Date of entry into
force:
April 19, 2012
(Abstract)
The Law determines the legal and organizational principles of exercising
the right to freedom of association, as guaranteed by the Constitution of
Ukraine and the international agreements of Ukraine ratified by the Verkhovna
Rada of Ukraine, and the procedure of creation, registration, work and
termination of civil associations.
According to Article 1 of the Law, a civil association is a voluntary
association of natural persons and/or privately owned legal entities to
exercise and protect the rights and freedoms, and satisfy community interests,
particularly economic, social, cultural, environmental and other ones. By its
organizational and legal form, a civil association is created as a civil
organization or a civil union. A civil organization is a civil association
whose founders and members (participants) are natural persons. A civil union is
a civil association whose founders are privately owned legal entities, while
its members can be privately owned legal entities as well as natural persons. A
civil association can function with or without a legal entity status. A civil
association with a legal entity status is non-business entity, whose main
objective is not generation of profit.
Article 2 of the Law envisages that the Law does not apply to social relations
in the sphere of creation, registration, operation and termination of:
·
political parties;
·
religious organizations;
·
non-business entities created according to acts of the
bodies of state power, other state bodies, bodies of power of the Autonomous
Republic of Crimea, and bodies of local self-government;
·
associations of bodies of local self-government and
their voluntary unions;
·
self-governing organizations and organizations
carrying out professional self-government;
·
non-business entities (that are not civil
associations) created on the basis of other laws.
Limitations on creation and work of civil associations are provided for by
Article 3 of the Law.
No one may be coerced to join any civil association. Membership or
non-membership in any civil association cannot constitute grounds to limit the
rights and freedom of the person, or to receive any privileges or advantages
from the bodies of state power, other state bodies, bodies of power of the
Autonomous Republic of Crimea, or bodies of local self-government. Any person
has the right to stop being a member (participant) of a civil association,
voluntarily, at any time, and according to the procedure established by its
charter. Except in cases determined by law, it is forbidden to require
information about a person's membership (participation) in a civil association,
unless such requirement is related to the person's exercising their rights as a
person entitled to represent the civil association, or as a member (participant)
of the civil association (Article 5 of the Law).
Article 7 of the Law envisages that founders of a civil organization can be
citizens of Ukraine, foreigners and stateless persons that are present in
Ukraine on legitimate grounds, are aged 18 or over, or 14 or over for youth and
children's civil associations. Founders of a civil union can be privately owned
legal entities, including civil associations with a legal entity status. Civil
unions cannot be founded by political parties, or legal entities that are in
the process of termination or in whose respect the decision to terminate has
been made. The minimum number of founders of a civil association is two
persons. Civil unions cannot be founded by several privately owned legal
entities where the sole founder is the same person. A privately owned legal
entity cannot be the founder of a civil union if its founder (owner of a
material share) is included in the list of persons related to terrorist
activity or in whose respect international sanctions have been applied. A civil
organization cannot be founded by a person declared legally incapable by court.
The procedure for creating a civil association is established by Article 9
of the Law.
The name of a civil association is determined by decision of the founding
meeting, during its creation. The name of a civil association consists of two
parts – the general and the personal name. The general name designates the
organizational and legal form of the civil association ("civil
organization", "civil union"). The name of a civil association
is stated in the official language. A civil association can also state its
personal name in a foreign language or a national minority language, in
addition to the official language (Article 10 of the Law).
According to Article 11 of the Law, the charter of a civil association must
contain the following information:
·
name of the civil association, and its short name, if
available;
·
its purpose (goal) and directions of work;
·
procedure for becoming a member (participant) of the
civil association, and the rights and obligations of its members
(participants);
·
authority of the head, the supreme managing body and
other managing bodies (hereinafter referred to as "managing bodies")
of the civil association, the procedure for their creation, change of their
member composition, and the term of authority, as well as the procedure for
determining the person authorized to represent the civil association, and for
their replacement (for civil associations without a legal entity status);
·
frequency of sessions and the decision-making
procedure for the managing bodies of the civil associations, including by means
of remote communication;
·
procedure for reporting of the managing bodies of the
civil association before its members (participants);
·
procedure for contesting the decisions, acts or
inaction of the managing bodies of the civil association, and the complaint
processing procedure;
·
sources of, and the procedure for using the funds and
other property of the civil association;
·
procedure for creation, operation and termination of
remote divisions of the civil association (in case of their being created by a
civil association intending to work with a legal entity status);
·
procedure for amending the charter;
·
procedure for making the decision to voluntarily
dissolve or reorganize the civil association, as well as decision on the use of
its funds and other property remaining after voluntary dissolution - for civil
associations intending to work with a legal entity status).
A civil association intending to work with a legal entity status is subject
to registration according to the procedure determined by the Law of Ukraine
"On State Registration of Legal Entities and Natural Persons - Entrepreneurs",
with regard to specifics established by the law (Article 12 of the Law).
According to article 13 of the Law, a civil association with a legal entity
status may have remote divisions created by decision of an appropriate managing
body of the civil association, according to the charter. Remote divisions of a
civil association are not legal entities. Information on the remote divisions
of a civil association is submitted to the authorized body in the issues of
registration at the location of the civil association.
