ASSOCIATION OF DISABLED PEOPLE OF UZBEKISTAN CHARTER TASHKENT-2018

  1. GENERAL PROVISIONS

1.1. Association of Disabled People of Uzbekistan, hereinafter referred to as the Association, is a non-governmental non-profit public association of disabled people. Created upon the initiative of public organizations of disabled people, with the purpose of supporting and coordinating their activities, protecting and representing the interests of their members, as well as achieving the aims and objectives specified in this Charter.

1.2. The Association undertakes its activities on the basis of the Constitution of the Republic of Uzbekistan, the Law “On Non-profit, Non-governmental Organizations”, the Law “On Public Associations”, the Law “On Guarantees of Activities of Non-governmental Non-Profit Organizations”, other legislative acts of the Republic of Uzbekistan, and this Charter.

1.3. The Association acquires the rights of a legal entity from the moment of its state registration, has an independent balance, a round seal and an emblem with its name, settlement and other accounts in bank institutions, forms, website, other attributes.

1.4. The Association independently determines its activities on economic and technical development. The Association possesses a separate property on the right of ownership, exercises possession, use and disposal of the property belonging to it, has rights and obligations. Acts as a plaintiff and defendant in the courts.

1.5. The Association is not responsible for the obligations of its members. Members of the Association are not liable for the obligations of the Association.

1.6. The Association, in accordance with its statutory objectives, has the right to undertake any activities not prohibited by law.

1.7 The Association, in accordance with the law, can undertake economic and entrepreneurial activities.

1.8. The Association can create its regional branches in the regions of the Republic of Uzbekistan with the status of a legal entity. Regional branches undertake their activities after registration with regional justice bodies and act on the basis of this Charter, as well as the Regulations on Regional Branches approved by the Council of the Central Board. Regional branches undertake their activities on the territory of the respective regions at the place of registration. Regional branches are established and terminate their activities, based on the decision of the Council of the Central Board.

1.9. The procedure for the formation of the governing bodies of the regional branches, their powers, rights and obligations are determined by the Regulations on the Regional Branches of the Association, approved by the Council of the Central Board.

1.10. The Association is not responsible for the obligations of the state, nor is the state responsible for the obligations of the Association. As part of its objectives, the Association, in accordance with its statutory objectives, can engage in any type of activity that is not prohibited by law.

1.11. State organizations can assist the Association in implementing certain programs of socially beneficial activities. Intervention by state organizations in the internal affairs of the Association is not allowed, just as the Association is not allowed to interfere in the internal affairs of state organizations.

1.12. The organizational and legal form of the organization is the Association.

1.13. The Association can join international public associations, maintain direct international contacts and relations, make relevant agreements and contracts.

1.14. The Association carries out its activities throughout the Republic of Uzbekistan and has a republican status.

1.15. The location of the governing body of the Association:

135, Bogishamol Street 135, Yunusabad District, Tashkent City

1.16. Official name of the organization:

in Uzbek:                       O’ZBЕKISTON NOGIRONLAR ASSOTSIATSIYASI.

ЎЗБЕКИСТОН  НОГИРОНЛАР  АССОЦИАЦИЯСИ.

in Russian:                    АССОЦИАЦИЯ ИНВАЛИДОВ УЗБЕКИСТАНА.

in English:                    ASSOCIATION OF DISABLED PEOPLE OF UZBEKISTAN.

  1. II. AIMS OF THE ASSOCIATION:

The aims of the Association are:

Support and coordination of activities of its members, protection and representation of their interests.

III. OBJECTIVES OF THE ASSOCIATION:

3.1. The objectives of the Association are as follows:

Establishment and development of social partnership between members of the Association and state bodies in the field of social policy and development of civil society.

Creation of equal opportunities for disabled people in the exercise of their rights, on an equal basis with other citizens.

Full involvement and inclusion of disabled people in all spheres of social activity.

Promotion of implementation and realization of the UN Convention on the Rights of Persons with Disabilities.

Establishment and development of cooperation with international organizations of disabled people.

The Association undertakes the following activities in order to achieve its aims and objectives:

Promotes the establishment and development of social partnership between members of the Association and state bodies in addressing the issues of social protection of disabled people.

Coordinates activities and represents the common interests of its members at national and international organizations.

Prepares proposals and recommendations on improving legislation in the field of social protection of disabled people.

Participates in drafting legislative acts, strategies and programs that affect the interests of disabled people.

Develops proposals on the introduction of drafts of normative acts in the sphere of social protection of disabled people and development of civil society to legislative and executive authorities of the Republic of Uzbekistan.

Exercise public control over the implementation of legislative and normative acts affecting the interests of disabled people.

