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TRANSCARPATHIAN
CHAMBER OF COMMERCE AND
INDUSTRY
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THE LAW OF UKRAINE On the chambers of commerce and industry in Ukraine |
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This Law specifies the general legal, economic and socialaspects of establishment of the chambers of commerce and industryin Ukraine, sets forth their institutional and legal framework,the principles of their interrelations with the state.
Part I.
GENERAL PROVISIONS
Article 1. A chamber of commerce and industry
1. A chamber of commerce and industry is a nongovernmental,nonprofit and self-management organization which integrates thelegal entities, that have been set up and function pursuant to theUkrainian law, also the citizens of Ukraine, registered as theentrepreneurs, and their associations.
2. A chamber of commerce and industry may be engaged inentrepreneurship only in the scope essential for fulfillment ofthe tasks defined by its charter. The profit, received by such achamber, is not distributed among the members of a chamber ofcommerce and industry but it is used to perform the tasks definedby its charter.
3. A chamber of commerce and industry is a legal entity.
4. A chamber of commerce and industry is liable for itscommitments with all property and assets belonging to it.
5. A chamber of commerce and industry shall not be liable forany commitments that may have been assumed by any of the membersthereof just as any of the members thereof shall not be liable forany commitments that may have been assumed by a chamber ofcommerce and industry.
6. A chamber of commerce and industry shall not be liable forany commitments that may have been assumed by the companies andother institutions established by such a chamber just as saidcompanies and other institutions shall not be liable for anycommitments that may have been assumed by a chamber of commerceand industry.
7. The name "a chamber of commerce and industry" and thecollocations, formed on its basis, may be used only for theinstitutions set up pursuant to this Law. Other institutions haveno right to use the collocations "a chamber of commerce andindustry", "a chamber of commerce" or "a chamber of industry" intheir names, and such institutions shall not be officiallyregistered under the names containing the said collocations.
8. A chamber of commerce and industry has the official sealwith its name, also its clearing account and other accounts.
Article 2. Legislation on the chambers of commerce and industry
1. Legislation on the chambers of commerce and industryconsists of this Law, other laws, standard and legal acts.
2. The force of this Law does not cover the members of achamber of commerce and industry provided their activities are notconnected with the membership in a chamber of commerce andindustry.
Article 3. Aims and tasks of the chambers of commerce and industry
1. The chambers of commerce and industry are set up in orderto promote the development of national economy, its integrationinto the world's economic system, the establishment of modernindustrial, financial and trade infrastructures, the creation offavorable conditions for free enterprise, the comprehensivedevelopment of all forms of entrepreneurship not prohibited by theUkrainian law, also to strengthen the scientific, technologicaland trade ties between local and foreign businessmen.
2. The tasks of the chambers of commerce and industry are as follows:
to promote the development of foreign-economic ties, toexpand the export of Ukrainian goods and services, to providepractical assistance to entrepreneurs in their trade and economicactivities both in domestic and foreign markets, in the use of newforms of cooperation;
to represent the economic interests of the chamber's membersboth in Ukraine and elsewhere;
to provide the interaction between business entities, tocoordinate their interrelations with the state represented by thelatter's bodies;
to take part in organization of training and practicalstudies of the Ukrainian citizens both in Ukraine and abroad insuch fields as entrepreneurship and promotion of competition, alsothe development and implementation of the state and interstateprograms in these fields;
to provide information and the basic data, which are not acommercial secret, on the activity of domestic and foreigncompanies pursuant to the national legislation, to disseminate,particularly through the news media, the knowledge about economy,scientific and technological achievements, legislation, the traderules and traditions in Ukraine and other countries, about theopportunities of foreign economic cooperation for the Ukrainian businessmen;
to promote the development of information serviceinfrastructure for business activity;
to render services to foreign companies and institutions inthe field of commercial activity;
to establish and develop the ties with foreign businessmen,also with their associations or representative offices, to takepart in the activities of international nongovernmentalorganizations and other joint institutions;
to promote the development of adequate trade and other fairpractices in business activity, to take part in elaboration of therules of professional competition ethics for different spheres ofentrepreneurship, economic sectors and business associations; - tocarry out other tasks specified by the charter.