A civil association intending to work without a legal entity status informs
the authorized body in the issues of registration about its creation within 60
days of such creation (Article 16 of the Law).
Article 18 of the Law is dedicated to insignia of civil associations.
A civil association registered according to the procedure established by
law can have the status of a national association, if it has remote divisions
in the majority of administrative territorial units, and if it confirms such
status according to the procedure established by the Law. Specialized laws may
determine other requirements for confirming the national status of some types
of civil associations. Confirming the national status of a civil association
and renouncing such status is voluntary. To confirm its national status, a
civil association submits an application according to the form established by
the Ministry of Justice of Ukraine to the authorized body in the issues of
registration (Article 19 of the Law).
The procedure for accreditation of a remote division of a foreign
non-governmental organization is established by Article 20 of the Law.
According to Article 21 of the Law, in order to achieve its purpose
(goals), a civil association has the right to:
·
freely circulate information about its work and
promote its purpose (goals);
·
according to the procedure established by law, address
bodies of state power, bodies of power of the Autonomous Republic of Crimea,
bodies of local self-government, and their civil servants and officials with
suggestions (comments), applications (petitions) or complaints;
·
according to the procedure established by law, receive
public information held by power entities and other administrators of public
information;
·
according to the procedure established by law, take
part in drafting of normative legal acts issued by bodies of state power,
bodies of power of the Autonomous Republic of Crimea, bodies of local
self-government that concern the sphere of work of the civil association and
other important issues of the state and social life;
·
hold peaceful meetings;
·
exercise other rights not forbidden by law.
A civil association with a legal entity status has the right to:
·
participate in civil law relations, acquire property
and non-property rights according to the legislation;
·
according to law, carry out business activity, either
directly, if it is provided for by the charter of the civil association, or
through legal entities (companies, enterprises) created according to the
procedure established by law, if such activity corresponds to the purpose
(goals) of the civil association and contributes to its fulfilment. Information
about the business activity carried out by a civil association is entered into
the Register of Civil Associations;
·
found mass media organizations in order to achieve its
declared purpose (goals);
·
take part in implementing the state regulatory policy
according to the Law of Ukraine "On the Principles of State Regulatory
Policy in the Sphere of Economic Activity";
·
according to the procedure established by the
legislation, take part in the work of consultative, advisory and other
auxiliary bodies created by bodies of state power, bodies of power of the
Autonomous Republic of Crimea or bodies of local self-government to hold
consultations with civil associations, and prepare recommendations on issues
related to the sphere of their work.
The principles of cooperation between civil associations and the bodies of
power, bodies of power of the Autonomous Republic of Crimea, or bodies of local
self-government are established by Article 22 of the Law.
Civil associations with a legal entity status are entitled to financial
support paid out from the State Budget of Ukraine and local budgets, according
to law. Civil associations receiving financial support from the State Budget of
Ukraine or local budgets must submit and make public reports on the appropriate
use of these funds, according to law. Civil associations with a legal entity
status and legal entities (companies, enterprises) created by them must
maintain accounting records, financial and statistic reporting, be registered
with the state tax service bodies, and make mandatory payments to the budget
according to the law. Any incentives, including tax exemptions, are provided to
civil associations and legal entities (companies, enterprises) created by them
on the basis of and according to the procedure established by law (Article 23
of the Law).
According to Article 24 of the Law, in order to fulfil its declared purpose
(goals), a civil association with a legal entity status has the right to own,
use and administer funds and other property that was, according to law,
transferred to the civil association by its members (participants) or by the
state, acquired in membership fees, donated by citizens, enterprises,
institutions or organizations, or acquired in the course of the association's
business activity or the business activity of legal entities (companies,
enterprises) created by it; as well as the property purchased at its own
expense, granted temporary use of (except for disposal), or gained by other
means not prohibited by law.
The property right of a civil association with a
legal entity status is exercised by its supreme managing body according to the
procedure established by law and the charter of the civil association. By
decision of the supreme managing body of the civil association, some functions
related to property management may be delegated to managing bodies created
according to the charter, legal entities (companies, enterprises) and their
remote divisions, or handed over to civil unions created by such civil
associations. In case of voluntary dissolution of a civil association and after
satisfaction of creditor claims, its property and funds are transferred to
another (several other) civil association(s) to be used for their declared or
charitable purpose, if decided so by the dissolved association; if no such
decision was made, such property and funds are transferred to the state or
local budget according to law. In case a civil association is reorganized, its
property, assets and liabilities are transferred to its successor.
The specifics of termination of civil associations are envisaged by Chapter
IV of the Law.
Article 25 of the Law establishes that a civil association is terminated:
·
by decision of the civil association made by the
supreme managing body of the civil association, by means of voluntary
dissolution or reorganization by joining another civil association with the
same status;
·
by court order forbidding the civil association
(or ordering its compulsory dissolution).
The final and transitional provisions of the Law provide for declaring
ineffective the Law of Ukraine "On Associations of Citizens".
The Law becomes effective on January 1, 2013.
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