The Coordination Center for TLD RU

 

Terms and Conditions of the
Commission for Resolution of Accreditation Disputes

 

Index of the document

Version 
09.12.2010

Approved by decision
№2010–20/112

Effective date
11.01.11

Status of document
mandatory

Cancelled (modified) by decision

Expiry date

 

  1. 1. General provisions
    1.1. Terms and Conditions of the Commission for Resolution of Accreditation Disputes shall determine the procedure for the formation and operation of the expert body (hereinafter referred to as the Commission) established under ANO the Coordination Center for ccTLD .RU (hereinafter referred to as the Coordinator).
    1.2. The Commission may consider issues related to the supervision by the Coordinator over Registrar's compliance with the requirements for the accredited organization, including:
    1.2.1 issues of termination of the accreditation on the following grounds: 
    – failure by the Registrar to eliminate violations revealed by the Coordinator in the course of inspection within the timelines indicated in the notification of suspension of the accreditation due to revealed violations;
    – multiple (more than twice within one year of the accreditation) suspension of Registrar’s accreditation;
    – exposure of false information, significant distortions and inaccuracies in the documents on which the decision was made on the accreditation and which could affect the decision of the Coordinator;
    – upon suspension of Registrar’s accreditation in the event the Registrar’s activity poses a threat to the stability, security and resilience of registries, system of registration and domain names system.
    1.2.2 Review of Registrar’s claims regarding the Coordinator’s sanctions resulting from examination of compliance of Registrar’s activities regarding provision of services of registration of second-level domain names in top-level domains with the terms and conditions of the accreditation.
    1.3. The Commission members shall not receive any remuneration for exercise of their duties except reimbursement of costs directly related to their participation in the Commission. Compensation shall be payable by the Coordinator on the basis of documents evidencing the costs incurred. 
    1.4. Terms and definitions used hereof:
    The Board – the supreme management body of the Coordinator.
    Registrars Committee – an advisory body established under the Coordinator to ensure Registrars’ participation in development of matters related to the construction of domain names registration system in top-level domains administrated by the Coordinator.
    Registrar – a legal entity accredited by the Coordinator for provision of services of registration of second-level domain names in top-level domains administrated by the Coordinator.
  2. Procedure of the formation of the Commission
    2.1. The Commission on Commission for Resolution of Accreditation Disputes shall be formed annually within 30 (thirty) calendar days from the date of commencement of the calendar year. The Director of the Coordinator shall be responsible for the formation of the Commission.
    2.2. The Commission shall consist of 6 (six) members.  
    2.3. The Coordinator and the Registrars Committee shall nominate 3 (three) independent experts from each side. 
    2.4. For the formation of the Commission the Chairman of the Registrars Committee shall no later than on the 20 (twentieth) January of the corresponding calendar year submit to the Director of the Coordinator a list of nominees to the Commission as well as confirmations in writing from the nominees of their consent to work in the Commission. 
    2.5. The Commission may not comprise:
    – employees of the Coordinator;
    – employees of  legal entities affiliated with the Coordinator;
    – other persons affiliated with the Coordinator;
    – employees of any Registrar;
    – employees of legal entities affiliated with any Registrar;
    – other affiliated with any Registrar persons.
    2.6. The formation of the Commission shall complete by the issuance of the executive order by the Director of the Coordinator which shall enumerate persons forming part of the Commission. The term of office of each member of the Commission shall be from 1 February of the year of the beginning of his/her term of office through 31 January of the year following the year of the beginning of his/her term of office.
    2.7. The Chairman shall administer the Commission’s operations. The Chairman of the Commission shall be elected from its members by vote (majority vote of all members) at the first meeting of the Commission in the respective calendar year. 
    2.8. The Chairman of the Commission:
    – shall organize the work of the Commission and shall preside over its meetings;
    – shall call meetings of the Commission;
    – shall draft agenda of the meeting of the Commission;
    – shall determine the list of individuals invited to participate in the meeting of the Commission;
    – shall organize taking of minutes and shall sign them.
    2.9. In the event of absence of the Chairman of the Commission, his duties shall be exercised by a person elected from the present members of the Commission by a majority vote of the overall number of the members of the Commission present at the meeting.
    2.10. The Secretary of the Commission shall ensure the work of the Commission. The Secretary shall be appointed by the Director of the Coordinator from its employees. The Secretary may not be a member of the Commission and may not vote.
    2.11. The Secretary of the Commission: 
    – shall ensure preparation and mailing of materials required for the meeting of the Commission;
    – shall participate in the organization of proper notification of the members of the Commission of the upcoming meeting;
    – shall participate in preparation and holding of the meeting of the Commission within his/her competence;
    – shall take minutes of the Commission and shall ensure audio recording of the meeting of the Commission;
    – shall organize dispatching of draft minutes of the meetings of the Commission and shall coordinate the draft text of the minutes with the members of the Commission;
    – shall organize signing of the minutes by the Chairman of the Commission.
