On February 19, 2016, the Ministry of Justice registered a new edition of the Charter of the NGO "Ukrainian League for the Development of Palliative and Hospice Care"
REGULATIONS
Public organization "Ukrainian League for the Development of Palliative and Hospice Care"
(new edition)
I. General provisions.
1.1. The public organization "Ukrainian League for the Development of Palliative and Hospice Care" (hereinafter the Organization) was created by the decision of the Constituent Assembly of the All-Ukrainian Public Organization "Ukrainian League for the Development of Palliative and Hospice Care" (Protocol No. 1 dated December 17, 2010), in accordance with the Constitution of Ukraine, the Law of Ukraine "On Public Associations", other normative legal acts and this statute.
1.2. The organization is a voluntary public association, based on individual membership, created on the basis of unity of interests, for the joint implementation of the organization's goals and tasks defined by this Charter.
1.3. The organization was created and operates on the basis of voluntariness, equality of its members, self-government, legality and publicity, and is free to choose the directions of its activity.
1.4. The organization was created for an indefinite period.
1.5. Full name of the organization:
in Ukrainian: NGO "Ukrainian palliative and hospice care development league", in English: NGO "Ukrainian palliative and hospice care league";
the abbreviated name in Ukrainian is "Ukrainian Palliative League" and/or "ULPH".
1.6. The activity of the organization has a social character, which does not contradict its interaction with state authorities, close contact with other public organizations, movements, foundations and individual citizens.
1.7. The organization may establish, join, cooperate with international public (non-governmental) organizations and international governmental organizations, form international unions of citizens' associations, maintain direct international contacts and connections, conclude relevant agreements, in compliance with the requirements of the Law of Ukraine "On Public "unification" and international treaties of Ukraine, the consent of which is binding was given by the Verkhovna Rada of Ukraine.
1.8. The organization acquires the status of a legal entity from the moment of state registration.
1.9. The organization has a round seal, stamps, forms with its name, an emblem, a flag (banner), other symbols and identification marks registered in accordance with the procedure established by law, as well as a current account, bank accounts and other signs defined for legal entities by the current legislation
1.10. The organization was created with all-Ukrainian status.
1.11. Location of the Organization:
legal address: 10-a Pymonenko Street, room No. 321, Kyiv, 04050.
II. The purpose and tasks of the Organization
2.1. The main goal of the Organization's activity is the development
of palliative and hospice care, medical and social rehabilitation, promotion of life extension, as well as protection of legitimate professional and other common interests of the Organization's members.
2.2. The tasks of the Organization are:
- promoting the creation of a national legislative framework regarding access to pain relief, palliative care and medical and social rehabilitation;
- participation in the development and support of regional and state programs related to the provision of medical, social, and spiritual support to terminally ill patients, as well as the development of medical and social rehabilitation. Development and promotion of their programs;
– educational activities and informing the population about the tasks of palliative care;
– introduction of moral and ethical principles into the health care system;
– support for the activity and development of separate units of the organization;
- promoting the development of volunteering in the field of palliative care, medical and social rehabilitation;
– an initiative to create an institute of medical chaplaincy;
– an initiative to conduct scientific research on topical issues of palliative care;
- participation in carrying out, together with authorized state management bodies in the field of health care and social policy, in accordance with the procedure defined by legislation, inspections on the provision of medical, social assistance, medical and social rehabilitation;
- in agreement with local authorities and health care institutions, at the expense of own funds and the voluntary labor participation of members of the Organization for the provision of assistance to terminally ill patients, as well as psychological, spiritual and social support for members of their families, during the period of illness and bereavement them native;
- organization of cooperation with public, charitable, religious, volunteer organizations and association of medical, social workers, psychologists, lawyers, scientists, representatives of the clergy in the development of palliative and hospice care, medical and social rehabilitation;
- participation in the formation of advocacy mechanisms in the field of palliative care, medical and social rehabilitation.
2.3. In order to achieve the statutory goal and fulfill the statutory tasks, the Organization has the right to:
- apply to state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, their officials and employees with proposals (remarks), statements (petitions), complaints in accordance with the procedure established by law;
- to receive public information in the possession of subjects of authority, other administrators of public information in accordance with the procedure established by law;
- to participate, in accordance with the law, in the development of draft legal acts issued by state authorities, the authorities of the Autonomous Republic of Crimea, local self-government bodies and related to the Organization's sphere of activity and important issues of state and social life, including in the development of industry standards ;
- to hold peaceful meetings;
- participate in the activities of international non-governmental and governmental organizations on health issues;
- to promote the creation of a system of exchange of scientific and other information regarding the development of palliative and hospice care with relevant organizations and institutions both in Ukraine and abroad;
- participate in providing hospice care to people living with HIV and other socially dangerous diseases;
- to contribute to the development and implementation of programs for the provision of palliative and hospice care to incurable patients who will not be hospitalized in hospices;
- to participate in the creation of a school for the training of specialists and volunteers for the care of the seriously ill on the basis of existing hospices and palliative care centers in Ukraine;
- contribute to the improvement of the system of medical, legal and professional protection of the members of the Organization;
- promote the involvement of a wide range of citizens in active participation in the development and functioning of palliative and hospice services;
- to participate in the involvement of volunteers, volunteers for unpaid work in hospices for the care of the sick;
- support and create modern educational and methodological centers, conduct training for training, retraining of personnel, internship of specialists in the field of palliative care and hospice activities, medical and social rehabilitation, and others;
- to create for the members of the Organization, in accordance with the procedure defined by the law, conditions for establishing relations with international public organizations in order to exchange experience in the organization and work of hospices, in matters of health care, social protection, science, education and other fields;
- to participate in the organization and implementation, including for members of the Organization, of educational and informational programs with the aim of improving their qualification level, etc.;
- participate in the implementation of programs and projects aimed at deepening cooperation and understanding between members of the Organization, comprehensively support progressive ideas and scientific achievements and promote their implementation in practice;
