Law 31 on Public Assocations

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Document Information:

Year: 1996
Country: Kazakhstan
Language: English
Document Type: Domestic Law or Regulation
Topic:

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This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

Copyright ©ICNL 2008
2
Law of the Republic of Kazakhstan from 31 May 1996 N 3-1
on Public Associations
(with changes, made in accordance wi
th Laws of the RK from 15.15.07)

The right to freedom of association is constitutional and is one of the most important rights of
the citizen and person, the implementation of whic h is in the interests of society and is under
the protection of the state.

CHAPTER 1. GENERAL PROVISIONS.

Article 1. The Subject of Regulation of the Law.

The subject of regulation of this Law are the social relation s, arising in connection with the
exercise of the right to association by citizens of the Republic of Kazakhstan , as well as
formation, operation, reorganiza tion and/or liquidation of public associations.

Article 2. Concept of Public Association

A public association in the Republic of Kazakhsta n is acknowledged to be any political party,
trade union, or other associati on of citizens, formed on a voluntary basis for the achievement
of common goals, which are not contrary to legislation. Public associations are
noncommercial organizations.

Article 3. Legislation on Public Associations

The legislation of the Republic of Kazakhs tan on public associations is based on the
Constitution of the Republic of Kazakhstan and c onsists of this Law and other legislative
acts, which are not contrary to this Law or the Constitution.

The authority of this Law extends to all social associations formed on the initiative of
citizens, with the exception of religious organi zations, territorial local self-government and
independent social activity orga nizations, whose procedures of formation and activities are
determined by other le gislative acts.

The authority of this Law extends to the activities of subordi nate structures (branches and
representative offices) of foreign and in ternational noncommercial nongovernmental non-
religious associations, formed and operating on the territory of the Republic of Kazakhstan.

If an international legal act, ratified by the Repu blic of Kazakhstan, establishes rules that are
different from those contained in this Law, the rules of the internation
al act take precedence.

The particularities of formation, operations , reorganization, and liquidation of political
parties, trade unions and other specific types of social associations, can be regulated by other
laws. The activities of the specified public a ssociations, if they are not regulated by other
laws, are regulated by this Law.

Article 4. The State and Public Associations

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

The merger of public and state institutions, unlawful intervention of the state into the affairs
of public associations or inte rvention of public associations into the affairs of state,
assignment of the functions of the state agency’s functions to a public association, or state
financing of a public asso ciation are not allowed

Public associations may collaborate and coope rate with state agencies by means of signing
agreements with them, and performing certain work for them, as specified by legislation, in
accordance with the agreements.

The legislation of the Republic of Kazakhs tan on labor and the legislation on social
protection and insurance is applied to th e personnel of public associations.

In certain cases stipulated by legislative ac ts, issues affecting the interests of public
associations can be resolved by state organizations in coordinati on with public associations.

Article 5. The Foundations of the Activity of Public Associations

Public associations shall be formed and operate with the purposes of implementation and
protection of the political, economical, social, and cultural rights and freedoms, promotion
the activity and independent ac tions of citizens; satisfaction of professional and amateur
interests; development of scie ntific, technical, and artistic creativity; life and health
protection of the people; protection of the na tural environment; participation in charitable
activities; carrying out of cultural and sports ac tivities; protection of historical and cultural
monuments; patriotic and humanistic educati on; expansion and strengthening international
cooperation; and implementation of other activit ies, not prohibited by the legislation of the
Republic of Kazakhstan.

The formation or operation of a public associ ation that pursues extremist goals, and the
formation of paramilitary forces that were not stipulated by the legislation of the Republic of
Kazakhstan, are prohibited.

On the territory of the Republic of Kazakhstan, it is prohibited to form public associations
under the model of paramilitary forces with th e militarized structure, uniform, insignia,
hymns, flags, pennants, special conditions of internal discipline and control, weapons,
including imitation weapons.

Activities of political parties and trade unions of foreign st ates, parties with religious
platforms, as well as the financing of political parties and trade unions by foreign legal
persons and individuals or forei gn countries or international organizations are not allowed.

Formation and operation of public association in fringing the health or moral principles of the
citizens, as well as the activity of unregiste red public associations are not allowed.

