1. GENERAL PROVISIONS
1. The Public Organization “Hamqadam” (the “Organization”) is a voluntary, self-governing, non-profit public organization and operates in accordance with the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan “On Public Associations”, other regulatory legal acts and international legal acts recognized by the Republic of Tajikistan, and this Charter.
2. The Organization operates independently and has the right to cooperate with local and international organizations that have similar goals and objectives.
3. The Organization is liable for its obligations with its own funds and property.
4. From the moment of its state registration, the Organization is a legal entity, has separate property, fixed and working capital, an independent balance sheet and bank accounts, including foreign currency accounts, and may acquire property and non-property rights and sue and be sued in court.
5. The governing body of the Organization is located at: 10 Jabbor Rasulov Street, Sino District, Dushanbe, Republic of Tajikistan.
6. The Organization carries out its statutory activities within the territory of the Republic of Tajikistan.
2. PURPOSE, OBJECTIVES AND ACTIVITIES OF THE ORGANIZATION
7. The main purpose of the Organization is to promote sustainable development, support the initiatives of teenagers and young people in digitalization and ecology, and raise the level of well-being and improve the social and economic situation of society.
8. To achieve these goals, the Organization may, in the manner established by the regulatory legal acts of the Republic of Tajikistan, carry out the following activities:
- helping to strengthen human capital, develop young people’s personal and professional abilities, and raise young people’s digital literacy, artificial intelligence literacy and use of digital technologies;
- helping to organize and hold national and international forums, symposiums, research-to-practice conferences and trainings to involve young people in public life, develop their intellectual abilities and raise public awareness;
- helping to develop, adapt and implement national and international plans and projects to widen access to modern education and to organize training courses in vocational skills and crafts, sciences, programming (IT), innovation and invention;
- helping to strengthen civic responsibility and social engagement, and supporting the initiatives of teenagers and young people in innovation, project work and solving community problems;
- helping to provide social assistance to the population in the field of ecology and the sustainable use of natural resources, and organizing and holding tree-planting campaigns, planting ornamental and shade trees, and clearing household waste from the banks of rivers and lakes, springs and recreation areas;
- helping to promote healthy lifestyles, psychological support, and awareness-raising and information work among the population, especially teenagers and young people, to prevent harmful habits; implementing educational programmes on the health of teenagers and young people; preventing infectious diseases; and improving the mental and emotional well-being of members of society;
- helping to strengthen dialogue and partnership between young people, society, government bodies, the private sector and international organizations;
- helping to cooperate with government, public and international organizations in developing joint development programmes, promoting healthy lifestyles, supporting the economic initiatives of teenagers and young people and implementing environmental programmes, as well as in achieving the Sustainable Development Goals;
- helping to promote environmental culture, environmental protection, climate change adaptation measures, the protection and preservation of glaciers and water resources and the sustainable use of water, and raising awareness among teenagers and young people of their importance;
- helping to establish fruitful cooperation with national and foreign organizations and to attract targeted investment (grants) to support the initiatives of teenagers and young people in digitalization and ecology and to improve the social and economic situation of society.
9. Statutory activities that require separate approval are carried out after coordination with the competent authority in the relevant field.
10. The Organization carries out activities that require a special permit only when it holds such permits (licences).
3. RIGHTS AND OBLIGATIONS
11. To achieve its statutory goals and fulfil its objectives, the Organization has the right, in accordance with the legislation of the Republic of Tajikistan, to:
- inform the public about its activities;
- open accounts in banking institutions in the Republic of Tajikistan and abroad;
- represent and protect the rights and lawful interests of its members before government bodies, the courts and other organizations and institutions;
- conclude various agreements with public organizations to achieve its statutory goals.
12. Obligations:
- to comply with the Constitution of the Republic of Tajikistan, the regulatory legal acts of the Republic of Tajikistan, the international legal acts recognized by Tajikistan and the rules set out in this Charter;
- to submit to the registering authority (the Ministry of Justice), by 1 April each year, information on the continuation of its activities in the form established by the Ministry of Justice of the Republic of Tajikistan, stating the legal address of the Organization’s governing body;
- at the request of the registering authority, to submit the decisions of the governing bodies and officials of the public association, as well as a report on its activities;
- to invite representatives of the registering authority to public events held by the public association;
- to assist representatives of the registering authority in becoming acquainted with the activities of the public association as regards the achievement of its statutory goals and compliance with the legislation of the Republic of Tajikistan;
- to publish each year, on its own website or that of the registering authority (the Ministry of Justice), a financial report with detailed information on income and expenditure;
- to assist representatives of the registering authority (the Ministry of Justice) in accessing information on the Organization’s activities in accordance with the legislation of the Republic of Tajikistan;
- to publish each year, on its own website or that of the registering authority (the Ministry of Justice), a financial report with detailed information on income and expenditure;
- when receiving voluntary contributions, donations, grants or property from foreign states, foreign legal entities, legal entities established with the participation of foreign parties, international organizations and international social movements, or through other individuals and legal entities, to notify the registering authority (the Ministry of Justice) within 10 days.
4. CONDITIONS FOR ACQUIRING AND LOSING MEMBERSHIP
13. Citizens of the Republic of Tajikistan aged 18 or over, and foreign citizens who permanently reside in the Republic of Tajikistan or hold a residence permit in the Republic of Tajikistan, may become members of the Organization.
14. Membership is open regardless of gender, nationality, race or religion.
15. Admission to and withdrawal from membership of the Organization take place on the basis of a citizen’s personal application and a decision of the Organization’s Board.
