Statute Of League

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REGISTERED

by Ministry of Justice of Ukraine
Order №  2183/5
of " 15 "  September  2010
Certificate № 3427

APPROVED

by Constituent Conference of Members of the Ukrainian League of Authors
Protocol № 1 of April, 28, 2010
As amended by the Conference of Members of All-Ukrainian APO "Ukrainian League of Authors”
Protocol № 2 of October 12, 2011

 

S T A T U T E

 
All-Ukrainian League of Authors

Kyiv – 2011

 

ARTICLE 1

GENERAL PROVISIONS

1.1. All-Ukrainian League of Authors, hereinafter called “the League”, is All-Ukrainian public organization uniting individuals - authors of original and (or) derivative works, performers, producers of phonograms (videograms), the results of creative work of which are presented in any form, including multimedia one. The League is established on the basis of voluntariness, the rule of law, harmony of   interests, equal rights of its members, publicity and self-regulation.

1.2. The League operates under the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine "On Public Associations", the Law of Ukraine "On Copyright and Related Rights" and other regulations aimed at safety and protection of intellectual property rights on objects of copyright and related rights, as well as by this Statute.

1.3. The League is a non-profit, non-commercial and self-regulated organization

1.4. The League becomes a legal entity after its state registration. The League has its own balance sheet, concludes agreements (contracts, etc) on its behalf, has property rights, in accordance with the legislation of Ukraine can be a plaintiff, defendant and third party in a court, and has a right to open bank accounts for its statutory tasks.

1.5. The League has an individual membership.

1.6. The League has the right to represent and protect the rights and interests of its members in relations with authorities, other institutions, enterprises and organizations within powers given to it.

1.7. The League has its own seal, stamp and letterheads with its name, location and bankdetails and logo, samples of which are approved by the Board of Authors. Symbols of the League are registered in the order established by the current legislation of Ukraine.

1.8. The League may create local branches.

1.9. The League owns, uses and manages its property in accordance with the purpose of its activity and destination of property.

1.10. The League is responsible for its obligations only due to its ownership on property and its property rights, which, according to the legislation of Ukraine, may be seized. The League is not responsible for the obligations of its members, and members of the League are not responsible for the obligations of the League.

1.11. The State, its institutions and organizations is not responsible for the obligations of the League, as the League is not responsible for the obligations of the State, its institutions and organizations.

1.12. The activity of the League covers the whole territory of Ukraine through the formation of local branches that are not legal persons and legalize their activities by notification of their establishment. Local offices operate under the provisions adopted by their governing bodies and are approved by the Board of Authors.

1.13. The Statutory Organs of the League:

1.13.1. The Conference of Members;

1.13.2. The Board of Authors;

1.13.3. The Board of Trustees;

1.13.4. The Executive Board;

1.13.5. The Audit Commission.

1.14. The full name of the League in Ukrainian language is:

Всеукраїнська громадська організація

«Всеукраїнська Ліга Авторів»

Short name of the League:

ВГО «Всеукраїнська Ліга Авторів»

Full name of the League in English:

All-Ukrainian Public Organization

"Ukrainian League of Authors"

Brief name of the League in English:

UPO «Ukrainian League of Authors»

1.16. The League has exclusive right to use its name and logo which belong to it in accordance with the property rights, registered in accordance with the procedure established by the legislation of Ukraine.

1.17. Legal address of the League: 6, Saksagansky Street, 01033, Kyiv, Ukraine,

1.18. The League was established for an indefinite period of activity.

ARTICLE 2

THE PURPOSE AND TASKS OF THE LEAGUE

2.1. The purpose of the League is a satisfaction and protection of creative, economic and legal interests of its members, including the management on collective basis of property rights of its members in accordance with the laws of Ukraine on the basis of unity of common interests for the common realization of their rights and freedoms, aimed at promotion of the creation and use of the results of creative activity (works) of the authors of original and (or) derivative works, performers, producers of phonograms (videograms) submitted in any form, including multimedia one, being one of a prerequisite for development, distribution and promotion of national culture in Ukraine.