Article 4. The state and the chambers of commerce and industry
1. The state bodies assist the chambers of commerce andindustry in performing the tasks specified by their charter,
2. It is prohibited for the state bodies and their officialsto interfere into activity of the chambers of commerce andindustry just as it is prohibited for the chambers of commerce andindustry to interfere into activity of the state bodies and theirofficials.
3. The pertinent state bodies exercise control andsupervision over activity of the chambers of commerce and industrywithin their powers pursuant to the law.
Part II
ESTABLISHMENT OF THE CHAMBERS OF COMMERCE AND INDUSTRY AND TERMINATION OF THEIR ACTIVITY
Article 5. Principles of establishment of the chambers of commerce and industry
1. The chambers of commerce and industry are set up in termsof voluntary integration of their founders. The principle ofvoluntary integration of business entities into a chamber ofcommerce and industry means the right to choice, that is, eitherto be or not to be a member of a chamber.
2. The chambers of commerce and industry are set up in theterritory of the Autonomous Republic of the Crimea, regions, thecities of Kyiv and Sevastopol (regional chambers of commerce andindustry). Only one chamber of commerce and industry may be set upwithin the limits of these administrative-territorial units.
It is the Chamber of Commerce and Industry of Ukraine whichfunctions in the territory of Ukraine.
Article 6. Procedure of establishment of a chamber of commerce and industry
1. A chamber of commerce and industry is set up on theinitiative of not less than 50 founders that are located in arespective territory.
2. The founders of a chamber of commerce and industry convenethe constituent assembly (conference) or the general meeting thatadopt the charter and establish the leading organs of a chamber ofcommerce and industry.
Article 7. Membership in a chamber of commerce and industry
Only the legal entities, that have been set up and functionin line with the Ukrainian law, also the citizens of Ukraine,registered as the entrepreneurs, and their associations may be themembers of a chamber of commerce and industry.
Article 8. The charter of a chamber of commerce and industry
The charter of a chamber of commerce and industry shalldefine the following:
the name, aims, tasks and functions of a chamber of commerce and industry;
the name of a territorial-administrative unit where a chamber of commerce adn industry performs its tasks;
the conditions and procedure of admission to the membershipof a chamber of commerce and industry and withdrawal from it;
the rights and duties of the members of a chamber of commerceand industry;
the procedure for setting up the leading bodies of a chamberof commerce and industry, the limits of their jurisdiction, theirterms of office and decision-making rules;
information about the property formation sources of a chamberof commerce and industry;
the procedure of amending the charter;
the procedure of terminating the activity of a chamber ofcommerce and industry, also the assignment of the chamber'sproperty and assets;
the legal right of a chamber of commerce and industry to setup, restructure, dissolve the companies and institutions in orderto fulfill the charter tasks.
The charter may include other provisions pertaining to theactivity of a chamber of commerce and industry.
The charter of a chamber of commerce and industry shall notrun counter to the Ukrainian law while the charter of a regionalchamber of commerce and industry shall not run counter to theCharter of the Chamber of Commerce and Industry of Ukraine.
Article 9. Official registration of the chambers of commerce and industry
1. The Chamber of Commerce and Industry of Ukraine isofficially registered by the Ministry of Justice of Ukraine; thechambers of commerce and industry of the Autonomous Republic ofthe Crimea are officially registered by the Chief board of justiceunder the Ministry of Justice of Ukraine in the AutonomousRepublic of the Crimea; other chambers of commerce and industryare officially registered by the respective regional, Kyiv andSevastopol city boards of justice.
2. In order to officially register a chamber of commerce andindustry, the latter's founders shall, within the space of onemonth since adoption of the charter, submit the application to arespective registration body. The application shall be accompaniedby the notarized copies of the charter of a chamber of commerceand industry and the protocol of the constituent assembly(conference) or the general meeting of the founders that adoptedthe charter.Official registration of the Chamber of Commerce and Industryof Ukraine is done given its application and the Charter passed bythe assembly of the Chamber of Commerce and Industry of Ukraine.
