| The
Statute
of the
Center for Protection of Natural and Cultural Heritage
of Kosovo and Metohija - MNEMOSYNE
Based on the Article 28 of the Statute
of the Center for Protection of Natural and Cultural Heritage
of Kosovo and Metohija – MNEMOSYNE, the
Assembly of the Center for Protection of Natural and Cultural
Heritage of Kosovo and Metohija-MNEMOSYNE adopted at the session
held on 16 October 2000 Decision on modifications of the Statute
so as it reads:
THE STATUTE
of the Center for Protection of
Natural and Cultural Heritage
of Kosovo and Metohija - MNEMOSYNE
(Final
text)
Article
1
The Center for Protection of Natural and Cultural
Heritage of Kosovo and Metohija-MNEMOSYNE is association of
citizens established for the territory of Federal Republic of
Yugoslavia and who are associated on the voluntary basis and
of free will under equal conditions.
Center for Protection
of Natural and Cultural Heritage of Kosovo and Metohija –
MNEMOSYNE is founded with the objective to help preservation
and prevent further destruction of complete heritage of Kosovo
and Metohija in accordance with regulations and international
and domestic legislation in the field of protection of natural
and cultural heritage.
Center for Protection
of Natural and Cultural Heritage of Kosovo and Metohija –
MNEMOSYNE will perform its activities in compliance with
the Resolution No. 1244 of the Security Council of UN, dated
20 June 1999, as well as with the Regulation No 1999/22 dated
15 November 1999 on establishing, registration and activities
of non-governmental organisations in Kosovo and with other regulations
that directly or indirectly refer to protection of natural and
cultural heritage in Kosovo and Metohija (further referred to
as: applicable law).
Article 2
This Statute sets the
objectives and tasks, methods and ways of their realisation,
mutual rights, commitments and responsibilities of its members
and bodies, representation, acquiring, using and managing of
financial means as well as all other matters that are of importance
to the Center for Protection of Natural and Cultural Heritage
of Kosovo and Metohija – MNEMOSYNE.
Article 3
Full title of the association
is Center for Protection of Natural and Cultural Heritage of
Kosovo and Metohija – MNEMOSYNE (hereinafter referred to as
the Center).
The seat of the Center is in Belgrade.
The Center
shall perform its activities in the territory of the Federal
Republic of Yugoslavia.
Article
4
The Center is a legal person with the rights, obligations
and responsibilities based on regulations and legislation under
Art. 1, paras 2 and 3 of this Statute and in compliance with
the applicable law.
Article 5
The Center has a seal
which is round and a stamp which is square containing inscription
in Cyrillic: Center for Protection of Natural and Cultural Heritage
of Kosovo and Metohija – MNEMOSYNE.
The Center
has a nine letters logo MNEMOSYNE graphically designed.
Article
6
The Center shall help,
stimulate and coordinate activities of its members in realisation
of common objectives and tasks and in accordance with this Statute.
Article
7
The Center has the following
objectives:
- to insist on application and
enhancement of the existing status of special protection of
natural and cultural heritage in Kosovo and Metohija
- to appeal to all concerned to
prevent and stop any further endangerment or of natural and
cultural and intellectual heritage of Kosovo and Metohija
- to connect activities of the
Center with activities of domestic institutions and non-governmental
organisations in charge of protection of heritage as well
as with other national, regional and international organisations
active in the field of protection of heritage;
- to link interests of protection
with domestic and national, regional and international non-governmental
organisations in the field of education;
- to support respecting and enhancement
of the application of international and national codices of
professional ethics.
In accordance with these
objectives the Center has the following tasks:
- to help in providing technical,
legal, scientific, spiritual and social protection of heritage
of Kosovo and Metohija in compliance with domestic and international
regulations and legislation;
- to engage in preventing illicit
trade of cultural heritage of Kosovo and Metohija;
- to follow up and publicize the
results achieved in protection of heritage of Kosovo and Metohija;
- to publish communications in
bulletins, journals, on the Internet and in other media;
- to propose and organise professional
congresses, meetings, seminars, consultations and the like
with the aim of complete scientific, cultural, educational
and intellectual revitalization of Kosovo and Metohija.