Article 6. Principles of Formation and Operation of Public Associations.

Public associations are equal before the law. Public associations shall operate within the

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

Public associations are formed and operated on the basis of voluntarism, equal rights of the
members (participants), self-government , legality, accountability, and openness of
operations.

The participation or non-participation of a citi zen in the activities of a public association
cannot serve as a reason for limitation of her or hi s rights and freedoms. It is not permitted to
require anyone to indicate membership or partic ipation in a public association in official
documents.

Article 7. The Status of Public Associations

National, regional, and local publ ic associations may form and operate in the Republic of
Kazakhstan.

National public associations are associations that have subordinate structures (branches and
representative offices) on the territories of more than half of the regions of the Republic of
Kazakhstan.

Regional public associations ar e associations, having subordina te structures (branches and
representative offices) on the te rritories of less than half of the regions of the Republic of
Kazakhstan.

Local public associations are a ssociations operating within the borders of one region of the
Republic of Kazakhstan.

In order to affirm its status, a national or regi onal public association within one year after the
date of its registration is obliged to provide the agency that registered this association with
the copies of documents confirming the registra tion of its subordinate structures (branches
and representative offices) in the terr itorial justice agencies.

Article 8. Unions (Associations) of Public Associations

Public associations, formed and registered unde r established procedures, regardless of their
type, have the right to form unions of public associations on the basis of constituent
agreements and charters adopted by those unions , thereby forming new legal persons. They
also have the right to be a member of international unions (associations).

The procedures of operation and state registra tion of unions of public associations, including
international unions of public a ssociations, are determined in accordance with the laws of the
Republic of Kazakhstan.

Article 9. The Activity of International and Foreign Noncommercial Nongovernmental
Associations on the Territory of the Republic of Kazakhstan.

The formation and activities of the subordinate structures (branches and representative
offices) of international and foreign nonc ommercial nongovernmental associations is

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

The subordinate structures (branches and repres
entative offices) of international and foreign
noncommercial nongovernmental associations are gove rned by their charters, as long as they
are not contrary to the legislati on of the Republic of Kazakhstan.

CHAPTER 2. THE FORMATION, RE ORGANIZATION, AND LIQUIDATION OF
PUBLIC ASSOCIATIONS

Article 10. The Formation of Public Associations.

A public association is formed on the initiative of a group of no less than ten citizens of the
Republic of Kazakhstan, convening conference or meeting where the charter to be adopted
and governing bodies to be formed.

The legal capacity of a public association as a legal person a ppears from the moment of its
registration in accordance with the procedures, specified by the legislation of the Republic of
Kazakhstan.

Article 11. Membership (Participa tion) in Public Associations.

Citizens of the Republic of Kazakhstan can be the members (participants) of public
associations. Membership (parti cipation) of foreign citizens or stateless persons in public
associations, except for political parties, can be provided in the charters of public
associations.

Citizens reached sixteen years of age can be members (participants) of youth public
associations existing under the au spices of political parties. The member’s age of other public
youth and childrens associations are determined by the charters of such associations.

The terms and procedures for acquiring and losing membership are determined by the charter
of a public association.

Military personnel, employees of national secu rity, law enforcement agencies and judges
may not belong to political parties and trad e unions, or express support for any political
party.

Article 12. The Charter of Public Association

The charter of public association should contain the following :

1. The name, subject, and goals of the activity of public association;

2. The membership (participation); methods and procedures for acquiring and losing
membership, rights and obligations of members (participants) of the public association;

3. The organizational structure of the public association, legal status of its subordinate
structures (branches and represen tative offices), and territorial limits within which it carries

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

4. The procedure for forming, authority and te
rms of office of the governing bodies of the
public association, as well as the location of the constantly operating governing body of the
public association;

5. The sources of capital and other property of the public association, rights of the public
association and its subordinate structures (branches and representative offices) to manage the
property;

6. The procedure for amending the ch arter of the public association;

7. The procedure for reorganization and liqui dation the public association, and distribution
of its property in the event of liqui dation of the public association.

