ARTICLES OF ASSOCIATION OF THE UNION OF ARTSAKH FREEDOM FIGHTERS
CHAPTER 1. General Provisions
CHAPTER 2. The Goals and Objectives of the Union
CHAPTER 3. The Rights of the Union
CHAPTER 4. The Obligation of the Union
CHAPTER 5. The Liability of the Union
CHAPTER 6. The State and the Union
CHAPTER 7. Membership
CHAPTER 8. The Rights and Obligations of the Members of the Union
CHAPTER 9. The Organizational Structure of the Union
CHAPTER 10. The Separate Departments of the Union
CHAPTER 11. The Property of the Union, its Sources and Utilization
CHAPTER 12. The Sizes of the Membership Fees
CHAPTER 13. The Liquidation of the Union
1. GENERAL PROVISIONS
1.1 The Union of Artsakh Freedom Fighters(hereinafter referred to as the Union) is a voluntary non-governmental organization, based on the interests of participants and supporters of defense of the Republic of Artsakh and the Republic of Armenia.
1.2 The legal basis of activity of the Union are the Constitution of the Republic of Artsakh, the effective legislation of the Republic, the international treaties signed on behalf of the Republic of Artsakh and these Articles of Association.
1.3 The Union operates in accordance with the principles of voluntariness, equality of rights, self-management and transparency.
1.4 The Union operates throughout the entire territory of the Republic of Artsakh.
1.5 The administration of the Union is located in Stepanakert, 9 N. Stepanyan Str. , tel:4-54-61.
1.6 The official name of the Union
in Armenian is: Արցախի ազատամարտիկների միություն.
in Russian: Союз воинов-освободителей Арцаха.
in English: The Union of Artsakh Freedom Fighters.
The abbreviation of the Union is formed by the first letters of its full name: UAFF
1.7 The symbol of the Union is an open-winged eagle placed on the vertical flag of the Republic of Artsakh, which symbolizes sword and cross at the same time. Around the eagle on the top of the flag is a framed inscription ”The Union of Artsakh Freedom Fighters”.
1.8 The Union supports the multilateral cooperation with all state, public and political organizations, as well as with natural persons, who share the goals and objectives of the Union and ready to cooperate.
2. THE GOALS AND OBJECTIVES OF THE UNION
The goals and objectives of the Union are
2.1 To support strengthening of the native country and the reunion with historical motherland guided by the principle ”One nation, one motherland, one state”.
2.2 In case of necessity to have organized participation in the defense of the armenian statehood and provide the security of the armenian nation.
2.3 Through the structures and the departments of the Union to support strengthening the military forces of the Republic of Artsakh and military-patriotic education of teenagers and youngsters.
2.4 To contribute to the improvement of social living conditions of the families of disabled persons, Missing persons and deceased, to render them financial and moral assistance, to support to the defense of their civil rights and legal interests.
2.5 To cooperate with the organizations and educational centers, to involve them into the realization of the statutory goals and objectives of the Union.
2.6 To render free economic and legal services to its members in order to defend their legal interests and support economic enterprises.
2.7 To cooperate with public authorities, political and religious organizations and enterprises in order to realize the objectives prescribed by the Articles of Association.
2.8 To contribute to the realization of preaching directed to the consolidation of national thinking and ideology as far as possible.
3. THE RIGHTS OF THE UNION
3.1 The Union acquires the status of juridical person after the state registration and accepts all the rights and responsibilities of juridical person corresponding to legislation.
a) The Union has separate property, independent balance sheet, name and settlement account in banks both in national and foreign currency.
b) The Union can acquire property and non-property rights and bear proper duties, and be a plaintiff and defendant in Court.
c) The Union itself decides its organizational structure, objectives, goals and forms of activity.