Article 8
In realisation of its
objectives and tasks set out in Art. 7, the Center performs,
as non-for-profit, the following activities:
- activities of professional associations;
- protection of cultural property,
natural history and other objects of importance;
- publishing of books, brochures,
music works and other publications;
- publishing of magazines and similar
periodicals;
- other publishing;
- reproducing video documents;
- establishing data bases;
- congresses, fairs;
- communications with the public;
- photographic services;
In order to meet the common needs and interests, the plans and programmes
of work in the Center shall be adopted.
Article
9
The activities of the
Center as well as of its bodies and organs shall be public.
Article
10
The Center shall take
necessary steps to make its work public and to constantly inform
its members about all the topics covering the work of the Center,
decisions and other acts adopted by the Center.
In order
to better and more complete inform the members of the Center
and other interested parties, media can be used as well as publications
belonging to the Center (bulletins, information papers, magazines,
newspapers, reports and the like).
Article 11
No data shall be published
and presented that are defined as classified by the law, as
well as data that a general act of the Center defines as such.
Public statements
in the name of the Center by a member shall be made with the
approval of the Board of the Center.
Article 12
The Center shall discuss
initiatives, suggestions or remarks concerning the protection
of heritage made by an interested party or any other subject.
Body having
discussed the suggested initiative, suggestions or remarks from
para.1 of this article shall inform the proposer on its decision.
Article 13
The Center is a voluntary,
professional, non-governmental and non-political association
in the field of heritage protection in the territory of FR Yugoslavia
that in realisation of objectives and tasks set by the Article
7 of this Statute shall take such steps as are necessary to
organise co-operation and mutual assistance among experts in
all aspects of protection in the country and abroad as well
as with scientific and professional institutions in the country,
related professional associations and organisations, and with
other similar associations and movements.
Article
14
The Center may become member of a related regional
or international scientific and professional organisation or
association.
Decision
on associating organisations under para. 1 of this Article shall
be brought by the Assembly.
Article 15
Membership in the Center
is on a voluntary basis.
The members of the Center
shall be assigned to following categories:
a) Regular Members;
b) Associate Members;
c) Members Donors.
a) Regular Members shall
be persons or legal persons in the territory of FR Yugoslavia
which abide by the objectives and tasks of the Center as set
in the Article 7 of this Statute.
Regular Member shall be a person who is professionally or scientifically
engaged in protection of natural and cultural heritage, i.e.
a person particularly interested in the protection of heritage
of Kosovo and Metohija regardless of his race, gender, religious
beliefs, nationality, age, sexual orientation or physical abilities.
A Regular Member shall be a legal person offering support to
the objectives and tasks as set by the Article 7 of this Statute
and showing particular interest in the activities for protection
of heritage of Kosovo and Metohija.
b) Associate Members
shall be persons or legal persons having interest in and supporting
the objectives and tasks as set in the Article 7 of this Statute.
Associate members are entitled to participation in the work
of the Assembly but they are not entitled to seek election or
vote for the bodies and organs of the Assembly of the Center.
Associate Members may be persons who are not Yugoslav citizens
or legal persons with seats outside FR Yugoslavia.
c) Members Donors shall be persons or legal persons which by
financial and other donations contribute to the success of the
work or realisation of objectives and tasks of the Center.
Members Donors shall not restrict their donations by imposing
purposes or any other intentions on the Center.
Member Donors
shall not be entitled to seeking election or to voting for organs
and bodies of the Assembly of the Center.
Article
16
With the exception of Member Donors, all persons
or legal persons wishing to become members of the Center shall
make application in writing and send it to the Board of the
Assembly of the Center.