Contributes to addressing issues to ensure full participation of disabled people in social, economic and cultural life of the society.

Assists disabled people to realize their social, economic and cultural rights.

Assists disabled people to realize their right to education.

Assists disabled people to realization their right to cultural life, recreation and sports.

Assist disabled people to realize their right to work.

Promotes creation of accessible physical, social, economic, cultural environment, health, education, as well as information and communication for use by disabled people.

Promotes awareness-raising of the whole society, including at the family level, in matters of disability and strengthening and respecting the rights and dignity of disabled people.

Realization of economic, entrepreneurial and other income-generating activities, using the obtained income (profit) from such activities to fulfil the statutory objectives of the Association.

3.2. The activity subject to licensing is carried out by the Association upon receipt of a license.

3.3. The Association can carry out other types of activities that are not prohibited by law.

  1. IV. RIGHTS AND DUTIES OF THE ASSOCIATION:

4.1. The Association has the following rights:

  • Inform state executive and administrative bodies, as well as the general public about the problems and needs of disabled people and members of the Association and make proposals for their solution.
  • Develop and make proposals to improve legislation aimed at protecting the rights of disabled people.
  • Participate in decision-making of state bodies on issues affecting the interests of disabled people.
  • Take initiatives on various issues of public life, make proposals to state bodies.
  • Represent and protect the rights and legitimate interests of its members at state bodies.
  • Freely disseminate information about its activities.
  • Hold conferences, seminars, trainings, exhibitions, concerts, marathons, training courses, sports events, provide legal services, create resource centres.
  • Found mass media outlets and undertake publishing activities.
  • Join international non-governmental non-profit organizations, maintain direct international relations, make relevant cooperation agreements, exchange experience, organize and participate in international seminars and conferences.
  • Engage in entrepreneurship activities and establish its own enterprises.
  • Carry out public control and monitoring of the activities of state bodies and their officials.
  • The Association has other rights stipulated by the legislation.

4.2. The Association has the following duties:

  • Comply with the legislation of the Republic of Uzbekistan.
  • Submit reports on its activities to the registering body, tax and statistical bodies in a timely manner.
  • Provide access to the registering body to the events held.
  • Provide access to information on the use of its property and funds.
  • Provide the registration body with copies of decisions of the governing bodies within a month.
  • Carry out other duties in accordance with the law.
  1. V. MEMBERS OF THE ASSOCIATION, THEIR RIGHTS AND DUTIES

5.1. Members of the Association are:

Legal entities – public associations of disabled people, as well as organizations that provide services to disabled people who carry out their activities in accordance with the legislation in the territory of Uzbekistan, which share the aims and objectives of the Association and recognize this Charter. Members of the Association have equal rights and duties.

5.2. Membership and exit from the Association are made voluntarily.

Admission to the membership of the Association and expulsion from the membership of the Association are carried out by the decision of the Council of the Central Board.

Admission to the Association is carried out based on a written request of the organization joining the Association, the size and procedure for payment of membership and entrance fees is determined by the decision of the Central Board. If necessary, the Council of the Central Board by its decision may change the size of membership fees.

The decision to exclude from membership in the Association, except for voluntary withdrawal from membership, is accepted:

  • for violation of the requirements of the legislation concerning non-governmental non-commercial organizations, as well as for violation of the requirements of this Charter.
  • in the case of a systematic failure of a member to perform its duties.
  • if an organization does not meet the requirements for members of the Association.
  • if the activity of an organization established by the Charter and/or actually undertaken by the member of the Association contradicts the aims and objectives of the Association.

A member of the Association in respect of which a decision is made to exclude must attend this meeting of the Central Board. In the event of his non-appearance without a good reason for the meeting, the decision on exclusion may be made in the absence of the said member of the Association.

The application for exclusion from the members of the Association is considered within two months, from the date of receipt of the application. The decision to expel members of the Association is given to the organization within one month.

The Association does not return paid entrance and membership fees, financial resources, as well as property transferred to the Association as a charity to an organization that has withdrawn from the membership.

5.3. Members of the Association have the right to:

  • participate in all the events of the Association;
  • nominate their representatives, and, in the person of the latter, participate in the formation of the governing and audit-control bodies of the Association;
  • to make proposals to the governing bodies on the activities of the Association;
  • receive information about the activities of the Association.
  • apply to the bodies of the Association for the protection of their rights and legitimate interests;
  • select and be elected through their representatives to the elected governing bodies of the Association.

5.4. Members of the Association have the duties to:

  • comply with this Charter;
  • take direct part in the activities of the Association;
  • Avoid actions that damage the property and reputation of the Association.
  • Follow the decision of the governing bodies of the Association.

