Sailing Federation of Ukraine

Statute: Sailing Federation of Ukraine

ВФУ No statute 2019 OCR
Sailing Federation of Ukraine (ВФУ)

Note: Text obtained via OCR and translated semi-automatically. May contain inaccuracies.

Original: https://sfu.com.ua/2/docs/regulations/SFU%2020190803-05%20Statut_new.pdf

APPROVED

By the decision of the IX Conference of the NGO “SAILING FEDERATION OF UKRAINE” Minutes of 03-05 August 2019

STATUTE

OF THE PUBLIC ORGANISATION

“SAILING FEDERATION OF UKRAINE”

IDENTIFICATION CODE 14296808 (NEW VERSION)

Kyiv - 2019

1. GENERAL PROVISIONS

1.1. The PUBLIC ORGANISATION “SAILING FEDERATION OF UKRAINE” (hereinafter referred to as the “SFU”) is a voluntary public association that brings together individuals on the basis of unity of interest for the joint exercise of their rights and freedoms, sports, social, creative, national, cultural and other common interests in the field of sailing in Ukraine, as well as the desire to promote the development of sailing (yachting) in Ukraine.

1.2. The SFU is established and operates in accordance with the Constitution of Ukraine, the Law of Ukraine “On Public Associations”, the Civil Code of Ukraine, other current legislation of Ukraine regulating the activities of public associations, as well as this Statute and internal documents of the SFU.

1.3. The SFU is established and operates on the principles of voluntariness, self-government, free choice of the territory of activity, equality before the law, absence of property interests of its members (participants), transparency, openness and publicity.

1.4. The SFU is the legal successor of the “Ukrainian Sailing Union”.

1.5. In accordance with the procedure established by the current legislation of Ukraine, the SFU may acquire the status of the National Sports Federation for Sailing. After acquiring this status, in accordance with the agreement with the central executive body implementing the state policy in the field of physical culture and sports, the SFU will ensure the development of sailing in Ukraine, represent sailing in the relevant international sports federations, the list of which is approved by the central executive body ensuring the formation of the state policy in the field of physical culture and sports, taking into account the proposals of the National Olympic Committee of Ukraine, the National Sports Committee for Disabled Athletes of Ukraine, the Sports Committee of Ukraine, and at international sports competitions, will organise and conduct official international sports competitions on the territory of Ukraine and all-Ukrainian sports competitions in accordance with the established procedure.

1.6. Name of the SFU:

1.6.1. Full name in Ukrainian: ГРОМАДСЬКА ОРГАНІЗАЦІЯ «ВІТРИЛЬНА ФЕДЕРАЦІЯ УКРАЇНИ».

1.6.2. Full name in English: “SAILING FEDERATION OF UKRAINE”.

1.6.3. Abbreviated name in Ukrainian: ГО «ВФУ».

1.6.4. Short name in English: “SFU”.

1.7. The SFU is a member of the International Sailing Federation (“World Sailing”) (hereinafter referred to as “WS”).

1.8. The SFU extends its activities to the entire territory of Ukraine. The SFU may acquire the all-Ukrainian status provided that it has separate subdivisions in the majority of administrative-territorial units specified in part two of Article 133 of the Constitution of Ukraine and confirms such status in accordance with the procedure established by law.

1.9. Official, award and commemorative attributes of the SFU. The SFU shall have a seal with the name and symbols of the SFU, a stamp with its name, letterhead, emblem, flag, pennant, signs, tokens, medals, certificates, prizes and other attributes.

1.10. Official language. The official language of the SFU is Ukrainian, which is used for protocols, official correspondence and communication.

2. THE STATUS AND RIGHTS OF THE SFU

2.1. The SFU operates with the status of a legal entity from the moment of its state registration in accordance with the current legislation of Ukraine, has an independent balance sheet, separate property, current and other accounts (including in foreign currency) in banking institutions, letterheads, membership cards, seal, stamps with its name and its own symbols, samples of which are approved by the SFU Council (hereinafter referred to as the “Council”). The SFU symbols shall be registered in accordance with the procedure established by law.

2.2. The SFU has the right to:

  • 2.2.1. be a party to civil law relations;

  • 2.2.2. enter into agreements on its own behalf;

  • 2.2.3. acquire property and non-property rights in accordance with the law;

  • 2.2.4. be a plaintiff, defendant, third party in courts, to represent and defend its legitimate interests and legitimate interests of its members in state and public authorities;

  • 2.2.5. carry out entrepreneurial activities in accordance with the law and subject to clause 2.3 of this Statute if such activities are in line with the purpose(s) of the SFU and contribute to its achievement;

  • 2.2.6. in order to fulfil its statutory purpose(s), to own, use and dispose of funds and any other property transferred to the SFU by its members or the state in accordance with the law, provided in the form of sponsorship, patronage, voluntary, membership and other contributions that come directly to the SFU to ensure its statutory activities, acquired as a result of the statutory (main) activities of the SFU in accordance with the law and subject to clause 2.3 of this Statute, as well as other property and funds that are not prohibited for public associations - non-profit organisations by the current legislation of Ukraine;

  • 2.2.7. hire staff on the terms of an employment agreement (contract);

  • 2.2.8. establish legal entities and be their participant or member in the manner prescribed by law;

  • 2.2.9. establish mass media in order to achieve its statutory purpose(s);

  • 2.2.10. enjoy other rights provided by law for public associations of this type.

2.3. The SFU is a non-entrepreneurial company, the main purpose of which is not to make a profit and its distribution among the founders and members of the SFU, members of its governing bodies, other persons related to them, as well as among the employees of the SFU.

2.4. The SFU is subject to registration in the Register of non-profit organisations and institutions. The right of the SFU to use tax exemptions arises after the SFU is included in the Register of Non-Profit Organisations and Institutions.

2.5. The SFU has the exclusive right to use its name and symbols. It is prohibited to use the name of the SFU and its symbols for purposes not related to the activities of the SFU. The name and symbols of the SFU may be protected in court and in other ways established by law.

