined in the relevant provisions of the Statutes of FINA and LEN.

1.7. As a member of FINA and LEN, the SFU is the sole organisation representing aquatic sports in Ukraine. Aquatic sports, as defined by the FINA Constitution, include: swimming, diving, synchronised swimming, water polo, open water swimming and the Masters swimming movement (hereinafter in the understanding of the Statute where swimming is mentioned, diving, synchronised swimming, water polo, open water swimming and the Masters swimming movement shall also be understood, with all the rights and obligations provided for in this Statute for swimming).

1.8. The SFU has a round seal, stamps, letterheads with its name, emblem, flag (banner), which, if necessary, are registered in accordance with the law, as well as a current account, other bank accounts and other attributes provided for legal entities by current legislation of Ukraine.

1.9. The SFU is not liable for the obligations of its members, and its members are not liable for the obligations of the SFU, except in cases where they assume such obligations on the basis of relevant documents.

1.10. The SFU was created and operates on the principles of voluntariness, self-governance, free choice of territory of activity, equality before the law, absence of property interest of its members (participants), transparency, openness and publicity.

1.11. The SFU was created for an indefinite period.

1.12. The location of the SFU is the actual place of business (office location), from which the daily management of the SFU’s activities is conducted and management and accounting are carried out.

1.13. The rights and powers of the SFU established by this Statute are not and cannot be considered its obligations, duties, etc., and are exercised solely on the basis of relevant decisions of the SFU’s governing bodies, which are made in accordance with the procedure established by the Statute.

SECTION 2. PURPOSE (GOALS) AND AREAS OF ACTIVITY OF THE SFU

2.1. The purpose (goals) of the SFU’s activities are as follows:

  • protection of rights and freedoms, satisfaction of the interests of SFU members in the field of swimming and other aquatic sports (diving, synchronised swimming, water polo, open water swimming, Masters swimming movement), and other related areas;
  • development of swimming and other aquatic sports in Ukraine in all types and forms;
  • promoting and direct participation in the formation of standards, methods, requirements, etc. for swimming, improving the level of relations in the field of swimming, formulating, discussing and resolving any issues, tasks, etc. related to swimming and other aquatic sports, safety of people in water, including but not limited to:
    • ensuring the interests of SFU members in the field of swimming, including promoting the protection of social, economic, creative, age-related, national-cultural and other interests of SFU members, etc.;
    • organisation and assistance in preparation of Ukrainian national swimming teams;
    • development and implementation of programmes in the field of swimming development, improving standards for people’s safety in water, etc.;
    • increasing the role and status of swimming in the comprehensive and harmonious development of personality, strengthening health, forming a healthy lifestyle, etc.;
    • development of swimming among children and adolescents, youth and young people, promoting the development of club systems and swimming schools of all forms of ownership, expanding the existing network of children’s and youth sports schools for swimming on modern principles of activity, higher sports mastery schools for swimming, Olympic training centres for swimming;
    • promoting the development of Ukraine’s international sports ties in the field of swimming;
    • organisation and participation in all-Ukrainian and international sports events and sports competitions in swimming;
    • management of facilities directly or indirectly related to swimming;
    • ensuring own activities with funds and property;
    • obtaining and using grants and attracting and using any financing not prohibited by law from benefactors and other persons and other types of financing for its activities;
    • participation in the development of the regulatory framework for design, construction, and operation of sports swimming pools and water complexes;
    • other goals not prohibited by law.

2.2. The main areas of activity of the SFU are:

  • development of swimming in Ukraine;
  • organisation and conduct of all-Ukrainian and international sports competitions in swimming on the territory of Ukraine;
  • development and adoption within the competence and sphere of activity of the SFU, including in matters of preventing accidents on water, regulatory and other acts in the field of swimming and the SFU’s sphere of activity, monitoring their implementation;
  • organisation and conduct of sports events to improve the qualifications of sports specialists, instructor-rescuers: seminars, symposiums, conferences, lectures, consultations, etc.;
  • promoting the provision of conditions for successful performances of Ukrainian national swimming teams;
  • development and strengthening of international ties in the field of swimming;
  • cooperation with institutions, organisations, other individuals and legal entities that share and support the SFU’s statutory goals;
  • increasing the role of swimming as a core sport in educational institutions of Ukraine;
  • social protection of the rights and interests of athletes, sports specialists and swimming veterans, carried out solely within the framework of adopted budgets and on the basis of decisions of the SFU’s governing bodies;
  • organisation and conduct of activities to improve the qualifications of sports specialists, instructor-rescuers;
  • activities aimed against the use of doping and other means and methods that harm health, in accordance with the World Anti-Doping Code of WADA, FINA anti-doping rules, anti-doping rules established by Ukrainian legislation, and SFU anti-doping rules;
  • training of judges, instructor-rescuers and organisation of their work;
  • development of modern swimming infrastructure;
  • development of programmes for teaching children swimming and water safety;
  • development of projects and programmes for promoting swimming and a healthy lifestyle;
  • carrying out other types of activities not prohibited by Ukrainian legislation, in the interests of achieving the purpose (goals) defined by this Statute.

