of May 17, 1996 No. 837-XIII
About public associations
The parliament adopts this law.
This law governs the public relations connected with realization of the right of persons to consolidation and determines the principles of education, registration, functioning and termination of activities of public associations.
(1) Public association is the organization, non-commercial, independent of bodies of the public power, which is voluntarily created by at least than three physical persons and/or legal entity (public associations) united by community of interests for the purpose of implementation of legitimate rights according to the law.
(2) the associations of pacifists, associations protecting and advancing human rights, associations of women, veterans, persons with limited opportunities, youth and children's associations, scientific, technical, ecological, cultural and educational, sports organizations, the creative unions, national and cultural societies, other legally educated associations of physical persons and/or legal entities (public associations) are considered as Public associations.
(3) Operation of this law does not extend to batches and other social and political organizations, labor unions, merging of employers, the religious organizations and the legal entities created by them, the organizations created by bodies of the public power, cooperative and other organizations, procedure for education and which functioning it is determined by special laws.
(1) Public associations are created and are effective for the purpose of realization and protection of civil, economic, social, cultural and other legitimate rights and freedoms; developments of public activity and amateur performance of persons, satisfactions of their professional and amateur interests in the field of scientific, technical, art creativity; public health cares, attraction it to charity, involvement in occupations mass sport and physical culture; carrying out cultural and educational work among the population; conservation, historical and cultural monuments; patriotic and humanistic education; expansions of international backgrounds; strengthenings of the world and friendship between the people; implementation of other activities which are not forbidden by the legislation.
(2) Public associations are subdivided into socially useful associations and associations of mutual advantage.
(3) associations which activities belong only to human rights protection, education, acquisition and dissemination of knowledge, health care, the public assistance to the population, the culture, art, amateur sport, natural disaster response, environmental protection and other spheres having socially useful nature are Socially useful.
(4) Associations of mutual advantage are created for satisfaction of private, corporate interests of their members.
(5) Public associations can promote the activities to bodies of the public power in realization of the socially significant and socially useful purposes and tasks.
(1) Public associations are equal before the law and are effective according to the programs and charters, according to the Constitution and the legislation of the Republic of Moldova.
(2) Public associations are created and operate on the principles of voluntariness, independence, self-government and equality of all members. The charter of public association shall contain the regulations of promulgation of activities of public association providing general availability of its constituent and program documents. Public associations are free in determination of the internal structure, the choice of the purposes, forms and methods of activities.
(3) Participation of person in activities of public association cannot form the basis for restriction of its rights or for provision to it the state of any privileges and benefits, and also condition of occupation or the reason of not holding the post of the government employee, except the bases provided in part (4) Article 4. The requirement about specifying in official documents of membership in this or that public association is not allowed.
(4) Activities of public associations on the principle of unconditional subordination of members of consolidation are forbidden to its management.
(1) creation and activities of the public associations setting as the purpose or choosing method of actions violent change of the constitutional system, violation of integrity of the territory of the Republic of Moldova, propaganda for war, violence and cruelty, kindling of social, racial, national or religious discord, making of other acts, punishable according to the legislation, are not allowed. Inclusion in the charter of public association of regulations on protection of principles of social justice cannot be considered as kindling of social discord.
(2) creation of the public militarized associations and paramilitary groups Is forbidden.
(3) creation and activities of the public associations encroaching on the rights and legitimate interests of persons, on human health, public morals Is forbidden.
(4) there cannot be founders of public associations government employees whose job responsibilities include registration of public associations and control of their activities. Members of the government and government employees to whose job responsibilities carrying out state policy in the areas which are priority for these public associations according to their charters belongs cannot be founders of public associations and members of their leading, executive and control and auditing bodies. By the legislation also other separate restrictions relating to creation of certain types of public associations and the introduction in them specific categories of government employees can be set.
(1) the Public association is based on the fixed membership and is created for the joint activities directed to realization of the authorized purposes of the united persons, and protection of their common interests.
(2) the Supreme governing body of public association is the congress (conference) or general meeting. Permanent governing body of public association is the elected collegiate organ accountable to congress (conference) or general meeting which after registration of public association performs the rights of the legal entity on behalf of public association and fulfills its duties according to the charter.
Public associations have the right to create on a voluntary basis the unions (associations) on the basis of the foundation agreement, forming the new legal entity. The procedure for the organization and the termination of activities of the unions (associations) of public associations is determined by this law.
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