- to promote the organization and functioning of data banks of various projects aimed at the development of palliative care and hospice services, social protection and improvement of the situation of patients in society;
- to participate in the provision of information and legal support to the members of the Organization, to finance the referral of the members of the Organization to study at educational institutions, to advanced training courses, both in Ukraine and abroad, with the aim of their further work in the palliative care system;
- to participate in publishing and multi-media projects, which are aimed at fulfilling the statutory goal and tasks, to assist the members of the Organization in the publication of informational, methodical and scientific and applied materials;
- promote the unification of Ukrainian citizens, their intellectual, material and other resources for the purpose of developing palliative care and hospice services in Ukraine;
- to be a participant in civil legal relations, to acquire property and non-property rights in accordance with the legislation;
- to represent the interests of the Organization in relations with public organizations, international public (non-governmental) organizations, state authorities, local self-government bodies and other institutions, organizations of all forms of ownership regarding the activities of the Organization, as well as to protect the legitimate interests of the Organization and its members in state and public bodies;
- freely disseminate information about your activities, promote your goals and objectives;
- act as an initiator and establish awards, distinctions, nominations, other types of incentives for members of civil society, professional communities for socially useful activities, etc.;
- to establish mass media in order to achieve the statutory goals and objectives in accordance with the procedure established by law;
- to be an executor of a state order in accordance with the law independently or through a company or enterprise created by the Organization;
- to participate in the procedure defined by the law in the work of advisory, advisory and other auxiliary bodies formed by state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies to conduct consultations with public associations and prepare recommendations on issues related to the sphere of their activities;
- to carry out, in accordance with the law, entrepreneurial activity directly or through legal entities (companies, enterprises) established in accordance with the law, if such activity corresponds to the purpose and tasks of the Organization and contributes to its achievement.
III. The procedure for acquiring and terminating membership in the Organization, the rights and obligations of members of the Organization.
3.1. The founders of the Organization are natural persons who initiated the creation of the Organization and took part in the work of its Constituent Assembly. The authority of the founder of the Organization ends after the state registration of the Organization in accordance with the procedure established by law. The founders acquire the status of a member of the Organization, have the rights and bear the obligations stipulated by the legislation and this Statute for the members of the Organization.
3.2. Members of the Organization can be citizens of Ukraine, foreigners and stateless persons who have reached the age of 14 and actively contribute to the fulfillment of the Organization's statutory tasks.
3.3. Admission to the membership of the Organization is carried out by separate subdivisions of the Organization (regional organizations, republican organization in the AR of Crimea, organizations of the cities of Kyiv and Sevastopol) by decision of the Council of the detached subdivision, which is adopted no later than a month after receiving a written application from a person addressed to the head of the detached subdivision. In the application for membership of the Organization, a person who wishes to become a member of the Organization confirms the obligation to fulfill the Statute of the Organization, and also gives consent to the processing of personal data in accordance with the purpose of their processing in the manner established by law. The council of a separate unit has the right to refuse to accept a person as a member of the Organization.
3.4. The decision of the Council of a separate subdivision to accept or refuse to become a member of the Organization shall be notified in writing to the person who submitted an application for membership of the Organization within 10 days from the moment of such decision. Members of the Organization are issued a certificate in the form established by the Board within two months from the moment of acceptance.
3.5. Separate subdivisions of the Organization keep registers of members of the Organization and provide this information about members to the Board of the Organization to form a general register of members of the Organization. The procedure for registering members of the Organization, providing information about them and the form of the register of members of the Organization shall be established by the Board.
3.6. Members of the Organization have the right to:
- to participate in the statutory activities and events of the Organization;
- to participate in the Meetings of the separate unit, General Meetings of the Organization as a delegate, to elect and be elected to the management and working bodies of the separate unit and the Organization;
- submit proposals, statements and complaints for consideration by the management bodies of the separate division and the Organization;
- participate in the discussion of all issues related to the activities of the separate unit and the Organization;
- to receive information and explanations regarding the activities of the separate unit and the Organization, subject to the protection of confidential information and personal data;
- have access to financial and other reports of the Organization;
- voluntarily accept membership in the Organization;
– to receive consultations and other assistance that can be provided by a separate unit and the Organization;
- participate in projects and programs concluded within the powers and activities of the separate division and the Organization;
- grant the separate unit and the Organization the authority to represent and protect its rights and interests;
- on the basis of an appropriate mandate, to represent the interests of the Organization and act on its behalf.
Members of the Organization are prohibited from carrying out political activities, political agitation, creating any political movements, associations, factions, groups, etc. within the Organization.
3.7. Members of the Organization are obliged to:
- fulfill the requirements of the Charter and the decisions of the governing bodies related to the fulfillment of the Organization's statutory tasks;
- be registered in a separate unit of the Organization;
- take an active part in the activities of the separate unit and the Organization;
- to promote the ideas, purpose, statutory tasks and activities of the Organization;
- to comply with the requirements of the management bodies of the Organization, a separate unit in which a member of the Organization is registered, regarding the procedure and conditions for the use of personal data and other information that is confidential;
- prevent actions that may cause moral (reputational) or material damage to the Organization;
- actively contribute to the development and improvement of the activities of the separate unit and the Organization, strengthening their authority;
- to pay entrance and membership fees in a timely manner in the manner and amounts regulated by the Regulation on the procedure for payment of entrance and membership fees approved by the Organization's Board.
3.8. The members of the Organization are not responsible for the obligations of the Organization, and the Organization is not responsible for the obligations of its members.
3.9. The Management Board of the Organization has the right to make a decision on the acceptance of persons who actively contribute to the development of the Organization, the fulfillment of statutory tasks as Honorary Members of the Organization, based on the recommendations of at least two members of the Management Board of the Organization. Honorary members have the right to participate in the Meetings with the right of an advisory vote.
