Law of the Republic of Belarus

No.3254-XII of October 4, 1994

[Amended as of November 4, 2013]

On public associations

This Law is aimed at realization of the constitutional right of citizens to freedom of association and also as establishing legal and organizational bases of creation, activity, reorganization and/or liquidation of public associations, unions (coalition) of public associations.

CHAPTER 1
GENERAL PROVISIONS

Article 1. Notion of public association, union (coalition) of public associations

A public association is a voluntary association of citizens associated, in the order established by the legislation, on the basis of common interest commonness for satisfaction of non-material needs and achievement of statutory objectives.

Union (coalition) of public associations (hereinafter referred to as union) is a voluntary association of public associations being created for coordination of their activity on achieving statutory objectives, representation and protection of common legitimate interests.

Public associations, unions are non-commercial organizations.

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

Article 2. Right to freedom of association

Citizens of the Republic of Belarus have the right, on their own initiative, to create public associations and to join existing public associations

Foreign citizens and stateless person may join existing public associations if it is provided by their statutes.

Foreign citizens may be founders of international public associations to be created in 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, and also divisions of international public associations created in the territory of foreign states.

Public associations, unions created in the territory of the Republic of Belarus the activity of which cover the territory of the Republic of Belarus and the territory of one or more foreign states are recognized as international, unless otherwise provided by this Law.

Public associations, unions the activity of which cover the whole territory of the Republic of Belarus are recognized as republican.

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

Divisions of international public associations created in the territory of foreign states are recognized their separate structural divisions which are created in the territory and operate in the order established for international public associations, having regard to specific features provided by Articles 8 and 13 of this Law.

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

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

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

Public associations, unions carry out their activity in accordance with the Constitution of the Republic of Belarus, this Law, other acts of legislation and on the basis of their statutes.

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 activity of state bodies and officials is not allowed, except for the cases provided for by the legislation.

Article 7. Restrictions in creation and operation of public associations, unions

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

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

Operation of public associations, unions aimed at facilitating the provision by foreign states to the citizens of the Republic of Belarus of benefits and privileges in relation to political, religious views or ethnicity in violation of the legislation is prohibited.

CHAPTER 2
CREATION AND OPERATION OF PUBLIC ASSOCIATIONS, UNIONS

Article 8. Conditions for creation and operation of public association, its organizational structures, 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 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 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 creation of organizational structures of that public association (division, affiliate, representative office) in the territory of those states;

for a republican public association - not less than fifty founders (members) from 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 two or more of administrative-territorial units of the territory which the activity of that public association will cover;

for a division of an international public association created in the territory of the foreign state – not less than ten founders (members) from the Republic of Belarus.

Public associations which have taken the decision to create 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 - simultaneously 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 simultaneously;

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

Conditions for creation and activity of some kinds of public associations may be established by special laws about respective kinds of public associations.

Founders of a public association, union shall call a constituent congress or conference, or general assembly, or another constituent assembly in which adopt the decision on the creation of the public association, union, approve the name and statute of the public association, union and elect the bodies of the public association, union.

Public association may, and in the case provided by indent two of part four of this Article is obliged to, establish its own organizational structures which are supposed to be its separate structural subdivisions established in accordance with the statute of that public association on the territorial or another principle and operating on the basis of the statute of the public association separated structural subdivisions of which they are.

Organizational structures of a public association may be given the rights of a 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 of the union..

The statute of a public association, union must contain:

full and abbreviated name of the public association , union;

objectives, 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 means 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 the statute of the public association, union;

procedure of reorganization and liquidation of the public association, union and procedure of use of the 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 (only for the statute of the public association).

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.

The indication in the statute of a public association to a superiority of a race, ethnicity, religion or a social group is not allowed.

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

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

The superior body of public association, union:

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

elects the governing body of the public association, union that manages 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 over the compliance of activity of the public association with the legislation and the statute thereof;

introduces changes and (or) additions into the statute of the public association, union, unless otherwise provided by this Article;

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

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

Governing body of a public association shall consist of not less than three members of the public association.

Governing body of a union shall consist of not less than three members of public associations belonging to the union.

Governing body of a public association, between sessions (convocations) of the 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, shall be a conference, general assembly or another 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 binding 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 shall be elected bodies. Only members of this public association who have reached the age of eighteen may be elected to elected bodies of a public association, its organizational structures. Only members of public associations belonging to this union that have reached the age of eighteen may be elected to elected bodies of union/ 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 such 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 sixteen may become members of public associations. In cases specified by the statute of a public association, citizens under the age of sixteen may become its members subject to availability of a respective written consent of their legal representatives.

Legal persons may not be members of public associations.

Members of a union are public associations belonging to that union.

Founders of a public association, union become members of the public association, union after the state registration of the public association, union and acquire respective rights and duties.

Article 12. Name and symbols of public association, union

The name of public association should contain indication to its organizational legal form and the nature of its activity. The name of an organizational structure of the public association should contain indication to the name of the public association the organizational structure of which it is.

The name of a union should contain indication to the main subject matter of its activity and the activity of its members and include the words 'union' or 'coalition'.

