Statute of the Montenegrin Olympic Committee
(from March 14, 2019 with amendments to the Statute from October 7, 2019)
PREAMBLE
The Montenegrin Olympic Committee (hereinafter: MOC), as the umbrella association of sports in Montenegro represented by the President of the MOC, is recognized by the Law on Sports, established in accordance with the Olympic Charter, and recognized by the International Olympic Committee (hereinafter: IOC).
In accordance with its mission and role at the national level, the MOC, by adopting this Statute, undertakes to:
- carry out its activities in accordance with the principles of the Olympic movement and the IOC Olympic Charter;
- adhere to the rules of the Olympic Charter and the decisions of the IOC, and in particular the rules contained in the provisions of Articles 27 to 31 of the Olympic Charter, including the provisions of the accompanying regulations of Articles 27 and 28 of the Olympic Charter, which regulate matters relating to national Olympic committees;
- participate in activities that help spread peace and improve the position of women in sports and
- help and encourage the development of sports ethics;
- fight against doping and respect the provisions of the World Anti-Doping Code;
- in its activities, show a responsible attitude towards environmental protection issues.
I GENERAL PROVISIONS
Article 1
The MOC is the umbrella association of sports in Montenegro that bases its activities on the principles of the Olympic movement and the IOC Olympic Charter, the European Sports Charter, and the goals of the development of Montenegrin sports.
Article 2
The MOC is a non-governmental, non-political, and non-profit sports organization, independent in its work and activities, within and through which the national and international sports interests of Montenegro are realized as the national Olympic committee of Montenegro.
Article 3
The MOC has the status of a legal entity.
The headquarters of the MOC are in Podgorica, 19.decembra street number 21.
The area of operation of the MOC is the territory of Montenegro.
Article 4
The full name of the MOC in the Montenegrin language is: Crnogorski olimpijski komitet, while the abbreviated name is: COK.
The full name in English can also be used: Montenegrin Olympic Committee, as well as the abbreviated name: NOC of Montenegro.
The name in English can only be used with the simultaneous mention of the name in Montenegrin, which is listed first.
The official language of the MOC is Montenegrin, while English or French is used in correspondence with other countries.
Article 5
The MOC can join international sports associations in which it can realize its interests on the international level and affirm Montenegrin sports, in accordance with the IOC Olympic Charter.
Article 6
The MOC has its symbols in the form of an emblem and a flag.
The symbols from the previous paragraph are the property of the MOC, and are used and protected in accordance with the Olympic Charter and are approved by the competent body of the IOC.
The MOC emblem is rectangular and consists of: the Coat of Arms of Montenegro, the Olympic Rings, and the name of the MOC in Montenegrin and English.
At the top of the MOC emblem is the Coat of Arms of Montenegro, below the Coat of Arms of Montenegro are the Olympic Rings, and below the Olympic Rings is the name of the MOC in Montenegrin written in the Latin alphabet, and at the bottom of the emblem is the name of the MOC written in English.
The MOC flag is white, without a border, with the MOC emblem in the middle (hereinafter: the flag).
The ratio of the length and width of the flag from the previous paragraph is two to one.
The center point of the emblem coincides with the point where the diagonals of the flag intersect.
Article 6 a
The MOC emblem is used:
- in the seal and stamp of the MOC;
- in the official premises of the MOC and on official signs placed on the building where the MOC is located;
- on official documents of the MOC;
- on identification documents of athletes and officials and sports uniforms made for the needs of the MOC’s activities;
- on charters, diplomas and awards given by the MOC; and
- on invitations, greetings, and thank you notes given by the MOC.
Article 6 b
The flag is permanently displayed at the MOC headquarters.
The flag is displayed on the MOC building on June 23, on which date Olympic Day is celebrated in Montenegro.
The flag is displayed at the Olympic Games.
The flag can be displayed at sports gatherings or events organized under the patronage of the MOC, in accordance with the rules of the specific event.
The flag can also be displayed at scientific gatherings and conferences dedicated to Olympism, i.e. sports in general.
The flag is raised, lowered, displayed, and removed, i.e., carried with the usual honors.
Article 7
The MOC has a seal and a stamp.
The MOC’s seal is round and has a text of the following content written in concentric circles: Crnogorski olimpijski komitet Podgorica (first concentric circle), Montenegrin Olympic Committee (second concentric circle), and in the center of the seal are the Coat of Arms of Montenegro and the Olympic Rings.
The MOC’s stamp is rectangular and of the usual size. At the top of the left side of the stamp is the Coat of Arms of Montenegro, and below it are the Olympic Rings. Along the top edge of the stamp on the right side, next to the Coat of Arms of Montenegro, the text: “Crnogorski olimpijski komitet” is written, and below that, the text Montenegrin Olympic Committee. Below the name of the MOC in English, there is the designation “Number” with a dash, and at the bottom of the stamp, the headquarters of the MOC (Podgorica) and the date ______ 20___. are written along the entire length.