The charter may contain other provisions, releva nt to the work of the public association, as
long as these provisions are not contrary to the legislation of the Republic of Kazakhstan.

Adoption of the charter and amendments to the ch arter is under the authorities of the supreme
governing body of the public association convention, conference, and meeting.

Article 13. State Registration and Re-Reg istration of a Public Association

The state registration of national and regional public associations and the subordinate
structures (branches and repres entative offices) of foreign and international noncommercial
nongovernmental associations is carried out by th e Ministry of Justice of the Republic of
Kazakhstan.

The state registration of local public associations and of bran ches and representative offices
is carried out by territorial justice agencies.

The state registration and re-reg istration of public associations are carried out according to
the procedures and time limits specified by le gislation on the state registration of legal
persons.

In order to register, a public association submits an appli cation to a registration agency
within two months after the date of its formation.

The application must be accompanied by the ch arter, the minutes of the founding convention
(conference, meeting) that a dopted the charter, informati on about the founders of the
association, documents, confirming the status and legal address of the public association, and
proof of payment of the legal entity’s registration fee.

Failure to meet the established deadline for submission of an application, caused by justified
reasons, can be excused and the deadline ca n be extended by the registration agency.

In the circumstances provided by legislation, a public association may be a subject to re-
registration.

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

For registration and re-registration of public asso
ciations, registration fees are levied through
the procedures and in the amounts establis hed by the Tax Code of the Republic of
Kazakhstan.

Article 14. Record Registration of Branche s and Representative Offices of Public
Associations.

The subordinate structures (branches and repres entative offices) of public associations are
subject to record registration.

The registration of branches and representa tive offices of foreign and international
noncommercial nongovernmental associ ations is carried out by the Ministry of Justice of the
Republic of Kazakhstan.
Territorial justice agencies register the br anches and representative offices of public
associations.

The procedures and terms for record regi stration are regulated by legislation on the
registration of legal persons.

Article 15. Interruption of the Term of State Registration.

The term of state registration can be interrupted in the event of an inspection of the founding
documents, verification of the list of members of a political party, or for the reasons,
specified in the laws on state regi stration of legal persons.

Article 16. Refusal of State Registration.

A refusal to register a public association or its subordinate stru cture (branch or representative
office) is carried out in accordance with legisl ation on the state registration of legal persons.

A refusal to register can be appealed in a judicial proceeding.

Article 17. Reorganization or Liqui dation of a Public Association

The reorganization of a public association by me rger, acquisition , division separation, or
transformation is carried out upon the decision of the governing body of that public
association according to the procedures provided in its charter and th e legislation of the
Republic of Kazakhstan.

The liquidation of a public association is carried out for the reasons and in accordance with
the procedures, specified by the legislat ion of the Republic of Kazakhstan.

Article 18. Symbols of a Public Association.

Public associations may have their own symbols (flags, hymns, emblems, pennants, and
pins), as long as they are not contrary to th e legislation of the Republic of Kazakhstan.

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

Copyright ©ICNL 2008
8
A complete or abbreviated name of a public
association and its symbols should not entirely
or essentially duplicate the title and symbols of the Republic of Kazakhstan and other states,
state agencies, public associati ons registered in the Republic of Kazakhstan, as well as public
associations liquidated due to violation of legislation.

Description and designs of sym bols of a public association are to be fixed in its charter.

CHAPTER 3. THE RIGHTS AND OBLIGA TIONS OF A PUBLIC ASSOCIATION
THE PROPERTY OF A PUBLIC ASSOCIATION

Article 19. The Rights and Obligations of a Public Association

Public associations acquire rights and ob ligations through their governing bodies, acting
within the limits of their authority, provided by the charter and the legislation of the Republic
of Kazakhstan.

In order to achieve statutory goals, public a ssociations in accordance with the legislative
procedures established by the Republic of Kazakhstan have the right to:

– disseminate information about their activities;

– represent and protect the rights and lawful interests of their member s in courts and other
state agencies and othe r public associations;

– establish mass media outlets;

– hold meetings, protests, demonstrations, marches, and pickets;

– perform publishing activities;

– join international noncommercial nongovernmental associations;

– exercise other powers, not contrary to the legislation of the Republic of Kazakhstan.

