(Abridged version)
The Charter of MALiJ with amendments was adopted at the 3rd Extraordinary Conference on 26 February 2017
Agreed by the Chairman of the Board of the International Centre for Implementation of UNESCO Programmes (ICIUP) V. B. Popov
Signed by the Conference Chairman V. F. Tarchynets and Conference Secretary O. H. Tsarytsanska
Filed in the Unified State Register on 28 March 2017
1. GENERAL PROVISIONS
1.1. The International Academy of Literature and Journalism (hereinafter referred to as the Organization) is a voluntary establishment based on individual membership and a unity of interests for joint implementation of the purposes and objectives defined by this Charter.
1.2. The International Academy of Literature and Journalism was created by a resolution made by the founders at the establishing meeting in accordance with the current legislation.
1.3. The Organization is established and maintained on the principles of voluntariness, self-government, equality before the law, lack of property interest of its members, transparency, openness, and publicity.
1.4. The Organization is free to choose the directions of its activity under the current legislation.
1.5. The legal form of the Organization is non-governmental.
1.6. The name of the Organization in Ukrainian is Громадська організація “Міжнародна академія літератури і журналістики”, abbreviated as ГО “МАЛіЖ”; in English, it is Non-Governmental Organization ‘International Academy of Literature and Journalism’, abbreviated as NGO MALiJ.
1.7. The Organization is an Associate Member of the International Center for UNESCO Programs Promoting. It may use the name, attributes, symbols and insignias of the latter. The Organization is non-governmental and non-profit.
1.8. The activity of the Organization is of public nature, which complies with its interaction with public authorities as well as close contact with other public organizations, movements, foundations, and individuals.
1.9. The Organization maintains the status of a legal entity since its state registration in the order determined by the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” and the Law of Ukraine “On Public Associations”.
1.10. The Organization is established for an indefinite term.
1.11. The Organization has a round seal, stamps, letterheads with its name, emblem, and flag (banner), which are subject to registration in accordance with the procedure established by law; it also possesses transaction and foreign currency accounts at bank institutions as well as other requisites necessary for its activities.
1.12. The Organization has the right to acquire property and non-property rights as well as to be a party in courts of general jurisdiction and jurisdictions of other countries.
2. PURPOSES, OBJECTIVES, AND MAIN ACTIVITIES
The main purposes of the Organization are to protect the legal rights and interests of its members; to implement the highest humane principles of tolerance, non-discrimination, equality of rights and freedoms; to promote the creative work of young writers, journalists, stage artists, painters, photo and video amateurs, especially orphans, half-orphans, children deprived of parental care, poor and young people living in rural, mountainous and polluted Chornobyl NPP areas.
To achieve these purposes, the Organization functions for the following objectives:
– deepened and developed friendly cultural, creative ties among children of all nations and ethnic groups as well as cooperation with children’s and youth creative organizations of other countries;
– free expression and pluralism of thoughts by children of different nationalities and religious denominations;
– urging the Ukrainian and world communities to maintain peace and solve the pressing social and artistic problems of children;
– promoting the development of children’s creative movement, holding international contests and festivals, publishing collective and authorship works, as well as providing an international online portal for distance learning, which implies establishing creative workshops, developing television and radio reports, publishing authors’ works and comments at www.academy.malig.info, and issuing the monthly literary and artistic newspaper magazine for pupils Constellation Fest as well as electronic articles;
– deepening friendly cultural and creative relationships and contacts among children of all nations and ethnic groups without any prejudice as to race, colour, gender, religion, political or other beliefs, national or social status, property, place of birth or other circumstances;
– search and comprehensive support for gifted and talented children of Ukraine and other countries; creation of appropriate conditions for their comprehensive intellectual and spiritual development, exchange of creative achievements in science, poetry, prose, journalism, fine arts, stage performance and song, sports, tourism, national studies, imparting respect for national traditions and customs, national values of the Ukrainian people as well as other peoples and nations;
– creating conditions for children to access computer development, the Internet and other new technologies for receiving and transmitting information, for creating computer software, etc.;
– participation of members of the Organization and candidates selected on a competitive basis by the heads of separate divisions in the annual International Festival “Rekitske Constellation” (Rekitske Suzirya) of young poets, prose writers, playwrights, journalists, picture artists, photographers, filmmakers, songwriters, stage performers, ethnographers, craftspersons, and IT specialists.