It is not allowed to use in the name of a public association, its organizational structures, union:

words 'Republic of Belarus', 'Belarus', 'Belarusian', 'national', 'people's', 'academy', unless otherwise specified by the President of the Republic of Belarus;

official names (both full and abbreviated) of foreign states or former states;

name of a citizen - when there is no declaration of that citizen (in case of his death - declaration of his heirs) giving the consent to use the name of that citizen in the name of public association, union;

indication to the superiority of any race, nationality, religion, or social group.

Public association, union may have their own flag, hymn, emblem, badge, pennon, tie, lapel and recognition badges (hereinafter - symbols, unless otherwise provided by this Law) that are to be approved in the order established by the legislation and their statutes.

The use of state symbols of the Republic of Belarus and (or) symbols of a foreign state or a states that existed earlier as symbols of the public association, union is not allowed.

The name of a public association, union, including the abbreviated one, and their symbols must differ from the names and symbols of other public associations, unions registered in the Republic of Belarus or liquidated by the court decision and may not contradict this Law, other acts of legislation, the statute of the public association, union, or infringe on intellectual property rights.

Name and symbols of a public association, union shall not serve the objective of carrying out propagation of war or extremist activities.

CHAPTER 3
STATE REGISTRATION OF PUBLIC ASSOCIATIONS, UNIONS, THEIR SYMBOLS, CHANGES AND (OR) ADDITIONS INTRODUCED INTO THE STATUTES OF PUBLIC ASSOCIATIONS, UNIONS.  REORGANIZATION AND LIQUIDATION OF PUBLIC ASSOCIATIONS, UNIONS

Article 13. Procedure of state registration of public association, union, their symbols, changes and (or) additions introduced into the statute of public association, union

The procedure of state registration of public association, union, their symbols, changes and (or) additions introduced into the statute of public association, union is set forth by this Law and other acts of legislation.

State registration of international, republican public associations, unions, divisions of international public associations created in the territory of foreign states, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statutes of those public associations, unions, divisions of international public associations created in the territory of foreign states is carried out by the Ministry of Justice of the Republic of Belarus (hereinafter referred to as Ministry of Justice).

State registration of local public associations, unions, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statutes of those public associations, unions is carried out by Main Departments of Justice of regional, Minsk City Executive Committee.

Hymn, badge, pennon, tie are subject to state registration simultaneously with the state registration of public association, union or apart from it in the order established for state registration of public association, union.

State registration of flags, emblems, lapel and recognition badges of public associations, unions is carried out in accordance with the legislation on state registration of official heraldic symbols.

For state registration of a public association, union, within a month since the day of holding a constituent congress, conference, general assembly or other constituent assembly, the following documents are to be presented to the Ministry of Justice, Department of Justice of Regional, Minsk City Executive Committee (hereinafter - appropriate registering body, unless otherwise provided by this Law):

application for state registration of the public association, union signed by the head of the public association, union or by another person authorized therefor in accordance with the statute of the public association, union;

statute of the public association, union in duplicate, without notarial certification, its electronic copy;

minutes of the constituent congress, conference, general assembly or other constituent assembly;

payment document confirming the payment of the state duty (except the cases of the exemption from its payment, provided for by legislative acts);

for a public association - the list of founders of the public association which indicates surname, name, patronymic, date of birth, citizenship, place of residence and home telephone number, place of work (studies) and office phone number, as well as personal signature of each of founders. An international public association also submits documents proving creation of its organizational structures in the territory of one or several foreign states (protocols of meetings or extracts therefrom, lists of members of the public association belonging to those organizational structures). At that the documents drawn up outside the Republic of Belarus in accordance with the legislation of foreign state are accepted providing there is legalization or placement of the apostille, unless otherwise provided by the treaties of the Republic of Belarus, and shall be accompanied with the translation into one of state languages of the Republic of Belarus certified in the established order;

for a union – extracts from the protocols of meetings of governing bodies of public associations creating the union at which the decisions their acting as founders of the union were adopted and also copies of statutes of public associations that form the union and copies of certificates on state registration of those public associations (only for public associations of foreign states). At that the documents drawn up outside the Republic of Belarus in accordance with the legislation of foreign state are accepted providing there is legalization or placement of the apostille, unless otherwise provided by the treaties of the Republic of Belarus, and shall be accompanied with the translation into one of state languages of the Republic of Belarus certified in the established order;

lists of members of elected bodies of the public association, union with indication of surname, own name, patronymic, date of birth, citizenship, place of residence and home phone number, place of work (studies) and office phone number, position in those elected bodies;

declaration of a citizen (in the case of his death - declaration of his heirs) giving the consent to use the name of that citizen in the name of public association, union (when including the name of this citizen into the name of the public association, union only);

document confirming existence of the legal address of the public association, union (place of location of governing body);

document confirming the payment for notification about the state registration of the public association, union in the annex to the law scientific and practical journal 'Yustitsia Belarusi'.

