Legal
New version from September 1, 2023.
Article 1. International Public Organization "International Association for the Protection of the Rights of Athletes”
1. The international public organization «International Association for the Protection of the Rights of Athletes" (hereinafter referred to as the "Organization") is a membership-based voluntary self-governing public organization created on the initiative of Russian and foreign citizens to protect the rights of athletes and other purposes defined by this Charter.2. The Organization is a non-governmental, public and non-profit formation; it operates in the Russian Federation and in other countries throughout the world on the principles of voluntariness, equality, self-government, legality and publicity.
3. The Organization carries out its activities in accordance with international and national law, including the Constitution of the Russian Federation, Federal Law No. 82-FZ dated May 19, 1995 “On Public Associations”, other regulatory legal acts of the Russian Federation, this Charter, decisions of Congresses, conferences and executive bodies of the Organization.
4. The full name of the Organization is the International Public Organization "International Association for the Protection of the Rights of Athletes"
5. Short name of the Organization: «International Athlete Rights Association»
6. Name of the Organization in Russian: “Международная ассоциация по защите прав спортсменов”.
7. The abbreviated name of the Organization in English: IARA.
8. A symbol of the Organization is the emblem of the Organization. The description of the emblem of the Organization is given in Appendix 1 to this Charter.
9. The Organization has a round seal with the full name of the organization, stamps and letterhead with its name in English and Russian.
10. The Organization is created without forming a legal entity and without limiting the time of its activities.
11. The requirements of the Charter of the Organization are binding on all bodies of the Organization and its members.
12. The Organization is not liable for the obligations of its members. Members of the Organization are not liable for the obligations of the Organization. The Organization is not responsible for the obligations of the state and its bodies, and the state and its bodies are not responsible for the obligations of the Organization.
13. The Organization creates its branches, branch offices and representative offices in foreign states and regions of the Russian Federation on the basis of generally recognized norms of international law, international treaties of the Russian Federation, legislation of foreign countries and regions of the Russian Federation.
14. The Organization is located in Moscow.
PURPOSE, SUBJECT, DIRECTIONS AND TYPES OF ACTIVITY
Article 2. The purpose of the organization
The Organization is a peacekeeping formation, located outside the sphere of state policy. The purpose of the Organization is to unite all athletes for the sake of peace on the planet and protect the rights of athletes in all countries of the world from:- illegal actions, including any forms of discrimination on the grounds of race, color, gender, language, religion, political and other beliefs, national or social origin, property, estate and other position of athletes;
-political pressure, blocking or restricting the participation of athletes in international sports competitions for political reasons, including those related to the citizenship of athletes, the various political, legal and international status of their states;
-unjustified exploitation of labor, especially underage athletes labor, absence or unsatisfactory social assistance, including after the end of a sports career, in case of disability, injuries and illnesses associated with professional activities;
- unlawful, excessive and unreasonable sports sanctions and other punishments and prosecutions related to professional activities of sports representatives, including their illegal criminal prosecution, arrest and detention without sufficient evidence and establish the guilt of the athletes;
- criminal attacks in the field of professional sports, including corruption and financial abuse related to money laundering, bribery, illegal bets and fixed matches, violation of anti-doping rules and other illegal acts that undermine the integrity of international and national sports;
- external threats, in particular terrorist acts, attacks and insults from fans at sports facilities and in public places, physical violence and blackmail in connection with the athlete’s professional activities;
- other athletes’ rights violations in accordance with international and national law, the Charter of the Organization, decisions of the Congress, conferences and the executive bodies of the Organization.
Article 3. The subject, areas and activities of the Organization.