3.10. The Board of the Organization has the right to establish awards and other types of incentives for members of the Organization and other persons who actively contributed to the fulfillment of the Organization's statutory tasks.
3.11. Membership in the Organization is terminated on the basis of:
- a written application of a member of the Organization, submitted to a separate subdivision of the Organization, which made a decision on admission to the membership of the Organization, from the moment of submission of the application;
- the decision of the Council of the separate subdivision in the cases provided for in clauses 3.12, 3.15 of the Statute;
- the decision of the Management Board on the termination of the separate subdivision.
Information on the termination of membership is entered in the registers of members of the Organization within 10 days.
3.12. Membership in the Organization is terminated without filing an application in the event of a person's death, recognition of a person as incompetent in accordance with the procedure established by law, or the entry into force of a conviction against a member of the Organization. In such cases, within one month from the moment of receiving information about the occurrence of the specified circumstances, the Council of the separate subdivision shall make a decision to terminate the membership in the Organization and the relevant information shall be entered in the register of members of the Organization.
3.13. From the day of termination of membership, the stay of a member of the Organization in any elected position in the Organization is terminated. Termination of membership, except for the cases of clause 3.12 of the Statute, is not a reason for termination or non-fulfillment of any obligations under civil law or employment contracts.
3.14. In case of termination of membership in the Organization, membership, introductory and voluntary contributions and donations are not returned.
3.15. The council of a separate subdivision makes a decision on exclusion from the membership of the Organization in the following cases:
– repeated violation of the requirements of the Charter and documents regulating the activities of the Organization;
- non-participation in the activities of the Organization without valid reasons during the year;
- systematic (2 or more times in a row) failure to pay membership fees;
- committing actions or omissions that caused significant property or non-property, reputational damage to the Organization.
The decision on exclusion from the membership of the Organization may be appealed in accordance with the procedure provided for in Chapter VIII of the Statute.
3.16. In case of termination of membership in the Organization voluntarily, on the basis of the submitted application, the person has the right to rejoin the membership of the Organization on general grounds in accordance with clauses 3.3 - 3.7 of the Organization's Statute.
IV . Governing bodies of the Organization.
4.1. The governing bodies of the Organization are:
- General meeting;
– Board;
- Supervisory Board;
4.2. The highest governing body of the Organization is the General Assembly (Conference, Congress) of the Organization (hereinafter the Assembly), which is convened by the Board at least once every three years.
4.3. Extraordinary Meetings of the Organization may be convened at the request of 2/3 of the separate divisions of the Organization, the Supervisory Board, by decision of the Board or the Chairman of the Board of the Organization.
4.4. The general meeting of the Organization is authorized if more than half of the elected delegates of the Organization are present.
4.5. Separate subdivisions are notified of the Organization's Meetings by the Organization's Board no later than two weeks before their convening. The place, date, time of the Meeting, the agenda and the quota for the separate divisions for the election of delegates must be specified in the notice of the Meeting.
4.6. Separate subdivisions (including members) of the Organization have the right to send their written proposals regarding the agenda to the Board at least 5 days before the date of the Meeting. The decision to include issues on the agenda is made by the Board.
4.7. The competence of the Meeting of the Organization includes:
- approval, amendment, adoption of a new version of the Organization's Charter;
- approval of programs and main directions of the Organization's activities;
- listening to the reports of the Organization's statutory bodies;
- adoption of a decision on self-dissolution or reorganization of the Organization;
- realization of the right of ownership of the Organization's funds and property in relation to the alienation of the Organization's property in the event that the value of such property exceeds 700,000 (seven hundred thousand) hryvnias;
- making decisions on the delegation of part of the powers to the Management Board, the Chairman of the Management Board of the Organization, including regarding the realization of the right of ownership of funds and property of the Organization;
- appointment of the liquidation commission and its chairman;
– election of the chairman and members of the Organization's Management Board;
– election of the chairman and members of the Supervisory Board of the Organization;
- resolution of other issues related to the activities of the Organization.
4.8. All decisions, including the election of the governing bodies of the Organization, are made by open or secret voting by a simple majority of the delegates present at the Meeting.
4.9. Decisions on the approval, amendment, adoption of a new edition of the Organization's Charter and on self-dissolution or reorganization of the Organization are made by the Assembly, if at least 2/3 of the delegates present at the meeting voted for such a decision.
4.10. In the period between the Meetings, the governing body of the Organization is the Management Board, which is elected from the Chairman, first deputy, deputy Chairman (no more than 5) and members of the Management Board (heads of separate units of the Organization (regional organizations, republican organization in the Autonomous Republic of Crimea, the cities of Kyiv and Sevastopol). In exceptional cases, at the request of the Chairman of the Management Board, other persons may be elected to the Management Board. The term of office of the Chairman and members of the Management Board is 5 years. The Executive Director is an ex officio member of the Management Board.
