Аdopted by the decree of the 1st Assembly of
International Union (Commonwealth) of Advocates of May 21, 1992
With changes of May 22, 1998 introduced
By the III Assembly of None Governmental Organization
“ International Union (Commonwealth) of Advocates ”
Of None-Governmental Organization
“ International Union (Commonwealth) of Advocates ”
1. GENERAL PROVISIONS
1.1. None-Governmental Organization “International Union (Commonwealth) of Advocates”, hereinafter referred to as “Organization”, is an International None-Governmental Organization.
1.2. The activity of Organization is based on the principles of membership, self-governing, legitimacy and legal equality of advocates, irrespective of their race and nationality, citizenship, language, sex, religion and social status. The activity of Organization shall be public and open. The information about the founders of Organization and its program documents shall be generally available.
1.3. The organization in its activity shall be guided by the Constitution of the Russian Federation, laws on the NGO, advocacy, Civil Code, other legislation of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation and the legislation of other states, on which territory its affiliated branches carry out an activity.
1.4. The Organization is a legal person which has solitary property in ownership and is liable for its obligations with this property and may in its own name acquire and effectuate property and none-property rights, bear duties, and be a plaintiff or defendant in court. Organization may have accounts in banks, an autonomous balance sheet, estimate, seal, stamp and order form.
1.5. The location of the permanent executive organ of Organization (the Presidium): 113114, Bolshoi Palashevski pereulok, 1/14, block 7, Apt.46, Moscow, Russia.
2. GOALS AND PURPOSES OF ORGANIZATION
2.1. The main purposes of Organization shall be:
— assistance to ensuring of high standards of skills of advocates, professional ethics, unity and cooperation of advocates;
— protection of the rights and freedom, honor and dignity of members of organization;
— propagation of internationally recognized principles and guarantees of independence of advocacy;
— assistance to development of jurisprudence and legal culture of society;
— expansion and strengthening of international professional and cultural relations between advocates of different countries and regions.
2.2. For fulfilling of the goals indicated in clause 2.l of the Charter Organization shall:
a) establish scientific and research institute of advocacy, study and distribute the experience of most experienced advocates of the world;
b) organize scientific and methodological activity on improvement of advocacy;
c) assist associations of advocates in organizing of professional study and scientific and practical conferences;
d) organize international seminars, congresses and conferences;
e) participate in organization of training for advocates in the Bar Associations and firms in other regions and countries;
f) found its publishing organ and distribute professional materials for advocates;
g) organize exchange of delegations of advocates between advocacy unions (associations) of different countries and regions;
h) indicate the problems of legal ethics;
i) study and unite the state of advocates in legal systems of different countries and if necessary send the applications on elimination of violations of the rights and freedoms of advocates to the appropriate states and international organizations;
j) carry out independent public legal examination of acts at the request of governmental bodies and NGOs and assist to drafting legislation on advocacy and other acts;
k) organize lectures, exhibition, lotteries, health—improvement and sports events;
3. RIGHTS AND RESPONSIBILITIES OF ORGANIZATION
3.1. The organization has the right:
— to distribute the information on its activity freely;
— to participate in drafting the decrees of state authorities and bodies of local government in accordance with the order and scope stipulated by the legislation of the Russian Federation and other states;
— to organize assemblies, scientific and practical conferences, lectures, seminars and other measures allowed the legislation;
— to found mass media and carry out publishing activity;
— to carry out foreign economic and other activity stipulated generally recognized norms of international law, legislation of the Russian Federation and other states on NGO;
— to represent and protect its rights, lawful interests of its members before public authorities, bodies of local authorities and NGOs;
— to realize in full scope its powers stipulated by the laws on NGO and issue initiatives on various questions of society;
— to submit offers to public authorities.
Realizing of the indicated rights of Organization may be limited by legislation of the Russian Federation and other states on NGO or by international treaties.
3.2. Organization is obliged:
— to observe legislation of the Russian Federation and other states, on which territories it carries out activity and internationally recognized principles and norms of the international law concerning the spheres of its activity and rules provided by the Charter;
— to publish annual report on use of its assets or provide with excess to this report;
— to inform Ministry of Justice of the Russian Federation on continuation of its activity annually, with indication of location of a permanent executive organ, its title and data about its executives to the scope of the data which is included to the General State Register of legal persons;
— to provide on inquiry of Ministry of Justice of the Russian Federation with decisions of its executive organs and executives, and annual and quarterly reports on its activity to the scope of information that is produced before tax authorities;
— to admit representatives of Ministry of Justice of the Russian Federation to measures held by Organization;
— to assist the representatives of Ministry of Justice of the Russian Federation in acquaintance with activity of Organization in connection with achievement of the authorized purposes and observance of legislation of the Russian Federation;
— to provide the members and participants of Organization with necessary information about its activity.
