by the Foundation Congress
20th of May, 1991.
Amendments and additions
approved by the Second
Congress 20-25th of June,1993.
The new version of the Charter
approved by the Third Congress
24-26th of July, 1996.
Amendments and additions
approved by the Fourth
Congress 25-27th of June, 1998.
Amendments and additions
approved by the Fifth Congress
28-29th of July, 2000.
of the non-governmental association of public organizations
«INTERNATIONAL CIRCASSIAN ASSOCIATION»
ÄÓÍÅÉ ÀÄÛÃÝ-ÀÁÀÇÀ ÕÀÑÝ
Óñòàâ ñîþçà îáùåñòâåííûõ îáúåäèíåíèé
«ÌÅÆÄÓÍÀÐÎÄÍÀß ×ÅÐÊÅÑÑÊÀß ÀÑÑÎÖÈÀÖÈß»
1. GENERAL REGULATIONS
1.1. Association of public organizations «International Circassian Association» (hereinafter -ICA) is a union of non-governmental public associations - legal entities, formed and registered according to the Law.
1.2. ICA acts on the territories of Russian Federation & other countries, where public organizations-members of ICA are in existence or where branches of ICA and its representations are acting.
1.3. ICA activities are based on the Constitution and Law of the Russian Federation and its subjects, on legislature of other countries, on the territories of which ICA has its member associations, branches, affiliations and representations in accordance with those norms of International Law, International Agreements and Conventions, which concern ICA activities and the regulations of this Charter.
1.4. ICA acts on the principles of self-governing, voluntary participation and equality of its member-organizations, on publicity and legality of all activities. ICA strives to achieve peace, freedom and justice, against violence and discrimination.
1.5. ICA is a legal entity from the moment of Governmental registration. It has an independent balance, main and circulating capital, has the ownership rights and personal non-proprietorship rights, may have obligations, be a plaintiff or defendant in the Court of Law, Arbitrary Court or Court of Justice. ICA can open bank accounts, has a Seal and Stamp with the ICA logo, emblem and other requisites. ICA symbols have to be registered by the State as is legal according to Law of Russian Federation.
1.6. ICA is responsible for all its obligations by all its property which may be requisitioned for the recovery of damages.
1.7. The government and the state with their bodies are not responsible for ICA obligations, as well as ICA is not responsible for the state and government obligations.
1.8. The members of ICA have subsidiary responsibility on the obligations of ICA in the margins of the annual membership fee, set by the decision of the ICA Executive Committee.
1.9. Russian, Circassian and English are official languages of ICA.
1.10. Short title of ICA:
in Circassian - Äóíåé Àäûãý-Àáàçà Õàñý
in Russian- Ìåæäóíàðîäíàÿ ×åðêåññêàÿ Àññîöèàöèÿ
in English- International Circassian Association.
1.11. Permanent residence of the headquarters of the ICA Executive Committee is the city of Nalchik, Kabardin-Balkar Republic, Russian Federation.
2. THE AIMS AND THE TASKS OF ICA
2.1. The aims of the ICA are as follows:
- consolidation of efforts and coordination of activities of the Circassian public societies - members of ICA which assist the rebirth and development of the cultural and spiritual heritage of the Circassian people, preservation of its national distinction, reconstruction of true history of the Circassians;
- assistance in solving economic, social, cultural problems facing Circassian nation;
- assistance in creation of conditions favorable for unification of the Circassians and furthering connections of the Circassian diaspora with the historic homeland;
- representation in the courts of law, assistance in defense of economic, social, and other rights of ICA members;
- assistance in enforcement of peace, friendship and consent between nations, prevention of social, national and other conflicts.
2.2. ICA serves to fulfill following tasks:
- ICA organizes and conducts scientific research projects on economics, law, history, culture, education, demography, and other problems, relating to development of the Circassian nation;
- assists spiritual and cultural development of Circassians;
- assists in learning of mother-tongue, in creation of uniform Circassian literary language;
- assists in return of Circassian cultural and historic valuables to the historic homeland;
- assists in collection of manuscripts, dedicated to Circassians with the aim to create a special ICA library;
- assists in reestablishment of family ties, furthering of contacts between Circassians living in different countries of the world, especially between teenagers and youngsters;
- assists those Circassians who wish to return to the historic homeland in accordance with the statutory procedures.
