Kostyantynivka

"01" March 2022

 

NON-GOVERNMENTAL PUBLIC ORGANIZATION "ENVIRONMENTAL AND LEGAL SECURITY OF COMMUNITIES" (EALSOC),

(hereinafter referred to as - Party 1, represented by the Head of the organization Dmytro Hodunov, acting on the basis of the Charter, on one side, and

Partner (hereinafter referred to as - Party 2, represented by ________________________________, acting on the basis of _____________, on the other side (hereinafter jointly referred to as "Parties", and each individually - "Party"), recognizing the need to unite efforts to promote the legitimate interests of individuals in the fields of human rights protection, charitable activities, humanitarian assistance, as well as volunteer, creative, scientific, teaching, educational activities, have entered into this Memorandum of Cooperation and Partnership (hereinafter referred to as "Memorandum") about the following:

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1. SUBJECT OF THE MEMORANDUM

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1.1. The subject of this Memorandum is the cooperation of the Parties, aimed at promoting the legitimate interests of individuals in the fields of human rights protection, charitable activities, humanitarian assistance, as well as volunteer, creative, scientific, teaching, educational activities, namely:

• practical implementation of national, regional, local, and international programs aimed at improving the socio-economic situation;

• providing assistance to civilians affected by the consequences of military actions due to the full-scale invasion and armed aggression of the Russian Federation against Ukraine;

• improving the situation of beneficiaries (recipients) of charitable and humanitarian aid, facilitating social rehabilitation of the underprivileged, unemployed, disabled, internally displaced persons, and other individuals in need of care, as well as providing assistance to individuals who are limited in exercising their rights and legitimate interests due to their physical or other disabilities;

• promoting the development of culture, including the implementation of national-cultural development programs, accessibility of all segments of the population, especially the underprivileged, to cultural values and artistic creativity;

• facilitating the conservation and preservation of cultural heritage, historical and cultural environment, monuments of history and culture;

• providing assistance in the development of publishing, mass media, information infrastructure;

• facilitating the development of overall ecological well-being, as well as the natural reserve fund and nature conservation activities;

• facilitating the development of mass physical culture, sports, and tourism, promoting a healthy lifestyle, providing social care for the lonely, elderly, and other individuals who need social support and care due to their physical, material, or other peculiarities;

• facilitating the protection of motherhood and childhood, providing assistance to large and underprivileged families;

• facilitating education and development, as well as providing assistance to talented creative youth;

• comprehensively facilitating the increase in morality, culture, education, and spirituality in Ukraine and other countries;

• comprehensively facilitating the all-round educational and cultural development of children and internally displaced persons in Ukraine and abroad, as well as improving their living conditions;

• comprehensively facilitating the improvement of living conditions for vulnerable segments of the population in Ukraine;

• seeking, attracting, and investing funds in the development of public and social initiatives that implement innovative significant projects and organizations;

• participating in the design, organization, and implementation of environmental programs and environmental protection.

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1.2. For the purpose of constructive cooperation, the Parties agreed on interaction and partnership on a non-commercial basis.

1.3. The activities of the Parties are carried out without the formation of joint property and without obtaining joint income.

1.4. In their relations, the Parties are guided by this Memorandum, International legislation, and the legislation of Ukraine.

1.5. This Memorandum does not aim to restrict the activities of the Parties or create favorable (non-competitive or discriminatory) conditions for the activities of certain economic entities, enterprises, institutions, organizations, and other individuals. 

 

2. BASIC PRINCIPLES OF COOPERATION BETWEEN THE PARTIES

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2.1. Within the framework of this Memorandum, the Parties will strive to build their relations based on equality, partnership, and protection of the rights and interests of each Party.

2.2. Cooperation is based on the following principles:

• legality;

• equality;

• respect for honor and dignity and human rights;

• mutual assistance;

• mutual interests;

• promptness;

• transparency of cooperation;

• observance of public interests;

• rationality;

• confidentiality of information obtained during cooperation.

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3. MAIN DIRECTIONS OF COOPERATION BETWEEN THE PARTIES

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3.1. The main directions of cooperation between the Parties are:

• providing charitable and humanitarian assistance to children's homes, boarding houses and schools, family-type children's homes, social rehabilitation schools, shelters for minors, teachers and caregivers of these institutions, hospitals and other treatment facilities;

• providing charitable and humanitarian assistance to amateur sports organizations and clubs, amateur athletes, talented young athletes, including covering expenses for purchasing or renting sports equipment and inventory, using sports fields, premises, or facilities for training, ensuring participation in sports competitions, etc.;

• providing charitable assistance to institutions of science, education, and culture, as well as to scientists, teachers, students, pupils, announcers, artists, talented creative youth;

• providing charitable assistance to children deprived of parental care;

• providing charitable assistance to homes for the elderly or disabled;

• providing charitable assistance to underprivileged individuals in need;

• providing charitable assistance to funds, charitable, public, and other non-profit organizations;

• facilitating accessibility of all segments of the population, especially orphans and children from underprivileged families, to cultural values and artistic creativity;

• development and preparation of radio and television programs that promote the principles and ideas of the Parties;

• organizing conferences, seminars, meetings, trainings, mass events that promote the development of mass physical culture, sports and tourism, promote a healthy lifestyle, increase the level of morality, culture, education, and spirituality in Ukraine and in other countries;

• receiving, transporting by own or leased vehicles, and using humanitarian aid for its intended purpose, as well as sending humanitarian aid to other countries in accordance with the norms of International legislation, the Law of Ukraine "On Humanitarian Assistance", the Law of Ukraine "On Charitable Activities";

• exchanging information and specialists between the Parties;

• observing human rights in all spheres of life, social solidarity of citizens and social justice;

