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Charter of the Public Organization "International Union (Commonwealth) of Advocates"

MOSCOW
Adopted by the resolution of the I IUCA Assembly on May 21, 1992, as amended on May 22, 1998 by the III Assembly, on May 26, 2004 by the V Assembly and on May 23, 2008 by the VI Assembly of the Public Organization "International Union (Commonwealth) of Advocates".

1. General Provisions

1.1 The Public Organization »International Union (Commonwealth) of Advocates», hereinafter referred to as »the Organization», is an international non-governmental non- profit public association established in the organizational-legal form of a public organization. The abbreviated name of the Organization is International Union (Commonwealth) of Advocates. The name of the organization in English is International Union (Commonwealth) of Advocates.

1.2 The activity of the Organization shall be based on the principles of voluntariness, membership, self-governance, legality and equality of advocates regardless of their race, nationality, citizenship, language, gender, religion and social origin. The activities of the Organization shall be public and information about its founders and program documents shall be publicly available.
 
1.3 In its activities, the Organization shall be guided by the Constitution of the Russian Federation, acts on public associations and advocacy, the Civil Code and other legislation of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, as well as the legislation of other states in the territory of which its structural subdivisions operate.

1.4 The Organization is a legal entity, owns separate property and is liable for its obligations with this property, may in its own name acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and defendant in court. The Organization has bank accounts, an independent balance sheet, estimates, seal, stamp, and letterheads with its name.
 
1.5 Location of the permanent governing body of the organization – the Presidium – Russia, 101000, Moscow, Pokrovka St., 1/13/6, 2 building.

2. Aims and purposes of the organization

2.1 The main objectives of the Organization include:
− promoting the strengthening of cooperation, solidarity and mutual assistance of advocates and advocates' public organizations of the CIS countries and other states;
− expansion of their international, professional and cultural relations;
− promotion of the principles and standards of advocacy recognized by the international community, the moral foundations of advocacy and guarantees of advocates' independence;
− promoting the improvement of the legal culture of the population;
− protection of the rights and freedoms, honor and dignity of members of the organization.

2.2 In order to fulfill the objectives specified in clause 2.1 of the Charter, the Organization shall carry out the following tasks:
− cooperates with international, national, regional unions, associations and with other public non-profit organizations of advocates;
− establishes a printed body of the Organization and engages in publishing activities;
− studies and spreads the experience of the best lawyers in the world;
− organizes international seminars, congresses and conferences;
− facilitates the exchange of experience of lawyers from different countries;
− organizes the exchange of delegations of lawyers between unions and associations of lawyers from different countries and regions;
− organizes lectures, exhibitions, lotteries and other cultural and recreational events;
− conducts an independent public legal examination of normative acts at the request of state bodies and public organizations, and assists in the development of legislation on advocacy and the legal profession;
− carries out other tasks stipulated by the legislation on public associations.

The organization shall not be entitled to carry out the functions established by the legislation of advocates' associations, advocates' chambers of entities of the Russian Federation or the Federal Chamber of the entities of the Russian Federation, or their bodies, as well as similar national and regional legal organizations of other states.

3. Rights and obligations of the Organization

3.1 The Organization has the right to:
− freely spread information about its activities;
− to participate in the development of decisions of public authorities and local self-government bodies in the order and to the extent provided for by the legislation of the Russian Federation and other states;
− to hold meetings, scientific and practical conferences, lectures, seminars and other events authorized by law;
− establish mass media and carry out publishing activities;
− carry out foreign economic and other activities provided for by generally recognized norms of international law, the legislation of the Russian Federation and other states on public associations;
− represent and protect its rights and the legitimate interests of its members in state authorities, local self-government bodies and public associations;
− exercise in full the powers provided for by the laws on public associations;
− take initiatives on various issues of public life and make proposals to public authorities.

The exercise of the above rights of the Organization may be restricted by the laws of the Russian Federation and other states on public associations or international treaties.