3. ICA LEGAL POSITION AND ITS ACTIVITIES
3.1. To serve the aims and tasks of this Charter, ICA as a legal entity and in accordance with the legislature of countries of residence has the right to engage in the following activities:
· to participate in the decision-making of governmental institutions and local administrations in all problems adherent to ICA tasks and aims as is prescribed by the present legislation system;
· to initiate activities, concerning the problems stated in this Charter; to make proposals on them to the government bodies and local administration;
· to expedite public scrutiny of projects and programs connected with ICA activities;
· to establish business contacts, to cooperate in the fields of diplomacy, new technologies, economy, finance and enterprise, culture, arts, publishing, ecology with all legal and physical entities, including foreign and international ones;
· to participate in the implementation of international, national and regional programs concerning ICA;
· to organize and conduct congresses, symposia, conferences, and meetings on all levels, according to the activities, described in this Charter;
· to develop, approve and implement programs of ICA own activity.; to set the priority and the volume of expenditure of ICA funds;
· to grant ICA awards, prizes, scholarships and grants, other encouragement for special merits in achievement of ICA aims and tasks.
· to compile a database on ICA fields of interest, to share information;
· to present member organizations and defend their interests on their request in the governmental bodies, local administrations, and public organizations;
· to send delegations abroad and to receive in Russia foreign delegations and private persons whose activities lie in the ICA field of interest;
· to found organizations, branches and affiliations, to open representations of ICA in Russia and abroad;
· to create within ICA different sections, clubs, councils, committees and commissions in the main lines of ICA activity;
· to establish as a founder non-commercial organizations, including public associations; to enter other associations and unions, to participate in the activities of organizations with similar or close interests declared in their Charters;
· to engage in attraction of resources and conduct non-market operations;
· to own, use and command property, belonging to ICA on the lawful basis;
· to commit deals, conclude agreements, contracts;
· to form temporary and constant teams of specialists with payment on the contract basis;
· to define independently the organizational structure of ICA, to employ the ICA personnel, to define the scale and forms of their payment, forms of encouragement of staff or invited labor;
· to engage in enterprise activity, conduct foreign economic operations only in such degree, as corresponds to the aims and tasks, declared by this Charter;
· to found business cooperative societies;
· to organize and conduct festivals, sporting events, exhibitions, fairs, lotteries, auctions and other events in accordance with the ICA aims and tasks;
· to propagate freely information on ICA activities;
· to found mass-media institutions, to engage in publishing and advertisement of ICA materials;
· to engage in educational, scientific, lecture activities and propagation of knowledge;
· to engage in other types of activity within the acting legislation and in accordance with this Charter.
3.2. Obligations of ICA:
· to act according to the Laws of Russian Federation and those countries, where the ICA is active; to observe common principles of International Law concerning ICA activity and regulations of this Charter and other foundation documents;
· to publish annual reports on ICA property movements or to make free access to the above mentioned report;
· to inform the government office registering public associations about continuation of ICA activity with notification as to the present address of the permanent ICA controlling body, its present name and information on the high officials of ICA as required by the Unified State Registry of Legal Entities;
· to inform annually the Federal agency of state registration about the scope of derivable funds and other property by public association from international and foreign organizations, foreign citizenry and persons without citizenship, about the aims of their spending and use and about their factual employment or spending;
· to inform annually the Federal Bodies of State Registration about the volume of the cash resources and other properties receiving by public associations from international and foreign organizations, foreign citizens and persons without citezenship, about the aims of its spending and use, and about its actual employment and spending.
· to present to the government office registering public associations the decisions of the ICA controlling bodies and high officials alongside with the annual and quarterly reports on the ICA activities as required by Tax Offices;
· to insure free access of the representative of the public associations registering body to all ICA activities;
· to assist the representatives of the public associations registering body in familiarization with the ICA activity to reach the aims and tasks denoted in this Charter and its correspondence to legislation of Russian Federation;
· to fulfill other obligations as required by the present legislation.