2.2.      The main tasks of the League are:

2.2.1.   Promotion of national culture of Ukraine, creation, preservation, protection, dissemination and popularization of the results of creative activity of its members;

2.2.2.   Promoting of integration of Ukrainian culture to the international community;

2.2.3.   Coordination of actions of members of the League for the implementation of intellectual creative activity aimed at conservation, development, reproduction, distribution of their works, performances, phonograms (videograms);

2.2.4.   Promoting the members of the League in the process of reproduction of their works, performances, phonograms (videograms) submitted in any form, including multimedia one (electronic and digital form of presentation of the intellectual, creative activity stored in a binary digital code, the decoding of which allows any person to perceive the saved results of intellectual creative activities, in the form suitable for perception).

2.2.5.   Promoting the members of the League in publicizing, including those in a public demonstration, display and public communication of their works, performances, phonograms (videograms);

2.2.6.   Protection of personal non-property and property rights and interests of members of the League, promotion of encouraging of the conditions for their personal creativity.

2.2.7.   Representation and protection of the rights and interests of members of the League, property interests of which are endangered in view of the occurrence of unfavorable consequences for their property arising from the use of copyright and related rights represented in any form, including multimedia one.

2.2.8. Management of economic rights of subjects of copyright and (or) related rights being both the members of the League and those, who are not members of the League, under the powers of copyright transferred by the subjects of copyright and (or) related rights on the basis of agreements signed in writing, agreements on reciprocal representation of interests with the similar copyright organizations, including foreign ones, and also on the basis of the powers conferred by the legislation of Ukraine to the organizations administering property rights on collective basis.

2.2.9. Promotion the development and implementation of the activities to stop the illegal use of copyright and (or) related rights objects, including in conjunction with the specialized anti-piracy organizations, regulatory and law enforcement organs.

2.2.10. Promotion and participation in the keeping of registries of copyright and (or) related rights objects, subjects of property rights on them, agreements on disposal of property rights on the objects of copyright and (or) related rights, the establishment and maintenance of the respective database, participation in the international system of registration of copyright and (or) related rights objects;

2.2.11. Operating and facilitating the implementation of measures to increase the status of authors, performers, producers of phonograms (videograms) in the State and in the society;

2.2.12. Organizing and conducting of educational and methodical activities, first of all, in training of qualified specialists in the field of intellectual property rights;

2.3.      In accordance with its purposes and tasks the League in due course:

2.3.1.   Provides legal support to the members of the League on the issues respective to the use of objects of copyright and (or) related rights, provides the protection of the personal property and non-property rights and interests of its members, the results of creative activity of which are presented in any form, including multimedia one; in government bodies, in state, public and private organizations, enterprises and institutions.

2.3.2.   Represents the interests of the members of the organization in government bodies, public organizations and institutions of business and economic activity.

2.3.3.   Participates in the development of government programs for development and support of arts, in the preparation and discussion of draft laws and other normative legal acts related to the issues of culture and information and communication environment (means of telecommunication, technologies of telecommunication, information resources) that make up the range of interests of the League. Thus, under telecommunications facilities are meant a set of technical devices, algorithms, software and advanced computer technologies of information processing which allow the transmission of information and receiving of the data, of multimedia information using electrical and electromagnetic waves through cable, fiber optic and radio channels in various wavebands. The telecommunications technologies are meant a set of methods and principles of modern analog and digital systems and networks.

2.3.4.   Concludes the agreements on copyright and related rights management on a collective basis, as well as other agreements in the area of collective management of copyright and related rights.

2.3.5.   Receives admission and membership fees.

2.3.6.   Promotes its members in the use, reproduction and distribution in information and communication area the results of their creative work submitted in any form, including multimedia one.

 

2.3.7.   Promotes its members in the process of registration of their copyright and in the procedure of registration of agreements relating to the disposal of intellectual property rights of members of the League;

 

2.3.8.   Provides legal entities and natural persons with the assistance in acquiring of copyright and (or) related rights in the territory of Ukraine and abroad, as well as a support in the transferring rights of Ukrainian subjects of copyright and (or) related rights abroad.

2.3.9.   Promotes educational activities, organization, preparation, carrying out of national and international scientific and practical seminars, conferences and symposiums, exhibitions, book fairs and musical festivals and other cultural and mass and informational events relating to the sphere of development, use and promotion of musical, musical and dramatic, literary and other works that are held in Ukraine and abroad; distributes methodical recommendations and manuals relating to the statutory activities of the League;

2.3.10. Promotes the creation and implementation of ideas and creative developments of its members aimed at the implementation of the statutory activities of the League;

2.3.11. Supports and finances the implementation of creative, scientific and cultural activities, programs and developments in the field of culture and information and communications environment.

