HUNGARIAN PULI CLUB

Once a Puli, always a Puli

Hungarian Puli Club Ethical and Disciplinary Regulations

Chapter I
Scope of the Ethical and Disciplinary Regulations

Scope of the Ethical and Disciplinary Regulations

1.§

(1.) The Ethical and Disciplinary Regulations apply to the members of the Hungarian Puli Club (hereinafter referred to as the "Club" or "HPK").

(2.) The duties, rights, and obligations of the members are specifically defined by:

            – the laws and regulations pertaining to animal breeding and animal welfare,

            – the laws and regulations governing associations,

     – the Club's Articles of Association,

         – the decisions (resolutions) of the Club's bodies and leadership organs that are in compliance with laws and regulations.

(3.) In the case of an ethical and disciplinary procedure initiated due to the failure to comply with the laws, regulations, and resolutions mentioned in paragraph (2), the provisions of the Ethical and Disciplinary Regulations must be applied.

Ethical Expectations

2.§

(1.) A member of the HPK is a person who exhibits behavior defined by generally accepted laws, regulations, and social expectations, and who is familiar with the HPK's regulations, accepts them, and abides by them.

(2.) A member of the HPK applies the principles of cultured dog ownership, love for animals, and friendship in all their activities and expressions, and through their behavior, gains friends within the community of ethical and cultured dog owners.

(3.) A member of the HPK may not engage in activities that are detrimental to the Club. They contribute to the Club's activities with their opinions and critiques, support the development of its internal democracy, and do not support activities aimed at undermining the Club or disrupting its internal life.

(4.) A member of the HPK distances themselves from and keeps away from any organization or group whose principles are contrary to those of the Club, or which sets out to pursue objectives that differ from those of the Club, or which engages in activities contrary to the Club's activities, or whose actions aim at the dissolution of the Club.

(5.) A member of the HPK carries out their activities while observing the rules of conflict of interest, and as an elected or appointed leader of the Club, does not abuse any potential advantages arising from their position. They do not use these advantages unethically, either for financial gain or for achieving other personal objectives.

(6.) A member of the HPK behaves in a sporting manner at the Club's events, as well as at other dog-related events in Hungary or abroad where they participate as a Club member. Additionally, during activities related to dog handling, sports, and breeding, they support their peers in similar activities and take a stand against any actions that deviate from these principles.

(7.) A member of the HPK complies with conservation and animal protection regulations concerning both their own dogs and other animals, and encourages others in their environment to adhere to these regulations. Through their behavior, they educate others to love animals, especially dogs.

(8.) A member of the HPK carries out their activities with the aim of improving the quality of the Puli they breed, preserving its breed characteristics, and producing healthy individuals that conform to the breed standard, rather than solely for financial gain.

(9.) A member of the HPK is legally and ethically responsible for the dogs they breed and their fate. They continuously monitor the fate of puppies sold or gifted, and provide advice to new owners when necessary.

(10.) A member of the HPK strictly adheres to verifiable facts when promoting their dog(s) or breeding program, refrains from exaggerations, and respects the boundaries of good taste. Their behavior, as outlined above, is never directed against others or aimed at undermining or questioning the achievements of others.

Chapter II.
The Purpose of the Ethical and Disciplinary Procedure

The Purpose of the Ethical and Disciplinary Procedure

3.§

The purpose of the ethical and disciplinary procedure, as well as holding someone accountable for ethical and disciplinary responsibility, is:

(1.) To impose an ethical and disciplinary penalty that is proportionate to the proven act of the member who committed the ethical or disciplinary offense, and to deter the offender from committing similar acts in the future.

(2.) To deter other members from committing ethical and disciplinary offenses.

Ethical and Disciplinary Offenses, Ethical and Disciplinary Penalties

4.§

Ethical Offenses

(1.) Under the terms of this Regulation, an ethical offense is:

(a.) The intentional or grossly negligent violation of ethical rules,

(b.) Any attempt to gain an unjust advantage, or to provide such an advantage to others, in connection with dog ownership, breeding, and canine sports activities.