Article 8
All expressions used in this statute for male persons imply the same expressions in the female gender.
II GOALS AND TASKS
Article 9
The MOC has the exclusive right to represent Montenegro at the Olympic Games, regional, continental, or world multi-sport competitions under the patronage of the IOC.
The MOC performs tasks that provide conditions for: encouraging, developing, and improving sports, organizing and holding international sports competitions that are under the jurisdiction of the IOC, and in particular:
ensures compliance with the Olympic Charter in Montenegro;
promotes the basic principles and values of Olympism in Montenegro;
participates in proposing and implementing the sports development policy in Montenegro;
coordinates the activities of national sports federations in the realization of the overall sports program;
implements programs of public interest in sports;
encourages the achievement of sports results, supports and co-finances Montenegrin athletes and their participation in national sports teams at the Olympic Games, European Games, Mediterranean Games, Games of the Small States of Europe, Youth Olympic Games, European Youth Olympic Festival, as well as other significant multi-sport international competitions and sports events of sports that are organized under the patronage of the IOC;
regulates the way of exercising the rights and obligations of its members and the way of using and protecting the symbols and emblems of the IOC and the MOC;
establishes a sports arbitration and a permanent sports arbitration court if necessary;
encourages the cooperation of Montenegro with other countries in the field of sports;
represents Montenegrin sports before the IOC and relevant international sports organizations and sports associations;
elects the athlete of the year;
adopts and applies the World Anti-Doping Code;
establishes and dissolves the Anti-Doping Commission;
takes measures against all forms of discrimination, violence in sports and other negative phenomena in sports;
adopts acts provided for by the Law on Sports;
performs other tasks that are determined by international regulations, the Law on Sports, and this statute.
Article 10
In order to achieve these goals and tasks, the MOC cooperates with national sports federations of Olympic and other sports, with the state administration body responsible for sports, and other administrative bodies, non-governmental associations, and legal entities that can contribute to the development of sports in Montenegro.
Article 11
In the realization of its goals, the MOC preserves its autonomy and resists pressure of any kind from political, legal, religious, economic, and other pressures that are contrary to the Olympic Charter.
III MEMBERSHIP
Article 12
The MOC can accept only one national sports federation in a particular sport as a member.
The MOC Assembly (hereinafter: the Assembly) decides on admission to the MOC’s membership on the proposal of the Management Board.
The founders of the MOC are considered to be the national sports federations of Montenegro that are members of international sports federations that are responsible for the sports included in the program of the Olympic Games.
The founders of the MOC have the rights and obligations of full members.
Article 13
MOC members can be full, associated, temporary, and honorary members.
1. Full members
Article 14
Full members of the MOC are national sports federations of Montenegro that are registered in accordance with the Law on Sports of Montenegro and that are members of international sports federations that are responsible for the sports included in the program of the Olympic Games.
In addition to the federations from paragraph 1 of this article, full members of the MOC are also considered to be:
IOC members from Montenegro;
members of the IOC Sports Commission from Montenegro;
honorary IOC members from Montenegro;
The Club of Montenegrin Olympians.
Article 15
IOC members from Article 14, paragraph 2, items 1, 2, and 3 of this statute are ex officio members of the Management Board in which they have the right to vote.
IOC members and honorary IOC members who have been expelled from the IOC cannot be members of the MOC.
Article 16
The Club of Montenegrin Olympians from Article 14, paragraph 2, item 4 of this statute is a non-profit association of Montenegrin citizens – participants of individual and team sports at the Olympic Games, head coaches and selectors of Montenegrin Olympic teams, as well as judges who served at the Olympic Games.
The Club of Montenegrin Olympians has the status of a legal entity, is independent in its activities, and was founded in accordance with the Law on Non-Governmental Organizations and this statute.
Article 17
The President of the MOC, the Secretary General, an IOC member from Montenegro, and the Head of Mission at the Olympic Games have the right to be members of the Club of Montenegrin Olympians by virtue of their position.
For special merits and contribution to Olympism, the Club of Montenegrin Olympians can admit other persons, non-Olympians, to its membership, but only as honorary members who can participate in the work of the bodies of the Club of Montenegrin Olympians without the right to vote.