2.3.12. Cooperates with domestic and foreign copyright organizations, institutions, enterprises, creative unions, associations of citizens and individuals in the matters relating to the statute activity of the League.

2.3.13. If necessary, it can provide any possible assistance to its members and ensure their social protection.

2.3.14. Provides protection of moral and property rights of members of the League and other authors, performers, producers of phonograms (videograms) using the results of their creative work, including those in information and communications environment.

2.3.15. Participates in charity events, provides patronage activities of dissemination of works and their performances, phonograms (videograms), submitted in any form, including multimedia one.

2.3.16. Creates local branches;

2.3.17. Legally distributes information about the League, as well as promotes ideas, goals and objectives of the League through the media;

2.3.18. Cooperates with foreign and international organizations on the activities of the League, including participation in international organizations aimed at protection and copyright protection, participation in international organizations uniting organizations of collective management of copyright; in its activities, it follows the principles and standards established by such organizations and in accordance with the functions arising from membership of such international organizations.

2.3.19. The League may voluntarily establish or join with other associations of citizens,  unions ( associations, etc.), form blocs and coalitions to engage in international public (government) organizations to form international unions of citizens under its Statute;

2.3.20. Performs other activities, stipulated by the legislation, necessary to ensure the protection of the rights managed by the League, including appeals to the courts to protect rights and interests of the members of the League, when using the results of their creative work, including in information and communications environment.

2.4. To achieve the goals and objectives under this Statute, the League may participate in profitable companies and nonprofit organizations, to join associations, unions and other associations, including international ones.

ARTICLE 3

ACTIVITIES OF THE LEAGUE

3.1. To achieve the defined tasks associated with the security and protection of the rights of authors of works, performers, producers of phonograms (videograms), the results of creative activity of which are presented in any form, including multimedia one, the League fulfills any actions not prohibited by the legislation, aimed at execution of responsibilities of collective management stipulated by the Law of Ukraine "On Copyright and Related Rights" and requirements of international legal documents for protection of copyright and related rights.

3.2. Based on the powers submitted to the League by its founders, members of the League and by the powers of the legislation, except as indicated in the Law of Ukraine "On Copyright and Related Rights”, the League shall do the following:

3.2.1. Without the authorization of its members it commits any acts aimed at preventing, eliminating or reducing the occurrence of unfavorable consequences for their property, threatening their property interests in accordance with the laws of Ukraine and international legal documents on copyright and related rights.

3.2.2. On the territory of Ukraine, it manages property rights of foreign subjects of copyright and (or) related rights, and (or) represents their interests in Ukraine on the basis of relevant agreements, including reciprocal representation contracts; carries out settlements with foreign subjects of copyright and (or) related rights on the basis of the concluded agreements (contracts, etc.), including the agreements on mutual representation of interests in accordance with the legislation of Ukraine currently in force;

3.2.3. Carries out other activities provided by the legislation of Ukraine, which are necessary for protection of the rights and interests of authors, performers, producers of phonograms (videograms) being the members of the League, including appeals to the court for violation of the rights and interests of the subjects of copyright and (or) related rights and for the ensuring their protection within the limits established by the laws of Ukraine and the statutory provisions.

3.3. Procedures for collective administration of property rights of authors, performers, producers of phonograms (videograms) in informational and communication environment are established by "The Regulations on the Procedure of Exercising of Collective Administration of Property Rights on the Subjects of Copyright and (or) Related Rights in Information and Communication Environment", being approved by the decision of the Board of Authors upon the submission of the Executive Board of Directors in accordance with the requirements of the legislation.

ARTICLE 4

MEMBERS OF THE LEAGUE.

THEIR RIGHTS AND DUTIES

4.1. The members of the League are physical persons who are the authors of works and performances, producers of phonograms (videograms), their heirs, owners of rights to works, performances, phonograms (videograms), which are presented, or can be presented in any form, including multimedia one, which recognize the Statute of the League and "The Regulations on the Membership in the League," perceive the purpose and objectives of its activities, and participate in the work of the League, and gave it the authorities to carry out collective management of their property rights. The founders of the League have the same rights and responsibilities as the members of the League.

