1. General Provisions
1.1 The Public Association “Kyrgyz Association of Women Judges” (hereinafter referred to as the Association) is established and carries out its activities in accordance with the Constitution of the Kyrgyz Republic, the Civil Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic “On Non-Profit Organizations”, other normative legal acts and this Charter.
1.2 The name of the Association: in the official language – Public Association “Kyrgyz Association of Women Judges”, in the state language – “Ayal-judicialarynyn Kyrgyz Association” koomduk birikmesi.
1.3 Location of the Association: 34, Umetalieva Street, Bishkek.
2. Legal status of the Association
2.1 The Association is a legal entity, has separate property, has a budget and an independent balance sheet, settlement and other accounts in banks of the Kyrgyz Republic and abroad. The Association has the right to enter into contracts in its own name, acquire property and non-property rights and bear obligations, be a plaintiff and defendant in courts;
2.2 The Association has a round seal and stamps with its name in the state and official languages;
2.3 Within the framework of the legislation, the Association has independence in matters of internal organization, determining the form of management, remuneration, financial and economic activities;
2.4 The Association shall be liable for its obligations with all its property. The Association shall not be liable for the obligations of the state and its members, nor shall the state and the members of the Association be liable for the obligations of the Association;
2.5 The Association shall conduct its activities on the basis of the principles of equal rights of its members, legality, publicity, voluntariness and self-governance.
3. Goals and objectives of the Association
3.1 The goals of the Association are:
– To create a professional community promoting judicial and legal reform to improve access to justice for women, minor children and other vulnerable populations;
– Promoting, defending and representing the rights and interests of the members of the Association;
– assistance in strengthening the rule of law and raising the status of judges in the Kyrgyz Republic.
– Continuous assistance in building a state based on the rule of law and participation in creating conditions for full respect for human rights;
3.2 Tasks of the Association:
– Cooperation with state bodies, public organizations, international organizations;
– development of comprehensive cooperation between judges, prosecutors, lawyers and other legal professionals, promotion of strengthening the link between legal science, education and practice;
– independently or jointly holding congresses, conferences, seminars, round tables, discussions and other events with state bodies and public associations on issues of law and law enforcement practice of the courts, especially on family issues, protection of the rights of minors, persons with disabilities, migrant workers, other groups of the population and improvement of their access to justice;
– Reviewing, analyzing and preparing proposals for the adoption, amendment, supplementation or repeal of legislative and other normative legal acts;
– elaboration of scientifically substantiated recommendations on problematic issues related to the protection of the rights, freedoms and interests of citizens and their access to justice;
-Providing information, advisory and organizational assistance to members of the Association;
– Participation in legal reforms, improvement of the law-making process;
– Assistance in improving professional knowledge and skills of the members of the Association; – Establishment and development of professional relations with similar associations, including those of other countries;
– publishing bulletins of newspapers, legal magazines and other informational materials, as well as cooperation with the mass media;
– Assistance in strengthening the legal basis for the activity of judges and their social and legal protection;
– Contributing to the process of formation of a state based on the rule of law in the Kyrgyz Republic;
– to promote the prestige of the legal profession in the Kyrgyz Republic;
3.3 Rights of the Association:
3.3.1 The Association shall have the right to independently carry out external and internal relations with foreign organizations on the issues of its activity.
3.3.2 The Association has the right to freely disseminate information about its activities. 3.3.3 The Association shall have the right to participate in the development of decisions of public authorities and local self-government bodies in accordance with the procedure and to the extent provided for by the current legislation of the Kyrgyz Republic; the Association shall have the right to take initiatives on various issues of public life, make proposals to state and local self-government bodies.
3.3.4 The Association has the right to establish mass media and carry out publishing activities.
3.3.5 The Association has the right to fully exercise the powers provided by the current legislation for public associations.
3.3.6 The Association has the right to carry out other activities not prohibited by the current legislation, this Charter and aimed at achieving and implementing its statutory goals and objectives.
3.4 Duties of the Association:
3.4.1 The Association shall be obliged to strictly comply with the legislation of the Kyrgyz Republic, generally recognized principles and norms of international law relating to the sphere of its activities, as well as the norms stipulated by this Charter.
