Law on Non-Governmental Noncommercial Organizations

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  • Country: Uzbekistan
  • Language: English
  • Document Type: Domestic Law or Regulation
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LAW OF THE REPUBLIC OF UZBEKISTAN ON
NON-GOVERNMENTAL, NON-COMMERCIAL ORGANIZATIONS

PART I. GENERAL PROVISIONS

Article 1. The Purpose of This Law

The purpose of this Law shall be regulation of the operations of a non-
governmental, non-commercial organization as well as international non-governmental,
non-commercial organizations, representationa l offices and the affiliates of foreign non-
governmental, non-commercial organizations on the territory of the Republic of
Uzbekistan.

Article 2. Definition of a Non-Gove rnmental, Non-Commercial Organization

A non-governmental, non-commercial orga nization established on the voluntary
basis of natural and legal persons; shall not pursue gaining income (profits) as the main
purpose of its activities, and shall not distri bute income (profits) among its participants
(members).

A non-governmental, non-commercial organi zation can be established to carry
out charitable activities; achieve social
, cultural and educational goals; satisfy spiritual
and other non-material needs; protect rights and lawful interests of natural and legal
persons, and; carry out other public benefit purposes.

Article 3. Legislation on No n-Governmental, Non-Commercial
Organizations

Legislation on non-governmental, non-commer cial organizations shall consist of
this Law and other legislative acts.

Peculiarities of creation, activities, re organization, and liquidation of political
parties, trade unions, religious organizati ons, and of some other non-governmental, non-
commercial organizations shall be regulated by special laws. If the special laws fail to
regulate certain terms in the operation
of non-governmental, non-commercial
organizations, provisions of this Law shall be applied to them.

If an international treaty of the Repub lic of Uzbekistan provides for other rules
than those established in the legislation of the Republic of Uzbekistan on non-
governmental, non-commercial organizations, the rules of the international treaty should
prevail.

Deleted: satisfy spiritual
Deleted: protect rights
Deleted: ; carry
Deleted: the operation

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Article 4. Relations between Non-Governmental, Non-Commercial
Organization and Government Bodies
The state shall observe the rights
and lawful interests of a non-governmental, non-
commercial organization. The state shal l create equal legal opportunities for a non-
governmental, non-commercial organizati on to participate in social life.

The state can provide support to sepa rate public benefit programs of non-
governmental, non-commercial organizations.
Interference of state agencies and their officials in the activities of a non-
governmental, non-commercial organizati on, as well as interference of non-
governmental, non-commercial organization in the activities of state agencies and
officials, is prohibited

Article 5. International Links of a Non-Governmental, Non-Commercial
Organization

In accordance with this legislation and the organization’s charter
, a non –
governmental, non-commercial organization can join international non-governmental,
non-commercial organizations; it can also ma intain direct international links, and
accordingly enter into agreements on cooperation.

PART II. LEGAL STATUS OF NON-COMMERCIAL AND NON-
GOVERNMANTAL ORGANIZATION , ITS RIGHTS AND DUTIES

Article 6. Legal Status of a Non-Governmental, Non-Commercial
Organization
A non-governmental, non-commercial or ganization is a legal entity.

A non-governmental, non-commercial or ganization is established without
limitation on the term of its activities, if otherwise is not provided in its founding
documents.

Article 7. Rights of a Non-Governme ntal, Non-Commercial Organization

A non-governmental, non-commercial or ganization shall have the right:

to represent and defend the rights and lawful interests of its members and
participants;

to present initiatives on different issues of social life and to introduce proposals
to the state authorities and administrative agencies;

Deleted: shall observe
Deleted: the
Deleted: rights
Deleted: prohibitted
Deleted: organization’s charte
r
Deleted: a non
Deleted: founding documents.