2.6. The SFU, as a member of WS, cooperates with it and is guided by its policy on the development of sailing and sailing (yachting).

2.7. The SFU shall not be liable for the personal obligations of its members, and the SFU members shall not be liable for the obligations of the SFU.

2.8. The SFU has full independence in determining the forms of governance and decision-making.

3. THE AIM AND OBJECTIVES OF THE SFU

3.1. The purpose(s) of the SFU is to develop sailing and promote the development of sailing (yachting) in Ukraine, increase its level and mass participation, and worthy representation of Ukraine in the international sailing community by consolidating and coordinating the efforts of Ukrainian citizens interested in the development of domestic sailing, sailing (yachting), as well as protecting the interests of SFU members.

3.2. The areas of activity of the SFU are:

  • 3.2.1. coordination of relations with public authorities and governments of Ukraine, non-governmental organisations, enterprises, public associations, other legal entities and individuals in Ukraine, international organisations on the development and support of sailing and sailing sports in Ukraine;

  • 3.2.2. promoting coordinated interaction and cooperation between the SFU members, implementation of a unified, conceptually balanced policy of sailing development, promotion and popularisation of sailing (yachting);

  • 3.2.3. providing legal and social assistance to the SFU members - athletes, coaches and other sailing professionals;

  • 3.2.4. assisting in improving the situation in the fields of sports and physical culture, health care, including receiving and providing assistance, using for the intended purpose targeted contributions provided by patrons for the implementation of programmes and/or statutory objectives (goals) of the SFU;

  • 3.2.5. assisting in supporting institutions that conduct, support and promote the SFU goals;

  • 3.2.6. cooperation with other organisations and institutions, including public associations and charitable organisations, whose goals coincide with the goals of the SFU and which unite athletes, coaches and other sailing professionals;

  • 3.2.7. assisting in supporting other public associations, any organisations whose goals coincide with the goals of the SFU, and to assist in their establishment;

  • 3.2.8. attracting financial, material and other resources necessary for the implementation of its own tasks;

  • 3.2.9. maintaining communication and cooperation with WS;

  • 3.2.10. participation in the training of athletes of the SFU who perform in the national teams of Ukraine in national and international competitions of all levels;

  • 3.2.11. other activities not aimed at making a profit, aimed at fulfilling the statutory goals and objectives of the SFU.

3.3. The SFU to achieve its goal(s):

  • 3.3.1. acquires the status of the National Sports Federation of Sailing;

  • 3.3.2. organises and holds conferences, seminars, etc. for its members;

  • 3.3.3. develops and distributes among its members regulatory, educational and informational, normative documents, official award and commemorative attributes, souvenirs and advertising products of the SFU;

  • 3.3.4. participates in the organisation and conduct of championships, championships, cups, all-Ukrainian and open competitions, including children’s competitions (among persons under 14 years of age), supervises compliance with the regulatory documents on the organisation and conduct of such events;

  • 3.3.5. ensures democratic principles of organisation and interaction of the SFU members;

  • 3.3.6. organises and conducts various sports and cultural events in accordance with the purpose(s) of the SFU and the areas of its activities without the purpose of making a profit;

  • 3.3.7. in accordance with the procedure established by the legislation of Ukraine, establishes legal entities or becomes their participant or member;

  • 3.3.8. represents and protects the legitimate interests of its members in state bodies, public organisations, commercial and other institutions and establishments;

  • 3.3.9. develops and strengthens relations with domestic, foreign and international organisations in the part related to its activities;

  • 3.3.10. promotes its activities in order to attract different segments of the population to sailing and yachting;

  • 3.3.11. develops and implements sports and creative programmes, participates in the implementation of territorial and national sports and cultural programmes;

  • 3.3.12. taking into account clause 15.3 of this Statute, develops its own material and technical base, purchases sports equipment and other property necessary to ensure the statutory activities of the SFU;

  • 3.3.13. subject to clause 15.3 of this Statute, engages domestic and foreign organisations, as well as qualified specialists (on the basis of an employment agreement (contract), in particular, on a part-time basis, or on the basis of a civil law contract) to perform work necessary to ensure the statutory activities of the SFU;

  • 3.3.14. cooperates with public associations, foreign non-governmental organisations and international governmental organisations in accordance with the agreements concluded;

  • 3.3.15. participates, in accordance with the procedure established by law, in the development of draft regulations issued by state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies and related to the scope of the SFU’s activities and important issues of state and public life;

  • 3.3.16. may be a contractor of a state order in accordance with the legislation of Ukraine without the purpose of obtaining and distributing profits among the founders, members, members of the governing bodies of the SFU, other persons related to it, as well as among the employees of the SFU;

  • 3.3.17. performs other actions not aimed at making a profit and aimed at fulfilling the statutory goals and objectives of the SFU.

3.4. The use of funds and property of the SFU is carried out in the areas determined in accordance with this Statute.

4. SEPARATE SUBDIVISIONS OF THE SFU

4.1. The SFU may establish, in accordance with the procedure established by law, separate subdivisions in the form of territorial federations without the status of a legal entity (hereinafter referred to as “Separate Subdivisions”). Separate subdivisions shall be established on a regional basis in the administrative-territorial units specified in part two of Article 133 of the Constitution of Ukraine for the purpose of practical implementation of the goal(s) and tasks of the SFU on the ground. Each administrative-territorial unit may have only one Separate Subdivision.

4.2. Separate subdivisions unite SFU members of the respective region, yacht clubs, other yacht basing locations with appropriate infrastructure for sailing, sailing (yachting).

4.3. The decision to establish a Separate Subdivision and terminate its activities shall be made by the Council on the basis of an appeal of the SFU members in the relevant region, which shall be drawn up by the minutes of the meeting of the SFU members in such region.

4.4. Separate subdivisions shall be established and operate in accordance with this Statute and the Regulations on their activities, which shall be adopted on the basis of the model Regulations on territorial federations approved by the Council and may not contradict the laws and this Statute.