– participation in parliamentary hearings and other activities on issues consistent with the programmatic framework of the Organization;
– obtaining, in accordance with the procedure established by law, public information from authorities and other administrators of public information;
– conducting activities aimed at developing knowledge and disclosing the abilities of gifted youth in the fields of journalism, literature, fine arts, stage performance, songwriting, sports, tourism, and heroic-patriotic education; holding festivals, contests, field trips, meetings, gatherings, and campaigns in places of martial glory directed to preparing young people for military service;
– development and implementation of the Organization’s own programmes and projects aimed at supporting youth, as well as participation in joint projects and programmes together with other Ukrainian, international or foreign public and state institutions;
– promoting the development of progressive scientific and educational programmes as well as bilateral cooperation with higher and secondary education institutions at which members of the Organization study;
– cooperation with partner public journalistic, writing, artistic, tourist, sports and heroic-patriotic organizations, and other legal and natural persons of foreign countries to fulfil the purposes of the Organization; implementation of joint creative projects in publishing, conducting international contests, festivals, press conferences, trainings, briefings, donations collection, as well as promotion of internship of the Organization members in Ukrainian and foreign printed and electronic mass media.
The mottoes of the Organization are “We learn, create, and act!” and “MALiJ: Ukraine, creativity, search, and romance!”
To achieve the purposes and objectives, the Organization does the following:
– coordinates the activities of the members of the Organization, aimed at achieving the purposes and objectives of the Organization, and undertakes appropriate measures;
– participates in financing or implements special-purpose programmes and projects;
– cooperates with public organizations and institutions of science and culture of other countries;
– participates in carrying out informational and educational activities through mass media, periodicals, and its own publications to implement the purposes and objectives stipulated by the Charter;
– in accordance with the current legislation, participates in organizing and holding festivals, fairs, exhibitions, and book forums, the proceeds of which are directed solely to the statutory goals of the Organization;
– organizes, coordinates and finances activities aimed at achieving the Organization’s purposes;
– participates in the development of various programmes and projects.
In order to achieve the statutory purposes and fulfil the statutory tasks, the Organization has the right in the procedure established by law to the following:
– to act as a party to civil-law relations, to acquire property and non-property rights, and to be a complainant in arbitration and other courts;
– to hold peaceful meetings;
– to involve citizens, enterprises, institutions and organizations, including foreign ones, in financial and material support of the Organization’s activities;
– to establish mass media in order to achieve the statutory goals;
– to disseminate information, to promote the purposes and objectives of the Organization, to facilitate educational and scientific-methodological activities, and to acquire the best experience of other countries;
– to support and participate in the organization and holding of national and international forums, symposia, conferences, exhibitions, contests, etc.;
– to have its own insignias, which are subject to registration in accordance with the procedure established by the legislation of Ukraine;
– to hold seminars, conferences, briefings, television and radio broadcasts, live broadcasts, and other events contributing to the achievement of the Organization’s purposes;
– to establish its own print and electronic media, television and radio programmes, to launch radio and television channels for children and young people, enterprises and organizations, to be a co-founder of other mass media, and to perform publishing after establishing publishing houses;
The activities, which must be carried out on the basis of licenses, certificates and other permits, will be performed after receiving the relevant documents.
3. PROCEDURE FOR ACQUISITION AND TERMINATION OF MEMBERSHIP. RIGHTS AND OBLIGATIONS OF THE ORGANIZATION MEMBERS
3.1. Membership in the Organization is individual.
3.2. Individual members of the Organization may be citizens of Ukraine, foreign nationals or stateless persons who have attained the age of 14, have fulfilled the requirements of the Charter of the Organization, and are actively involved in the Organization’s activities.
3.3. The reason for admission to the Organization is the application and the record of the applicant’s creative achievements.
3.3. The decision to grant membership in the Organization shall be taken by the Board of the Organization within one month from the date of filing the personal written application addressed to the Rector of the Organization for membership in the Organization.
3.4. The decision for the applicant to join the Organization shall be taken by a majority vote of the Board of the Organization.
3.5. Membership in the Organization shall continue throughout the lifetime of the Organization unless terminated in accordance with this Charter.
3.6. Members of the Organization are accounted for by the Board of the Organization.
3.7. Membership in the Organization shall be terminated at the request of the person upon the submission of a personal written request to the Board of the Organization.
3.8. Compulsory expulsion from the members of the Organization shall be exercised in the case of:
– termination of direct participation of the person in the activities of the Organization;
– failure to comply with the decisions of the governing bodies of the Organization related to the fulfilment of the statutory tasks of the Organization;
– dissemination of information that is untrue or misrepresenting and is detrimental to the interests of the Organization;
– death of the member of the Organization.
3.9. The decision to expel a member of the Organization shall be taken by a majority vote of the Board of the Organization.