4. MEMBERSHIP IN ORGANIZATION
4.1. Advocates of any country and legal persons (unions, associations and other social organizations of advocates) which recognize the present Charter and voluntarily expressed desire to join Organization may become its members;
Scientists, lawyers, public figures and legal persons (social organizations) actively encouraging realization of the purposes and goals of Organization may be admitted to it.
At founding of Organization its founders automatically become its members and acquire the appropriate rights and responsibilities.
The admittance to Organization is carried out by its Presidium, executive Board or affiliated branches. For the admittance it is necessary to direct to Organization an application drown in the form established by the Presidium. Admittance to and withdrawal from Organization of legal persons (social organizations) is realized on the basis of the decision of executive organ of legal person.
Members of Organization —natural persons and legal persons as well— shall have equal rights and bear equal responsibilities.
4.2. Members of Organization shall have the right:
а) To elect and to be elected to the executive, supervising and auditing bodies of Organization and control their activity; legal persons (social organizations) shall realize this right through their representatives;
б) to submit to organs of Organization offers on questions of its activity;
г) to participate in assemblies, conferences, seminars, and any other measures carried out by Organization;
д) to protect their social and professional rights and use any kind of consultative, legal and methodological help granted by Organization;
е) to withdraw from Organization at their own discretion.
4.3. Members of Organization are obliged actively to participate in accomplishment of its goals, observe the Charter and pay membership fee.
4.4. Membership in Organization is ceased on application of its member by the decision of the Presidium, Executive Board or an affiliated branch of Organization.
Member of Organization may be expelled from it in case of systematic default of payment of membership fee or gross violation of the Charter of Organization. The expulsion shall be executed by the Presidium after consideration and examination of arguments of the member of Organization.
Members who decided to withdraw from Organization shall have no right to property and assets of Organization.
The decision on expulsion from Organization may be appealed to the Executive Board or Assembly.
4.5. The amount of membership fee members of Organization shall be established by the Presidium of Organization pursuant to the affirmed estimate.
5. STRUCTURE OF ORGANIZATION AND THE SPHERE ITS ACTIVITY
5.1. Within the Russian Federation and foreign countries Organization may establish affiliated branches realizing its activity — organizations, branches or affiliates and representative offices.
Primary organizations may be established at associations, bars, legal offices and other lawyers' associations by its three members at least.
The organizations and branches act on the basis of the Charter of Organization or their own charters which do not contradict to the Charter of Organization;
affiliates and representative offices may act on the basis of the Provisions affirmed with presidium of Organization.
5.2. The activity of Organization is carried out on the territory of the Russian Federation, Republic of Kazakhstan, Republic of Latvia, Ukraine and on the territories of the countries where its affiliated branches are established.
6. EXECUTIVE ORGANS OF ORGANIZATION
6.1. The highest executive organ of Organization shall be the Assembly (congress) which shall be held every four years in the place defined by the Presidium or by the Executive Board of Organization.
6.2. The delegates elected by national and regional branches of Organization, and members of the Presidium, Executive Board and Auditing Committee participate in activity of Assembly.
The electoral quotient for the members representing national and regional branches shall established by the Executive Board of Organization.
The extraordinary Assembly shall be assembled by the President, Presidium or Executive Board of Organization under the initiative or on demand of one third of members of Organization in three-months term.
6.3. The assembly considers any questions related to accomplishment of the purposes and goals of Organization.
The following shall be referred to the exclusive competency of Assembly:
— adoption of the decision on foundation, reorganization or liquidation of Organization;
— affirmation of the Charter of Organization and the Provisions on the Auditing Committee or changes and supplements to them;
— election of the Presidium, Executive Board and Auditing Committee.
The decisions of Assembly shall be adopted by simple majority of votes of the delegates participating in it.
The decisions on the affirmation of the Charter and the Provisions on the Auditing Committee, on changes and supplements to them, on reorganization or liquidation of Organization may be adopted not less than two thirds of the elected delegates participate in Assembly.
At voting on reorganization or liquidation of Organization one vote from country, subject of federation or confederated states, on which territory Organization carries out its activity, shall be taken into account. The decision on liquidation or reorganization of Organization may not be adopted if the representatives of affiliated branches of Organization acting on territory of two or more states have voted against this.
6.4. The Assembly, by direct voting, shall elect for the period of 4 years the Presidium composed of the President (chairman of the Presidium), first vice-presidents, vice-presidents on directions of activity of Organization and one advocate from each member-country also as a vice-president, including subjects of the confederated states and federation, and also Executive Board and Auditing.
The President and first vice-presidents may be elected only from the advocates who have been members of the Bars for 10 years at least direct precedent to the election.
For their election more than fifty percent of votes of the delegates present on Assembly shall necessary.