4.5. Legal status of Separate Subdivisions of the SFU:

a. Separate subdivisions established after 1 January 2013 do not have the status of legal entities;

b. Local branches that as of 1 January 2013 operated with the status of a legal entity in accordance with the current legislation of Ukraine, by decision of the SFU Conference (hereinafter - the “Conference”), shall retain the status of a legal entity after 1 January 2013. Local branches with the status of a legal entity shall operate on the basis of their own Statute, the provisions of which may not contradict the requirements of the Law of Ukraine “On Public Associations” and the provisions of this Statute.

4.6. The Head of the Separate Subdivision is an authorised representative of the SFU in the respective region, carries out general management of the SFU activities in such region and represents its interests in the Council.

4.7. Appointment and dismissal of the Heads of Separate Subdivisions of the SFU and local branches shall be carried out in the following order:

(a) The Head of a Separate Subdivision without the status of a legal entity shall be appointed and dismissed by the decision of the Council upon the proposal of the SFU members in the respective region, which shall be documented by the minutes of the meeting of the SFU members in such region;

(b) The head of a local unit with the status of a legal entity shall be appointed and dismissed by a decision of the supreme governing body of such local unit in accordance with the procedure and in accordance with the Statute of such local unit.

5. MEMBERSHIP IN THE SFU. RIGHTS AND OBLIGATIONS OF SFU MEMBERS

5.1. Membership in the SFU is voluntary.

5.2. Members of the SFU may be citizens of Ukraine, foreigners, stateless persons who are legally residing in Ukraine, who have reached the age of 14, share the principles and purpose(s) of the SFU, recognise the requirements of the SFU and this Statute, who have paid the entrance fee, the membership fee for the current calendar year and have applied in writing in the approved form to the SFU Branch at the place where the person is engaged in sailing, or directly to the SFU Presidium if there is no SFU Branch in the relevant region.

5.3. SFU members have the right to:

  • 5.3.1. vote for the SFU governing bodies upon reaching the age of 16, to be elected to the SFU governing bodies upon reaching the age of 18;

  • 5.3.2. participate in the discussion and decision-making on all issues of the SFU activities;

  • 5.3.3. personally participate in the SFU Conference, as well as in meetings of the SFU governing bodies, if the issues under consideration concern them personally;

  • 5.3.4. appeal against decisions, actions or omissions of the SFU bodies;

  • 5.3.5. receive information on the activities of the SFU from the SFU governing bodies;

  • 5.3.6. pay voluntary contributions to ensure the statutory activities of the SFU;

  • 5.3.7. receive assistance from the SFU on all matters within its competence, including benefits and privileges provided for SFU members;

  • 5.3.8. at any time terminate membership in the SFU (withdraw from membership) by submitting a written application to the SFU Presidium (hereinafter referred to as the “Presidium”).

5.4. Members of the SFU are obliged to:

  • 5.4.1. comply with the provisions (requirements) of this Statute, other internal and programme documents of the SFU, as well as implement the decisions of the SFU governing bodies adopted within their competence;

  • 5.4.2. take an active part in the activities of the SFU, and in case of election to the SFU governing bodies, perform their duties;

  • 5.4.3. pay membership fees in a timely manner (at the same time, payment by members of the SFU of any other fees, donations for the statutory purposes of the SFU shall not exempt members of the SFU from payment of membership fees);

  • 5.4.4. contribute to the implementation of the SFU’s objectives;

  • 5.4.5. comply with the established rules of internal ethics of the SFU;

  • 5.4.6. not to interfere with the activities of the SFU, not to cause damage to it, including by disseminating negative information about the activities of the SFU;

  • 5.4.7. take care of the property of the SFU;

  • 5.4.8. promote and disseminate ideas and activities of the SFU among the general public.

5.5. Honorary Member of the SFU. The title of Honorary Member of the SFU shall be granted in accordance with the Regulations on Honorary Titles of the SFU approved by the SFU Council. An Honorary Member of the SFU has all the rights of a SFU member, but is exempt from paying membership fees to the SFU.

5.6. The decision on admission of a candidate to membership in the SFU shall be taken by the Presidium on the basis of a written application of the approved form from the candidate and the recommendation of the head of the Separate Subdivision to which the application was received. Until the decision of the Presidium on the acquisition of SFU membership is made, a candidate who has paid the entry fee and membership fee for the current calendar year has the right to participate in sailing competitions. The candidate shall become a member of the SFU from the moment the Presidium decides to admit him/her to membership.

5.7. The amount and procedure for payment of entrance and membership fees shall be established by the Council. The Council has the right to increase or decrease the amount of the entrance and membership fees or to completely exempt members of the SFU from paying such fees.

5.8. Termination of membership in the SFU. Membership in the SFU shall be terminated:

  • 5.8.1. as a result of withdrawal from the SFU on the basis of the SFU member’s application for withdrawal;

  • 5.8.2. in case of non-payment of annual membership fees for more than 2 (two) consecutive years;

  • 5.8.3. in case of death of a SFU member;

  • 5.8.4. on the basis of a decision of the Council adopted in accordance with the procedure and on the grounds provided for by this Statute.

5.9. A member of the SFU may voluntarily terminate membership (participation) in the SFU (withdraw from membership) at any time by submitting an application to the Presidium. Membership in the SFU shall be terminated from the date of submission of such an application and does not require additional decisions. The powers of the Officials shall be terminated on the day following the state registration of the Conference decision.

5.10. Suspension of membership in the SFU. Membership in the SFU shall be suspended in case of non-payment of annual membership fees within the agreed period. Membership in the SFU shall be renewed upon payment of membership fees.

5.11. Procedure for deprivation of membership in the SFU. A member of the SFU may be expelled from the membership of the SFU on the basis of a decision of the Council for violation of this Statute or committing actions incompatible with membership in the SFU (compulsory expulsion).

5.12. The decision on the involuntary expulsion of a member from the SFU shall be taken by the Council by at least 3/4 of the votes of the Council members present at the meeting on the basis of a preliminary decision of the SFU Presidium, which is taken upon the proposal of the Separate Subdivision.