The Organization is a peacekeeping formation, located outside the sphere of state policy. The purpose of the Organization is to unite all athletes for the sake of peace on the planet and protect the rights of athletes in all countries of the world from:- to promote the unification of athletes from different countries and the development of international sport as the main instrument for international peacekeeping on the planet;
- to make proposals on strengthening the independence and autonomy of sports, improving the international sports law norms, the world sports management system and international sports court proceedings to protect the athlete’s rights and the integrity of international sports;
- to contribute to the increasing of the role of the UN and international sports organizations in the management of international sports, transparency and democratic procedures for the election of bodies of international and national sports organizations;
- to promote the nomination of persons with a good reputation in leadership positions in international and national sports organizations capable of effectively protecting the rights of athletes;
- to ensure the protection of athletes from unlawful and excessive sanctions, including those that may be regarded as humiliation or insult of national, gender or religious feelings;
- to assist international and national organizations in the fight against anti-doping rule violations, including with the criminal participation of officials of state and sports organizations, sports doctors, trainers and other interested parties;
- to make suggestions on improving the legal regulation of the activities of international and national sports and anti-doping organizations;
- to encourage contacts between universities of different countries, the exchange of professors and students, the conduct of joint scientific research and educational programs in the field of sports law in universities;
- to counteract criminalization processes of international and national sports federations, in particular, the penetration of organized crime into the field of sports, the appointment of persons with criminal backgrounds to senior positions in international and national sports organizations;
- to make proposals on the creation of international bodies for investigating crimes committed by participants of international sports competitions, on attracting independent experts and forensic laboratories recognized by all parties of international criminal proceedings to investigate such crimes;
- to develop programs for the legal education of athletes, in particular, their acquisition of legal knowledge and skills to protect their own rights in professional sports;
- to conduct a comparative analysis of the application of different national legislations, innovative legal technologies and practices to protect the rights of athletes in different countries of the world and to prepare relevant recommendations for international and national sports federations;
- to create the Organization’s website on the Internet to inform athletes about the Organization’s activities;
- to carry out other activities in accordance with international and national law, the Charter, the decisions of Congresses, conferences and executive bodies of the Organization
RIGHTS AND OBLIGATIONS OF THE ORGANIZATION
Article 4. Rights of the Organization.
The Organization has the following rights in accordance with international and national law, decisions of congresses, conferences and executive bodies of the Organization and this Charter:-to join other international public associations, to acquire rights and to bear responsibilities corresponding to the status of these international public associations, to maintain direct international contacts and communications, to enter into agreements with foreign non-profit non-governmental organizations;
- to interact with the UN and its executive bodies, the International Olympic Committee, the Committee of European Olympic Organizations, the World Anti-Doping Agency, the World Football Federation, other international, national sports federations and anti-doping organizations, other international and national organizations;
- take public and private initiatives on the rights of athletes, the development problems of Russian and international sports, freely transmit information about its activities in the media and the Internet in the Russian Federation and other countries;
- to participate in the preparation and examination of legal national and international acts, international agreements, program development, management decisions of national and international organizations;
-to hold congresses, international scientific conferences, symposia, round tables, public discussions, seminars, and to publish scientific collections of articles following these meetings;
- to make suggestions and recommendations to international and national organizations on the problems of the athlete’s rights protection and maintaining the integrity of sports and the development of Russian and international sports;
- to represent and protect the rights, legitimate interests of members of the Organization, athletes, groups of athletes, athletes of regions, other representatives of sports and individual countries in national, international organizations and courts;
- to take part in pre-trial disputes through the mediation procedure, to be a party in the international and national mediation and arbitration sports courts, including the Court of Arbitration for Sport (Switzerland);
- to demand compensation payments for athletes affected by unlawful, unreasonable and excessive sanctions, as well as illegal actions of officials of international and national organizations;
- to attract for the protection of the rights of athletes the state authorized persons, ombudsmen, lawyers, law associations, human rights and public organizations in the Russian Federation and foreign countries;
- to interact with Interpol, Europol, the United Nations Office on Drugs and Crime, Russian and foreign law enforcement agencies, supervisory and control authorities in order to prevent offenses in the field of international and national sports;
- to make proposals to international and national organizations on criminal, administrative and other penalties for officials who crudely violated the athlete’s rights, in particular those guilty of death and damage to health, discrimination, deception of athletes, corruption, financial abuse, manipulation of sports results and other illegal actions;
- to fully exercise other powers provided by international and national law, in particular, the current legislation of the Russian Federation for public associations.
Article 5. Obligations of the Organization.
The organization is obliged:- to comply with generally recognized principles and norms of international law, the legislation of the Russian Federation relating to the area of its activities, as well as the norms provided by this Charter;
- to consider the appeals of Russian and foreign athletes and to take measures for protecting their rights in accordance with international and national law;
- to ensure the safety of personal data of the Organization members, as well as persons who have applied in Organization to protect their rights;
- to perform other duties provided by decisions of the Congress, conferences, executive bodies of the Organization, this Charter and the legislation of the Russian Federation.
THE ORGANIZATION MEMBERS AND FOUNDERS, THEIR RIGHTS AND OBLIGATIONS
Article 6. The Organization founders and members
1. Members and founders of the Organization may be public associations and citizens of the Russian Federation, foreign citizens, stateless persons aged eighteen and above, who are scientists, professors, lawyers, mediators and other specialists in the field of sports law and jurisprudence, as well as athletes, veterans of sports, other persons engaged in the field of professional sports, sharing the goals of the Organization, fulfilling the requirements of this Charter. By decision of the Organization executive body, members of the Organization may also be persons of other professions and fields of activity.2. The Organization is created by the Congress on the initiative of at least 3 (three) individuals. Foreign citizens and stateless persons legally located in the Russian Federation may also be founders of the Organization. From the moment the Organization is established, the founders automatically become its members, acquiring the relevant rights and obligations specified in this Charter.