2.3. To achieve the purpose (statutory goals) of the SFU, in accordance with Ukrainian legislation, it has the right to:

  • organise and conduct all-Ukrainian and international official sports events in swimming, including but not limited to championships, Ukrainian Cups, develop and approve regulations (rules) for such events;
  • register records and highest achievements of Ukraine in swimming;
  • in accordance with current Ukrainian legislation and if not expressly prohibited by current agreements with the central executive body for physical culture and sports, delegate the right to hold sports competitions of various levels to other non-commercial organisations of physical culture and sports orientation;
  • form, including but not limited to on a contractual basis, teams of coaches, scientific and medical support specialists, other specialists, including foreign nationals, to prepare Ukrainian national teams for participation in official international sports events;
  • carry out certification of coaches, sports judges, other specialists, instructor-rescuers and monitor their activities in accordance with established requirements;
  • form, approve and implement programmes for advanced professional training, retraining of athletes, qualifications of judges, coaches, other specialists, instructor-rescuers and other aquatic sports, as well as swimming enthusiasts;
  • represent athletes, coaches and sports judges in swimming and other aquatic sports in the National Olympic Committee of Ukraine, state and local government bodies in the field of physical culture and sports, and petition for the award of qualifications, honorary titles and awards;
  • establish restrictions on participation in official international sports competitions in swimming for athletes;
  • form a register of organisations, including but not limited to swimming clubs, monitor the compliance of material and technical bases of such organisations and their personnel for conducting competitions and organising the training process;
  • submit proposals for amendments to the register of sports, etc.;
  • carry out work on preparing sports reserves, as well as attracting them from sports schools, Olympic centres, club teams for the purpose of forming Ukrainian national swimming teams;
  • receive and use funds, including but not limited to budget funds, to implement the SFU’s statutory goals and objectives, including but not limited to ensuring the preparation and participation in official international events of Ukrainian national swimming teams, etc., conducting physical culture and sports events, supporting swimming veterans, etc.;
  • receive foreign specialists and send SFU members abroad - athletes, coaches, sports judges, members of governing bodies, and other specialists to resolve issues related to the SFU’s activities;
  • carry out activities for the performance of statutory tasks in accordance with the law that corresponds to the SFU’s statutory goals;
  • carry out work to ensure the presence of instructor-rescuers in pools and places of mass recreation of people on water;
  • freely disseminate information about its activities, carry out publishing, advertising, information activities, establish mass media, participate in television and radio programmes related to the SFU’s activities, conduct agitation and propaganda of sports and active recreation among the population;
  • carry out legal transactions, conclude various types of contracts, including bank deposit contracts, property management contracts and other civil law contracts, etc.;
  • convene and hold conferences, meetings, assemblies, meetings and other events on matters within the competence of the SFU;
  • create separate divisions, committees, commissions, councils, boards and other bodies, whose activities are regulated by provisions approved by the conference, presidium of the SFU, executive committee of the SFU, within their competence, and whose decisions are binding on all SFU members;
  • promote scientific research in the field of swimming;
  • establish restrictions and sanctions for SFU members who violate the provisions of this Statute and other regulatory acts of the SFU, and do not implement decisions of the governing bodies and other bodies of the SFU;
  • provide financial, organisational, advisory, methodological and other assistance to separate divisions of the SFU, other structural divisions of the SFU and SFU members;
  • independently determine its internal structure, forms and methods of activity, budget and staff;
  • encourage morally and materially SFU members for active work;
  • involve specialists in the development of acts, regulatory documents, etc., for participation in inspections and consultations in accordance with the established procedure;
  • cover all sports events in swimming through the transmission of images and (or) sound of a sports event by any means and (or) using any technology, as well as through recording such broadcasts and (or) photographing events, transfer the rights to use them to third parties;
  • apply in accordance with the law to state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, their officials and employees with proposals (comments), statements (petitions), complaints, etc.;
  • receive public information held by public authorities, other public information managers in accordance with the law;
  • participate in the development of draft regulatory legal acts issued by state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies and concerning the SFU’s sphere of activity and important issues of state and public life in accordance with the law;
  • hold peaceful assemblies;
  • be a participant in civil and economic legal relations, etc., acquire property and property and non-property rights in accordance with legislation;
  • establish mass media to achieve its statutory purpose (goals);
  • carry out entrepreneurial activities in accordance with the law directly or through legal entities created in accordance with the law, if such activities correspond to the purpose (goals) of the public association and contribute to its achievement;
  • create legal entities of private and/or public law of any organisational and legal forms in accordance with the legislation;
  • participate in the work of advisory, consultative and other auxiliary bodies formed by state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies for consultations with public associations and preparation of recommendations on issues related to their sphere of activity in accordance with the legislation;
  • develop and submit to the central executive body in the field of physical culture and sports, local self-government bodies a programme for the development of swimming in Ukraine, ensure the development of swimming on the territory of Ukraine in cooperation with other subjects of physical culture and sports;
  • participate in the formation and implementation of the Unified Calendar Plan of physical culture and sports events;
  • in accordance with the regulatory documents of FINA and LEN, develop and approve rules, regulations, rules and other acts on swimming, establish a system of control over their implementation, adopt sports sanctions and restrictions, including in the form of sports disqualification;
  • develop and approve selection criteria for candidates for inclusion in the main and reserve teams of Ukrainian national teams in all age groups, including but not limited to participation in the Olympic Games;
  • ensure the preparation of Ukrainian national swimming teams for participation in official international sports events;
  • carry out international sports ties in the field of swimming, including but not limited to with national swimming federations of foreign states, participate in the activities of FINA and LEN, other international sports institutions and organisations, as well as in the activities of the National Olympic Committee of Ukraine;
  • maintain direct international contacts and ties with charitable, cultural, financial, investment organisations, conclude relevant agreements, participate in the work of international symposiums, conferences, exhibitions, etc.;
  • establish rules and ensure doping control of athletes, counteract manifestations of any forms of discrimination and violence in sports;
  • establish the amounts of entry and annual membership fees, ensure their collection and spending on approved purposes in accordance with the approved budget;
  • exercise other rights not prohibited by law.

