APPROVED:

By the Order of Public Property Administration of the City of the Executive Committee of Kryviy Rih City Council

No. ___ from ____________

Head of Administration

___________ L.Fedorenko

 

STATUTE

 

OF PUBLIC UTILITY

“KRYVYI RIH CITY DEVELOPMENT INSTITUTION”

OF KRYVIY RIH CITY COUNCIL

 

(new edition)

 

 

Identification code 37665263

 

Kryviy Rih

2012


1. General Terms and Conditions

1.1. Public Utility "Kryviy Rih City Development Institution" of Kryviy Rih City Council (hereinafter referred to as the Enterprise) is a non-profit municipal unitary Enterprise. The Enterprise was created in accordance with the decision of Kryviy Rih City Council No. 1247 dd. July 25th, 2012 "On creation of Public Utility "Kryviy Rih City Development Institution" of Kryviy Rih City Council."

1.2. The Enterprise operates in accordance with the Constitution of Ukraine, the Budget and Tax Codes of Ukraine, the Law of Ukraine "On Local Self-Government in Ukraine" and other regulatory legal acts, the Owner’s decisions and the Charter.

1.3. The Enterprise activity is realized without intent to profit.

1.4. The founder of the Enterprise and the Owner of its property is the territorial community of Kryviy Rih represented by Kryviy Rih City Council (hereinafter - the Owner).

1.5. The Enterprise activity is subordinate and reports to the Administration of Economy of the Executive Committee of Kryviy Rih City Council, which is the main controller of budgetary funds (hereinafter referred to as the authorized administrative body).

1.6. The Enterprise is a legal entity, it has its independent balance, round seal, angular and other stamps with its name and identification code, own symbols with its name and other attributes that are not prohibited by the legislation of Ukraine. The Enterprise acquires the rights of a legal entity from the date of its registration in accordance with the law.

1.7. The Enterprise opens accounts (in local and foreign currencies) in the banks.

1.8. The Enterprise has no other incorporated entities.

1.9. The Enterprise is not liable for the obligations of the owner and the authorized administrative body.

1.10. Full name of the Enterprise: Public Utility "Kryviy Rih City Development Institution" of Kryviy Rih City Council.

Abbreviated name of the Enterprises: PU "Kryviy Rih City Development Institution".

1.11. Location of the Enterprise: 50050, Ukraine, Dnipropetrovska Oblast, the city of Kryviy Rih, Metalurgiv avenue, building 28.

1.12. Since the registration of this Charter, the Charter registered on August 01st, 2012 (registration number 12271020000013509) becomes invalid.

2. Purpose of Activity and the Objectives of the Enterprise

2.1. The Enterprise was created to meet the economic, social, cultural and other needs of the community without the purpose of generating profit by providing analytical, research, and creative support in the process of implementing the city development strategy.

2.2. The objectives of the Enterprise are:

2.2.1. Providing organizational support and coordination of efforts aimed at implementing the Strategic Plan of Kryviy Rih city development.

2.2.2. Generating, developing and maintaining of ideas and actions directed at the all-round development of the city considering its specific features, capabilities and needs.

2.2.3. Conducting research, including sociological studies, to determine public opinion, prospects of the city development as a whole and of individual sectors in particular.

2.2.4. Initiation of creating the investment projects of the city development in accordance with its needs and interests of potential investors.

2.2.5. Establishing partnerships with international organizations in order to attract foreign experience / knowledge and resources for implementation and financing the Enterprise programs and other investment projects.

2.2.6. Promoting participation and implementation of international projects of financial and technical assistance in Kryviy Rih aimed at development of economy, social infrastructure and culture of the city etc.

2.2.7. The development and strengthening of economic, financial, material and technical resources of the Enterprise.

2.3. It performs a set of activities connected with subsequent involvement of investors:

2.3.1. It generates and provides primary analytical information for investment decision.

2.3.2. It performs initial selection of an area to meet the needs of investors and investment projects.

2.3.3. It develops and provides "Roadmaps" according to licensing procedures of investment projects.

2.3.4. It provides administrative support to the investor.

2.3.5. It provides the investor with counseling and helps to speed up the process of passing licensing procedures.

2.4. According to the assigned tasks and objective, the Enterprise:

2.4.1. develops and implements:

- programs and investment projects aimed at the development of the city;

- the own programs of its activities.