5.13. The decision of the Council to expel a member from the SFU shall be final.

5.14. The day of the decision of the Council to expel a member from the SFU shall be deemed the day of termination of its membership in the SFU.

5.15. Information on the termination of a person’s membership in the SFU shall be posted on the official website of the SFU within 5 (five) working days from the date of the relevant decision of the SFU Council.

5.16. Separate internal acts of the SFU in accordance with the Statute may define the principles of interaction between the SFU and legal entities and individuals.

6. MANAGEMENT AND CONTROL BODIES OF THE SFU

6.1. The main principle of governance of the SFU is collegiality in decision-making with personal responsibility for their implementation.

6.2. The governing and controlling bodies of the SFU are:

  • 6.2.1. Conference;

  • 6.2.2. Council;

  • 6.2.3. Presidium;

  • 6.2.4. The Audit Commission of the SFU (hereinafter referred to as the “Audit Commission”).

7. CONFERENCE

7.1. The Conference shall be the supreme governing body of the SFU, in the work of which all SFU members (in person or through their representatives) who are entitled to such participation at the time of the Conference shall have the right to participate.

7.2. The regular Conference shall be convened by the Presidium at least once every four (4) years.

7.3. In the event of circumstances affecting the essential interests of the SFU, an extraordinary Conference shall be convened. An extraordinary Conference shall be convened at the initiative of:

  • 7.3.1. The Council;

  • 7.3.2. Presidium;

  • 7.3.3. the President of the SFU;

  • 7.3.4. The Audit Commission;

  • 7.3.5. not less than 1/10 of all members of the SFU.

7.4. Each SFU member has one (1) vote at the Conference. The Conference shall be duly constituted if more than 2/3 of the members of the SFU entitled to such participation in accordance with the data of the SFU membership register participate in its work (in person or through authorised representatives - delegates).

7.5. The specific date, time and place of the Conference, its agenda shall be determined by the decision of the Council.

7.6. Notification of convening the Conference shall be made by sending a personal invitation to the members of the SFU, including by fax or e-mail, not less than thirty (30) calendar days prior to the date of the Conference. If the interests of the SFU require it, when convening an extraordinary Conference, the notice of convening an extraordinary Conference may be made no later than fifteen (15) calendar days before the date of its holding.

Resolutions of the Conference shall be recorded in the minutes kept by the Secretary of the Conference. The minutes shall necessarily contain information on the form of holding the Conference. In case the Conference is held via Internet connection, the computer programme used to hold the meeting shall be indicated.

7.7. Meetings of the SFU Conference shall be held with the direct participation of the SFU members (their authorised representatives - delegates).

7.8. The competence of the Conference includes resolving any issues of the SFU activities.

7.9. The following issues shall be within the exclusive competence of the Conference:

  • 7.9.1. determination of the main directions of the SFU activities;

  • 7.9.2. election and recall of the President, the First Vice-President and the Vice-President of the SFU;

  • 7.9.3. expressing no confidence in the SFU Officers;

  • 7.9.4. approval of the Statute of the SFU, amendments and additions thereto;

  • 7.9.5. election and recall of members of the Audit Commission;

  • 7.9.6. making a decision on reorganisation or dissolution of the SFU;

  • 7.9.7. determining the basic principles and directions of realisation of ownership rights to the property of the SFU;

  • 7.9.8. alienation of the property of the SFU, which constitutes 50 per cent or more of the property of the SFU.

7.10. Decisions on reorganisation or self-dissolution, approval of the Statute of the SFU, amendments and additions thereto shall be made by at least 3/4 of the votes of the SFU members (their representatives) present at the Conference. The decision of the Conference on other issues shall be deemed adopted if at least 2/3 of the votes of the SFU members (their representatives) present at the Conference are cast in favour of it. Also, three-fourths of the votes of the SFU members shall be cast on decisions regarding the alienation of the SFU property in the amount of fifty percent or more of the SFU property.

7.11. Decisions of the Conference shall be drawn up in the form of minutes. The minutes of the Conference shall be drawn up in Ukrainian and signed by the Chairman and the Secretary of the SFU. An integral part of the minutes of the Conference is the register of members who participated in the Conference, which must contain the surname, name and patronymic of the member (his/her authorised representative), his/her date of birth, and for foreigners and stateless persons also the data of the national passport or a document replacing it. The data on a member of the SFU (its authorised representative) participating in the Conference shall be certified by the personal signature of the relevant participant of the Conference (authorised representative). Additional requirements for the execution of the minutes of the Conference may be established by the current legislation.

7.12. Decisions, actions and omissions of the Conference may be appealed in court in accordance with the procedure established by the current legislation of Ukraine.

7.13. The Conference shall report to the SFU members on its work.

8. COUNCIL

8.1. The Council is the governing body of the SFU in the period between Conferences, with a term of office of 4 years. The Council controls the implementation of decisions made by the Conference.

8.2. The Council shall be composed of:

  • 8.2.1. President, First Vice-President, Vice-President of the SFU, Secretary of the SFU;

  • 8.2.2. Heads of Separate Subdivisions, local branches or their deputies;

  • 8.2.3. Representatives of the SFU Authorised Partners with the right of advisory vote.

8.3. The Council shall be convened by the President if necessary, but not less than 1 (one) time per year. Extraordinary meetings of the Council shall be convened by the President upon written request of 2/3 of the members of the Council.