SECTION 3. MEMBERSHIP IN THE SFU. PROCEDURE FOR ACQUIRING AND TERMINATING MEMBERSHIP IN THE SFU, RIGHTS AND OBLIGATIONS OF SFU MEMBERS

3.1. Membership in the SFU is voluntary and does not impose any restrictions on its members regarding entrepreneurial, public and any other activities not prohibited by law.

3.2. The number of SFU members is not limited.

3.3. Members of the SFU may be citizens of Ukraine, foreigners and stateless persons legally residing in Ukraine who have reached the age of 14 and have expressed their desire to participate in the activities of the SFU, fulfil the obligations provided for in the SFU Statute and pay entry and membership fees.

3.4. Issues of acquiring membership and refusal to acquire membership (admission and refusal of admission) in the SFU are considered by the Executive Committee of the SFU within 1 (one) month from the date of submission of an individual application and are formalised by a decision of the Executive Committee of the SFU on the admission (refusal of admission) of new members of the SFU.

3.5. The refusal of the Executive Committee of the SFU to admit to the SFU may be appealed to the Presidium of the SFU. The Presidium of the SFU in this case considers the relevant complaint at the nearest meeting.

3.6. The individual application of a person shall be submitted personally by the applicant in writing and shall contain the following information: surname, first name, patronymic, date of birth, registration and residential address, contact phone number, e-mail address, consent to comply with the provisions of the SFU Statute and the obligation to pay entry and membership fees.

3.7. The individual application shall be accompanied by 2 photos 3x4 cm, a copy of the passport (or birth certificate for minors), a copy of the TIN, consent to the processing of personal data.

3.8. The individual application and attachments thereto may be submitted through a separate division of the SFU or directly to the Executive Committee of the SFU.

3.9. The Executive Committee of the SFU, the Presidium of the SFU and the Conference of the SFU may require the presence, explanation of intentions regarding membership, and an interview with a person intending to become a member of the SFU.

3.10. Membership in the SFU is fixed and confirmed by an entry in the register of SFU members.

3.11. Upon admission of a new member of the SFU, the Executive Committee of the SFU is obliged to make a corresponding entry in the register of SFU members.

3.12. Federation members pay entry and membership fees in amounts established by decision of the SFU Presidium.

3.13. Entry and membership fees are paid by SFU members no later than 1 March of the current year by transferring funds to the current account of the SFU, unless a different procedure is established by decisions of authorised bodies of the SFU.

3.14. Membership in any other unions, associations, or organisations does not prevent membership in the SFU.

3.15. Membership in the SFU is terminated in the following cases: voluntary withdrawal from the SFU, deprivation of membership in the SFU, death of a person.

3.16. Withdrawal from the SFU (voluntary termination of membership) is voluntary. Upon withdrawal from the SFU, membership and entry fees are not refundable.

3.17. Issues of expulsion from the SFU are considered by the Executive Committee of the SFU in connection with:

  • non-compliance by SFU members with statutory requirements;
  • systematic non-payment of membership fees for 2 years;
  • committing actions that discredit the SFU;
  • violation of anti-doping rules.

3.18. In case of death of a person, membership in the SFU terminates from the moment of death of the person.

3.19. Complaints against decisions of the Executive Committee of the SFU on termination of membership in the SFU are considered by the Presidium of the SFU.

3.20. The Conference, Presidium and Executive Committee of the SFU have the right to establish distinctions, other means of public encouragement for SFU members and other persons who contributed to the fulfilment of the SFU’s statutory tasks.

3.21. All SFU members have equal rights and obligations.

3.22. Federation members have the right to:

  • participate in statutory activities and events of the SFU;
  • submit proposals, statements and complaints for consideration by the governing bodies of the SFU;
  • receive information and explanations regarding the activities of the SFU, subject to the protection of confidential information and personal data;
  • voluntarily terminate membership in the SFU;
  • be elected to the governing and audit bodies of the SFU;
  • use educational, methodological, scientific, information developments of the SFU;
  • wear the uniform and use the symbols of the SFU;
  • personally participate in the consideration of issues of their expulsion from membership in the SFU or temporary suspension of membership in the SFU.

3.23. SFU members are obliged to:

  • comply with the Olympic Charter, the SFU Statute, regulatory documents and rules of FINA and LEN, implement decisions of the SFU bodies;
  • pay entry and membership fees in a timely manner;
  • fulfil the requirements of the SFU bodies, the separate division in which the SFU member is registered;
  • comprehensively contribute to achieving the SFU’s statutory goals, developing swimming in Ukraine, popularising them among various segments of the population;
  • promote the ideas, purpose, statutory tasks and activities of the Organisation;
  • actively fight against the use of doping and prohibited drugs in sports.