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to participate in developing the decisions of state authorities and administrative
agencies by the order established in governing legislation;

to distribute information about its activities;

to found mass media and carry on publishing activities according to the
established procedures;

to establish ownership structures in order to carry out the by-law
purposes of the non-governmental, non-commercial organization;

to create its symbols;

to organize meetings, conferences relative to its activities;

to establish affiliations and to open re presentational offices in compliance with
the legislation;

non-governmental, non-commer cial organizations also benefit from other rights
as provided by law .
Non-governmental, non-commercial organization also has
other rights established
in the law.

Article 8. Duties of a Non-Govern mental, Non-Commercial Organization

A non-governmental, non-commercial organization must:

abide by law;

insure the access to information on the us age of its property and monetary assets;

insure the access to all activities to the authority, which carried out the
registration of a non-government al, non-commercial organization;

submit annual reports about its acti vities to tax and statistic bodies;

Non-governmental, non-commercial organi zation bears other duties established
by law .

Article 9. Affiliations and Represen tation Offices of Non-Governmental,
Non-Commercial Organizations.

Deleted: organization also have

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A representational office of a non-governmental, non-commercial organization is
an independent subdivision located outside the main office , which represents the
interests of the non-governmental, non-comme rcial organization and implements its
defense.
An affiliation of a non-governmental , non-commercial organization is an
independent subdivision located outside its loca tion, carrying out all its functions or their
part including the functions of a representation.
Representational offices and affiliate s of non-governmental, non-commercial
organizations can obtain status of a legal entity from the moment of their governmental
registration.

Article 10. Legal Organizational Forms of Non-Governmental, Non-
Commercial Organizations

Non-governmental, non-commercial organiza tions can be established in the form
of a public association, a public foundation, an institution, and in other forms provided by
legislative acts.

In order to coordinate their activities a nd the representation and defense of their
common interests, non-governmental, non-co mmercial organizations can together
establish an association ( union).

Article 11. Public Association

A public association is recognized as a voluntary association of citizens, who
have joined based on their common interests and for the purpose of satisfying their
spiritual and other non-material needs.

Members of a public association shall not retain the property rights to assets
transferred
to the association, including membership fees. Members are not liable for
obligations taken by the public association, as well as this association is not liable for
personal obligations of its members.

Article 12. Public Foundation

A public foundation is recognized as an organization without membership,
founded by natural and (or) legal pers ons on the basis of voluntary property
contributions. A public foundation pursues char itable, social, cultural, educational, or
other public benefit purposes.

Deleted: transeferred

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Assets transferred to the public foundation by its founders constitute the property
of the foundation. Founders shall not be liable for obligations of the foundation they
establish, and the foundation shall not be liable for personal obligations of its founders.

A public foundation shall use its property fo r the purposes defined in its charter.

A public foundation annually shall publish reports about the use of its property.

Article 13. Institution

An institution is recognized as a non-go vernmental, non-commercial organization
established by natural and (or) legal persons for conducting social and cultural, and other
functions of non-commercial nature.

Article 14. International Non- Governmental, Non-Commercial
Organizations

An international non-governmental, non-commercial shall be considered an
international organization, if its activities, acc ording to its charter and the legislation of
the Republic of Uzbekistan, are carried out on the territory of the Republic of Uzbekistan
and one or more foreign countries.

PART III. CREATION, REORGANIZATION, AND LIQUIDATION OF A
NON-GOVERNMENTAL, NON-COMMERCIAL ORGANIZATION

Article 15. Creating a Non-Governme ntal, Non-Commercial Organization

A non-governmental, non-commercial or ganization shall be established by
decision of its founders (members) in compliance with the legislation.

Associations or unions of non-governme ntal, non-commercial organizations can
be created on the initiative of two or more non-governmental, non-commercial
organizations.

Initiators or founders of a non-governme ntal, non-commercial organization shall
call a founding assembly (conference) or a gene ral meeting, where the charter is adopted
and where the governing bodies are formed.

A non-governmental, non-commercial or ganization is considered to be
established from the date of its registration.

