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Document Information:
- Year: 2012
- Country: Ukraine
- Language: English
- Document Type: Domestic Law or Regulation
- Topic:
Draft
(Version 22.03.2012 )
LAW OF UKRAINE
On P ublic Associations
This Law determines the legal and organizational principles of exercising
freedom of association, a right guaranteed by the Constitution of Ukraine and such
international agreements as have been approved by the Verkhovna Rada as biding
for Ukraine, as well as the procedure s of establishing and registering public
associations, their functioning and termination.
Section І. General Provisions
Article 1. Definition of a P ublic Association
1. A p ublic association is a voluntary association of physical persons and/or
legal entities under private law for the purpose of exercising and protecting rights
and freedoms and satis fying public, among them economic, social, cultural,
environmental, and other interests.
2. As far as its organizational and legal form is concerned, a public
association is established as a public organization or a public union.
3. A public organization is a public association the founders and members
(participants) of which are physical persons.
4. A public union is a public association the founders of which are legal
entities under private law and whose members (participants) may be legal entities
under private law and/or physical persons.
5. A public association may conduct its activity with or without the legal
entity status. A public association with the legal entity status is a non –
entrepreneurial (non -commercial) company for which making profit is n ot the
main purpose .
Article 2. Scope of this Law
1. This law shall extend to social relations in the sphere of establishing and
regist ering public associations in Ukraine, their functioning and termination.
2. This law shall not extend to social relations in the sphere of establishing
and registering, as well as the functioning and termination, of the following :
1) political parties;
2) religious organizations;
3) non -entrepreneurial companies established by acts of bodies of state
power, other governme nt bodies, bodies of power in the Autonomous Republic of
Crimea, and local self -government bodies;
4) associations of local self -government bodies and their voluntary unions;
5) self-regulating organizations and organizations exercising self –
governance on a professional basis; and
6) non-entrepreneurial companies (other than public associations )
established under other laws.
3. Individual aspects of regulation of social relations in the sphere of
establishing and registering certain types of public associa tions in Ukraine, their
functioning and termination may be determined by other laws.
4. Nongovernmental organizations of other countries and international
nongovernmental organizations (hereinafter , foreign nongovernmental
organizations) shall operate in t he territory of Ukraine in accordance with this and
other Ukrainian laws and international agreements of Ukraine that have been
approved by the Verkhovna Rada as binding for Ukraine .
Article 3. Principles of the Establishment and Operation of Public
Assoc iations
1. Public associations shall be established and operate on the following
principles:
1) voluntary participation ;
2) self -governance ;
3) free choice of the territory of operation;
4) equality before the law ;
5) absence of any property interest on t he part of their members
(participants) ; and
6) transparenc y, openness and publicity .
2. Voluntary participation means the right of a person to freely participate or
not participate in a public association, including establishing or joining such an
associa tion or terminating his/her membership (participation) in it.
3. Self -governance is the right of members (participants) in a public
association independently to manage its activity in accordance with its statutory
purpose (goals) and determine directions of such activity, as well as
noninterference of the bodies of state power, other government bodies, bodies of
power in the Autonomous Republic of Crimea, and local self -government bodies
into the activity of the public association , except for instances pro vided for by the
law .
4. Free choice of the territory of operation is the right of a public association
independently to determine the territory of its activity , except for instances
provided for by the law .
5. Equality before the law means that public associations are equal in their
rights and duties under the law with due regard to the organizational and legal
form, type and/or status of such associations.
6. Absence of property interest means that members (participants) of the
public association have no right to any part of the public association’s property and
are not liable for its obligations. T he public association ’s income or property
(assets) are not subject to distribution among its members (participants) and may
not be used for the benefit of any individual member (participant) of the public
association or its officers (except for their remuneration and deductions for social
measures ).
7. Transparency and openness mean that all members (participants) of the
public association are entitled to free a ccess to information about its activity,
including the decisions made by the public association and its past activities; it is a
duty of the public association to ensure such access. Publicity means that public
associations shall inform the public about their purpose (goals) and activity .
Article 4. Limitations on the Establishment and Operation of P ublic
A ssociations
1. The establishment and operation of public associations shall be prohibited
if the ir purpose (goals) or actions are directed at liquidating the independence of
Ukraine, the change of the constitutional order by violent means, violation of the
country’s sovereignty and territorial integrity, undermining its security, unlawful
seizure of state power, propaganda of war and violence, incitement of interethnic,
racial or religious enmity, or encroachments on human rights and freedoms or the
health of the population.
2. Public associations shall not have any paramilitary formations .
3. Other limitations on the right to freedom of association, incl uding the
establishment and operation of public associations , may not be instituted other than
by law in the interest of national security and public order, protection of the health
of the population or defense of rights and freedoms of other people.
4. Public associations shall not be granted government authority except for
instances provided for by the law .
Article 5. Guarantees of the Right to Freedom of Association
1. No person may be forced to join any public association. A person’s
affiliation or no n-affiliation with a public association may not be good and valid
reason for bodies of state power, other government bodies, bodies of power in the
Autonomous Republic of Crimea, or local self -government bodies to limit his/her
rights and freedoms or grant him/her any benefits or advantages.
2. Every person shal l have the right voluntarily to terminate their
membership (participation) in a public association at any time in the manner
provided for by the charter.
3. It shall be prohibited, except for instanc es provided for by the law, to
require that information regarding a person’s membership (participation) in a
public association be indicated, unless such a requirement is related to the
realization by that person of his/her rights as a person who has the right to
represent or is a member (participant) of that public association.
Article 6. Public Associations’ Joint Realization of Their Purpose (Goals)
1. Public associations shall have the right to realize their purpose (goals)
through entering, on a volu ntary basis, into cooperation and/or mutual assistance
agreements or establishing public unions in accordance with this Law, as well as in
any other mann er not prohibited by the law.
2. Public associations may engage in cooperation with foreign
nongovernme ntal organizations and international governmental organizations in
keeping with the laws of Ukraine and such international agreements of Ukraine as
have been approved by the Verkhovna Rada as binding for Ukraine .
Section ІІ. Establishment and Registration of a Public Association
Article 7. Founders of a Public Association
1. The founders of a public organization may be citizens of Ukraine,
foreigners and persons without citizenship who are staying in Ukraine on lawful
grounds and have attained 18 years o f age or, in the case of a youth and children’s
public organization , 14 years of age.
2. The founders of a public organization may be legal entities under private
law, including public associations with the legal entity status. P olitical parties or legal
e ntities regarding which a termination decision has been made or which are in the
process of termination may not be founders of a public association .
3. The number of founders of a public association may not be less than two
persons .
4. The founders of a pu blic organization may not be legal entities under
private law the only founder of which is one and the same person.
5. A legal entity under private law may not be founder of a public union if
that legal entity’s founder (or owner of a significant part ther eof) is on the list of
person s connected with any terrorist activity or has had international sanctions
applied against him/her. 6. A person judged incompetent by a court of law may not be a public
association founder .
7. The powers of a founder of a publ ic association shall terminate after the
decision to register the public association is made or the notice about its
establishment is accepted in accordance with the procedure es tablished by this
Law.
Note : For purposes of this Law, “significant part” is u nderstood as direct or
indirect, independent or joint (with other persons) ownership of ten (10) or more
percent of the authorized (aggregate) capital or voting rights in accordance with
their shareholding, or, regardless of formal ownership, as ability to have significant
influence on the management or operation of that legal entity .
Article 8. Members (Participants ) of a P ublic Association
1. Members (participants) of a public organization – except for a youth and
children’s public organization – may be persons qualifying under part one of
Article 7 of this Law and who have attained 14 years of age . The qualifying age of
members of a youth or children’s organization shall be determined by its charter
within the limits provided for by the law .
2. Members (participants) of a public organization may be legal entities
under private law, including public associations with the legal entity status, and
physical persons who have attained 18 years of age and are not judged incompetent
by a court of law.
Article 9. Establishment of a Public Association
1. A public association shall be established at the cons tituent meet ing of its
founders and documented by a protocol.
2. The protocol of the constituent meeting of a public association shall
contain information abo ut:
1) date and place of the constituent meeting;
2) the persons who took part in the constituent meeting (in accordance with
part eleven of this Article );
3) the decision to establish the public association indicating the purpose
(goal) of its activity ;
4 ) the decision to adopt the name and, if available, the abbreviated name of
the public association;
5) the decision to adopt the charter of the public association;
6) the decision to establish (elect) the chief executive and the governing
bodies of the public association in accordance with the approved charter ;
7) the decision to determine the person or persons entitled to represent the
public association in its legal relations with the State and other persons, and
perform acts on behalf of the public assoc iation without need for further
authorization (hereinafter, the persons authorized to represent the public
association), – for a public association intending to operate without the legal entity
status, if the establishment (election) of governing bodies is not provided for by the
decision to establish that association; and
8) the decision to determine the person or persons entitled to represent the
public association in performing acts related to its registration, – for a public
association intending to ope rate as a legal entity.