    2.12. In the event powers of any of the Commission members are terminated early (due to any reason), the Commission shall co-opt a new member. In this respect:
    2.12.1. In the event powers of a member of the Commission nominated by the Chairman of the Registrars’ Committee terminate in compliance with item 2.4 hereof, the Chairman of the Registrars’ Committee shall be obligated to notify in writing within 7 (seven) working days of a new nominee to the Commission as well as to submit a written consent from such a nominee to work in the Commission. 
    2.12.2. In the event powers of a Commission member nominated by the Coordinator terminate, the Director of the Coordinator shall be obligated to notify within 7 (seven) working days the Chairman of the Registrars’ Committee and the Commission of the nomination of a new member to the Commission. 
    2.12.3. The formation of the Commission shall be complete with the issuance of the  executive order by the Director of the Coordinator. The term of office of the member of the Commission appointed in compliance with items 2.12.1, 2.12.2 shall be calculated from the date of the issuance of the executive order by the Director of the Coordinator through the date of termination of the term of office of the person whom he/she replaced.
  3. Procedure for calling the meeting of the Commission
    3.1. Meetings of the Commission shall be held as and when needed within 20 (twenty) working days from the date of receipt by the Chairman of the Commission of notification from the Director of the Coordinator (item 3.2.1 hereof) or receipt of a written claim from a Registrar (item 3.2.2 hereof). 
    3.2. The need for a meeting of the Commission shall be determined: 
    3.2.1. By the Director of the Coordinator, in the event there are grounds for termination of the Registrar's accreditation as per item 1.2.1 hereof of which he shall notify the Chairman of the Commission according to the procedure specified in article 7 hereof. 
    3.2.2. By the Chairman of the Commission, in the event of receipt of a written claim from a Registrar regarding sanctions imposed by the Coordinator on the Registrar as a result of the inspection. 
    3.3. The Chairman of the Commission shall notify the members of the Commission on the meeting no less than in 10 (ten) working days prior to the date of the meeting according to the procedure provided for by article 7 hereof. Notification of the meeting must include:
    – proposal into the agenda of the meeting;
    – background materials on the agenda of the meeting; 
    – the date and place of the meeting. 
    3.4. The Commission’s meetings may be held solely in person. Members of the Commission may not transfer their powers and the right to vote to third parties, or to other members of the Commission. 
    3.5. The Chairman of the Commission shall notify the Coordinator and the Registrar in respect of whom termination of the accreditation is considered or whose claims regarding sanctions imposed by the Coordinator will be the subject of discussion at the meeting and shall invite this Registrar to participate in the meeting and make a presentation. Notification shall be forwarded to the Coordinator and the Registrar no less than in 10 (ten) calendar days prior to the date of the Commission’s meeting according to procedure provided for by article 7 hereof.
  4. Procedure for holding the meeting of the Commission
    4.1. The Commission Chairman shall open and preside over the meetings or, in the event of his/her absence, this should be executed by a member of the Commission elected from the members present at the meeting according to the procedure provided for in item 2.9 hereof. 
    4.2. The meeting of the Commission is quorate where no less than 4 (four) members of the Commission are present. Quorum is determined by the Commission Chairman or in the event of his/her absence, by a person presiding over the meeting.
    4.3. The Commission’s meeting may be attended by representatives of the Coordinator who made the inspection of the Registrar’s activity, as well as authorized representatives of the Registrar in respect of whom termination of accreditation is considered or whose claim regarding sanctions imposed by the Coordinator shall be subject of discussion by the Commission.   
    4.4. The Commission’s meeting shall be held according to the agenda specified in the notification of the meeting. 
    4.5. The agenda shall be addressed by:
    – The Commission Chairman; 
    – Representatives of the Coordinator who made inspection of the Registrar’s activity;
    – Authorized representatives of the Registrar (on their request).
    4.6. During the meeting, the members of the Commission may get additional comments both from the representatives of the Coordinator who have made an inspection and from the authorized representatives of the Registrar who have undergone the inspection.
    4.7. The members of the Commission may proceed to discussion when the materials on the respective item of the agenda have been read and statements by the representatives of the Coordinator who make the inspection of the Registrar’s activity and by the authorized representatives of the Registrar have been made. Representatives of the Coordinator who made the inspection and representatives of the Registrar may not participate in the discussion. 
  5. Procedure for the decision making of the Commission
    5.1. All decisions of the Commission shall be made by an open vote by its members. 
    5.2. The decision of the Commission shall be considered passed when the majority of the members of the Commission present at the meeting voted for it. In the event the vote of the members of the Commission present at the meeting has split and the adoption of a decision by the majority vote is impossible, the minutes shall specify that the Commission has failed to arrive at a unanimous verdict on the issue (issues) of the agenda of the meeting. At the same time the minutes shall include all draft decisions on this issue, results of the voting on them, as well as a minority opinion (if any).
    5.3. Decisions of the Commission shall be mandatory for the Coordinator and the Registrar in respect of whom it has been made. 
    5.4. On the basis of the decision of the Commission the Coordinator shall: 