3.2 The Organization is obliged:
− to comply with the legislation of the Russian Federation and other states on the territory of which it operates, as well as the generally recognized principles and norms of international law relating to the scope of its activities and the norms stipulated by its Charter;
− to publish annually a report on the use of its property or make the said report available for familiarization;
− to annnually inform the Ministry of Justice of the Russian Federation about the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the heads of the Organization to the extent of information included in the unified state register of legal entities;
− to provide, at the request of the Ministry of Justice of the Russian Federation, decisions of the governing bodies and officials of the Organization, as well as annual and quarterly reports on its activities to the extent of information provided to the tax authorities;
− to allow representatives of the Ministry of Justice of the Russian Federation to attend events held by the organization;
− to assist representatives of the Ministry of Justice of the Russian Federation in getting acquainted with the activities of the Organization in connection with the achievement of its statutory objectives and compliance with the legislation of the Russian Federation;
− to provide members of the Organization with the necessary information on the Organization's activities;
− to inform the federal state registration authority of the amount of money and other property received by the Organization from international and foreign organizations, foreign citizens and stateless persons, of the purposes of their expenditure or use, and of their actual expenditure or use in the form and within the time limits established by the Government of the Russian Federation;
− to inform the body that made the decision on the state registration of the Organization about changes in the information specified in paragraph 1 of article 5 of the Federal Law »On the State Registration of Legal Entities and Individual Entrepreneurs« within three days of such changes.

4. Membership in the Organization

4.1 Advocates of any state and legal entities – unions, associations and other public organizations of advocates who recognize this Charter and voluntarily express their wish to join the Organization can be members of the Organization.
Academics, lawyers, public figures and legal entities i.e. public associations actively contributing to the implementation of the goals and objectives of the Organization may be admitted to the Organization. When the Organization is established, its founders automatically become its members and acquire the corresponding rights and obligations. Admission to membership in the Organization is made by the Presidium, the Board or structural subdivisions of the Organization. To join the Organization it is necessary to send an application in the form established by the Presidium. Admission, as well as withdrawal from the Organization of legal entities — public associations is carried out on the basis of a decision of the governing body of the relevant association. Admission to membership of foreign citizens residing or working in the CIS countries or other foreign countries is carried out by the structural subdivisions of the Organization
established in the respective countries. Members of the Organization — natural and legal persons — have equal rights and bear equal responsibilities.

4.2 Members of the Organization have the right
− to elect and be elected to the governing and control and revision bodies of the Organization, as well as to control their activities; legal entities — public associations exercise this right through their representatives;
− to submit proposals on issues of the organization's activity for discussion by the bodies of the Organization;
− to participate in the work of assemblies, conferences, seminars, as well as in all other events held by the Organization;
− to enjoy the protection of their social and professional rights, as well as all types of advisory, legal and methodological assistance provided by the Organization;
− to withdraw from the Organization at their own discretion.

4.3 Members of the Organization are obliged to actively participate in the implementation of its tasks, to observe the Charter and to pay membership fees.

4.4 Membership in the Organization is terminated upon application of its member by the decision of the Presidium, the Board or a structural unit of the Organization. A member of the Organization may be expelled from its membership in case of systematic non-payment of membership fees or gross violation of the Charter of the Organization. Expulsion is made by the Presidium after consideration and verification of the arguments of the member of the Organization. Members expelled from the Organization have no right to claim the property and funds of the Organization.

The decision on expulsion from the Organization may be appealed to the Board or the Assembly.

4.5 The amount of membership fees of the Members of the Organization shall be established by the Presidium of the Organization in accordance with the approved estimate.

5. Structure of the organization and scope of its activities

5.1 In the Russian Federation and in foreign countries, the Organization shall establish and carry out its activities its structural subdivisions — organizations, branches or affiliates and representative offices. Organizations and branches shall act on the basis of the Charter of the Organization or their own charters not contradicting it, and branches and representative offices in accordance with the regulations approved by the Presidium of the Organization.

5.2 The activity of the Organization shall be carried out on the territory of the Republic of Belarus, the Republic of Georgia, the Republic of Kazakhstan, the Russian Federation, Ukraine, as well as on the territory of those states where its structural subdivisions will be established. The Kazakh branch of the International Union (Commonwealth) of Advocates »Public Association International Union (Commonwealth) of Advocates« shall operate in the Republic of Kazakhstan. The location of the branch is 167 Zharokov St., Almaty, Republic of Kazakhstan.

6. Governing Bodies of the Organization

6.1. The supreme governing body of the Organization shall be the Assembly. It shall meet every four years at a place to be determined by the Presidium or the Board of the Organization. The Assembly shall be deemed competent if at least two thirds of the delegates of the Members of the Organization are present.

6.2 The norm of representation from the Members of the Organization — natural and legal persons, as well as the procedure for the election of delegates shall be established by the Presidium of the Organization.

Extraordinary Assembly shall be convened by the President, the Presidium of the Board or the Revision Commission of the Organization on its own initiative or at the request of one third of the Members of the Organization within three months.

