NGO “For the right of citizens to environmental safety” STATUTE

12:35 15.07.11

STATUTE of the Non-governmental organization Social movement of Ukraine “For the right of citizens to environmental safety”

І. GENERAL PROVISIONS
1. The Non-governmental organization Social movement of Ukraine “For the right of citizens to environmental safety” /hereinafter referred to as – the Non-governmental organization/ is a voluntary not-for-profit all-Ukrainian non-governmental organization that in circumstances of forming the law-governed state aims at the securing of ecological safety as a priority right, and environmentally sound native habitat as a basic right of every citizen for the safe environment (as regards life and health) and the recovery of damages caused by the violation of that right.
2. The non-governmental organization acts based on voluntary participation, equality of its members, self-government, publicity, legality, unity of interest, and is an independent non-governmental organization.
3. The non-governmental organization may cooperate with state, public and other organizations, institutions and associations, movements, scientific establishments and individuals focused on the solution of tasks common with the non-governmental organization.
The non-governmental organization may, on cooperation and sharing of experience basis, contact with environmental, medical, legal institutions and organizations, scientific establishments, ecological associations and organizations, ecological associations and organizations of other countries, international environmental institutions and associations, etc.
4. The non-governmental organization is an independent legal body from the date of its state registration as prescribed by the effective legislation; is has separate property, bank accounts, round seal with its full name, stamps, flag and emblem, button, other attributes and marks, design of which is approved by the Presidium of the Central Council of the Non-governmental organization. The marks are registered in accordance with the procedure established by law.
The marks of the Non-governmental organization can be made only pursuant to the decision of the Presidium of the Central Council of the Non-governmental organization.
Crimean republican, regional, Kyiv and Sevastopol city, district branches of the Non-governmental organization, as well as other divisions are subject to this Statute in their activities and lodged with powers of a legal entity in the manner prescribed by the law, on the resolution of the Presidium of the Central Council of the Non-governmental organization.
5. The full name of the Non-governmental organization is:
- in Ukrainian – Громадська організація «Громадський Рух України «За право громадян на екологічну безпеку»

- in Russian – Общественная организация «Общественное движение Украины «За право граждан на экологическую безопасность».

6. Short name of the Non-governmental organization is:
- in Ukrainian - ГО «ГРУ «За право громадян на екологічну безпеку»
- in Russian – ОО «ОДУ «За право граждан на экологическую безопасность».
7. The Non-governmental organization had been incorporated and acts in accordance with the Ukrainian legislation in force – Constitution of Ukraine, Laws of Ukraine “About uniting the nationals”, “About environmental protection”, “About property”, “About wastes”, “About outside air protection”, Water Code of Ukraine, Land Code of Ukraine, other laws and regulations, international agreements of Ukraine and this Statute.
8. The State provides for the compliance with rights and legal interests of the Non-governmental organization. Officials and government intervention in the Non-governmental organization’s activities is not allowed, unless provided by the law.
9. The Non-governmental organization may, in its own name, act as a participant of civil-law relations, acquire property and personal non-property rights, bear responsibilities, act as a plaintiff and defendant before the court.
10. The Non-governmental organization acts having all-Ukrainian status in the entire territory of Ukraine.
11. The Non-governmental organization’s location is at 16, Oles Gonchar Street, Dnipropetrovsk, Ukraine, 49005.