4.2. The members of the League in the order defined by the League and in accordance with the requirements of the legislation have the right:

4.2.1. To receive the remuneration (royalty) stipulated by the legislation for the use of objects of copyright and related rights, including in the information and communications environments, that League collects from the entities who use these objects, excluding the deductions in trust (special) funds and contributions that are remained at disposal of the Board of Authors for the development of the League and ensuring its activities provided by the Statute.

4.2.2. To receive information regarding the League activities, inter alia, the provision to other persons of non-exclusive right on the use of their creative work and the royalties collected by the League for their use.

4.2.3. To be elected to the management bodies of the League.

4.2.4. To contribute to the management bodies of the League any proposals on any matters within their competence, and participate in their discussion in the established order.

4.2.5. To use the services of economic structures created by the League under the procedure established.

4.2.6. To point out in their documents about their participation in the League.

4.2.7. To transfer the property to the ownership of the League, to make target voluntary contributions intended to finance concrete programs (projects). The decision on approval and launch of the program (project) is adopted by the Board of Authors of the League.

4.2.8. To apply to the League, within their competence, for assistance to ensure the protection of their infringed rights and interests.

4.2.9. To apply to the bodies of the League with requests, complaints and suggestions

4.2.10. To leave voluntarily the League on the terms and in accordance with the procedure determined by this Statute.

4.2.11. Members of the League have also other rights arising from the legislation of Ukraine

4.3. Members of the League undertake:

4.3.1. To observe and comply with the provisions of the Statute, the decisions of supervising bodies of the League adopted within their competence.

4.3.2. To sign civil and legal contracts with the League, including through the accession to the agreement on the transfer of collective management of their property rights, approved by the Board of Authors.

4.3.3. To not cause damage to property or reputation of the League.

4.3.4. To not pass, in the territory of Ukraine, to other persons the power to manage their property rights already granted to the management of the League;

4.3.5. To perform voluntarily assumed obligation to implement joint activities and programs.

4.3.6. To notify about the extent and period of validity of property rights, the authority on the management which were rendered to the League and to warn about their change in advance.

4.3.7. To not disclose confidential information about the activities of the League and its members.

4.3.8. To respect the results of creative work of other members of the League.

4.3.9. The participation in the League does not give its members the right to use the name and symbols of the League in their private purposes.

4.4. Any author, singer, producer of phonograms (videograms), which wants to become a member of the League, should submit an application to the Board of Authors and add the signed copies of the relevant agreement. The decision on acceptance of a new member is voted by the Board of Authors of the League by the majority of those present at the meeting.

4.5. Membership in the League shall be certified by the Certificate, the specimen of which has been approved by the Board of Authors.

4.6. The participation in the League can be terminated:

4.6.1. Due to the expulsion of a member from the League;

4.6.2. Due to the voluntary withdrawal from the membership of the League;

4.6.3. Due to the termination of the League, its liquidation or reorganization, as well as due to the death of an individual - a member of the League.

4.7. The reasons for expulsion from the membership of the League are as follows:

4.7.1. Violation by a member of the League other member’s rights when implementing his\her property rights on the created object of intellectual property

4.7.2. Violation by a member of the League of the requirements and provisions of the Statute of the League, the decisions of governing bodies of the League adopted within their competence.

4.7.3. Causing damage to business reputation of the League, and (or) its members.

4.8. A member of the League who wants to withdraw from the membership of the League shall submit an application to the Board of Authors of the League and return the Certificate of membership in the League. The participation is terminated from the date of receipt of the application of a member of the League.

4.9. The decision to expal from the members of the League shall be adopted by the Board of Authors of the League by simple majority of votes of the persons present at the meeting.

4.10. In the event of termination of membership in the League for any reason, membership fees of the members of the League are non-refundable.

4.11. Withdrawal from the membership of the League does not mean stopping of the powers granted to the League to collect the remuneration for the use of his copyright and (or) related rights prescribed by law.

4.12. In case of collection by the League of remuneration (royalty) for the subjects of copyright and (or) related rights for the use of objects of copyright and (or) related rights created by the members, who stopped their membership in the League and withdrew their powers, the League shall distribute the collected remuneration and pay out his\her share in accordance with "The Regulations on the Exercise of Collective Management of Economic Rights of Copyright and (or) Related Rrights."

