WORLD ORNITHOLOGICAL CONFEDERATION - C.O.M.

Summary

Chapter I - General: articles 1º to 6º

Chapter II - Penalties, their execution and their effects: articles 7º to 10º

Chapter III - Application of penalties

SECTION I - APPLICATION OF PENALTIES, ARTICLES 11º A 15º

SECTION II - CORRECTIVE ELEMENTS, ARTICLES 16º A 18º

Chapter IV - Disciplinary Procedure

SECTION I - GENERAL PROVISIONS, ARTICLES 19º A 25º

SECTION II - ESTABLISHMENT OF DISCIPLINARY PROCEDURE AND SUBSEQUENT ACTS, ARTICLES 26º TO 34º

SECTION III - REMEDIES: ARTICLES 35 TO 36º

SECTION IV - GENERAL AND TRANSITIONAL PROVISIONS 36º A 38º

ANNEXES:

APPENDIX I - MODEL TECHNICAL DISCIPLINARY OFFENSE REPORT

CHAPTER I

GENERALITIES

ARTICLE 1º

SCOPE OF APPLICATION

These regulations apply to all member countries, their federations, associations or affiliated unions, as well as to all individual members of a structure affiliated directly or indirectly to the COM, breeders, exhibitors, managers, technicians and judges, and all those present or participating in competitions, championships and events organized, co-organized, or under the aegis of the COM.

ARTICLE 2º

DISCIPLINARY POWER

The disciplinary power is a competence of the Board of Directors of the COM, and by delegation, of its disciplinary sub-committees and of the Executive Committee of the OMJ, in accordance with the rules defined in the following articles .

ARTICLE 3º

CONCEPT OF DISCIPLINARY INFRATION

1 - A disciplinary offense is a willful act attributable to a person or entity defined in article 1, who, voluntarily or negligently, commits a violation of the duties of sports correction provided for in the Statutes and Regulations of the COM and other applicable legislation.

2 - Disciplinary offenses are punishable, because of an action or omission.

ARTICLE 4º

PRINCIPLE OF EQUALITY AND IRRECTROACTIVITY

The fact described and declared punishable by law prior to the time of its practice cannot be punishable by discipline.

ARTICLE 5º

LIMITATION OF DISCIPLINARY OFFENSES

1 - A disciplinary offense is considered time-barred one year after the execution of the facts, except for the following provisions:

a. If the act qualified as a disciplinary offense is also considered as a criminal offense, the time limits established by the Criminal Law must be applied. In this case, the applicable law is that of the country where the acts were committed.

b. If the disciplinary offense is continuous, the limitation period will start from the last act committed.

c. The limitation period is interrupted when the disciplinary procedure is instituted, however it is initiated again if, within 60 days, there is no investigative act. The count starts from the last act performed.

ARTICLE 6º

TERMINATION OF DISCIPLINARY RESPONSIBILITY THE RESPONSIBILITY EXTENDS

a) By the execution of the sentence;

b) By prescription of the disciplinary procedure

c) By the prescription of the sentence;

d) By the death of the offender

CHAPTER II

PENALTIES, THEIR EXECUTION AND THEIR EFFECTS

ARTICLE 7º

APPLICABLE PENALTIES

The penalties applicable to all individual members for the offenses they have committed are:

1 Light:

a) Warning b) Written reprimands

2 Graves:

a) Fine

b) Suspension for up to two years

3 Very Serious:

a) Suspension up to ten years

b) Loss of the quality of Judge OMJ

c) Radiation

The sentences of suspension may be awarded with a suspended sentence, in accordance with article 34º of these Rules.

ARTICLE 8º

PENALTY REGISTER

The sentences will be recorded in the disciplinary register of the offender.

ARTICLE 9º

EFFECTS OF PENALTIES

1 - Disciplinary penalties only have the effects declared by this regulation.

2 - The penalty of suspension consists in the complete exclusion of the offender from all ornithological activities of the COM, and also implies the loss of the exercise of the right to be elected or appointed for tasks in social bodies or managing any organ of the COM during the period of suspension.

3 - The offender who has been fined will remain suspended until full payment of the fine applied.

ARTICLE 10º

CUMULATION OF SENTENCES

It is not possible to apply to the same offender more than one disciplinary penalty for each offense, or several offenses in a single procedure, with the exception of the fine penalty which can be applied as an ancillary penalty with another of the penalties provided for in this regulation.