6.5. The Executive Board of Organization hears the reports of the President on activities of the Presidium; affirms the estimate of the incomes and expenses of Organization; defines a structure, staff, size and system of the wage of the employees of Organization, co-opts new vice-presidents and members of Executive Board with their subsequent affirmation by Assembly; affirms purpose-oriented programmes of Organization, chiefs of constantly acting committees, commissions and other organs of Organization, debates other current questions of activity of Organizations which are not referred to exclusive competency of Assembly.
For realization of the goals of Organization Executive Board may found: advocates' fund and other funds, scientific and research institute of advocacy, committees and sections on various directions of activity of advocates, other organs of Organization, and affirmes their charters (regulations).
The Executive Board of Organization shall hold its sessions not less often than once annually and adopts decisions by a majority of present members of Executive Board.
6.6. The Presidium shall realize the rights of legal person on behalf of Organization and execute its responsibilities, and shall be assembled by the President not less often than once per one quarter and in a period between the sessions of Executive Board shall realize its powers.
6.7. The Auditing Committee shall be elected for the period of 4 years and shall act pursuant to the Provisions on Auditing Committee.
6.8. The President or on his mission one from the first vice-presidents shall organize and realize management of practical activity of the Presidium and its bodies, hiring and dismissing employees of Organization, representation of Organization, Executive Board and the Presidium in state, public and international organizations; shall call meetings of the Presidium and supervise over its activity, dispose asset, money resources of Organization; shall sign, on behalf of Organization and the Presidium, the documents and conclude contracts; shall open accounts in banks.
6.9. The vice—presidents representing the member-countries shall be co—chairmen of Executive Board and serially preside over its sessions, and fulfil responsibilities assigned to them by the Presidium.
7. ORDER OF MODIFING AND SUPPLEMENTING OF THE CHARTER OF ORGANIZATION
7.1. The exclusive right to make modifications and supplements to the present Charter shall be vested in Assembly of Organization pursuant to clause 6.3 of the present Charter. The decision on modifications and supplements to the Charter shall be adopted with the participation in Assembly not less than two thirds of elected delegates by simple majority of votes of the delegates present on Assembly.
8. SOURCES OF MONETARY RESOURCES AND OTHER ASSETS OF ORGANIZATION
8.1. Assets of Organization shall be formed by entrance and membership fees, voluntary payments and donations; incomes from lectures, exhibitions, lotteries, health improvement, sports and other measures; incomes from business activity of Organization, civil-law bargains, foreign economic activities of Organization, and other incomes not prohibited by the law.
8.2. The organization may own land lots, buildings, edifices, housing fund, transport, equipment, inventory, assets for cultural, educational, health-improving, monetary resources, shares other securities, other assets which are necessary for financial basis of activity of Organization.
Organization may own also establishments, publishing houses, mass media established and acquired at the expense of assets of Organization.
The federal act may establish kinds of assets that, for reasons of state and social security or pursuant to the international treaties of the Russian Federation, may not be owned by Organization.
8.3. The Organization shall be the owner of assets, belonging to it. Each separate member or participant of Organization shall have no right to the property belonging to Organization. Affiliated branches of Organizations act on the basis of the Charter of Organization shall have the right to operative management of assets assigned to them by the decision of the Presidium.
Affiliated branches which are independent subjects of Organization shall own the assets belonging to them.
8.4. The Organization may carry out business activity only so far as it is for achievement of the authorized purposes and goals, for the sake of which it is founded, and appropriate to these purposes. The business activity shall be carried out pursuant to the Civil Code of the Russian Federation and other laws of the Russian Federation.
The Organization may establish economic partnerships, companies, other economic enterprises and acquire assets for the purpose of business activity.
Economic partnerships, enterprises and other economic organizations founded by Organization shall settle payments with the appropriate budgets in the order and amount established by the legislation of the Russian Federation and other states.
An income of Organization from business activity shall not be distributed between its members or participants and may be used only for achievement of the authorized purposes and goals of Organization. Organization may use its assets for charitable purposes.
9. REORGANIZING AND LIQUIDATING OF ORGANIZATION
9.l. Reorganization of Organization shall be realized under the decree of Assembly. The state registration of a new public association (NGO) after reorganization shall be realized in the order established by the Federal Act of the Russian Federation “ On public associations ”.
9.2. Liquidation of Organization shall be realized under the decree of Assembly or under the decree of the court in the order and on the basis stipulated by the Federal Act of the Russian Federation “ On public associations ”.
9.3. The assets remained as a result of liquidation of Organization after meeting requirements of creditors shall be used for the purposes defined by the decree of Assembly, and in disputable cases — by the decree of the court. The decision on use of the remained assets shall be published by the liquidating commission in mass media.
9.4. The decision on liquidation of Organization shall be directed to the Ministry of Justice of the Russian Federation for expulsion of Organization from the State register of legal persons.
9.5. The documents on the staff of Organization after its liquidation shall be directed to the State Archive.