3. A chamber of commerce and industry shall be officiallyregistered not later that 30 days from the application submissiondate. A registration body shall give the official registrationcertificate to the registered chambers of commerce and industry.
4. A chamber of commerce and industry acquires the status ofa legal entity from the date of its official registration.
5. Amendments in the charter of a chamber of commerce andindustry shall be registered in accordance with the procedurefixed for official registration of a chamber of commerce andindustry.
6. The registration fees are charged for officialregistration of a chamber of commerce and industry and for furtheramendments of its charter; the amount of such fees is fixed by theCabinet of Ministers of Ukraine.
7. Denial of official registration of a chamber of commerceand industry may take place only in the event of violation of theprocedure for establishment of a chamber of commerce and industryspecified by this Law or incompatibility of the chamber's charterwith the Ukrainian law. Denial of official registration of achamber of commerce and industry on other grounds is prohibited.
8. An appeal may be taken to a court against the denial ofofficial registration of a chamber of commerce and industry.
Article 10. Termination of activity of a chamber of commerce and industry
1. Activity of a chamber of commerce and industry isterminated through its dissolution.
2. Dissolution of a chamber of commerce and industry is doneaccording to the decision taken either by the chamber's foundersor by the highest leading body of a chamber. A chamber of commerce and industry may be dissolved alsopursuant to the court's decision in the cases and in line with theprocedure fixed by the Ukrainian law.
3. A chamber of commerce and industry terminates its activityfrom the moment of making the entry about this event in the singlestate register of companies and institutions of Ukraine.
4. After meeting the requirements of all creditors, theproperty and assets of a dissolved chamber of commerce andindustry are distributed pursuant to the procedure fixed by theUkrainian law.
Part III
THE RIGHTS AND PROPERTY OF THE CHAMBERS OF COMMERCE AND INDUSTRY
Article 11. The rights of the chambers of commerce and industry
1. The chambers of commerce and industry have the right:
to conduct, by order of the state bodies, the independentexamination of the draft standard and legal acts relating toeconomy, foreign economic ties and other issues connected with therights and interests of business entities;
to represent and protect the legal interests of a chamber ofcommerce and industry or the interests of its members on theirinstructions;
to render, by order of the Ukrainian and foreign legal andphysical entities, the services connected with protection of theirrights and interests pursuant to the Ukrainian law andinternational agreements signed by Ukraine;
to submit, on behalf of the entities whose rights have beenviolated, the claims to the Antimonopoly committee of Ukraine onviolation of the legislation concerning the protection from unfaircompetition;
to conduct, to order of the Ukrainian and foreign businessentities, the independent examination, control of quality, numberand completeness of goods (including export and import goods),also to determine their cost;
to attest and issue the certificates of goods origin, thecertificates for the goods produced by domestic companies withforeign capital, other documents relating to foreign economicactivity;
to declare the foreign trade cargoes in the cases specifiedby the law;
to organize the international exhibitions, the nationalexhibitions of foreign countries and companies, to prepare and tohold the exhibitions of Ukrainian goods both in Ukraine andabroad;
to organize seminars, conferences, business talks on economicissues with participation of the Ukrainian business entities andforeign companies both in Ukraine and abroad;
to conclude the foreign economic and other agreements,essential for activities of the chambers, with Ukrainian andforeign business entities, also with individual citizens;
to issue the informational, reference, advertising andmethodological materials pertaining to their activities, also topublish the newspapers, magazines and other printed materials tosupport entrepreneurship;
to set up, restructure and dissolve companies andinstitutions with the aim of fulfilling the charter tasksfollowing the procedure specified by the law;
to independently fix the ways of their activity, thestructure, manning table and number of personnel, the amount ofwages, salaries and material incentives pursuant to the Ukrainianlaw;
to set up, by order of the parties in a dispute, thearbitration courts pursuant to the Ukrainian law, to establish thesectoral or territorial committees (councils) of businessentities, the target-oriented groups of experts and consultants;
to perform other functions which do not run counter to theUkrainian law.
2. The methodological and expert documents, issued by thechambers of commerce and industries within the limits of theirjurisdiction, are compulsory for the use in the entire territoryof Ukraine.
