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Вт, 4 Окт 1994. English, Законодательство, Новости

On Public Associations. Law of the Republic of Belarus. No.3252-XII of October 4, 1994. Amended as of July 21, 2008

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On Public Associations

 

Law of the Republic of Belarus

 

No.3252-XII of October 4, 1994

[Amended as of July 21, 2008]

CHAPTER 1

GENERAL PROVISIONS
Article 1. Definition of public association, union (coalition) of public associations

Public association is a voluntary association of citizens associated, in the order established by the legislation, on the basis of common interests for joint exercise of civil, social, cultural and other rights.

Union (coalition) of public associations (hereinafter referred to as union) is a voluntary association of public associations established on the basis of a constituent agreement between them for coordination of their statutory activity, representation and protection of their legal interests.

Public associations, unions are noncommercial organizations.

The present Law does not cover political parties, trade unions, religious organizations, their unions (coalitions), republican public and social associations, bodies of territorial public self-government, other public units, where the procedure of their formation and operation is set forth by relevant legislative acts.

 

Article 2. Right to freedom of association

Citizens of the Republic of Belarus have the right to establish, on their own initiative, public associations and to join operating public associations .

Foreign citizens and persons without citizenship may join operating public associations if it is provided by their Statutes.

Foreign citizens may be founders of international public associations to be established on the territory of the Republic of Belarus.

 

Article 3. Status of public associations, unions

In the territory of the Republic of Belarus, it is allowed to establish and operate international, republican and local public associations, unions .

Public associations, unions are recognized as international if their activities cover the territory of the Republic of Belarus (one or more administrative-territorial units of the Republic of Belarus) and the territory of one or more foreign states.

Public associations , unions are recognized as republican if their activities cover the whole territory of the Republic of Belarus.

Public associations, unions are recognized as local if their activities cover the territory of one or more administrative-territorial units of the Republic of Belarus.

 

Article 4. Principles of establishment and operation of public associations, unions

Public associations, unions are established and operate on the basis of principles of legality, voluntariness, independence and public openness.

Article 5. Legal base of operation of public associations, unions


Public associations, unions are to be established and operated in accordance with the Constitution of the Republic of Belarus, the present Law, other acts of legislation and on the basis of their constituent documents.

 

Article 6. State and public associations, unions

The State guarantees protection of rights and legitimate interests of public associations, unions.

Interference of state bodies and officials into activity of public associations, unions, as well as interference of public associations, unions into affairs of state bodies and officials is not allowed, except for the cases provided for by the legislation.

 

Article 7. Restrictions at establishment and operation of public associations, unions

Establishment and operation of public associations, unions aimed at propagation of war or carrying out extremist activities are prohibited.

Operation of non-registered public associations, unions in the territory of the Republic of Belarus is prohibited.

 

CHAPTER 2ESTABLISHMENT AND OPERATION OF PUBLIC ASSOCIATIONS,

UNIONS


Article 8. Conditions of establishment and operation of public association, its organizational structure, union

Citizens of the Republic of Belarus who have reached the age of 18 have the right to act as founders of public association, except for youth and children public associations, where the citizens who have reached the age of 16 may act as founders.

Public association of citizens under the age of thirty one years (not less than two thirds of the total number of members) which represents their specific interests and statutory activity of which is aimed at ensuring social formation and all-round development of young people is recognized youth public association.

Public association of citizens under the age of eighteen years (not less than two thirds of total number of members) which represents their specific interests, and statutory activity of which is aimed at ensuring social formation and all-round development of children is recognized children public association.

For the establishment and operation of the public association in the territory of the Republic of Belarus it is necessary:

for an international public association - not less than ten founders (members) from the Republic of Belarus and not less than three founders (members) from one or more foreign states, as well as the presence of organizational structures of this public association in the territory of these states;

for a republican public association - not less than ten founders (members) from each of the majority of regions of the Republic of Belarus and the city of Minsk;

for a local public association - not less than ten founders (members) from the majority of administrative-territorial units of the territory in which this public association will operate.

Public associations which have taken the decision on establishment of a union have the right to act as the founders of the union.

For establishment and operation of a union in the Republic of Belarus, it is necessary not less than two public associations and:

for an international union - at the same time not less than one public association registered in the Republic of Belarus and not less than one public association operating, in accordance with its Statute, in the territory of one or more foreign states;

for a republican union - not less than two republican public associations or not less than one republican and one local public association ;

for a local union - not less than two local public associations.

Founders of a public association, union call constituent congress or conference or general assembly or other constituent assembly in which adopt the decision on the establishment of the public association, union, approve the name and Statute of the public association, union and elect the bodies of the public association, union. When establishing a union, founders also conclude a constituent agreement.

Public association may and in the case provided by paragraph 2 of part 4 of the present article shall establish its own organizational structures which are supposed to be its structural subdivisions established in accordance with the Statute

of this public association on the territorial or other principle and operating on the basis of the Statute of the public association structural subdivisions of which they are.