SECTION 4. SEPARATE DIVISIONS OF THE SFU

4.1. The SFU carries out its activities on the territory of Ukraine in accordance with the goals defined in this Statute, through its separate divisions, which are created on a territorial basis at the place of residence of at least two SFU members.

4.2. Separate divisions are formed by decision of the Executive Committee of the SFU in administrative-territorial units of Ukraine.

4.3. Each administrative-territorial unit may have no more than one separate division of the SFU.

4.4. Separate divisions are guided in their activities by the SFU Statute and the Regulations on the separate division. The Regulations on the separate division are approved by the SFU Presidium.

4.5. Separate divisions of the SFU do not have the status of a legal entity.

4.6. The separate division has the highest governing body - the general meeting, and the head of the separate division, who is appointed by the Presidium upon the recommendation of the Executive Committee of the SFU.

4.7. The head of the separate division organises the activities of SFU members to implement the SFU statute, maintains records of members assigned to the separate division, performs other powers granted by the SFU governing bodies.

4.8. The heads of separate divisions are accountable and controlled by the President and the Executive Committee of the SFU.

4.9. The heads of separate divisions have the right to act on behalf of the SFU on the basis of powers of attorney issued by the President of the SFU.

4.10. The dismissal of the head of a separate division is carried out on the basis of a decision of the President of the SFU, who simultaneously with the decision to dismiss the head of a separate division appoints an acting head of the separate division until the next meeting of the SFU Presidium.

4.11. The SFU confirms its all-Ukrainian status in accordance with Ukrainian legislation.

SECTION 5. GOVERNANCE OF THE SFU

5.1. The governing bodies of the SFU are:

  • The All-Ukrainian Conference - the highest governing body of the SFU;
  • The Presidium - the governing body of the SFU convened between Conferences;
  • The Executive Committee - the permanent governing body of the SFU;
  • The President;
  • The Secretary General;
  • The Executive Director;
  • The Audit Commission.

5.2. Decisions of the SFU governing bodies on issues not specified in this Statute are made in accordance with Ukrainian legislation and are formalised by relevant protocols, other documents signed by officials of the SFU in accordance with their powers.

5.3. All-Ukrainian Conference

5.3.1. The Conference is the highest governing body of the SFU.

5.3.2. The Conference consists of authorised representatives of SFU members - delegates, who are elected from administrative-territorial units in accordance with the Procedure for Electing Delegates, which is approved by the SFU Presidium. The current President and Secretary General are delegates to the Conference ex officio.

5.3.3. The Conference may be reporting and election or extraordinary.

5.3.4. The reporting and election Conference is held at least once every four years.

5.3.5. The reporting and election Conference is convened by the Presidium. The Presidium notifies SFU members of the time, place and agenda of the reporting and election Conference no later than 30 calendar days before its holding by publishing this information on the official SFU website.

5.3.6. An extraordinary Conference may be convened by the President of the SFU on the basis of his own decision, by the SFU Presidium on the basis of its own decision, as well as upon receipt of a written request from at least 1/3 of SFU members, indicating the issues to be included in the agenda.

5.3.7. The Presidium notifies SFU members of the time, place and agenda of the extraordinary Conference no later than 30 calendar days after the adoption of the relevant decision or receipt of a written request for its convening by publishing this information on the official SFU website.

5.3.8. The Conference has the right to resolve issues if at least 2/3 of the elected delegates are present.

5.3.9. The Chairman of the Conference is the President, or, in his absence, the First Vice-President or the Secretary General.

5.3.10. Decisions of the Conference are made by open or secret ballot by a simple majority of votes of the delegates present.

5.3.11. Decisions of the Conference on amendments and additions to the SFU Statute, on self-dissolution or reorganisation of the SFU are made by a majority of at least 3/4 of the votes of the delegates present.

5.3.12. Decisions of the Conference on determining the main and priority areas of activity of the SFU, on the election of the President and members of the SFU Presidium are made by a simple majority of votes of the delegates present.

5.3.13. Each delegate of the Conference has the right to 1 (one) vote.

5.3.14. Voting by proxy is not allowed.

5.3.15. In case of an equal distribution of votes, the Chairman of the Conference has the casting vote.

5.3.16. The exclusive competence of the Conference includes making decisions on:

  • approval of amendments and additions to the Statute;
  • approval of the Conference regulations;
  • change of the name of the SFU;
  • election for a term of 4 (four) years of the President and early termination of his powers;
  • election for a term of 4 (four) years of the quantitative and personal composition of the Presidium members and early termination of their powers;
  • election for a term of 4 (four) years of the quantitative and personal composition of the Audit Commission and early termination of its powers;
  • disposal of the SFU’s property;
  • delegation of certain powers to other bodies or persons;
  • conducting an independent financial or other audit of the SFU;
  • making a decision on self-dissolution/reorganisation of the SFU.

5.3.17. The Conference has the right to make decisions on any other issues of the SFU’s activities.

5.3.18. Decisions of the Conference are formalised in minutes signed by the chairman and secretary.

5.3.19. The decision of the Conference enters into force from the moment of its adoption, unless the decision of the Conference specifically indicates a different date of entry into force.