4. ICA MEMBERSIP.
THE RIGHTS AND OBLIGATIONS OF ICA MEMBERS.
4.1. The ICA membership is voluntary.
4.2. Circassian (Adyghe, Abaza, Abkhazian) public associations - legal entities, including foreign non-governmental unions acknowledging the Charter of ICA and approving its aims and tasks may be the members of ICA;
4.3. Public associations - legal entities, wishing to join ICA present to ICA Executive Committee the decision of their controlling body to seek membership appending their Registration Certificate and Charter, endorsed as required by the law.
4.4. The decision on membership of public association in ICA is made by ICA Congress. The decision is taken by the simple majority of votes of delegates, present at the Congress. ICA Executive Committee prepares recommendations on the acceptance of a legal public association as a member of ICA.
4.5. The members of ICA pay entrance and membership fees, the form, amount and ways of payment of which are defined by the ICA Congress. The amount is defined in a foreign currency.
4.6. Public associations - members of ICA - exercise their rights through their appointed representatives.
4.7. All members of ICA have equal rights and equal obligations.
4.8. Members of ICA have the right:
· to freely participate in all types of ICA activities;
· to elect or be elected to the elected bodies of ICA;
· to participate in definition of the main directions of ICA activity and ICA programs;
· to make proposals to the ICA Executive Committee or to other ICA bodies, to present complaints and pleas;
· to recommend new members to ICA;
· to receive necessary information from the ICA databases;
· to publish materials in the ICA publications;
· to use the property and funds of ICA in the way set by regulations;
· to address to the controlling bodies of ICA for consultations, finance, organizational or other assistance;
· to quit the membership in ICA (in this case the member carries subsidiary responsibility for ICA obligations during one year after the termination of membership in amounts, equal to the sum of annual membership fee, set by decision of the ICA Congress);
· to enjoy the defense of its rights by ICA, to request ICA to represent member’s interests in government bodies and local administrations, in courts of law, in public associations, in any relations with public institutions or private persons, home or foreign.
4.9. The members of ICA are obliged:
· to respect the present legislation, the regulations of this Charter and the decisions of ICA controlling bodies;
· to participate in the ICA activities;
· to propagate information on the achievements and practical results of ICA;
· to develop international cooperation, to espouse preservation of world peace, mutual understanding and friendship among nations;
· to pay entrance and annual fees;
· to increase financial and material resources of ICA as possible, in order to enlarge the scale and scope of ICA activity.
4.10. The termination of membership in ICA for any legal entity - public association is voluntary, based on the decision of its controlling body, presented to the ICA Executive Committee. Neither decision of ICA Executive Committee or that of the Congress is necessary.
4.11. For the deprivation of state registration, violation of the regulations of this Charter, failure to pay membership fees, damage by the activities contrary to the ICA aims and tasks may lead to the termination of membership. This action may be undertaken by the ICA Congress by 2/3rd votes of the delegates, present at the Congress. The decision of the ICA Congress on this question is final.
5.CONTROLLING BODIES OF ICA AND THEIR COMPETENCE
5.1. The highest governing body of ICA is the ICA Congress, convened by the ICA Executive Committee as necessary, but not more seldom than once in three years.
The delagates of ICA:
· Delagates, selected by the public organizations – members of ICA during the general meeting (congress, conference) according to the quota, determined (established) by the ICA Congress;
· Members of ICA Executive Committee;
· Members of ICA Audit Committee.
Extraordinary Congress may be convened by the decision of the ICA Council, ICA Executive Committee, President, ICA Audit Commission, or by the demand of 1/4th of ICA members.
The norms of representation, procedure and date of convocation of the next Congress are defined by the Congress. This decision to convene the next Congress, the date of convocation and the agenda are presented to the members of ICA by the Executive Committee of ICA not less than one month prior to the date of convocation.
5.2.The ICA Congress is plenipotentiary if 2/3rd of the elected delegates are present.
The decisions are taken by simple majority of those delegates present by open voting or balloting as the Congress decides, if it does not contradict other regulations of this Charter.