Deleted: Assets transferred to the
public foundation by its founders
constitutes

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Article 16. By-law Documents of a Non-Governmental, Non-Commercial
Organization

By-law documents of a non-governmental , non-commercial organization shall be:

charter approved by the founders (members);

“establishing agreement”, which forms an association (union), signed by
founders,

Requirements stated in organizational documents of a non-governmental, non-
commercial organization shall be obligator y for the non-governmental, non-commercial
organization itself and its founders and participants (members).
In an “establishing agreement” the pa rties (founders) commit to creating an
association (union) of non-governmental, non- commercial organizations. They shall
define the
order of joint activities aimed to establis h this association (union), the terms of
transfer of their property to the association ( union), and the terms of their participation in
the activities and management of this non-go vernmental, non-commercial organization,
as well as the terms of termination of the membership in it. “Establishing agreement” can
also include other terms as agreed by the founders.

Article 17. Charter of a Non-Govern mental, Non-Commercial Organization

A charter of a non-governmental, non-co mmercial organization must state:

name, goals and purposes of the non-governmental, non-commercial
organization,
its organizational legal form,
the territory within the limits of which it carries out its activities, its structure and
governing bodies of the non-gove rnmental, non-commercial
organization, and, if necessary, its controlling body (obligatory for social
foundations) or obligation to involve auditors (auditing agencies);

authority and the procedure of forming governing bodies, terms of their offices,
location of a permanently operating governing body;

terms and procedure of acqu iring/ terminating the membership, and rights and
duties of members– for organizations with fixed membership;

sources of forming monetary funds and other property, rights of the non-
governmental, non-commercial organization, and structure of property
management for its subdivisions;

procedure of reorganization and liquidation of the non-governmental, non-

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commercial organization;

procedure of introducing changes and amendments into the charter.

charter of a non-governmental, non-commercial organization can also contain
description of its symbols.

Charter may also contain any other provisions in relations to activities of non-
governmental, non-commercial organization which do not contradict legislation.

Article 18. General Requirements to Founders, Participants (Members) of a
Non-Governmental, Non-Co mmercial Organization

Founders, participants (members) of a non-governmental, non-commercial
organization can be a natural pe rson over 18 years of age, as well as legal entities, if
otherwise is not stipulated in legislation.
Members of a youth non-governmental, non-commercial organization can be
persons over 14 years of age, and members of a children’s non-governmental, non-
commercial organization can be persons over 10 years of age. Conditions and procedure
of acquiring and terminating the membership including conditions of termination of
membership due to age of a member, shall be defined in charters of appropriate non-
governmental, non-commercial organizations.

The requirement to state one’s membership or participation in a non-
governmental, non-commercial organization in official documents is prohibited.
Participation or non-participation of citi zens in non-governmental, non-commercial
organizations cannot be considered as grounds for restriction of their rights and
freedoms.

Foreign citizens and persons without citizenship equally with citizens of the
Republic of Uzbekistan can become founde rs and participants (members) of a non-
governmental, non-commercial organization, ex cept for the cases defined by legislation
and international treaties of the Republic of Uzbekistan.

Article 19. Symbols of a Non-Govern mental, Non-Commercial Organization

A non-governmental, non-commercial organi zation can have a flag, emblem, or a
pennant, and other symbols. Symbols of a non-governmental, non-commercial
organization shall not coincide with state symbols.
Symbols of a non-governmental, non-commerc ial organization shall be subject
for approval by its governing body, in accordance w ith its charter, and they shall also be
subject to state registration.

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Article 20. Re-organization of a Non-Governmental, Non-Commercial
Organization

Reorganization of non-governmental, non-commercial organization may be
carried out based on the decision of its highe st body in the way of merger, joining,
dividing, separating, or modifying.

Re-organization of non-governmental, non-commercial organization shall be
carried out according to procedur e established in legislation.

