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LAW OF THE REPUBLIC OF KAZAKHSTAN

of May 31, 1996 No. 3-I

About public associations

(as amended on 24-05-2018)

The right to liberty of associations represents one of the most important and constitutional rights of man and citizen whose realization is equitable to interests of society and is under protection of the state

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

Subject of regulation of this Law are the public relations arising in connection with realization by citizens of the Republic of Kazakhstan of right to liberty of associations and also creation, activities, reorganization and liquidation of public associations.

Article 2. Concept of public association

Public associations the political parties, labor unions and other associations of citizens created on voluntary basis for achievement by them of the common goals which are not contradicting the legislation are recognized the Republic of Kazakhstan. Public associations are non-profit organizations.

Article 3. Legislation on public associations

The legislation of the Republic of Kazakhstan on public associations is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other legal acts which are not contradicting them.

Operation of this Law extends to all public associations created at the initiative of citizens, except for religious associations, local government bodies and public amateur performance, procedure for creation and which activities are determined by other legal acts.

Operation of this Law extends to activities of the structural divisions (branches and representations) of foreign and international non-commercial non-governmental associations created and operating in the territory of the Republic of Kazakhstan, except for religious.

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

The features connected with creation, activities, reorganization and liquidation of political parties, labor unions, the self-regulatory organizations based on voluntary membership (participation) and other separate types of public associations can be regulated by other legal acts of the Republic of Kazakhstan. The activities of the specified public associations which are not settled by other legal acts of the Republic of Kazakhstan are regulated by this Law.

Article 4. State and public associations

The state provides observance of the rights and legitimate interests of public associations.

Illegal intervention of the state in cases of public associations and public associations in cases of the state, assignment on public associations of functions of state bodies is not allowed.

Public associations can cooperate and interact with state bodies, signing with them agreements, and can perform on contracts with state bodies for them certain works, stipulated by the legislation.

The labor law of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on social security and insurance extend to workers of offices of public associations.

The questions infringing on interests of public associations in the cases provided by legal acts can be solved state bodies in coordination with public associations.

Article 5. Bases of activities of public associations

Public associations are created and are effective for the purpose of realization and protection of the political, economic, social and cultural rights and freedoms, development of activity and amateur performance of citizens; satisfactions of professional and amateur interests; developments of scientific, technical and art creativity, protection of life and human health, protection of the surrounding environment; participations in charity; carrying out cultural and educational, sports work; protection of historical and cultural monuments; patriotic, legal and humanistic education; expansion and strengthening international cooperation; implementation of other activities which are not forbidden by the legislation of the Republic of Kazakhstan.

Creation and activities of public associations which pursues the extremist aims, and also creation not of stipulated by the legislation paramilitary forces of the Republic of Kazakhstan are forbidden.

In the territory of the Republic of Kazakhstan creation of public associations as the paramilitary forces having the militarized structure, form, special distinctions, anthems, flags, pennants, special conditions of internal discipline and management, weapon, including imitating is forbidden.

Activities of political parties and labor unions of other states, batches on religious basis, and also financing of political parties and labor unions by foreign legal entities and citizens, foreign states and the international organizations are not allowed.

Creation and activities of the public associations encroaching on health and moral principles of citizens, and also activities of the unregistered public associations is not allowed.

Article 6. Principles of creation and activities of public associations

Public associations are equal before the law. Public associations perform activities within the Constitution and other legal acts of the Republic of Kazakhstan.

Public associations are created and act on the basis of voluntariness, equality of their members (participants), self-government, legality, the reporting and publicity of activities.

Participation or nonparticipation of the citizen in activities of public association cannot form the basis for restriction of its rights and freedoms. The requirement about specifying in official documents about membership (participation) in public association is not allowed.

Article 7. Status of public associations

In the Republic of Kazakhstan republican, regional and local public associations can be created and be effective.

The associations having the structural divisions (branches and representations) in the territory of more than a half of the areas of the Republic of Kazakhstan belong to republican public associations.

The associations having the structural divisions (branches and representations) in the territory of less than a half of the areas of the Republic of Kazakhstan belong to regional public associations.

The associations operating within one area of the Republic of Kazakhstan belong to local public associations.

Before the expiration of year from the date of registration republican and regional public associations for confirmation of the status shall provide in the body which registered this consolidation, copies of the documents confirming passing of accounting registration by structural divisions (branches and representations) in territorial authorities of justice.

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