Consolidated text of the Articles of Association
Decision of the President of PAN No. 55/2023
Statute
auxiliary scientific unit called Polish Academy of Sciences Botanical Garden -Center The Biodiversity Conservation Committee in Powsin
§1
The Polish Academy of Sciences Botanical Garden - Center for the Preservation of Biological Diversity in Powsin, hereinafter referred to as the "Botanical Garden", has the status of an auxiliary scientific unit of the Polish Academy of Sciences.
§2
The Botanical Garden operates on the basis of:
1) the Act of April 30, 2010 on the Polish Academy of Sciences (Journal of Laws of 2017, item 1869, as amended), hereinafter referred to as the "Act on the Polish Academy of Sciences";
2) Statutes of the Polish Academy of Sciences adopted by Resolution No. 8/2010 of the General Assembly of the Polish Academy of Sciences of November 24, 2010, approved by the Prime Minister;
3) Decision No. 51/74 of the Presidium of the Government, dated May 3, 1974, on ensuring the conditions for the operation and development of the Botanical Garden of the Polish Academy of Sciences;
4) Resolution No. 12/95 of the Presidium of the Polish Academy of Sciences of December 4, 1995 on the establishment of the Botanical Garden of the Polish Academy of Sciences;
5) of this statute;
6) the Law of April 16, 2004 on Nature Protection (Journal of Laws 2021, item 1098, as amended).
§3
(1) The seat of the Botanical Garden is Warsaw. The area of operation of the Botanical Garden is the Republic of Poland.
(2) The Botanical Garden may also have its organizational units in other localities throughout the country.
(3) In accordance with Article 3 of the Labor Code, the Botanical Garden is the employer for those employed therein.
4 The Botanical Garden has no legal personality.
§4
(1) The activities of the Botanical Garden are supervised by the President of the Academy.
(2) The day-to-day financial and property supervision of the activities of the Botanical Garden shall be carried out by the Chancellor of the Academy acting under the authority of the President of the Academy.
§5
(1) In the area of activity of the Botanical Garden is to conduct scientific research in the field of experimental and applied botany, biotechnology and genetics of plants, applied ecology, broadly understood nature conservation and biodiversity, environmental protection and popularization of natural knowledge.
(2) The tasks of the Botanical Garden include, in particular:
1)Establishing and maintaining plant collections and maintaining and developing a seed bank;
2)Conducting scientific research on the biological basis of biodiversity conservation at the genetic, population, species and ecosystem levels, as well as environmental protection and ethnobotany,in particular:
(a) conservation botany;
(b) ecology of the plant cover (flora and vegetation);
(c) protection and preservation of biodiversity;
(d) evolutionary biosystematics and taxonomy and plant variability;
(e) methods of cultivation of plants in maintained collections, among other things, for use in crop production, environmental protection, making them available to visitors and assessing their use value;
(f) development and application of genetic and biotechnological techniques and methods in the conservation of plant diversity;
(g) biology and ecology of woody plants with particular emphasis on anatomy and dendrochronology;
(h) Population biology with a focus on genetic processes shaping diversity at the intra-species level;
(i) agrobiology and agroecology;
(j) research on natural and cultural adaptation systems;
(k) studies of the effects of environmental pollution on plants and the role of plants in reducing the harmful effects of these substances;
(l) the use of plants as indicators of environmental pollution;
(m) Ethnobiological research;
3) training of researchers and specialists with special qualifications in botany, genetics, biotechnology, ecology and horticulture;
4) conducting teaching activities for university students and educational activities for elementary and secondary school students in botany, plant genetics and biotechnology, horticulture, ethnobiology, and ecology and environmental protection;
5) dissemination of knowledge in the field of natural, agricultural and forestry sciences, in particular, issues relating to the use of plants by humans and the problems of threat and protection of nature and the environment and the environment;
6) transferring the results of scientific work for practical use;
7) conducting publishing activities;
8) making the Botanical Garden's arranged plant collections, displays and exhibitions available to the public for popularization and education, as well as recreational and cultural purposes;
9) conducting activities within the scope provided for by the regulations on financial management of scientific institutions and performing other tasks ordered by the Polish Academy of Sciences;
10) organizational and technical protection of the implementation of the statutory tasks of the Garden.