Article 18
The goals of the Club of Montenegrin Olympians are to support, spread, and implement the basic principles of the Olympic Charter, and in particular:
- to encourage the MOC, sports organizations, and state administration bodies and other administration bodies to take maximum care of ensuring the social and professional future of Olympians;
- to act on the affirmation of Olympism and the development of the Olympic movement;
- to support and encourage the improvement of sports ethics, the spirit of “fair play” and non-violence;
- to wage an uncompromising fight against doping in sports, as well as all forms of addiction that harm or endanger the health of athletes;
- to oppose any political or commercial abuse of sports and athletes;
- to oppose any form of discrimination in sports – political, racial, religious or gender;
- to actively participate in the creation of a strategy and the implementation of the sports policy of development and improvement of Montenegrin sports;
- to act as ambassadors of the Olympic movement, especially in actions to improve peace in the world.
Article 19
The activities of the Club of Montenegrin Olympians in fulfilling the goals of Article 18 of this statute are:
- to encourage and directly organize professional gatherings, consultations, seminars or thematic meetings of Olympians from all sports branches, as well as separate meetings by individual sports branches;
- to hold meetings and undertake activities of the members of the Club of Montenegrin Olympians regarding certain issues or problems of sports;
- to organize official receptions for new members of the Club of Montenegrin Olympians;
- other activities, in accordance with the established goals.
2. Associated members
Article 20
Associated members of the MOC are:
- The Paralympic Committee of Montenegro (hereinafter: POC);
- National sports federations of Montenegro that are registered in accordance with the Law on Sports of Montenegro and that are not included in the program of the Olympic Games, and whose international federation is recognized by the IOC, i.e., the general association of international sports federations (GAISF).
Associated members of the MOC have the right to vote in the Assembly, except when voting on issues that relate exclusively to the Olympic Games, the election of the President of the MOC, and financial reports.
3. Temporary members
Article 21
The Assembly may decide to temporarily recognize a new national sports federation of Montenegro for a period of two years or another period determined by the Assembly, which meets the conditions from Article 14 or Article 20 of this statute.
Temporary membership ceases:
- When the Assembly makes a decision on admitting a member as a full or associated member;
- When the Assembly does not make a decision on admission to membership, i.e., upon the expiration of the temporary recognition period from paragraph 1 of this article.
A temporary member of the MOC has the rights and obligations of an associated member of the MOC.
4. Honorary members
Article 22
The Assembly appoints as honorary members of the MOC individuals or legal entities, i.e., multi-sport groups or other sports-oriented organizations that are particularly meritorious for their long-term contribution to the successful operation of the MOC, the development of sports, and Olympism.
Honorary members are elected on the basis of a special act, at the proposal of the Management Board, and can participate in the work of the Assembly without the right to vote.
5. Rights and obligations of members
Article 23
Members of the MOC, through their representatives in the bodies and bodies of the MOC, in the manner determined by this statute:
- Propose measures and activities for the most successful realization of the goals and tasks of the MOC;
- Respect the provisions of this statute, implement the decisions and conclusions of the MOC bodies, and are responsible for their execution;
- Elect and recall representatives in the MOC bodies;
- participate in the work of the MOC and decision-making in the MOC bodies;
- perform other activities in accordance with this statute and other general acts of the MOC and perform other statutory rights and obligations.
Article 24
A member’s membership in the MOC ceases:
upon a written reasoned request;
by deleting from the register of the competent state body;
prohibition of work;
exclusion from the MOC.
Article 25
Due to a violation of the provisions of the Olympic Charter, i.e., the MOC Statute, or due to non-execution of decisions and conclusions of the MOC bodies, a warning or reprimand may be issued to an MOC member.
Except in the case of the previous paragraph, a warning or reprimand can be issued to an MOC member who, by his actions, does not achieve the goals and does not perform the tasks for which he was founded.
An MOC member who does not act in accordance with the warning or reprimand for the reasons stated in paragraphs 1 and 2 of this article will be suspended or excluded from the MOC.
The measure of warning or reprimand from paragraph 2 of this article cannot be issued to MOC members who are IOC members or honorary IOC members from Montenegro.
Article 26
The MOC member is issued a warning or reprimand from Article 25 of this statute by the Management Board, and the decision on suspension or exclusion from the MOC is made by the Assembly.
Exceptionally from the previous paragraph, due to urgency, the Management Board can make a decision on the suspension of an MOC member, which remains in legal force until the first next session of the Assembly when the final decision is made.
The procedure for issuing a warning or reprimand can be initiated at the initiative submitted by the President of the Management Board or at least one-third of the members of the Management Board.
The initiative for issuing a warning or reprimand is considered at the first next session of the Management Board.
The procedure for issuing a suspension or exclusion from the MOC is initiated at the request of the President of the Management Board.
The request from the previous paragraph is sent by the President of the Management Board to the Statutory and Legal Commission.