(c.) The intentional or grossly negligent violation of the mandatory provisions contained in the HPK's Articles of Association and resolutions.

(d.) Exhibiting behavior unworthy of a member or leader of the HPK.

 

 

5.§

Principles of the Ethical Procedure and Sanctioning

(1.) The legal consequences that can be applied to a natural person member of the HPK are:

(a.) Oral warning,

(b.) Written warning,

(c.) Initiating a disciplinary procedure.

(2.) A legal consequence can only be applied after the final conclusion of the appeal procedure.

6.§

In the case of ethical reports and complaints, the first instance – unless the Ethical and Disciplinary Regulations explicitly state otherwise – is handled by the Ethical and Disciplinary Committee, elected by the HPK General Assembly.

The Ethical and Disciplinary Committee

in ethical matters

(1.) It investigates and makes decisions regarding the reports and complaints submitted to it or to the HPK leadership.

(2.) It forms an opinion on any ethical issue related to the behavior of a club member.

(3.) It engages in conciliatory activities and mediates in disputes between club members.

(4.) It takes a stance on conflict of interest matters addressed to it.

(5.) During its procedure, it may hold a hearing, or make a decision without holding a hearing. If the person subject to the procedure requests it, a hearing must be held.

The decisions of the Ethical and Disciplinary Committee may be appealed in writing to the HPK Leadership within 15 days following the receipt of the decision by the affected individuals.

7.§

The Ethical and Disciplinary Committee must proceed according to the rules of the disciplinary procedure (Chapter V) during the conduct of the ethical procedure. Appeals against the decisions made in ethical matters will be reviewed by the Leadership, following the rules of the appeal process outlined in Sections 25-30.

Chapter III.
Disciplinary Offenses, Disciplinary Penalties

Fegyelmi vétségek

8.§

(1.) A member commits a disciplinary offense if they:

(a.) Violate the laws regarding animal husbandry, animal breeding, and animal protection,

(b.) Fail to comply with the provisions of the Club's Articles of Association, other regulations, or the decisions of the Club's General Assembly and Leadership,

rosszhiszeműen gyakorolja, A ChatGPT ezt mondta: ChatGPT (c.) Abuse the position or office obtained through election, or exercise their rights in bad faith,

(d.) Commit an abuse related to the Club's financial management,

(e.) Intentionally mislead the organization overseeing legal compliance, its representative, or the members of the Supervisory Board during a lawful investigation, conceal or falsify the data or evidence required for the investigation, or destroy them,

(f.) Cause moral or (direct/indirect) material harm to the Club through unworthy behavior or statements.

(2.) A member who has committed a disciplinary offense must be held accountable within the framework of a disciplinary procedure.

Disciplinary Penalties

9.§

(1.) The disciplinary penalties are as follows:

(a.) Oral warning,

(b.) Written warning,

(c.) Suspension of the member from attending the Club's events for a specified period.

(d.) Prohibition of the member's Puli (or Puls) from participating in the Club's exhibitions and breeding assessments for a specified period.

(e.) Suspension of the issuance of the pedigree for a specified period.

(f.) Suspension from office for a specified period.

(g.) Suspension from office until the end of the election period.

(h.) Expulsion from the Club for a specified period.

(2.) During the disciplinary procedure, multiple disciplinary penalties from points (a.) to (h.) of paragraph (1) may be imposed simultaneously.

(3.) The disciplinary body handling the case at first instance is required to specify the start and end dates of the disciplinary penalty defined in points (c.) to (h.) of paragraph (1) in the operative part of the decision. The duration of the penalty may not exceed two years.

(4.) Suspension of the enforcement of the disciplinary penalty.

(a.) The enforcement of the penalties listed in Section 9, paragraph (1), points (b.) to (h.) can be suspended for a period ranging from six months to one year.

(b.) Suspension may only be granted for sentences of less than one year.