8.4. The competence of the Council shall include any issues of the SFU activities, except for those that fall within the exclusive competence of the Conference, in particular the following issues:

  • 8.4.1. development of measures to ensure the fulfilment of the purpose(s) of the SFU;

  • 8.4.2. approval of perspective plans for the development of sailing and sailing (yachting) in Ukraine;

  • 8.4.3. ensuring the implementation of the decisions of the Conference;

  • 8.4.4. appointing and recalling, upon the recommendation of the SFU President, members of the Presidium, except for SFU Officials;

  • 8.4.5. consideration and approval of the annual financial report, estimates of income and expenditures, approval of the SFU budget for the next year;

  • 8.4.6. approval of the amount of entrance and membership fees, as well as the term and procedure for their payment;

  • 8.4.7. filling vacancies, including in the Council;

  • 8.4.8. convening extraordinary Conferences (including for the purpose of early election of the SFU Officials);

  • 8.4.9. determining the place, time, terms of holding and the agenda recommended for the Conference;

  • 8.4.10. making decisions on the establishment of Separate Subdivisions;

  • 8.4.11. appointment and dismissal of heads of Separate Subdivisions without legal entity status in accordance with the minutes of the meeting of the SFU members in the respective region (if any);

  • 8.4.12. appointment of the Election Commission in accordance with the Regulations on the Conference;

  • 8.4.13. approval of sketches of the seal, stamps, symbols;

  • 8.4.14. consideration of complaints against decisions, actions and omissions of the governing and controlling bodies of the SFU, except for the Conference;

  • 8.4.15. resolving the issue of expulsion from the membership of the SFU on the proposal of the Presidium.

8.5. A meeting of the Council shall be deemed valid if at least 2/3 of the voting members of the Council are present. Members of the Council may attend the meetings of the Council directly or via the Internet (in the mode of audio or video conference). The decision on the form of participation in the meeting shall be taken by each member of the Council personally and shall notify the Secretary of the SFU of the form of his/her participation in the meeting no later than one (1) day before the date of such meeting.

8.6. Decisions of the Council:

  • the decision to convene an extraordinary Conference shall be made by 2/3 of the votes of the members of the Council present at the meeting;
  • the decision on compulsory expulsion of a member from the SFU shall be adopted by 3/4 of the votes of the members of the Council present at the meeting;
  • decisions of the Council on other issues within its competence shall be adopted by a simple majority of votes of the Council members present at the meeting.

8.7. Resolutions of the Council shall be adopted by voting by a majority of votes present. Resolutions of the Council shall be drawn up in the form of minutes drawn up in Ukrainian and signed by the President of the SFU and the Secretary of the SFU. The form of participation of each member in the meeting of the Council shall be recorded in the minutes.

8.8. The Council shall report on the results of its activities to the Conference.

8.9. Decisions, actions and inactivity of the Council may be appealed to the Conference by submitting a relevant complaint to the Presidium not less than twenty (20) calendar days before the start of the Conference. The SFU Presidium, in case of receipt of a relevant complaint, is obliged to include the issue of consideration of this complaint in the agenda of the Conference.

9. PRESIDIUM

9.1. The Presidium is a collegial executive body of the SFU with a term of office of 4 years, which acts to fulfil the statutory tasks, decisions of the Conference and the Council and, in accordance with them, may make binding decisions, including the SFU’s regulatory documents.

9.2. The SFU President is the chairman of the Presidium.

9.3. The Presidium shall consist of 10 (ten) persons, including the President, the First Vice-President, the Vice-President of the SFU, the Secretary, the Head of the Athletes’ Commission of the SFU and other members of the Presidium. The personal composition of the Presidium, except for the SFU Officials and the Chairperson of the Athletes’ Commission of the SFU, shall be approved by the Council upon the proposal of the SFU President. The Presidium shall manage the SFU in the period between meetings of the Council.

9.4. The Presidium has the right to make decisions on all issues that are not within the exclusive competence of the Conference and the Council. In particular, the Presidium shall resolve the following issues:

  • 9.4.1. implementation of decisions of the Conference and the Council;

  • 9.4.2. convocation of an extraordinary Conference;

  • 9.4.3. preparation of materials for meetings of the SFU governing bodies;

  • 9.4.4. appointment and dismissal of the SFU Executive Director upon the proposal of the SFU President;

  • 9.4.5. organising and directing the work of Separate Subdivisions and Authorised Partners of the SFU;

  • 9.4.6. establishment and liquidation of permanent and temporary committees, commissions of the SFU, approval of the Regulations on them and appointment of their chairpersons, approval of their personal composition upon submission of the chairpersons of these structures;

  • 9.4.7. approval of other regulatory documents that do not contradict the Statute of the SFU;

  • 9.4.8. managing the funds and property of the SFU in accordance with the decisions of the Conference and the Council;

  • 9.4.9. organisation and coordination of the work of committees and subdivisions of the SFU;

  • 9.4.10. making decisions on the creation/acquisition of participation in legal entities;

  • 9.4.11. consideration of proposals of commissions and committees of the SFU;

  • 9.4.12. preparing the budget for the next year and submitting it to the Council for approval;

  • 9.4.13. resolving other issues of the current activities of the SFU that are not within the exclusive competence of the Conference and the Council.

9.5. The Presidium shall meet as necessary, but not less than 1 (one) time per month.

9.6. The President of the SFU shall convene an extraordinary meeting of the Presidium at the request of 2/3 of the members of the Presidium or at the request of the Audit Commission.

9.7. Meetings of the Presidium shall be deemed competent if they are attended by at least 2/3 of its members. Resolutions at the meetings of the Presidium shall be adopted by a simple majority of votes of the members of the Presidium present at the meeting. Members of the Presidium may attend meetings of the Presidium in person or via the Internet (via audio or video conferencing). The decision on the form of participation in the meeting shall be made by each member of the Presidium personally and shall notify the Secretary of the SFU of the form of his/her participation in the meeting no later than one (1) day before the date of such meeting.

9.8. Resolutions of the Presidium shall be drawn up in the form of minutes drawn up in Ukrainian and signed by the President of the SFU and the Secretary of the SFU. The minutes shall necessarily indicate the form of participation of each member in the meeting of the Presidium.

9.9. The Presidium shall report on its activities to the Council, as well as to the Conference.

9.10. Decisions, actions and inactivity of the Presidium may be appealed by submitting a relevant complaint to the Council.

9.11. Decisions, actions and inactivity of members of the Presidium may be appealed by submitting a relevant complaint to the Presidium.

