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Publication date: 25.04.2024
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 formation of a public organization in Ukraine is a process that requires careful planning and compliance with certain legal norms. In this article, we will consider the peculiarities of the formation of a public organization in Ukraine, paying attention to the need to conduct a legal analysis of the situation, write a lawyer's request and other aspects that are important for the successful creation and functioning of a public organization.
The process of formation of a public organization
The creation of a public organization in Ukraine involves several basic steps:
Founders: In order to form a public organization, it is necessary to have at least three founders who have reached the age of majority and are legally competent.
Articles of Association: The next step is to write the organization's articles of association, which contain the main provisions on the purpose of activity, structure, management procedure and other important aspects.
Registration: After approval of the charter by the founders of the organization, it is necessary to submit documents for registration to the State Registration Service or the Ministry of Justice.
Review of documents: The state registrar conducts a legal analysis of the situation, checking documents for compliance with the law.
Registration and issuance of a certificate: If the documents meet the legal requirements, the organization is registered and a certificate of registration is issued.
Legal analysis of the situation
To ensure the successful formation of a public organization, it is important to conduct a legal analysis of the situation. This includes:
Verification of legal requirements: Before creating an organization, it is necessary to make sure that all legal requirements are met.
Risk assessment: Analysis of the situation by a lawyer helps to identify potential risks and find ways to minimize them.
Studying precedents: Studying past precedents can provide valuable information for making sound decisions.
Writing a lawyer request
It is often necessary to consult a lawyer to ensure the correct legal opinion. Writing a lawyer request can include:
Description of the situation: A detailed description of the situation, including all relevant facts and circumstances.
Questions for analysis: Clearly formulated questions that require legal analysis and conclusion.
Expected results: What answers or recommendations are expected from the lawyer.
Legal opinion
After receiving a lawyer's request, the lawyer conducts a legal analysis of the situation and provides an opinion. The legal opinion must be substantiated and contain recommendations for further actions. It can refer to:
Choosing the best option for creating an organization: For example, choosing the form of a public organization or a charitable organization.
Document checks: A legal opinion may include checking the articles of association and other documents for compliance with legal requirements.
Consultations on legal issues: A lawyer can provide consultations on the further development of the organization, its management and protection of rights.
Conclusion
The creation of a public organization in Ukraine is a complex process that requires compliance with certain legal procedures and careful planning. Legal analysis of the situation, writing a lawyer's request and obtaining a legal opinion are integral components of this process. Only with a full understanding of legal requirements and recommendations can you ensure the successful creation and functioning of a public organization.