ARTICLE 5

CONFERENCE OF THE LEAGUE MEMBERS

5.1. The Conference of members (hereinafter - the Conference) is the supreme governing body of the League. Delegates elected from the branches of the League according to the prescribed quota approved by the decision of the Board of Authors shall participate in the Conference/ Each delegate of the Conference when voting shall have one vote

5.2. To the competence of the Conference belongs making decisions on all issues arising from the activities of the League and its related members.

5.3. The exclusive competence of the Conference includes:

5.3.1. Adoption of amendments to the Statute of the League.

5.3.2. The adoption of structure of members of the Board of Authors, their personal election, adoption and termination of their authorities.

5.3.3. The adoption of the numerical structure of the members of Audit Committee of the League, the election of their personal membership, adoption and termination of their powers, the implementation of the right on property ownership and funds.

5.3.4. The adoption of the decision on reorganization or liquidation of the League

5.3.5. Composing of the list of issues in respect of which the decision can be taken by full-time or distance voting of members of the League, through correspondence by mail or electronic communication, as well as establishment of procedure and order of such a voting.

5.3.6. The adoption of decisions on other issues within the competence of the Conference by this Statute or by any other decision of the Conference.

5.4. Decisions are taken by the Conference through the visual or distant voting of members of the League.

5.5. The decisions on issues referred to in Paragraph 5.3.5 of this Statute are adopted by simple majority of votes registered and present at the Conference of delegates from the members of the League. Decisions on the issues referred to in the Paragraphs 5.3.1, 5.3.2, 5.3.3, 5.3.4 of this Statute shall be deemed adopted if not less than 3/4 of votes of delegates present at the meeting of the members of the League have been given.

5.6. The Conference of members of the League shall be considered valid if a simple majority of elected delegates is present on it.

5.7. The Conference is opened by the President of the Board of Author or his deputy. Ongoing work of the Conference is directed by the Presidium, which is consisted of delegates of the Conference in the number of not more than five (5) persons elected at the beginning of the Conference. Not more than two (2) persons invited by the Board of Authors are entitled to participate in the the Presidium.

5.8. All decisions adopted by the Conference shall be formalized by Protokol signed by the Head of the Board of Authors and the secretary of the Conference.

5.9. Conference may take a decision to delegate to the Board of Authors its powers on taking a decision concerning any matter within its competence, except the powers referred to in the Paragraphs 5.3.1, 5.3.2, 5.3.3, 5.3.4, 5.3.5.

5.10. The Conference is held at least once every five years. The ordinary conferences shall be convened by the Board of Authors.

5.11. The extraordinary Conferences shall be convened at the initiative of the Board of Authors or upon the request of members of the League, which is not less than one-third (1/3) of the total voting members of the League.

5.12. The conducting of the Conference is reported by the initiator of convening of a Conference no later than 30 days prior to its convening. In the message, date, agenda, venue of the Conference, Conferences regulations and other relevant information should be notified. The project of documents submitted for consideration by the Conference shall be available not later than 5 (five) days before the Conference.

5.13. Each member of the League shall have the right to submit his proposals concerning the agenda of the Conference not later than 15 days before the date of the Conference. The decision upon inclusion of these issues to the agenda should be adopted at the beginning of Conference by a majority of votes.

5.14. The Conference may delegate to the Board of Authors some of its powers to solve the issues relating to the activities of the League

ARTICLE 6

THE BOARD OF AUTHORS

6.1. The Board Authors is a permanent collegial governing body of the League. The Board of Authors is elected by the Conference of the League on the term of 5 (five) years. The Board of Authors consists of authors, performers, producers of phonograms (videograms) (members of the League).

6.2. The Board of Authors operates in the period between Conferences. The members of the Board of Authors must not disseminate confidential information about the members of the League which may become available to them during the activities of the League.