3.10. Members of the Organization have the rights:
– to elect and be elected to the statutory bodies of the Organization;
– to participate in resolving issues that are considered at meetings of statutory bodies to which they are elected;
– to make proposals to the statutory bodies of all levels and to defend their point of view until a majority decision is made;
– to participate in the Conference and meetings of the statutory bodies;
– to receive information on the activities of the Organization;
– to freely advocate and promote ideas and make suggestions on issues that are discussed in the Organization before making decisions on these issues;
– to express opinion on the personal records of the candidates who are nominated for election to the statutory bodies of the Organization;
– to participate in all activities conducted by the Organization;
– to receive from the Organization any required assistance;
– to be a member of other public organizations;
– to develop and implement within the Organization programmes and projects in social, cultural, creative, environmental and other fields;
– to use the information and analytical, methodological developments, material and technical means of the Organization as well as the services, consultations and recommendations provided by the Organization;
– to receive information on the activities of the Organization and to submit proposals on issues related to the statutory activities of the Organization;
– to use the attributes and insignias of the Organization with the permission of its governing bodies;
– to represent on behalf of the Organization its interests in any organizations, including international ones;
– to leave the Organization freely on one’s own written request.
3.11. Members are obliged to:
– fulfil the requirements of this Charter;
– participate actively in the implementation of decisions made by the statutory bodies of the Organization,
– refrain from activities that may cause harm to the Organization;
– comply with the requirements of the Charter and other internal documents of the Organization as well as to obey the decisions of the Conference and the Board of the Organization;
– act in accordance with the purposes and objectives set out in the Charter of the Organization.
3.13. The amount of the entry and membership fees, as well as the procedure for their payment, is determined by the Board of the Organization.
3.14. Entry and membership contributions can be made in cash and in property as well as in the form of creative ideas evaluated by the Board of the Organization.
3.15. Members of the Organization may be exempt from the obligation to pay entrance and membership fees by decision of the Board of the Organization.
3.16. The Organization, in order to encourage the Vice Rectors, public lecturers, and honorary members of the Organization who are active in working with members of the Organization and contribute to the resolution of statutory tasks of the public organization, may confer honorary titles such as ‘Honorary Professor of the Organization’, ‘Honorary Academician of the Organization’, and for a host of the International Festival of Young Talents “Rekitske Constellation”, ‘Merited Artist of the International Festival “Rekitske Constellation”’.
4. GOVERNING BODIES OF THE ORGANIZATION
4.1. The supreme governing body of the Organization is the Conference convened by the Board of the Organization at least once a year. The Reporting Conference is convened at least once every five years. The Extraordinary Conference is convened by the Board on its own initiative or at the request of the Rector of the Organization or the Audit Committee of the Organization. To convene the Conference of the Board of the Organization, the members of the Organization shall be notified at least 30 days in advance; the norm of delegate representation for the Conference of the Organization is 1 delegate from 10 registered members of the Organization, although the established norm is subject to the decision of the Board of the Organization.
The procedure for the election of delegates and the holding of the Conference shall be determined by the Board of the Organization.
4.2. Meetings of the Organization governing bodies (the Conferences and the Board of the Organization) may be held either with the direct participation of the members or through the Internet with the use of audio-visual computer software for online conferences. The decision on the form of such meetings shall be taken by the Board of the Organization and shall be brought to the attention of the members of the Organization not later than 15 days before the determined date of the Conference after the meeting of the Board of the Organization about the chosen form of the meeting. Any meeting of the governing bodies shall be recorded in minutes. The form of the meeting must be specified in the minutes. If the meeting is held by means of Internet connection, the software name for the meeting of the Board or the Conference must be recorded in the minutes.
The exclusive competence of the Conference includes:
– approving and amending the Charter of the Organization;
– adopting programmes and main activities of the Organization;
– hearing reports of the statutory bodies of the Organization;
– deciding on any reorganization in the form of joining the same public association of the same status or liquidation of the Organization;
– use of funds and property of the Organization;
– appointment of the liquidation commission and its chairman;
– election of the Rector of the Organization, the Audit Committee, its members, the Chairman of the Audit Committee, the Board and its members, the Vice Rector, and the Executive Secretary;
The Conference of the Organization shall consider appeals against decisions, actions or omissions of the governing bodies and officials of the Organization and, within one month, shall respond as to the outcome of considering the complaint;
– deciding on the creation of enterprises and self-financing institutions;
– making decisions on other issues taken up for consideration;
– considering appeals against decisions, actions or omissions of governing bodies and officials of the Organization;
– amending the Charter of the Organization, for which at least three-fourths (3/4) of the elected delegates should vote.