4.11. The Board of the Organization:
- makes a decision on convening the Organization's Meeting;
- ensures the preparation and holding of Meetings;
- organizes the implementation of the decisions of the management bodies of the Organization;
- manages the current activities of the Organization;
- implements the right of ownership of the funds and property of the Organization in the event that the value of such property (per deed) does not exceed 700,000 (seven hundred thousand) hryvnias;
- distributes responsibilities between the Chairman, first deputy, deputy Chairman and members of the Organization's Management Board;
- approves the budget of the Organization and the report on its implementation;
- decides on exclusion from the membership of the Organization in case of termination of a separate subdivision;
- makes decisions on the creation and termination of separate units of the Organization;
- establishes and liquidates printed and other mass media, appoints and dismisses their heads;
- conducts information policy;
- creates the Supervisory Board, the Ethics Commission, other commissions, sections, working and advisory bodies of the Board, the work of which may involve members of the Organization who are not members of the Board, Honorary Members of the Organization, prominent public, cultural, etc. figures, as well as independent experts (specialists);
- supervises compliance by members of the Organization with the requirements of the Organization's Charter and takes measures against violators of these requirements;
- organizes, if necessary, an independent audit to confirm the reliability and completeness of the annual balance sheet, accounting statements;
- approves the Regulation on the procedure for payment of entry and membership fees, other provisions regulating the activities of the Organization;
- carries out an examination of the projects proposed by the Organization by other structures for their compliance with the legislation of Ukraine and the Organization's Charter;
- makes decisions on the establishment of institutions, societies, enterprises and other organizations with the status of a legal entity, in accordance with the procedure established by the current legislation and approves their statutes (regulations);
- approves samples of the round seal with its name, corner and other stamps, forms, emblem, flag, certificates, other requisites, symbols and paraphernalia of the Organization;
- examines the issue of formation and use of the Organization's funds;
- carries out economic management of funds and property of the Organization;
- creates the Executive Directorate of the Organization;
- carries out other activities within the limits of the powers granted by the Meeting.
4.12. Members of the Management Board and members of the Supervisory Board are ex-officio delegates to the Organization's Meetings.
4.13. Members of the Management Board cannot be simultaneously elected as members of the Supervisory Board.
4.14. Meetings of the Management Board of the Organization are held at least once every six months, are convened by the Chairman of the Management Board and are valid if the majority of its members are present.
4.15. Meetings of the management, working and advisory bodies of the Organization (the Board, Presidium, Supervisory Board, commission, council, section, etc.) can be held both with the direct participation of members of these bodies, and with the help of Internet communication with the use of audiovisual computer programs - online conferences. The decision on the form of holding such a meeting is made by the head of the relevant body and informs the members of the body about the chosen form of the meeting no later than 5 days before the specified date of the meeting. Any meeting of management, working and advisory bodies shall be formalized by a protocol, which must specify the form of the meeting. If the meeting is held via the Internet, the protocol must record which computer program was used to hold the meeting.
4.16. Decisions of the Management Board are adopted by a simple majority of votes of the members of the Management Board participating in the voting. Acting deputies of the Chairman of the Management Board do not have the right to vote at the meetings of the Management Board (if they are appointed by the Chairman of the Management Board). In case of election to the post of first deputy or deputy chairman of the Board of the head of a separate subdivision of the Organization, he has one vote during voting at meetings of the Board.
4.17. At the request of the majority of members of the Management Board, the Presidium, the Chairman of the Management Board or the Supervisory Board, extraordinary meetings of the Management Board of the Organization may be convened.
4.18. To ensure the activities of the Organization in the period between the Meetings and meetings of the Board, the Presidium is established as a working body of the Board, which acts on the basis of this Charter.
4.19. The Presidium resolves any issues of the Organization's work within the powers of the Chairman of the Board. The Presidium's work regulations are approved by the Board. An Executive Directorate is created to ensure the work of the Presidium.
4.20. The Presidium includes:
- Chairman of the Board;
- first Deputy;
- deputies;
- CEO.
4.21. The Chairman of the Presidium is the Chairman of the Board of the Organization.
4.22. Meetings of the Presidium are convened by the Chairman of the Board as necessary, but not less often than once a month, and are valid if more than half of its members are present.
4.23. Decisions of the Presidium of the Board are made by a simple majority of votes of the members of the Presidium participating in the voting and are binding on all members of the Organization.
4.24. Chairman of the Board of the Organization:
- is a senior official of the Organization;
- represents the Organization in relations with state authorities, local governments, enterprises, institutions, organizations, associations of citizens, individual individuals, as well as in international relations;
- makes statements on behalf of the Organization that do not contradict the Organization's Charter, current legislation of Ukraine, generally recognized principles and norms of international law;
- submits to the Meeting for approval the candidacy of the first deputy, deputy Chairman of the Board, and also appoints acting first deputy, deputy Chairman of the Board in the event of termination of their powers before their election by the Meeting;
- organizes the work of the Board (Presidium) and presides over their meetings;
- issues orders and orders within the scope of his competence, which must be followed by members and full-time employees of the Organization;
- approves the staff list of the Organization and the cost estimate for its maintenance;
- determines the conditions and payment procedure for full-time employees of the Organization;
- has the right to sign financial documents as the first person;
- opens and closes accounts, including currency accounts, in banks and other financial and credit institutions, concludes relevant agreements with them and carries out financial transactions;
- supervises the activities of separate divisions and their managers;
- carries out operational management of the Organization's property and funds;
- acts on behalf of the Organization without a power of attorney;
- appoints (dismisses) the Executive Director of the Organization, coordinates and controls his activities, delegates part of his powers to him;
- is responsible for preserving the seal, stamps, symbols and other attributes of the Organization;
- determines the amount of travel expenses for persons who are sent on a business trip to fulfill the Organization's statutory tasks;
- can carry out other activities within the limits of additional powers granted to him by the Meeting or the Management Board of the Organization;
- manages the current work of the Organization in accordance with the decisions of the Meetings, the Board and the Presidium of the Organization.
4.25. The Chairman of the Management Board of the Organization is accountable to the Meetings of the Organization and reports on his work every 5 years.
4.26. After the end of the term of office for which the Chairman of the Board was elected, he performs duties as acting Chairman, before the election of a new one.
4.27. Grounds for early termination of the powers of the Chairman of the Board of the Organization may be:
- his written statement;
- serious and long-term illness - non-fulfillment of duties for more than 4 months due to illness;
- death;
– causing significant property or non-property damage to the Organization by decisions, actions or inaction;
- decision of the Assembly.