3. Membership in the Organization and withdrawal from it are voluntary. Members of the Organization, individuals and legal entities, have equal rights and bear equal responsibilities. Persons accused of money laundering, involved in extremist activities and who are in places of deprivation of liberty by a court judgment cannot be members and founders of the Organization.
4. Admission as a member of the Organization is carried out on the basis of a statement of intention to join the Organization as a member and made out by decision of the Organization Board of Directors (hereinafter referred to as the Board of Directors) or by decision of the branch executive body. Accounting for Organization members is carried out by the executive body, which decided on their admission.
5. The title of “Honorary Member” establishes in the Organization for persons who have made a significant contribution to the public activity of the Organization.
6. A member of the Organization is awarded a membership certificate in English or Russian, a sample of which is established by decision of the Board of Directors. A member of the Organization may at any time withdraw from the Organization on the basis of an application submitted to the executive body that made the decision on admission of the member of the Organization.
Article 7. Rights and obligations of the Organization members
1. Members of the Organization have the right:- to take part in the Organization activities;
- to participate in the work of the Congress, conference, symposium and other events conducted by the Organization, as well as the general meeting of the corresponding department;
- to make proposals for improving the activities of the Organization in all executive bodies of the Organization;
- to apply with statements to the executive bodies of the Organization and to receive a response on their appeal;
- to receive information on the activities of the Organization in the prescribed manner;
- to elect and to be elected to the executive bodies of the Organization.
2. Members of the Organization may have other rights and obligations provided for by decisions of Congresses, conferences and executive bodies of the Organization, as well as national legislation and international law.
ORGANIZATION GOVERNING BODIES
Article 8. The Congress is the highest governing body of the Organization.
1. The highest governing body of the Organization is the Congress, which is called by the Board of Directors at least once every five years.2. An extraordinary Congress shall be called by the Board of Directors in case of the need to make any decisions relating to the exclusive competence of the Congress.
3. The exclusive competence of the Congress includes:
- approval of the Charter of the Organization and introduction of amendments and additions to it;
- decision making on reorganization and liquidation of the Organization;
- early termination of powers of the governing bodies of the Organization;
- election of the Board of Directors;
- election of the Chairperson of the Board of Directors (hereinafter the Chairperson);
- liquidation and reorganization of the Organization.
4. The Congress has the right to make decisions on any other issues of the Organization’s activities, including those related to the competence of the Organization executive bodies.
5. Each founder and member of the Organization has one vote. Decisions at the congress are made by a simple majority of votes of the Organization founders and members who are present at the congress. The decision on the election of the Chairperson, liquidation and reorganization of the Organization is made by a qualified majority of votes (2/3 of the votes of the members of the Organization who are present at the congress).
6. The protocol of the Congress shall be signed by the Chairperson and the Secretary, elected at the beginning of the meeting.
Article 9. Board of Directors
1. The Board of Directors is the main executive permanent body of the Organization. The Board of Directors is elected by the Congress for five years. The Board of Directors is entitled to incorporate new directors into its composition with their subsequent approval at the Organization's Congress.2. The Board of Directors consists of the Chairman, Deputy Chairmen and Directors. The Board of Directors also includes heads of branches and the General Secretary of the Organization ex officio. Deputy Chairmen of the Board of Directors, heads of commissions and the General Secretary are elected by the Board of Directors on the proposal of the Chairman by a simple majority of votes.
3. The competence of the Board of Directors includes:
- organization of regular and extraordinary Congresses of the Organization, monitoring the implementation of decisions of the Congresses;
- making decisions on the entry of the Organization into other international public organizations;
- the creation of other public organizations, branches, branch offices and representative offices of the Organization in the Russian Federation and other countries;
- the formation of permanent and temporary commissions of the Organization;
-- appointment of new members of the Board of Directors, deputies and advisers to the Chairman of the Board of Directors, General Secretary, conferring the titles of "Honorary Chairman of the Board of Directors", "Honorary Member of the Board of Directors", "Chief Director", "Chief Advisor", "Honorary Member of IARA";
- making additions and changes to the Charter of the Organization;
- appointment of heads of branches, offices of branches, representative offices and commissions of the Organization;
- approval of long-term programs and work plans of the Organization and monitoring their implementation;
- establishment of awards, awarding with prizes and bonuses of the Organization;
- admission to membership and honorary members of the Organization;
- organization of conferences, symposia, seminars, round tables and other events in accordance with the Organization Charter;
- appointment of representatives of the Organization on Athlete Rights Protection in international and national courts and organizations;
- approval of samples of certificates, powers of attorney and authorization documents of the Organization;
- making other decisions in the main activity area of the Organization.
