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Publication date: 05.03.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
The issue of activities of public associations (organizations) in modern conditions is quite a relevant issue. In this article, we will consider the basics of understanding and registration of such organizational and legal form. In Ukraine, public associations (unions or organizations) can be formed. This legal issue clearly formulates the legislation of Ukraine in the sphere of public associations. Therefore, this written consultation will be devoted to the issue of the formation of a public organization, because lawyer's consultation lawyer's consultation who know such special legal issues can quite often be inadvertent. First of all, it is worth saying that under such a concept as a public association it is worth understanding the procedure of uniting legal or individuals on a voluntary basis of the rear proceedings of the protection of freedoms, human rights, including the satisfaction of social cultural, social, economic interests, etc.
Such public associations can be formed as a public union if formed by legal entities – founders. But members of the union have the right to be individuals and legal entities also), or as a public organization where the founders and participants have the right to be only individuals. Here it should be noted that such organizations can be formed both with the status of a legal entity and without such status. The status of a legal entity determines that such an organization is non-entrepreneurial and the purpose of its creation is considered not to receive profit. Although in accordance with applicable legislation this does not prohibit NGO to make profit. However, profit is possible only if it is aimed at achieving the goal of such an organization. Next, evaluation. legal analysis of the situation consider the basic rights of such NGO with the status of a legal entity.
The current legislation determines that such NGOs can:
act as a participant of civil legal relations;
be the acquirer of non-property and property rights;
carry out activities in the field of entrepreneurship, if such activity is provided in the charter of the NGO, but in case such activity meets the requirements of the organization’s purpose;
to create media in order to carry out your own goal;
to be able to carry out activities in the field of state regulatory policy;
to participate in advisory or advisory bodies under the CSO or OMS.
The main principles of such public association are the following:
freedom-free choice of territorial activity;
voluntary basis of activity (without any compulsion);
equality of NGOs and participants before the law;
not to have interests of property nature;
the principle of self-government (ODV and OMS should not interfere in the activities of the organization);
the principle of openness, publicity (freedom access to information on the activities of the organization) and transparency.
Legal analysis of the situation and analysis of documents of the current legislation determines that an important issue is the procedure of registration of such NGO with the status of a legal entity. As of today, the whole registration procedure is carried out by state registration bodies, to which such documents should be submitted, such as:
application for registration of NGO, according to the form established by law;
application for determining the status of non-profitability (inclusion in the Register of NGOs);
Status – as a constituent document of the NGO;
Register of persons who participated during the constituent meeting;
Protocol of the meeting, which confirms the formation of such NGOs;
data on the governing bodies (founder) and participants of the NGO;
confirmation of payment of administrative fee.