9.12. The Presidium shall consider all complaints at the next meeting following receipt of the complaint.

10. AUDIT COMMISSION

10.1. The Audit Commission is the control body of the SFU.

10.2. Members of the Audit Commission shall be elected by the Conference from among the SFU members in the number of 3 (three) persons for a term of 4 (four) years with the possibility of their reappointment and early recall from the position. The work of the Audit Commission shall be managed by the Chairman, who shall be elected by the Conference from among the members of the Audit Commission. In the event that, for any reason, including, but not limited to, illness, leave, business trip, the Chairman of the Audit Commission is unable to perform the functions assigned to him - they shall be performed by a member of the Audit Commission designated by decision of the Chairman of the Audit Commission, and in the absence of a relevant decision of the Chairman of the Audit Commission - by decision of the Council. The Audit Commission shall be considered competent to make decisions, provided that all elected members of the Audit Commission are present at its meeting. Members of the Audit Commission may be present at meetings of the Audit Commission directly or via communication means (telephone, e-mail, Internet, etc.).

10.3. The Audit Commission shall control the economic and financial activities of the SFU and the targeted use of assets (income, property) of the SFU in accordance with the Statute of the SFU.

10.4. The Audit Commission shall operate on the basis of the Regulations on the Audit Commission approved by the Conference.

10.5. The Audit Commission shall audit the activities of the SFU at least once (1) a year, on the eve of the Council meeting.

10.6. In exceptional cases, the Audit Commission may be convened extraordinarily at the request of more than 1/2 of the votes of the total number of SFU members or at the request of the Presidium.

10.7. Decisions of the Audit Commission shall be adopted by voting by a simple majority of votes of its members.

10.8. The Audit Commission shall have the right to request from the Officials of the SFU the necessary materials, accounting and other documents, as well as personal explanations for review.

10.9. The Audit Commission shall draw up an audit report on annual reports and balance sheets and report to the Council.

10.10. The Audit Commission shall have the right to demand the convening of an extraordinary Conference in case of detection of a threat to the interests of the SFU.

10.11. Members of the Council, Presidium and other officials may not be members of the Audit Commission.

10.12. Decisions, actions and inactivity of members of the Audit Commission may be appealed by submitting a relevant complaint to the SFU Council.

11. OFFICIALS OF THE SFU

11.1. The Officials of the SFU are the President of the SFU, the First Vice-President of the SFU and the Vice-President of the SFU (hereinafter referred to as “Officials of the SFU”).

11.2. Officials of the SFU shall be elected for a term of 4 (four) years.

11.3. Elections of Officials of the SFU shall be conducted according to a procedure regulated by a separate Regulation on the Election of Officials of the SFU, which shall be approved by the Council.

11.4. Officials of the SFU may be citizens of Ukraine who are members of the SFU.

11.5. Officials shall report on their activities at the regular meeting of the Conference.

11.6. Complaints against decisions, actions or inactivity of Officials of the SFU shall be submitted to the Conference.

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

11.8. The President of the SFU:

  • 11.8.1. heads the work of the SFU;
  • 11.8.2. represents the SFU before state bodies, institutions, all third parties without a power of attorney;
  • 11.8.3. has the right to conclude on behalf of the SFU contracts (agreements) and make any transactions aimed at acquisition, change or termination of property or personal non-property and other rights and obligations of the SFU;
  • 11.8.4. has the right to sign financial and other documents of the SFU;
  • 11.8.5. issues powers of attorney on behalf of the SFU;
  • 11.8.6. opens SFU accounts in banking and other financial and credit institutions; manages such accounts (using the right of first signature), performs any operations on accounts and signs banking, settlement and other financial documents;
  • 11.8.7. issues within his competence orders, instructions and other documents binding on the bodies subordinate to him;
  • 11.8.8. has the right to hire, transfer to another job and dismiss employees of the SFU, including the chief accountant, apply incentives and penalties to them, approve job responsibilities of the SFU employees;
  • 11.8.9. approves the staffing table, job descriptions for employees, as well as any other documents related to the regulation of labor relations in the SFU;
  • 11.8.10. monitors compliance with the Statute of the SFU;
  • 11.8.11. presides at Conferences, meetings of the Council and heads the Presidium;
  • 11.8.12. manages the work of the Council, Presidium and has the casting vote in decisions made by the Council and Presidium;
  • 11.8.13. monitors the implementation of jurisdiction, forms decisions and appoints special committees;
  • 11.8.14. forms and submits for approval by the Council the personal composition of the Presidium, except for Officials of the SFU;
  • 11.8.15. makes submissions to the Presidium for appointment and dismissal of the Executive Director of the SFU;
  • 11.8.16. implements measures to implement decisions of the Conference;
  • 11.8.17. has the right to demand the convening of an extraordinary Conference in case of detection of a threat to the interests of the SFU;
  • 11.8.18. reports on his activities, as well as on the activities of the Council and Presidium at the regular meeting of the Conference;
  • 11.8.19. Complaints against decisions, actions, inactivity of the President shall be submitted to the Council.

11.9. Vice-Presidents of the SFU:

  • 11.9.1. The Officials of the SFU include two Vice-Presidents who may not be elected from the same Separate Subdivision or local branch of the SFU.
  • 11.9.2. Vice-Presidents manage the work of the SFU in the areas determined by the Conference, Council, and instructions of the President of the SFU.
  • 11.9.3. In the absence of the President of the SFU, his duties shall be performed by the First Vice-President, and in his absence - by the Vice-President of the SFU.
  • 11.9.4. The First Vice-President and Vice-President of the SFU shall be subordinate to the President of the SFU, accountable to him, the Council and the Conference.

12. EXECUTIVE DIRECTOR OF THE SFU

12.1. The Executive Director of the SFU shall be appointed and dismissed by decision of the Presidium on the basis of a submission by the President of the SFU.

12.2. The Executive Director of the SFU shall perform the functions assigned to him for managing the day-to-day activities of the SFU (in accordance with the Job Description) within his competence and rights defined by this Statute, decisions of the Presidium, Council and Conference.