ІІ. OBJECTIVES AND TASKS OF THE NON-GOVERNMENTAL ORGANIZATION
12. The main objective of operations of the Non-governmental organization is the enforcement and protection of rights of its members for:
12.1. Guaranteed environmentally sound natural habitat for life and health and the recovery of damages caused by the violation of that right;
12.2. Involvement in securing the environmental support, protection from the negative ecological impact and rational use and recovery of nature;
12.3. Involvement in resource conservancy and use issues, in particular, requiring other individuals and legal entities to follow environmental safety rules and, as prescribed by the law, set veto on activities of individuals damaging the environment;
13. Based on the assumption that real state of healthy natural environment is mainly characterized by ecological and social and medical parameters, such as any genetic, psychical, physiological, pathologic and other affects in specific natural and social environment and human lifetime, and the condition of the exercise of right for environmental safety is performing prophylactic actions for securing the stable healthy (green, clean) environment, the task of the Non-governmental organization is:
13.1. Public control over securing the environment protection (as an important prerequisite of human life and health) by the state, business entities and citizens through the animate and inanimate nature preservation, protection of people from the negative ecological impact through the achievement of harmonic cooperation of a person, society and nature, rational use and recovery of natural resources;
13.2. Involvement in forming the state ecological policy by forwarding proposals to the government bodies and administrations and local authorities; involvement in making decisions, implementation of which affects significantly the state of environment; carrying research and practice conferences, roundtable discussions, seminars covering environment protection issues free of charge, and/or for its members;
13.3. Free access of citizens to the information about the state of environment through the creation and operation of the ecological automated analysis information system network;
13.4. Free legal aid concerning ecological insurance in accordance with the Ukrainian legislation, assistance in the recovery of damages to life, health and property following violation of the environmental protection law and the ecological safety requirements;
13.5. Assistance in forming the ecological conscienceness, stiffening ecological education and culture  level of members of the Non-governmental organization by means of the environmental state extension, issuing ecological publications through publishing houses incorporation;
13.6. Assistance in public participation in environment impact assessment by means of mass media, written comments, proposals and recommendations, introduction of representatives of the Non-governmental organization to the committees of experts, groups of civil environmental impact assessment, as provided by the effective legislation;
13.7. Pursuant to the legislation in force, participation in reviews of performing conservation plans and measures by entities, institutions and organizations that are carried out by authorized agencies of state administrations in environmental protection;
13.8. Detection of excessive allowable emissions to the atmosphere and water; aquatic contamination and clogging of waters; land contamination with chemical substances and radiological agents, waste water, process, consumer and other waste; levels of adverse effect of physical (acoustic, electromagnetic, ionizing and other) and biological (microbial strain, bioactive substances) factors;
13.9. Detection of concealing, misstatement facts, delivery of unreliable information regarding:
a) real volumes of emission and pollutants discharge to the atmosphere and water;
b) safety and behavior as regards wastes generation, including their emergency discharge and corresponding consequences;
c) types and stages of physical and biological factors impact on the state of open air, human health and life;
13.10. In accordance with the effective legislation, assist and participate in the detection by competent government agencies of violation of process and consumer waste warehousing and recovery rules (established by the legislation); transportation, storage and utilization of pest killers and agrochemicals that cause environmental pollutant;
13.11. In accordance with the effective legislation, assist and participate in the detection by competent government agencies of violation of sanitary requirements to:
a) planning and development of human settlements;
b) construction and operation of industrial and other facilities;
c) purification and processing of industrial and municipal emissions, wastes and droppings;
d) arrangements for feeding and water supply to population;
e) production, application, storage, transportation and ground disposal of radioactive materials, toxic and poisonous substances;
13.12. In accordance with the effective legislation, assist and participate in the detection by competent government agencies of uncontrolled sales of foodstuffs and drinking water polluted by pesticides, heavy metals, radioactive elements and others;
13.13. In accordance with the effective legislation, assist and participate in the detection by competent government agencies of uncontrolled use of construction materials and mineral raw materials, fertilizers containing higher level of radioactive elements, in housing and agriculture;
13.14. In accordance with the effective legislation, assist and participate in the detection by competent government agencies of locations of pollutant air emission without permission or exceeding allowed pollutant emission volumes, failure to comply with allowed requirements;
13.15. Detection of facts of destructing or damaging erosion control structures, waterworks and cover crops;
13.16. Informing respective government agencies of the violation of laws and regulations regarding the issues of environmental and efficient use of nature resources, as well as ecological safety requirements;
13.17. Litigation, actions or inactivity of government authorities and agencies of state administrations, local government bodies and other state agencies violating ecological rights of members of the Non-governmental organization, as prescribed by applicable law;
13.18. Assistance in the development and implementation of domestic state-of-the-art environmentally sustainable and resource-conserving technologies in all branches of activity;
13.19. Initiation and carrying out environment impact assessments at environmentally hazardous objects.