5.5. The members of the Association retain their independence and the rights of the legal entity. The Association does not interfere in the internal affairs of its members.

  1. VI. STRUCTURE AND THE GOVERNING BODIES OF THE ASSOCIATION:

The governing bodies of the Association are:

6.1. The Conference.

6.2. The Central Board.

6.3. The Council of the Central Board.

6.4. The Chairperson

6.5. The Audit Commission.

THE CONFERENCE OF THE ASSOCIATION.

6.6. The highest governing body of the Association is the Conference (hereinafter – the Conference), convened by the Chairperson of the Association, at least once every five years. The conference is convened at the request of the Chairperson or at the request of 1/3 of the members of the Central Board.

6.7. Representatives of the members of the Association, as well as representatives of the regional branches of the Association are delegates to the Conference. Two representatives participate from each member of the Association, as well as from each regional branch of the Association as delegates to the Conference.

6.8. Not later than one month before the date of the Conference, the Council of the Central Board shall notify all members of the Association of the draft agenda, venue and time of the Conference.

6.9. The conference is considered valid if at least 50% of the members of the Association are registered on it. Voting at meetings of the Conference may be open or secret.

6.10. The Conference can take decisions on any issues of the Association’s activities. Decisions at the Conference are taken by a simple majority of votes.

6.11. The exclusive competence of the Conference is:

  • Approval of the Charter, introduction of changes and additions to it;
  • Approval of reports on the work of the Central Board and the Audit Commission.
  • Election of the Chairperson for a period of five years.
  • Election of the members of the Audit Commission and its Chairperson for a period of five years, determining its size;
  • Decision on reorganization or liquidation of the Association, appointment of the liquidation commission.

THE CENTRAL BOARD OF THE ASSOCIATION

6.12. In the period between the Conferences, the governing body of the Association is the Central Board. Members of the Central Board are representatives of the members of the Association, as well as representatives of the regional branches of the Association. One representative from each member of the Association, as well as a representative of the regional branch participates in the Central Board. The sessions of the Central Board are convened by the Chairperson as necessary, but not less than once every two years. An extraordinary meeting of the Central Board is held at the request of at least 1/3 of the members of the Central Board.

6.13. The Central Board meeting is considered valid if at least half of the members of the Central Board are present.

6.14. Decisions of the Central Board at meetings are taken by a simple majority of votes. The form of voting is determined at a meeting of the Central Board. A member of the Central Board who disagrees with the decision, has the right to provide a separate opinion in writing, which should be attached to the minutes of the meeting of the Central Board.

6.15. The sessions of the Central Board are conducted by the Chairperson.

6.16. The Central Board does have the power to make decisions on all matters of the Association’s activities, with the exception of matters falling within the exclusive competence of the Conference.

The exclusive competence of the Central Board includes:

  • approval of the development strategy of the Association.
  • ensuring the implementation of the decisions of the Conference.
  • Election of members of the Council of the Central Board for a period of five years and determining its size.
  • approval of the report on the work of the Council of the Central Board, for the expired period.
  • approval of the Association symbols.

THE COUNCIL OF THE CENTRAL BOARD.

6.17. The governing body of the Association, between the sessions of the Central Board, is the Council of the Central Board.

6.18. Meetings of the Council of the Central Board are convened by the Chairperson as necessary, but not less than once a year. Extraordinary meetings of the Council of the Central Board may be held at the request of 1/3 of the members of the Council.

6.19. The meeting of the Council of the Central Board is considered valid if at least 50% of the members of the Council participate in it.

6.20. The decision at a meeting of the Council of the Central Board is made by a simple majority of votes. The Chairperson holds the meetings of the Council of the Central Board.

The competencies of the Council of the Central Board include:

  • ensuring the implementation of decisions of the Central Board.
  • approval of the work plan of the Association.
  • preparation of the draft agenda of the meeting of the Central Board.
  • development of draft documents for consideration and approval by the Central Board, as well as approval of cost estimates.
  • definition of the development strategy of the Association;
  • appointment of the acting Chairperson of the Association.
  • adoption of Regulations on Regional Branches of the Association.
  • create, suspend and liquidate a regional branch of the Association.
  • make decisions on admission to membership or expulsion from the membership of the Association.

6.21. The Council of the Central Board can review and make any decisions which are not within the competence of the Conference, the Central Board and the Chairperson of the Association.

THE CHAIRPERSON OF THE ASSOCIATION

6.22. Management of the activities of the Association and its presentation outside are carried out by the Chairperson. Only a disabled person who has worked for at least three years in public organizations of disabled people can be elected to the position of the Chairperson.