The Board shall consider all the applications and accept or
reject them without discrimination of any kind, other than prescribed
by the Article 15, subparas (a), (b), and (c).
Membership
of the Center shall not be available to any person or legal
person not acting in accordance with international conventions
and national legislation on protection of cultural heritage.
Article 17
Membership rights accrue
to the member, upon the acceptance of the application.
Article 18
If an application for
membership is rejected by the Center, the applicant may seek
review of the decision by the Assembly of the Center as the
second-instance organ. Decision in any such review shall be
final and not subject to further appeal.
Article 19
The membership shall
cease if any of the following circumstances apply:
a) the member resigns
in writing;
b) the Assembly brings a decision on excluding the member.
Member of the Center
may be excluded only in case activities of a member arsubstantially
inconsistent with the objectives of the Center as set in the
Article 7 of this Statute.
Article 20
Regular Member of the
Center shall have the right to:
- participate in the work of the
Center;
- seek election and vote for organs
and bodies of the Assembly of the Center;
- be regularly informed about the
activities of the Center and of the financial matters;
- submit proposals, opinions and
remarks concerning the work of the organs and bodies of the
Assembly of the Center and to be informed about the same;
- participate in carrying out objectives
under Article 7 of this Statute;
Article 21
Each person being a Regular
Member may exercise a single vote.
The voting rights of a Regular Member – legal person shall be
exercised only by a designated representative of that member.
Decision on the number of members – representatives of a legal
person in the Assembly of the Center shall be decided by the
Assembly on the occasion of accepting a legal person as a regular
member, but the total number shall not exceed five members.
Voting rights
in the Assembly or in an organ or a body of the Assembly of
the Center shall be set by this Statute.
Article 22
The governance of the
Center shall be in compliance with the principles and provisions
set by the Constitution, Law and this Statute.
Article 23
The organs of the Center
are:
- the Assembly;
- Board;
- Supervisory Board.
Article
24
The decisions on establishing
the Center, adoption of the Statute and Rules of Procedure of
the Assembly and the Board shall be taken at the founding meeting
of the Assembly.
The chairperson and members of the Board shall be elected at
the same meeting.
The chairperson
and members of the Supervisory Board shall be elected at the
same meeting.
Article 25
The Assembly of the Center
(hereinafter referred to as the Assembly) is the highest governing
body.
The Assembly is constituted by all regular and associate members
of the Center.
The Mandate of the Assembly shall not be limited, that is it
shall be as long as the conditions for the existence of the
Center last.
Meetings of the Assembly shall be convened at least once a year.
The meetings of the Assembly may be convened upon request of
the Board, or of Supervisory Board or upon request in writing
by at least one quarter of Center membership.
The Chairing
person shall be elected at every meeting of the Assembly.
Article 26
An extraordinary Assembly
meeting shall be held upon request of the Board, Supervisory
Board of at least ¼ (one quarter) of the membership of
the Center.
Article 27
The written notice of
the Assembly meeting with the Agenda shall be distributed at
least one month prior to the set date of the meeting.
If the situation
so requires, the notice can be distributed in a shorter period
but not shorter than seven days.
Article 28
The functions of the
Assembly are to:
- adopt and amend the Statute;
- adopt decision on organisation
and work of the Board and working bodies of the Center;
- elect the chairing person for
every meeting of the Assembly;
- elect and release the chairperson
and members of the Board;
- elect and release the chairperson
and members of the Supervisory Board;
- adopt the Rules of Procedure
of the Assembly;
- adopt the Rules of Procedure
of the Board and other documents as necessary;
- adopt guidelines, objectives
and tasks for the work of the Center;
- receive and adopt reports on
activities and financial operations of the Center;
- adopt long-range plans of work;
- take decisions on joining associations,
related organisations, movements or international and regional
organizations;
- take decisions as a second-instance
organ on accepting or excluding members of the Center;
- proclaim members - donors upon
proposal of the Board;
- award letters of thanks, rewards
and the like for the contribution to the realisation of objectives
and tasks of the Center;
- elect and release its representatives
in other organisations and organs as necessary;
- take decision on matters requiring
going on record by the members of the Center and on how that
shall be done;
- decide on the number of representatives
of a legal person – member of the Assembly as regular members
of the Assembly;
- decide on dissolution of the
Center;
- put to voting confidence to the
members of the Center even before their mandate terminates
upon request of at least ¼ of the membership;
- carry out other tasks related
to the work of the Center as set by the applicable law.