(c.) The suspended disciplinary sanction shall be enforced if the member commits another disciplinary offence.

Chapter IV.

Disciplinary bodies

10.§

The disciplinary bodies are:

(a.) the Club Ethics and Disciplinary Committee,

(b.) the Management Board,

(c.) the General Assembly of the Club.

Ethics and Disciplinary Committee

11.§

(1.) The General Assembly of the Club shall elect a Chairperson of the Ethics and Disciplinary Committee, two members of the Ethics and Disciplinary Committee and one alternate. The quorum of the Ethics and Disciplinary Committee shall be three members.

(2.) The elected members of the Committee may not be close relatives of each other or of other Club managers (Civil Code. Eighth Book, § 8:1 [Interpretative provisions] (1) 1)).

12.§

(1.) The Ethics and Disciplinary Committee shall be responsible for conducting ethical and disciplinary proceedings against members.

(2.) Depending on the outcome of the investigation, the Ethics and Disciplinary Committee shall
in the first instance, take ethical and disciplinary decisions on its own initiative and impose
9.§ (1.) paragraph (a.) - (h.) of the disciplinary sanctions, and
5.§ (1.) (a.) - (c.) of the Code of Conduct.

13.§

(1.) In the event of a challenge of bias, the Executive Board shall decide on the question of bias after hearing the member of the Ethics and Disciplinary Committee concerned, against which no appeal shall lie. In the case of a finding of bias against a member of the Ethics and Disciplinary Committee, the other members of the Ethics and Disciplinary Committee who are not biased and the alternate member shall act.

(2.) If a bias is established in relation to more than one member of the Ethics and Disciplinary Committee, or if the quorum of the Ethics and Disciplinary Committee cannot be ensured for any other reason, the procedure in first instance shall be conducted by a committee of three members appointed by the Bureau from among its own members, in accordance with the rules governing the procedure of the Ethics and Disciplinary Committee.

14.§

The Chairman of the Ethics and Disciplinary Committee shall immediately inform the President of the Club and the forthcoming General Assembly of the disciplinary decisions taken by the Ethics and Disciplinary Committee.

Chapter V.
The disciplinary procedure

Rules for the procedure at first instance

15.§

(1.) Disciplinary proceedings may be initiated by any person.

(2.) Disciplinary proceedings shall be decided by the President of the Club, and in the case specified in Article 8 (e.), by the Chairman of the Supervisory Board.

Disciplinary proceedings against the Chairpersons of the Club, the Supervisory Board and the Ethics and Disciplinary Committee may be ordered by the General Assembly.

The order shall state the facts and circumstances which justify the suspicion that a disciplinary offence has been committed.

16.§

(1.) Before initiating disciplinary proceedings, it shall be examined whether the act in question is not time-barred.

   The statute of limitations has expired if:

(a.) two years have elapsed since the disciplinary offence was committed, or

(b.)              a fegyelmi vétség elkövetéséről a fegyelmi jogkör gyakorlójának több mint hat hónapja tudomása van.

(2.) In the case of a continuous act, the limitation period shall begin to run when the act is completed. Where criminal, civil or misdemeanour proceedings have been instituted in respect of a matter which is the subject of disciplinary proceedings, the limitation period shall begin to run on the date on which the proceedings are finally terminated.

17.§

(1.) The Ethics and Disciplinary Committee shall, within fifteen days of the order, in writing
- must notify the person concerned of the initiation of disciplinary proceedings, stating the reasons, and set a hearing. Receipt of such notification must be at least 8 days before the date of the hearing.

(2.) The person to be tried and, if necessary, those who have direct knowledge of the disciplinary offence shall be invited to the hearing. Other evidence (documents, minutes, etc.) relating to the offence and which may be available shall also be obtained.

18.§

(1.) At the hearing of the disciplinary case, the person subject to the disciplinary proceedings shall be informed of the facts and circumstances on which the disciplinary proceedings are based and shall be given the opportunity to present his/her observations and defence orally or in writing.