3. A legal entity under private law takes part in establishing a public
association via its chief executive or other authorized representative acting on the
basis of a power of attorney entitling him or her to perform legal acts needed to
establish a public union.
4. In the case of a public association intending to operate without the legal
entity status, decisions provided for by items 5 and 6 of part two of this Article
shall be adopted if the decision to establish that association provides for a charter
and/or the establishment (election) of governing bodies of the association.
5. The protocol of the constituent meeting may include information about
other decisions adopted by that meeting regarding the establishment and/or
operati on of the public association.
6. A person may be elected chief executive or a member of the governing
body of the public association, or appointed the public association’s authorized
representative for performing legal acts needed for its registration, or its authorized
representative provided he or she gives their personal consent thereto.
7. The protocol of the constituent meeting shall be signed by the chair and
the secretary of the meeting .
8. Public associations are registered or make public their esta blishment in
accordance with the procedure provided for by this Law within 60 days from the
date of the constituent meeting.
9. It is prohibited to act on behalf of a public association which has not been
registered or whose notice of establishment has not been accepted in accordance
with the procedure established by this Law, except for the purposes of registering
that association or submitting the notice of its establishment.
10. Requirements under this Article shall also extend to decisions regarding
the establishment of a new public association that may be adopted in connection
with the reorganization of a public association.
11. The protocol of the constituent meeting of a public association shall also
include, as its part and parcel, a register of pers ons who took part in the meeting,
indicating the following obligatory information:
1) for physical persons: full name (surname, given name, and patronymic)
and the date of birth, and for foreigners and persons without citizenship, a lso the
data of their na tional passport or other qualifying document. The person shall
certify such information with his/her personal signature ;
2) for legal entities: full name, identification code, legal address, and the full
name (surname, given name, and patronymic) of the person authorized to take part
in the meeting. The person authorized to take part in the meeting shall certify such
information with his/her personal signature .
Article 10. Name of a Public Association
1 . The name of a public association shall be determine d by a decision of the
constit uent meeting at the time of its establishment.
2. The name of a public association consists of two parts, generic and
personal. The generic part denotes the organizational and legal form of the public
association (“public orga nization,” “public union”).
3. The name of a public association shall be in the state language. A public
association may also indicate its personal name, alongside the state language, in a
foreign language or that of an ethnic minority .
4. The personal nam e of a public association may not be identical with those
of other registered public associations or those public associations whose
establishment notice was accepted in accordance with the procedure determined by
this Law.
5. The personal name of a publi c association may not contain :
1) the name of a body of state power, body of power in the Autonomous
Republic of Crimea, a local self -government body, or a constituent part of their
names (such as ministry , agency, inspection, committee, administration,
pr osecutor’s office, or court);
2) the personal name of a public association whose activity has been
prohibited by a court of law (for three years from the date the relevant court
decision took effect) ; and
3) other elements the use of which is restr icted by law.
6. The personal name of a public association may not contain the words
“state” or “communal” or their derivatives. The personal name of a learning
establishment, institution or organization may be used as part of that of a public
association only with consent of that establishment, institution or organization.
It is prohibited to use historical state names the list of which is determined
by the Cabinet of Ministers of Ukraine .
7. The personal name of a public association may contain information about
the public association’s status (“children’s,” “youth,” “all-Ukraine”) and type
( “environmental,” “advocacy” and the like ).
8. The personal name of a public association may contain the name
(pseudonym) of a person on the condition that that person or his/ her heirs give
their prior written consent certified in accordance with established procedure,
unless otherwise provided for by the law.
9. A public association shall have the right to use its name from the moment
of its registration or its establishment notice is accepted in accordance with the
procedure established by this Law. The use of a public association ’s name by
physical persons and legal entities which do not belong to that public association,
without its consent and for purposes unrelated to its activity shall be prohibited.
10. A public association may also have an abbreviated name as determined
by its constituent meeting or its higher governing body such as congress,
conference, general meeting and the like (hereinafter, the higher governing bod y).
11. The name of a public association may be changed at a meeting of its
higher governing body in accordance with the requirements of this Law and the
association’s charter (if available) .
Article 11. Charter of a Public Association
1. The charter of a public association shall contain information about:
1) the full and, if available, abbreviated name of the public association ;
2) its purpose (goals) and directions of activity ;
3) the procedure of acquiring and terminating membership (participation) in
the public association, the rights and duties of its members (participants) ;
4) the powers of the chief executive, the higher governing body and other
governing bodies (hereinafter, governing bodies ) of the public association, the
procedure of the formation and change of their composition, the term of office and
the procedure of appointing the person authorized to represent the public
association, and his/her replacement (for public associations without the legal
entity status);
5) the frequency of meetings and the decision-making procedure used by the
public association’s governing bodies, using, in part, means of communication ;
6) reporting to members (participants) – procedure used by the public
association’s governing bodies;
7) procedure s of complaining against decisions, actions or inaction by the
public association’s governing bodies and of examining such complaints;
8) sources and the procedure of use of funds and other property of a public
association;
9) the procedure of establishing, operation and terminating the operation of
detached units of a public association (if established by a public association
intending to operate with the legal entity status);
10) the procedure for amending the charter; and
11) the procedure for adopting the decision on voluntary dissolution or
reorganization of a public association , as well as on the use of its funds and other
property remaining after voluntary dissolution: for a public association intending
to operate with the legal entity status.
2. The charter of a public association may provide for additional provisions
on the establishment, operation and voluntary dissolution or reorganization of the
public association that do not conflict with the law .
3. The charter of a public association intending to operate witho ut the legal
entity status (if the decision to establish it provides for such a charter) may not
contain provisions under items 5-8 of part one of this Article .
Article 12. Registration of a Public Association
1. A p ublic association intending to operate on the basis of the legal entity
status shall be subject to registration in accordance with the procedure determined
by the Law of Ukraine On State Registration of Legal Entities and Physical
Persons – Entrepreneurs with due account of the specific featur es provided for by
this Law.
2. A public association shall be registered free of charge by local executive
bodies responsible for the registration of public associations under applicable law
(hereinafter, authorized body for registration matters).
3. To r egister a public association, its chief executive or the person or
persons entitled to represent that public association in performing legal acts needed
for its registration , shall submit or mail an application in accordance with the form
approved by the M inistry of Justice of Ukraine to the local authorized body for
registration matters within 60 days from the establishment of the public
association, with the following documents attached :
1) a copy of the constituent meeting protocol executed in keeping wi th the
requirements of part s 2, 5 and 7 of Article 9 of this Law ;
2) two copies of the association’s charter;
3) information about the governing bodies of the public association
indicating the full name (surname, given name, and patronymic, if applicable) and
date of birth of the chief executive and members of other governing bodies, the
contact number of the telephone and other means of communication, as well as the
required information about the person or persons entitled to represent the public
associati on for the purpose of its registration, with that person’s written consent
attached as provided for by part six of Article 9 of this Law, if that person was not
present at the constituent meeting ; and
4) a filled-out registration card for the state registr ation of that legal entity .
4. The application and documents referred to in item s 3 and 4 of part three
of this Article shall be signed by the chief executive or the person or persons
entitled to represent the public association in performing registration acts. The
authenticity of the person’s signature on the registration application shall be
notarized.
5. In addition to documents referred to by part three of this Article, it is
required for the registration of a public association to submit documents cont aining
information about the ownership structure of the founders – legal entities and
physical persons – who ow n a significant share in those legal entities.
6. If the founder or founders of a public association is a foreign legal entity,
then in addition to the documents provided for by part three there shall be
submitted a duly notarized document supporting that foreign legal entity’s
registration in the country it is based – an excerpt from the commercial, banking or
court register that meets the require ments of the Law of Ukraine On State
Registration of Legal Entities and Physical Persons – Entrepreneurs.
7. The documents which under this law are hereunder submitted or mailed to
the authorized body for registration matters shall be in the state language .
8. If such documents are not submitted or mailed for the purpose of
registering the public association within 60 days from its establishment, such
public association shall be regarded as one that was not established.
9. Based on the submitted documents, the authorized body for registration
matters shall make, within seven days from their receipt, its decision to register or
refuse to register the public association, or return the documents for correction, or
shelve them without examining the substance .