6.3. The competence of the Board of Authors include:

6.3.1. Adoption of basic directions of activity and plans for the development of the League, making decisions on approval, beginning and completion of programs (projects) of the League;

6.3.2. Making decisions on the creation, reorganization and liquidation of local branches of the League, the approval of their Statutes or Regulations;

6.3.3. Adoption of the annual budget planning and adoption of report on its implementation, as well as making decisions on the cover of actual additional costs, or the distribution of additional revenue;

6.3.4. Adoption of the "Regulations on the Board of Authors";

6.3.5. Adoption of the "Regulations on Membership";

6.3.6. Adoption of other Provisions to ensure the activities of the League;

6.3.7. Approval of the amount of target deductions and target contributions to fund the activities and programs of the League in accordance with "Regulations on the Formation of Special Purpose Funds” of the League;

6.3.8. Developing of the draft agenda of the Conference of the League;

6.3.9. Decision  on admission and expulsion of members of the League in accordance with "Regulations on Membership";

6.3.10. Adoption of resolution on joining the other associations both domestic and international, as well as leaving them, by the League;

6.3.11. Review and approval of annual estimate (budget) of the League;

6.3.12. Consideration of the reports of the Executive Board of Directors, the Audit Commission and other structural subdivisions of the League;

6.3.13. Adoption of the logo and other attributes of the League.

6.3.14. Adoption of the Regulations and the staff of the Supervisory Board.

6.3.15. Approval of candidature of the head of the Executive Board of Directors - the Director and the signing of labor contract with him;

6.3.16. The adoption of other decisions that are not within the competence of the Conference.

6.4. The decisions are made by the Board of Authors through direct voting at the meeting.

6.5. Each member of the Board of Authors has one voice.

6.6. The decisions on the issues referred to in the paragraphs 6.3.7, 6.3.8, 6.3.9, 6.3.11 of this Statute shall be adopted by simple majority of votes of the members of the Board of Authors present at the meeting. The decisions on issues referred to in the Paragraphs 6.3.1, 6.3.2, 6.3.3, 6.3.4, 6.3.5, 6.3.6, 6.3.10, 6.3.12, 6.3.13 of this Statute shall be deemed adopted if they were given no less than (2/3) votes of the members present at the meeting of the Board of Authors.

6.7. Meeting of the Board of Authors is considered to be valid if it is attended by the members of the Board of Authors, which are not less than two-thirds (2/3) of the total number of votes.

6.8. The work of the Board of Authors is managed by the President of the Board of Authors and in case of his absence – by the Deputy President of the Board of Authors.

6.9. All decisions adopted by the Board of Authors are formed by the Protocol signed by the Head of The Board of Authors and in case of his absence – by the Deputy Head of the Board of Authors.

6.10. The Board of Authors may delegate to the Director of the League any of its authorities for resolving  any question within its competence that is issued by the Protocol.

6.11. The meetings of the Board of Authors are held at least once a year.

6.12. The meetings of the Board of Authors shall be convened at the initiative of the Head of the Board of Authors, the Chairman of the Audit Commission or at the request of one third (1/3) of the total members of the Board of Authors.

6.13. A member of the Board of Authors may terminate his membership in the Board of Authors by providing a statement addressed to the Head of the Board of Authors.

ARTICLE 7

HEAD OF THE BOARD OF AUTHORS

7.1. Head of the Board of Authors and his deputies are elected by the Board of Authors from its members for the term of five years and shall be accountable in his work to the Board of Authors.

7.2. By decision of the Board of Authors the authorities of the Head of the Board of Authors and his deputies can be terminated early.

7.3. The Head of the Board of Authors:

7.3.1. has the right to carry out the representative functions on general issues of activity of the League to Ukrainian and foreign agencies and organizations, including relations with organizations for collective management of rights and their associations, except for those issues within the competence of other organs of the League;

7.3.2. carries out the preparation of questions for the consideration by the Board of Authors;

7.3.3. submits to the Board of Authors for the appointment the nomination of a leader of the Executive Board of the League - Director;

7.3.4. presides at the meetings of the Board of Authors;

7.3.5. organizes the implementation of decisions of the Board of Authors;

7.3.6. convenes the ordinary and extraordinary meetings of the Board of Authors;

7.3.7. on behalf of the League draws any relationship by decision of the Board of Authors;

7.3.8. with the Director prepares a plan of the development of the League, separate programs (projects), proposals for participation in joint activities with other organizations on the protection of copyright and submits them for consideration to the Board of Authors of the League.

ARTICLE 8

EXECUTIVE DIRECTORATE

8.1. Executive Directorate implements the decisions of the Board of Authors, aimed to perform the statutory tasks of the League.

8.2. The apparatus of Executive Directorate is organized and managed by the Director who is appointed and dismissed by the Board of Authors and is controlled by and responsible to the Board of Authors.