CHAPTER III

APPLICATION OF SENTENCES

SECTION I

ARTICLE 11º

APPLICATION OF THE WRITTEN PENALTY

The penalty of reprimand in writing will, in principle, be applied, for slight faults and always with the objective of improving the conduct of the offender and when he has no fault corresponding to a more serious disciplinary action.

ARTICLE 12º

APPLICATION OF THE PENALTY OF PENALTY

1 - The fine will generally be applied in cases of simple negligence.

2 - This penalty will be applied, notably to all those who:

a) In the development of their activities or functions, sporting or administrative, have committed errors for lack of attention, with non-serious consequences for the sporting truth or for the Confederation or its affiliated organizations;

b) Disobeying legitimate orders from the governing bodies of the COM and the OMJ, without serious consequences.

c) Lack of light respect towards COM and COM members, OMJ judges and in general to all members of the organizing committees of COM events as well as to members of organizing bodies or structures affiliated to the COM

d) Do not perform, with vigilance and respect, the statutory and regulatory rules and the functions entrusted to them.

e) Do not respect the good state of conservation of the material available or which has been entrusted to them.

f) Do not respect the rules and provisions of the Code of Ethics of the COM

3 - The fine may be applied as an additional sentence to another more serious sentence.

4 - The disciplinary penalty of fine has as a limit the double of the sum of the maximum annual contribution of a country COM (to date 1000.00 euros), therefore 2.000.00 euros .

ARTICLE 13º

ENFORCEMENT OF PENALTY

1 - When a fine is applied, the offender has an obligation to pay it to the COM account within 30 days after notification to the person or the sanctioned institution.

2 - If the payment is not made within the time limit defined in the previous article, the fine is increased by 50%.

3 - Failure to pay a fine implies automatically and independently of notification, non-remission of the sanctioned, until the moment of payment.

ARTICLE 14º

APPLICATION OF THE SUSPENSION PENALTY UP TO TWO YEARS

1 - The penalty of suspension up to two years, is generally applicable to cases of conscious procedure demonstrating vigilance and diligence clearly inferior to what is essential for the exercise of the ornithological activity of the associates, or intentional procedure which awaits against the correction of diligence essential to the exercises of the ornithological activity, as a simple associate or even of director or judge, or by the affiliated institutions, as well as to the respect of the rules envisaged in the regulations and statutes of the COM

2 - This penalty will be applied in particular to all those who:

a) Presents false statements in entries or applications.

b) Provide false information in sporting or administrative matters, which causes damage to an associate or to an institution affiliated to the COM

c) Have spread confidences, which cause damage to an affiliated organization or person.

d) Disobeying the legitimate orders and directives of associative, federal or confederal governing bodies, in a way or in circumstances likely to cause damage to the functioning of these organizations.

e) We commit a lack of respect to an associative, federative or confederal leader, so as to affect the dignity essential to the exercise of his functions.

f) Speaks insults or offenses towards other associates, in social or sports facilities

g) Do not accept the determinations of the technical organs Judges and the Executive Committee of the OMJ, the determinations of the members of the COM Steering Committee and of the other Committees of the COM in the participation in a competition or activity organized or under the aegis of COM.

h) Did not respect, in a negligent manner, the duties provided for in the regulations and statutes of the COM and the applicable law.

i) Received funds, receipts or payments for which they were not accountable within applicable or reasonable time.

j) Engaging in non-compliance with sporting rules at competitions, in particular those who:

i-present un-banded birds

ii-present birds ringed with rings not in accordance with the regulations of the OMJ and the COM, of its national federation as well as that of the specific competition.

iii-show birds with more than one ring

iv-show birds with a ring with a different strain number

v-present birds with artificial painting of feathers or horned parts

vi-present a bird with the cut of the feathers, for modification of its presentation in order to falsify the appreciation of the judge

k) Do not respect, in a repeated manner, the rules and provisions of the Code of Ethics of the COM

ARTICLE 15º

APPLICATION OF SUSPENSION PENALTY UP TO TEN YEARS, LOSS OF QUALITY OF JUDGE OMJ AND DISMISSAL

1 - The penalty of suspension up to ten years is generally applicable in all cases of intentional conduct of a legal, statutory or regulatory offense which by its extreme seriousness and consequence, or of especially detrimental quality, implies the lasting prevention of the handling of the agent as ornithological practitioner.

