Международная ассоциация содействия правосудию (МАСП): Учредительная декларация
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DECLARATION of Union
of ASSISTANCE to JUSTICE


 

 

1. PREAMBLE

Justice takes the major place in modern postindustrial and information world where the legal protection of interests of the creative individual, is one of the main social priorities. Its role more and more increases in a political and public life. In it, wide sense Justice - is not so much mechanism of performance of judicial power of the state, as many an instrument of direct democracy and original democracy, the form of the control of a civil society over the state. However we see also significant difficulties in realization of fair Justice which experiences counteraction from conservative elements of a society, parts of bureaucracy and criminals. Justice requires the help which can be rendered only by the general efforts of scientists-jurists, lawyers-experts, legal experts.

Thousands of the scientists-lawyers representing huge creative force, true support of idea of a lawful state work in the world. The majority of us is taken with worthy scientific positions in universities, institutes, governmental and public organizations. We highly appreciate not only a professional knowledge, but also such personal qualities as to skill to react quickly and concentrate on new scientific and educational ideas and directions, aspiration to self-perfection, enthusiasm and faith in one-self, flexibility and skill to communicate. All these properties of the present scientists demand constant and regular dialogue with colleagues worldwide, an exchange of projects and ideas, that is a constant scientific discourse. Many of us maintain close contacts among themselves contacts, however these communications are often limited to personal acquaintances, participation in incidental scientific symposiums and joint researches. There is no the general information base, concerning legal researches and ideas and allowing quickly and effectively to establish useful communications between scientists and experts. As a result interesting scientific projects and undertakings often remain virtue, not finding the encouraging response and duly support.

All this urgently demands creation of united and effective information space by means of which the legal public could unite forces and ennoble the voice, distinct to politicians and the government. Being inspired by this high idea, we are representatives of jurisprudence of the different countries - have agreed to found association in the form of Association of assistance to justice.

2. GENERAL PROVISIONS

2.1. The association is supposed as the voluntary noncommercial professional organization. Till the moment of the registration it can operate by way of the civil initiative, spending the actions by forces of participants of Association at will and to the consent.

2.2 The basic purpose of Association - to promote revival and expansion of scientific, information, business and humanitarian communications between scientists-jurists all over the world. The association is called to stimulate development of the international projects, to carry out an exchange of the qualified experts and to cooperate with other professional associations, the human rights activists and the international organizations in interests of development of the right and jurisprudence. The association has an aim to collect under its banners the most capable and vigorous lawyers from different regions and countries, having fastened this new community with strong scientific traditions.

2.3. Current work of Association will be financed due to means and the organizational resources voluntary allocated by its members on the basis of joint planning of Association activity. The separate projects spent by participants of Association, can have commercial character and be financed from different sources.

2.4. Participants of Association do not pay obligatory payments. The association accepts donations from the participants for a covering of the operational expenditure on maintenance the Internet-site. The association also involves financing under the certain projects, both from participants of Association, and from external sources. The financial help and payment of projects from the external organizations should be discussed by Advice of Association. Financing of projects by participants of Association is voluntary.

2.5. Principles of activity of Association:

  • voluntary acceptance, exception and participation in activity of Association. The introduction into Association and leaving it occurs exclusively on a voluntary basis. Participants of Association voluntary make a decision on the form and a degree of the participation in Association.
  • organizational flexibility. The association makes all the basic decisions voting. There are two formal groups on a constant basis: Board of Association (representation and coordination body), and Contact group for support of a database. Other functions the Association carries out all on a draft basis.
  • protection of information. The contact information of participants of Association is protected in the greatest possible degree from use with a view of, not stipulated in the present position. The participant of Association himself establishes and adjusts a level of access to the information for other participants of Association. All entering information, addressed to Association, is supervised by Contact group which acts as the guarantor of maintenance of confidentiality of its members.
  • equality of rights of all participants. Each participant of Association has one voice at the decision of the questions which have been born on universal suffrage. Any participant of association can represent interests of Association in coordination with the Board of Association.

2.6. Directions of Association activity:

  • unification of scientific community of the different countries as element of a civil society, the organization and coordination of its positive influence for a public life;
  • development, institution and formation of scientific schools of the right;.
  • elaboration and promotion of offers on perfection of the legislation regulating departure of justice;
  • influence upon i?aaii?eiaieoaeuio? practice through judges, public prosecutors and the lawyers participating in work of Association; * assistance to maximum transparency of justice;
  • development of the juridical education by perception of the most progressive educational technologies, an exchange of teachers, students and programs of higher education between various high schools and the countries;
  • assistance to popularization and distribution of the scientific and educational literature published by members of Association.

3. ACTIVITY OF ASSOCIATION

3.1. The Association considers as a primary problem creation and support of information base of the participants allowing them to contact effectively with each other. With this purpose the site of Association is created. The information and the correspondence forthcoming for Association to address of members of Association, is sent by them on the address of Board of Association.

3.2. The association is the base to carrying out of the general projects - scientific researches, conferences, seminars, symposiums, civil initiatives and etc.. Acceptance of each general project is made by Board of Association only after interrogation of participants of Association by Contact group and the all-round analysis of their opinions and offers. Any participant of Association can initiate the general project. For this purpose the participant should give the description of the project according to the criteria developed by Board of Association. The general projects can be also offered from the outside through Contact group of Association. In case Board Contact group considers, that the offered project responds to the established criteria, it suggests the project for the statement.

3.3. Under the decision of Board of Association scientific and practical projects can be also formed, can be convoked the general actions of Association.

3.4. The approved general project passes in a stage of formation of resources. Formation of resources is carried out by the participant of the Association who have offered the project or if necessary by Board of Association. They organize a set of a command from other participants of Association by putting up the brief announcement.