8.3. Conditions of activity and powers of the Director shall be determined in the labor contract between the League and the Director.

8.4. Functions of the Director to ensure the activity of the Executive Directorate of the League:

8.4.1. To represent the League in its relations with other persons, including public authorities and non-governmental organizations, institutions, enterprises and other collective management organizations in Ukraine and abroad;

8.4.2. Organizes and carries out the current management of the apparatus of the Executive Directorate of the League;

8.4.3. By agreement with the Head of the Board of Authors, he appoints his deputies and chief accountant of the League;

8.4.4. On behalf of the League, he concludes and signs the labor, civil and commercial agreements or contracts;

8.4.5. Organizes current activity of the Executive Directorate within budget (budget) of the League, which is adopted by the Board of Authors;

8.4.6. Issues orders, imposes penalties on employees in accordance with current legislation of Ukraine;

8.4.7. Appoints and dismisses employees of the Executive Directorate;

8.4.8. Provides storage and proper use of the property of the League given to him in management;

8.4.9. Approves any order and regulatory documents regarding the activity of Executive Directorate;

8.4.10. Opens the current and other accounts of the League with the banks, has the right to sign all financial (banking) documents;

8.4.11. Reports the results of the year before the Board of Authors on the activities of the Executive Directorate;

8.4.12. Upon request of the Head of the Board of Authors, he provides any information on the activities of the Executive Directorate;

8.4.13. With the participation of the Head of the Board of Authors, he prepares a plan for the development of the League, separate programs and submits them for consideration to the Board of Authors of the League;

8.4.14. Performs other authorities arising from this Statute or delegated to him by the Board of Authors within the legislation.

8.5. The Director and employees of the Executive Directorate are subject to the legislation of Ukraine on labor, social security and social insurance.

ARTICLE 9

AUDIT COMMISSION

9.1. The Audit Commission of the League exercises control over the observance of the Statute of the League, the preservation of its property, the legitimacy of its contracts, financial and economic activities, the receipt and expenditure of material resources and funds, over the accounting and reporting of the League in accordance with current legislation of Ukraine.

9.2. Members of the Audit Commission are elected, for five-year period, by the Conference of three (3) persons from among the members of the League

9.3. Member of the Audit Commission shall in no case be the member of the Board of Authors.

9.4. Members of the Audit Commission shall elect from among its members the Head of Auditing Commission, which manages its activities and signs the acts of the Audit Commission.

9.5. The Audit Commission in its activity is guided by the the laws of Ukraine, the Statute of the League and reports to the Conference.

9.6. The Audit Commission:

9.6.1. Conducts an annual audit of financial activities of the League;

9.6.2. Following the annual audit it shall submit an act of revision to the Board of Authors;

9.6.3. By decision of the Board of Authors it audits the local branches of the League;

9.7. Upon the request of the Audit Commission, the officials of the League shall provide all materials, accounting and other documents, as well as personal explanations regarding the financial and economic activities of the League. If necessary, Audit Commission is entitled to demand from the Director and the Board of Authors the decision to conduct an independent audit of financial and economic activities of the League, bringing to responsibility the employees of the League or demanding their release in the presence of legitimate reasons.

9.8. In case of detection of any abuses committed by officials of the League, the Audit Commission is oblidged to convene the Board of Authors of the League and report on abuses identified.

ARTICLE 10

PROPERTY OF THE LEAGUE

10.1. The League can own in its property the assets and other property necessary to carry out its statutory activities, acquired on the grounds not prohibited by the law.

10.2. The property of the League consists of a fixed capital and circulating assets, as well as of other material values.

10.3. The sources of property of the League are:

10.3.1. The funds and property transferred by the founders of the League, funds and property received from main activity, with the exception of funds in the form of collected royalties due the subjects of copyright and (or) related rights;

10.3.2. The funds or property received either free of charge or as a non-repayable financial assistance, including funds in the form of contributions to the statutory activities of the League as a target residue of the royalties for the use of copyright and (or) related rights, that is collected in Ukraine or received from abroad in the course of the implementation of economic rights on collective basis, and regular disposable income of members of the League, as well as the deductions from the royalties for the use of copyright and (or) related rights objects on the development of the League from domestic and foreign subjects objects of copyright and (or) related rights, which are not the members of the League.