16. A member of the Organization has the right to:
- take part in the management of the Organization in accordance with this Charter;
- take part in programme activities carried out by the Organization in the Republic of Tajikistan and abroad;
- elect and be elected to the Organization’s governing bodies;
- take part in all of the Organization’s activities and initiatives;
- make proposals on matters relating to the Organization’s activities;
- leave the Organization.
17. Obligations of a member of the Organization:
- to comply with the legislation of the Republic of Tajikistan and the Charter of the Organization in their activities;
- to pay the membership fee on time, if one is set;
- to carry out the decisions of the Organization’s governing bodies on time;
- to refrain from actions unrelated to the Organization’s statutory goals that cause it harm.
18. Applications for admission to and withdrawal from membership of the Organization are considered at a meeting of the Board.
5. GOVERNING BODIES AND THE AUDIT AND CONTROL BODY
19. The highest governing body of the Organization is the General Assembly.
20. The General Assembly meets at least once a year, with a quorum of at least two thirds of members’ votes, and is convened by the Board.
21. Powers of the General Assembly:
- adopting the Charter of the Organization and amending and supplementing it;
- electing the Chairperson of the Organization;
- electing the members of the audit and control body;
- electing the Board of the Organization;
- electing the chairperson and members of the audit and control body;
- hearing the reports of the Board of the Organization and the audit and control body;
- setting the Organization’s programme of activities;
- approving programmes and projects;
- considering and deciding on the dissolution of the Organization.
22. Between General Assemblies, the governing body of the Organization is the Board of the Organization.
23. The Board of the Organization has the following powers:
- preparing documents for and convening the General Assembly;
- developing long-term programmes and projects;
- setting the main areas of the Organization’s activities;
- organizational work on preparing and holding events;
- overseeing the implementation of approved programmes;
- conclusion of an employment and services contract between the Chairperson of the Board and the Chairperson of the Organization.
24. The composition of the Board is determined by the General Assembly. Board meetings are held once every three months. The Board of the Organization is elected by the General Assembly for a term of 5 years.
25. Between General Assemblies and Board meetings, the overall activities of the Organization are carried out and led by the Chairperson of the Organization.
26. The Chairperson of the Organization has the following powers:
- convening the Board of the Organization and preparing the relevant documents;
- concluding employment contracts with citizens;
- appointing the Organization’s accountant;
- setting the procedure for remuneration in compliance with the legislation of the Republic of Tajikistan;
- using the Organization’s property and funds to carry out its tasks;
- concluding contracts, agreements and arrangements on behalf of the Organization without a power of attorney;
- establishing and closing branches and representative offices, appointing and dismissing their heads, and approving their regulations;
- managing business and financial activities, and representing the Organization in its relations with other public and state organizations and with individuals and legal entities of the Republic of Tajikistan and other countries.
27. The Chairperson of the Organization is elected by the General Assembly for a term of 5 years.
28. Financial activities are overseen by the audit and control body.
29. The chairperson and members of the Audit Commission are elected by the General Assembly for a term of 5 years. The audit and control body audits financial activities every year, and the report on the audit is submitted to the General Assembly of the Organization.
30. The audit and control body consists of a chairperson and two members.
6. SOURCES OF FUNDS AND OTHER PROPERTY
31. The Organization’s property is formed from its own funds and attracted funds.
32. Own funds consist of entrance and membership fees.
33. Attracted funds are funds (grants, loans) received from implementing projects, agreements and contracts, funds received from investors, and other income.
34. The Organization may own buildings, structures, housing, vehicles, equipment, inventory, cultural, educational and health-related property, funds, shares, securities and other property needed to provide material support for its statutory activities.
7. STRUCTURAL UNITS
35. To achieve its goals and fulfil its objectives, the Organization may establish branches and representative offices throughout the territory in which it operates.
36. Branches and representative offices of the Organization are not legal entities.
37. Branches and representative offices of the Organization do not have ownership rights over the property assigned to them.
38. Branches and representative offices of the Organization manage the property assigned to them in agreement with the Organization.
39. Structural units of the Organization without legal entity status operate on the basis of regulations.
40. Depending on its capacity, the Organization may establish branches and representative offices in the city of Bokhtar in Khatlon Region, the city of Khujand in Sughd Region, and the districts of republican subordination: the cities of Dushanbe, Vahdat, Tursunzoda and Hisor.
8. BUSINESS ACTIVITIES
41. The Organization is non-profit and may carry out business activities to achieve the statutory goals for which it was established.
42. The Organization carries out business activities in accordance with the Civil Code of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan.
43. Income from the Organization’s business activities may not be distributed among its members or participants and must be used solely to achieve its statutory goals.
44. The Labour Code of the Republic of Tajikistan applies to the Organization’s staff (permanent employees), who are entitled to a salary.
9. PROCEDURE FOR AMENDING THE CHARTER
45. Amendments and additions to the Charter of the Organization are approved by a decision of the General Assembly.
46. The amended Charter of the Organization must be re-registered with the Ministry of Justice of the Republic of Tajikistan.
10. PROCEDURE FOR REORGANIZATION AND DISSOLUTION OF THE ORGANIZATION
47. The Organization is reorganized or dissolved in the following cases:
- reorganization — by a decision of the General Assembly with two thirds of the votes of the Organization’s members;
- dissolution — by a decision of the General Assembly with two thirds of the votes of the Organization’s members, and also, in cases provided for by law, by a court decision.
48. Property remaining after the dissolution of the Organization is used, once creditors’ claims have been satisfied, for the purposes set out in the Organization’s Charter.
49. The dissolution of the Organization is carried out by a liquidation commission by decision of the General Assembly.