The Assembly may raise
the initiative for carrying out specific projects or for participating
by its activities in the carrying out of other subjects’ projects.
Article 29
The Assembly decisions
are valid if one half plus one member of the total number ofmembers
of the Center attend the meeting.
Decision shall be taken by simple majority of votes of members
present.
Decisions shall be taken by casting open votes unless the Assembly
decide different.
Election
of the candidates for the organs of the Assembly shall be by
open votes cast unless the Assembly decide differently.
Article 30
The Assembly shall act
in accordance with its Rules of Procedure.
Article 31
Each person - regular
member of the Center may exercise a single vote.
Each legal person – regular member of the Center shall designate
in writing up to 5 representatives each with one vote.
Representatives
of the members unable to attend the meeting shall be authorised
in writing to vote on behalf of the absent member and the chairperson
of the meeting shall be advised on this before the commencement
of the meeting. One person is entitled to represent up to two
absent members.
Article 32
If there is no quorum
for the meeting of the Assembly as set in the Article 29 of
this Statute, the meeting shall be postponed and new one convened
in 15 days.
Article 33
In case the Board does
not convene the meeting in the set term, the proposer shall
convene the meeting of the Assembly in compliance with the Procedure.
In case the regular annual meeting of the Assembly is not convened
or over 12 months elapse from the previous meeting, the Assembly
may be convened by other organs of the Center – Supervisory
Board of group of members of the Center.
In case the
Assembly is not convened in the period of 18 months, the mandate
of the organs of the Center shall terminate and holders of offices
lose the right and authority to represent the Center.
Article 34
The Assembly may establish
working bodies, boards, commissions, councils and the like for
carrying out particular tasks.
Composition
and objectives of working bodies shall be set by the Rules of
Procedure of the Board and of Working Bodies of the Center.
Article 35
The Assembly of the Center
shall elect the Board from among its members.
Board of the Assembly of the Center (hereinafter referred to
as the Board) is the governing body of the Assembly managing
the work of the Center between the meetings of the Assembly.
The Board
shall decide on all matters that are in its power, in accordance
with this Statute, Law and business agreements.
The Board is responsible to the Assembly for its work.
Article 36
The Board consists of
a chairperson and 4 (four) members.
The chairperson
and members of Board are elected for a term of two years, and
are eligible for re-election.
Article 37
Chairperson of the Board
presides the Board.
Chairperson
of the Board represents and acts on behalf of the Center.
Article 38
Person in charge of financial
operations of the Center shall be elected from among the members
of the Board for a term of two years and may be re-elected.
Member of
the Board under para. 1 of this Article shall deputize for the
chairperson of the Board in case of absence.
Article 39
If a vacancy arises in
the Board from whatever reasons, the Board may co-opt a member
of the Center to fill the vacancy until the next meeting of
the Assembly.
The mandate of the new elected member of the Board shall last
till the term of the replaced member is elapsed. This shall
not preclude such a member from being elected for the next consecutive
term of the Board.
The number of co-opted members shall not exceed two.
In case more
than two members of the Board need to be co-opted, the Assembly
shall organise new elections for the Board.
Article 40
The mandate of a member
of the Board shall cease if:
1.
a person resigns in writing;
2.
if the person ceases to be member of the Center on any ground;
3.
in other cases set by the Law.