§6
The tasks listed in §5 are carried out by the Botanical Garden through:
1) implementation of conservation projects related to the active protection of biodiversity;
2) conducting scientific research;
3) publication of the results of research work;
4) conducting various forms of training within the scope of its authority;
5) to protect its own original scientific and technological solutions at home and abroad;
6) cooperation with domestic and foreign scientific institutions, botanical gardens, botanical garden organizations and other organizations;
7) developing expert opinions and providing opinions on the scientific problems of the institution;
8) organizing scientific meetings (conferences, conventions, scientific symposia, etc.);
9) Interaction with institutions for the dissemination of knowledge;
10) organizing research expeditions;
11) organization of service of library and documentation and information needs in the scope of its activities;
12) organizing plant expositions and exhibitions of popularization and education;
13) creating conditions for organized and individual visits to the Botanical Garden's collections, expositions and exhibitions, and organizing other accompanying events for visitors, especially those of a cultural and recreational nature;
14) to undertake activities in the production, promotion and sale of plants and animals for horticulture and conservation and economic activities, as well as services in the care and cultivation of plants and the arrangement of gardens and green spaces, as well as the protection of the natural environment (flora and fauna);
15) Undertake paid activities and business activities that support the implementation of statutory tasks, in particular:
(a) education;
(b) recreational and sports activities;
(c) making the Botanical Garden accessible to visitors;
(d) rental of seminar rooms and guest rooms;
(e) rental of vacant warehouse space;
(f) catering to the needs of visitors to the Botanical Garden and visitors;
(g) rental of space in the Botanical Garden for activities: retail, catering, advertising;
(h) making the Botanical Garden area available for the organization of fairs;
(i) making the Botanical Garden's open-air locations available for film production (including advertising), for the organization of photo shoots, the organization of concerts, exhibitions and corporate events;
(j) production and sale of agricultural products.
16) Business activities may constitute only incidental activities of the Botanical Garden. The income from these activities shall be used exclusively for the realization of statutory purposes.
§7
(1) The activities of the Botanical Garden are managed by the Director acting for and on behalf of the Polish Academy of Sciences on the basis of a personal power of attorney granted by authorized persons in accordance with the Act on the Polish Academy of Sciences.
(2) The Director of the Botanical Garden shall be elected in accordance with the procedure set forth in the regulations governing the appointment of directors of auxiliary scientific units issued pursuant to Article 68(6) of the Law on the Academy of Sciences.
(3) The Director of the Botanical Garden shall appoint and dismiss deputies. Submission of statements of intent by the deputy director requires a written personal power of attorney granted by authorized persons in accordance with the PAS Act.
(4) The procedure for the appointment of candidates for deputy director for scientific affairs shall be determined by the director after consultation with the Scientific Council.
§8
(1) The director's responsibilities include, in particular:
1) Directing the overall work of the Botanical Garden;
2) to manage the real estate entrusted to the Botanical Garden pursuant to Article 43(3) of the PAN Law, in accordance with the principles of expediency, economy and thrift, and in accordance with the requirements of rational economy, as referred to in Article 72(1) of the PAN Law;
3) Coordinate the day-to-day activities of the Botanical Garden;
4) supervision of financial management to ensure its expediency and economy;
5) supervise the preparation of annual draft scientific plans and annual reports on the activities of the Botanical Garden;
6) Coordinate the development of plans for the scientific and economic development of the Botanical Garden;
7) to submit to the Scientific Council for its opinion projects and proposals on matters within its scope of activity and reports on the activities of the Botanical Garden;
8) preparing and approving the necessary internal regulations related to the operation of the Botanical Garden;
9) Conducting personnel policies and performing labor law activities;
10) Appointment of a disciplinary ombudsman;
11) to supervise activities in the field of arranging and maintaining plant collections and exhibitions and natural history exhibitions, as well as making them available to the public;
12) Organizing activities of a promotional and informational nature of the Botanical Garden, including the preparation of publications popularizing the activities of the Botanical Garden;
13) Supervise the educational activities of the Botanical Garden for school students and organize apprenticeships and other training courses at the Botanical Garden, especially in the fields of horticulture and environmental protection;
14) organizing horticultural training and consulting.