In the Republic of Belarus, there may be established organizational structures of international public associations created in the territory of foreign states. Such organizational structures are established and operate in accordance with the procedure established for international public associations created in the territory of the Republic of Belarus.

Organizational structures of a public association may be given the rights of legal person in accordance with the Statute of the public association structural subdivisions of which they are.

 

Article 9. Constituent documents of public association, union

 

Constituent document of a public association is the Statute of the public association.

Constituent document of a union is the Statute and constituent agreement of the union.

The Statute of a public association, union should contain:

full and abbreviated name of the public association , union;

aims, tasks, subject and methods of operation of the public association, union;

indication of the territory which is covered by activities of the public association, union;

terms and procedure of obtaining and losing membership in the public association, union as well as procedure of registration of members of the public association, union;

rights and obligations of members of the public association, union;

procedures of management of activities of the public association, union;

name, composition, procedure of election, procedure and frequency of convocation, terms of powers of bodies of the public association, union, bodies of organizational structures of the public association and their competence; procedure of making and appealing against decisions made by the bodies of the public association, union, bodies of organizational structures of the public association;

sources and procedure of formation of monetary funds and other property of the public association, union; body authorized to make decisions on property acquisition and disposal thereof; limits of disposing of property of the public association by its organizational structures;

procedure of introduction of changes and (or) additions into constituent documents of the public association, union;

procedure of reorganization and liquidation of the public association, union and procedure of use of property left after the liquidation of the public association, union;

legal address of the public association, union (location of governing body);

structure of the public association, conditions and procedure of creation and termination of activity of its organizational structures (for the Statute of the public association only).

The Statute of a public association, union may also contain other provisions concerning establishment and operation of the public association union that do not contradict the legislation of the Republic of Belarus.

Constituent contract of a union should contain:

full and abbreviated name of the union;

procedure of joint activity of founders of the union on its establishment;

terms of transfer of property of founders and other members to the union;

terms of participation in the activity of the union of founders of the union and its other members;

terms and procedure of administration of activity of the union;

terms and procedure of acquiring and losing membership in the union;

responsibility of members of the union for its liabilities.

By consent of union members, other terms may be included in the constituent contract of the union as well.

It is not allowed to indicate in the constituent documents of the public association, union to the superiority of any race, nationality, religion, or social group.

 

Article 10. Bodies of public association, union, bodies of organizational structures of public association

The superior body of the public association, union is a congress, conference, general assembly or other assembly of members of public association or their representatives (delegates), representatives of union members.

Superior body of public association, union:

approves the name and the Statute of the public association, union;

elects governing body of the public association, union that manage the activity of public association, union between sessions (convocations) of the superior body of the public association, union;

elects auditing body of the public association, union carrying out internal inspection of financial and economic activity of the public association, union as well as internal control of the compliance of activity of the public association,

union with legislation and their constituent documents;

introduces changes and (or) additions into the Statute of the public association, union, unless otherwise provided by the present article;

takes decisions on reorganization or liquidation of the public association, union, unless otherwise provided by the present Law;

takes other decisions, obligatory for all bodies and members of public association, union.

Governing body of a public association consists of not less than 3 members of the public association.

Governing body of a union consists of not less than 3 members of public associations belonging to the union.

Governing body of a public association, between sessions (convocations) of superior body of public association, has the right to introduce changes and (or) additions into the Statute of the public association connected with the change of the legal address of the public association (location of governing body) or stipulated by the changes in the legislation.

The superior body of an organizational structure of the public association, in accordance with the Statute of the public association, is a conference, general assembly or other assembly.

The superior body of the organizational structure of public association:

elects, in the order specified by the Statute of the public association, governing body of the organizational structure that manages the activity of the organizational structure, union between sessions (convocations) of the superior body of the organizational structure;

elects auditing body of the organizational structure;

takes decisions which are obligatory for all bodies of the organizational structure and members of the public association belonging to the organizational structure.

Governing and auditing bodies of a public association, its organizational structures, union are elected bodies. Only members of this public association who have reached the age of 18 may be elected into elected bodies of a public

association, its organizational structures. Into elected bodies of union, there may be elected only members of public associations belonging to this union that have reached the age of 18. Members of public association are not allowed to hold at the same time positions in governing and auditing bodies of public association, its organizational structures, union.

Public association, its organizational structures, union may form other bodies necessary for performing statutory activity. The formation procedure of these bodies, their competence and the procedure of decision-making are to be specified by the constituent documents of the public association, union.

 

Article 11. Membership in public associations, unions

Public associations have fixed membership.

Citizens who have reached the age of 16 may become members of public associations. In cases specified by the Statute of a public association, citizens under the age of 16 may become its members with the written consent of their legal representatives.

Legal persons cannot be members of public associations.

Members of union are public associations belonging to this union.

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