2 - This penalty is specifically applicable to all those who:

a) Attack or are responsible by an act of physical violence, in the premises of sporting events or other premises for motives linked to ornithological activity, against another associate, who was or not a managerial, technical or other manager.

b) Cause prejudice to the sporting, competitive or property interests of associations, federations or the confederation.

c) Carry out intentionally, in the field of their ornithological activity, criminal acts of serious sporting truth, in particular:

i) Present birds to the competition with an altered or manipulated ring.

ii) Causes damage to birds belonging to another associate.

d) Because of his position, accept, directly or indirectly, advantages, gratuities or participation in profit, because of his decisions, actions or inactions.

e) Practice, in the field of sport or service, acts of dishonor, which constitute willful crimes of falsification, theft, mockery and breach of trust, once these offenses are punished by general law with a prison sentence.

f) Non-respect, or reiterated and ostensive opposition to the legitimate decisions emanating from the confederal organs.

g) Are responsible for the appropriation of money or other values ​​belonging directly or indirectly to the COM.

h) Cause damage to the Confederation by its participation or profit-sharing, direct or indirect, in an act or contract celebrated or to be celebrated.

i) Violent, in a serious and repeated manner, the rights and guarantees of the partners

j) Are responsible for a theft or accessory to a theft

k) By any act, have tried to falsify sporting truth, repeatedly or repeatedly.

l) By any act or omission attacked the welfare of the birds of which they are owners, conveyors, carriers, vigilant or responsible

3- The penalty of Loss of quality of OMJ Judge can be applied when a very serious offense is committed by an OMJ judge

4- The penalty of striking off can be applied when the offender has committed a very serious offense in the last five years and commits a new offense that is very serious or has been reproduced in a very serious offense </ p>

SECTION II

CORRECTIVE ITEMS

ARTICLE 16º

MEASUREMENT OF SENTENCES

1 - In the application of the penalties, one must refer to the general criteria announced in the preceding articles, to the sporting nature and of service, to the category of associate and to his position of director or simple partner, and in general all the circumstances in which the offense was committed.

2 - The offenses specified in the previous articles are punished in the same way in proportion to their gravity or the damage caused by them.

ARTICLE 17º

ADJUSTING CIRCUMSTANCES

1 - Facts or circumstances which mitigate against the agent or the offense resulting in the reduction of the responsibility of the accused are considered to be contiguous, in particular:

a) The spontaneous confession of the offense;

b) The regret

2 The following are considered to be special mitigating circumstances, among others:

a) The app, good past behavior evident in the last 5 years as a partner.

b) The repair of the damage caused.

c) The provocation

ARTICLE 18º

AGRAVATING CIRCUMSTANCES

1 - The following are considered as aggravating circumstances of the disciplinary conduct only:

a) The conscious will to, by conduct, cause results prejudicial to the activity and to ornithological interests in general, regardless of the result achieved.

b) Premeditation.

c) Agreement with other individuals or associates for the practice of the offense.

d) The repetition.

2 - The repetition is verified when the offense is practiced voluntarily within two years from the practice of the previous offense which consists in the violation of the type of duty or duties identical.

CHAPTER IV

DISCIPLINARY TRIAL

SECTION I

GENERAL PROVISIONS

ARTICLE 19º

CHARACTERISTICS OF THE DISCIPLINARY PROCESS

The disciplinary process is of summary investigation, it does not depend on special formalities, and must be carried out in such a way as to allow knowledge of the truth, by employing the means necessary for a rapid conclusion , exempt from it all that is unnecessary, impertinent or dilatory, without prejudice to the freedom of the accused to present all the evidence necessary for his defense, in the terms of the following articles.

ARTICLE 20º

CONFIDENTIALITY OF THE DISCIPLINARY PROCESS

1 - The disciplinary process is always confidential in nature, in all its phases, except for the accused and their legal defenders.

2 - The application of disciplinary penalties will be the object of publication in the official written and digital means of the COM, including the COM sites in the Internet, and in the circulars sent to affiliated organizations.

ARTICLE 21º

NULLITIES

1 - In the disciplinary process, only the failure to hear an accused person is the reason that determines the nullity of the trial.