10. Refusal to register a public association is allowed for one or all of the
following reasons:
1) the charter and the decisions reflected in the protocol on the establishment
of the public association contain provisions which conflict with the Constitution of
Ukraine and Article 4 of this Law;
2) the requirements by the public association 7 and 10 of this Law are
violated .
11. In absence of grounds for a refusal to register a public association as
provided for by part ten of this Article , or for returning s uch documents for
correction as is provided for by part fourteen hereof, or for shelving them without
examining the substance in accordance with part seventeen hereof, the authorized
body for registration matters shall do the following within the deadlines
determined by part nine hereof :
1) make its decision, in the form of an order, to register the public
association;
2) enter information about the newly registered public association in the
Register of Public Associations and see to it that information about the registered
public association as a legal entity is entered in the Integrated State Register of
Legal Entities and Physical Persons – Entrepreneurs ;
3) issue (or mail by registered letter with a notification of receipt) a
certificate of registration of a public association as a public organization or public
union in keeping with the form established by the Cabinet of Ministers of Ukraine
(hereinafter, certificate of registration), an excerpt from the Integrated State
Register of Legal Entities and Phy sical Persons – Entrepreneurs (hereinafter,
excerpt from the Integrated State register) and one copy of the charter with a mark
indicating the fact of registration to the chief executive or the person or persons
who are entitled to represent the public association in performing registration acts.
12. Given grounds for a refusal to register a public association as provided
for by part ten of this Article, the authorized body for registration matters shall
make the decision, in the form of an order, to refuse registration, within the
deadlines determined by part nine hereof . A substantiated legal examination
opinion containing exhaustive reasons for refusal shall be attached as part and
parcel of such decision.
13. A copy of the decision provided for by part twelve of this Article shall
be issued (or mailed by registered letter with a notification of receipt) to the chief
executive or the person or persons entitled to represent the public association in
performing registration acts, not later than the next day after the decision is made.
If the decision is made to refuse registration for reasons provided for by item 2 of
part ten of this Article, a copy of the decision shall be mailed, together with one
copy of the charter and the documents which were submitted for registration
purposes (except for those with which fault was found ).
14. Within the deadlines determined by part nine 9 hereof, the authorized
body for registration matters shall make its decision, in the form of an order, to
return documents for corr ection if there are one or all of the following reasons:
1) the documents do not meet the requirements by the public association 8,
9, 11 of this Law;
2) provisions were found in the charter of the public association that conflict
with this Law (except Art icle 4) and other laws of Ukraine ;
3) the established procedure of establishing a public association as a legal
entity was violated:
а) the law restricts the holding of relevant offices for the persons indicated
as the chief executive or officers of other governing bodies of the public
association;
б) the information indicated in the registration card for the state registration
of a pub lic association as a legal entity is at variance with the documents submitted
for the registration of the public association.
15. The legal examination opinion attached as part and parcel of the decision
shall contain exhaustive and reasoned (with references to relevant provisions of the
laws of Ukraine) critical remarks about the submitted documents.
16. If the decision is made to return the submitted documents to the public
association for correction, a copy of the decision shall be issued (or mailed by
registered letter with a notification of receipt) to the chief executive or the person
or persons entitled to represent the public association in performing registration
acts , not later than the next day after the decision was made, together with one
copy o f the charter and the documents which were submitted for registration
(except for those with which fault was found) .
17. The authorized body for registration matters may make the decision to
disregard documents without examination of substance for one or a ll of the
following reasons:
1) the documents were not submitted in full;
2) there was a deficiency of information in the submitted documents that
could not be removed without making the decision to disregard the documents
without examination of substance ;
3) the documents were submitted by a person who was not duly authorized
to do so ;
4) the documents were submitted in violation of the deadlines for submitting
documents for the registration of the public association;
5) the public association did not subm it corrected documents to the
authorized body for registration matters within the deadlines provided for by part
nineteen of this Article .
18. Within the deadlines determined by part nine hereof, the authorized body
for registration matters shall issue (or mail by registered letter with a notification
of receipt) a copy of the decision in the form of an order to disregard the
documents without examination of substance, as well as one copy of the charter,
and the documents which were submitted for the registration of the public
association to the chief executive or the person or persons entitled to represent the
public association in performing registration acts.
19. Within six months from the day of receipt of a copy of the decision to
deny the registration of the public association for reasons provided for by item 2 of
part 10 of this Article, or return the documents for correction, or disregard them
without examination of substance, the public association may remove the defects
and submit the documents to the authorized body for registration matters in
keeping with the procedure provided for by this Article . If provisions are found in
the public association’s charter that conflict with this Law and other laws of
Ukraine (except for cases stipulated by item 1 of part ten of this Article), then the
decision to make amendments to the charter of the public association shall be made
in accordance with the procedure established by Article 9 of this Law .
20. Within five business days from the date the documents were submitted
after removing defects, the authorized body for registration matters shall make the
decision to register the public association and perform other acts provided for by
part eleven of this Article .
21. A public association shall not be deemed registered if it fails to submit
its documents after removing defects to the authorized body for registration matter
in accordance with the procedure established by this Article within six months
from the date of receipt of a copy of the decision to refuse to register the public
association for reasons provided for by item 2 of part 10 of this Article, or to return
the documents for correction, or to disregard them without examination of
substance .
22. Decisions, actions or inaction made (performed) under this Article by the
authorized body for registration matters may be appealed to a court of law in
keeping with the procedure provided for by the Code of Administrative Court
Procedure of Ukraine.
Article 13. Detached Units of the Public Association
1. A publi c association with the legal entity status may have detached units
established by decision of the relevant governing body of the public association in
accordance with its charter .
2. Detached units of a public association are not legal entities.
3. The pub lic association shall submit information about such established
detached units to the authorized body for registration matters in the area it is based.
4. The information shall be submitted in the form of a registration card
containing the following:
1) the public association’s identification code as a legal entity ;
2) full name of the detached unit;
3) the location of the detached unit;
4) full name (surname, given name, and patronymic) of the chief executive
of the detached unit , and his/her taxpayer’s registration number ; and
5) the location of the registration file of the public association.
Attached to the registration card for the establishment of the detached unit
shall be the decision of the governing body of the public association to establish
the detached unit. The form of the registration card for the establishment of the
detached unit of the public association is determined by the Ministry of Justice of
Ukraine .
5. Within three business days, the authorized body for registration matters to
which documents on the establishment of the detached unit of a public association
were submitted shall enter information about that detached unit in the Register of
P ublic Associations and see to it that relevant information about that detached unit
is entered in the Integrated State Register of Legal Entities and Physical Persons –
Entrepreneurs, or make the decision to refuse to enter information about the
detached unit in the Register of Public Associations. A copy of the decision shall
be issued (or mailed by registered letter with a notification of receipt) to the public
association not later than the next day after the decision was made.
6. The authorized body for registration matters to which documents on the
establishment of the detached unit of a public as sociation were submitted shall
make the decision to refuse to enter information about that detached unit in the
Register of Public Associations in the event of failure to submit the documents
provided for by part four of this Article, errors in the registr ation card for the
establishment of the detached unit of the public association, or if the decision on
the establishment of the detached unit was made by other than the duly authorized
governing body of the public association.
7. A public association shall submit a notice on the closing down of its
detached unit to the authorized body for registration matters of the area the
association is based, in accordance with the form approved by the Ministry of
Justice of Ukraine .
Article 14. Acceptance of a Notice on Amendments to the Charter, Changes
in the Composition of the Governing Bodies, Change of the
Person or Persons Entitled to Represent the Public
Association, or the Change of Address of the P ublic
A ssociation
1. Changes in the information about a publi c association as a legal entity in
the Integrated State Register of Legal Entities and Physical Persons –
Entrepreneurs shall be made in accordance with the procedure provided for by the
Law of Ukraine On State Registration Legal Entities and Physical Persons –
Entrepreneurs with due account of the specific features provided for by this Law .
2. A p ublic association shall notify the authorized body for registration
matters keeping the registration file of the public association (hereinafter, the
registration file ) or the notice about the establishment of the public association,
about amendments to the charter, changes in the composition of the governing
bodies, change of the person or persons entitled to represent the public association,
or the change of addr ess of the public association.
3. A registered public association shall change the charter of the public
association, the composition of the governing bodies, or the address of the public
association in accordance with the procedure determined by its charter and with
dues account of the provisions of this Law.
