Salus populi suprema lex . Marcus Tullius Cicero

The Law of Ukraine “On Public Associations”
Sunday, 22 April 2012 00:18


The Law of Ukraine “On Public Associations” came into force on April 19, 2012. This law will start its operation from January 1, 2013. Action of the Law of Ukraine "On Public Associations » (№ 2460-XII) from 1992 will be repealed on the same day.

The new Law regulates relations in the sphere of formation, registration, operation and termination of the public associations in Ukraine.

In general, the needs for this law were determined by the recommendations of the Parliamentary Assembly of the Council of Europe set in paragraph 7.5.1 of the Resolution number 1755 (2010).

The new law provides some innovations in the field of public associations functioning.

For example, the Law regulates in detail the procedure for establishing public associations, establishes requirements for protocol of constituent assembly.

In accordance with Article 7 of the Law only two people may be founders of public associations, comparing to three according to the former legaslation.

This Law includes the provision which allows legal entities of private law to be founders of public associations.

The law establishes a more complete list of information that should be included in the statute of public association.

In accordance with the Law, public associations with legal status have a right to business activity, if such activity meets the goal (purposes) of public associations and facilitate to its achievement.

The Parliament established an exhaustive list of grounds for refusal to register public association.

However, new Law also contains some provisions which may be interpreted ambiguously or need revisions in the future.

The issue of financial assistance for public associations is not properly regulated in the Law. Back in 2007, the Committee of Ministers of the Council of Europe in Recommendation CM/Rec(2007)14 pointed on the need for clear and objective criteria for the provision of any governmental assistance and support for non-governmental organizations. Thus, Article 23 of the Law provides for the financial support of associations with legal status from the State Budget of Ukraine and local budgets in accordance with law. However, the law does not set the order and conditions of receiving of such financial assistance.

According to paragraph 4 of the Recommendation CM/Rec(2007)14 of the Council of Europe, non-governmental organizations may have an international status. Instead of this, in accordance with the new Law, all national and international public associations which had been registered before this Law entrance into force shall be deemed to public associations that have confirmed their national status. Such provision indicates that the international public associations that are created in the Ukraine and spread their activities in other countries, will not remain their international status anymore.

But, nevertheless, we can talk about improving of the legal regulation of the establishment and functioning of public associations in Ukraine, which is a positive step towards the development of civil society in our country.

Prepared by M.Bulgakova, A.Petriv