4. The Board of Directors has the right to publicly voice its position on the most pressing and resonant issues of athlete rights protection in the Russian Federation and other countries, to apply in this connection with written statements to international and national organizations, and publish them in the media.
5. The Board of Directors regularly holds meetings via the internet and face to face manner, makes decisions by a simple majority of votes by direct or remote voting. The Secretary is responsible for the minutes and the organization of voting.
6. The General Secretary of the Organization exercises control over the decisions of the executive bodies of the Organization.
Article 10. Chairperson of the Board of Directors
The Chairperson acts without a power of attorney on behalf of the Organization and exercises the following powers:- to preside at the Organization's Congress, conferences and meetings of the Board of Directors;
- to sign the minutes and decisions of the Congress, conference and Board of Directors;
- to report on the work done before the Congress;
- approves the appointments and duties of the deputies Chairmen, heads of branches, offices of branches, representative offices and commissions, the General Secretary of the Organization, as well as other persons in accordance with paragraph 3 of Article 9 of this Charter;
- to ensure the implementation of decisions of the Congress, conferences and the Board of Directors, the implementation of the provisions of this Charter;
- to coordinate the activities of all executive and structural divisions of the Organization;
- to represent the interests of the Organization in international and national organizations;
- to provide interaction and to maintain correspondence with international and national organizations within the competence established by this Charter;
- to conclude cooperation agreements for the implementation of the goals of the Organization defined by this Charter;
- to issue power of attorney to represent the interests of the Organization and conclude cooperation agreements;
- to voice his opinion in the media on the most relevant and resonant issues of athlete rights protection;
- to organize the preparation of plans and programs of the Organization;
- to ensure the safety of documentation and personal data of the Organization members;
- to create the Organization’s website on the Internet and timely updating the information contained on this website;
- to exercise other powers in accordance with this Charter.
ORGANIZATION STRUCTURE
Article 11 Structure of the Orgsnization
The Organization may establish branches, branch offices and representative offices in the Russian Federation and other countries.
A representative office is a separate division of the Organization with the participation of one to three members of the Organization, representing the interests of the Organization in the regions of Russia or foreign countries.
A branch is a separate division of the Organization with the participation of five or more members of the Organization, operating on the principles of voluntary self-government and autonomy on the territory of the Russian Federation and foreign countries. The branch can independently hold general meetings, accept new members of the Organization, and create its own management bodies. On the territory of the Russian Federation, branches are created in federal districts or cities of federal significance. Branches can open offices in the regions that are part of the federal districts. The composition and structure of the management bodies of the branch is approved by the Board of Directors of the Organization. The activities of the branches are carried out on the basis of the Charter, decisions of the Board of Directors, as well as the norms of international, national and regional legislation.
Article 12. Creation of representative offices and branches
The organization creates the Representative office in:
International Association of Sports Law (IASL)
13 Veranzerou St.
10677 Athens, Greece
Tel. +30 210 3839440
Fax +30 210 3839540
Other branches and representative offices may be established in countries and regions of the Russian Federation by decision of the Board of Directors.
Article 13. Sources of financial support for the activities of the Organization.
The Organization does not own property and cannot be the subject of property and any commercial transactions, cannot open bank accounts and have profit from its activities in the territory of the Russian Federation. The costs associated with ensuring the organization’s activities, in particular, holding congresses, conferences and other meetings of the Organization are covered by third parties at the expense of charity and sponsorship, other financial proceeds permitted by law, as well as personal funds of members of the Organization. The activities of representative offices and departments in foreign countries are provided in accordance with the laws of these countries.THE ORDER OF REORGANIZATION AND LIQUIDATION OF THE ORGANIZATION
Article 14. Reorganization of the Organization
1. The Organization may be reorganized in the form of merger, accession, division, splitting, and transformation according to the decision of the Congress adopted by 2/3 of the total number of members of the Organization who are present at the Congress.2. Upon reorganization, all the rights of the Organization shall be transferred to the newly established legal entity (assignee) in the manner provided for by the current legislation of the Russian Federation.
Article 15. Liquidation of the Organization
1. The Organization may be liquidated by a decision of the Congress adopted by 2/3 of the votes of the total number of members of the Organization who are present at the Congress.
2. The Organization may be liquidated by a court decision in the Russian Federation in the manner established by the legislation of the Russian Federation.