4. To enter changes in the composition of its governing bodies, a registered
public association shall submit (or mail) the following documents:
1) a request of no particular form ;
2) a filled-out regi stration card about entering changes in the information
about the legal entity in the Integrated State Register of Legal Entities and Physical
Persons – Entrepreneurs ;
3) a copy, certified by the public association’s seal or notarized, of the
original deci sion of its higher governing body to replace listed persons, made in
accordance with t he charter of th at public association and executed in keeping with
item s 1, 2, 6, 8 of part two of Article 9 of this Law, and/or a copy of the original
(or a notarized co py) of the instruction on their appoint ment;
4) a copy, certified by the public association’s seal or notarized, of the
original protocol of its governing body meeting at which, in accordance with the
charter, it was decided to call a meeting of the higher governing body, if the
changes were made by the higher governing body ; and
5) information about the governing bodies .
The documents referred to in items 1, 2 and 5 of this part of the Article shal l
be signed by the chief executive of the public associati on.
5. To enter changes regarding its address, a registered public association
shall submit (or mail ) the following documents :
1) a request of no particular form;
2) a filled-out registration card about entering changes in the information
about the legal e ntity in the Integrated State Register of Legal Entities and Physical
Persons – Entrepreneurs; and
3) certificate of registration (or its duplicate copy) .
The documents referred to in items 1 and 2 of this part of the Article sha ll be
signed by the chief e xecutive of the public association.
6. To notify about amendments to the charter , a registered public association
shall submit (or mail ) the following documents :
1) a request of no particular form;
2) a filled-out registration card about entering changes i n the information
about the legal entity in the Integrated State Register of Legal Entities and Physical
Persons – Entrepreneurs;
3) a copy of the original decision (or a notarized copy) of the higher
governing body of the public association to enter amendments to the charter , made
in accordance with the procedure determined by the charter of the public
association and executed in keeping with part two of Article 9 of this Law ;
4) a copy, certified by the public association’s seal or notarized, of the
original protocol of its governing body meeting at which, in accordance with the
charter, it was decided to call a meeting of the higher governing body ;
5) two copies of the charter with the amendments incorporated;
6) a copy of the original (a duplicate copy) of the charter and the certificate
of registration or its duplicate copy .
The documents referred to in items 1 and 2 of this part of the Article shall be
signed by the chief executive of the public association.
7. In the notice about the change of the per son or persons entitled to
represent it, a public association established without the legal entity status shall
indicate information about the person to the extent stipulated by item 3 of part
three of Article 12 of this Law .
8. It is prohibited to demand that the public association submit any other
documents about changes in the composition of the governing bodies, the change
of the person or persons entitled to represent the public association, or the change
of its address, or changes in its charter.
9. Within five business days from the receipt of the documents referred to in
parts four -seven of this Article, the authorized body for registration matters shall
make one of the following decisions:
1) on the acceptance of the notice on amendments to the char ter, changes in
the composition of the governing bodies, change of the person or persons entitled
to represent the public association, the change of address of the public association;
2) on the refusal to accept the notice on amendments to the charter or
changes in the composition of the governing bodies, in the event of violation of the
charter of the public association;
3) on the refusal to accept the notice on amendments to the charter, if there
are grounds provided for by part ten of Article 12 of this Law (other than
violations of the requirements of Article 7 of this Law);
4) on sending a legal examination opinion, if there are grounds provided for
by item 1, 2 ( other than noncompliance with the requirements by the public
association 8, 9 of this Law) and 3 of part fourteen of Article 12 of this Law ;
5) on disregarding the documents without examination of substance , if there
are grounds provided for by items 3 -5 of part seventeen of Article 12 of this Law.
10. In the event of the decision stipulated by item 1 of part nine of this
Article, t he authorized body for registration matters shall:
1) enter information on the changes in the composition of the governing
bodies, the person or persons entitled to represent the public association, the
change of the a ddress and amendments to the charter in the Register of Public
Associations and see to it that information about the aforementioned changes
regarding public associations with the legal entity status are entered in the
Integrated State Register of Legal Ent ities and Physical Persons – Entrepreneurs;
2) issue (or mail by registered letter with a notification of receipt) the
certificate of registration, an excerpt from the Integrated State Register of Legal
Entities and Physical Persons – Entrepreneurs, and one copy of the charter with the
mark that the notice on amendments to the charter was accepted to the public
association – in the event of the change of the name, or the purpose, or the address
of the public association ; or
3) issue (or mail by registered letter with a notification of receipt) an excerpt
from the Integrated State Register of Legal Entities and Physical Persons –
Entrepreneurs to the public association, in the event of changes in the composition
of the public association’s governing bodies.
1 1. After information on the change of address of the public association is
entered in the Integrated State Register of Legal Entities and Physical Persons –
Entrepreneurs, the registration file of that public association shall be transferred to
the authorized body for registration matters at the address of the public association.
12. In the event any of the decisions provided for by items 2 -4 of part nine
of this Article are made , the authorized body for registration matters shall return
one copy of the charter with the amendments incorporated as well as the submitted
documents (except for those with which fault was found) to the public association
concurrently with mailing a copy of the relevant decision.
13. In the event the decision provided for by item 5 of part nine of this
Article is made , the authorized body for registration matters shall return all
submitted documents to the public association concurrently with mailing a copy of
the relevant decision.
14. Bringing documents on the public association’s changes in its charter or
the composition of its governing bodies in to line with the requirements of this Law
shall take place in accordance with the procedure provided by part nineteen of
Article 12 of this Law and the public association ’s charter.
15. In the event any of the decisions provided for by items 2-5 of part nine
of this Article are made, the composition of the governing bodies and t he charter of
the public association shall remain as they were before the relevant changes were
made . If the documents submitted by the public association contain a resignation
of the chief executive or a member of the governing body, the authorized body for
registration matters shall enter relevant information in the Register of Public
A ssociations irrespective of w hether the decision provided for by items 2, 5 of part
nine of this Article is made .
16. For accepting a notice on amendments to the charter of a public
association, a fee is charged in the amount determined by the Law of Ukraine On
State Registration of L egal Entities and Physical Persons – Entrepreneurs for the
state registration of changes in the constituent documents of a legal entity .
Article 15. The Issue of a Duplicate Original Certificate of Registration of a
Public Association and/or Its Charter
1. In the event of loss of the original certificate of registration or charter of a
public association, its chief executive shall submit (or mail) a request about the
loss of the original certificate of registration and/or charter to the authorized body
fo r registration matters with the following documents attached:
1) a document in support of the payment for publishing, in a specialized
printed organ of the mass media, a notice on the loss of the original certificate of
registration and/or charter, in the amount determined by the Law of Ukraine On
State Registration of Legal Entities and Physical Persons – Entrepreneurs ; and
2) a certificate from the relevant internal affairs department regarding the
registration of the report on the loss of the original c ertificate of registration and/or
charter .
2. Within three business days from the date of receipt of the documents
referred to in part one of this Article, the authorized body for registration matters
shall make, in the form of an order, one of the followi ng decisions:
1) to issue a duplicate of the original certificate of registration and/or
charter ;
2) to disregard the request about the loss of the original certificate of
registration and/or charter without examination of substance .
3. The authorized body for registration matters shall decide to disregard a
request about the loss of the original certificate of registration and/or charter
without examination of substance on one or all of the following grounds :
1) the documents referred to in part one of thi s Article are not attached to the
request ;
2) the request is signed by a person who is not authorized to represent the
public association;
3) if the authorized body for registration matters has received a court
decision to disallow the replacement and issue of a duplicate original certificate of
registration and/or charter .
4. Within deadlines provided for by part two of this Article, t he authorized
body for registration matters shall mail (issue) a copy of the decision to disregard
the relevant request wit hout examination of substance to the public association
together with the documents which were submitted for the issue of a duplicate
original certificate of registration and/or charter . The relevant opinion which is
attached to the decision as its part an d parcel shall contain exhaustive and reasoned
grounds for the decision.
5. In absence of grounds to disregard a request about the loss of the original
certificate of registration and/or charter without examination of substance, the
authorized body for re gistration matters shall:
1) record the fact of loss of the original certificate of registration and/or
charter in the Register of P ublic Associations;
2) see to it that the fact of loss of the original certificate of registration
and/or charter is recorde d in the Integrated State Register of Legal Entities and
Physical Persons – Entrepreneurs; and
3) execute and issue (or mail ) a duplicate of the original certificate of
registration and/or charter .
6. For issuing a duplicate of the original certificate of registration and/or
charter of a public association, a fee is charged in the amount determined by the
Law of Ukraine On State Registration of Legal Entities and Physical Persons –
Entrepreneurs for the issue of a duplicate original of constituent documents or
amendments thereto certified by the State Registrar.
Article 16. Notice about the E stablishment of a Public Association
1. A p ublic association intending to operate without the legal entity status
shall notify the authorized body for registration matters about its establishment
within sixty days from its establishment.