ІІІ. RIGHTS OF THE NON-GOVERNMENTAL ORGANIZATION
14. In order to perform its objectives and tasks, the Non-governmental organization is entitled, within the frameworks not contradicting the applicable law, to:
14.1. Obtain, within the legal terms, ecological information about the state of environment, sources of adverse impact on the environment and measures to be taken in order to improve ecological situation in Ukraine,  in a specific region, at separate objects, if it is necessary - organize scientific research; and other information, in accordance with current legislation;
14.2. Organize public environmental expert reviews with attraction of independent experts /at the expense of the Non-governmental organization, social natural guard and other funds, as well as target voluntary cash contributions of citizens, entities, institutions, organizations / disclose assessments findings and transfer those to the competent bodies authorized to make respective decisions;
14.3. Participate in public environmental expert reviews of construction and reconstruction projects of facilities that may affect or already affect the state of environment, as well as in extra-hazardous objects identification, based on established regulatory order of extra-hazardous objects identification among hazardous facilities;
14.4. Submit written comments, proposals and recommendations to authorized environmental state bodies and administrations, as well as applications for the integration of the Non-governmental organization’s representatives to expert committees and public environmental expert review groups;
14.5. Exercise public control over:
a) functional and procedural provision of public awareness of environmental abuses and accidentally hazardous objects (man-made reservoirs, slurry storages, tailings ponds and others);
b) sanitary regulations of environmentally hazardous factors (physical, chemical, biological origin of substances, materials or products) affecting human health;
c) state registration of hazards, other environmentally hazardous substances;
d) state registration of foodstuffs, alimentary raw materials and collateral materials, in accordance with quality and safety features;
e) mandatory certification of foodstuffs,  alimentary raw materials, collateral materials, services and  production quality systems;
f) government accounting of hazard substances availability and use;
14.6. Under the existing laws:
- obtain information from authorized central executive body engaged in issues of protection of population and territories from natural and man-made emergency situations and ecological safety and environmental protection, about emergency situations at extra-hazardous occupancies, and informing members of the Non-governmental organization of these situations;
-  in accordance with the procedure established by law, gather information about the state of extra-hazardous occupancies safety, and provide that information to executive bodies, local government bodies, mass media and other interested parties, including members of the Non-governmental organization, in case it is known or there is every reason to believe that this information contains evidence of violations at extra-hazardous occupancies being threat to environment and people;
- obtain from an economic entity that owns or uses extra-hazardous occupancies, information about hazards at extra-hazardous occupancies being threat to environment and people;
- in accordance with the procedure established by law, provide to executive bodies of corresponding councils and /or corresponding state administrations, its proposals on the expedience of construction and / or reconstruction projects execution as regards extra-hazardous occupancies;
- make proposals to government bodies, agencies of state administration and local government bodies regarding environmental safety issues;
14.7. As permitted by legal and procedural forms, require from legal entities (irrespective of their form of ownership) and individuals following environmental safety rules;
14.8. File cases about recovery of damages (including moral damage and damages to health of the Non-governmental organization’s members and property), caused by the violation of the environmental safety law.
14.9. Water, soil and atmospheric air sampling at facilities in order to estimate in respective accredited laboratories factual level of emission and air, water, soil pollution;
14.10. Establish physical level of acoustic, electromagnetic and ionizing wave and radiated fields at facilities by means of respective accredited laboratories;
14.11. Through various (respective) jurisdiction bodies require rendering of decisions about the prohibition to commit environmental abuses by individuals damaging the environment;
14.12. Actively participate in and protect environmental safety rights of members of the Non-governmental organization, as permitted by law;
14.13. Represent and protect its legal rights and interests and legal rights and interest of the Non-governmental organization’s members in government agencies and public bodies and institutions, regardless of their forms of ownership and in a judicial proceeding;
14.14. Exercise independent control over qualitative and quantitative indexes of environmental safety norms, namely:
a) maximum permissible limit of concentrations of pollutants in the atmosphere for people and environmental compartments;
b) maximum permissible limit of concentrations of pollutants and radioactive materials in soil (heavy-metals, chemical weed and pest killer, fertilizers, radionuclides pollution, etc.);
c) maximum permissible limit of concentrations of pollutants and radioactive materials in bodies of water with waters used for the satisfaction of drinking, domestic and other needs of population;
d) maximum permissible limit of acoustic, electromagnetic, radioactive and other harmful physical environmental impact;
e) maximum allowable content of harmful substances in foodstuffs and drinking water;
f) maximum permissible limit of pollutant concentrations in waste gases of mobile sources;
g) maximum permissible limit of concentrations of pollutants and radioactive materials in bodies of water with waters used for fishing needs;
14.15. Participate in the development of the environmental safety plans and programs; spread information and develop and promulgate its ecological programs, concepts and targets;
14.16. Exercise public control over the water use and conservancy, as well as water resources restoration;
14.17. Obtain information, within the legal terms, about the state of bodies in water, sources of water pollution and use, about plans and measures to be taken as regards water use and conservancy, as well as water resources restoration;
14.18. Participate in the examination by government bodies, agencies of state administrations and local government bodies and other state bodies, of issues related to water use and conservancy, as well as water resources restoration;
14.19. Form social environment conservancy funds; as agreed by Local Councils, at its own expense and based on voluntary participation of public associations members, be involved in conservancy and restoration of natural resources process, preservation and improvement of the environment;
14.20. Participate in the discussion of significant statutory acts and management decisions, as well as in the preparation of draft regulatory legal acts regarding environmental issues, apply for their changes, amendments, abolition or termination, in case of their incompliance with the environmental legislation of Ukraine;
14.21. Initiate all-Ukrainian, republican or regional (local) referendums regarding environmental protection, natural resources utilization and environmental safety issues;
14.22. Make proposals to respective bodies and administrations about the organization /declaration/ of natural reserve fund objects, their support, effective use and restoration of natural complexes and objects, assist state bodies in their activities in this regard, participate in the control over the maintenance of such territories and objects;
14.23. Submit to the authorized environmental protection government bodies and state administrations requests for the appointment of the Non-governmental organization’s member as a social inspector for environment protection, in accordance with the current legislation;
14.24. Be engaged in publishing activities through the establishing of publishing offices (and mass media), according to the current legislation;
14.25. Organize and perform rallies, meetings, demonstrations, marches, campaigns, picketings and other mass events, in accordance with the current legislation;
14.26. Participate in events of international non-governmental organizations involved in environmental protection issues;
14.27. In accordance with the current legislation, dispute decisions on default in providing or untimely providing of the ecological information as requested or improper rejection of the request and its incomplete fulfillment.
14.28. In accordance with the current legislation, establish institutions, organizations, mass media, incorporate entities acting on basis of their own statutes as required for the realization of the statutory objectives.
   