2.4.2. Conducts surveys and research of potential targets of investment attractiveness, provides information services to participants of investment projects and programs on a contractual basis.

2.4.3. Participates in creating projects of legislative and other normative legal acts in issues related to its activity.

2.4.4. Prepares conclusions and recommendations regarding the advisability of investments, including foreign ones.

2.4.5. Provides search for potential investors, international and national donors and others to implement programs and projects aimed at local economic development.

2.4.6. Organizes and conducts exhibitions, seminars and conferences that promote local economic development.

2.4.7. Organizes and conducts training activities and training of its own experts, including local government officials, businesses, institutions of all forms of ownership.

2.4.8. According to the purpose and objectives set out in the Charter, the Enterprise conducts other activities that do not contradict the legislation of Ukraine, interacts with the executive authorities, local governments, enterprises, institutions and organizations of Ukraine and foreign states.

3. Rights and Obligations of the Enterprise

3.1. The Enterprise has the right:

3.1.1 to act as a participant of unions, associations and other alliances in accordance with their statutory tasks;

3.1.2 to carry out foreign economic activity in accordance with the current laws of Ukraine, purpose and objectives of its own activity;

3.1.3 to independently plan its activity and determine the development prospects;

3.1.4 to participate in joint investment projects and other joint activities with entities of different forms of property and individuals;

3.1.5 to establish relations with Ukrainian and foreign enterprises, organizations, institutions of various forms of ownership and individuals within all spheres of its activity;

3.1.6 to receive free of charge or charitable contributions, donations from legal entities and individuals;

3.1.7 to perform public, scientific-technical, social activities with other legal entities and individuals;

3.1.8 to carry out its promotion activities through mass media and other means in accordance with the current legislation of Ukraine, including exhibitions, presentations and seminars;

3.1.9 the Enterprise may exercise the powers specified in paragraph 3.1.1 of this Charter by a separate decision of the Owner;

3.1.10 to conduct payment transfers for utility services of the Enterprise workers, provided by Contracts with third parties with the employees’ consent.

3.2. The Enterprise must:

3.2.1 implement measures to improve the employees’ material incentive, provide money-saving use of the consumption fund and timely payments to employees of the Enterprise;

3.2.2 carry out accounting, operational accounting and maintain statistical reports in accordance with the current legislation of Ukraine.

4. Property and Means of the Enterprise

4.1. In order to carry out financial and business activity the Owner gives the Enterprise statute capital in the amount of 558,864.51 UAH (five hundred and fifty eight thousand eight hundred and sixty four) UAH 51 kop., including: the expense of the city budget – 540,715 (five hundred and forty thousand seven hundred and fifteen) UAH and separate main assets - 18,149 (eighteen thousand one hundred and forty nine) UAH 51 kop.

4.2. The property of the Enterprise is communal property and belongs to the Enterprise according to the right of operative management.

4.3. The property of the Enterprise consists of non-productive assets, circulating capital, statute capital, and other tangible and intangible assets the value of which is shown on the balance sheet of the Enterprise.

4.4. The Owner (authorized administrative body) organizes financial control for the Enterprise activity, takes charge of the efficient use and preservation of the communal property assigned to the Enterprise.

4.5. The Enterprise is responsible to the Owner for the preservation and efficient use of public property assigned to it.

4.6. The sources of formation of funds and property of the Enterprise are:

- property (funds) transferred to the Enterprise by the Owner for a statutory capital formation;

- budgetary funds allocated for the implementation of targeted programs and projects in accordance with the current laws of Ukraine;

- funds received for free either in the form of non-repayable financial assistance or donations;

- grants or subsidies received from the state or local budgets, state trust funds or within technical or charitable aid, including humanitarian assistance;

- other sources not prohibited by the current legislation of Ukraine.

