Charter

The Charter of Youth Foundation

of the Republic of Azerbaijan

 

1.General provisions

1.1. Youth Foundation of the Republic of Azerbaijan (hereinafter referred to as- the Foundation) is a public legal entity established based on the Youth Foundation under the President of the Republic of Azerbaijan, which provides stimulation of activity aimed to science, education, culture and other social spheres relating with the youth policy.

1.2. The Foundation is guided by the Constitution of the Republic of Azerbaijan, the laws of the Republic of Azerbaijan, this Charter, other decrees of the President of the Republic of Azerbaijan, as well as decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and other normative legal acts.

1.3. While fulfilling its duties and exercising its rights, the Foundation functions in cooperation with state and local self-governing bodies, international and non-governmental organizations, other legal and physical entities

1.4. The Foundation is engaged in activities having nation-wide and public importance. The Foundation may engage in entrepreneurial activity to achieve the objectives set forth in this Charter.

1.5. The Foundation has an independent balance, property, treasury and bank accounts, the seal engraved on its name, appropriate stamps and forms

1.6. As the law may permit or require, the Foundation has the right to make deals, to acquire and exercise property and non-property rights as well as duties on its behalf, it acts as a claimant or defendant in court.

1.7. The Foundation is located in Baku city.

2.Objective and fields of the foundation’s activity

2.1. The main objective of the Foundation is to provide intentional financing of the publicly and socially important projects and programs (hereinafter referred to as – project) aimed at scientific, cultural and other social fields concerning the youth policy, as well as implemented at an international scale as grant, to organize conferences, seminars, festivals, Olympiads and other events in this field, including to support projects deemed for financial assistance to the youth.

2.2. The fields of activity of the Foundation are as follows:

2.2.1. participate in the formation and implementation of state policy for the youth;

2.2.2. participate in the preparation of projects of normative legal acts in the field of youth policy;

2.2.3. support innovative ideas of the youth, youth organizations, as well as state and local self-governing bodies involved in the implementation of the youth policy regarding the field of scientific-application, social importance, and management;

2.2.4. ensure the close participation of the youth in the socio-economic, social-political and cultural life of the country, take actions to stimulate and increase their initiative.

3.Duties and rights of the foundation

3.1. The Foundation performs the following duties according to the fields of activity established by this Charter:

3.1.1. participate in the formation and implementation of state policy for the youth;

3.1.1-1. take part in the development and implementation of legislative acts, development concepts and targeted programs in the field of the youth policy;

3.1.1-2. adopt the normative act in cases stipulated by the Constitutional Law of the Republic of Azerbaijan “On normative legal acts”;

3.1.2. participate in the preparation and implementation of international agreements acceded by the Republic of Azerbaijan in connection with the activity of the Foundation;

3.1.3. organize the implementation of projects and financing grant in the field of the youth policy according to the objectives defined by this Charter;

3.1.3-1. evaluate the subjects considered for financing through the grants provided to non-governmental organizations which become legal entities of the Republic of Azerbaijan in the field of the youth policy of the institutions indicated in “the list of institutions financed from the state budget of the Republic of Azerbaijan and capable of providing a grant to legal and physical entities of the Republic of Azerbaijan according to the field of activity” by the Decree No. 654 of the President of the Republic of Azerbaijan on October 21, 2015 in participation with the Council on State Support to Non-Governmental Organizations under the Auspices of the President of the Republic of Azerbaijan and give feedback to the grants;

3.1.4. determine the expenditure items of the funds of the Foundation to implement projects;

3.1.5. organize competitions on grant financing of projects as defined by the Cabinet of Ministers of the Republic of Azerbaijan and announces their results;

3.1.6. organize the examination and monitoring of the projects financed at the expense of funds of the Foundation under the “Procedure for using funds of the foundation, including granting preferential credits at the expense of funds of the foundation” approved by the President of the Republic of Azerbaijan;

3.1.7. prefer to finance projects arising from state programs in the field of the youth policy;