5.3.20. Decisions of the Conference are binding on all governing bodies and members of the SFU.

5.4. Presidium

5.4.1. The Presidium is the governing body of the SFU convened between Conferences, in accordance with the powers granted to it.

5.4.2. The Presidium is elected for a term of 4 years. The Presidium includes the President and members of the Presidium elected by the SFU Conference from among the SFU members.

5.4.3. Attendance at Presidium meetings by Presidium members is mandatory.

5.4.4. The Presidium may terminate the powers of its member before the next Conference if he has repeatedly (four or more times) not participated in the Presidium meeting.

5.4.5. The adoption of a decision to terminate the powers of a Presidium member is made by 2/3 of the total number of votes of Presidium members.

5.4.6. A Presidium member has the right to submit a written statement of termination of his powers.

5.4.7. Delegation by Presidium members of their powers in the Presidium to other persons is not allowed.

5.4.8. The Presidium is headed by the President, and in his absence by the First Vice-President or, in his absence, by the Secretary General.

5.4.9. The Presidium holds its meetings at least four times a year.

5.4.10. The Presidium is convened by the President by notifying each member of the SFU Presidium by e-mail at the specified e-mail address.

5.4.11. The Presidium has the right to make decisions if at least half of its members are present at the meeting. In case of equality of votes, the vote of the Chairman is decisive.

5.4.12. If a Presidium member has notified in writing before the start of the Presidium meeting of the impossibility of personal participation in the meeting, he has the right to vote using interactive communication means (telephone, e-mail, Internet, Skype, etc.).

5.4.13. The Presidium has the right to make decisions by conducting a written survey by e-mail.

5.4.14. Presidium meetings may also be held using modern communication means, including but not limited to Skype video conferencing.

5.4.15. When making a decision at a Presidium meeting, each Presidium member has 1 (one) vote. Transfer of voting rights by a Presidium member to another person is not allowed.

5.4.16. A Presidium member who voted against an adopted decision has the right to set out in writing a personal opinion on the adopted decision, which is attached to the minutes as an appendix.

5.4.17. Presidium members have equal rights in making decisions.

5.4.18. Persons who are not members of the Presidium but are present at the Presidium meeting as invited persons have the right to an advisory vote.

5.4.19. The Presidium resolves all issues of the SFU’s activities except those that are the exclusive competence of the Conference.

5.4.20. The exclusive powers of the SFU Presidium include:

  • approval of the annual financial report, budget of receipts and expenditures, control of their implementation;
  • approval of the SFU Code of Ethics;
  • approval of the SFU Disciplinary Code;
  • approval of the Regulation on Confidential Information and Commercial Secrets of the SFU;
  • approval of the SFU Anti-Doping Code;
  • determination of the amounts of entry and membership fees, terms and procedure for their payment;
  • election of the First Vice-President, Secretary General of the SFU, Vice-Presidents of the SFU upon the recommendation of the President;
  • appointment of the Chairman of the Executive Committee of the SFU upon the recommendation of the President of the SFU;
  • appointment of a member of the Executive Committee of the SFU upon the recommendation of the President of the SFU;
  • approval of seal, stamp, and symbol designs;
  • creation of separate divisions of the SFU and termination of their activities;
  • approval of regulations on separate divisions of the SFU.

5.4.21. The powers of the SFU Presidium include but are not limited to:

  • development of measures to ensure the implementation of tasks and functions according to the SFU Statute, organisation and control of the implementation of Conference decisions;
  • approval of regulations on committees, commissions, etc.;
  • approval of the composition and chairmen of committees, commissions, etc.;
  • approval of the main directions, plans and programmes of the SFU’s activities;
  • approval of competition rules;
  • implementation of disciplinary control measures;
  • issues of acquiring and terminating membership;
  • resolving other issues of management and activities of the SFU in compliance with the distribution of functional responsibilities between the SFU bodies.

5.4.22. Decisions of the Presidium are formalised in minutes signed by the chairman and the Secretary General.

5.4.23. The decision of the Presidium enters into force from the moment of its adoption, unless the decision of the Presidium specifically indicates a different date of entry into force.

5.4.24. Decisions of the Presidium are binding on all governing bodies and members of the SFU.

5.5. Executive Committee

5.5.1. The Executive Committee is the permanent governing body of the SFU, acting for the prompt resolution of issues of the SFU’s activities, as well as for the purpose of immediate response and adoption of relevant decisions to resolve urgent issues that have arisen in the SFU’s activities and require immediate resolution in the period between Presidium meetings.

5.5.2. The procedure for the work of the Executive Committee is determined by this Statute, decisions of the Conference and the Presidium.

5.5.3. The Executive Committee includes: the President of the SFU, the First Vice-President of the SFU, the Secretary General of the SFU, the Executive Director of the SFU, a member of the Executive Committee of the SFU approved by the SFU Presidium upon the recommendation of the President of the SFU.

5.5.4. The Executive Committee of the SFU is headed by the Chairman, who is appointed by the SFU Presidium upon the recommendation of the President of the SFU.

5.5.5. The agenda, date, time and place of the Executive Committee meeting are determined by the Chairman of the Executive Committee.