6.23. The competencies of the Chairperson include:

  • ensuring implementation of decisions of the governing bodies of the Association;
  • acting on behalf of the Association and representing its interests without a power of attorney at all national and international bodies and organizations;
  • issuing orders and prescriptions related to the activities of the Association.
  • signing financial and legal documents of the Association.
  • concluding transactions and contracts without a power of attorney on behalf of the Association and representing the interests of the Association before third parties.
  • appoint and dismiss heads of the regional branches of the Association.
  • manage financial resources and property of the Association.
  • open and close accounts in banking institutions;
  • lead and manage the governing bodies of the Association.
  • issue orders for the establishment of the Association’s enterprises, appoint and dismiss heads of these enterprises.
  • issue orders and prescriptions relating to the activities of the Central Administration of the Association.

THE CENTRAL ADMINISTRATION

6.24. The executive body of the Association is the Central Administration, which is managed and formed by the Chairperson of the Association. The main activity of the Central Administration is to ensure the implementation of decisions of the governing bodies of the Association and the Chairperson.

6.25. The Chairperson of the Association recruits employees of the Central Administration and dismisses them on the grounds provided for by the current legislation and the employment contract. The Chairperson of the Association determines the amount and order of remuneration of employees of the Central Administration, their duties, appoints his/her deputies. The Chairperson of the Association determines and approves the staffing chart of the Central Administration. The structure of the Association includes regional branches.

Employment relationships:

6.26. The employment relationships of the Association’s employees are determined by the internal labor regulations.

6.27. All employees of the Association are subject to the requirements of labor legislation, social security and social insurance.

THE AUDIT COMMISSION

6.28. The control and audit body of the Association, which monitors the financial and economic activities of the Association, is the Audit Commission.

6.29. The meetings of the Audit Commission are held as required.

6.30. The Audit Commission shall not include persons holding other positions in the governing bodies of the Association.

6.31. Members of the Audit Commission have the right to attend meetings of the governing bodies of the Association with the right to a consultative vote.

6.32. The competence of the Audit Commission includes:

  • carrying out audits of the financial and economic activities of the Association.
  • submission to the Conference for approval of an act of verification of the financial and economic activities of the Association.

6.33. The results of the audits and proposals of the Audit Commission are reviewed and approved by the Conference.

VII. PROPERTY AND MEANS OF THE ASSOCIATION:

7.1. The Association and its regional branches may own any property that is not prohibited and not restricted in turnover, necessary to ensure its statutory activities.

7.2. Sources of formation of property and funds of the Association:

  • voluntary contributions and donations.
  • income from its own entrepreneurial activities.
  • income from activities to attract resources and conduct various activities.
  • proceeds from the contributions of the Association’s enterprises.
  • membership fees.
  • proceeds from grant projects, state social contracts for social services, state subsidies.
  • proceedings from publishing.
  • other income not prohibited by current law.

7.3. The Chairperson manages the financial and property resources of the Association on its behalf. Each individual member of the Association does not have the right to own property belonging to the Association. The Chairperson manages the funds exceeding the cost estimates with the subsequent approval of these expenses by the Council of the Central Board following the results of the financial year.

7.4. Revenues from entrepreneurial and other activities of the Association can not be redistributed between its members and are used only to achieve the statutory aims of the Association.

7.5. Members of the Association may donate property and assets to the Association.

7.6. By its liabilities the Association bears responsibility by its property, for which the law may impose penalties.

VIII. ACCOUNTING AND REPORTING

8.1. The Association annually reports on its activities over the past year, including a declaration on sources of financing activities and spending of funds, information on the number of current members.

8.2. The Association submits reports on its activities to the registering body, tax and statistical bodies in a timely manner.

8.3. The Association keeps records of the results of its activities and, in accordance with the established procedure, submits reports to the registering statistical and tax bodies.

8.4. The financial results of the Association’s activities are determined on the basis of the annual accounting report.

  1. IX. PROCEDURE FOR AMENDMENTS AND ADDITIONS TO THE CHARTER

9.1. Amendments and additions to this Charter are made by the decision of the Conference and are subject to state registration in accordance with the procedure established by law.

  1. X. REORGANIZATION AND LIQUIDATION OF THE ASSOCIATION

10.1. Reorganization and liquidation of the Association are carried out in accordance with the current legislation.

10.2. The reorganization of the Association is carried out at the decision of the Conference in the form of merger, accession, division, separation, transformation.

10.3. Liquidation of the Association is carried out either by the decision of the Conference or by a court decision in the manner and in the cases provided for by the current legislation.

10.4. The property and funds remaining as a result of the liquidation of the Association upon the decision of the Conference, after satisfying the creditors’ claims, are directed to its statutory purposes.

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