3.4.2 The Association shall ensure accessibility of information on its activities to the members of the Association.
4. Membership in the Association
4.1 The members of the Association may be judges of the Kyrgyz Republic, as well as retired judges who share the goals and objectives of the Association and fulfill the requirements of the present Charter.
4.2 The amount of entrance and annual membership fees shall be determined by the General Meeting of Members of the Association.
4.3 Membership in the Association and withdrawal from it shall be voluntary.
4.4 Membership in the Association is based on an application submitted to the Supervisory Board of the Association, with the simultaneous payment of the entrance and annual membership fees. Subsequent annual membership fees shall be paid in advance, not later than March 1 of the year for which the fee is paid.
4.5 Voluntary termination of membership in the Association is carried out by submitting an application to the Supervisory Board.
4.6 Membership in the Association may be terminated on the initiative of the Supervisory Board in exceptional cases and on the following grounds:
– non-payment of membership fees;
– early termination of the powers of a judge on non-rehabilitative grounds, commission of a misdemeanor discrediting the reputation of the Association.
4.7 In the presence of the grounds stipulated in clause 4.6. The Executive Director, a member of the Supervisory Board or at least 1/10 of the members of the Association shall submit a proposal to the Supervisory Board to expel a member from the membership of the Association.
4.8 The members of the Association shall have the right to:
– members of the Association have equal rights and obligations;
– participate in the management of the Association in accordance with the present Charter;
– elect and be elected to the management bodies of the Association;
– participate in the activities and programs implemented by the Association;
– receive necessary information on the activities of the Association;
– Use free of charge the normative legal acts available in the Association, computer and other equipment of the Association.
use free of charge the normative legal acts available in the Association, computer and other equipment, legal information systems and other services;
– Submit proposals on issues related to the Association’s activities to the Association’s governing bodies for their consideration;
– Submit applications to any body of the Association and receive a reply on the substance of their application;
– voluntarily withdraw from the Association by submitting a corresponding application.
4.9 Members of the Association are obliged to:
– comply with the present Charter;
– pay membership fees in the order and amount determined by the General Meeting and these Articles of Association;
– refrain from actions that may damage the interests and reputation of the Association and its members.
5. Governing Bodies of the Association
5.1 The governing bodies of the Association shall be:
– General Meeting of the members of the Association – the supreme management body (hereinafter referred to as the “General Meeting”);
– Supervisory Board – the supervisory and advisory body; – Executive Director – the executive body.
– Auditor – supervisory and auditing body
5.2 The Annual General Meeting shall be held no later than August 1 of the following year. All other General Meetings shall be extraordinary.
5.3 The exclusive competence of the General Meeting of Members includes:
– determination of the priority areas of the activities of the public association; – the procedure for the use of the Association’s property;
– election and recall of members of the Supervisory Body and the Auditor of the Association;
– approval of the annual report on the activities of the Association and the annual balance sheet;
– making decisions on the establishment of branches, representative offices and other legal entities; – participation in the activities of other legal entities;
– participation in the activities of other legal entities
– Deciding on the reorganization and liquidation of the Association and appointing a liquidation commission;
– determining the amount of the annual membership fee;
– reorganization and liquidation;
– other issues, except those referred by the Charter to the competence of other bodies of the Association.
5.4 The notice of the General Meeting and the agenda shall be sent to the members of the Association (by post or e-mail) or published on the official website of the Association no later than 15 days prior to the General Meeting, and of an Extraordinary General Meeting no later than 10 days prior to the General Meeting.
5.5 An Extraordinary General Meeting may be convened on the initiative of the Supervisory Board, the Executive Director, as well as on the initiative of 1/10 of the members of the Association, through the Executive Director.
5.6 The General Meeting shall not be entitled to consider issues not included in the agenda, unless more than half of the members present at the General Meeting vote in favor of the proposal on the agenda.
5.7 The members of the Association shall have the right to submit proposals to the Supervisory Board regarding agenda items of the forthcoming General Meeting.
5.8. The General Meeting has a quorum if at least one fourth of its members participate in the adoption of a decision.
5.9. A decision on making amendments and additions, approval of the Association’s Charter in a new version, reorganization and liquidation of the Association requires 2/3 of the votes of all members of the Association.