    5.4.1 Terminate accreditation of the Registrar in compliance with the Procedure of termination of the accreditation; 
    5.4.2 Lift sanctions imposed on the Registrar in compliance with the Procedure of making inspections.
    5.5. In the event the Coordinator  is in disagreement with the decision of the Commission, it may take this issue for the consideration by the Board by dispatching the materials and the respective decision of the Commission to the Board’s Chairman in no less than 5 (five) calendar days from the date of decision making by the Commission. 
    5.6. In the event the Registrar is in disagreement with the decision of the Commission, it may turn to the Board by dispatching materials and the respective decision of the Commission tto he Board’s Chairman in no less than 5 (five) calendar days from the date  the Commission rendered the decision. The materials for the Board’s Chairman shall be dispatched at the postal address of the Coordinator specified in the section “Addresses And Banking Particulars of the Parties” of the Accreditation Agreement concluded by the Registrar and the Coordinator with a simultaneous dispatch of a copy of such notification by fax and by electronic mail indicated in the section “Addresses and Banking Particulars of the Parties” of the Accreditation Agreement.  
  6. Procedure for registration of the decisions of the Commission
    6.1. Results of the voting and decisions of the Commission shall be registered in the form of minutes. The minutes shall specify:
    – the date and place of the meeting of the Commission;
    – the list of members of the Commission who were present at the meeting as well as invited persons;
    – information on the quorum of the meeting of the Commission;
    – agenda of the meeting of the Commission;
    – the list of persons whose presentations on the items of the agenda were heard;
    – issues put to the voting and the results of the voting;
    – decisions made.
    6.2. The minutes must be prepared within 3 (three) working days from the date of the meeting. 
    6.3. The minutes shall be signed by the Commission Chairman and in the event of his/her absence – by the person who presided over the meeting. 
    6.4. Within 1 (one) working day from the date of signing the minutes by the Chairman of the Commission or by the person presiding over the meeting, the electronic version of the minutes shall be dispatched to the members of the Commission, the Director of the Coordinator (via mailing list) as well as to the Registrar in respect of whom termination of the accreditation or whose claim regarding sanctions imposed by the Coordinator were the subject of discussion at the meeting (at the electronic mail address of the Registrar indicated in the section “Addresses and Banking Particulars of the Parties” of the Accreditation Agreement). 
    6.5. The minutes of the meeting of the Commission shall be kept at the actual residence of the Coordinator. The minutes of the meetings of the Commission shall be made available for examination for any member of the Commission, Board members, the Director of the Coordinator, the Registrar whose rights are affected by the minutes and other entities specified by the effective law of the Russian Federation.
    6.6. A copy of the minutes certified by the Chairman of the Commission may be submitted on request of any person indicated in item 6.5 hereof within 3 (three) working days from the date of receipt of such a request.
  7. Other terms and conditions
    7.1. The Commission shall have a mailing list. The electronic address of the mailing list is __________@cctld.ru/
    7.2. Members of the Commission, the Secretary of the Commission, the Director of the Coordinator, deputy directors of the Coordinator, as well as other persons included in the list by the decision of the Director of the Coordinator, shall be on the mailing list.
    7.3. The mailing list shall be used for:
    7.3.1. Notification of the Commission Chairman on the necessity to hold a meeting;
    7.3.2. Mailing of all notifications provided for hereof to the members of the Commission;
    7.3.3. Mailing of materials regarding agenda items of the meeting of the Commission to its members;
    7.3.4. Mailing of electronic copies of the minutes of the meeting of the Commission to its members and to the Director of the Coordinator;
    7.3.5. Mailing of electronic copies of the decisions of the Coordinator regarding the Registrar to the members of the Commission.
    7.4. All messages, notifications and other materials mailed via the mailing list of the Commission shall be construed confidential and may not be passed on to third parties without the written approval of the Commission Chairman, Director of the Coordinator and the author of the message. 
    7.5. Notification of the Registrar about the meeting of the Commission which shall consider the issue of termination of the accreditation or claims of the Registrar shall be done by post at the address indicated concluded by the Registrar and the Coordinator with a simultaneous dispatch of this notification by fax and by electronic mail indicated in the section “Addresses and Banking Particulars of the Parties” of the Accreditation Agreement.
    7.6. Claim of the Registrar regarding sanctions imposed by the Coordinator following results of the inspection must be executed in writing and submitted to the Commission Chairman at the address of the Coordinator indicated in the Accreditation Agreement. 
    7.7. The present Terms and Conditions shall be approved by the Board. The approval shall be made by the majority vote of the Board members present at the meeting. 
    7.8. Changes and amendments to the present Terms and Conditions must be coordinated in advance in compliance with the procedure provided for hereof with respect to the drafting and coordination of the documents. 
    7.9. Changes and amendments to the Terms and Conditions shall be made on the basis of the decision of the Board passed by the majority vote of the Board members present at the meeting. 
    7.10. The Coordinator shall be obligated to notify the Registrars of introduction of changes and amendments to the Terms and Conditions in no less than 30 (thirty) calendar days prior to the date of the changes coming into effect.