Decisions to approve ICA Charter, to make amendments or additions to this Charter, on reorganization or liquidation of ICA, or membership in ICA are adopted by 2/3rd of the votes of the delegates present at the Congress.
The representatives of the Government controlling organizations, local administration, other cultural, educational, research, business or other institutions may be present in the Congress as observers.
5.3. Congress makes decisions on all the problems of ICA activity.
Actions in ICA Congress exclusive competence:
· definition of the main directions of ICA activity, approval of long-term programs and projects;
· approval of ICA Charter, amendments and additions to the Charter, proposed by the President of ICA, ICA Council, Executive Committee, 1/5th of the Congress delegates, with consequent registration of them in customary procedure;
· election of the President of ICA, First Vice - President, Vice- Presidents;
· election of Executive Committee, scrutiny and approval of its reports;
· approval of the Council Regulations;
· election of the ICA Audit Commission, scrutiny and approval of its reports;
· acceptance of new members and termination of ICA membership;
· setting representation quotes, date and place of the next Congress;
· setting of the size, timing and order of payment of ICA entrance and membership fees;
· decisions to reorganize or liquidate ICA;
5.4. Decision of the ICA Congress is recorded in the protocol and is signed by the Congress Chairman and Secretary;
5.5. ICA Controlling bodies between the Congresses are ICA Executive Committee and ICA Council, elected by the Congress for the term of 3 years.
5.6.The candidates for the Executive Committee members including all ICA Vice- Presidents, are proposed to the Congress by the President of ICA after preliminary consultation with the heads of the delegations to the Congress.
The Executive Committee consists of the ICA President, First Vice- President, Vice- Presidents and Executive Committee members 15 in number, elected by the Congress.
To the members of Executive Committee under the separate list is selected the reserve in quantity of 7 person. Substitution of the left member of Executive Committee occurs according to the first under the reserve list automatically.
5.7.ICA Executive Committee is a permanently acting body, which exercise the legal functions of ICA and implementing all ICA duties according to this Charter.
5.8. ICA Executive Committee meetings are convened as necessary, but not more seldom than once in two months.
The meeting of the Executive Committee is authorized if more than half of its members are present. The decisions are taken by the simple majority of the votes of the members present at the meeting. Voting is by rising hands, if other procedure is not specified by this Charter.
5.9. The ICA Executive Committee:
· convenes the ICA Congresses, defines the agenda of the next Congress, prepares the problems to be discussed by the ICA Congress;
· develops and approves the short-term projects and programs of ICA, develops the long-term programs and projects;
· organizes the work to achieve the Charter aims and tasks of ICA, to implement ICA programs and projects, decisions of ICA Congress;
· formulates the amendments and additions to the ICA Charter and presents them to the ICA Congress for approval;
· represents the interests of ICA in Russian and foreign government bodies and local administrations, in international, national and regional public associations, in dealings with different legal entities and private persons;
· coordinates the ICA members activities and operation of ICA structures;
· plans and implements the international contacts of ICA;
· is the main manager of ICA credits, property and monetary funds;
· approves the annual finance plan, report and balance;
· creates commissions, committees, councils for ICA activities, approves their Regulations, organizes their work, scrutinizes and approves their annual reports;
· organizes and conducts conferences, seminars, meetings, exhibitions and other events of different scale;
· nominates ICA medals, grants, other encouragement for special merits in realization of ICA aims and tasks;
· establishes branches, representations of ICA, approves their Regulations, appoints their head officers, defines the scale and forms of their payment, scrutinizes and approves their annual reports;
· approves the structure and financing of ICA staff;
· reports to the ICA Congress on the work performed;
· performs other duties, not inherent to the ICA Congress exclusively;
5.10. ICA President is elected by the ICA Congress for the term of 3 years and may be re-elected repeatedly;
5.11. ICA President is:
· directs all ICA activity, organizes the work to implement the decisions of ICA Congress and ICA Executive Committee, to fulfill all ICA programs and projects;
· heads and organizes the work of ICA Executive Committee, conducts its meetings, distributes duties among ICA Executive Committee members;
· reports to ICA Executive Committee on his work;
· presides at the ICA Congress;
· represents ICA in relations with governmental bodies, local administrations, Russian and foreign legal entities and private persons; in doing so he does not need warrant or powers of Attorney;
· concludes Agreements, contracts, conducts talks, makes deals, confers Powers of Attorney on behalf of ICA;
· opens bank accounts, has the right of the first signature in finance documents of ICA;
· commands property and funds of ICA within the limits, defined by Executive Committee;
· signs ICA Executive Committee decisions, directory documents of ICA;
· proposes items for the ICA Congress agenda;
· employs and dismisses the ICA staff members, sets their salaries, approves the rules of the daily routine and staff duties;
· brings suits and claims on behalf of ICA versus legal entities and private persons;
· performs other duties not specific to the other ICA bodies;
5.12. The first Vice - President of ICA is elected by ICA Congress for the term of 3 years and may be re-elected repeatedly.