2. For a notice about the establishment of the public association , its founders
or the person or persons entitled to represent it shall submit or mail their request in
accordance with t he form approved by the Ministry of Justice of Ukraine to the
authorized body for registration matters in the area the public association is based,
attaching the following documents:
1) an original copy, or a notarized copy of the protocol of the constitue nt
meeting executed in keeping with the requirements of parts two, four and eight of
Article 9 of this Law ;
2) information about the public association’s founders indicating the full
name (surname, given name, and patronymic, if applicable), date of birth, and
residence address, and if it is a legal entity under private law, its name, address and
identification code ;
3) information about the person or persons entitled to represent the public
association, indicating the full name (surname, given name, and pa tronymic, if
applicable), date of birth, contact number of the telephone and other means of
communication, attaching that person’s consent thereto in writing as stipulated by
part six of Article 9 of this Law.
The request shall be signed by the founders of the public association or the
person or persons entitled to represent the public association, the authenticity of
their signatures being certified by a notary .
3. In absence of grounds provided for by item 1 of part ten of Article 12 of
this Law and consi stency of the submitted documents with the requirements of
Article 7 -10 of this Law, the authorized body for registration matters shall make
the decision to accept the written notice and enter information about the public
association in the Register of P ublic Associations within five business days from
the receipt of the documents provided for by part two of this Article . A copy of the
decision to accept the written notice shall be issued (or mailed by registered letter
with a notification of receipt) to the founders of the public association or the
person or persons entitled to represent it, not later than the next day after the
decision was made .
4. In presence of grounds provided for by item 1 of part ten of Article 12 of
this Law , in the event of inconsi stency of the submitted documents to the
requirements of Articles 7 -10 of this Law, the authorized body for registration
matters shall decide, within the deadlines provided for by part three of this Article,
to decline the notice about the establishment of the public association, which
decision must be motivated and contain exhaustive reasons for not accepting the
notice . A copy of the said decision shall be issued (or mailed by registered letter
with a notification of receipt) to the founders of the public association or the
person or persons entitled to represent it, not later than the next day after the
decision was made .
5. If the public association has removed inconsistencies with the
requirements of Article 7- 10 of this Law in the submitted documents, the
authorized body for registration matters shall decide to accept the notice about the
establishment of the public association and perform other acts provided for by part
three of this Article within three business days from the receipt of the documents
by which such inconsistencies are removed. 6. The public association shall notify the authorized body for registration
matters about the change of its name, purpose (goals) and the person or persons
entitled to represent it within one month from the date such changes were adopted
in accordance with the procedure provided for by Article 14 of this Law.
7. Decisions, actions or inaction made (performed) under this Article by the
authorized body for registration matters may be appealed to a court of law in
ke eping with the procedure provided for by the Code of Administrative Court
Procedure of Ukraine .
8. To obtain the legal entity status, a public association operating without it
may , by decision of its higher governing body, apply for it in accordance with the
procedure provided for by Article 12 of this Law.
Article 17. Register of P ublic Associations
1. To maintain records of public associations and ensure general access to
information about public associations , the authorized body for registration matter s
shall keep the Register of Public Associations .
2. Information on public associations is entered in the Register of P ublic
A ssociations by the authorized body for registration matters in accordance with the
data in the documents submitted by public assoc iations in accordance with the
procedure provided for by Article s 12, 13, 14, 16, 19 of this Law. Processing of
personal data referred to in item 3 of part three of Article 12, items 2, 3 of part two
of Article 16 of this Law, and the publication in the Re gister of Public
A ssociations of information about persons elected to the public association’s
governing bodies, or the person entitled to represent the public association, are the
responsibility of the authorized body for registration matters in accordanc e with
legislation in the sphere of personal data protection.
3. Basic information of the Register of P ublic Associations is open to free
access on the official website of the authorized body for registration matters.
4. To exercise the right of access to information of the Register of Public
A ssociations , users may search for, view, copy and print such information.
5. The procedure of maintaining the Register of Public Associations is
determined by the Cabinet of Ministers of Ukraine .
Article 18. Symbols of a Public Association
1. A p ublic association with the legal entity status may have its own symbols
(emblem or other identification mark, or flag) , which is approved in accordance
with its charter and is subject to registration in accordance with the pr ocedure
established by the Cabinet of Ministers of Ukraine .
2. The symbols of a public association shall not reproduce :
1) the state symbols of Ukraine ;
2) other official symbols or signs used by bodies of state power, bodies of
power in the Autonomous Republic of Crime a, and local self-government bodies,
state and other awards, stamps and other insignia of such bodies ;
3) state emblems, flags or official names of other states;
4) registered symbols of other public association s;
5) the name or representatio n of a physical person without the written
consent of such person or his/her heirs certified in accordance with established
procedure, unless otherwise provided for by the law ; and
6) other symbols and signs the use of which is restricted by the law .
3. Information about the duly registered symbols of a public association
shall be open to the general public .
4. For the registration of the symbols, or the replacement of the certificate of
registration of the symbols due to damage, or the issue of a duplicate original
certificate of registration of the symbols of a public association due to their loss,
payment is made in the amount determined by the Cabinet of Ministers of Ukraine,
which may not exceed ten untaxed minimum incomes of citizens .
5. A p ublic assoc iation shall be entitled to use its own symbols from the
moment of their registration. It is prohibited for physical persons and legal entities
to use registered symbols of a public association without its consent and for
purposes unrelated to its activity .
6. To indicate a public association in its information/presentation materials,
a p ublic association which does not have registered symbols of its own may use
images that meet the requirements of part two of this Article .
Article 19. All-Ukrain e Status of a P ublic Association
1. A duly registered public association may have the all-Ukraine status
provided it has detached units in the majority of administrative -territorial units
referred to in part two of Article 133 of the Constitution of Ukraine and if that
public association has confirmed this status in accordance with the procedure
established by this Law. Specific laws may provide for other requirements for the
confirmation of the all-Ukraine status by certain types of public associations .
2. Confirmation of the all -Ukraine status and renunciation of such status are
a voluntary option.
3. To confirm its all -Ukraine status, a public association shall apply to the
authorized body for registration matters in accordance with the form established by
the Min istry of Justice of Ukraine .
4. Within seven business days from the receipt of the application, t he
authorized body for registration matters shall make its decision to confirm the all-
Ukraine status of the public association or refuse to confirm it based o n the results
of its examination of the Register of Public Associations for consistency of the
association’s detached units with the requirements of part one of this Article . A
copy of the decision is issued (or mail ed by registered letter with a notification of
receipt) to the public association not later than the next day after the decision is
made.
5. If the decision to confirm the all-Ukraine status is made, the authorized
body for registration matters shall make a relevant entry in the Register of Publ ic
Associations within the deadlines determined by part six of this Article.
6. To relinquish its all -Ukraine status, a public association shall apply to the
authorized body for registration matters in in accordance with the form established
by the Ministr y of Justice of Ukraine . Within five business days from receipt of the
application, t he authorized body for registration matters shall make a relevant entry
in the Register of Public Associations.
7. Information about the all -Ukraine status of public associations shall be
annually verified by the authorized body for registration matters based on the data
in the registration card of confirmation of data on a legal entity, the form of which
is approved by the Ministry of Justice of Ukraine .
8. If the authoriz ed body for registration matters determines that a public
association which has confirmed its all-Ukraine status has fewer detached units
than is stipulated by part one of this Article , it shall issue (or mail by registered
letter with a notification of re ceipt) a written notice of grounds for loss of that
status to that public association and make an entry on such notification in the
Register of Public Associations.
9. If in 60 days from the receipt of the written notice under part eight of this
Article th e number of the public association’s detached units according to the
Register of P ublic Associations does not meet the requirements of part one of this
Article , the authorized body for registration matters makes the decision to the
effect that the public a ssociation has lost its all -Ukraine status and makes a
relevant entry in the Register. A copy of the decision is issued (or mail ed by
registered le tter with a notification of receipt) to the public association not later
than the next day after the decision was made.
Article 20. Accreditation of a Detached Unit of a Foreign Nongovernmental
Organization
1. The accreditation in Ukraine of a detached unit of a foreign
nongovernmental organization is the responsibility of the authorized body for
registration m atters. A detached unit of a foreign nongovernmental organization is
accredited in Ukraine without the legal entity status.