Article 41
Meetings of the Board
shall be convened when the need arises and four times a year
at least.
Article 42
The quorum for the meeting
of the Board shall be the two-third majority of the Board membership.
Matters shall be decided by majority of the total number of
members of the Board.
The chairperson of the Board shall convene the meetings of the
Board, and if he is from any reason unable to do so, member
of the Board in charge of financial operations shall do so.
At least three members of the Board may propose a meeting of
the Board to be convened.
Members of the Assembly of the Center shall have the right to
attend the meetings of the Board depending on the matters discussed.
The Board
may, if the need arises, include in its work other experts than
the members of the Board.
Article 43
The functions of the
Board are to:
- take such actions as necessary
to give effect to the decisions, conclusions and recommendations
of the Assembly
- propose and if the need arises
prepare the amendments of the Statute and other documents
adopted and declared by the Assembly
- accept new members of the Center
and advise the Assembly accordingly
- adopt annual programmes of the
work of the Center
- adopt annual financial plans
of the Center
- take such actions as necessary
to carry out programmes of work adopted by the Assembly
- consider periodical reports on
carrying out programmes and financial operations of the Center
- adopt the annual balance sheet
of the Center
- elect members of the working
bodies established by the Assembly
- maintain insight into the work
of other organs and bodies and give proposals for enhancing
their work
- co-operate and maintain contacts
with scientific and professional organisations and institutions
in the country and abroad
- make contracts and agreements
on business and programme cooperation and on associating with
other associations
- prepare proposals for the Assembly
for members of the Center and other distinguished persons
in the field of science and culture for awards, letters of
thanks, decorations, etc.
- prepare proposals for the Assembly
for persons and legal persons for awards, letters of thanks,
etc.
- manage the assets of the Center
- elect the editorial board members
of publications issued by the Center
- decide on projects of the Center
- decide on appointing staff in
the Centre if the need arises
- set the rights and duties of
the staff in the Center
- decide on other matters set by
the Statute and other documents within the framework ofits
functions.
The Board shall appoint
the manager of a project and transfer part of its powers except
the function of giving financial orders unless the rules of
the ordering party require different.
Article 44
In order to ensure control
over the work of the Assembly, its organs and bodies, the Supervisory
Board of the Center (hereinafter referred to as the Supervisory
Board) shall be established.
The Supervisory Board consists of a chairperson and two members
elected by the Assembly for a term of two years, eligible for
re-election.
The Assembly shall elect the chairperson of the Supervisory
Board from among its members.
Person having a position in the Assembly, its organs and bodies
shall not be elected chairperson of the Supervisory Board.
Members of
the Supervisory Board may be persons outside of members of the
Center.
Article 45
The chairperson of the
Supervisory Board shall convene meetings of the Board at least
once a year and preside over its work.
Article 46
The functions of the
supervisory Board are to consider and control:
- the application of regulations
set by this Statute and the Law;
- the carrying out of rights and
duties of the organs and bodies of the assembly;
- financial operations and good
use of the budget of the Center;
- the carrying out of decisions,
conclusions, agreements and other documents of the Assembly
and the Board.
The Supervisory Board
shall carry out other tasks that are put in its charge.
Article 47
The Supervisory Board
shall have the right and duty to inform the Assembly, its organs
and bodies on matters noticed and on its considerations in that
relation.
The Supervisory Board shall, as is necessary, cooperate with
the organs legally in charge of controlling the operations and
finances.
The Supervisory Board may request and shall be provided with
documentation and other information and data to acquire knowledge
of the relevant facts.
Members of the Supervisory Board shall be entitled to attend
the meetings of the Board without exercising the voting rights.
Members of
the Supervisory Board shall attend meetings of the Assembly
and the Board when the Agenda contain matters of financial operations
to be discussed.
