Legal acts

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THE LAW OF UKRAINE

On the Chambers of Commerce and Industry in Ukraine

This Law specifies the general legal, economic and social aspects of establishment of the chambers of commerce and industry in 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 non-government non-profit self-governing organization which integrates the legal entities, that have been set up and function pursuant to the Ukrainian law, also the citizens of Ukraine, registered as the entrepreneurs, and their associations.

2. A chamber of commerce and industry may be engaged in entrepreneurship only in the scope essential for fulfillment of the tasks defined by its charter. The profit, received by such a chamber, is not distributed among the members of a chamber of commerce and industry but it is used to perform the tasks defined by its charter.

3. A chamber of commerce and industry is a legal entity.

4. A chamber of commerce and industry is liable for its commitments with all property and assets belonging to it.

5. A chamber of commerce and industry shall not be liable for any commitments that may have been assumed by any of the members thereof just as any of the members thereof shall not be liable for any commitments that may have been assumed by a chamber of commerce and industry.

6. A chamber of commerce and industry shall not be liable for any commitments that may have been assumed by the companies and other institutions established by such a chamber just as said companies and other institutions shall not be liable for any commitments that may have been assumed by a chamber of commerce and industry.

7. The name "a chamber of commerce and industry" and the collocations, formed on its basis, may be used only for the institutions set up pursuant to this Law. Other institutions have no right to use the collocations "a chamber of commerce and industry", "a chamber of commerce" or "a chamber of industry" in their names, and such institutions shall not be officially registered under the names containing the said collocations.

8. A chamber of commerce and industry has the official seal with 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 industry consists of this Law, other laws, standard and legal acts.

2. The force of this Law does not cover the members of a chamber of commerce and industry provided their activities are not connected with the membership in a chamber of commerce and industry.

Article 3. Aims and Tasks of the Chambers of Commerce and Industry

1. The chambers of commerce and industry are set up in order to promote the development of national economy, its integration into the world's economic system, the establishment of modern industrial, financial and trade infrastructures, the creation of favorable conditions for free enterprise, the comprehensive development of all forms of entrepreneurship not prohibited by the Ukrainian law, also to strengthen the scientific, technological and 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, to expand the export of Ukrainian goods and services, to provide practical assistance to entrepreneurs in their trade and economic activities both in domestic and foreign markets, in the use of new forms of cooperation;

to represent the economic interests of the chamber's members both in Ukraine and elsewhere;

to provide the interaction between business entities, to coordinate their interrelations with the state represented by the latter's bodies;

to take part in organization of training and practical studies of the Ukrainian citizens both in Ukraine and abroad in such fields as entrepreneurship and promotion of competition, also the development and implementation of the state and interstate programs in these fields;

to provide information and the basic data, which are not a commercial secret, on the activity of domestic and foreign companies pursuant to the national legislation, to disseminate, particularly through the news media, the knowledge about economy, scientific and technological achievements, legislation, the trade rules and traditions in Ukraine and other countries, about the opportunities of foreign economic cooperation for the Ukrainian businessmen;

to promote the development of information service infrastructure for business activity;

to render services to foreign companies and institutions in the field of commercial activity;

to establish and develop the ties with foreign businessmen, also with their associations or representative offices, to take part in the activities of international nongovernmental organizations and other joint institutions;

to promote the development of adequate trade and other fair practices in business activity, to take part in elaboration of the rules of professional competition ethics for different spheres of entrepreneurship, economic sectors and business associations;

to carry out other tasks specified by the charter.

Article 4. The Ctate and the Chambers of Commerce and Industry

1. The state bodies assist the chambers of commerce and industry in performing the tasks specified by their charter.

2. It is prohibited for the state bodies and their officials to interfere into activity of the chambers of commerce and industry just as it is prohibited for the chambers of commerce and industry to interfere into activity of the state bodies and their officials.

3. The pertinent state bodies exercise control and supervision over activity of the chambers of commerce and industry within 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 terms of voluntary integration of their founders. The principle of voluntary integration of business entities into a chamber of commerce and industry means the right to choice, that is, either to be or not to be a member of a chamber.

2. The chambers of commerce and industry are set up in the territory of the Autonomous Republic of the Crimea, regions, the cities of Kyiv and Sevastopol (regional chambers of commerce and industry). Only one chamber of commerce and industry may be set up within the limits of these administrative-territorial units.

It is the Ukrainian Chamber of Commerce and Industry which functions 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 the initiative of not less than 50 founders that are located in a respective territory.

2. The founders of a chamber of commerce and industry convene the constituent assembly (conference) or the general meeting that adopt the charter and establish the leading organs of a chamber of commerce and industry.