2. To accredit a detached unit of a foreign nongovernmental organization in
Ukraine, the organization or its authorized person shall submit (or mail by
registered le tter with a notification of receipt) the following to the authorized body
for registration matters:
1) registration application in accordance with the form approved by the
Ministry of Justice of Ukraine ;
2) a copy of the do cument from a competent body in the foreign country that
confirms the registration of the foreign nongovernmental organization;
3) copies of the constituent documents of the foreign nongovernmental
organization ;
4) a decision of the organization’s authoriz ed body to establish its detached
unit and appoint its chief executive ;
5) two copies of t he charter ( by -laws ) of the detached unit (if the charter or
by -laws are provided for by the decision to establish a detached unit) ;
6) a power of attorney in the nam e of the chief executive of the detached
unit executed in accordance with the law of the country in which the power of
attorney was given;
7) a document in support of the payment of the accreditation fee in the
amount of twenty untaxed minimum incomes of c itizens (except for foreign
nongovernmental organizations exempt from accreditation payment under
international agreements approved by the Verkhovna Rada as binding for
Ukraine) .
3. Documents referred to items 2-6 of part two of this Article shall be
trans lated into the state language and legalized in accordance with Ukrainian law
and with due account of the procedure provided for by the legislation of the
country of the foreign nongovernmental organization.
4. An application for the accreditation in Ukrain e of a detached unit of a
foreign nongovernmental organization shall be considered within twenty business
days from its receipt provided all necessary documents are available.
5. Based on the results of the consideration, the authorized body for
registrati on matters decides to accredit the detached unit of the foreign
nongovernmental organization in Ukraine or deny accreditation or disregard the
documents without examination.
6. In absence of grounds to deny accreditation provided for by part seven of
this Article , the authorized body for registration matters, within the deadlines
stipulated by part four of this Article , shall:
1) make the decision on the accreditation of the detached unit of the foreign
nongovernmental organization ;
2) enter information about the accredited detached unit of the foreign
nongovernmental organization and the organization itself in the Register of Public
Associations ;
3) issue a certificate of accreditation in accordance with the form approved
by the Cabinet of Ministers of Ukra ine, and if the detached unit of the foreign
nongovernmental organization has a charter (by-laws), one copy of the charter (by –
laws) with a mark confirming its accreditation.
7. If t he charter (by -laws) of the detached unit of the foreign
nongovernmental organization or its constituent documents conflict with the
Constitution of Ukraine or applicable laws of Ukraine, the authorized body for
registration matters, within the deadlines stipulated by part four of this Article,
shall make the decision to deny the accreditation of such detached unit. A copy of
the decision to deny accreditation shall be mailed to the applicant by registered
letter with a notification of receipt not later than the next day after the decision was
made .
8. If the submitted documents do not meet the requirements of parts two and
three of this Article , the authorized body for registration matters, within the
deadlines stipulated by part four of this Article, shall make the decision to
disregard the document without consideration and se nd the applicant a copy of that
decision together with the documents submitted for the registration.
9. If changes are made to t he charter (by-laws) of the detached unit of the
foreign nongovernmental organization, or its chief executive or representative is
replaced, or the term of powers of the latter extended, the foreign nongovernmental
organization or a person authorized by it shall inform the authorized body for
registration matters about it in writing within twenty days from such changes are
made or such term of powers is extended. In the event of changes to the charter of
the detached unit of the foreign nongovernmental organization, its accreditation
may be denied on grounds determined by part seven of this Article. A copy of the
decision to deny ac ceptance of the notice about changes to the charter is se nt to the
applicant by registered letter with a notification of receipt not later than the next
day after the decision was made .
Section ІІІ. The Rights and Duties of P ublic Associations
Article 21. The Rights of P ublic Associations
1. To realize its purpose (goals), a public association shall have the right to :
1) freely dis seminate information about its activity, promote its purpose
(g oals) ;
2) address bodies of state power, the bodies of power of the Autonomous
Republic of Crimea, and local self -government bodies, their officers and
employees with proposals (criticism), requests (petitions), and complaints in
accordance with establishe d procedure;
3) obtain, in accordance with established procedure , public information at
the disposal of the authorities and other public information holders ;
4) take part, in accordance with established procedure , in the drafting of
normative legal documents of the bodies of state power, the bodies of power of the
Autonomous Republic of Crimea, and local self -government bodies that are related
to the sphere of activity of the public association and important is sues of state and
public life ;
5) hold peaceful gatherings ; and
6) exercise other rights not prohibited by the law .
2. A p ublic association with the legal entity status shall the right :
1) to be a participant in civil- law relations, acquire property and non –
property rights in accordance with the law ;
2 ) to conduct, in accordance with the law, entrepreneurial activity directly, if
this is provided for by its charter, or via legal entities (companies, enterprises)
created in accordance with the established procedure, if such activity is in line with
the p urpose (goals) of the public association and promotes their realization.
Information about the conduct of entrepreneurial activity by the public association
shall be entered in the Register of Public Associations ;
3) to found mass media organs for the realization of its statutory purpose
(goals) ;
4) to take part in the implementation of state regulatory policy in accordance
with the L aw of Ukraine On the Principles of State Regulatory Policy in the
Sphere of Economic Activity ;
5) to take part, in accordance with established procedure , in the work of
consultative, advisory and other auxiliary organs established by bodies of state
power, the bodies of power of the Autonomous Republic of Crimea, and local self –
government bodies for consultations with public ass ociations and prepare
recommendations related to the sphere of their activity .
3. A public association with the legal entity status and a legal entity
(company, enterprise) established by it may be a public contractor, in accordance
with the law .
Article 22. Principles of Interaction of P ublic Associations with Bodies of
S tate Power, the Bodies of Power of the Autonomous
Republic of Crimea, and L ocal Self-government Bodies
1. The State shall ensure that the rights of public associations are observed.
2. Interference of bodies of state power, the bodies of power of the
Autonomous Republic of Crimea, and local self -government bodies, their officers
and employees into the activity of public associations, as well as interference of
public associations into the activity of bodies of state power, the bodies of power
of the Autonomous Republic of Crimea, and local self -government bodies, their
of ficers and employees is not allowed, except for instances provided for by the
law .
3. Bodies of state power, the bodies of power of the Autonomous Republic
of Crimea, and local self -government bodies may engage public associations in the
design and implementation of state policy and the solution of local problems, in
part, by means of consultations with public associations on important issues of
state and public life, the development of draft normative legal documents, and the
establishment of consultative, advisory and other auxiliary organs under bodies of
state power, the bodies of power of the Autonomous Republic of Crim ea, and local
self -government bodies, in the work of which representatives of public
associations will be taking part.
4. The holding, in accordance with established procedure, of consultations
with public associations about draft normative legal documents related to the legal
status, activity and funding of public associations shall be obligatory .
5. State control and oversight of the observance of the law by public
associations shall be the responsibility of executive and local self -government
bodies in accordance with established procedure .
Article 23. Financial Support and Reporting
1. Public associations with the legal entity status are entitled to receiving
financial support from the State Budget of Ukr aine and local budgets in
accordance with the la w.
2. Public associations receiving financial support the State Budget of
Ukraine and local budgets shall submit and publish reports on the use of such
funds for designated purposes in accordance with the law.
3. A public association with the legal entity status and any legal entities
(companies, enterprises) established by it shall keep accounting records and make
financial and statistical reports, be registered with state taxation service bodies and
make obligatory payments to the budget in accordance wit h the law. Any benefits,
including taxation benefits, may be granted to public associations and legal entities
(companies, enterprises) established by them on grounds and in accordance with
the procedure established by the law .
Article 24. Property of a Public Association
1. To realize its statutory purpose (goals), a public association with the legal
entity status shall have the right to own, use and dispose of funds and other
property which, in accordance with the law , may be transferred to it by its
me mbers (participants) or the S tate, acquired as membership fees, donated by
citizens, enterprises, establishments and organizations, acquired as a result of its
own entrepreneurial activity or that of the legal entities (companies, enterprises)
established by it, as well as property acquired with its own funds, temporarily
transferred for use (except for management), or on other grounds not prohibited by
the law.
2. The ownership right s of a public association with the legal entity status
are realized by its higher governing body in accordance with the procedure
established by the law and the public association ’s charter. Individual functions
related to property management may, by decision of the higher governing body of
the public association, be delegated to its duly established governing bodies, legal
entities (companies, enterprises) , or detached units of such associations, or
delegated to public unions established by such public associations.
3. In the event of the public association’s voluntary dissolution, its property
and funds after satisfying creditors’ demands shall be transferred, by decision of
that association , to other public association(s), or, if such decision is not adopted,
shall be added to the state or local budget in accordance with the la w.
4. In the event of the public association’s reorganization, its property, assets
and liabilities shall be transferred to its legal successor .
Section ІV. Specific Aspects of Termination of Public Associations
Article 25. Methods of Terminati ng a P ublic Association’s Activity
1. The activity of a public association may be terminated:
1) by decision of the public association, adopted by its higher governing
body , or by voluntary dissolution, or by reorganization by means of acceding to
another public as sociation of the same status ;
2) by court decision on the prohibition (enforced disbandment) of the public
association.