6.3 The Assembly shall consider any issues related to the implementation of the goals and objectives of the Organization, including:
− determines the main directions of the Organization's activities;
− hears and approves the report of the President on the activities of the Organization and the report of the Revision Commission on the financial and economic activities of the Organization for the reporting period;
− establishes committees and other bodies of the Organization, as well as institutions and economic organizations and structural subdivisions of the International Union (Commonwealth) of Advocates;
− decisions on matters not falling within the exclusive competence of the Assembly shall be taken by a simple majority of votes of the delegates present at the Assembly.

The exclusive competence of the Assembly shall include:
− deciding on the reorganization or liquidation of the Organization;
− approval of the Charter of the Organization and the Regulations on the Revision Commission, as well as making amendments and additions to them;
− election of the Presidium, the Management Board and the Revision Commission;
− early termination of powers and re-election of members of the Presidium, Board and Revision Commission;
− decisions of the Assembly on these issues shall be adopted by a qualified majority of two-thirds of the votes of the delegates present at the Assembly.

When voting on the reorganization or liquidation of the Organization, one vote per country, as well as per entity of the Russian Federation, on the territory of which the Organization operates. The decision on liquidation or reorganization of the Organization cannot be made if the representatives of the structural subdivisions of the Organization operating on the territory of two or more states voted against it.

6.4 The Assembly by direct vote for a period of 4 years elects from among the members of the Organization the Presidium consisting of the President (Chairman of the Presidium), senior Vice-Presidents, Vice-Presidents by the area of activity and Vice-Presidents one from the lawyers’ community of each country, including the entities of the Federation, as well as the Board and the Revision Commission.

6.5 The Board of the Organization shall be its executive body. The Board of the Organization shall hear the reports of the President on the work of the Presidium, approve the estimate of income and expenses of the Organization, determine the structure, staff, amount and system of remuneration of the employees of the Organization, approve the target programs of the Organization, the heads of the standing committees, commissions and other bodies of the Organization, discuss other current issues of the Organization's activity that are not within the exclusive competence of the Assembly.

The Management Board of the Organization meets at least once a year. A meeting of the Management Board is competent if at least half of the Management Board members are present at the meeting. A decision shall be made by a simple majority of votes of the Board members present.

6.6 The Presidium is a permanent governing body of the Organization, exercises the rights of a legal entity on behalf of the Organization and performs its duties, is convened by the President at least once a quarter and in the period between the meetings of the Assembly exercises its powers that are not within the exclusive competence of the
Assembly. A meeting of the Presidium shall be competent if at least half of the members of the Presidium are present. A decision shall be taken by a simple majority of votes.

6.7 The Revision Commission shall be elected for a term of 4 years and shall act in accordance with the Regulations on the Revision Commission.

6.8 The President acts without power of attorney on behalf of the Organization and its Presidium, represents the interests of the Organization in international, state, public and other commercial and non-commercial organizations in Russia and abroad, disposes of funds and property of the Organization, opens settlement and other accounts in the bank, has the right of first signature on financial documents, signs documents, issues and signs powers of attorney on behalf of the Organization, concludes contracts and makes other transactions.

The President ensures the implementation of the decisions of the Assembly, the Board and the Presidium of the Organization, convenes a meeting of the Presidium and directs its work, signs the decisions made by the Presidium, issues orders and instructions, hires and dismisses the staff of the Presidium, distributes duties among them and determines their powers. The President may delegate part of his/her powers to one of the Vice- Presidents of the Organization.

6.9 Vice-Presidents from advocates of each state shall be co-chairmen of the Board and
shall preside at its meetings in turn, as well as fulfill the duties assigned to them by the
Presidium.

7. Sources of formation of monetary funds and other property of the Organization

7.1 The property of the Organization is formed on the basis of admission and membership fees, voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, health-improving, sports and other events; income from
entrepreneurial activities of the Organization, civil law transactions, foreign economic activities of the Organization, as well as other receipts not prohibited by law.

7.2 The Organization may own land plots, buildings, structures, constructions, housing stock, transport, equipment, inventory, cultural, educational and health-improving property, money, shares, other securities and other property necessary for the material support of the Organization's activities. The Organization may also own institutions, publishing houses, mass media created and acquired at the expense of the Organization. Federal law may establish types of property that for reasons of state or public security or in accordance with international treaties of the Russian Federation may not be owned by the Organization.

7.3 The Organization is subject to the right of ownership of the property belonging to it. Each individual member of the Organization has no ownership rights to a share of the property belonging to the Organization. Structural subdivisions of the Organization acting on the basis of a single Charter of the Organization shall have the right of operational management of property assigned to them by decision of the Presidium.  Structural subdivisions that are part of the Organization as independent subjects of law shall have the right of ownership of the property belonging to them.