Based on the collected facts and evidence, the Statutory and Legal Commission drafts a decision and submits it to the competent body for further proceedings.
Article 27
In case of urgency, the Management Board can decide that an MOC member’s rights and obligations established by this statute are suspended when the competent state body has issued a first-instance decision, i.e., a decision on a misdemeanor or a criminal offense against an MOC member, until a final decision is made.
At the first following session of the Assembly, the Management Board reports on the decision to suspend the rights and obligations from paragraph 1 of this article.
Article 28
MOC members, except for those who perform their function in the MOC professionally, will not receive a salary or any kind of compensation for performing their function.
IV BODIES, PROFESSIONAL BODIES, AND PROFESSIONAL SERVICES OF THE MOC
Article 29
The MOC bodies are:
- The Assembly;
- The Management Board;
- The MOC Supervisory Board (hereinafter: the Supervisory Board);
- The President of the MOC; and
- The Secretary General.
1. The Assembly
Article 30
The Assembly is the highest governing body of the MOC.
Article 31
The Assembly is composed of:
- two representatives of the national sports federations of Olympic sports;
- four representatives of the Club of Montenegrin Olympians;
- two representatives of athletes who participated in the Olympic Games, at the proposal of the Sports Commission;
- honorary IOC members from Montenegro;
- IOC members from Montenegro;
- a representative of the POC; and
- one representative of other sports federations and associations that are members of the MOC.
The term of office of the members of the Assembly from the previous paragraph is four years and begins on the day of the verification of their mandates.
Before the verification of the mandate, the elected representative, i.e., the member of the Assembly, signs a statement of acceptance of the Olympic principles and the MOC Statute.
The same person can be re-elected to the Assembly for a new term.
The mandate of a subsequently elected member of the Assembly lasts until the expiration of the mandate of the Assembly convocation for which he was elected.
In the event that a representative or member of the Assembly from paragraph 1, items 1, 2, 3, 6, and 7 of this article is prevented from participating in the Assembly session, the representative or member of the Assembly can be replaced for that session by a written decision.
Article 32
A person who:
- is a citizen of Montenegro;
- is an affirmed athlete or sports worker;
- has not violated the ethical norms and principles of the Olympic movement;
- respects the Olympic principles and this statute.
can be appointed as a representative or member of the Assembly from Article 31, items 1, 2, 3, 6, and 7 of this Statute.
The conditions from the previous paragraph must also be met by other members of the Assembly from Article 31 of this statute.
Article 33
A member’s mandate in the Assembly may cease:
- upon the expiration of the term for which he was elected;
- upon losing Montenegrin citizenship;
- upon submitting a resignation;
- by dismissal by the Assembly, in case the person ceases to meet any of the conditions prescribed by Article 32 of this statute.
In the event that a member of the Assembly requests the dismissal of a member of the Assembly, such a request is considered if it is supported by at least ten members of the Assembly with the right to vote.
A dismissed member of the Assembly cannot become a member of the Assembly again, nor perform any other function in the MOC.
Article 34
The work in the Assembly takes place at regular, extraordinary, and electronic sessions.
The Assembly has a president and may have one or more vice-presidents.
The number of vice-presidents from the previous paragraph cannot be more than two.
The sessions of the Assembly from paragraph 1 of this article are convened and presided over by the president of the Assembly, and in case of his absence, by one of the vice-presidents.
Article 35
A regular session of the Assembly is held at least once a year.
Article 36
The President of the Assembly is obliged to notify all members of the Assembly of the time and place of the Assembly session no later than 15 days before its holding.
Article 37
The Assembly can validly make decisions if more than half of the members of the Assembly are present at the session.
The voting majority of the Assembly must consist of the votes of representatives of national federations whose sports are on the official program of the Olympic Games, the Club of Montenegrin Olympians, and athletes chosen by the members of the Sports Commission among themselves.
Article 38
On issues that relate exclusively to the Olympic Games, the election of the President of the MOC, and financial reports, only the votes of representatives of national federations whose sports are on the official program of the Olympic Games, the Club of Montenegrin Olympians, and athletes chosen by the members of the Sports Commission among themselves are taken into account.
The Assembly makes decisions by a majority of the votes of the members present, with the exception of the Statute, which is adopted by a majority of the total number of members of the Assembly.
Article 39
An extraordinary session of the Assembly is convened to discuss a specific issue.
The session from the previous paragraph is held at the proposal of the President of the MOC, the president of the Assembly, or the president of the Management Board, or at least one-third of the members of the Assembly.
An extraordinary session of the Assembly must be scheduled within 30 days from the date of submission of the proposal, otherwise, it is convened by the proposer himself.
At the extraordinary session of the Assembly, only the issue for which the session was convened is decided.