3.2 In order to realize the goals and objectives prescribed by the Articles of Association the Union is entitled to
a) spread information about its activity
b) create news media
c) organize peaceful meetings, rallies, demonstrations and processions.
d) introduce and defend the rights and legal interests of the Union and the members of the Union in other non-governmental organizations, court, state governmental and local self-governmental authorities.
e) realize entrepreneurial activity through the enterprises established by itself.
f) acquire, get, rent or use for free real property, fixed assets, transport and any legal property under the procedure established by law.
g) sign any legal contracts and transactions.
h) alienate, lease or to give for free use its real and moveable property
i) form its financial resources, including the borrowed funds, to obtain credits in the Republic of Artsakh, in the Republic of Armenia and in foreign countries including with foreign currency.
j) acquire or obtain any legal financial resources and manage them on its own
k) realize independent external activity, including signing agreements with foreign non-commercial and non-governmental organizations, to become a member of international organizations, to send on a mission its members and others to foreign countries, to invite citizens from other countries, to form separate departments in foreign countries corresponding to the legislation of that country.
The Union is entitled to be engaged in any legal activity.
4. THE OBLIGATIONS OF THE UNION
4.1 The Union is obliged to
a) to publish the annual report of the utilization its property
b) once a year to inform the State Judicial Administration about the continuation of its activity
c) to send the passport data of newly-elected members of its authorities to the Ministry of Justice in 5 days
d) on the request of the Ministry of Justice to introduce the copies of decisions of its Supreme authorities.
e) to inform the the Ministry of Justice about the formation of the separate department in 5 days
f) to allow the representative of the Ministry of Justice to be present in the sessions of its authorities.
g) to keep a record of its members
5. THE LIABILITY OF THE UNION
5.1 The Union is liable for its obligations with all property belonging to it by the procedure prescribed by the law.
5.2 The Union is not liable for the obligations of the state, thus the state is not liable for the obligations of the Union.
5.3 The Union is not liable for the obligations of its members, thus the latter are not liable for the obligations of the Union. Losses caused to a natural or juridical person as the result of the illegal actions of the state, are subject to compensation by the state in accordance with the law.
6. THE STATE AND THE UNION
6.1 The State guarantees the defense of rights and legal interests of the Union. The interference in activity of the Union by State or a public figure is prohibited by law.
6.2 Losses caused to the Union or infringement of the rights of the Union in the result of the illegal actions or non-performance of their obligations of the public authorities or a public figure are subject to compensation by that body in accordance with the legislation of the Republic of Artsakh.
6.3 The rights and freedoms of the person can not be restricted on the ground of membership of the Union.
6.4 Requirements of notification about the membership of the Union are forbidden.
7.1 Membership in the Union is open to any person, who took part in or supported to the defensce of the Republic of Artsakh and the Republic of Armenia, who accepts the Articles of Association of the Union and the goals and objectives prescribed in it and who wants to take part in the activity of the Union.
7.2 The membership in the Union is voluntary, except the cases when the member is expelled from the Union by the decision of the administration.
7.3 Each citizen who wants to become a member of the Union should apply to administration through the communal and regional councils. Besides the application the applicant should submit reference about the participation in the military actions or about support to the defense given by the commanding officer or military commissar. The reference should be confirmed by the proper council.
7.4 The admission of any members is decided by the administration of the Union. The rejection of application can be appealed to the conference of the Union. All members of the Union are given membership cards.
7.5 Members of the Union pay membership fees monthly.
7.6 The Union can have honorary members.
8. THE RIGHTS AND OBLIGATIONS OF THE MEMBERS OF THE UNION
8.1 The member of the Union is entitled
a) to vote or be elected as a Head of the Union or in other offices
b) in order to improve the affairs of the Union to submit applications, appeals and proposals to the authorities, as well as to take various initiatives.
c) in a case of necessity to get fully information about the activity of the Union.
d) to get out of the Union on his own will
e) in a case of necessity to get legal, economic and other professional aid for the defence of his legal interests
f) to take part in the events organized the Union
8.2 The member of the Union is obliged to
a) to contribute to enhance the reputation of the Union, not to act in a manner which will reflect negatively on the reputation of the Union
b) to refrain from political comments and estimations about any events on behalf of the Union without agreement of the administration and the head of the Union
c) to fulfill the requirements prescribed by the Articles of Association, obey to the decisions of the authorities
d) to fulfill his obligations consistently
8.3 In a case of infringement of the requirements prescribed by the Articles of Association the communal or regional council, the administration of the Union, the conference can execute disciplinary punishment up to dismission from the Union. The dismission of any member is effected by the administration upon the recommendation of the communal or regional council. Any decision about the dismission can be appealed in conference of the Union.