V. ORGANIZATIONAL STRUCTURE OF THE NON-GOVERNMENTAL ORGANIZATION
32. Organizational structure of the Non-governmental organization is comprised of the following units (divisions):

1. Primary divisions (village, settlement) of the Non-governmental organization:
1.1. Managerial bodies of primary divisions:
- meetings of primary divisions,

2. Regional (municipal regional or other organizations having regional status), city, inter-city organizations, Kyiv and Sevastopol city organization of the Non-governmental organization (hereinafter referred to as regional, city organizations):

2.1. Managerial bodies of regional, city organizations:
- meetings (conferences) of a regional, city organization;
- supervision and auditing committee of a regional, city organization;
- Board of a regional, city organization,

3. District (regional) organizations of the Non-governmental organization:

3.1. Managerial bodies of District (regional) organizations:
- meetings (conferences) of a District (regional) organization;
- supervision and auditing committee of a District (regional) organization;
- Board of a district (regional) organization.

4. Central statutory bodies of the Non-governmental organization are:
- Congress of the Non-governmental organization;
- Central supervision and auditing committee of the Non-governmental organization;
- Central Board of the Non-governmental organization;
- Presidium of the Central Board of the Non-governmental organization,

- acting in accordance with this Statute and decisions taken by the management bodies of the Non-governmental organization.
Territorial primary divisions, regional, city organizations report to District (regional) organizations.
District organizations report to the Central statutory bodies of the Non-governmental organization.

Primary divisions, regional, city organizations are established based on foundation meetings of individual groups (not less than 3 persons) of a corresponding location, approved by the decision of the Board of District (regional) organizations, during one month, and legalized in accordance with the current Ukrainian legislation.
There is one regional, city or district (regional) organization of the Non-governmental organization within a region, city or district.

By the decision of a District (regional) organization of the Non-governmental organization, a municipal regional organization of a regional status of the Non-governmental organization may be established, activities of which are expanded to the territory of a city of oblast subordinance and so named region.
In a city with regional dividing a local organization and/or regional organizations of the Non-governmental organization may be established.
33. District (regional) organizations and regional, city organizations (regional divisions) are registered with the higher-level management bodies of the Non-governmental organization, as provided by the Statute. Based on internal registration procedure, district (regional) organizations and regional, city organizations (regional divisions) are subject to the state registration as established by the effective law; thereafter they earn a legal entity status.
The Boards of District (regional) organizations adopt regulations (decisions, resolutions, protocolary decisions, instructions) of the internal registration of respective primary divisions, regional, city organizations. Based on the regulation and the certificate of internal registration, a respective organization (division) is subject to the state registration, as required by law.
City organizations (in a city with regional dividing) without regional status, are subject to the state registration, as required by law, based on regulations (decisions, resolutions, protocolary decisions) of the Board of District (regional) organizations of the Non-governmental organization and the certificate of internal registration.
  