3. The rights of the chambers of commerce and industry arespecified in their charters and implemented following theprocedure specified by the Ukrainian law.
Article 12. Property of the chambers of commerce and industry
1. The chambers of commerce and industry may possess thebuildings, installations, equipment, transport facilities, assets,securities and other kinds of property essential for execution oftheir charter tasks.
2. Property of the chambers of commerce and industry isformed by means of the admission and membership fees, the profitreceived due to economic activity of the chambers of commerce andindustry, the companies and institutions established by them,other legally obtained earnings and proceeds.
3. Property of the chambers of commerce and industry shall beused for the activity specified by their charter.
In the event of withdrawal or expulsion, pursuant to thecharter, from the membership of a chamber of commerce andindustry, the paid membership fees will not be returned and theclaims for a part of the chamber's property will not be met. In the event of withdrawal or expulsion from the chamber'smembership, the property and assets of a chamber of commerce andindustry shall not be divided.
Part IV
THE CHAMBER OF COMMERCE AND INDUSTRY OF UKRAINE
Article 13. Membership in the Chamber of Commerce and Industry of Ukraine
Members of the Chamber of Commerce and Industry of Ukraineare the chambers of commerce and industry set up pursuant to thisLaw, the legal entities that have been established and functionpursuant to the Ukrainian law, the citizens of Ukraine, registeredas the entrepreneurs, and their associations. Members of theregional chambers of commerce and industry are also members of theChamber of Commerce and Industry of Ukraine.
Article 14. Activity of the Chamber of Commerce and Industry of Ukraine
1. The Chamber of Commerce and Industry of Ukraine functionspursuant to this Law, other laws, standard and legal acts and itsCharter.
2. Pursuant to this Law and its Charter, the Chamber ofCommerce and Industry of Ukraine performs its representativefunctions both in Ukraine and abroad, integrates the chambers ofcommerce and industry and coordinates their activity.
3. The Chamber of Commerce and Industry of Ukraine:
opens its offices and subsidiaries in other countries,establishes, together with foreign partners, the mixed chambers ofcommerce and industry, business councils and other jointinstitutions both in Ukraine and abroad;
confirms the acts of God pursuant to provisions of theforeign economic and international agreements signed by Ukraine,also the trade and port practices being used in Ukraine;
keeps the nongovernment register of Ukrainian businessentities with their consent, that is, the entities whose financialstatus testifies to their reliability as the business partnersboth in Ukraine and abroad. The procedure of keeping the saidregister is fixed by the Chamber of Commerce and Industry ofUkraine.
4. The Chamber of Commerce and Industry of Ukraine has theright to receive, in accordance with the prescribed procedure,from ministries and other central executive bodies the informationand materials essential for performing its tasks.
5. Functioning at the Chamber of Commerce and Industry ofUkraine are the International commercial arbitration court and theMaritime arbitration commission whose activities are regulated bythe Ukrainian law.
6. The Chamber of Commerce and Industry of Ukraine representsthe business interests of its members at the International Chamberof Commerce and other international organizations.
Article 15. International agreements
Provided an international agreement of Ukraine, approved bythe Supreme Council of Ukraine, specifies the rules different fromthose set forth by this Law, the rules of such internationalagreement shall apply.
Part V.
FINAL PROVISIONS
Article 16. The procedure for enactment of the Law of Ukraine "On the chambers of commerce and industry in Ukraine"
1. This Law comes into effect from the date of itspublication.
2. The standard and legal acts, passed before the enactmentof this Law, shall be effective in so much as they do not runcounter to this Law.
3. The Cabinet of Ministers of Ukraine, within the space ofone month after enactment of this Law, shall:
to bring its decisions into line with this Law;
to elaborate the standard and legal acts pursuant to thisLaw;
to instruct the ministries and other central executive bodiesto bring the decisions into line with this Law.
4. The chambers of commerce and industry, established andregistered prior to adoption of this Law, shall be officiallyregistered again.
President of Ukraine - L. KUCHMA
KYIV December 2,1997 No 671/97-BP |
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