10.3.3. Proceeds from the activity of enterprises founded by the League;

10.3.4. Property acquired from other persons;

10.3.5. Voluntary contributions (cash, securities, other things, property rights or other rights that have monetary value), gifts, income from Ukrainian, international and foreign organizations, unions, companies, enterprises, institutions, including through international programs, as well as from the separate individuals in the form of cash and property; grants, subsidies received by the League from the state or local budgets, state funds or within the charity, including humanitarian assistance and (or) technical assistance provided under the terms of international treaties ratified by the Supreme Council of Ukraine;

10.3.6. Other sources not prohibited by the laws of Ukraine, including passive incomes of the League.

10.4. The League has the right to buy, take a pledge, to receive from the assignment by creating a self-supporting institutions and organizations with a legal entity status, or to establish enterprises in the order established by the law, to receive as a gift, to lease or otherwise obtain property or rights from the eneterprises, institutions, organizations and citizens.

10.5. The League can have at its possession or in operational management buildings, premises, residential and nonresidential facilities, equipment, stock, securities and other property. The League can have landsites at its possession or in its use.

10.6. The cost of property is shown in the balance of the League.

10.7. The League takes ownership of the funds and other property transferred to it by the members of the League, by others persons or by the state in due order, acquired at the expense of its own funds or by other means not prohibited by the laws of Ukraine, except for remuneration (royalties) that belongs to the subjects of copyright under the law.

10.8. The property and the funds resulting from the core activities of the League, with the exception of the funds collected as author’s royalty, which is due to copyright and (or) related rights subjects, are in full possession of the League and are used solely to perform its statutory tasks, decisions of the governing bodies of the League, on charitable purposes and can not be divided and paid to members of the League.

10.9. The League conducts accounting and statistical records of its activities in the established order, it is responsible for their accuracy, it reports in accordance with the laws of Ukraine. The League and its employees pay taxes and other obligatory payments to the budget in accordance with law in force.

10.10. The League, at its discretion possesses, uses and disposes of its property in accordance with current legislation of Ukraine.

10.11. Cash and other receipts of the League are used to meet the statutory types of activities of the League in accordance with decisions of the Board of Authors of the League and the Director, adopted within their competence.

ARTICLE 11

TERMINATION OF THE LEAGUE

11.1. Termination of the activity of the League takes place by the way of its reorganization (merging, division, separation, transformation) or liquidation in compliance with the requirements of current legislation of Ukraine.

11.2. Termination of activity of the League takes place under the decision of the Conference or by court.

11. Upon the the reorganization of the League, the rights and obligations of the League are transferred to its successors. Procedures and conditions of the reorganization are determined by the Conference of the League.

11.4. When liquidating the League, the organ which made such a decision, appoints liquidation committee and establish the procedure and term of liquidation of the League. From the moment of the appointment of the liquidation committee all the powers to manage the affairs and property of the League, including the representation of the League in a court, are passed to it.

11.5. The liquidation commission shall take the necessary steps to identify creditors and debtors of the League, carries with them necessary calculations, draws up a liquidation balance sheet and submits it for approval to the authority appointed by the liquidation committee.

11.6. Upon the reorganization and liquidation of the League, its employees are guaranteed the observance of their rights and interests according to the laws of Ukraine.

11.7. The League terminates its activity from the moment of abolition of its state registration and exclusion from the relevant state register.

11.8. The funds and the property remained after the satisfaction of the requirements of the subjects of copyright and (or) related rights and claims of creditors, by the decision of the Board of Authors shall be transferred to another nonprofit organization of the respective type or are credited to the income of the state.

11.9. The property that has been transferred to the League  shall be returned in natural form without any compensation.

11.10. The League is responsible for the safety of its documents and ensures their transfer to the state storage in accordance with the order established by the legislation of Ukraine.

ARTICLE 12

INTRODUCING OF AMENDMENTS AND ADDITIONS TO THE STATUTE OF THE LEAGUE

12.1. Amendments and additions to the Statute of the League are made upon the decision of the Conference of the League, adopted in accordance with this Statute.

12.2. Amendments and additions to the Statute of the League take legal force from the date of their state registration.

12.3. All amendments and additions to this Statute are drawn up by preparing of the new version and are subject to state registration in accordance with the order established by the legislation of Ukraine.