3.1.8. participate in the development and implementation of regional and international programs ensuring the advancement of the youth;

3.1.9. make financial contributions at the expenses of funds of the Foundation according to the Charter to cover the education expenditures (tuition, living expenses (dormitory or residential rents), daily food expenses, maintenance expenses and transport charges (travel costs from their residing address to the location of education institution as well as travel cost of the same city (county) once in 2 (two) years, where education institution is located outside of  his/her resided city (county)) of the educating youth who require special support for social defence  during the term of apprenticeship by means of necessary teaching guides and materials;

3.1.9-1. fund the participation of youth and youth organizations in international events;

3.1.10. finance the youth to get an education in the higher prestigious education institutions of foreign countries at the expense of funds of the foundation, and as well as to participate in internship programs at international organizations under this Charter by taking into consideration of the country’s needs on specialty and education programs;

3.1.11. partially finance the salary to be paid to youth within the framework of projects envisaged to attract youth in order to ensure the employment of the youth, as well as to encourage employers who create additional working places for the youth having difficulty in finding a job, within a period no less than 1 (one) year at the expense of funds of the Foundation according to the Charter and the agreement concluded with the employer;

3.1.12. ensure efficient use of budget funds, loans, grants and other financial resources allocated to the foundation;

3.1.13. supervise an appropriation of funds allocated by the Foundation as assigned, take measures to stop financing and repay the funds if the same funds are not used as assigned;

3.1.14. participate in the implementation of purposeful programs and project financed by state bodies, international organizations, legal and physical entities;

3.1.15. provide rewarding talented and active youth under the fields of activity;

3.1.16. support projects of creative youth in the fields of theatre, cinema, architecture, design and modern art;

3.1.17. stimulate staff training, puts forward proposals on training professional specialists and compilation of training programs, participate in their implementation, creates a data bank of talented youth and young scientists;

3.1.17-1. take actions to advance the additional education and professionalism of the employees in the Foundation;

3.1.18. support civil society and public initiative through material and technical development of youth organizations;

3.1.19. support the development of youth at internet media;

3.1.20. take measures to strengthen the nurture of youth in the spirit of respect for the Azerbaijani people’s language, customs, and traditions, moral values, state symbols, Azerbaijanism, and patriotism;

3.1.21. fulfill various actions, as well as training and applied projects to ensure ecological enlightenment of youth;

3.1.22. participate in strengthening the country’s position at the international level by extending international cooperation;

3.1.23. support research works on the history and culture of Azerbaijan by the youth as well as foreign youth;

3.1.24. support projects aimed at representation and popularization of Azerbaijan;

3.1.24-1. organize clerical work and admission of citizens according to the requirements of relevant normative legal acts;

3.1.25. conduct business on the study of the youth condition, collection of relevant statistical data;

3.1.26. contribute to implementing projects on collection and dissemination of legal, economic and other information necessary for the effective arrangement of education, health, professionalism, employment, development, effective organization of leisure time of the youth;

3.1.27. allocate preferential loans at the expense of funds of the Foundation (except for grants) by authorized banks and non – banking credit organizations (hereinafter referred to as “Authorized credit organizations”) to finance innovative projects (startups) submitted by the youth according to the objectives defined by this Charter as the President of the Republic of Azerbaijan defines;

3.1.28. review the appeals of the authorized credit organizations concerning to obtain referential loans at the expense of the funds specified in sub-item 3.1.27 of this Charter of the foundation, and make relevant decisions on provision or rejection of appeals depending on the expert opinion held under the sub-item 3.1.6 of this Charter;

3.1.29. help to modernize and strengthen the infrastructure related to the implementation of youth policy, including the material and technical base of youth houses;

3.1.30. provide informing the public about its activity, creating the website, placing public information on the website of which it owns and the list of which is to clarify under the law of the Republic of Azerbaijan “On accessing information” and permanently updating this information;

3.1.31. organize to ensure the information on the Foundation and its security;

3.1.32. take measures to protect state and commercial secrets, as well as non-disclosure confidentiality;

3.1.33. take actions to improve the structure and activity of the foundation;

3.1.34. review the appeals received regarding its activities “On appeals of citizens”, “On administrative proceedings” and “On obtaining information” according to to the laws of the Republic of Azerbaijan and take measures under the law;

3.1.35. perform other duties specified by the acts of the President of the Republic of Azerbaijan.