7.4 The Organization may carry out entrepreneurial activities only insofar as they serve the achievement of the statutory objectives for which it was established and are consistent with those objectives. Entrepreneurial activity is carried out in accordance with the Civil Code of the Russian Federation and other legislative acts of the Russian Federation. The Organization may establish business partnerships, societies and other business organizations, as well as acquire property intended for entrepreneurial activities. Business partnerships, societies and other economic organizations established by the Organization shall make payments to the respective budgets in the order and amounts established by the legislation of the Russian Federation and other states. The Organization's income from entrepreneurial activities may not be redistributed among its members and must be used only to achieve its statutory objectives. It is allowed for the Organization to use its funds for charitable purposes.

8. Procedure for reorganization and liquidation of the Organization

8.1 Reorganization of the Organization shall be carried out by resolution of the Assembly. The state registration of a newly formed public association after reorganization shall be carried out in accordance with the procedure established by the Federal Law »On Public Associations».

8.2 Liquidation of the Organization shall be carried out by resolution of the Assembly or by court decision in accordance with the procedure and on the grounds stipulated by the Federal Law of the Russian Federation »On Public Associations».

8.3 The property remaining as a result of liquidation of the Organization after satisfaction of creditors' claims shall be used for the purposes determined by a resolution of the Assembly, and in disputable cases — by a court decision. The decision on the use of the remaining property shall be published by the liquidation commission in the press.

8.4 The decision on the liquidation of the Organization shall be sent to the Ministry of Justice of the Russian Federation for exclusion from the unified state register of legal entities.

8.5 After the liquidation of the Organization, personnel records of the staff members are sent to the state archive for storage.

Procedure for Individual Members to Join the International Union (Commonwealth) of Advocates

To join our Union you need to provide the following:

1. A free-form application with your contact details addressed to the President of the International Union of Advocates, Alexey Pavlovich Galoganov;
2. A 3x4 cm photo;
3. A copy of the lawyer's license (or a copy of the diploma on legal education).
4. Payment of the entrance membership fee (2000 rubles) and the choice of renewal of your license (period of validity for 1 or 2 years at your discretion; 1 year of membership – 2000 rubles).

You can send all the above by post with a simple letter to the following address:
Moscow, Pokrovka St., 1/13/6, 2 building, office of the International Union (Commonwealth) of Advocates.

Cooperation Agreement

Public organization "International Union (Commonwealth) of Advocates", hereinafter referred to as "Union", represented by its President Alexey Pavlovich Galoganov, acting on the basis of the Charter, on the one hand, and "(name of organization)", hereinafter referred to as "Chamber (Collegium)", represented by (full name), acting on the basis of the Federal Law, on the other hand, have concluded this contract of cooperation.

1. Subject

1.1 The Parties shall join their efforts to ensure the exchange of experience and cooperation of advocates _______, other regions of Russia and CIS countries, as well as the organization of events to improve their professional level and business skills.

2. The Parties agree:

2.1. To regularly exchange information on their activities and planned events.

2.2. To hold joint round tables, meetings and seminars on exchange of work experience.

2.3. To take part in scientific and practical conferences organized by the parties in ________ and abroad on the problems of the Russian and international advocacy.

3. The Union

3.1 Regularly publishes in the »Advocate« newspaper materials about the events held to improve the professional knowledge of advocates and sends the necessary number of copies of the newspaper to the Chamber (Collegium).

3.2. Provides methodical assistance to advocates ________ and gives them an opportunity to use literature on international law and legislation of foreign states.

4. The Chamber (collegium or other advocates' organization)

4.1 Actively participates in the development of international cooperation of advocates, takes part in events organized by the Union and transfers to the settlement account of the Union monthly __________ rubles for the conduct of its statutory activities.

5. Final provisions

5.1 The contract is concluded for ___ year(s), but may be terminated by either party with one month's notice. If at the end of the contract term neither party requests its termination or amendment, the contract shall be deemed extended for a new ____ term on the same terms and conditions.

6. Legal addresses of the parties:

Public Organization
International Union
(Commonwealth) of Lawyers
101000, Moscow,
Pokrovka St, 1/13/6, building 2
8(495) 628-42-80

President of the IU(C)A – A.P. Galoganov

Content

Charter of the Public Organization "International Union (Commonwealth) of Advocates"
Procedure for Individual Members to Join the International Union (Commonwealth) of Advocates
Cooperation Agreement
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© 2022 MCCA.MOSCOW. All rights reserved
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