5.10. Decisions on the disposal of the Association’s property shall be made by at least 2/3 of votes of the total number of the Association’s members.
5.11. Decisions on other matters shall be made by a simple majority of the members of the Association present at the General Meeting.
5.12. The Supervisory Board is the supervisory and advisory body of the Association, which carries out general management of the Association’s activities between General Meetings and consists of 9 members.
5.12.1 The Supervisory Board shall be elected by the General Meeting for a term of three years by open voting, by a majority of votes of the members present at the General Meeting from among the members of the Association.
5.12.2. The Chairman of the Supervisory Board shall be in charge of the general management of the Supervisory Board’s activities and shall conduct the meetings of the Supervisory Board.
5.12.3 The Chairman of the Supervisory Board shall be elected from among the members of the Supervisory Board also by open voting.
5.12.4. The Chairman of the Supervisory Board opens and presides at the General Meeting of Members of the Association.
5.12.5 In case of retirement of a member of the Supervisory Board, election of a new member of the Supervisory Board shall be carried out in accordance with clause 5.12.1. of the present Charter.
5.13. Competence of the Supervisory Board:
– accepts and expels members of the Association;
– determines the exact number of members before the general meetings of the Association, at which strategic issues are considered (amendments and additions,
approval of the Charter of the Association in a new version, property and liquidation, reorganization), requiring 2/3 of votes of the total number of members of the Association;
– determines the number of committees of the Association;
– approves the regulations on the committees of the Association and other internal local normative acts, except for the normative acts approved by the General Meeting of the Association;
– Controls the execution of the decisions of the General Meeting of the Association members;
– considers and approves the budget of the Association;
– prepares issues to be discussed at the General Meeting of Members of the Association, including proposals for amendments and additions to the budget of the Association.
including proposals for amendments and additions to the present Charter;
– approves the regulations on branches and representative offices, appoints their heads, approves the budget and staff schedule of the branch (representative office);
– appoints the Executive Director;
– approves the structure and staff schedule of the executive body of the Association; – hears reports on the activities of the Executive Director, structural subdivisions and committees;
– approves the award list of members of the Association who take an active part in the development of the Association’s activities, awards, presents insignia.
5.14. Meetings of the Supervisory Board shall be held as necessary, but at least once a quarter. Meetings shall be deemed competent if they are attended by more than half of the total number of members of the Supervisory Board. All members of the Supervisory Board shall be personally notified of the date of the Supervisory Board meeting and the agenda by the Executive Director of the Association.
5.15. Resolutions are adopted by open voting by a simple majority of votes of the members of the Supervisory Board present at the meeting (in case of equality of votes, the Chairman of the Supervisory Board has the casting vote).
5.16. Meetings of the Supervisory Board shall be conducted by the Chairman of the Supervisory Board, and in his absence – by one of the members of the Supervisory Board of the Association.
5.17. Minutes of meetings of the Supervisory Board shall be kept by the executive secretary elected from among the members of the Supervisory Board of the Association, and if necessary by any member of the Supervisory Board.
5.18. The Executive Director is the executive body of the Association:
5.18.1 The Executive Director of the Association shall carry out the day-to-day management of the Association’s activities in accordance with this Charter.
5.18.2. The Executive Director is appointed by the Supervisory Board of the Association for a period of 3 years. The Executive Director shall have an Apparatus. The structure and staff of the Apparatus shall be approved by the Supervisory Board.
5.18.3 The Executive Director may be early dismissed from his/her position for health reasons and other reasons stipulated by this Charter, the contract and the current legislation of the Kyrgyz Republic. The Executive Director shall bear responsibility within the framework of the current legislation and this Charter.
5.18.4 The grounds for dismissal of the Executive Director may include:
– commission of actions that harmed the reputation of the Association; – failure to properly fulfill his/her duties.
5.18.5 In case of prolonged absence due to illness, business or creative travel, or for other valid reasons, the Executive Director has the right to entrust the fulfillment of his/her duties to another employee for the period of his/her absence with the consent of the Supervisory Board.