12.3. On the basis of a special power of attorney issued by the President of the SFU, the Executive Director of the SFU shall have the right to:

  • 12.3.1. represent the SFU in its relations with Ukrainian and foreign state authorities, local self-government bodies, Ukrainian and foreign legal entities and individuals;
  • 12.3.2. manage the current activities of the SFU and operational and economic management of property and assets of the SFU;
  • 12.3.3. sign financial and economic documents on behalf of the SFU;
  • 12.3.4. resolve other issues and perform other lawful actions on behalf of the SFU, except those that, according to this Statute, are within the competence of the Conference, Council or Presidium.

12.4. Tasks and duties of the Executive Director of the SFU:

  • 12.4.1. preparation and submission for approval by the Council of plans for financial and economic activities of the SFU;
  • 12.4.2. preparation and submission for approval by the Council or Presidium of regulations, instructions and other acts of internal regulation of the SFU’s activities;
  • 12.4.3. preparation and submission for approval by the President of the SFU or Presidium of organizational, administrative and economic documents;
  • 12.4.4. control over the implementation by Separate Subdivisions, local branches of the SFU of decisions of the SFU governing bodies;
  • 12.4.5. ensuring the implementation of decisions of the Presidium, Conference or Council, execution of separate instructions of the President of the SFU;
  • 12.4.6. based on the results of appeals to the SFU, preparation, submission for consideration and approval by the Presidium or Council of responses or proposals to the relevant appeals;
  • 12.4.7. carrying out operational document flow with the central executive body implementing state policy in the field of physical culture and sports, the National Olympic Committee of Ukraine, other state authorities of Ukraine, processing relevant petitions and certificates;
  • 12.4.8. application to embassies of foreign states with a request for granting visas to SFU members;
  • 12.4.9. other duties and tasks provided for in the Job Description of the Executive Director of the SFU, which shall be approved by the Presidium.

12.5. The Executive Director of the SFU shall be subordinate to the Presidium, accountable to it, the Council and the Conference.

12.6. The Executive Director of the SFU shall report to the Presidium and the President of the SFU on the current status of projects in which the SFU participates, as well as on expenses made from the approved budget of the SFU and the general status of its implementation.

12.7. The Executive Director of the SFU shall bear responsibility as provided for by this Statute, the Job Description of the Executive Director and the current legislation of Ukraine.

12.8. In the event that, for any reason, including, but not limited to, illness, leave, business trip, the Executive Director of the SFU is unable to perform the functions assigned to him - they shall be performed by another person/employee of the SFU designated by decision of the Presidium.

13. SECRETARY OF THE SFU

13.1. The Secretary of the SFU shall be appointed and dismissed by the Council on the submission of the President of the SFU for a term of 4 years.

13.2. The main tasks of the Secretary of the SFU are:

  • 13.2.1. execution of orders of Officials of the SFU, decisions of the Presidium and other governing bodies of the SFU and prompt informing of SFU members about decisions made;
  • 13.2.2. establishment of a unified procedure for document circulation in the SFU;
  • 13.2.3. ensuring effective information communication between the SFU, its members and separate subdivisions, WS, state bodies and institutions and other organizations, in accordance with the Regulation on the Secretariat of the SFU, which shall be approved by the Council;
  • 13.2.4. maintains records of SFU members and payment of membership fees.

13.3. The Secretary shall be subordinate to the President of the SFU, Vice-Presidents of the SFU and accountable to them.

14. STANDING COMMITTEES OF THE SFU

14.1. Standing committees are working bodies of the SFU that conduct a separate area of work, in accordance with Regulations on them, which shall be approved by the Presidium.

14.2. Officials of the SFU may concurrently head one of the SFU committees.

15. SOURCES AND PROCEDURE FOR USE OF FUNDS AND OTHER PROPERTY OF THE SFU

15.1. To fulfill its statutory purpose (goals), the SFU acquires ownership rights to funds and other property transferred to the SFU by its members or the state, acquired as membership fees, donated by citizens, legal entities (sponsors) in the established manner, as well as other property acquired at the expense of its own funds or acquired on other legal grounds.

15.2. The SFU has the right, taking into account clause 2.3 of this Statute, to carry out directly or through legal entities (companies, enterprises) established in the manner prescribed by law, entrepreneurial activities that correspond to the purpose (goals) of the SFU and contribute to its achievement. Information on the SFU’s entrepreneurial activities shall be included in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations.

15.3. The income of the SFU shall be used exclusively to finance expenses for the maintenance of the SFU, implementation of the purpose (goals, objectives) and areas of activity defined by this Statute. Members of the SFU shall not have the right to a share of the SFU’s property. Income (profit) or parts thereof, as well as property (assets) of the SFU shall not be subject to distribution among its members, employees (except for payment of their labor, accrual of a single social contribution), members of governing bodies, other persons related to them, and may not be used for the benefit of any individual member of the SFU, its officials.

15.4. To ensure its activities, the SFU may have in its ownership buildings, structures, equipment, property for cultural, educational and recreational purposes, housing, transport, cash (including in foreign currency), shares, bonds and other securities.

15.5. Sources of funds and other property of the SFU are:

  • one-time and periodic contributions and deductions from SFU members, including entrance and membership fees of SFU members;
  • funds and property received by the SFU from its statutory (main) activities, taking into account clause 2.3 of this Statute;
  • funds and property received free of charge or in the form of non-refundable financial assistance, charitable contributions, voluntary contributions and donations from individuals and legal entities or international grants;
  • subsidies and grants received from the state or local budgets, state trust funds or within the framework of technical or charitable, including humanitarian, assistance;
  • passive income;
  • other sources not prohibited for public associations - non-profit organizations by the current legislation of Ukraine.

15.6. Funds and property of the SFU shall be used in the following areas (taking into account clause 15.3 of this Statute):

  • fulfillment of statutory tasks;
  • implementation of approved plans and programs of the SFU;
  • payment of rent for SFU premises, their maintenance, current and capital repairs;
  • charitable purposes;
  • payment of labor of staff employees;
  • purchase or rental of material and technical means, equipment, machinery, transport and other fixed assets, including office equipment, necessary to achieve the statutory goals of the SFU;
  • implementation of approved plans and programs of the SFU.