2. The termination of a public association with the legal entity status entails
the termination of that legal entity in accordance with the procedure established by
the Law of Ukraine On State Registration of Legal Entities and Physical Persons –
Entrepreneurs, with due account of the specific aspects provided for by this Law.
3. If the value of the property of a public association with the legal entity
status, which directly engages in entrepreneurial activity and regarding which a
liquidation decision was made, is insufficient to satisfy creditors’ demands, the
liquidator (liquidation committee) shall file a bankruptcy petition against that
public association to a commercial court in accordance with the L aw of Ukraine
On Restoring a Debtor’s Solvency or Recognizing It Bankrupt .
Article 26. Voluntary Termination of a Public Association ’s Activity
1. A p ublic association is entitled to m ake the decision on terminating its
activity ( voluntary dissolution ) at any time .
2. The activity of a public association without the legal entity status is
deemed terminated from the date of the receipt by the authorized body for
registration matters of a notice about such a decision from the person entitled to
represent that association. Based on the notice, the authorized body for registration
matters enters information about the association’s termination of activity to the
Register of Public Associations .
3. The decision about voluntary dissolution is adopted in accordance with
the procedure established by the public association ’s charter. The higher governing
body, which made the decision, shall establish a liquidation committee or instruct a
governing body to exercise the powers of a liquidation committee until the
termination of the public association as a legal entity is completed, and adopt a
decision about the use of funds and property of the public association after its
liquidation in accordance wi th the charter .
4. The public association submits (mails) its decision on voluntary
dissolution of the public association to the authorized body for registration matters,
attaching the following:
1) an original of the certificate of registration of the public association (or its
duplicate copy) ;
2) an original of the charter of the public association (or its duplicate copy );
3) a registration card for state registration of the termination of a legal entity .
5. Within ten business days from the date of recei pt of the documents
referred to in part four of this Article, t he authorized body for registration matters
shall make the decision to recognize or refuse to recognize the public association’s
decision on voluntary dissolution.
6. If based on the results of the consideration of the documents referred to in
part four of this Article it is established that there are no violations of the
requirements of this Law, the Law of Ukraine On State Registration of Legal
Entities and Physical Persons – Entrepreneurs, and t he charter of the public
association, the authorized body for registration matters shall see to it that a
relevant entry is made in the Integrated State Register of Legal Entities and
Physical Persons – Entrepreneurs and make an entry about the aforemen tioned
decision of the public association in the Register of Public Associations.
7. If based on the results of the consideration of the documents referred to in
part four of this Article it is established that there exist violations of requirements
of thi s Law, the Law of Ukraine On State Registration of Legal Entities and
Physical Persons – Entrepreneurs, and the charter of the public association, the
authorized body for registration matters shall make its decision in the form of an
order to refuse to recognize the public association’s decision on voluntary
dissolution. A substantiated opinion containing exhaustive reasons for refusal shall
be attached as part and parcel of such decision. A copy of said decision shall be
issued (mailed by registered letter with a notification of receipt) to the public
association not later than the next day after the decision was made.
8. The termination of the public association as a legal entity begins and the
liquidation committee acquires its powers from the date an entry about the public
association’s decision on its voluntary dissolution is entered in the Integrated State
Register of Legal Entities and Physical Persons – Entrepreneurs.
9. From the date an entry about the public association’s decision on its
voluntary d issolution is entered in the Integrated State Register of Legal Entities
and Physical Persons, the public association cannot cancel that decision .
10. Refusal to recognize a public association’s decision on its voluntary
dissolution renders that decision i neffective.
11. The termination of a public union shall not entail that of the legal entities
– its members.
Article 27. Reorganization of a P ublic Association
1. A public association with the legal entity status may reorganize by
acceding to another public association of the same status. Reorganization shall take
place on the basis of the public association’s decision to terminate its activity and
accede to another association, and the decision of the other association to give
consent to such accession.
2. If a public organization or public union joins a public union, this shall not
be a case of reorganization and shall not entail termination of the public
association’s activity .
3. A reorganized public association notifies the authorized body for
registr ation matters about its decision to reorganize by accession, attaching the
following:
1) the decisions referred to in part one of this Article ;
2) the documents of the acceding public association referred to in part four
of Article 26 of this Law;
3) the documents of the public association being acceded to, referred to in
Article 14 of this Law, if the public association changes its charter and/ or name as
a result of the accession .
4. If based on the results of the consideration of the documents referred to in
part three of this Article it is established that there are no violations of the
requirements of this Law, the Law of Ukraine On State Registration of Legal
Entities and Physical Persons – Entrepreneurs, and the charter s of the public
associations , the authorized body for registration matters shall see to it that
relevant entr ies are made in the Integrated State Register of Legal Entities and
Physical Persons – Entrepreneurs and make an entry about the public association s’
decisions referred to in part one of this Article in the Register of Public
Associations.
5. If based on the results of the consideration of the documents referred to in
part three of this Article it is established that there exist violations of requirements
of this Law, the Law of Uk raine On State Registration of Legal Entities and
Physical Persons – Entrepreneurs, and the charters of the public associations, the
authorized body for registration matters shall make its decision in the form of an
order to refuse to recognize the public association’s decision on reorganization. A
substantiated opinion containing exhaustive reasons for refusal shall be attached as
part and parcel of such decision. A copy of said decision shall be issued (mailed by
registered letter with a notification of r eceipt) to the public association not later
than the next day after the decision was made.
6. The termination of the public association begins from the date the
authorized body for registration matters performs acts referred to in part four of
this Article . From that time on, the governing body of the public association may
only exercise the powers of a reorganization committee if such powers were
granted to it by the higher governing body of the public association.
7. From the date the authorized body for registration matters accepts the
decision referred to in part four of this Article, the decisions on the reorganization
of the public association cannot be cancelled by the respective associations.
8. Refusal to recognize the decision on the reorganization of the public
renders the said decision ineffective and, as a result, the public associations
continue with their independent operation.
Article 28. Prohibition of a P ublic Association
1. A public association may be prohibited by a court of law at the suit by the
authorized body for registration matters if indications of the violation by the public
association of the requirements of articles 36, 37 of the Cons titution of Ukraine
and/or Article 4 of this Law have been found. The prohibition of the public
association entails its termination in accordance with the procedure established by
this Law and its removal from the Register of P ublic Associations .
2. The case of prohibition of a public association shall be considered in
accordance with the procedure p rovided for by the Code of Administrative Court
Procedure of Ukraine .
3. If the decision about the prohibition of the public association is made, its
property, funds and other assets shall be transferred to the state budget by decision
of the court.
4. In pursuance of the court decision to prohibit the public association, the
authorized body for registration matters makes an appropriate entry in the Register
of Public Associations. Termination of the activity of the public association in
respect of which th e prohibition decision was made shall take place in accordance
with the procedure determined by Article 29 of this Law.
5. Other grounds for the prohibition of the activity of a public association
than those referred to in part one of this Article are not allowed .
Article 29. Procedure of Termination of a Public Association
1. Termination of a public association shall include :
1) termination of any internal activity of the public association; and
2) termination of the public association as a legal entity.
2. Termination of the activity of a public association begins from the day
stipulated by part eight of Article 26, part six of Article 27 of this Law , from the
day the court decision on the prohibition of that public association takes effect .
Membership ( participation) in such public association terminates from that date as
well .
3. Termination of the internal activity of the public association, including
the transfer of its documents to appropriate archive centers, shall take place within
60 days from the date referred to in part two of this Article . During that time, all
management of the public association’s current activities, aimed at terminating its
operation , shall be the responsibility of the public association’s governing body .
After the said activity is finished, the governing body of the public association
shall cease its work (with the exception of the liquidation/reorganization
committee powers it was granted) .
4. A public association cannot stop or cancel its termination as a legal entity
after the day referred to in part two of this Article .
5. If a court of law makes the decision to terminate the legal entity of the
public association for reasons provided for by the Law of Ukraine On State
Registration of Legal Entities and Physical Persons – Entrepreneurs, the public
association within six months notifies the authorized body for registration matters
in no particular form about its continuation of activity without the legal entity
status and provides information about the person or persons auth orized to represent
the public association to the extent provided for by item 3 of part two of Article 16
of this Law.
6. If the authorized body for registration matters does not receive a notice
from the public association about its continuation of activi ty without the legal
status, it shall make an entry in the Register of P ublic Associations about the
termination of activity of the public association .