4.28. During the absence of the Chairman of the Management Board of the Organization, his duties are performed by the First Deputy Chairman, in his absence - one of the Deputy Chairman of the Management Board of the Organization, who is appointed by the Chairman as acting Chairman.
4.29. The executive directorate is the executive body of the Organization, which is formed by the decision of the Board for the organizational, legal, informational, financial and economic support of the activities of the Organization and its governing bodies, and the organization of the implementation of their decisions.
4.30. The Executive Directorate is accountable and under the control of the Organization's Board and the Chairman of the Board.
4.31. Executive Directorate:
- ensures the activities of the Organization in accordance with its Charter;
- organizes the implementation of decisions of the Organization's governing bodies, as well as treaties, agreements and contracts concluded on behalf of the Organization;
- represents the Organization and its management bodies in state bodies, local self-government bodies, international organizations, enterprises, institutions, organizations;
- collects, systematizes and analyzes the proposals of the members of the Organization regarding ways of development of palliative care in Ukraine, protection of their rights and legitimate interests, submits elaborated proposals on these issues for consideration by the relevant authorities, informs the members of the Organization about the state of resolution of these issues;
- organizes and ensures the examination of drafts of normative legal acts sent to state authorities for approval, prepares and sends conclusions on these drafts to relevant authorities;
- monitors the implementation of decisions of the Organization's governing bodies by separate divisions;
- develops draft decisions of the Organization's governing bodies and prepares other materials for their consideration at Board Meetings and meetings;
- provides consultative, methodological and organizational assistance to members of the Organization in solving issues within the competence of the Organization;
- studies and disseminates the best experience in the organization of palliative care, organizes the exchange of work experience, conducts events, congresses, exhibitions, conferences, seminars, etc. on these issues;
- elaborates and prepares proposals for the Board to award employees in the field of palliative care with state and government awards and honors, sends petitions to relevant authorities and organizations;
- engages specialists on contractual terms to perform relevant work and provide services;
- ensures record keeping and storage of the Organization's documents;
- independently carries out organizational and financial and economic activities in full, uses accounts, seals, stamps and symbols of the Organization; the executive director has the right to sign financial documents and contracts of the Organization;
- prepares drafts of the Organization's annual estimate, ensures its implementation and prepares reports on financial and economic activity, provides organizational, financial and other support for activities carried out by the Organization;
- takes measures to strengthen the material and technical base of the Organization, manages enterprises, institutions and other legal entities, the founder of which is the Organization, provides services on behalf of the Organization in accordance with the Statute, within the limits defined by legislation;
- on behalf of the Organization performs the functions of the owner of funds and property of the Organization;
- organizes the monitoring of the activities of separate divisions and checks of their compliance with the Charter, financial discipline, record-keeping and reporting;
- according to the decisions of the Meeting and/or the Board, performs other functions and powers.
4.32. The executive directorate is headed by the executive director, who is a member of the Presidium and the Board.
4.33. The Executive Director is appointed and dismissed by the Chairman of the Board, performs his functional duties in accordance with the tasks of the Executive Directorate, defined by the Charter and the job description. A contract is concluded with the executive director.
4.34. Control over the financial and economic activities of the Organization is carried out by the Supervisory Board, which is elected by the Assembly of the Organization by a simple majority of votes for a period of 5 years and is accountable only to the Assembly. The composition of the Supervisory Board may be re-elected during the term of its powers. If, after the expiration of the term for which the Supervisory Board was elected, the Meeting does not, for any reason, make a decision on the election or re-election of its members, the powers of the members of the Supervisory Board are automatically extended until the decision on the election of a new member is made by the Meeting. One and the same person can be re-elected as a member of the Supervisory Board an unlimited number of times.
4.35. The composition of the Supervisory Board includes at least five members who elect the chairman and the secretary, and who are not part of the Organization's Management Board and are not in employment relations with the Organization regarding the performance of other functions.
Persons who have family relations with persons who are members of the Management Board or work in the Executive Directorate may not be nominated or elected to the Supervisory Board.
4.36. The powers of a member of the Supervisory Board are terminated early:
- in the event of circumstances that prevent the performance of the duties of the chairman or member of the Supervisory Board, as well as the occurrence of a conflict of interests, about which the member of the Supervisory Board is obliged to notify the Management Board within a month or immediately, if this may harm the interests of the Organization;
- upon written application;
- early re-election of members or members of the Supervisory Board.
4.37. Persons elected to the Supervisory Board do not have the right to:
- carry out actions contrary to the interests of the Organization;
- receive remuneration (directly or indirectly) from legal entities and/or individuals for influencing the adoption of a relevant decision by the Board, the Executive Directorate or for the use of confidential information of the Organization.
4.38. The Supervisory Board carries out its activities by holding meetings, which take place as necessary, but at least once a year. Meetings of the Supervisory Board are valid if more than half of its members are present. Decisions of the Supervisory Board are made by a simple majority of votes of its members present. At the meetings of the Supervisory Board, a protocol is kept, which is signed by the chairman and the secretary.
4.39. Chairman of the Board:
- organizes work, distributes duties among members of the Supervisory Board;
- convenes meetings of the Supervisory Board and presides over them, approves the agenda of the meetings, organizes the keeping of minutes of the meetings of the Supervisory Board and drawing up conclusions on reports on the economic and financial activities of the Organization;
- reports on the results of control over the financial and economic activities of the Organization to the Assembly and submits to them for approval conclusions regarding the reports on the economic and financial activities of the Organization.
The Chairman of the Supervisory Board has the right to participate in the meetings of the Management Board of the Organization with the right of an advisory vote.
4.40. The Secretary of the Supervisory Board is responsible for information, technical and protocol support of the Supervisory Board's activities.