15.7. The SFU has the right to:

  • own, use and be responsible for property and funds that are in its ownership in accordance with current legislation and areas of the SFU’s activities, within the limits defined by this Statute;
  • lease property in the manner established by current legislation;
  • write off from the SFU’s balance sheet equipment and other property belonging to fixed assets before the end of their depreciation service life due to their physical or moral deterioration;
  • alienate property owned by it by decision of the relevant governing bodies of the SFU;
  • be a beneficiary of charitable assistance from benefactors, accept charitable donations and grants, carry out charitable and patronage activities;
  • for the purpose of implementing the statutory purpose (goals), conduct charitable mass events and charitable auctions;
  • for the purpose of achieving statutory goals (objectives), organize and collect charitable donations and grants;
  • engage on the basis of civil law contracts to participate in the activities of the SFU individual specialists: Executive Director of the SFU, accountant, auditor, lawyer, managers in various areas of activity and other legal entities and individuals, including foreign ones;
  • keep funds in bank accounts and conduct all cash settlements and operations in accordance with the procedure established by the current legislation of Ukraine.

15.8. The SFU may lease or grant free use of buildings, premises, equipment and other property belonging to fixed assets.

15.9. The SFU shall exercise the rights of ownership, use and disposal of property in its possession, within the limits established by law, in accordance with the purposes of the SFU’s activities and the purpose of the property.

15.10. In the interests of fulfilling the tasks and goals established by this Statute, the SFU has the right to make any decisions if they do not contradict the current legislation of Ukraine.

16. ACCOUNTING AND REPORTING

16.1. The SFU shall maintain operational and accounting records, financial and statistical reporting, register with the State Fiscal Service of Ukraine and make payments to the budget in the manner and amounts provided for by legislation.

16.2. The SFU shall be liable for its obligations with all property that may be foreclosed in accordance with the legislation.

16.3. Labor legislation, social insurance and social security legislation shall apply to hired employees of the SFU.

16.4. Responsibility for the state of accounting, timely submission of accounting and other reports shall be assigned to the President of the SFU, Executive Director and Chief Accountant of the SFU.

16.5. The SFU and its Officials shall bear the liability established by legislation for the accuracy of accounting and reporting data.

16.6. The right to sign financial documents shall be held by the President of the SFU, Executive Director of the SFU and Chief Accountant.

17. TERMINATION OF THE SFU’S ACTIVITIES

17.1. The activities of the SFU may be terminated:

  • 17.1.1. by decision of the SFU, adopted by the Conference, through self-dissolution or reorganization, adopted in accordance with clause 7.10 of this Statute;
  • 17.1.2. by court decision on prohibition (forced dissolution) of the SFU.

17.2. In the process of reorganization, the transfer of rights and obligations belonging to the SFU, as well as the transfer of all its documents, to the successor shall be carried out in the manner prescribed by law.

17.3. Self-dissolution of the SFU shall be carried out by decision of the Conference, and forced dissolution - by court decision, by a liquidation commission appointed by the body that decided on dissolution (except in cases where the powers of the liquidation commission are assigned to the SFU’s governing body), and also make decisions regarding the use of funds and property of the SFU after its termination in accordance with the statute. The liquidation commission shall publish in special media information about the termination of the SFU’s activities and the terms for satisfying creditors’ claims within 3 (three) days after its appointment.

17.4. From the date of appointment of the liquidation commission, the powers to manage the affairs of the SFU shall be transferred to it. The liquidation commission shall evaluate the existing property of the SFU, draw up a liquidation balance sheet and submit it to the body that appointed the liquidation commission.

17.5. In case of self-dissolution of the SFU, its property and funds, after satisfying creditors’ claims, shall be transferred by decision of the SFU for statutory or charitable purposes to another (several other) non-profit public associations, and in case of failure to make such a decision - shall be credited in accordance with the law to the state or local budget.

17.6. If the value of the SFU’s property is insufficient to satisfy creditors’ claims, the liquidation commission shall apply to the commercial court with an application to initiate bankruptcy proceedings of the SFU in the manner prescribed by current legislation.

17.7. The SFU shall lose the status of a legal entity and shall be deemed to have terminated its activities from the moment of making a corresponding entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations.

17.8. The decision on self-dissolution of the SFU shall be made by the Conference if at least three-fourths of the participants of the Conference present voted for it.

17.9. Reorganization of the SFU shall be carried out by decision of the Conference if at least three-fourths of the participants of the Conference voted for it by merger, division, accession or transformation.

17.10. The procedure and legal consequences of termination of the SFU’s activities through self-dissolution, reorganization or prohibition (forced dissolution) of the SFU shall be determined in accordance with this Statute and the current legislation of Ukraine.

17.11. In case of termination of the SFU as a result of its liquidation (self-dissolution, forced dissolution) or reorganization (merger, division, accession or transformation), its assets must be transferred to one or more non-profit organizations of the corresponding type or credited to budget revenues.

18. PROCEDURE FOR MAKING AMENDMENTS AND ADDITIONS TO THE STATUTE

18.1. Making amendments and additions to the Statute is the exclusive competence of the Conference.

18.2. Amendments and additions to the Statute shall be made on the basis of a decision of the Conference adopted in accordance with clause 7.10 of this Statute.

18.3. Amendments and additions to the Statute of the SFU shall be subject to mandatory state registration in the manner prescribed by legislation.

19. FINAL PROVISIONS

19.1. This Statute is the founding document of the SFU.

19.2. The invalidity of any provision of this Statute shall not result in the invalidity of any other or all other provisions of this Statute. In the event of invalidity of a certain provision of this Statute, the relevant provisions of the current legislation of Ukraine shall apply to the relations it regulated.

19.3. The names of articles in this Statute are provided for convenience and do not affect the interpretation of the provisions of the Statute.

President PUBLIC ORGANISATION “SAILING FEDERATION OF UKRAINE”

R.M. Luka

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