LAW OF UKRAINE

of March 22, 2012 No. 4572-VI

About public associations

This Law determines the legal and organizational principles of realization of right to liberty of the consolidation guaranteed by the Constitution of Ukraine and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, procedure for education, registration, activities and termination of public associations.

Section I General principles

Article 1. Concept of public association

1. The public association is voluntary merging of physical persons and/or legal entities of private law for implementation and protection of the rights and freedoms, satisfaction public, in particular economic, social, cultural, ecological and other interests.

2. The public association on form of business is formed as public organization or the public union.

3. The public organization is public association, founders and members (participants) of which are physical persons.

4. The public union is public association which founder are legal entities of private law, and legal entities of private law and physical persons can be members (participants).

5. The public association can perform activities with the status of the legal entity or without such status. The public association with the status of the legal entity is not entrepreneurial society which main objective is not profit earning.

6. It is excluded according to the Law of Ukraine of 23.02.2014 No. 767-VII

Article 2. Law coverage

1. Operation of this Law extends to the public relations in education, registration, activities and the termination of public associations in Ukraine.

2. Operation of this Law does not extend to the public relations in education, registration, activities and the termination:

1) political parties;

2) religious organizations;

3) not entrepreneurial societies which are formed by acts of public authorities, other state bodies, authorities of the Autonomous Republic of Crimea, local government bodies;

4) associations of local government bodies and their voluntary associations;

5) the self-regulating organizations, the organizations performing professional self-government;

6) not entrepreneurial societies (which are not public associations) formed based on other laws.

3. Features of regulation of the public relations in education, registration, activities and the termination of separate types of public associations, can be determined by other laws.

4. Non-governmental organizations of other states, the international non-governmental organizations (further - foreign non-governmental organizations), operate on the territory of Ukraine according to the present and other laws of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 3. Principles of education and activities of public associations

1. Public associations are formed and operate on the principles:

1) voluntariness;

2) self-government;

3) free choice of the territory of activities;

4) equality before the law;

5) lack of valuable interest of their members (participants);

6) transparency, openness and publicity.

2. Voluntariness provides the right of person to free participation or nonparticipation in public association, including in its education, the introduction in such consolidation or the termination of membership (participation) in it.

3. Self-government provides the right of members (participants) of public association (the organizations of employers, labor unions, their associations) to independently exercise control of activities of public association (the organizations of employers, labor unions, their associations) according to its purpose (purposes), to determine activities, and also non-interference of public authorities, other state bodies, authorities of the Autonomous Republic of Crimea, local government bodies to activities of public association (the organizations of employers, labor unions, their associations), except the cases determined by the law.

4. The free choice of the territory of activities provides the right of public associations to independently determine the territory of the activities, except the cases determined by the law.

5. The equality before the law provides that public associations are equal in the rights and obligations according to the law taking into account form of business, type and/or the status of such consolidation.

6. Lack of valuable interest provides that members (participants) of public association have no right to share of property of public association and do not answer for its obligations. The income or property (assets) of public association are not subject to distribution between his members (participants) and cannot be used for benefit of any certain member (participant) of public association, his officials (except payment of their work and assignments on social actions).

For the public associations having the status of the organization of collective management according to the Law of Ukraine "About effective management of property rights of owners in the sphere of copyright and (or) the related rights" lack of valuable interest of their members provides implementation of payments for benefit of members (owners) after distribution by the organization of collective management of the income from the rights.

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