4.41. Members of the Supervisory Board are obliged to personally participate in the meetings of the Supervisory Board, Meetings, during inspections conducted by the Supervisory Board, and cannot transfer their powers to another member of the Supervisory Board or a third person. Members of the Supervisory Board are obliged to comply with the Privacy Policy, which is approved by the Board.
4.42. Supervisory Board:
- has the right to demand from the Management Board, the Presidium, the Chairman of the Management Board, the Executive Director, other officials and employees of the Organization to provide the necessary accounting and other documents, written and oral explanations related to the activities of the Organization;
- makes proposals regarding financial activities and use of the Organization's assets;
- checks the correctness of accounting and reporting;
- draws up conclusions on reports on the economic and financial activities of the Organization and submits them for approval to the Meeting;
- provides recommendations for eliminating identified deficiencies and violations;
- conducts periodic and special audits of financial activities and use of the Organization's assets;
- has the right to request from the Management Board and the Executive Directorate of the organization the involvement of independent experts, professionals, auditors for inspections;
- has the right to demand the convening of extraordinary Meetings of the Organization in the event of a threat to its interests, or detection of abuses by the Organization's officials;
- implements the decisions and instructions of the Organization's Meetings and reports on their implementation.
4.43. Inspection of the Organization is carried out by the Supervisory Board at least once a year, based on the results of the financial and economic activity of the Organization for the year. The term of the inspection should not exceed 10 working days.
Based on the results of the inspection of the Organization, the Supervisory Board draws up a conclusion, which must contain:
– confirmation of the reliability of the Organization's financial reporting data for the relevant period;
- information on the facts of violations of regulatory and legal acts of Ukraine during the conduct of financial and economic activities, as well as the established procedure for keeping accounting records and providing reports (if found);
- information on other facts discovered during the inspection.
The conclusion drawn up by the Supervisory Board is signed by all members of the Supervisory Board who participated in the inspection. A member of the Supervisory Board who disagrees with certain provisions of the Supervisory Board's conclusion must, within a day from the date of drawing up the conclusion, state his comments in writing and submit them to the Chairman (Secretary) of the Supervisory Board. Remarks, expressed in writing, are a constituent and integral part of the conclusion of the Supervisory Board. Dissemination of the conclusion should be carried out only together with comments to it.
Conclusions on the results of inspections must be provided by the Supervisory Board to the Chairman of the Management Board within 3 days from the moment of their signing, but no later than 7 days before the date of the Meeting.
4.44. Persons who are members of the Supervisory Board are compensated for expenses related to the performance of their functions, including those related to business trips (per diem for the time spent on a business trip, the cost of travel to the destination and back, expenses for renting accommodation premises) in the order and sizes determined by the estimate.
V. The reporting procedure of the management bodies of the Organization to its members.
5.1. The organization operates on the principles of transparency, openness and publicity.
5.2. Members of the Organization have free access on the Organization's official website to information about its activities, including the decisions made (in accordance with the Organization's Privacy Policy) and the activities carried out. It is the duty of the Organization and its governing bodies to ensure such access by publishing reports, information, etc. within 30 days after the events.
5.3. The governing bodies of the Organization (the Management Board, the Supervisory Board) periodically report to the members of the Organization at the Meetings on issues related to the implementation of the powers entrusted to them and the performance of statutory tasks.
5.4. The executive directorate of the Organization provides answers in writing or by e-mail to the requests of the Organization's members regarding the activities of the Organization and the implementation of statutory tasks within a 30-day period.
VI. Separate subdivisions of the Organization
6.1. The basis of the Organization is made up of separate subdivisions, which are formed by the decision of the Board, according to the territorial principle - regional organizations, the republican organization in the Autonomous Republic of Crimea, organizations in the cities of Kyiv and Sevastopol. The organization confirms its all-Ukrainian status in accordance with the law.
6.2. Separate units of the public association are not legal entities and operate in accordance with the Statute.
6.3. Separate subdivisions represent the interests of the Organization, are guided in their activities by the Organization's Charter and the legislation of Ukraine.
6.4. The activities of the separate unit are based on the following basic principles:
- compliance with the procedure for reporting, periodicity of election and re-election of management bodies established by the Organization's Charter, decisions of the Meetings, the Management Board of the Organization;
- implementation of the decisions of the Organization's governing bodies by a separate unit.
6.5. The highest governing body of a separate unit is the assembly of members of the separate unit (hereinafter referred to as the ZVP).
All members of the separate unit participate in the work of the ZVP. ZVP is convened by the head of the separate unit at least once every 6 months by means of an address or another procedure approved by the ZVP for informing the members of the separate unit. The members of the separate unit are notified of the convening and agenda of the General Assembly no later than 5 days before their meeting.
Extraordinary General Meetings are convened at the initiative of the head of the separate unit, at the request of 1/3 of the number of members of the separate unit or at the request of the Chairman of the Organization's Management Board.
ZVP are considered valid if at least 1/2 of the number of members of the separate unit participate in them.
All decisions at the ZVP are made by open voting and are considered adopted if more than half of those present at the ZVP voted for them.
6.6. The competence of the ZVP includes:
- determination and approval of the directions of activity of the separate subdivision, based on the directions of the Organization's activities;
– election of the head of the separate unit;
- listening to the reports of the head of the separate unit;
– election of deputy heads of the separate unit;
- adoption of programs and projects of a separate unit.
6.7. Management of a separate unit is carried out by the chairman, who acts on the basis of the Organization's Charter and a power of attorney issued by the Chairman of the Board.
6.8. The head of the separate division is elected by the ZVP for a term of five years and approved by the Management Board of the Organization. The Board's refusal to approve the head of a separate unit must be motivated.
In case of reasoned refusal of the Management Board to approve the candidacy of the head of the separate unit, the previous chairman (or the head of the Organization's Management Board) convenes an extraordinary meeting of the separate unit, at which another candidate is elected for the position of head of the separate unit.