(2.) The Ethics and Disciplinary Committee shall allow the person subject to the proceedings to be present throughout the hearing, except during closed deliberations prior to the decision, to put questions to witnesses, to comment on witness statements and other evidence with the permission of the Chairman of the Ethics and Disciplinary Committee.

(3.) If a person subject to proceedings submits witnesses in his defence, stating his name and address, the persons named as witnesses shall be examined by the Ethics and Disciplinary Committee
- if necessary, by adjourning the hearing, if this is necessary to establish the true facts of the case.

(4.) In exceptional and duly justified cases, evidence may be taken on the spot by the chairman of the Ethics and Disciplinary Committee or by a member of the Committee delegated by him.
The person subject to the procedure must also be notified of the place and time of the procedure at least 8 days in advance.

 

19.§

(1.) The disciplinary proceedings and the decision shall not be impeded if the person subject to the proceedings fails to appear at the hearing or the on-the-spot verification despite the prior notice duly given within the time limit set out above and does not excuse his absence on the grounds of reasonable excuse.

 

 

(2.) A record shall be kept of all hearings and the taking of evidence held during the proceedings, in which

- the name of the disciplinary body, the place and time of the hearing, the names of the persons present and the subject of the proceedings,

- include the oral submissions and statements of the person against whom the proceedings are brought, witness statements and other relevant statements made at the hearing or during the taking of evidence.

(3) The statements of the witnesses and the statements of the person against whom the proceedings are brought shall be signed by them. In the case of statements or statements covering several pages of the record, all pages shall be signed.

If they refuse to sign, this fact and the reason for it must be recorded in the minutes.

(4.) The minutes shall be signed by the members of the Ethics and Disciplinary Committee present and by the person subject to the proceedings. If the person subject to the proceedings refuses to sign, this fact and the reasons for it shall be recorded in the minutes.

 

20.§

(1.) Disciplinary proceedings at first instance shall be completed within 90 days of the date of the order. This time limit may be extended by 30 days by the disciplinary body in extremely duly justified cases.

Disciplinary proceedings shall be suspended if the decision on the matter which is the subject of the proceedings depends on a final decision on a preliminary question on which the proceedings fall within the jurisdiction of the criminal, civil or administrative authorities. The period of suspension shall end on the date on which the disciplinary body becomes aware of the final decision. The period of suspension shall not be counted in the duration of the proceedings.

 

(2.) The disciplinary body shall take a decision after investigating the case.

(3.) Disciplinary decisions shall be taken by a majority vote of the members of the disciplinary body.

21.§

(1.) If, as a result of disciplinary proceedings, the offence of insubordination is not proved, the proceedings shall be

„bizonyítékok hiányában”,

if the person under investigation has not committed any disciplinary offence,

„fegyelmi vétség hiányában”

should be abolished.

The person subjected to the procedure shall be notified of this by written decision.

(2.) If in the course of the proceedings it is clearly proven that the disciplinary offence was committed by the person subject to the proceedings, the disciplinary body acting in the case shall issue a decision imposing one of the penalties specified in Article 9 on the offender.

22.§

The decision shall be in writing within 15 days of the end of the disciplinary proceedings and shall be drawn up in sufficient number of copies for the person subject to the proceedings and the Management Board. The written decision shall be signed by the chairman of the Ethics and Disciplinary Committee, who shall at the same time ensure that it is delivered.

 

 

 

23.§

The disciplinary decision consists of an introductory part, a decision and a statement of reasons:

(a.) in the introductory part:

  • the names of the members of the disciplinary body,
  • the date of the decision,
  • details of the person subject to the procedure.

(b.) in the operative part:

  • the disciplinary offence found to have been committed,
  • the disciplinary sanction imposed, referring to the specific points of the Code of Ethics and Discipline,
  • a reference to the possibility of legal remedy (appeal).

(c.) in the explanatory memorandum:

  • the facts and circumstances clearly established, a brief description of the act committed,
  • the measures of inquiry proposed by the person subject to proceedings but not taken by the disciplinary body,
  • the aggravating and mitigating circumstances.