8.4 The member of the Union can not be a member of the party, whose ideology is not appropriate with the political views and interests of the Union.
8.5 The fact that the member of the Union belongs to any political party should not affect the unity of the Union or obstruct to the expression of united political position of the Union.
9. THE ORGANIZATIONAL STRUCTURE OF THE UNION
9.1 Community Association
The structural basis of the Union is community association
a) community association is formed on communal or purposeful principles
b) the governing body of community association is the council of community association. The quantity of members of the council depends on the quantity of members of the community association and prescribed by the Articles of Association of the Union.
c) The council of community association, which have up to 50 members of the UAFF, is comprised of 5to 7members, from 51 to 100 is comprised of 7 to 9 members, from 101 to 500 is comprised of 11 to 13 members, above 501 is comprised of 15 to 17 members.
d) The staff of the council of community association is elected in a General Meeting of association by a simple majority of votes for three-year term. By the decision of the Meeting the election can be held by open vote or secret ballot.
e) the head of the council of community association is elected in General Meeting of association by a simple majority of votes for three-year term by open vote or secret ballot.
f) community association has Meeting at least once a year. The Meeting is competent, if two-thirds of the total number of its members participate in it. The Meeting confirmes the agenda submitted by the council. Decisions are made by a simple majority of votes by open vote or secret ballot.
g) the council of community association is accountable to the regional council
h) the council of community association has sessions at least once in three months
i) the council is entitled to held an extraordinary elections of community association in a presence of two-thirds of votes of its members
9.2 Regional Association
a) regional associations of the UAFF are formed in Stepanakert and in the administrative regions of the Republic of Artsakh and involve community associations of that territory
b) regional association is managed by the council of the regional association, while in the period between sessions by the presidency of the council, which consists of president of the council, his deputy(deputies), the presidents of community associations and other members of the Union.
c)the quantity of members of the council is decided by the Conference of the association. The Conference elects the president of the association and members of the council for three-year term by open vote or secret ballot. The quantity of members of the presidency is decided by the council of association. The council of association elects members of the presidency by open vote or secret ballot.
In a case when the president of community association is elected as a president of the council of the regional association, a new president of council of community association should be elected in 5 days. Premature elections can be held by the decision of the council.
d) council of the regional association has sessions at least one time in three months, while the presidency of council has sessions once in a month. The council can have extraordinary sessions upon the request of two-thirds of its members.
e) in a case of necessity the council of regional association can convoke an extraodinary conference on its own initiative
f) in a case of necessity the council of regional association can form standing committees from its members
g) regional association is accountable to the administration of the UAFF
h) it is inadmissible to make any announcements and estimations on behalf of the regional association or the council of regional association
9.3 The administration of the Union
a) the administration of the Union is elected by the Conference of the Union. The administration manages the Union in the period between conferences.
b) Controls the process of realization of goals and objectives prescribed by the Articles of Association in regional and community associations.
c) Establishes an order of payment of membership fees and expediency of use of the money
d) The quantity of members of the administration is decided by the Conference of the Union. The members of the administration are elected by the Conference , from the candidates, who got more votes, by open vote or secret ballot.
e) The administration elects the head of the Union and his dеputies for ideological and organizational affairs from its staff for three-year term by simple majority of votes by open vote or secret ballot.
f) An extraordinary elections can be held by the decision of the administration
g) the member of the administration can not be a member of oversight committee, as well as a member of governing bodies
h) The member of administration can suspend his activity in administration. The suspension of the member can be discussed upon the request of the president of administration or one-thirds of members of administration. The decision is made by a simple majority of votes by open vote or secret ballot.
i) In a case of necessity the administration can convoke enlarged session with a participation of invited persons.
j) The administration in accordance with the spheres of its activity forms committees from its staff and systematize their activity
k) The presidency of the administration is formed of the president of the administration, his deputies and the presidents of committees. The presidency of the administration should have sessions at least one time in two months.