3.2. The Foundation exercises the following rights to perform its duties:

3.2.1. establish international relations, cooperates with international organizations and relevant state bodies (institutions) of foreign countries aiming to explore the possibilities for applying international experience;

3.2.1-1. put forth relevant proposals to adopt the project on the normative legal act in the field of youth policy, to make amendments to the act, to interpret the act, to suspend or to annul its force;

3.2.2. gain international experience in the field of youth policy and exchange experience and information with relevant organizations functioning abroad;

3.2.3. establish business relations with legal and physical entities in the Republic of Azerbaijan and foreign countries due to the objectives stipulated by this Charter;

3.2.4. solve the issue of financing projects that conforms to the objectives specified in the Charter;

3.2.5. make an inquiry to state and local self-governing bodies, physical and legal entities about necessary information (documents) in the field of youth policy and receives information (documents) from them;

3.2.6. promote (propagate) the activities of the Foundation, including important results of the financed projects, both within the country and abroad;

3.2.7. External specialists (experts) are involved to examine the projects capitalized at the expense of funds of the Foundation in conformity with the sub-item 3.1.6 of this Chapter;

3.2.7-1. give feedback and offers on the fields of activity, analyze and make generalizations, prepares analytical materials;

3.2.7-2. hold conferences, consultations, seminars and other events related to issues belonging to fields of activity;

3.2.7-3. present its employees to state awards and other prizes, and take measures to encourage them;

3.2.8. publish special bulletins and other publications;

3.2.9. take actions to attract financial resources to the Foundation;

3.2.10. involve volunteers to participate in their activities;

3.2.11. participate in the preparation of projects of normative legal acts in the field of youth policy;

3.2.12. exercise the rights stipulated by the law concerning the property in its use;

3.2.13. lease or use the state property owned by the Foundation under the legislation;

3.2.14. create economic facilities to perform their duties or participates in;

3.2.15. perform other duties defined by the acts of the President of the Republic of Azerbaijan.

4.Management of the foundation

4.1. The Foundation implements standards of progressive corporate governance in its activities and management.

4.2. The Foundation is governed by the Supervisory Board and Executive Director.

4.3. The Supervisory Board of the Foundation (hereinafter referred to as– the Board) carries out general management and supervision in the Foundation.

4.4. The Board consists of nine members, including its chairman. The President of the Republic of Azerbaijan appoints and dismisses the members of the Board. The term of appointment of the Board members is 4 years.

4.5. The Board functions on public (charge-free) bases.

4.6. The Board is independent in making decisions.

4.7. The Board carries out the following duties:

4.7.1. identify the fields of development, strategic goals and plans of the foundation;

4.7.1-1. make proposals and submit documents (including the financial report and annual report on the activities of the Organization) to the President of the Republic of Azerbaijan and the Cabinet of Ministers of the Republic of Azerbaijan to implement the powers of the founder;

4.7.1-2. supervise the activities of the foundation;

4.7.2. review the appeals of the Board members and Executive Director and make decisions;

4.7.3. hear the annual report on the activity of the foundation;

4.7.4. determine the external auditor of the Foundation and receive the audit report;

4.7.4-1. take measures on the results of inspections of the external auditor, as well as other inspections;

4.7.4-2. announce grant competitions and determine programs and projects of the youth and youth organizations announced as winners according to the results of the competition, as well as publish information about the results of the competition;

4.7.4-3. determine the sum of funds allocated by the Foundation to finance projects beyond the grant competition according to this Charter;

4.7.5. approve the structure of the foundation, wage fund, number(quantity) limit of employees and their salaries after having agreed with the President of the Republic of Azerbaijan, determine the incentive system paid to employees at the expense of the funds gained by the Foundation (excluding the funds allocated from the state budget and other funds owned by the state);