24.§

(1.) The written disciplinary decision shall be sent to the person subject to the proceedings and to the Management Board.

(2.) The final disciplinary decision shall be presented in full to the Executive Committee (by any member) at the next General Meeting of the Club.

25.§

Rules of the appeal procedure

(1.) The person subjected to the proceedings may appeal against the decision of the disciplinary body of first instance within 15 days of receipt of the decision, against an ethics decision to the Club Management, against a disciplinary decision to the General Assembly of the Club. If the ethics decision was taken by the Management Committee acting in the first instance pursuant to Article 13(2), the appeal against the decision shall be heard by the General Assembly. 

(2.) Appeals must be submitted in writing to the ethics and disciplinary body of first instance.

(3.) The disciplinary body that has been tried at first instance shall submit the appeal, together with all documents and evidence, to the body competent to decide the case at second instance within 15 days of receipt.

 

 

 

26. §

(1.) If the disciplinary body at first instance finds that the appeal is out of time, it shall state this in a report and dismiss the appeal. The decision to dismiss shall also be subject to appeal, which shall be considered by the General Assembly.

(2.) If the appellant proves his/her failure to act at the same time as the late appeal, the disciplinary body of first instance shall submit the appeal, the request for proof and the complete file of the proceedings to the General Assembly for a decision within 15 days.

In this case, the Assembly shall first decide on the request for certification.

27.§

(1.) The General Assembly shall hold a hearing and take a decision on the merits of the case within 60 days of receipt of the documents (or, in the case of a request for certification, of their acceptance).

(2.) Disciplinary matters shall be discussed as a separate item on the agenda of the General Assembly.

(3.)           A fellebbezésnek a fegyelmi büntetés végrehajtására halasztó hatálya van.

28.§

(1.)           A Közgyűlésre az eljárás alá vont tagot fellebbezése tárgyalására vonatkozó figyelemfelhívással kell meghívni. A tag a Közgyűlésen a védekezését előterjesztheti, illetve hozzá a tagok kérdéseket intézhetnek.

A szabályszerűen meghívott eljárás alá vont személy távolléte nem akadálya annak, hogy ügyében a Közgyűlés döntsön.

(2.)           A Közgyűlésen további bizonyítás-kiegészítés is foganatosítható.

29.§

(1.) If the General Assembly finds the appeal to be well-founded, it shall annul the decision of the first instance.

(2.) If the General Assembly finds the appeal to be unfounded, it shall dismiss it, while maintaining the decision of the first instance.

(3.) In the event of a significant breach of the rules during the first instance proceedings, and if further extensive evidence or a repetition of the proceedings appears necessary, the General Assembly may annul the first instance decision and instruct the disciplinary body that acted at first instance to conduct new proceedings. The decision to annul shall contain a description of the decision of the first instance, the reasons for the annulment and instructions for a new procedure. The appeal shall have suspensory effect for the enforcement of the decision.

(4.) The disciplinary proceedings and decisions of the second instance shall be governed by the rules applicable to the proceedings of the first instance.

30.§

(1.) The decision of the General Assembly is recorded in the minutes. One copy of the minutes shall be sent to the person subject to the proceedings by special registered letter.

(2.) The Executive Board shall inform the Club about final decisions through the Club's information channels.

Chapter VI.

Miscellaneous provisions

31.§

Correction of the ethics and disciplinary decision

The Ethics and Disciplinary Body may correct a decision ex officio at any time in the event of an incorrect name, a miscalculation or a similar obvious clerical error.

32.§

(1.) The decision of the court of second instance is final and there is no further appeal against it, but the interested party may challenge the decision before the court.

(2.) A challenge to the decision in court shall not prevent the enforcement of the decision, but the court may suspend enforcement in justified cases.

Closing clause:

The present Code of Ethics and Discipline, consolidated with amendments, was discussed and approved by the General Assembly of the Club held on 19 March 2016.