Article 7. Membership in a Chamber of Commerce and Industry

Only the legal entities, that have been set up and function in line with the Ukrainian law, also the citizens of Ukraine, registered as the entrepreneurs, and their associations may be the members 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 shall define 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 and industry performs its tasks;

the conditions and procedure of admission to the membership of a chamber of commerce and industry and withdrawal from it;

the rights and duties of the members of a chamber of commerce and industry;

the procedure for setting up the leading bodies of a chamber of commerce and industry, the limits of their jurisdiction, their terms of office and decision-making rules;

information about the property formation sources of a chamber of commerce and industry;

the procedure of amending the charter;

the procedure of terminating the activity of a chamber of commerce and industry, also the assignment of the chamber's property and assets;

the legal right of a chamber of commerce and industry to set up, restructure, dissolve the companies and institutions in order to fulfill the charter tasks.

The charter may include other provisions pertaining to the activity of a chamber of commerce and industry.

The charter of a chamber of commerce and industry shall not run counter to the Ukrainian law while the charter of a regional chamber of commerce and industry shall not run counter to the Charter of the Ukrainian Chamber of Commerce and Industry.

Article 9. Official Registration of the Chambers of Commerce and Industry

1. The Ukrainian Chamber of Commerce and Industry is officially registered by the Ministry of Justice of Ukraine; the chambers of commerce and industry of the Autonomous Republic of the Crimea are officially registered by the Chief board of justice under the Ministry of Justice of Ukraine in the Autonomous Republic of the Crimea; other chambers of commerce and industry are officially registered by the respective regional, Kyiv and Sevastopol city boards of justice.

2. In order to officially register a chamber of commerce and industry, the latter's founders shall, within the space of one month since adoption of the charter, submit the application to a respective registration body. The application shall be accompanied by the notarized copies of the charter of a chamber of commerce and industry and the protocol of the constituent assembly (conference) or the general meeting of the founders that adopted the charter.

Official registration of the Ukrainian Chamber of Commerce and Industry is done given its application and the Charter passed by the assembly of the Ukrainian Chamber of Commerce and Industry.

3. A chamber of commerce and industry shall be officially registered not later that 30 days from the application submission date.

A registration body shall give the official registration certificate to the registered chambers of commerce and industry.

4. A chamber of commerce and industry acquires the status of a legal entity from the date of its official registration.

5. Amendments in the charter of a chamber of commerce and industry shall be registered in accordance with the procedure fixed for official registration of a chamber of commerce and industry.

6. The registration fees are charged for official registration of a chamber of commerce and industry and for further amendments of its charter; the amount of such fees is fixed by the Cabinet of Ministers of Ukraine.

7. Denial of official registration of a chamber of commerce and industry may take place only in the event of violation of the procedure for establishment of a chamber of commerce and industry specified by this Law or incompatibility of the chamber's charter with the Ukrainian law. Denial of official registration of a chamber of commerce and industry on other grounds is prohibited.

8. An appeal may be taken to a court against the denial of official 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 is terminated through its dissolution.

2. Dissolution of a chamber of commerce and industry is done according to the decision taken either by the chamber's founders or by the highest leading body of a chamber.

A chamber of commerce and industry may be dissolved also pursuant to the court's decision in the cases and in line with the procedure fixed by the Ukrainian law.

3. A chamber of commerce and industry terminates its activity from the moment of making the entry about this event in the single state register of companies and institutions of Ukraine.

4. After meeting the requirements of all creditors, the property and assets of a dissolved chamber of commerce and industry are distributed pursuant to the procedure fixed by the Ukrainian 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 independent examination of the draft standard and legal acts relating to economy, foreign economic ties and other issues connected with the rights and interests of business entities;

to represent and protect the legal interests of a chamber of commerce and industry or the interests of its members on their instructions;

to render, by order of the Ukrainian and foreign legal and physical entities, the services connected with protection of their rights and interests pursuant to the Ukrainian law and international agreements signed by Ukraine;

to submit, on behalf of the entities whose rights have been violated, the claims to the Antimonopoly committee of Ukraine on violation of the legislation concerning the protection from unfair competition;

to conduct, to order of the Ukrainian and foreign business entities, the independent examination, control of quality, number and completeness of goods (including export and import goods), also to determine their cost;

to attest and issue the certificates of goods origin, the certificates for the goods produced by domestic companies with foreign capital, other documents relating to foreign economic activity;

to declare the foreign trade cargoes in the cases specified by the law;

to organize the international exhibitions, the national exhibitions of foreign countries and companies, to prepare and to hold the exhibitions of Ukrainian goods both in Ukraine and abroad;