6.9. Powers of the head of the separate unit:
- ex officio member of the Management Board of the Organization;
- heads a separate unit, convenes a general meeting, presides over a general meeting;
- plans and organizes the work of a separate unit;
- represents a separate unit in relations with state authorities, local, state, public and other institutions, enterprises and organizations;
- signs organizational documents related to its activities (activity plans, projects, reports, etc.) and, in accordance with the power of attorney, financial documents on behalf of the separate unit;
- provides general management of the activities of the separate unit;
- has the right to convene extraordinary general meetings;
- performs other functions necessary for effective management of the activities of the separate unit, in accordance with the Laws of Ukraine, the Organization's Charter and the power of attorney.
6.10. The head of a separate unit may be removed from office by decision of the Organization's Board in case of failure to fulfill his duties, behavior that may negatively affect or affects the image and reputation of the Organization.
6.11. The head of a separate unit submits candidacies for the positions of deputy heads to the ZVP, which are approved by the ZVP by a simple majority of votes. There can be two to five deputy heads of a separate unit, each of whom is responsible for a specific area of activity of the separate unit and is elected for a term of 5 years.
Deputy heads are elected from the following areas of activity:
1) activities in the social sphere;
2) medical activity;
3) financial development activities;
4) educational activities;
5) advocacy activities.
6.12. The deputy head of a separate unit may be removed from his position by a decision of the ZVP or by a decision of the Organization's Board in case of failure to fulfill his duties, behavior that may negatively affect or affects the image and reputation of the Organization.
6.13. The chairman, deputy chairman and secretary of the separate subdivision make up the Council of the detached subdivision, which is an auxiliary body of the chairman of the detached subdivision and makes decisions regarding membership in the Organization. The regulations of the Council of the separate unit are approved by the head of the separate unit.
6.14. The secretary of the separate unit is elected by the ZVP for a term of five years.
Secretary of the separate unit:
- organizes and controls the administration of a separate unit;
- has the right to bring any issue related to the activities of the separate unit to the discussion of the ZVP;
- solves other issues of organization of the current activities of the separate unit in accordance with the division of duties.
6.15. In the structure of a separate subdivision, city and district units (hereinafter referred to as units) may be formed. Members of cells are members of a separate division of the Organization. The branch is headed by the chairman, who is elected by the branch members for a term of 5 years. If the number of members of the cell is less than or equal to 10 people, one deputy chairman may be elected by the members of the cell. If the number of members of the cell exceeds 10 people, from 2 to 5 vice-chairmen may be elected as members of the cell according to the directions indicated in clause 6.11 of the Statute.
6.16. The management structure of the cell includes the meeting of the cell, the head of the cell, deputy heads, and the secretary of the cell. The procedure for organizing the work of this management structure corresponds to clauses 6.8-6.12, 6.14, 6.20 of the Statute, taking into account the level of subordination, i.e. the functions of the Board and the Chairman of the Board of the Organization, provided for in the specified clauses, are performed by the Council of the separate subdivision and the Chairman of the separate subdivision at the level of units.
6.17. Separate units cooperate with public organizations, institutions, institutions of various forms of ownership within the limits of their own tasks and functions.
6.18. Separate subdivisions use the symbols, paraphernalia, seals, stamps, forms, etc. of the Organization in the order approved by the Board.
6.19. The tasks of the separate unit are:
- to contribute to the fulfillment of the Organization's statutory tasks in the relevant region, the Republic of Crimea, the cities of Kyiv and Sevastopol;
- participate in the improvement of existing forms of interaction and dialogue of public organizations with state authorities at the regional (local) level and local self-government bodies;
- in agreement with local authorities and health care institutions, provide psychological assistance to terminally ill patients, as well as psychological, spiritual and social support for relatives of patients during the period of illness and loss of a loved one;
- to participate in conducting inspections by specially authorized state management bodies in the field of health care regarding the provision of medical assistance to patients in the manner established by legislation;
- carry out explanatory work among the population regarding the relevance of the development of palliative and hospice care, medical and social rehabilitation, prolongation of life expectancy;
- unite medical workers, social workers, psychologists, lawyers, representatives of the clergy and other citizens who participate in the development of palliative and hospice care, medical and social rehabilitation at the appropriate regional level;
- to make proposals for improving medical care for patients both to local authorities and to the Board of the Organization;
- disseminate information about the activities of the separate unit and the Organization;
- conduct mass events (public, educational, etc.) in accordance with the procedure established by law;
- to contribute to the implementation by the Organization of public control over compliance with legislation aimed at health protection, social protection of the population;
- to apply to local self-government bodies and state authorities in order to obtain information necessary for the implementation of the Organization's goals and objectives, to carry out other measures that do not contradict the legislation of Ukraine and the Organization's Charter, aimed at the implementation of its objectives.
6.20. Termination of a separate unit is carried out by decision of the Management Board of the Organization in the following cases:
- lack of active participation of the separate unit in the statutory activities of the Organization within 6 months;
- systematic non-fulfillment of the Organization's Charter, decisions of the Organization's governing bodies within 1 year.
The procedure for termination of a separate subdivision is determined by the Board in each specific case in accordance with the requirements of the law.
6.21. Separate subdivisions are empowered to manage the Organization's property in accordance with the provisions of Chapter VII of the Charter.
VII . Sources of income and procedure for using funds and other property of the Organization.
7.1. In order to fulfill its statutory purpose (goals), the organization has the right to own, use and dispose of funds and other property acquired in accordance with the procedure established by law, including as a result of the entrepreneurial activity of the Organization, the entrepreneurial activity of legal entities created by it (companies, enterprises, etc.), as well as property purchased at the expense of own funds, temporarily provided for use (except for disposal) or on other grounds not prohibited by law.
7.2. The right of ownership of the Organization is exercised by the Assembly as the highest governing body in accordance with the procedure provided for by law and the Organization's Charter (clause 4.7).