4.7. Alienation of immovable property of the Enterprise, which is communal property of the local community, is performed by the Owner’s decision, the initiative and agreement with the authorized administrative body, in accordance with the efficient legislation of Ukraine and effective Procedure in the city.

4.8. The Enterprise has the right to purchase and lease the required equipment and other material resources, to use the services of any enterprise, institution, organization or individual, to finance from its own revenue the measures to help improve the social conditions of the collective.

5. The Enterprise Management

5.1. The management of the Enterprise is carried out according to its Statute based on the combination of the Owner’s property rights and the principles of self-government of the Enterprise staff. The Enterprise determines the structure of governance and specifies the number of the staff independently.

5.2. The Enterprise is headed by a Director, whose admission and dismissal on a contract basis is carried out by the Mayor in accordance with the current laws of Ukraine and according to the effective procedure in the city. In his activity, the Director reports to the Owner (authorized administrative body) within the limits established by the current legislation of Ukraine, the Charter and the contract. The conditions of remuneration of labour and material support of the Enterprise Director are given in the contract. The Director carries out the current (operational) management of the Enterprise, organizes its activity, provides fulfillment of the tasks of the Enterprise under its Statute, is responsible for financial and business activity of the Enterprise, for the use of communal property assigned to the Enterprise, for the development of material and social base.

5.3. Functions, rights and obligations of the Enterprise structural divisions and their employees shall be determined by relevant regulations approved by the Director.

5.4. The competence of the Enterprise Director includes:

- organizing of the Enterprise activity, independent decision-making concerning issues relating to the tasks entrusted to the Enterprise and bearing full responsibility in accordance with the current laws of Ukraine;

- admission and dismissal of staff, allocation of responsibilities between employees, encouraging them and imposing penalties;

- executing contracts, issuing instructions, opening current and other accounts of the Enterprise in banks;

- issuing of orders, instructions and regulations within his/her authority in accordance with the current laws of Ukraine concerning the Enterprise;

- involvement of specialists to work part time, under other conditions provided by the current legislation of Ukraine, determination of the order and size of their remuneration.

5.5. Director’s responsibilities:

- to provide the fulfillment of the obligations in paying taxes, fees and duties to the budget and the Pension Fund of Ukraine, as well as obligations to pay wages to the employees;

- to provide legal, economic and informational support of the enterprise activity, staffing, introduce of progressive forms and methods of management;

- to provide the submission of the quarter and annual reports to the authorized administrative body in the established order;

- to provide the execution of the annual financial plan in the prescribed manner with quarterly breakdown for each subsequent year and its submission to the authorized administrative body for approval;

- to agree the budget use plans of the Enterprise with the authorized administrative body;

- to ensure the preservation of the public property assigned to the Enterprise;

- to execute contracts with legal entities and individuals both in Ukraine and abroad in the order prescribed by the legislation.

5.6. The Director determines staffing table of the Enterprise, the structure of its administration (agreeing previously with the authorized administrative body), its size and qualifications.

5.7. Deputy Head of the Enterprise and Chief Accountant are appointed to the positions and dismissed by the order of the Enterprise Director as agreed with the authorized administrative body and Deputy Mayor (according to the distribution of responsibilities).

5.8. The Director of the Enterprise without any Power of Attorney acts on behalf of the Enterprise, represents its interests in government agencies and local governments, other organizations, enterprises, institutions, authorities, courts of all levels in relation to legal entities and individuals within and according to the order specified in this Statute and as regulated by current laws of Ukraine.

5.9. Relations between the Director and the staff are stated in the collective agreement that regulates labour and social relations of the employees and the Enterprise administration.

5.10. The right to conclude the treaty of collective agreement on the Owner’s behalf is given to the Enterprise Director, and on behalf of the staff it is given to the authorized body.

5.11. The collective agreement is concluded at a general meeting of the staff of the Enterprise and must comply with legislation on collective agreements.

5.12. The Director is the Chief of civil defense at the Enterprise and in matters of civil defense he acts according to the Law of Ukraine "On Civil Defense of Ukraine."