5.5.6. Each member of the Executive Committee has the right to submit for its consideration issues requiring prompt resolution.

5.5.7. The Executive Committee may appoint temporary commissions, form expert and other groups of specialists.

5.5.8. Decisions of the Executive Committee of the SFU are binding on all SFU members and enter into force from the moment of adoption, unless the decisions themselves provide otherwise.

5.5.9. Decisions of the Executive Committee of the SFU are made by a simple majority of votes of its members. In case of an equal number of votes during voting, the chairman has the casting vote.

5.5.10. The Executive Committee resolves the following issues:

  • ensures the implementation of decisions of the Conference and the Presidium;
  • prepares meetings of the Presidium and the Conference;
  • hires and dismisses employees maintained at the expense of the SFU within the approved budget;
  • resolves issues of financial activities;
  • admits new members and expels from the SFU;
  • considers issues of relations between SFU members;
  • implements plans, programmes and activities of the SFU;
  • proposes to the SFU Presidium candidates for heads of separate divisions of the SFU;
  • approves regulations on working and public bodies of the SFU (committees, councils, etc.), their composition and leadership;
  • approves regulations, rules, etc. of swimming competitions;
  • organises the registration of SFU members;
  • organises the accounting of membership fee payments;
  • maintains the register of SFU members;
  • organises record keeping in the SFU;
  • ensures the storage of confidential information;
  • implements disciplinary measures against SFU members;
  • makes decisions on the creation (establishment) of legal entities;
  • develops a draft SFU budget and submits it for approval by the Presidium;
  • approves seal, stamp, and symbol designs;
  • resolves other issues of the SFU’s current activities.

5.5.11. Decisions of the Executive Committee enter into force from the moment of their adoption, unless the decision provides otherwise, and are formalised by a Protocol signed by the Chairman.

5.6. President

5.6.1. The President is the highest official of the SFU.

5.6.2. Any capable person who is a citizen of Ukraine and a member of the SFU may be elected President of the SFU.

5.6.3. The President is elected by the SFU Conference for a term of four years.

5.6.4. The President is accountable only to the SFU Conference.

5.6.5. The President of the SFU has a set of inalienable rights and obligations:

  • personally manages the activities of the SFU, ensures the independence of the SFU, the rights and freedoms of its members, is the guarantor of compliance with the SFU Statute;
  • represents the SFU without power of attorney in FINA and LEN, the highest state bodies of Ukraine and other countries, state and non-state institutions, public organisations and before third parties;
  • proposes to the SFU Presidium for election the candidacy of the First Vice-President of the SFU, Secretary General of the SFU, Executive Director of the SFU;
  • manages the work and presides at Presidium meetings;
  • has the right of first signature of financial and other documents of the SFU;
  • concludes on behalf of the SFU legal transactions, contracts, etc., issues powers of attorney, opens accounts in banking institutions;
  • issues orders, instructions, instructions and other documents binding on the bodies of the SFU subordinate to him;
  • approves the minutes of the SFU Conference;
  • awards on behalf of the SFU persons for outstanding merits in the field of swimming;
  • in case of an equal number of votes during any voting, has the casting vote;
  • bears responsibility (together with the Executive Director and the chief accountant) for financial activities, distribution and use of material and financial funds;
  • organises and conducts international activities of the SFU;
  • performs other actions necessary to achieve the SFU’s statutory goals.

5.6.6. In the absence of the President, his powers and duties are assigned without power of attorney to the First Vice-President of the SFU, and in the absence of the First Vice-President of the SFU - to the Secretary General of the SFU.

5.6.7. The Conference has the right to early terminate the powers of the President on the basis of:

  • a written statement by the President;
  • infliction by decisions, actions or inaction of the President of significant property or non-property damage to the public association;
  • death;
  • entry into legal force of a court verdict.

5.7. First Vice-President and Vice-Presidents

5.7.1. The First Vice-President is elected by the Presidium upon the recommendation of the President of the SFU.

5.7.2. The term of office of the First Vice-President is four years.

5.7.3. The First Vice-President participates in the management of the SFU in accordance with the duties approved by the President of the SFU and in accordance with his instructions.

5.7.4. The First Vice-President performs the functions of the President without power of attorney in the absence of the President or if the President ceases to perform his duties or is unable to perform them.

5.8. Vice-Presidents

5.8.1. Vice-Presidents are elected by the Presidium upon the recommendation of the President of the SFU.

5.8.2. The term of office of Vice-Presidents is four years.

5.8.3. Vice-Presidents manage the work of the SFU in areas in accordance with decisions of the Presidium and instructions of the President.

5.9. Secretary General

5.9.1. The Secretary General is elected by the Presidium upon the recommendation of the President of the SFU.

5.9.2. The term of office of the Secretary General is four years.

5.9.3. The Secretary General:

  • monitors compliance with the legality of the SFU’s activities;
  • coordinates and directs the current work of all committees and structural divisions of the SFU;
  • interacts with FINA, LEN, NOC, state authorities, local self-government bodies and legal entities;
  • in the absence of the President and the First Vice-President, performs their functions without power of attorney;
  • takes direct part in the formation of competition calendars, as well as in the development of regulations, procedures, rules and regulations of competitions;
  • monitors the preparation and organisation of meetings and sessions of the SFU governing bodies;
  • issues binding instructions within the scope of powers;
  • directs incoming and outgoing correspondence of the SFU for execution;
  • maintains minutes and official documentation;
  • maintains records of SFU members.