4.2.1. The resolution of the Conference shall be valid if the majority of its elected delegates have voted in favour of it.
4.3. The Board of the Organization:
4.3.1. It is the governing permanent body between the Conferences of the Organization.
4.3.2. The Board includes: the Rector of the Organization, the Vice Rector, the Executive Secretary, and the members of the Board elected by the Conference. The term of office of the Board is five years; its quantitative composition is 3 to 5 people. If a member of the Board submits a written request for termination of office or loses the ability to perform duties for other reasons, resulting in a smaller number of the Board members than the statute stipulates, the Board by a majority vote appoints (co-opts) a new member for the next or Extraordinary Conference. The decisions of the Board made in the co-opted membership shall have the same validity as the decisions of the Board elected by the Conference.
4.3.3. A meeting of the Board of the Organization is valid when a majority of its members are present. Decisions of the Board shall be taken by a simple majority of the votes of the persons participating in the voting unless the Board determines a qualified majority. The decisions of the Board are recorded in minutes.
4.3.4. In the case of a written interview by e-mail, the decision shall be deemed adopted if it is voted for in writing by at least two-thirds of the members of the governing body. The members of the governing body are obliged to confirm in writing the results of their voting or refusal to vote within three working days from the date of sending the question.
4.3.5. The Board’s competence includes:
– holding work in the form of meetings convened by the Rector of the Organization;
– convening the Conference, defining the norms of representation at it, and submitting questions for consideration at the Conference;
– adopting decisions on implementing the Conference resolutions;
– coordinating the activities of the Organization’s separate units;
– approving decisions on the symbols and insignias of the Organization, samples of seals, stamps, and forms of the Organization;
– receiving applications and appeals on behalf of the Organization;
– accepting application documents from the candidates of the Organization;
– approving the Organization’s staffing;
– making decisions as to establishing separate units (branches) and admitting new members of the Organization;
– making decisions on other matters within the Board’s competence.
4.3.6. Meetings of the Board are valid if more than two-thirds of its members are present. A resolution shall be taken by a simple majority of votes.
4.3.7. The Board is headed by the Rector of the Organization, elected by the Conference for a term of five years.
4.3.8. The scientific research and creative organizational activities of the Organization are promoted by the Vice Rectors and public lecturers, who are appointed for the relevant term by the Rector of the Organization, work under the Rector’s direction (on a public basis), and enjoy the right of advisory vote.
The Rector of the Organization:
– acts without a mandate on behalf of the Organization;
– performs general management and ensures the fulfilment of the statutory tasks of the Organization;
– represents the interests of the Organization in relations with other non-governmental organizations, public authorities and bodies of local self-government, and international institutions;
– makes decisions on encouraging the Vice Rectors, public lecturers, heads of separate divisions and members of the Organization with valuable gifts, diplomas, honours, other rewards, and ensures nomination of the Organization members to state awards and honours;
– considers and resolves the issues of organizational, creative and charitable work;
– uses the Organization’s funds within the limits set by the Conference;
– issues orders, opens and closes accounts, including currency ones, at banking institutions;
– concludes agreements on behalf of the Organization, signs contracts, including international ones, and ensures their implementation;
– employs, by agreement and with the availability of funds, the staff of the Organization; determines their official duties and relieves them of their official or public duties;
– manages the work of the members and employees of the Organization;
– controls the property and resources of the Organization;
– initiates the convening of an Extraordinary Conference and proposes the agenda of the Conference;
– signs any documents relating to the activities of the Organization;
– exercises other powers that do not contradict the current legislation of Ukraine.
The Rector of the Organization may be removed from office by the decision of the Conference before the expiration of the position term in the following cases:
– voluntarily;
– if the work of the Rector of the Organization is considered to be unsatisfactory;
– if the Rector’s actions have caused damage to the Organization.
In such cases, one of the members of the Board elected at a meeting of the Board of the Organization shall perform the duties.
In order to make a decision on dismissal of the Rector of the Organization at the Conference, a collective decision must be made on this issue by two-thirds of the total membership of the Organization.
The Rector of the Organization and other members of the Board perform their activities on a public basis, and if available, may be paid salaries, but not above the minimum.
In the absence of the Rector of the Organization or for other reasons, a Vice Rector shall perform the duties to act on behalf of the Rector of the Organization and to exercise separate powers of the Rector of the Organization.