Article 39a
An electronic session of the Assembly is held as needed.
Notification of the holding of the Electronic Session of the Assembly is delivered to all members of the Assembly at least 7 days before its holding.
Article 40
The Assembly performs the following tasks and duties:
- adopts the Statute of the MOC and its amendments and/or additions;
- adopts the Program and work plan of the MOC;
- adopts the Rules of Procedure of the Assembly;
- elects and dismisses the President of the MOC;
- elects and dismisses the vice president of the Management Board;
- elects and dismisses members of the Management Board;
- elects and dismisses members of the Supervisory Board;
- proposes the sports development policy of Montenegro;
- determines the international policy of the MOC;
- takes measures in cases of violation of the interests and reputation of Montenegrin sports;
- considers and adopts the Report on the work of the Management Board;
- considers and adopts the Report on the work of the Supervisory Board;
- establishes the criteria for awarding prizes, awards, and honors of the MOC;
- decides on admission to the MOC’s membership;
- decides on suspension and exclusion from the MOC’s membership;
- adopts the report on the MOC’s operations for the previous calendar year;
- adopts the financial plan and annual financial reports of the MOC;
- makes decisions on the termination of the MOC and the distribution of the remaining assets;
- performs other tasks determined by law and this statute.
2. Management Board
Article 41
The Management Board is the highest management body of the MOC and the executive body of the Assembly, to which it is responsible for its work.
Article 42
The Management Board has a maximum of 17 members.
The Management Board has a president and may have one or more vice presidents.
The number of vice-presidents from paragraph 2 of this article cannot be more than two.
The vice-president of the Management Board and the members of the Management Board are proposed by the President of the MOC.
The election of the vice-president of the Management Board and the members of the Management Board is carried out by the Assembly by secret ballot, unless the Assembly decides on a different method of voting.
The vice-president of the Management Board is also the vice-president of the Assembly and the vice-president of the MOC.
Article 43
The term of office of the members of the Management Board is four years and the same members can be re-elected.
Article 44
Membership in the Management Board ceases:
- at the end of the mandate;
- upon submitting a resignation;
- by dismissal.
Article 45
The Management Board manages the affairs of the MOC between two Assembly sessions.
Article 46
The Management Board performs the following tasks and duties:
- executes and implements the decisions and conclusions of the Assembly;
- establishes the proposal of the MOC Statute and its amendments and/or additions;
- establishes the proposal of the MOC Program and work plan;
- initiates and presents current issues and problems to the competent state administration bodies, other administrative bodies, and organizations;
- in cooperation with the state administration body responsible for sports and national sports federations, it participates in creating conditions for the highest quality preparation of Montenegrin athletes for the Olympic Games and other international multi-sport competitions;
- makes decisions on concluding legal transactions;
- leads the business policy of the MOC;
- establishes and maintains relations with Olympic committees and related organizations of other countries;
- submits a report on its work to the Assembly;
- takes measures in cases of violation of the interests and reputation of Montenegrin sports;
- conducts the election procedures for the MOC bodies;
- establishes committees, commissions, and other permanent and temporary working bodies, determines their jurisdictions and appoints members;
- appoints and dismisses the Secretary General;
- awards recognitions, prizes, and praises;
- takes care of providing funds for the needs of the MOC and their intended use;
- in cooperation with professional institutions, it prepares and discusses documents of importance for the development of sports in Montenegro;
- adopts the Rules of Procedure of the Management Board;
- proposes the Financial Plan and annual financial report and distributes the funds from the financial plan;
- takes care of the proper management of the MOC’s financial resources;
- prepares a report on operations for the previous year;
- proposes three members for the Sports Council;
- adopts an act on the categorization of sports;
- gives an opinion to the state administration body responsible for sports regarding the achieved sports results for athletes with top representative results and promising athletes;
- gives an opinion to the state administration body responsible for sports regarding the achieved sports results of athletes in order to receive a premium;
- adopts an act on the determination of sports experts trained for work in sports and their professions;
- establishes the Anti-Doping Commission;
- elects the athlete of the year and the deserving sports worker;
- adopts and applies the World Anti-Doping Code;
- gives an opinion on the candidacy of a sports organization for organizing a major international sports competition in Montenegro in sports that are on the program of the Olympic Games;
- elects members of the Sports Commission from the full members of the MOC;
- adopts other general acts within its jurisdiction, in accordance with the Law on Sports and this statute;
- gives an interpretation of the general acts of the MOC;
- performs other tasks determined by the IOC Charter, the Law on Sports, this statute, and other general acts.
Article 47
The President of the Management Board convenes and presides over the sessions, based on the established agenda.
A session of the Management Board can also be held at the request of the Supervisory Board or on the basis of a proposal by one-third of the members of the Management Board.