5.10. Executive Director

5.10.1. The Executive Director is an official of the SFU for carrying out daily operational work of the SFU, appointed by the SFU Presidium upon the recommendation of the President of the SFU. The Executive Director is hired and performs his duties in accordance with a fixed-term employment contract.

5.10.2. The Executive Director exercises the following powers:

  • representation of the SFU in the part delegated by the President of the SFU;
  • submission of proposals to the Executive Committee for approval of the SFU’s staffing table;
  • submission of proposals for candidates for positions according to the staffing table and dismissal of SFU employees;
  • preparation of draft written reports on the SFU’s activities and submission for consideration by the Executive Committee;
  • implementation of decisions of the SFU governing bodies;
  • conducts current affairs, monitors the implementation of decisions of the SFU governing bodies;
  • ensures the activities of the SFU and the organisation of preparation of meetings of governing bodies;
  • prepares meeting minutes;
  • conducts record keeping;
  • maintains communication with the public and mass media;
  • other powers necessary for carrying out daily operational activities of the SFU.

5.10.3. The Executive Director is present at the Conference, meetings of the Presidium and the Executive Committee, performing advisory functions.

5.11. Audit Commission

5.11.1. The Audit Commission is the controlling body of the SFU.

5.11.2. The Audit Commission carries out audits of the SFU’s financial and economic activities based on the results of the SFU’s activities for the reporting period (once every four years).

5.11.3. The Audit Commission has the right to conduct unscheduled audits of the SFU’s financial and economic activities on the basis of a decision of the Conference or the Presidium.

5.11.4. The composition of the Audit Commission is elected and approved by the Conference.

5.11.5. Persons with higher education are elected to the position of members of the Audit Commission, except for the Chairman.

5.11.6. A person with higher economic or legal education is elected to the position of Chairman of the Audit Commission.

5.11.7. Members of the Audit Commission may not simultaneously be members of other bodies of the SFU.

5.11.8. The Chairman of the Audit Commission organises the work of the Audit Commission, appoints one of the members of the Audit Commission as the secretary of the Audit Commission and determines his powers, signs documents on behalf of the Audit Commission, represents the Audit Commission at meetings of the Conference and the Presidium.

5.11.9. The competence of the Audit Commission includes:

  • conducting audits of the SFU’s financial and economic activities in accordance with Ukrainian regulatory legal acts and the work plan of the Audit Commission based on the results of the SFU’s activities for the calendar year, as well as unscheduled audits;
  • confirmation of the reliability of data contained in the annual report of the SFU, annual accounting statements;
  • the right to demand personal explanations from officials of the SFU on issues within their competence.

5.11.10. Based on the results of the audit of the SFU’s financial and economic activities, the Audit Commission draws up a conclusion, which must contain:

  • confirmation of the reliability of data indicated in the financial (accounting) statements of the SFU;
  • information on facts of violation of the procedure for accounting and submission of financial statements established by Ukrainian legislation, as well as Ukrainian legislation in carrying out financial and economic activities of the SFU.

5.11.11. The Audit Commission is obliged to:

  • promptly inform the Conference and the Presidium of the SFU of the results of conducted audits;
  • preserve commercial secrets.

5.11.12. Obligations to maintain confidentiality of information that has become known to members of the Audit Commission are included in each document subject to signing based on the results of audits.

5.12. The President, Secretary General, Executive Director, members of the Executive Committee, by decision of the Conference or the Presidium of the SFU, may perform their functions on the basis of an employment contract.

5.13. Procedure for Reporting by the SFU Governing Bodies to its Members

5.13.1. The SFU governing bodies annually report to members at the SFU Conference on issues related to the implementation of the powers assigned to them and the implementation of the SFU’s statutory tasks.

5.13.2. The annual report on the implementation of statutory tasks and the financial report are subject to publication by 1 March of the year following the reporting year.

5.14. Procedure for Appealing Decisions, Actions, Inaction of the SFU Governing Bodies and Consideration of Complaints

5.14.1. SFU members have the right to appeal a decision, action or inaction of another SFU member, the President, the Executive Committee, the Presidium or the Conference by submitting a written complaint:

  • against actions, inaction or decisions of a SFU member or hired personnel - the primary complaint is submitted to the Executive Committee of the SFU;
  • against actions, inaction or decisions of the President - the primary complaint is submitted to the Presidium;
  • against actions, inaction or decisions of the SFU Conference - to the court, in accordance with current legislation.

SECTION 6. SUPERVISORY BOARD

6.1. A Supervisory Board may be established in the SFU by decision of the Presidium. Its quantitative composition is determined by the SFU Presidium. Members of the Supervisory Board are appointed by the SFU Presidium upon the recommendation of the President of the SFU. A person who has high authority in society, has significant achievements in the field of management, culture, science, sports and an impeccable reputation may be invited to the Supervisory Board. The Supervisory Board performs advisory functions in the SFU. Recommendations of the Supervisory Board or its members are binding for consideration by the bodies and officials of the SFU. If necessary, the Supervisory Board elects a Chairman from among its members.