A Vice Rector:
– is accountable to the Board of the Organization;
– is responsible for organizational and methodological work as well as for the activities of self-financing enterprises;
– is engaged in the preparation and holding of the International Festival “Rekitske Constellation”, as well as in the improvement of the material and technical base;
– represents the Organization in relations with other non-governmental organizations, public authorities, local self-government bodies, and international institutions;
– hears reports of heads of separate units of the Organization and makes proposals for improvement of their public activities;
– takes care of awarding the winners of artistic contests, events, scientific and creative expeditions and festivals;
– promotes scientific and creative work of members of the Organization as well as facilitates internships in Ukrainian and foreign print and electronic media;
– establishes cooperation with partner organizations and educational institutions of Ukraine and abroad.
The Executive Secretary of the Board of the Organization:
– works under the direction of the Rector of the Organization, being accountable to the Board of the Organization;
– deals with the current documentation of the Organization, prepares minutes of meetings of the Board, composes draft orders, regulations, resolutions and instructions, and provides the work of the technical means and communication of the Organization;
– keeps records of the members of the Organization;
– accepts and submits documents for admission to the Organization;
– promotes the activity of the web-portal of MALiJ, provides information and technical support, and distributes, with the consent of the Rector of the Organization, information and copyrighted works;
– is responsible for the fire safety of the Organization workplace;
– keeps records of material items (books, office equipment as well as prizes to award the winners of the International Festival “Rekitske Constellation” of young poets, prose writers, playwrights, journalists, picture artists, photographers, filmmakers, songwriters, stage performers, ethnographers, craftspersons, and IT specialists).
5. The Audit Committee:
5.5.1. The controlling body that has advisory and controlling powers over the financial activities and purposeful use of the assets of the Organization is the Organization’s Audit Committee, elected by the Organization’s Conference for a term of five years, consisting of a chairman and a secretary elected by the Conference. Members of other governing bodies and employees of the Organization may not be members of the Audit Committee.
6. PROCEDURE FOR APPEALING AGAINST DECISIONS, ACTIONS OR OMISSIONS OF THE ORGANIZATION LEADERS. CONSIDERATION OF COMPLAINTS
6.1. Decisions, actions or omissions by the Board of the Organization, the Rector of the Organization may be appealed to the Conference of the Organization or to a court.
6.2. Decisions, actions or omissions by the Organization Conference may be challenged only in a court.
6.3. Complaints are considered by the Conference at an open meeting by verbally presenting the complaint and deciding upon it by a simple majority. Court complaints are considered in accordance with the current legislation of Ukraine.
7. PROCEDURE FOR THE GOVERNING BODIES OF THE ORGANIZATION TO REPORT TO THE ORGANIZATION MEMBERS
7.1. The Conference and the Board of the Organization shall report on their activities to the Organization members at least once a year.
7.2. At the end of each calendar year, the Rector of the Organization reports to the members of the Organization at the Conference on the work done during the year.
8. SOURCES OF REVENUE AND PROCEDURE FOR USING THE ORGANIZATION’S FUNDS AND PROPERTY
8.1. The Organization is non-profit public.
8.2. The Organization shall have the right to own movable and immovable property, equipment, transport and other means the acquisition of which is not prohibited by the current legislation of Ukraine.
8.3. The Organization is not responsible for the obligations of its members, and the members of the Organization are not responsible for the obligations of the Organization.
8.4. The Organization interacts with public associations, religious organizations, other individuals and legal entities, which by their activities contribute to the Organization’s objectives; it also implements joint programmes with foreign organizations, legal entities, and individuals.
8.5. Sources of the Organization’s property and funds:
– these are funds or property that come free of charge or in the form of grants or voluntary donations;
8.6. Contributions to the Organization may be made in the forms of money, tangible products, works, and services as well as by transferring to the Organization appropriate funds, property, works, and services.
8.7. The property and funds of the Organization shall be used solely for the purpose of fulfilling the statutory objectives and ensuring the directions of the Organization’s activities.
9. PROCEDURE FOR THE ESTABLISHMENT, PERFORMANCE AND TERMINATION OF THE ACTIVITIES OF THE SEPARATE UNITS (BRANCHES) OF THE ORGANIZATION
9.1. The Organization may have separate units (branches) formed by decision of the Board of the Organization.
9.2. Separate divisions may be established by at least two members of the Organization for the purpose of observing the territorial principle of joint activity at the place of residence.
10. AMENDMENTS TO THE CHARTER OF THE ORGANIZATION
10.1. Amendments to the Charter of the Organization shall be the responsibility of the Conference of the Organization.
11. TERMINATION OF THE ORGANIZATION’S FUNCTIONING
11.1. The termination of the Organization’s activity shall be effected by self-dissolution or reorganization, by joining another public association with the same public status or by a court decision on the prohibition (enforced dissolution) of the Organization.