A public association is obligated to:

– observe the legislation of the Republic of Kazakhstan, as well as provisions of its charter;

– provide members with the opportunity to be acquainted with the documents and decisions
affecting their rights and interests;

– inform its members about cash receipts and expenses;

– inform the registration agency about change s in the location of the permanent governing
body and provide information about the managers of the public association to the extent set
forth in the unified state register.

Article 20. Entrepreneurial Activ ities of Public Associations

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

Public associations may engage in entreprene
urial activity only insofar as it serves the
achievement of the goals set forth in its char ter. The entrepreneurial activity of public
associations is conducted in acco rdance with the legislation of the Republic of Kazakhstan.

Profits from the entrepreneurial activities of public associations are subject to taxation in
accordance with the legislation of the Republic of Kazakhstan.

Profits from the entrepreneurial activities of public associations may not be distributed
among members (participants) of the public a ssociation, but should be used to further
achievement of the goals set forth in its charter. Public associations are permitted to use their
resources for charitable purposes.

Article 21. The Property of Public Associations

The property of a public association consists of objects necessary for the material support of
activities specified by its charter, with the exception of objects prohibited by the legislation
of the Republic of Kazakhstan.

The cash assets of a public association are fo rmed from initiation and membership fees, if
these payments are stipulated by the charter; from voluntary donations and contributions;
from receipts from lectures, exhibitions, lott eries, sports and other events conducted in
accordance with the charter; from the profits of production or other economic activity; and
from other receipts, not prohibited by the law.

The members (participants) of a public asso ciation do not have the right to property
transferred by them to the public associati on, including membership fees. They are not
responsible for the obligations of a public association, in which they are involved as
members (participants), and a publ ic association is not responsible for the obligations of its
members (participants).

The property of public associations is protec ted by the legislation of the Republic of
Kazakhstan.

CHAPTER 4. LIABILITY FOR VIOLAT ION OF LEGISLATION ON PUBLIC
ASSOCIATIONS

Article 22. Liability for Violation of Legislation on Public Associations

Violation of the legislation on public associa tions results in liability as provided by the
legislation of the Republic of Kazakhstan.

Liability for violation of legislation on public associations shall be imposed on guilty
physical and legal persons, in cluding officials in state agencies and persons, who are
members of the governing body of a public association.

Article 23. Suspension of the Oper ations of a Public Association

This unofficial translation of the draft Law on Noncommercial Organizations has been prepared by the
International Center for Not-for-Profit Law (June 2008)

10
A court may suspend the activity of a public asso
ciation for a period from three to six months
by the court’s decision based on a petition from the prosecutor’s office or internal affairs
agencies or on the application of citizens in the case of a violation of the Constitution and
legislation of the Republic of Kazakhstan or repe ated actions of the public association falling
outside the goals and objectives, determined by its charter.

If the activity of a public association is suspended, it may not use any mass media, carry out
agitation or propaganda, hold m eetings, demonstrations, and other mass activities, and
participate in elections. Like wise suspended are its rights to use bank accounts, except for
payments on labor contracts, compensation for lo sses caused as a result of its operations, and
payment of fines.

If during the period of suspension of its activit y, a public association corrects the violations
that caused the suspension of its activity, th en after the expiration of the suspension period,
that public association re new its activity. If a public association fails to correct the violation,
or repeatedly violates the le gislation of the Republic of K azakhstan, prosecutor’s office and
internal affairs agencies, as well as citizens, ha ve the right to file a petition to the court to
liquidate the public association.

CHAPTER 5. FINAL PROVISIONS

Article 24. International Communica tions of Public Associations

In accordance with their charters, the public as sociations of the Republic of Kazakhstan can
maintain international communications, sign re lated agreements, and join international
noncommercial nongovernmental associations with the exception of religious organizations.

Public associations of the Republic of Kazakhstan саn form their subordinate structures
(branches and representative offi ces) in foreign states on the basis of generally recognized
principles and norms of internat ional law, international treaties, and the legislation of the
relevant states.

Almaty
31 May 1996

President of the Republic of Kazakhstan N. Nazarbayev