5.13. The Owner’s exclusive competence includes:

- making decision to liquidate the Enterprise;

- making decision to reorganize the Enterprise and approve the transmitted or distribution balance (act);

- making decision on re-profiling of the Enterprise;

- making decision on the issue referred to in paragraph 4.7 of this Charter.

5. The Staff and Its Self-Government

6.1. The Director of the Enterprise independently establishes forms, systems and the amount of the employees’ wages in accordance with the current laws of Ukraine. The workers’ wages are determined according to the legislation of Ukraine, in accordance with their profession, qualifications, complexity and conditions of the work performed.

6.2. The employees are the citizens of Ukraine who are in labour relations with the Enterprise in accordance with the current Ukrainian legislation.

6.3. Productive and labour relations, including hiring and dismissal, working schedules, recreation conditions, guarantees and compensations shall be governed by the current Ukrainian legislation, this Statute, collective agreement, internal regulations, and labour contract with the employee of the Enterprise.

6.4. Conditions of organization and remuneration of labour of the staff members of the Enterprise, as well as their social security and insurance are determined in accordance with the current Ukrainian legislation.

6. Accounting and Reporting

7.1. The Enterprise keeps tax accounting, accounting, analytical and operational records of the results of its activity and provides reporting to the appropriate state authorities in accordance with the current laws of Ukraine. The Enterprise Director and Chief Accountant are personally responsible for abiding by the rules of procedure and for issuing correct accounting, tax, financial and statistical reporting.

7.2. The issues of organization of the Enterprise accounting are regulated in accordance with the current laws of Ukraine and the Statute.

7.3. The Enterprise gives the report on the results of its activity to the authorized administrative body within the terms established by the legislation.

7.4. The Enterprise organizes archival storage of the documents. For the organization of the mentioned activity by the Director of the Enterprise the responsible person is appointed.

7.5. The Enterprise executes an agreement with the Public Record Office for getting archival services.

8. The Order of Introducing Amendments and Additions to the Statute

8.1. The amendments and additions to the Enterprise Statute are introduced by agreement with the authorized administrative body under the effective procedure in the city, according to the current legislation of Ukraine.

8.2. The amendments and additions enter into force from the moment of their state registration and making a corresponding record in the Unified State Register. If amendments are introduced to the Charter as attachments, they become an integral part of the Enterprise Charter, whereof a corresponding note is made on the title page.

9. Termination of the Enterprise Activity

 

9.1. Termination of the Enterprise activity is carried out by its reorganization (merger, incorporation, division, transformation) or by elimination by the Owner’s or by the court’s decision according to the current laws of Ukraine.

9.2. In case of merger of the Enterprise with other entities all property rights and liabilities of each of them are transferred to an entity formed as a result of merger.

9.3. The Enterprise is liquidated:

- upon the Owner’s initiative;

- in case of becoming a bankrupt in the prescribed manner, except for the cases provided by the law;

- in case of cancellation of its state registration in the cases provided by the law;

- by the court decision to invalidate the state registration of the legal entity due to violations made during the registration process, in case if these violations could not be eliminated;

- in other cases allowed by the current legislation.

9.4. In case of reorganization and liquidation of the Enterprise, the dismissed employees are guaranteed their rights and interests in accordance with the current laws of Ukraine and in accordance with the collective agreement.

9.5. The liquidation of the Enterprise is conducted by the liquidation commission, created by the Owner or liquidator according to the court decision.

9.6. In case of liquidation of the Enterprise, its assets shall be transferred to one or more non-profit organizations of relevant type or set off in the income of the city budget.

9.7. The Enterprise is deemed to have terminated its activity from the date of entry into the Unified State Register of Legal Entities and Individual Entrepreneurs about the termination of the legal entity.

 

Approved:

 

The First Deputy Mayor                                                                              K.Pavlov

 

 

Deputy Mayor                                                                                              A.Galchenko

 

 

Head of Administration of Economics

of the Executive Committee of the City Council                             O.Svitlychnyi                                        

Approved at the collective meeting of the employees

of PU “Kryvyi Rih City Development Institution”

(Record No. 2 from August 28th, 2012)