(2) The tasks of the deputy directors include, in particular:
1) Deputy for Scientific Affairs:
a) directing the scientific and research activities of the Botanical Garden and preparing plans and reports on these activities;
b) ensuring the appropriate level of scientific research and its planned implementation;
c) organizing the publication and publishing activities of the Botanical Garden in the field of scientific works;
(d) initiating and organizing scientific cooperation with domestic and foreign scientific institutions;
(e) supervision of activities in the field of training and development of scientific personnel and conducting teaching activities for university students;
f) determining the manner and procedure for holding competitions for individual scientific positions;
(g) coordinating the posting of employees for domestic and foreign trips;
h) organizing and conducting scientific and popular science seminars;
(i) evaluation of scientific activities.
2) Deputy for administrative and technical matters
a) directing the administrative and technical activities of the Botanical Garden;
b) organizing design and investment activities of the Botanical Garden and supervising the implementation of investments;
c) supervision of property management and real estate of the Botanical Garden;
d) overseeing the operation, protection and maintenance of green areas, equipment, installations and buildings, as well as the protection of the grounds and facilities of the Botanical Garden;
e) organizing activities of a general technical nature of the Botanical Garden, together with the preparation of plans and reports on these activities;
(f) determining the manner and procedure for holding competitions for individual administrative and technical positions;
3) Deputy for economic affairs and development:
a) managing the financial activities of the Botanical Garden;
b) supervision of the business activities of the Botanical Garden;
(c) determining the manner and procedure for holding competitions for individual positions in the finance and accounting department and the human resources department;
(d) supervision of the production and sale of plants and animals and the performance of horticultural and agricultural services;
e) preparation and implementation of the Botanical Garden's financial strategy;
(f) supervision of the preparation of financial statements and reports;
(g) supervise the preparation of the annual budget and multi-year plans and control their implementation;
(h) responsibility for the operation of internal control;
(i) optimizing the cost structure and level of current assets, evaluating investment projects;
(j) responsibility for liquidity;
(k) Contacts and cooperation with the auditor, banks, insurance companies, investors and tax authorities;
l) supervision of the work of the financial and accounting and human resources departments;
m) development and implementation of the Botanical Garden's development strategy;
n) tracking trends in the development of botanical gardens at home and abroad, analyzing opportunities and threats to the development of the Botanical Garden;
o) Coordinate activities related to obtaining sources of financing for investment and non-investment projects from domestic and foreign funds;
p) management of quality assurance systems, coordination of processes related to obtaining quality certificates in the areas of activity of the Botanical Garden;
(q) Design, implementation and development of a process efficiency analysis system;
(r) ensuring the flow of technical knowledge within the organization.
§9
(1) Disciplinary cases of scientific or research and technical employees shall be adjudicated in the first instance - the disciplinary committee of the Botanical Garden consisting of three members.
(2) The detailed procedure for the selection of members of the commission referred to in paragraph (1) shall be determined by the meeting of scientific and research and technical staff on the proposal of the director of the Botanical Garden.
(3) Members of the commission shall be elected by secret ballot by the scientific and research and technical staff of the Botanical Garden with the participation of at least half of the eligible persons.
(4) In the event of a tie, a supplementary vote shall be held.
(5) The committee is composed of the persons who received the highest number of votes.
6. the Director of the Botanical Garden shall announce the composition of the commission.
§10
(1) The Botanical Garden has a Scientific Council.
(2) The Scientific Council of the Botanical Garden shall have no more than 25 members.
3 The Scientific Council shall consist of:
1) scientific employees with an academic degree or doctoral degree employed at the Botanical Garden as their first place of work;
2) members of the Polish Academy of Sciences designated to participate in the work of the Scientific Council of the Botanical Garden by Faculty II of Biological and Agricultural Sciences, in the number determined by this Faculty;
3) persons with academic degrees, postdoctoral or doctoral degrees not employed by the Botanical Garden or outstanding specialists in various fields, selected by the persons listed in items. 1 and 2, in a number not exceeding 14;
4) elected representatives of full-time assistants and assistant professors employed at the Botanical Garden, 3 in number;
5) the director of the Botanical Garden and his deputy for scientific affairs.