to organize seminars, conferences, business talks on economic issues with participation of the Ukrainian business entities and foreign companies both in Ukraine and abroad;

to conclude the foreign economic and other agreements, essential for activities of the chambers, with Ukrainian and foreign business entities, also with individual citizens;

to issue the informational, reference, advertising and methodological materials pertaining to their activities, also to publish the newspapers, magazines and other printed materials to support entrepreneurship;

to set up, restructure and dissolve companies and institutions with the aim of fulfilling the charter tasks following the procedure specified by the law;

to independently fix the ways of their activity, the structure, manning table and number of personnel, the amount of wages, salaries and material incentives pursuant to the Ukrainian law;

to set up, by order of the parties in a dispute, the arbitration courts pursuant to the Ukrainian law, to establish the sectoral or territorial committees (councils) of business entities, the target-oriented groups of experts and consultants;

to perform other functions which do not run counter to the Ukrainian law.

2. The methodological and expert documents, issued by the chambers of commerce and industries within the limits of their jurisdiction, are compulsory for the use in the entire territory of Ukraine.

3. The rights of the chambers of commerce and industry are specified in their charters and implemented following the procedure specified by the Ukrainian law.

Article 12. Property of the Chambers of Commerce and Industry

1. The chambers of commerce and industry may possess the buildings, installations, equipment, transport facilities, assets, securities and other kinds of property essential for execution of their charter tasks.

2. Property of the chambers of commerce and industry is formed by means of the admission and membership fees, the profit received due to economic activity of the chambers of commerce and industry, the companies and institutions established by them, other legally obtained earnings and proceeds.

3. Property of the chambers of commerce and industry shall be used for the activity specified by their charter.

In the event of withdrawal or expulsion, pursuant to the charter, from the membership of a chamber of commerce and industry, the paid membership fees will not be returned and the claims for a part of the chamber's property will not be met. In the event of withdrawal or expulsion from the chamber's membership, the property and assets of a chamber of commerce and industry shall not be divided.

Part IV. THE UKRAINIAN CHAMBER OF COMMERCE AND INDUSTRY

Article 13. Membership in the Ukrainian Chamber of Commerce and Industry

Members of the Ukrainian Chamber of Commerce and Industry are the chambers of commerce and industry set up pursuant to this Law, the legal entities that have been established and function pursuant to the Ukrainian law, the citizens of Ukraine, registered as the entrepreneurs, and their associations. Members of the regional chambers of commerce and industry are also members of the Ukrainian Chamber of Commerce and Industry.

Article 14. Activity of the Ukrainian Chamber of Commerce and Industry

1. The Ukrainian Chamber of Commerce and Industry functions pursuant to this Law, other laws, standard and legal acts and its Charter.

2. Pursuant to this Law and its Charter, the Ukrainian Chamber of Commerce and Industry performs its representative functions both in Ukraine and abroad, integrates the chambers of commerce and industry and coordinates their activity.

3. The Ukrainian Chamber of Commerce and Industry:

opens its offices and subsidiaries in other countries, establishes, together with foreign partners, the mixed chambers of commerce and industry, business councils and other joint institutions both in Ukraine and abroad;

confirms the acts of God pursuant to provisions of the foreign economic and international agreements signed by Ukraine, also the trade and port practices being used in Ukraine;

keeps the non-government register of Ukrainian business entities with their consent, that is, the entities whose financial status testifies to their reliability as the business partners both in Ukraine and abroad. The procedure of keeping the said register is fixed by the Ukrainian Chamber of Commerce and Industry.

4. The Ukrainian Chamber of Commerce and Industry has the right to receive, in accordance with the prescribed procedure, from ministries and other central executive bodies the information and materials essential for performing its tasks.

5. Functioning at the Ukrainian Chamber of Commerce and Industry are the International commercial arbitration court and the Maritime arbitration commission whose activities are regulated by the Ukrainian law.

6. The Ukrainian Chamber of Commerce and Industry represents the business interests of its members at the International Chamber of Commerce and other international organizations.

Article 15. International Agreements

Provided an international agreement of Ukraine, approved by the Supreme Council of Ukraine, specifies the rules different from those set forth by this Law, the rules of such international agreement 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 its publication.

2. The standard and legal acts, passed before the enactment of this Law, shall be effective in so much as they do not run counter to this Law.

3. The Cabinet of Ministers of Ukraine, within the space of one 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 this Law;

to instruct the ministries and other central executive bodies to bring the decisions into line with this Law.

4. The chambers of commerce and industry, established and registered prior to adoption of this Law, shall be officially registered again.

President of Ukraine - Leonid KUCHMA

KYIV

December 2, 1997

No.671/97-BP