3.5. Separate participants of Association can also plan and carry out joint (local) projects on which summary they inform Board of Association through contact group.

3.6. On the basis of the presented projects perspective and current plans of activity of association are formed by Board of Association.

3.7. The association also organizes discussions for the participants. In this case the Association acts in a role of the leader of discussion.

 

4. MEMBERSHIP IN ASSOCIATION

4.1. It is provided corporate and individual membership in Association.

4.2. Corporate membership can be given to the higher educational institutions, separate faculties of law, scientific research institutes and other structures, public, noncommercial and commercial organizations, professional associations. The decision on reception is accepted by Board of Association according the application of the corresponding candidate.

4.3. Each lawyer falling under one of the following criteria can become an individual member of Association:

  • a doctoral or post-doctoral degree received at universities, the academic institutes and research institutes of the former USSR or in the CIS countries;
  • Ph. D. or equal degree received in other countries.

For reception of the persons who were not meeting these requirements, the recommendation of the operating participant (s) can be presented to Association. In unusual cases, Board of Association can use other criteria of an estimation in the individual order.

4.4. Each participant of Association has the right to leave Association voluntary. For this purpose it is enough to inform by e-mail on the desire. All contact data of the left participant without fail are a subject to removal from a database. Voluntary left participant can submit the application on restoration of the membership at any moment.

4.5. On occasion the participant can be excluded from Association for gross infringements of ethics of business relations as a result of which it is put moral or a material damage of Association as a whole or to its separate participants. The decision on exception should be approved by the qualified majority (in two third) from the general number of members of Board of Association.

5. ORGANIZATIONAL STRUCTURE, MANAGEMENT AND DECISION-MAKING

5.1. In Association operate:

  • Board of Association - representation and coordination body;
  • Coordinators of functional directions;
  • Heads of scientific directions;
  • Heads of projects

5.2. Board of Association consists of members of Association (their representatives) which are selected for 5 years by the simple majority of voices of members of the Association, held on the general actions of Association, or by electronic voting by proxy members of Association.

5.3. Functions of Board of Association are:

- support of databases;

- acceptance and exception of members of Association;

- removal of questions on universal suffrage and decision-making;

- making decisions on creation of new functional or scientific directions, the statement of coordinators and heads of directions;

- organization and the control of performance of the general projects of Association;

- planning activity of Association;

- representation of Association in attitudes with other organizations, the state bodies and at realization of the international communications.

5.4. Universal suffrage of members of Association make of the decision make:

- o formation of Board of Association and Contact group;

- exception of members of Association;

- registration of Association as the legal person;

- liquidations and reorganization of Association.

5.5. The decisions exposed on universal suffrage, are accepted by the simple majority from number of the voted participants at number taken part in voting not less than 50 percent of members at the moment of voting. Exception makes the decision on liquidation and reorganization of Association which is accepted by the qualified majority in two third of voices of all participants. The period of voting cannot exceed two weeks. The invitation for voting is spent by dispatch of questions by e-mail. Participants vote with use of e-mail or means for voting placed on a site (internet-page) of Association.

5.6. Board of Association in two third of voices selects the majority chairman of Board. The current management of activity of Board of Association and Contact group enters into functions of the last.

5.7. Coordinators and heads of directions constantly support among themselves labor relations through Board of Association and solve the current questions connected with support and updating of the information on participants of Association.

6. WORKING PROCEDURES

6.1. The Database of participants of Association: as the Main means of dialogue the Internet-site located to the address of serves: www.iuaj.net. It contains the list of Participants, news, projects, archive and other materials of Association. The site of Association should be protected from not authorized access. Visitors of a site have access only to the documents, giving the general representation about work of Association;

6.2. All participants of Association receive the password for access to a database of participants of the Association containing the following information: the name and a site of the corresponding organization or structure, a surname, a name, a place of work and a post of the representative of a corporate member or an individual member of Association, the brief description of professional work, the brief description of professional interests, and also other information under the discretion of participants.

6.3. Specially got e-mail addresses of other participants of Association also are given to each participant of Association, through which messages are sent to participants. Each participant of Association at will can specify an e-mail address;

6.4. Each participant of Association establishes a level of access to the contact information (phone, an e-mail address, the address, etc.) for each other participant of Association.

7. THE ETIQUETTE OF DIALOGUE OF PARTICIPANTS

  • nobody from participants owns Association, independently, without the consent of Board of Association does references on behalf of Association and renders pressure upon other participants of Association.
  • participants of Association trust each other and by their affairs justify the credit of trust.
  • participants of Association in every possible way promote representation of one participants of Association by another and dialogue within the limits of Association and behind its limits.
  • participants of Association appreciate time and efforts of each other.
  • each participant tries to answer phone calls, faxes and electronic messages in reasonable terms.
  • each participant strictly carries out the obligations taken on and the promises made by him, remembering, that a true word - the mortgage of corporate honor.
  • each participant aspires to strengthen reputation of other participants and Associations as a whole, irrespective of the country of residing.
  • each participant welcomes distinctions in sights, respects other points of view, and even, not being agreed with other opinion of the colleagues, does all that they could state and defend it freely.

8. THE ORDER OF ASSOCIATION FOUNDATION

8.1. Participants of constituent conference charge to members of Organizing committee of conference to register Association of assistance to justice in the organizational-legal form of the noncommercial organization (noncommercial partnership or the independent noncommercial organization). The charter of this organization should provide, in particular, an opportunity of free connection to it participants of constituent conference and other members, satisfying to the criteria stated in the present Declaration.

8.2. The charter of Association after its state registration, and also the documents necessary for connection of it, should be immediately published on a site of Association.

 

 

 


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