Article 48
Secretary of the Center
shall be a person competent at carrying out all professional
and administration jobs required by the Assembly and the Board
and shall attend meetings of the Board without exercising the
voting rights.
The Secretary shall receive payment of compensation for his
work in the Center.
Rights and
duties of the Secretary shall be set in compliance with the
applicable law.
Article 49
The Secretary of the
Center shall be responsible for:
- proper handling and keeping of
documentation of any kind and all other data on the work of
the Center;
- proper keeping of records on
the members of the Center;
- providing secretarial services
at the meetings of the Board and the Assembly (keeping minutes
as well as correspondence, keeping records and documentation
on meetings, activities, etc.)
- providing services and offering
information to membership about the activities of the Center;
- providing conditions for the
work of commissions and other bodies of the Center;
- maintaining correspondence of
the Center;
- carrying out other tasks that
are put to his/her charge by the Assembly and the chairperson
of the Board.
Article
50
Funds for carrying out
the objectives and tasks of the Center shall be provided and
used in compliance with the applicable law.
Article 51
The financial resources
of the Centre shall be:
- its own earnings;
- resources provided by social
and other funds;
- donations;
- grants;
- legacies and presents;
- earnings from selling publications,
etc.
The Centre shall derive
its earnings from its activities.
The Centre
shall provide additional funds for particular professional and
scientific activities, projects and the like.
Article 52
The Board shall approve
the budget for each calendar year.
The Board shall approve the balance sheet for every calendar
year.
Financial operations and use of funds shall be in compliance
with the laws in effect.
The chairperson
of the Board is responsible for the lawful use of funds and
financial operations and in this the chairperson is helped by
the member of the Board in charge of financial operations.
Article 53
The Center shall keep
all its funds on a giro-account with an authorised bank.
Article 54
The public and the membership
of Center shall be informed about financial operations of the
Center by reports.
Article 55
The Center may commission
managing of financial operations and the book-keeping to a professional
expert.
Article 56
The Statute of the Center
shall be adopted at the Founding Assembly of the Center.
The amendments
of the Statute may be adopted at a regular annual meeting of
theAssembly.
Article 57
Each Regular Member of
the Center, Board or another organ of the Centre may propose
amendments to the Statute in writing and with statement for
reasons.
The proposal under para. 1 of this Article shall be sent to
the Board at least 45 days prior to the date of the annual Assembly
meeting.
The Board
shall consider the proposal at least 30 days prior to the date
of annual Assembly meeting and shall send the proposal to the
Assembly together with its opinion in writing.
Article 58
The Board may reject
the proposal only in case it is not in accordance with the objectives
and powers of the Center or if no feasible proposal is given.
The Board
shall inform the proposer on the reasons for rejecting the proposal,
and the Assembly at its next meeting.
Article 59
The Center may be dissolved
by the decision of the Assembly taken by the two-thirds majority
of the members of the Center.
In case the quorum on such a meeting of the Assembly does not
exist, a referendum shall be held.
The Center shall be dissolved in case it does not completely
abide by the objectives and powers set in the Article 7 of this
Statute and in cases set by the Law.
The Decision
on Dissolution shall be sent to the relevant state authorities.
Article 60
In case of dissolution
of the Center, its assets and funds may be transferred to institutions
or associations with purposes similar to those of the Center,
in accordance with the decision of the Assembly.
After dissolution
of the Center, any funds allocated to the Centre and lying on
its account shall be returned to those who have assigned them.
Article 61
The chairperson of the
Board shall send a notice on dissolution of the Center within
15 days to the organ that registered it for removing it from
the register.
Article 62
This statute shall become
effective upon the day of its adoption and shall be applied
from the day of verification by the organ in charge.
Article 63
The Assembly of the Center
shall be in charge of giving authentic interpretation of the
regulations of this Statute.
Belgrade,
October 2000
Dr. Vojislav
Vasic
Chair of the Assembly of the Center
Unofficial
translation
Malena Stojčev
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