4.7.6. adopt a decision on the establishment of economic entities or their participation, as well as the establishment of the management, branches and representative offices of the Foundation with the consent of the founder;

4.7.6-1. confirm normative acts;

4.7.6-2. confirm financial planning and budget;

4.7.6-3. control the functions of Executive Director and checks his / her activities;

4.7.6-4. decide to agree (a deal of particular significance) in the amount over 25 % of the value of foundation’s net assets, and an agreement with the relevant person whose value contains 5% or more part of the foundation’s assets under the consent of the founder;

4.7.7. approve the internal rules on the activities of the Foundation (including the rule of excluding conflict of interests), as well as the regulations of management, branches, and representative offices, charters of subsidiary associations;

4.7.8. perform other duties defined by this Charter.

4.8. The Chairman of the Board convenes the meetings of the Board and presides over the meetings within a period fixed by this Charter. A member of the Board or Executive Director of the Board acts on the initiative of holding meetings of the Board. The meetings of the Board are authorized (valid) when all members of the Board take part (except the case provided in item 4.9-3 of this Charter). Decisions at the meeting of the Board are made by a simple majority of votes, with each member having one vote, through open balloting. In case the votes are equal, the vote of a person presiding over the meeting is decisive. Members are not allowed to remain neutral during voting.

4.9. If the Chairman of the Board is temporarily absent, the execution of his/her powers is carried out based on the assignment (task) sharing approved by the chairman of the Board.

4.9-1. The members of the Board are informed about the place and time of the meeting, as well as the issues included in the agenda in written form by adding necessary documents at least 3 (three) working days before the meeting.

4.9-2. Executive Director may also participate in the meeting of the Board.

4.9-3. When the issue touching the interests of any member of the Board is included in agenda, the member should give detailed information about his / her interests, should not participate in the discussion of this issue and voting process on this issue.

4.9-4. Any decision cannot be made on the required relevant documentation not included in the agenda or submitted before the meeting, except the cases that all the participating members agree.

4.10. Chairman of the Board:

4.10.1. organizes the work of the Board and leads its activities;

4.10.2. determines the agenda of the meetings of the Board, convenes meetings and presides over the meetings;

4.10.3. invites other persons to participate in the meeting of the Board on its initiative, as well as upon the request of any other member or Executive Director of the Board;

4.10.4. takes other measures related to the arrangement of the Board’s functions.

4.11. Members of the Board:

4.11.1. participate in the resolution of issues concerning the powers of the Board;

4.11.2. get acquainted with the agenda of the Board meeting, and the materials intended for review in advance;

4.11.3. express their views on the decisions to be adopted in the Board;

4.11.4. put forth offers on review of issues related to the powers of the Board at the meetings of the Board;

4.11.5. get acquainted with the decisions of the Board, records (protocols) of the meeting and other documents.

4.12. The members of the Board shall impartially express their attitudes to the issues reviewed at the meetings of the Board, not to allow actions and speeches that may prejudice the name of the Board member, as well as shall fulfill other requirements described in the Article 49 of the Civil Code of the Republic of Azerbaijan.

4.13. Executive Director appointed and dismissed by the President of the Republic of Azerbaijan chairs the current performance of the Foundation.  Executive Director bears responsibility for the fulfillment of the duties entrusted to the Foundation and the implementation of rights.

4.14. Executive Director has two deputies whom he/she appointed and dismissed. Deputies of Executive Director perform the duties entrusted to them by the director. If the Executive Director is temporarily absent, one of his/her deputies replaces him by the appropriate order.