5.13. The first Vice- Presidents of ICA:
· on behalf of the President carries out functions of the President during his absence;
· represents ICA in relations with legal persons and citizens, including foreign ones without the power of attorney;
· perform separate missions entrusted to them by the ICA Executive Committee and the ICA President;
· perform other duties, not specified to the other ICA bodies.
5.14. Vice - Presidents of ICA are elected by ICA Congress for the term of 3 years and may be re-elected repeatedly.
5.15. Vice - Presidents of ICA:
· control one or several directions of ICA activities according to the decision of ICA President;
· perform separate missions entrusted to them by the ICA Executive Committee and the ICA President;
· perform other duties, not specified to the other ICA bodies.
5.16. All ICA staff members are subject to the legislation of Russian Federation on labor, social security and pensions.
6. ICA COUNCIL
6.1. Composition of ICA Council as to the number and personalities is declared by the ICA Congress for the term of 3 years. All members of ICA Executive Committee as well as the leaders of the public associations- members of ICA are members of the ICA Council.
6.2. ICA Council defines and makes decisions on important problems of Association activities.
6.3. ICA Council convenes for meetings as necessary, but not more seldom than once a year.
6.4. The competence and modus operandi of the Council are defined in the «ICA Council Regulations», approved by the ICA Congress.
7. ICA AUDIT COMMISSION
7.1. Audit Commission is the controlling body of ICA 3 persons in number and is accountable to the ICA Congress.
Members and the Chairman of Audit Commission are elected by the ICA Congress and act till the next Congress.
7.2. Members of ICA Executive Committee and the ICA staff members are not eligible to the Audit Commission. The members of the Audit Commission have the right to demand from the ICA officials any documents, relating to the Charter activities, financial and business activities of ICA.
7.3. Audit Commission of ICA controls proper legal procedures and fulfillment of the present Charter regulations in all ICA activity. Commission makes annual planned auditing of financial, business enterprise activity of ICA Executive Committee and ICA funds, representations, branches and ICA enterprises. The results of this auditing are included in the Auditing Acts, presented to ICA Executive Committee and to the founders of ICA. Special auditing inspections may be made besides planned, if commissioned by the ICA President, ICA Executive Committee, or by 1/5th of the ICA members.
7.4. Audit Commission Chairman takes participates in the meetings of ICA Executive Committee and the Council with the right of consultative vote.
7.5. Audit Commission may invite independent auditing services to participate in the audits with the consent of ICA Executive Committee.
8. ICA STRUCTURE
8.1. ICA is composed of public associations - legal entities, ICA brunches and representations. The branches and representations may be founded in Russia or abroad.
8.2. ICA branch is a separate ICA unit, performing all ICA functions or a part of them, including functions of representation.
8.3. ICA representation is a separate unit of ICA, located beyond ICA location, representing and defending interests of ICA.
8.4. The heads of the ICA branches and ICA representations are appointed by the decision of ICA Executive Committee.
8.5. The ICA branches and ICA representations are not legal entities and are provided by the property of ICA. The property of branches and representations is listed on their special balance accounts and on the balance accounts of ICA.