Article 48
The members of the Management Board must be notified of the date of the session at least five days before the session, and the material for that session is delivered to them at the same time.
Article 49
The sessions are prepared by the Secretary General with the members of the working bodies and bodies and the Professional Service.
Article 50
The Management Board has a quorum for decision-making if a majority of the total number of members is present at the session.
Article 51
At the proposal of the president of the Management Board, only members of the Management Board who represent the national federations of Olympic sports can decide on important issues of an Olympic nature.
The decision on the issues from paragraph 1 of this article is made if the majority of the present members of the Management Board, who represent the national sports federations of Olympic sports, vote for it.
Article 52
In case of urgency, the president of the Management Board or the Management Board can decide that a certain decision will be voted on electronically.
If more than half of the total number of members of the Management Board voted for the proposal of the decision from paragraph 1 of this article, the decision is considered adopted.
The outcome of the vote from paragraph 2 of this article must be delivered in writing to all members of the Management Board.
The minutes are adopted at the first next session of the Management Board.
Article 53
If there is a doubt regarding the formal validity of the electronic vote from paragraph 52 of this statute, the president of the Management Board makes the final decision on the validity of the given answers.
The case of urgency from Article 52 of this statute cannot be applied in the procedure for establishing the proposal of the Statute, i.e., its amendments and/or additions.
Article 54
The Management Board has permanent and temporary working bodies.
The permanent working bodies are:
- Commission for the Improvement of Sports and Olympic Preparations;
- Commission for International Relations;
- Commission for Marketing;
- Commission for Financial and Material Matters;
- Commission for Information and Publishing;
- Statutory and Legal Commission; and
- Health Commission.
Article 55
By the decision on the appointment of permanent and temporary working bodies, the Management Board determines their composition, scope, and authority.
3. Supervisory Board
Article 56
The Supervisory Board has three members.
Article 57
The term of office of the members of the Supervisory Board is four years.
Article 58
Membership in the Supervisory Board ceases:
- Upon the expiration of the mandate;
- Upon submitting a resignation; or
- by dismissal.
Article 58a
A member of the Management Board, i.e., a member of the Supervisory Board, can be dismissed:
- if he acts in a way that can discredit the MOC;
- if he is sentenced to an unconditional prison sentence;
- if he is found to be unable to perform his duties due to a disability proven by medical documentation; or
- if he behaves in a way that constitutes an omission or refusal or neglect of duty.
Član 58a
Član Upravnog odbora, odnosno član Nadzornog odbora može biti razriješen:
- ako postupa na način koji može da diskredituje COK;
- ako je osuđen na bezuslovnu kaznu zatvora;
- ako se ustanovi nesposobnost obavljanja dužnosti usljed onesposobljenosti koja se dokazuje medicinskom dokumentacijom; ili
- ako se ponaša na način koji predstavlja nečinjenje ili odbijanje ili zanemarivanje obavljanja dužnosti.
Article 59
The members of the Supervisory Board elect the president at the first session.
Article 60
The Supervisory Board supervises and controls the legality of the work and the financial and material operations of the MOC, and informs the Assembly, the Management Board, the President of the MOC, and the Secretary General about the findings, who are obliged to consider them and take appropriate measures.
Article 61
The Supervisory Board prepares a Report on its work and submits it in writing to the Assembly, to which it is responsible for its work.
4. President of the MOC
Article 62
The President of the MOC is elected by the Assembly on the basis of a determined list of candidates, for a period of 4 years, directly, by secret ballot, unless the Assembly decides on a different method of voting.
A candidate for president is proposed by at least three national federations of Olympic sports, in writing.
The list of candidates from paragraph 1 of this article is determined by the Management Board, no later than 15 days before the session of the Assembly at which the President of the MOC is elected.
Article 63
The same person can be re-elected as President of the MOC.
The President of the MOC performs the function voluntarily or professionally, based on the decision of the Management Board.
The President of the MOC is also the president of the Assembly and the president of the Management Board.
Article 64
The President of the MOC:
- represents and stands for the MOC and is responsible for the legality of the MOC’s work;
- encourages activities for the development and improvement of the functioning of Montenegrin sports;
- is the commander for the financial operations of the MOC;
- takes care of the execution of the decisions of the Assembly and the Management Board;
- proposes a candidate for Secretary General to the Management Board from the list of candidates who applied for the public competition;
- prepares annual and other financial reports in coordination with the Secretary General;
- is authorized to dispose of the funds from the MOC’s account;
- performs other tasks in accordance with the law and this statute.
Article 65
The President of the MOC is responsible to the Assembly for his work.