5.18.6 Functions of the Executive Director:
-represents the Association in relations with state authorities, local self-government bodies and their officials, local and foreign legal entities and individuals without power of attorney;
– ensures the implementation of the provisions of this Charter, the main directions of the organization’s activities and other governing documents of the Association;
– organizes and carries out current management and control over the activities of structural subdivisions, including committees;
– ensures organizational work and financial and economic activities of the Association;
– reports on the work done to the General Meeting of Members of the Association and the Supervisory Board of the Association;
– disposes of the property and funds of the Association within the limits of its competence and approved estimates;
– has the right to be the first signatory of the Association’s financial documents;
– organizes the maintenance of accounting, operational and statistical records and reports, is responsible for their accuracy and timely preparation and submission.
– Performs civil law transactions on behalf of the Association;
-on behalf of the Association, with the consent of the members of the Supervisory Board, makes claims and suits against legal entities and citizens;
– ensures preparation for the General Meeting of the Association members; -administers (keeps records) of the Association members;
-hires and dismisses employees of the Association;
-issues powers of attorney on behalf of the Association;
-opens accounts of the Association in banks and other credit organizations;
-exercises other powers in accordance with this Charter, except for the powers attributed to the exclusive competence of the General Meeting and the Supervisory Board of the Association.
5.19 The Auditor
5.19.1 The Auditor shall control the financial and economic activities of the Association, controlling the correctness of spending of funds, maintenance of accounting books and other issues in accordance with the decision of the General Meeting.
5.19.2 The Auditor is elected by the General Meeting of Members of the Association. The Auditor shall conduct audits of the financial and economic activities of the Association according to the results of the year and submit his/her opinion thereon.
5.19.2 The results of the Auditor’s inspections shall be presented to the General Meeting of Members of the Association and the Supervisory Board.
5.19.3 By decision of the General Meeting, audits of the financial and economic activities of the Association may be carried out on a contractual basis by independent audit organizations.
5.19.4 The Auditor shall have the right to demand that the officers of the Association provide documents on the Association’s financial and economic activities.
6. Property of the Association
6.1 The property of the Association shall consist of fixed and current assets, as well as other property recorded on its balance sheet.
6.2 The property and funds of the Association shall be formed at the expense of:
-contributions from the members of the Association;
-bank loans and other borrowed funds;
-grants, charitable contributions, donations from organizations and citizens, including foreign ones;
-other sources not prohibited by the legislation of the Kyrgyz Republic.
6.3 The funds of the Association shall be used for:
– realization of the statutory tasks of the Association;
– remuneration of labor of the employees of the Association;
– purchase of property necessary for the activities of the Association, as well as rent of premises;
– social development of the Association;
– other expenses necessary for the activities of the Association that are not contrary to the laws of the Kyrgyz Republic.
6.4 The activities of the Association shall not be aimed at making profit; the income received by the Association shall be used to achieve its statutory goals and objectives.
7. Termination of the Association’s activities
7.1 The Association’s activities shall be terminated through reorganization or liquidation in accordance with the procedure established by the laws of the Kyrgyz Republic.
7.2 Reorganization of the Association (merger, division, annexation, spin-off) shall result in the transfer of rights and obligations belonging to the Association to its legal successors under the separation balance sheet or transfer act.
7.3 The Association may be liquidated by decision of the General Meeting or the court.
7.4 The body that has taken the decision on liquidation shall appoint a liquidation commission to which all powers to manage the Association shall be transferred.
7.5 In the event of the liquidation of the Association, the property remaining after settlements with creditors shall be transferred to the liquidation commission of a public association or a public foundation whose activities are aimed at the realization of goals that coincide with the goals of the Association.
7.6 The Association shall be deemed to have ceased its activities from the moment the registration authority issues an order to that effect.
7.7 In the event of liquidation of the Association, documents arising in the course of its activities shall be stored in accordance with the procedure established by the Law “On the National Archive Fund of the Kyrgyz Republic”.
8.Procedure for making amendments and additions to the Charter of the Association
8.1 Amendments and additions to the Charter of the Association may be made exclusively by the General Meeting of Members of the Association in accordance with the procedure established by this Charter.
8.2 Amendments and additions to the Charter shall become effective from the moment of state registration in accordance with the procedure established by law.
Executive Director: Z.S. Turumbekova.