PART IV. PROCEDURE FOR STATE REGISTRATION OF NON-
COMMERCIAL, NON-GOVERNEMENTAL ORGANIZATION

Article 21. State Registration of a Non-Governmental, Non-Commercial
Organization

The state registration of a non-governmental, non-commercial shall be carried out
by the body of the Ministry of Justice.

International non-governmental, non-commer cial organizations, representational
offices and affiliates of foreign non-govern mental, non-commercial organizations acting
in the Republic of Uzbekistan, and re public, inter-regional non-governmental, non-
commercial organization shall be registered with the Ministry of Justice of the Republic
of Uzbekistan.
A non-governmental, non-commercial orga nization which activities are expanded
to a territory of an oblast, region, city, settle ment, a village, or an aul shall be registered
with the Ministry of Justice of the Republic of Karakalpakstan, oblast and Tashkent City
departments of the Ministry of Justice.
A body, which carried out registration of the non-governmental, non-commercial
organization, shall carry out control so th at its activities comply with its by-law
purposes.

Article 22. Documents Required for Registration of a Non-Governmental,
Non-Commercial Organization
The following documents shall be presented by a non-governmental, non-
commercial organization to be registered:
application signed by members of a managing body of the non-governmental,
non-commercial organization, which shall s tipulate the last name, first name, and

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middle name, the year, place of birth, place of residence of each of them;

charter of a non-governmental, non-commercial organization in two copies;

minutes of the founding assembly (conference) or general meeting, which shall
contain information; about the creation of the non-governmental, non-commercial
organization; about the members; about a pproval of its charter, and; about the
formation of governing bodies and other organs ;

receipt from a bank proving payment of registering fee.

Documents for state registration shall be submitted within two months from the
date of a founding assembly (conference) or general meeting, which adopted the
decision to register the non-governme ntal, non-commercial organization.
State registration of affiliations a nd representational offices of a non-
governmental, non-commercial organization shall be held by the appropriate Ministry of
Justice bodies, on the basis of documents s ubmitted by a representational office or
affiliation, and signed by a central governing body of the non-governmental, non-
commercial organization, and a notarized copy of the certificate of the state registration
of the non-governmental non-commercial organization.

Recording of representational offices or affiliations of a non-governmental, non-
commercial organization which doe s not have status of legal entity, shall be carried out
based on the documents presented and a pproved by the central governing body of the
non-governmental, non-commercial organization, together with a notarized copy of the
certificate of state registration of non-go vernmental, non-commercial organization.

It is necessary to submit a copy of the certificate of registration of its head
organization and the charter translated into the state language in order to register a
representational office and affiliation of in ternational non-governmental, non-commercial
organization.

Article 23. Decision on Governmental Registration of a Non-Governmental,
Non-Commercial Organization
The body of the Ministry of Justice (agency) that receives documents for the
governmental registration of a non-government al, non-commercial organization, shall
consider and make a governmental decision on registration or refusal to register a non-
governmental, non-commercial organization within two months of receipt. Within three
days from the moment of making the decision, this agency shall give to the founders a
certificate of state registration or the refusal of state registration. A refusal shall contain a
list of the laws and the violations, which justified the refusal.

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Article 24. Data Entry of Non- Governmental, Non-Commercial
Organizations in the Unified State Register

Non-governmental, non-commercial organiza tions that passed state registration
shall be entered in the Unified State Register of legal entities which shall be open to all
public witnesses.

The Unified State Register of legal entities shall contain the following
information:
date of foundation;
appellation and location;
governing bodies;
names of persons who are authorized to act as representatives;
sphere of activities.