2 - If investigations considered necessary have been required, a contradictory instruction will follow, otherwise a decision must be taken immediately by the competent entity.

ARTICLE 22º

PROCESS COST REGIME

1 - Each process will pay an amount of 75.00 €.

2 - This single amount must be paid with the defense presentation by each accused.

3 - In case of appeal the cost will be € 150.00 to pay with its presentation.

4 - The amount of the cost of the process paid by the accused with his defense will always be refunded in the case of an acquittal or prescription, the cost of the appeal will also be refunded if in this case an acquittal is verified.

5 - Failure to pay the cost of the process implies the loss of the right to practice the act and its nullity

ARTICLE 23º

INSTRUCTION PERIOD

1 - The investigation of the process must be completed within 60 days of the end of the deadline for presenting the defense.

2 - This period may be extended by the entity which instituted the procedure, and must be notified to the accused.

ARTICLE 24º

NEW INFRINGEMENT

1 - All people who become aware of a possible disciplinary offense practiced by an organization, associate or affiliated person can report it to the COM, to one of its bodies or members of its Committees .

2 - Entries will be immediately sent to the competent body to initiate or request the establishment of a disciplinary procedure

3 - If the offense is criminal or contra-ordenattional, the disciplinary body concerned must inform the competent authorities of the facts.

ARTICLE 25º

REPORT OF THE INFRINGEMENT

1 - The entity which verifies that a disciplinary infraction has been practiced in an activity, will proceed to the drafting of a report, which must mention the facts which may constitute a disciplinary infraction, the day and time, and all other known circumstances, the names and identification of the perpetrators and at least two witnesses who can testify on the facts, if possible, and all the documents relating to or authentic, demonstrative or relevant copies. / p>

2 - The report must be signed by all interested persons, including the author if he accepts it.

SECTION II

ESTABLISHMENT OF DISCIPLINARY PROCEDURE AND SUBSEQUENT ACTS

ARTICLE 26º

DECISION ON THE ESTABLISHMENT OF DISCIPLINARY PROCEDURE

1 - After receipt of a report containing facts liable to a disciplinary offense, it must be sent to one of the Disciplinary Committees of the COM, set up in accordance with these regulations. </ p>

2 - The competent Disciplinary Committee must decide whether the report should be archived or whether disciplinary proceedings are initiated

3 - Its competent to take the decision provided for in number 1, the following Disciplinary Committees

a) The Executive Committee of the OMJ, for possible offenses of a technical nature, or those where the accused are OMJ judges.

b) The Disciplinary Sub Committee of COM A, constituted by 3 members of the Steering Committee: Deputy Chairman, a Vice-Chairman (the oldest in the committee) and the Secretary,

c) The disciplinary Sub-Committee of COM B, constituted by 3 members of the Steering Committee: a VicePresident, the Treasurer and the Assistant Secretary

d) The full COM Steering Committee, which has exclusive disciplinary powers in cases where the accused are members of the OMJ Executive Committee or the COM Steering Committee.

e) Appeals are decided by the full COM Steering Committee, except the following case in f)

f) The Statutory Congress of the COM, which has exclusive powers to decide the appeals presented in the disciplinary proceedings or the accused are members of the Board of Directors of the COM and of the Executive Committee of OMJ (in accordance with article 35º-3) ..

4- The President-General of the COM has the right to examine all the documents and decisions of all the Disciplinary Committees and he must be informed of all notifications, defenses and appeals presented, and decisions taken

5-The President General of the COM designates which Disciplinary Committee is competent for the establishment of a procedure and subsequent investigations.

ARTICLE 27º

APPOINTMENT OF A DISCIPLINARY PROCEDURE INSTRUCTOR

1 - The entity establishing the procedure must appoint one of its members as instructor, who can choose a secretary from among the other members of the entity concerned. 2 - Technical expertise may be required and experts may be called upon to collaborate.

ARTICLE 28º

PREVENTIVE SUSPENSION

1 - Under proposal of the instructor, the entity responsible for the establishment of the procedure can suspend preventively from the exercise of its functions or rights of participation the defendants who are suspected of '' be the perpetrators of a disciplinary offense, to which corresponds a penalty of suspension of more than two years, or that his presence could imply an obstacle to the functioning of the organs, services or activities of the COM.

2 - The report with the decision of the preventive suspension must be notified in writing to the accused and to the President-General of the COM.