l) The administration convokes conference(supreme organ of the Union) one time in three years. An extraordinary conference can be convoked upon the request of the two-thirds of the members of administration. The resolutions of the conference are adopted by the a simple majority of votes
m) Decides the admission and dismission of the member from the Union
n) Drafts and puts into action the statutory documents of the Union, makes announcements and proposals on the behalf of the Union
o) Establishes, restores and liquidates the structural units of the Union(representative offices and branches), confirmes their Articles of Associations.
p) Controls the activity of the news media and publishing services of the Union
q) The sessions are competent if more than half of its members participate in it. The sessions of the administrations can be convoked in a case of necessity at least one time in a three months. The decisions of the administration are adopted by a simple majority of votes. In a case of equality of votes, the vote of president of administration is decisive.
r) The administration is accountable to the conference of the Union
s) the administration is competent if there is more than half of its members
9.4 The Head of the Union
a) the president of the administration of Union is officially the Head of the Union
b) the Head of the Union convokes the sessions of administration and systematizes the activity of the administration and oversight committee.
c) chairs the sessions of administration and the sessions of the presidency of administration and signs its minutes(resolution)
d) can have any rights given by the conference and the administration
9.5 The conference of the Union.
a) The conference of the Union is the supreme organ of the Union
b) The conference of the Union is entitled
-to adopt the Articles of Association of the Union, to make amendments in it
-to elect and recall the authorities of the Union
-to elect the oversight committee
-to reorganize and liquidate the Union
c) the order of convocation of conference is determined by the administration, whereas the order of adoption of resolutions is determined by the conference.
d) The conference is competent if more than half of its delegates participate in it
9.6 The Oversight Committee of the Union
a) the oversight committee of the Union is elected by the conference, whereas the president of the committe is elected by the committee
b) the committee convokes sessions in a case of necessity
c) the decisions of the oversight committee are adopted by a simple majority of votes
d) the oversight committee controls the realization of decisions of the Union and the keeping of property, checks the documents of the Union, including balance sheet at least once in a year
e) the oversight committee can require any references from the employees of the Union
f) the oversight committee is obliged to give an account to the conference of the Union. The members of the committee can not be elected or appointed in the authorities of the Union, but can participate in it with a deliberative vote.
10. THE SEPARATE DEPARTMENTS OF THE UNION
10.1 In order to realize its statutory goals and objectives the Union can establish separated departments:branches and representative offices.
10.2 The departments of the Union can have their stamps.
11. THE PROPERTY OF THE UNION, ITS SOURCES AND UTILIZATION
11.1 The property of the Union is a joint ownership. The Union can own buildings, constructions, apartment fund, means of transport, equipment, financial resources, shares, stocks and other legal property. The member of the Union has no right of share to the property of the Union.
11.2 The sources of ownership of the Union are
-the membership fees, financial investments, the transmissions of proprietary rights
-credits from banks
-charity investments, donations of the citizens and organizations
-the money from the enterprises, established by the Union
11.3 The property of the Union in the territory of the Republic of Artsakh and in a abroad is under the protection of the Republic of Artsakh.
11.4 The Union may be deprived of property only by a court in cases prescribed by law.
11.5 The resources of the Union can be used only for the realization of its statutory goals and objectives. The organizational expenses should not exceed 70% of annual expenses.
12. THE SIZES OF THE MEMBERSHIP FEES
12.1 The member of the Union pays membership fees monthly.
-those who have full-time job in the sum of 1% of the salary
-the pensioners and invalids, who do not work in the sum of 20 AMD
-the members who do not work in the sum of 10 AMD
13. THE LIQUIDATION OF THE UNION
13.1 The liquidations of the Union entails its termination without passage of rights and duties by way of legal succession to other persons. The Union may be liquidated by a decision of the conference or the court. The conference of the Union is obliged to inform the Ministry of Justice about its liquidation in a period of 5 days.
13.2 The conference of the Union with the agreement of the Ministry of Justice should form a liquidation commission and establish, in accordance with law, the procedure and time periods of liquidation. Property of the Union remaining after payments is used for the realization of the statutory goals and objectives of the Union.
13.3 In a case of liquidation payment of monetary sums to creditors of the Union should be made in the order of priority established by law.
13.4 The amendments in the Articles of Association should be made by its affirmation and state registration.