(4) No less than 30 percent of the Scientific Council, but no more than 14 members of the Scientific Council shall be persons from outside the Botanical Garden.
(5) Candidates for members of the Scientific Council of the Botanical Garden listed in § 10, paragraph 3, item 3 may be proposed by scientific employees employed at the Garden, holding a scientific title or a postdoctoral degree, and members of the Polish Academy of Sciences appointed to participate in the work of the Council by Faculty II of Biological and Agricultural Sciences.
(6) Candidates for members of the Scientific Council of the Botanical Garden listed in §10.3.4 may be proposed by all assistant professors and assistants employed at the Botanical Garden.
(7) Candidates for members of the Scientific Council of the Botanical Garden, referred to in §10.3.2, 3 and 4, should confirm in writing their willingness to participate in the work of the Scientific Council.
(8) Elections to the Scientific Council of the Botanical Garden shall be held by secret ballot and may be held both in person and by electronic communication.
(9) The Scientific Council of the Botanical Garden shall be composed of candidates in the order of votes received, until the limit of seats is exhausted, in accordance with §10.3.3 and §10.3.4.
(10) An election shall be considered valid if at least 2/3 of those eligible to vote participate.
(11) The election shall be conducted by an Election Commission appointed by the Director of the Botanical Garden.
12 The Election Committee shall submit to the Director of the Botanical Garden for approval the schedule and detailed procedure for the election of members of the Scientific Council.
13 The Scientific Council shall be appointed by the President of the Academy, after consultation with Division II of Biological and Agricultural Sciences of the Polish Academy of Sciences, for a period of 4 years.
14. meetings of the scientific councils may be held using electronic communications.
§11
(1) The scope of activities of the Scientific Council includes, in particular:
1) adopting programs: scientific activities, cooperation with foreign scientific institutions and publishing activities;
2) giving an opinion on the report on the activities of the Botanical Garden;
3) adoption of the draft statute of the Botanical Garden;
4) evaluating the activities of the scientific staff and other groups of employees of the Botanical Garden;
5) Issuing opinions on applications by the Director of the Botanical Garden for appointment to the position of professor and institute professor, in connection with Article 116 (1) (1) and (2) of the Law of July 20, 2018. Law on Higher Education and Science and Article 88(1)(1) and (2) of the Law on the Polish Academy of Sciences, and applications for the conclusion of an employment contract for the position of a scientific employee and head of an internal scientific organizational unit;
6) adoption of regulations defining the procedure and frequency of periodic evaluations of the performance of scientific employees of the Botanical Garden;
7) submission of candidates for scientific awards;
8) consideration of other matters arising from applicable regulations, decisions of the bodies of the Academy and brought to the Council's attention by a member of the Council, the Director of the Botanical Garden or the Dean of Faculty II of Biological and Agricultural Sciences.
§12
The rules and procedures of the Scientific Council of the Botanical Garden are determined by the rules of procedure adopted by it.
§13
(1) The Director may appoint the College of the Botanical Garden and problem teams or committees as advisory and consultative bodies.
(2) The scope of action and the mode of work of the bodies referred to in paragraph 1 shall be determined by the Director's decision on their appointment.
§14
The detailed organizational structure of the Botanical Garden is defined by the organizational chart attached to the statute.
§15
(1) The Botanical Garden shall conduct financial management on the basis of the task plan approved by the President of the Academy and the correlated financial plan. Until the plan is approved, the basis for financial management is the draft plan.
(2) The financial and accounting service of the Botanical Garden shall be carried out in accordance with the rules established by the President of the Academy.
3 The sources of the Botanical Garden's assets are:
(a) subject subsidy;
(b) income from business activities;
(c) income from the assets of the Botanical Garden;
(d) assignments and expertise;
(e) targeted grants from domestic and foreign institutions;
(f) grants from the state budget;
(g) donations, inheritances, bequests;
(h) court-ordered or court-adjudicated monetary benefits;
(i) other sources provided by law.
§16
The internal order, rights and obligations of the Botanical Garden as a workplace, as well as the rights and obligations of the Botanical Garden's employees are defined in the work regulations.
§17
The statute shall be amended in accordance with the procedure provided for its adoption.