ARTICLE 29º

INVESTIGATION

1 - The instructor proceeds to the investigation, with the hearing of the accused and the witnesses, including those indicated by the accused and he will take all the steps for the discovery of the truth

ARTICLE 30º

PROPOSAL FOR ARCHIVING OR SANCTION

1 - When the investigation is concluded, within a maximum period of 90 days after the decision to initiate the disciplinary procedure, if the instructor is of the opinion that the facts do not are not likely to constitute an infringement or that the facts are not proven, it will propose in writing the archiving of the procedure.

2 - Otherwise, he will write a report which must mention all the facts considered to be proven and will propose a sanction, in compliance with what is prescribed in this regulation.

3 - The report must be immediately sent to the disciplinary committee concerned, to the President-General COM and to the accused by registered letter.

4 - The accused have a period of 60 days to present their defense, and must do so in writing, by registered letter

5 - During this period, the accused have the right to examine all the evidentiary documents of the process

6 - After the possible reception of a defense, the instructor must submit the entire process to the relevant Disciplinary Committee, with any comments.

ARTICLE 31º

DECISION

1-After receiving the process, the Disciplinary Committee has 30 days to produce a decision, which can be archiving or punishment

2- The decision must be founded

ARTICLE 32º

NOTIFICATION OF THE DECISION AND INI

1 - The decision must be notified to the accused and to the President-General of the COM, in writing

ARTICLE 33º

Execution of sentences, commencement

Disciplinary penalties begin ten days after notification to the accused.

ARTICLE 34º

Suspension of sentences

1 - The execution of suspension sentences can be suspended, by a well-founded decision of the Disciplinary Committee and for a period of 1 to 5 years, if:

a) The accused had at least 10 years of ornithological activity

b) He was never punished with suspension

SECTION III

APPEAL

ARTICLE 35º

ELIGIBILITY

1 - From the deliberations of the Disciplinary Committees of the COM, an appeal is allowed, only in accordance with the articles of this Regulation

2 - From the deliberations of the Disciplinary Sub-Committees A and B of the COM, and the Executive Committee of the OMJ, an appeal presented to the full COM Steering Committee is admissible.

3 - From the deliberations of the Board of Directors of the COM, an appeal is possible only in the cases provided for in article 26º, 3 d), presented to the Statutory Congress of the COM. 

4 - An appeal is not admissible in cases where the penalties applied are warning, reprimand in writing, and fine up to 300.00 euros

5 - Appeals may be presented within 60 days of notification of the trial decision to the accused.

6 - The appeal to the Statutory Congress of the COM must be presented, by registered letter sent to the President General of the COM, at least 60 days before the date of the Congress.

SECTION IV

GENERAL AND TRANSITIONAL PROVISIONS

ARTICLE36º

DESTINATION OF FINES

The fines applied in the terms of this Regulation constitute a revenue from the COM

ARTICLE 37º

SUBSIDIARY LEGISLATION

Anything not provided for in these regulations must be decided by the Board of Directors of the COM in order to:

a) The Statutes of the COM

b) The Internal Regulations of the COM and its other official regulations

c) The Regulations of national entities COM

d) Applicable laws of member countries

e) The Universal Declaration of Human Rights

f) Common sense

ARTICLE 38º

TRANSITIONAL PROVISIONS

1 - These disciplinary regulations are approved by the Management Committee of the COM on August 3, 2018 for ratification by the Statutory Congress of the COM in Zwolle 2019 and immediate application, with a view to the article 14 of the Statutes of the COM.

2 - Disciplinary infractions noted after August 3, 2018 will apply the prescriptions and penalties provided for in these disciplinary regulations.

3 - The member countries at the time of their affiliation have undertaken to respect the Statutes of the COM and the Internal Regulations of the COM (article 7 of the Statutes COM)

4 - The member organizations of the COM undertake to respect the Statutes of the COM, the Internal Regulations and the Regulations of the COM and the OMJ (article 10 of the Internal Regulations of the COM)

5 - The breeders and individual members undertake to respect the Regulations of the COM and the OMJ when they complete their register in the files of the COM and each time they participate to an activity of the COM, including the acceptance of the Disciplinary Regulations and Code of Ethics and the regulations on the sharing of personal data.

Approved at the Statutory Congress of the COM in Zwolle, January 2019