Article 24. Grounds for Refusal to Register a Non-Governmental, Non-
Commercial Organization
A refusal to register a non-governmental , non-commercial organization can be
given if:
the founding documents of a non-governme ntal non-commercial organization
state purposes of a forced change of the Constitutional system, undermining
sovereignty, integrity and safety of the Re public of Uzbekistan, restriction of the
constitutional rights and freedoms of citizens; if they propagandize war, social,
national, racial and religious enmity; if it encroaches on health and morality of
citizens;

not all required documents are submitted for re gistration, or if they were prepared
in a wrong way;

the documents are submitted after two months since the date of adoption of the
charter;

there is another non-governmental, non-comm ercial organization registered under
the same name;

violation of established by the law proce dure of formation of a non-governmental,
non-commercial organization, or disparity to the law takes place in its by-law
documents;

it is found that the documents filed for registration contains false information
knowingly made by the applicants;

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name or symbols of a non-governmental, non-commercial organization
encroaches on morality, national or religious feelings of citizens;

the by-law documents of a non-go vernmental, non-commercial
organization provides for formation of military units;

State registration of a non-governmental , non-commercial organization can be
refused in other cases when the by-law docum ents contain provisions contradicting the
Constitution of the Republic of Uzbekistan and legislative acts of the Republic of
Uzbekistan.
A refusal to register cannot be base d on the moot creation of a non-
governmental, non-commercial organization.
A refusal to register a non-government al, non-commercial organization does not
bar the re-filing of documents for state registration, on conditions that the reasons
caused the refusal were eliminated.

Considering a repeated appeal filed to a registering body of Justice, and making a
decision on this appeal shall be done in the order provisioned by this Law.

Article 26. Appealing against a Refusa l to Register a Non-Governmental,
Non-Commercial Organization

A refusal to state registration of a non-governmental, non-commercial
organization as well as violations in the terms of registration can be appealed against in a
court of law.

Article 27. Re-registration of a Non-Governmental, Non-Commercial
Organization

Changes and amendments in by-law documents of a non-governmental, non-
commercial organization shall be subject for state registration within the same terms as
the terms for state registration of the non- governmental, non-commercial organization
itself.

In case of re-organization of non- governmental, non-commercial organization
into an international non-governmental, non-co mmercial organization or in its affiliation
the re-registration shall be obligatory.

PART V. ECONOMIC BASIS FOR ACTIVITIES OF NON-COMMERCIAL
NON-GOVERNEMENTAL ORGANIZATIONS

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Article 28. Property of a Non-Governmental, Non-Commercial Organization

A non-governmental, non-commercial or ganization can possess buildings,
constructions, living spaces, equipment, inve ntory, and monetary funds, including those
in international currency, securities, and other property.
Property of a non-governmental, non-commer cial organization is protected by
law.
A non-governmental, non-commercial orga nization shall be liable for its
obligations by its property, to which a claim ca n be made in compliance with legislative
acts.

Article 29. Sources of Forming a Pr operty of a Non-Governmental, Non-
Commercial Organization
Sources of forming a property of a non-governmental, non-commercial
organization shall be:

initial and regular membership fees, if payment thereof is provisioned in its
charter;

regular and lump contributions from the founders, participants (members);

voluntary property contributions and donations;

income (profits) from entrepreneurial activities used only for the bylaw
purposes;

other sources, not prohibited by law .

Article 30. Types of Activities of a Non-Governmental, Non-Commercial
Organization

A non-governmental, non-commercial or ganization can conduct any type of
activities, that does not contradict law, and th at complies with the purposes declared in its
by-law documents.

Some types of activities can be conducted by a non-governmental, non-
commercial organization only on the basis of licenses. The legislation shall define the
list of these types of activities.

Article 31. Entrepreneurial Activi ties of a Non-Governmental, Non-
Commercial Organization

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A non-governmental, non-commercial organization, can carry on entrepreneurial
activities within the framework of its by-law pur poses in accordance with legislation.

Article 32. Taxation of a Non-Govern mental, Non-Commercial Organization

A non-governmental, non-commercial organi zation shall pay taxes, duties, and
other payments to the budget and non-budgeta ry funds, and shall also benefit from
advantages according to the procedure established by the legislation.