7.3. Functions related to the management of the Organization's property are entrusted to the Board, the Chairman of the Board and the Executive Directorate, separate units of the Organization to ensure the financial and economic activities of the Organization. Certain functions of property management may be assigned by decision of the Meeting to legal entities created in accordance with the Charter (companies, enterprises, etc.).
7.4. The property and funds of the Organization are used for statutory activities in accordance with the legislation of Ukraine, taking into account the restrictions on public organizations with the status of non-profit, determined by the legislation.
7.5. The organization can carry out any transactions that do not contradict the Statute and legislation of Ukraine with respect to the property and funds that are in its possession.
7.6. The sources of formation of funds of the Organization can be:
- funds and property received free of charge, non-refundable financial assistance, voluntary donations of members of the Organization, other persons;
– passive income;
- financial support, grants or subsidies from state or local budgets, as well as from state special funds;
– charitable, humanitarian and technical assistance, including international;
– membership fees, income from the main activities of the Organization in accordance with the Statute and legislation.
7.7. The organization and its separate subdivisions, enterprises, organizations and institutions created by it keep operational and accounting records, as well as submit statistical, financial and other reports in the order and volumes established by law.
7.8. The Organization may have ownership rights, other property rights to movable and immovable property, funds in national and foreign currencies, securities, intangible assets and other property that is not prohibited by law and contributes to the statutory activities of the Organization.
7.9. The organization has the right to perform transactions that do not contradict the legislation and the Charter with respect to the property and property rights that are in its ownership, or on other property rights. Funds and property of the Organization are used for the implementation of statutory tasks, remuneration and social activities for the employees of the Organization.
7.10. The Organization has no right to provide loans or credits to members of the Organization's governing bodies. Meetings have the right to determine other cases of conflict of interests regarding the use of the Organization's assets.
7.11. For the separate units, in accordance with the procedure established by law, the funds and property received by the separate unit in the course of economic activity, as well as 70 percent of the amount of membership fees paid by the members of the separate unit (introductory and periodical), are assigned to the right of operational management. 30 percent of the amount of membership fees paid by the members of the separate subdivision (introductory and periodic) are transferred to the Organization to ensure the performance of administrative and statutory tasks and functions.
7.12. The Board approves regulations on the organization of accounting and reporting in the Organization and its separate units.
7.13. The executive directorate carries out operational control (including by organizing inspections) over the use and preservation of operational management of property established by law in separate subdivisions, according to the decision of the Board, it has the right to seize surplus property, property that is not used or is not used for its intended purpose from a separate subdivision .
7.14. Separate subdivisions, in accordance with the power of attorney issued to the head of the separate subdivision, have the right to conclude contracts, open bank accounts, carry out banking, economic and financial transactions, hire employees in accordance with the procedure established by law (a complete list of the rights and powers of the head of the detached subdivision regarding the implementation of financial and economic activities determined in the power of attorney).
VIII. The procedure for appealing decisions, actions, inaction of the Organization's governing bodies and considering complaints.
8.1. Decisions, actions, inaction of the management bodies of the Organization, separate subdivisions may be appealed by any members of the Organization within a two-week period from the moment of their occurrence.
8.2. In order to appeal the decision, action, or inaction of the Organization's management bodies, a written application is submitted to the Supervisory Board outlining the circumstances that led to the appeal. The application is considered by the Supervisory Board within 30 days. If consideration of the application requires the implementation of additional actions or receipt of documents, the deadline for consideration of the application may be extended taking into account the time required for implementation of such actions or receipt of documents.
8.3. The review of the application is carried out collegially by the Supervisory Board. The applicant is notified of the decision in writing.
8.4. The executive directorate organizes record keeping to ensure consideration of complaints by the Supervisory Board.
IX. The procedure for making changes to the Statute.
9.1. Making changes to the Statute, approving its new edition is the competence of the Meeting of the Organization.
9.2. The decision to amend the Statute, approve its new version, is considered adopted if 2/3 of the Assembly delegates voted for it.
9.3. The decision is drawn up in a protocol in accordance with the procedure established by law.
9.4. When making changes to the Charter, the Organization shall notify the authorized registration body within the time limits provided by law.
X. The procedure for making a decision on self-dissolution or reorganization of the Organization, as well as on the use of its funds and other property that remained after the dissolution.
10.1. The decision on self-dissolution or reorganization of the Organization is adopted by the Assembly, if 2/3 of the Assembly's delegates voted for such a decision.
10.2. Meetings that have decided on self-dissolution or reorganization create a liquidation commission to carry out the termination of the Organization as a legal entity, and also make decisions on the use of funds and property of the Organization after its liquidation, in accordance with the Charter. The liquidation commission creates a liquidation balance sheet and presents it to the Assembly for approval.
10.3. In the case of self-dissolution of the Organization, its property and funds, after meeting the demands of creditors, are transferred by decision of the Organization for statutory or charitable purposes to other (several other) Organizations of the same status, and in case of rejection of such a decision, they are credited to the state or local budget in accordance with the law.
10.4. From the date of entry into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of the entry of the Organization's decision on self-dissolution, the termination of the Organization as a legal entity begins and the liquidation commission acquires its powers. From the date of entry into the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations, a record of the Organization's decision on self-dissolution as
the decision cannot be canceled by the Organization.
10.5. The reorganization of the Organization is carried out in accordance with the procedure established by the Economic Code of Ukraine. In case of reorganization of the Organization, its property, assets and liabilities are transferred to the legal successor.
10.6. An organization is one that has ceased its activity from the date of entry into the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations.
10.7. The organization can be banned by the court. Prohibition of the Organization has the consequence of termination of its activities. In the event of a decision to ban the Organization, the property, funds and other assets are directed to the state budget by court decision.
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