Article 30. Termination of a Detached Unit of a Foreign Nongovernmental
O rganization
1. The activity of a detached unit of a foreign nongovernmental organization
shall be terminated on the following grounds :
1) decision of the foreign nongovernmental organization, the detached unit
of which is accredited in Ukraine ;
2) decision by the authorized body for r egistration matters in the event of
expiry of the power of attorney given the chief executive of the detached unit of
the foreign nongovernmental organization, executed in accordance with the law of
the country in which the power of attorney was given ; or
3) the decision of the court to prohibit the detached unit of the foreign
nongovernmental organization.
2. The authorized body for registration matters shall make in the Register of
P ublic Associations an entry about the termination of the detached unit of the
foreign nongovernmental organization based on the written notice from the foreign
nongovernmental organization within three business days from its receipt.
3. The authorized body for registration matters makes an entry about the
termination of a detac hed unit of a foreign nongovernmental organization in the
Register of Public Associations if the power of authority is not extended or re –
issued for a new term within 30 days from the date the previous term expired.
4. The activity of a detached unit of a foreign nongovernmental organization
may be prohibited by a court of law if that detached unit violates provisions of
Articles 36, 37 of the Cons titution of Ukraine , Article 4 of this Law, or provisions
of the laws instituting restrictions on the establish ment and activity of public
associations in the interest of national security and public order, the protection of
health of the population or protection of rights and freedoms of other people, at the
suit of the authorized body for registration matters.
5. The case of prohibition of a detached unit of a foreign nongovernmental
organization shall be considered in accordance with the procedure provided for by
the Code of Administrative Court Procedure of Ukraine .
6. If the accreditation of a detached unit of a foreign nongovernmental
organization is terminated, the authorized body for registration matters shall make
the decision to cancel the relevant entry in the Register of P ublic Associations .
Article 31. Liability for Violation of the Law
1. Officers of the bodies of state power, the bodies of power of the
Autonomous Republic of Crimea, and local self -government bodies, citizens,
foreigners, and persons without citizenship shall be liable for violating the
legislation on public associations in accordance with the procedure established by
the law .
2. Public associations and detached units of foreign nongovernmental
organizations shall be liable for violating the law to the extent provided for by this
and other laws of Ukraine .
3. Participation in the activi ty of a public association or a detached unit of a
foreign nongovernmental organization whose activity has been prohibited by a
court of law entails administrative responsibility if the law does not provide for
other legal liability .
Section V. Concluding and Transitional Provisions
1. This Law takes effect on the following day after its publication date and is
put into force from January 1, 2013.
2. The following shall lose effect from the date this Law is put into force:
The Law of Ukraine On Citizens Associations (Verkhovna Rada Gazette,
1992, # 34, p. 504; 1993, # 46, p. 427; 1998, # 10, p. 36; 1999, # 26, p. 220; 2001,
# 9, p. 38, # 44, p. 232; 2003, # 27, p. 209, # 30, p. 247; 2005, # 11, p. 205, # 51, p.
550; 2006, # 26, p. 215; 2008, # 25, p. 240; 2009, # 32 – 33, p. 485; 2010, # 37, p.
496; 2011, # 6, p. 41);
The Resolution of the Verkhovna Rada of Ukraine On the Procedure of
Putting in Force of the Law of Ukraine On Citizens Association (Verkhovna Rada
Gazette , 1992, # 34, p. 505).
3. The rights a nd duties established by the laws of Ukraine for public
organizations shall extend to all public associations .
4. Public organizations and their unions (amalgamations, associations and
other types of public organizations ), legalized by registering or sendi ng a notice of
establishment at the date this Law was put into force , shall not require re –
registration or a new submission of documents for the notice, respectively . The
charter s (by -laws ) of public organizations or unions of public organizations shall
be harmonized with this Law within five years from the date it is put into force.
Amendments to t he charter (by -laws), related to the putting of this Law into force,
shall be registered without payment for registration acts within five years from the
date th is Law is put into force .
5. Requirements of Article 10 of this Law do not extend to public
organizations and their unions (amalgamations, associations and other types of
public organizations), which at the date this Law was put into force were legalized
b y:
1) registration – prior to the adoption by such organizations or unions of
decisions regarding their change of name ; or
2) sending a notice of establishment – prior to the adoption by such
organizations or unions of decisions regarding their change of name or their
registration as legal entities.
6. In applying the provision of part four of Article 10 of this Law regarding
the requirement that the per sonal name of the public association differ from those
of other public associations , the personal names of those public associations are
taken into account which informed appropriate authorities about their existence or
entered changes to their names after this Law was put into force, and of all
registered public associations.
7. All -Ukraine and international public associations registered by the date
this Law was put into force shall be deemed public organizations which have
confirmed their all- Ukraine status. Local chapters of such public organizations
may be regarded, for the purposes of parts seven- nine of Article 19 of this Law, as
their detached units during the term provided for by item 8 of this section.
8. The legal status of local chapters of those public organizations which
were operating on the legal entity basis at the date this Law was put into fo rce shall
be brought in to line with this Law within five years from the date it was put into
force. A decision to terminate such chapters as legal entities is made by the higher
governing body of the public organization. The relevant public organization is legal
successor to the property, assets and liabilities of such chapters .
9. From the date this Law is put into force, the unions of public
organizations (amalgamations, associations and other types of public
organizations) which were legalized by the dat e this Law was put into force shall
be regarded as public unions established pursuant to this Law and which retain all
the rights and obligations they had at the date this Law was put into force provided
such rights and obligations do not conflict with this Law.
10. For two years from the date this Law is put into force, public
organization s and their unions (amalgamations, associations and other types of
public organizations) , except for public organizations and unions registered with
the executive bodies of village, settlement and town councils, have the right to
request the executive body which was in the process of register ing them before this
Law was put into force that their files be transferred to the authorized body for
registration matters in the ar ea they are based so that appropriate registration acts
could be performed. The registration file shall be transferred to the relevant
executive body within three business days from the receipt of the application. After
a two years ’ term, the executive bodies which registered public organizations and
unions before this Law was put into force shall see to it that the registration files of
the public organizations and unions are sent to authorized bodies for registration
matters in the areas they are based .
1 1. Public organization s and their unions (amalgamations, associations and
other types of public organizations), legalized by the date this Law was put into
force, shall submit (or mail) documents needed for the performance of registrations
acts to the auth orized body for registration matters in the area they are based. The
deadline for consideration of the notice of changes to the charter, in the
composition of the governing bodies or in the address of the p ublic organizations
and unions referred to in this item shall be extended to allow for the mailing time.
For the purpose of forming registration files of public organizations and unions
registered with the executive bodies of village, settlement and town councils,
documents shall be submitted together wit h copies of their charters (by-laws) and
certificates of registration of the public organization or union, with the seal of such
organization or union affixed.
12. The executive bodies of village, settlement and town councils, which
exercised their delega ted powers to register public organizations, shall ensure, by
the date this Law is put into force, the transfer of all information about public
organizations registered (legalized) by relevant executive bodies by the date this
Law is put into force to the authorized body for registration matters, together with
information regarding any registration acts they will have performed from the date
this Law takes effect to the date it is put into force . In the event of inconsistency
between the information supplied by the executive bodies of village, settlement
and town councils and that presented by public organizations and unions under
item 11 hereof, the authorized body for registration matters shall consider the
information supplied by the executive bodies of village, settlement and town
councils.
13. Public organizations legalized by sending a notice of establishment by
the date this Law is put into force s hall appoint, within six months from the date
this Law is put into force, a person or persons authorized to represent them, in
keeping with part six of Article 9 of this Law, and submit the information about
that person or those persons that is required by item 3 of part two of Article 16 of
this Law to the authorized body for registration matters.
14. To ensure proper conditions for the implementation of this Law, the
Cabinet of Ministers of Ukraine shall :
1) prepare and submit, within six months from the date this Law takes
effect, proposals on changes to the laws of Ukraine in connection with the
adoption of this Law to the Verkhovna Rada for consideration;
2) take measures to bring normative legal documents into line with this Law
and ensure that they take effect concurrently with the putting of this Law into force,
by means of :
a) bringing its normative legal documents into line with this Law and
adopting normative legal documents provided for by this Law ;
b ) ensuring that ministries and other Cabinet -level departments bring their
normative legal documents into line with this Law and normative legal doc uments
provided for by this Law;
c) determining the procedure of maintaining the Register of P ublic
A ssociations and exchanging new information between the Register and the
Integrated State Register of Legal Entities and Physical Persons – Entrepreneurs;
3 ) ensur e, by the date this Law is put into force, that the Register of P ublic
A ssociations functions on the basis of the Integrated Register of Public Groupings ;
and 4) take other measures for the implementation of this Law .