8.6. Representations and branches of ICA perform their due actions on behalf of ICA. ICA is responsible for the activities of ICA branches and representations.
9. ICA PROPERY SOURCES,
MANAGEMENT OF PROPERTY, ICA BUSINESS ENTERPRISE.
9.1. ICA funds and property is formed from:
· entrance fees;
· voluntary donations, presents, charity of legal entities and private persons (including foreign ones);
· sums formed by the ICA activities;
· income from ICA business enterprise, import-export operations, informational, educational, lecture, scientific and other statutory services;
· part of the income from independent legal entities- business firms and cooperatives founded by ICA;
· income from civic deals;
· other legal entries.
9.2. ICA may own land plots, buildings, structures, living quarters, equipment, cultural and educational equipment and instruments, monetary funds, stock shares and other valuables, real estate and chattels to insure the fulfillment of tasks and aims listed in ICA Charter. For that purpose ICA may create, acquire and own intellectual property, offices, publishing houses and means of mass media.
9.3. ICA is the owner of all property in its statutory possession. Each ICA member does not have any proprietary rights on that part of property, which belongs to ICA. The legal entities- members of ICA are the owners of their statutory property. Branches and Representations are not independent legal entities and therefore they control and use the property allotted to them by the owner-ICA.
9.4. ICA may deal in any statutory way with the property belonging to ICA not contradicting the regulations of this Charter.
9.5. The proprietary rights on any property created, purchased with ICA funds and owned by ICA belong to the constantly acting body- Executive Committee of ICA.
9.6. ICA may undertake business enterprising only to achieve the aims and tasks described in this Charter and is a non-profit organization. All ICA business enterprise activity is strictly legal.
9.7. ICA may found cooperatives and societies and acquire property to be used in business enterprise activity.
9.8. Some of the activities, listed by Law, may be conducted by ICA only with special permissions (licensing).
9.9. The ICA income from business enterprise may not be re-distributed among ICA members and may be used only to achieve the Charter aims.
9.10. ICA maintains accounting and statistical book-keeping according to the Law.
10. AMENDMENTS AND ADDITIONS TO THE ICA CHARTER
10.1. Making amendments and additions to the ICA Charter must be approved by 2/3rd vote of delegates present at ICA Congress, with consequent statutory registration.
11. ICA REORGANIZATION AND LIQUIDATION
11.1. Liquidation of ICA is decided by the ICA Congress, if 2/3rd of the delegates present at the Congress will vote for it.
11.2. The ICA activity may be terminated also due to other reasons in order provided by current legislation.
11.3. In case of ICA liquidation by the decision of the ICA Congress, this Congress forms a special liquidation commission jointly with the government registration body responsible for registration of public associations. All powers in ICA management are transferred to this commission from the moment of its appointment. Liquidation commission publishes announcement on ICA liquidation in the official press at the location of ICA headquarters.
11.4. Liquidation commission estimates the value of ICA property, reveals ICA creditors and debtors and makes necessary payments, pays ICA debts to third persons, compile intermediary and liquidation balances, and presents them to the ICA Congress for approval.
11.5. The property, remaining as a result of ICA liquidation by the decision of the Congress, after payments to the creditors is used to achieve the ICA aims listed in this Charter. Decision on the usage of ICA property must be published by the liquidation commission in newspapers.
11.6. The decision to liquidate ICA is delivered to the registering body which is responsible for registration of public associations to delete the ICA from Unified State Register of Legal Entities.
11.7. Liquidation is considered complete and ICA activity terminated after special entry to the Unified State Register of Legal Entities.
11.8. Reorganization (merger, attachment, division, separation, reformation) of ICA is done by the decision of ICA Congress, if 2/3rd of the delegates present at the Congress will vote for it.
11.9. ICA property goes to the new legal entities which emerged after reorganization in order prescribed by Law.
11.10. ICA is considered reorganized from the moment of registration of the new organization.
11.11. ICA has liability for safe keeping of all administrative, financial, staff and other documents. Documents having scientific historical value are transferred over to the Central Archives.
11.12. Staff documents on ICA personnel after the liquidation of ICA are transferred to the State Archive in statutory order.