SECTION 7. PROPERTY AND FINANCIAL AND ECONOMIC ACTIVITIES OF THE SFU

7.1. Property, Funds and Assets

7.1.1. The SFU may own funds and property necessary for carrying out its statutory activities.

7.1.2. The financial and economic activities of the SFU are carried out in accordance with current legislation. The mechanism of financial, economic and foreign economic activities is aimed at the development of swimming in the country, the organisation of training athletes, the rational use of funds and the search for additional sources of financing.

7.1.3. The SFU may acquire ownership of:

  • funds and property transferred by SFU members or the state in accordance with the established procedure;
  • funds and property received free of charge or in the form of non-refundable financial assistance or voluntary donations;
  • property acquired at the expense of own funds;
  • property and funds acquired as a result of the activities of self-supporting institutions and organisations, founded enterprises created by the SFU;
  • passive income (income received in the form of interest, dividends, insurance payments, reimbursements, as well as royalties).

7.1.4. The permanent sources of formation of the SFU’s own funds are:

  • non-refundable financial assistance and voluntary donations;
  • mandatory monetary contributions of members in accordance with the statutory activities of the SFU;
  • monetary receipts from FINA, LEN and NOC;
  • application fees received for holding events, as well as receipts from competitions;
  • deductions from contracts concluded by athletes, coaches and other specialists;
  • deductions from prize receipts of SFU members;
  • sponsorship contributions, voluntary donations, gifts, bequests;
  • deductions from the profits of enterprises belonging to the SFU;
  • any other sources not prohibited by law.

7.1.5. The property of the SFU may include buildings, structures, housing stock, other movable and immovable property, equipment, inventory, funds, shares, other securities and any property necessary for the material support of the SFU’s statutory activities.

7.1.6. The SFU independently and independently exercises the rights of ownership, use and disposal of its property through its highest governing body - the Conference.

7.1.7. In case of termination of the SFU (as a result of its liquidation, merger, division, accession or transformation), the assets must be transferred to one or more non-profit organisations of the relevant type or credited to budget revenues.

7.1.8. Distribution of received income (profits) or part thereof among founders (participants), SFU members, employees (except for payment of their labour), members of governing bodies and other persons related to them is prohibited.

7.2. Budget

7.2.1. The planned budget of receipts and expenditures of the SFU is prepared for each financial year and approved by the SFU Presidium in December of the year preceding the next financial year.

7.2.2. Unforeseen expenses are considered and approved by the Executive Committee of the SFU by making changes to such a budget.

7.3. Financial Year

7.3.1. The financial year of the SFU begins on 1 January and ends on 31 December.

7.3.2. The SFU maintains accounting records and reporting in accordance with national accounting standards.

7.3.3. The SFU maintains operational and accounting records, statistical reporting, registers with the state tax inspection authorities and makes payments to the budget in the manner and amounts provided for by legislation.

7.3.4. The SFU publishes reports and other information on the sources of attracting funds and property for carrying out statutory activities and on the directions of their use in accordance with Ukrainian legislation at least once a year.

SECTION 8. PROCEDURE FOR MAKING A DECISION ON SELF-DISSOLUTION OR REORGANISATION OF A PUBLIC ASSOCIATION

8.1. Termination of the SFU’s activities may be carried out by its reorganisation or self-dissolution or liquidation in accordance with current Ukrainian legislation and this Statute.

8.2. Reorganisation of the SFU is carried out by decision of the Conference if at least 3/4 (three-quarters) of the delegates present at the Conference voted for such a decision.

8.3. Self-dissolution of the SFU is carried out by decision of the Conference if at least 3/4 (three-quarters) of the delegates present at the Conference voted for such a decision.

8.4. Liquidation of the SFU is carried out by court decision.

8.5. To resolve issues related to the termination of the SFU’s activities, a liquidation commission is appointed by decision of the Conference.

8.6. The liquidation commission establishes the procedure and terms for termination of the SFU’s activities, as well as the term for filing claims by creditors, which may not be less than 2 (two) months from the moment of announcement of liquidation.

8.7. From the moment of appointment of the liquidation commission, the powers to manage the SFU’s affairs pass to it.

8.8. The liquidation commission evaluates the available property and settles with creditors, prepares a liquidation balance sheet and submits it for approval by the Conference.

8.9. The Conference, simultaneously with the adoption of a decision on self-dissolution of the SFU, makes a decision on the use of the SFU’s funds and property after termination of its activities in accordance with the statute.

8.10. In case of self-dissolution of the SFU, its property and funds after satisfying the claims of creditors are transferred by decision of the SFU Conference to one or more non-profit organisations of the relevant type or credited to budget revenues.

8.11. The SFU is considered to have terminated its activities from the date of making the relevant entry in the Unified State Register of Legal Entities and Individual Entrepreneurs.

SECTION 9. PROCEDURE FOR MAKING AMENDMENTS TO THE STATUTE

9.1. Amendments to the statute/approval of a new version of the statute are approved by decision of the SFU Conference.

9.2. Decisions on amendments to the statute/approval of a new version of the statute may be made by 3/4 of the delegates present at the Conference meeting.

9.3. The decision on amendments to the statute/approval of a new version of the statute is formalised by minutes in accordance with the procedure determined by legislation.

President of the Ukrainian Swimming Federation

D.O. Kachurovsky

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