Article 66
The mandate of the President of the MOC ceases:
- upon the expiration of the term for which he was elected;
- upon submitting a resignation;
- by dismissal by the Assembly, when it is determined that the President of the MOC does not fulfill his obligations.
Article 67
When the President of the MOC resigns or is prevented from performing his duty, the Management Board proposes to convene an extraordinary Assembly within 60 days, at which a new president of the MOC is elected.
Article 68
In case of the absence or prevention of the President of the MOC, he is replaced by one of the vice-presidents of the MOC, whom he authorizes, or whom the Management Board designates in case the President is unable to decide on this.
Article 69
The Assembly can, at the proposal of the Management Board, elect as honorary president a person who, as President of the MOC, has contributed with his exceptional work to the reputation and development of the MOC and the Olympic movement in Montenegro and the world.
At the same time, there can be only one honorary president, who enjoys this honor for life.
The rights and obligations of the honorary president are determined by a special act of the Management Board.
5. Arbitration
Article 70
Arbitration is an independent and autonomous body for sports arbitration, i.e., for resolving disputes related to sports.
The sports arbitration, which the MOC establishes as needed, is established to decide on the request of the parties who have contracted the jurisdiction of that arbitration in disputes arising in connection with the performance of sports activities, if the law does not stipulate that there is an exclusive jurisdiction of regular courts for deciding on a certain type of dispute.
The permanent sports arbitration court resolves disputes that arise between the MOC and other sports organizations, and also decides on the request for an extraordinary review of the decisions of the arbitrations of national sports federations and the POC.
Article 71
The Arbitration consists of 11 members, from the ranks of lawyers, athletes, and sports workers.
Article 72
The decision of the Arbitration is final, in accordance with the law.
The deadline for submitting an appeal to the Sports Arbitration Court is 21 days from the date of receipt of the Arbitration’s decision.
Article 73
The jurisdiction, closer composition, and organization of the Arbitration, the method of election and dismissal, the rights and obligations of the members of the Arbitration, the method and procedure of resolving disputes in sports, arbitration costs, and other issues of importance for the work of the Arbitration are regulated by an act of the Assembly.
6. Secretary General
Article 74
The Secretary General is the executive body of the MOC and the head of the Professional Service.
The Secretary General is appointed by the Management Board, on the basis of a public competition.
Article 75
The term of office of the Secretary General is four years, and upon the expiration of the term, he can be re-appointed.
Article 76
The Secretary General:
- is responsible for the timely preparation of materials for the sessions of the Assembly and the Management Board;
- takes care of the legality and publicness of the work;
- performs other tasks at the request of the Assembly, the Management Board, and the President of the MOC.
Article 77
A person who meets the following conditions can be appointed as Secretary General:
- has at least a VI level of education qualification;
- knowledge of one of the world languages that are in official use in the IOC (English or French);
- at least ten years of experience in Olympic sports, as an athlete or sports worker;
- at least five years of experience in management positions in sports organizations;
- has organizational skills and recognized results as a professional worker in sports.
The rights, obligations, and responsibilities of the Secretary General are determined by a work contract.
Article 78
The Secretary General is responsible to the Management Board and the President of the MOC for his work.
Article 79
The mandate of the Secretary General ceases:
- upon the expiration of the term for which he was elected;
- upon submitting a resignation;
- by dismissal by the Management Board, when it is determined that the Secretary General does not fulfill his obligations and tasks provided for by this statute and the work contract.
Article 80
If a member of the Assembly is appointed as Secretary General, his mandate in the Assembly ceases on the day of his appointment as Secretary General.
Article 80a
The composition of the MOC bodies, with the names and surnames, residence or temporary residence of the members of the bodies, is shown in the table that is an integral part of this statute.
7. Professional Service
Article 81
The MOC organizes a Professional Service for the performance of administrative, professional, financial, organizational, technical, and other tasks.
Article 82
Based on the decision of the Management Board, the MOC can establish funds and foundations and form professional services that would perform the tasks from Article 81 of this statute, as well as other tasks related to the activities of the MOC, in the part of acquiring financial and material resources, in accordance with the law, this statute, and the Olympic Charter.
Article 83
The funds for the work of the Professional Service are provided by the MOC.
Article 84
Employees in the Professional Service cannot be appointed to positions in the executive bodies of the MOC, nor can they be representatives of those bodies in the Assembly.
Article 85
The Management Board, at the proposal of the President of the MOC, adopts acts that regulate the composition, organization, and work of the Professional Service and concludes a collective agreement with the employees in the Professional Service.
8. Sports Commission
Article 86
The Sports Commission is a permanent advisory body of the MOC.
Article 87
The members of the Sports Commission are elected by the Management Board from the ranks of the full members of the MOC.