4.15. The Board carries out the following duties:

4.15.1. organize the activity of the foundation, lead its current activities and represent the Foundation;

4.15.1-1. organize, verify and control the performance of the acts adopted in the fields of activity;

4.15.2. put forth offer and submit documents to the President of the Republic of Azerbaijan and the Cabinet of Ministers of the Republic of Azerbaijan to implement the powers of the founder;

4.15.3. execute the decisions of the Board;

4.15.4. put forth offers and submit documents to the Board to exercise the duties defined by the Charter;

4.15.5. supervise the implementation of the foundation’s strategic goals and plans, as well as its execution of budget;

4.15.6. inform the Board on current and operative issues;

4.15.7. decide on conclusion of an agreement, which its cost is up to 5% part of the foundation’s assets, with the relevant person;

4.15.8. confirm the structure, staff schedule and cost estimate of the Apparatus and bodies of the Foundation within the framework of the defined structure, wage fund salary fund and number limit of employees;

4.15.9. provide for the efficient use of the funds envisaged in sub-item 3.1.12 of this Charter as assigned;

4.15.10. take measures to solve the issues stipulated in sub-items 3.1.1-1 and 3.2.1-1 of this Charter;

4.15.11. make sure that that property of the Foundation is appropriated according to the purposes provided in this Charter;

4.15.12. take necessary measures to protect state and commercial secrets, as well as non-disclosure confidentiality in the areas of activity of the Foundation;

4.15.13. organize increasing the level of professionalism of the foundation’s employees, granting of salaries, contributions to salaries, awards and other payments within the framework of the wage fund;

4.15.14. give orders and commands which their exercise is obligatory in related to arranging its activity;

4.15.15. carry out operations on behalf of the Foundation within the powers defined by this Charter, concludes contracts and provides their implementation;

4.15.16. Except the cases defined by this Charter, make decisions on appointing and dismissing employees of the Foundation, including its offices, branches, and representative offices, as well as other subordinate bodies (only managers at economic entities), and taking the incentive and disciplinary actions against them;

4.15.17. revoke the decisions taken by the Foundation’s officials adverse to the legislation;

4.15.18. constitute advisory committees and working groups in the fields of activities of the Foundation;

4.15.19. ensure that clerical and archival work is conducted at the Foundation;

4.15.20. ensure that citizens’ admission and appeals are considered at the Foundation;

4.15.21. decide on all other issues that are beyond the competences of the Board.

4.16. The Foundation implements standards of progressive corporate governance in its activities and management.

5.Charter fund of the Foundation, its property and the basis of its financial activity

5.1. Initial charter fund of the Foundation is 115,000 (one hundred and fifteen thousand) manats.

5.2. Property of the Foundation is formed from the charter fund paid by the founder, other property granted by the founder, as well as funds allocated from the state budget, income obtained from its activities, donations, grants, attracted investments and other funds not prohibited by law.

5.3. The Foundation uses its property only for the purposes specified in this Charter. The Foundation exercises its powers concerning property owned by the state under the relevant legislation.

5.4. After paying the taxes and other obligatory payments stipulated by the law, the Foundation has the right to dispose independently on the profit gained from the activity of its economic entities, offices, branches, and representative offices.

5.5. The Foundation uses the funds at its disposal according to this Charter based on cost estimate of the Foundation.

5.6. At the end of the financial year, the fund remained at the balance of the Foundation is aimed at financing the expenses of the forthcoming year.

6.Form and scope of control over the activity of the Foundation

6.1. The President of the Republic of Azerbaijan implements control over the activity of the Foundation

6.2. Annual report on the activities of the Foundation is submitted to the President of the Republic of Azerbaijan.

7.Accounting and reporting in the fund

7.1. The Foundation conducts accounting records for public legal entities, compiles, submits and publishes financial statements (reports) according to the law of the Republic of Azerbaijan “On accounting records”.

7.2. The Foundation makes statistical records, draws up and submits statistical reports in conformity with the law of the Republic of Azerbaijan “On official statistics”,

7.3. The Foundation provides an audit of financial and economic activities of branches, representative offices, management, and business entities.

7.4. The Foundation involves an external auditor for auditing its activity independently.

8.Liquidation and reorganization of the Foundation

The President of the Republic of Azerbaijan exercises liquidation and reorganization of the Foundation.

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