• comprehensively facilitating the protection of rights and freedoms of citizens, enterprises, institutions, and other organizations by representing their interests in state authorities, local self-government, public organizations of Ukraine, other states, at international meetings, congresses, conferences, providing informational and methodological assistance;

• conducting scientific research and educational work in the fields of social management, law, culture, economics, consumer rights protection, social policy, social security, social dialogue;

• creating conditions for open communication and exchange of experience between citizens, public organizations, and specialists on issues of law, science, ecology, social security, economics, politics, information technologies, and other areas;

• facilitating the development of international cooperation on issues that fall within the tasks of the Parties;

• providing legal assistance, consultative and other services to citizens, enterprises, institutions, organizations, public organizations, government bodies, and local self-government;

• cooperating with mass media, publications, information agencies, and analytical centers, cinema and media content producers in social networks, facilitating the publication and distribution of text, printed, audio, and video products on issues related to the goals of the Parties;

• facilitating the implementation of joint non-commercial (non-profit) projects together with Ukrainian, foreign, and international organizations, educational institutions, citizens, etc.;

• organizing and conducting non-profit educational events: congresses, conferences, lectures, round tables, press conferences, forums, meetings, public hearings, symposiums, congresses, socio-cultural and other public events aimed at meeting the needs and interests of the members of the Organization and other individuals with the participation of domestic and international experts, representatives of public organizations, government bodies, and local self-government, scientists, and educators;

• delegating members of the Organization and other individuals to participate in their own, international, and other programs, as well as for establishing cooperation and implementing joint projects, or for another purpose to achieve the tasks of the Parties;

• conducting charitable activities;

• organizing peaceful gatherings.

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4. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

4.1. Within the framework of cooperation, the Parties have the right and assume the following obligations:

4.1.1. The Parties have the right to use their own intellectual resources, developments and innovations, reputation, existing business connections, professional and managerial qualities of their members, joint and intellectual resources of the Parties, as well as other relevant intangible assets in the cooperation relations.

4.1.2. The Parties have the right to provide each other with open information that is significant for cooperation.

4.1.3. The Parties undertake to maintain business and public contacts and take all necessary measures to ensure the effectiveness and development of business and public relations, promote the development of other forms of cooperation to achieve the goals stated in the Memorandum.

4.1.4. The Parties undertake to timely provide each other with the necessary information, materials, documents, and other necessary data for the implementation of this Memorandum in a form and within the timeframes that will facilitate its operational use.

4.1.5. If necessary, the Parties will provide mutual financing of joint projects on a free and interest-free basis.

4.1.6. The Parties undertake to refrain from actions that may cause material, moral, or other damage to the other Party.

4.1.7. The Parties are responsible, as provided by international norms for non-fulfillment or improper fulfillment of the terms of this Memorandum as well as for disclosure or use of confidential, and other information, any documents or data for their own interests, including commercial ones.

4.2. The Parties undertake not to have and will not have in the future any relations with subjects listed in the Regulations of the Council (EU) on restrictive measures regarding Russian activity destabilizing the situation in Ukraine, as well as the decision of the National Security and Defense Council of Ukraine; not to engage and will not engage in interaction on issues necessary for the implementation of this Memorandum with physical and legal entities-residents of a foreign state of state ownership and legal entities, the share capital of which is owned by a foreign state, as well as contacts or purchases from other business entities that sell goods, works, services of foreign state origin, to which sanctions are applied in accordance with the Law of Ukraine "On Sanctions", and other persons whose activity restrictions are regulated and determined in the acts of International legislation.

4.3. The Parties undertake that under this Memorandum it is unacceptable to cooperate, partnership, and any activity aimed at supporting military objectives or supporting military formations, law enforcement agencies, and other special units; commercial activity with the purpose of making a profit; political or religious activity; environmentally harmful projects.

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5. TERMS, PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE MEMORANDUM

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5.1. This Memorandum does not have a validity period and is valid from the moment of its signing by the Parties.

5.2. The Parties may terminate the effect of this Memorandum at any time by notifying the other Party in writing no later than one calendar month in advance.

5.3. In case of termination of this Memorandum, measures that were initiated based on the Memorandum and not completed within its validity period shall continue and be completed in accordance with the conditions previously agreed upon by the Parties, except when it is impossible to complete these measures.

5.4. The provisions of this Memorandum may be changed or supplemented by the agreement of the Parties and formalized by appendices, which are signed by each of the Parties and are part of this Memorandum.

 

6. CONFIDENTIALITY AND COMMERCIAL SECRET

 

6.1. All information received by the Parties to the Memorandum in resolving issues related (directly or indirectly) to the subject of this Memorandum; information that is confidential for one of the Parties and was disclosed to the other Party, is confidential and constitutes a secret, which the Parties do not have the right to disclose without the written consent of the Parties, as well as to use against the other Party under the threat of sanctions provided by the legislation of Ukraine.

6.2. The Parties guarantee each other that during the validity of the Memorandum and after the expiration of its term, they will not use in their own interests and/or in the interests of third parties (including commercial distribution, gratuitous transfer, etc.) information that became known as a result of the implementation of the Memorandum and was defined by the Parties as confidential.

 

7. FINAL PROVISIONS

 

7.1. The Parties may jointly cooperate with third parties. Party 1 has the status of a non-profit organization.

7.2. The Memorandum does not affect other agreements or arrangements entered into by the Parties, as well as any agreements or arrangements between the Parties and third parties.

7.3. Any disputable issues regarding the interpretation or application of this Memorandum shall be resolved on a friendly basis through consultations and negotiations.

7.4. The Memorandum is made with full understanding by the Parties of its terms and terminology in Ukrainian and English languages in two copies, identical and having the same legal force, one for each of the Parties.