VI. PROPERTY AND FUNDS OF THE NON-GOVERNMENTAL ORGANIZATION
91. As provided by the legislation, the Non-governmental organization owns property and funds. The Non-governmental organization may own buildings, transport, mass media, laboratories, complexes and other objects and property required to perform statutory activities of the organization and acquisition of which is not prohibited by law.
92. Own funds of the Non-governmental organization are comprised of charitable contributions‚ assistance, the Non-governmental organization members’ contributions and other incomings not prohibited by the legislation in force.
The Non-governmental organization obtains title to funds and other property transferred by founders, members (participants) or the state and/or other individuals, acquired from membership fees and members’ contributions, subscriptions of public, entities, institutions and organizations irrespective of their forms of ownership, as well as to property acquired at its own expense or as otherwise provided by the law.
93. Own funds and property are used by the Non-governmental organization for its activities and other purposes provided by the Statute, in accordance with the current legislation. The Non-governmental organization uses its own funds for:
a) realization of its Statutory purposes, tasks and rights;
b) publishing activities through the establishment of publishing offices and dissemination of information;
c) financing the organization and carrying out public events;
d) upkeep of personnel, staff compensation and material support of its activities;
e) material assistance to the structural subdivisions of the Non-governmental organization and its members;
f) other activities not prohibited by the Ukrainian legislation and the Statute of the Non-governmental organization.
94. Uses of cash funds and other property of the Non-governmental organization is regulated and monitored by the Head of the Non-governmental organization, the Congress of the Non-governmental organization, the Central Council of the Non-governmental organization and the Central Supervision and Auditing Committee, in accordance with the current legislation.
Managerial bodies of the Non-governmental organization report to the Congress of the Non-governmental organization about the use of its property.
95. The Non-governmental organization, its District (regional), local, city organizations and primary divisions may have their staff members as provided by the effective legislation.
96. The Head of the Non-governmental organization, his deputies, heads of District (regional), local, city organizations and primary divisions, their deputies, directors of the supervision and auditing committees of District (regional), area, city organizations fulfil their obligations as a public service.
Other members of elective bodies of the Non-governmental organization fulfil their obligations as a public service. The Non-governmental organization reimburses to its members actual expenditure incurred due to their fulfilment of obligations in the Non-governmental organization within the applicable law its members.

VII. LEGAL STATUS

97. The Non-governmental organization has a single Statute. District (regional), local, city organizations and primary divisions of the Non-governmental organization do not have their own statutes and act on the basis of this Statute.
98. Based on the internal registration, District (regional) organizations and local, city organizations are subject to the state registration, in accordance with the procedure established by the legislation. Thereafter, they obtain the status of a legal entity and act on a legal entity basis, have own balances, bank accounts, stamps and seals.
Primary divisions do not have a legal entity basis and legalize their activities through the notification, in accordance with the procedure established by the legislation.
Samples of stamps and seals of District (regional) organizations and local, city organizations are approved by the Presidium of the Central Council of the Non-governmental organization.
99. The Non-governmental organization has an exclusive right to use its name (both full and short) and marks.
The use of the Non-governmental organization’s name and marks by persons, who are not members of the Non-governmental organization, as well as by government bodies and agencies of state administration, local government bodies, entities, institutions, organizations for the purposes other than the Non-governmental organization’s activities, is allowed only by the decision of the Presidium of the Central Council of the Non-governmental organization.
100. The Non-governmental organization keeps its records and statistical reporting in accordance with the current legislation.
The Non-governmental organization does not bear any property responsibilities of the Non-governmental organization’s divisions being legal entities; the latter do not bear property responsibilities of the Non-governmental organization.
101. All documents of the Non-governmental organization are its property kept in the archive of the Non-governmental organization.

VІII. INTERNATIONAL ACTIVITY OF THE NON-GOVERNMENTAL ORGANIZATION
102. The Non-governmental organization is entitled to establish or join international social (non-governmental) organizations, found international unions of associations of citizens, maintain direct international contacts and communications with ecological organizations, non-governmental organizations of other countries, international and intergovernmental organizations, enter into partnership agreements and perform actions in accordance with the law and international agreements of Ukraine.
The Non-governmental organization is not to conclude agreements, where the Non-governmental organization will be under the ferule of any other foreign ecological organization, non-governmental organization, international and intergovernmental organization, or in a subordinate situation.

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