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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 19, 2022 No. 936

About approval of the Procedure for fixing of legal status of representative body of indigenous people of Ukraine and deprivation of such status

According to part one of article 8 of the Law of Ukraine "About indigenous people of Ukraine" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for fixing of legal status of representative body of indigenous people of Ukraine and deprivation of such status which is applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 19, 2022, No. 936

Procedure for fixing of legal status of representative body of indigenous people of Ukraine and deprivation of such status

1. This Procedure determines the procedure of acceptance by the Cabinet of Ministers of Ukraine of the decision on fixing of legal status of representative body of indigenous people of Ukraine (further - representative body) and deprivations of such status.

2. The representative body acquires the rights and obligations provided by the Law of Ukraine "About indigenous people of Ukraine" after fixing of its legal status.

The representative body loses the rights and obligations provided by the Law of Ukraine "About indigenous people of Ukraine" after deprivation of its legal status.

3. The decision on fixing of legal status of representative body and deprivation of such status is accepted by the Cabinet of Ministers of Ukraine in the form of the order.

4. MKIP introduces to the Cabinet of Ministers of Ukraine the draft of the order of the Cabinet of Ministers of Ukraine about fixing of legal status of representative body or deprivation of such status.

The draft of the order of the Cabinet of Ministers of Ukraine about fixing of legal status of representative body or deprivation of such status prepares GESS.

5. For preparation of the draft of the order of the Cabinet of Ministers of Ukraine about fixing of legal status of representative body the head or other member of representative body, authorized to represent its interests, personally gives to GESS:

1) statement for fixing of legal status of representative body;

2) constituent document of representative body;

3) the information about staff of executive body of representative body, method and form of decision making by which such members are approved (on condition of decision making about statement of staff of executive body of representative body in the territory of Ukraine in which public authorities perform the powers in full);

4) the document on confirmation of powers of the head or other member of representative body to represent the interests of representative body.

The head or the authorized member of representative body reports to GESS about intention to file the documents specified in this Item, the letter. GESS within five working days from the date of receipt of the letter of representative body notifies such body on date of submission of documents. Such documents are filed personally by the representative of representative body within 30 working days from the date of receipt of the letter of representative body.

6. For preparation of the draft of the order of the Cabinet of Ministers of Ukraine about deprivation of legal status of representative body the representative body gives to GESS:

1) statement for deprivation of legal status of representative body of indigenous people of Ukraine;

2) the original or the copy of the decision of the supreme body of management of representative body on deprivation of legal status of representative body certified in accordance with the established procedure.

7. The constituent document of representative body shall contain data:

its name;

purpose and object of activity;

procedure for the organization and financing of activities;

governing bodies and control, their competence;

conditions of reorganization and liquidation of representative body;

procedure for education and work, power of the highest, executive and others (in the presence) governing bodies;

procedure for decision making by the highest, executive and others (in the presence) governing bodies;

requirements to execution of decisions of the highest, executive and others (in the presence) governing bodies;

procedure of modification of the constituent document;

location of representative body.

The constituent document of representative body may contain other data connected with features of organizational form and activities of representative body.

8. The constituent document of representative body and other documents which are filed to GESS for fixing of legal status of representative body are constituted in state language and cannot contradict requirements of the legislation.

9. GESS processes the documents submitted by representative body concerning their compliance to requirements of the legislation and within 60 working days from the date of receipt of complete document package:

1) depending on contents of the submitted application is sent to MKIP by the conclusion about feasibility of fixing of the right status of representative body and the draft of the order about fixing of legal status of representative body or deprivation of such status for its introduction within 30 calendar days for consideration of the Cabinet of Ministers of Ukraine;

2) is provided to representative body by reasonable refusal with indication of the shortcomings revealed in the submitted documents.

In case of document handling of GESS can ask for the advisory help scientific, other experts, with requests in law enforcement or other state bodies, and also members of representative body for the purpose of receipt of information necessary for preparation of the conclusion about feasibility of fixing of the right status of representative body.

GESS can make the decision on consideration of the documents submitted for preparation of the draft of the order of the Cabinet of Ministers of Ukraine about fixing of legal status of representative body with participation of members of representative body.

The invitation to participation in consideration of documents is sent certain GESS to members of representative body not later than 10 working days about day of its carrying out.

In case of representation of incomplete document package of GESS by representative body within five working days from the date of their obtaining reports about it to the relevant representative body.

10. Representative bodies which legal status is fixed according to this Procedure perform activities according to the Constitution of Ukraine, the Law of Ukraine "About indigenous people of Ukraine", to other legal acts.

 

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