PART VI. CONCLUSION

Article 33. Recording and Report ing of a Non-Governmental, Non-
Commercial Organization

A non-governmental, non-commercial orga nization shall keep records of the
results of its activities, and it shall submit these reports to statistic and tax bodies
according to the established procedure.

Article 34. Suspension of the Acti vities of a Non-Governmental, Non-
Commercial Organization
Activities of a non-governmental, non-com mercial organization can be suspended
by a court decision in case of violation of th e Constitution and legislation of the Republic
of Uzbekistan.
In the case of a violation by a non-govern mental, non-commercial organization of
the provisions of this Law, and in the case of committing actions contradicting an non-
governmental, non-commercial organization’s by- law goals, the Prosecutor General of
the Republic of Uzbekistan, or the Minister of Justice of the Republic of Uzbekistan shall
make a recommendation to the governing bodies of the non-governmental, non-
commercial organization about the violations, and it shall establish a term within which
these violations should be eliminated. If a non-governmental, non-commercial
organization fails to eliminate these violati ons, its activities shall be suspended for the
term of up to 6 months by a decision of a Court, on the basis of the recommendation
suitable to the bodies of prosecution and justice.
Procedure of suspending the activitie s of a non-governmental, non-commercial
organization in the time of emergency on the te rritory of the Republic of Uzbekistan shall
be established by legislation.

Article 35. Consequences of Susp ension of Activities of a Non-
Governmental, Non-Comm ercial Organization

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When activities of a non-governmental, non-commercial organization are
suspended for a term established by a court, suspended also shall be rights of the non-
governmental, non-commercial organization to be a founder of a mass media. This non-
governmental, non-commercial organization shall be prohibited from conducting public
actions, using its bank deposits, with the except to cover expenses needed for economic
activities, labor contracts, damage compensa tion, when damage was caused by the non-
governmental, non-commercial organization’s activities, and for payment of fines.

If within the suspension term established by a court, a non-governmental, non-
commercial organization eliminates the viol ations that served the grounds for the
suspension of its activities, then after expiration of the suspension term the non-
governmental, non-commercial organization can resume its activities. If a non-
governmental, non-commercial organization fails to eliminate the cited violations, a
body, which has filed a recommendation to a court about suspension of the activities of
the non-governmental, non-commercial orga nization, can file a recommendation about
liquidation of this non-governmental, non- commercial organization to a court.

Article 36. Liquidation of a No n-Governmental, Non-Commercial
Organization

Liquidation of a non-governmental, non-co mmercial organization shall be carried
out by a decision of its highest body, or by a court decision.

Founders, participants (members) of a non-governmental, non-commercial
organization or a body, which took a decisi on about liquidation of a non-governmental,
non-commercial organization, shall appoint a liquidation commission on the basis of an
agreement with the body of Justice where state registration took place.

Liquidation of a non-governmental, non-commercial organization shall be
performed in the procedure established by the Civil Code of the Republic of Uzbekistan.
The body of justice, which registered the applying non-governmental, non-
commercial organization, shall make a reco rd to the Unified State Register about
termination of the activities of this non-go vernmental, non-commercial organization
based on the following documents:

application to enter a record on liquidation of a non-governmental, non-
commercial organization into the Unified St ate Register of legal entities (in case
of voluntary liquidation);

decision of an appropriate body about liquidation or termination of the activities
of a non-governmental, non- commercial organization;

charter and other by-law documents of a non-governmental, non-
commercial organization and a certif icate of its state registration;

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liquidation bookkeeping balance, or an endorsement, or a division budget.

After the satisfaction of debts of the liqui dated organization, the remainder cannot be
distributed among the members of the liquidated organization or the members of the
governing bodies, staff members. Distribution of the remainder shall be distributed in
accordance with the order established in the bylaws of the organization and governing
laws.

Article 37. Responsibility for Violat ion of Legislation on Non-Governmental,
Non-Commercial Organizations
Persons guilty of violation of the legislation on non-governmental, non-
commercial organizations bear responsib ility in accordance with the law.