The members of the Sports Commission are appointed for a period of four years and can be re-appointed.
The members of the Sports Commission elect two representatives among themselves to participate in the work of the Assembly.
Article 88
A person who has participated in the Olympic Games and is still active in sports or sports organizations can be elected as a member of the Sports Commission.
Active and former athletes who represent athletes through the Sports Commission should resign from that position no later than the end of the third Olympic cycle after the last Olympic Games in which they participated.
An athlete who has been found to have committed any doping-related offense during his sports career cannot be appointed as a member of the sports commission.
Article 89
The members of the Sports Commission also include members of the sports commissions of the IOC and the European Olympic Committee (hereinafter: EOC) from Montenegro, if any.
The Sports Commission has a president who is elected by the members of that commission from among themselves, in the manner determined by the act from Article 92 of this statute.
Article 90
The Sports Commission ensures that the opinions and attitudes of athletes are taken into account when the competent bodies of the MOC make decisions, as well as that the rights of athletes are respected within the Olympic movement.
The Sports Commission, within the activities from paragraph 1 of this article, issues appropriate recommendations.
The Sports Commission delegates two members as full members of the MOC Assembly.
Article 91
The Sports Commission, in cooperation with the national sports federations that are members of the MOC, proposes candidates from Montenegro for the sports commissions of the IOC and the EOC, based on the criteria determined by the IOC and the EOC.
Article 92
The Sports Commission adopts a general act that regulates its organization and work.
V FINANCIAL AND MATERIAL OPERATIONS
Article 93
The MOC obtains material and financial resources by organizing marketing and other activities, from donors and sponsors, from the State budget, funds and foundations it founded, as well as from the sale of television and other rights and donations from the IOC and EOC.
The MOC also obtains material and financial resources from its own activities, in accordance with the law and the Olympic Charter.
Article 94
The MOC’s funds are used to finance part of the final preparations lasting up to seven days and the participation of athletes in the Olympic Games and other multi-sport competitions held under the patronage of the MOC, the IOC, and the EOC, as well as to fulfill the programmatic tasks and obligations of the MOC.
Article 94a
The MOC has assets.
The assets from the previous paragraph are registered and an annual inventory is carried out in accordance with the law.
The Management Board disposes of the MOC’s assets.
Article 95
Financial reports are prepared in accordance with international and accounting standards.
The annual financial report is adopted within the prescribed period, in accordance with the law.
By authorization of the President of the MOC, the Secretary General can have a deposited signature and can sign financial and material documents.
Article 96
The MOC is responsible for its obligations with its assets.
Article 97
An audit must be carried out on the MOC’s annual financial report and operations.
VI PUBLICNESS OF WORK
Article 98
The work of the MOC and its bodies is public.
Article 99
The publicness of the work is achieved:
- by timely delivery of materials for discussion to the members of the MOC bodies and other invited and interested persons (representatives of bodies, institutions, organizations, and the media);
- through MOC publications and bulletins;
- by publishing on the MOC website;
- through the media and press conferences.
Article 100
Exceptionally, when the content of the agenda requires it, the sessions of the Management Board can be closed to the public.
VII TERMINATION OF THE MOC’S WORK
Article 101
The MOC ceases to operate if the Assembly decides so by a two-thirds majority of the votes of all members of the Assembly with the right to vote, in accordance with the law.
Article 102
In the event of the termination of its work, the MOC’s assets are transferred to the legal successor of the MOC, in accordance with the decision of the Assembly.
IX TRANSITIONAL AND FINAL PROVISIONS
Article 103
The general acts of the MOC enter into force on the eighth day from the date of their publication on the MOC website.
Exceptionally from paragraph 1 of this article, when there are reasons for it determined in the adoption procedure, the general acts of the MOC can enter into force at the earliest on the day of publication on the MOC website.
The general acts of the MOC must be in accordance with this statute.
The general acts of the MOC must be harmonized with the provisions of the Law on Sports and this statute, within the period prescribed by the Law.
Article 104
If there are doubts about the meaning or interpretation of this statute or if it is determined that one of the provisions is contrary to the Olympic Charter, the solutions from the Olympic Charter shall apply.
Article 105
Any subsequent amendment to the Statute that has been approved by the IOC will be submitted to the IOC with a request for approval.
Article 106
On the day of the beginning of the application of this statute, the Statute of the MOC adopted at the session of April 21, 2012, ceases to be valid.
Article 107
This statute enters into force on the eighth day from the date of its publication on the MOC website and will be applied from the day it is approved by the competent body of the IOC.
In Podgorica,
07.10.2019
PRESIDENT
Dušan Simonović
No. 02-59/2-1
You can view the amendment to the statute here.