For state registration of hymn, badge, pennon, tie of the public association, union if their existence is provided for by statute of the public association, union the following should be presented to the appropriate registering body:

application for state registration of hymn, badge, pennon, tie of the public association, union signed by the head of the public association, union or by another person authorized therefor in accordance with the statute of the public association, union;

text and musical redaction (printed music) of hymn of the public association, union;

images of badge, pennon, tie of public association, union by the size of 10x10 in four copies, as well as their detailed description;

decision of authorized bodies of the public association, union on approving hymn, badge, pennon, tie of public association, union;

payment document confirming payment of state duty (except the cases of the exemption from its payment, provided for by legislative acts) - at the state registration of hymn, badge, pennon, tie of public association, union apart from state registration of the state registration of the public association, union.

In case if applications for state registration of a public association, union or state registration of hymn, badge, pennon, tie of the public association, union were submitted by two or more public associations, two or more unions having the same name, and (or) the same hymn, badge, pennon, tie, preference is given to the public association that submitted the application for state registration under this name or about the state registration of the hymn, badge, pennon, tie earlier than others, and other public associations, unions shall be proposed to change the name and (or) hymn, badge, pennon, tie.

For state registration of changes and (or) additions introduced into the statute of a public association, union the following should be presented, within a month from the day of their introduction, to the appropriate registering body:

application for state registration of changes and (or) additions introduced into the statute of the public association, union and signed by the head of the public association, union or by another person authorized therefor in accordance with the statute of the public association, union;

minutes of the session of the body authorized to introduce changes and (or) additions into the statute of the public association, union;

original of the statute of the public association, union;

changes and (or) additions in duplicate, formalized as an annex to the statute without notarial certification, the electronic copy of that annex. If changes and (or) additions are introduced as a annex to the statute more than three times, and also if changes and (or) additions being introduced make more than half of the text of the statute, for the state registration submission of the statute in a new wording without notarial certification, its electronic copy, is required. The statute may be submitted in a new wording also on the own initiative of the public association, union;

payment document confirming the payment of the state duty (except the cases of the exemption from its payment, provided for by legislative acts).

For state registration of changes and (or) additions introduced into the statute of the public association, union concerning changes of the full and (or) abbreviated name of the public association, union besides documents indicated in part nine of this Article the following should be presented to the appropriate registering body:

certificate of state registration of public association, union;

declaration of a citizen (in the case of his death - declaration of his heirs) giving the consent to use the name of that citizen in the name of public association, union (when including the name of this citizen into the name of the public association, union only);

document about the payment for notification about the change of the full and (or) abbreviated name of public association, union in the annex to the law scientific and practical journal 'Yustitsia Belarusi'

For state registration of changes and (or) additions introduced into the statute of public association, union concerning changes of the indication to the territory of activity of the public association, union, indication of the territory of operation of public association, union, beside the documents indicated in part nine of this Article, the certificate of state registration of the public association, union shall be presented to the appropriate registering body.

For state registration of a division of the international public association established in the territory of a foreign state, a decision of the authorized body of the international public association on creation its division in the Republic of Belarus, copies of the statute of international public association and certificate of registration of that international public association, other documents confirming the creation, in the established order, of the public association in the territory of the foreign state shall be additionally presented. At that the documents drawn up outside the Republic of Belarus in accordance with the legislation of foreign state are accepted providing there is legalization or placement of the apostille, unless otherwise provided by the treaties of the Republic of Belarus, and shall be accompanied with the translation into one of state languages of the Republic of Belarus certified in the established order.

Article 14. Order of consideration of documents submitted for state registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union

Application for state registration of a public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the Statute of public association, union are considered by the appropriate registering body within a month from the day of their receipt.

An appropriate registering body is entitled to verify the authenticity of the documents of the public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union, submitted for state registration.

According to the results of examination the documents submitted for state registration, the appropriate registering body makes one of the following decisions:

on state registration of the public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union;

on refusal of state registration of the public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union.

State registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union may be suspended in the cases and in the order established by Article 15 of this Law.

Records on state registration of public association, union, changes and (or) additions introduced into the statute of public association, union are introduced into the Single State Register of Legal Persons and Individual Entrepreneurs by the appropriate registering body on the day of making decision on state registration in the order established by the legislation.

The appropriate registering body shall, within five working days from the day of entering the record on state registration of public association, union into the Single State Register of Legal Persons and Individual Entrepreneurs, issue the documents confirming the putting on record with the tax bodies, bodies of state statistics, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus, registration in the Belarusian Republican Unitary Insurance Enterprise “Belgosstrakh”, in the order determined by the Council of Ministers of the Republic of Belarus.

The registered public association, union shall be issued certificates of state registration of the public association, union, their hymns, badges, pennons, ties and one copy of the statute of the public association, union with a note about state registration of this public association, union. At the state registration of changes and (or) additions introduced into the statute of public association, union the note about state registration of changes and (or) additions is to be put on the statute of that public association, union.

At the state registration of changes and (or) additions introduced into the statute of public association, union and concerning changes of the full and (or) abbreviated name, aims, indication of the territory of activity of public association, union, a new record about the state registration of that public association, union is to be entered into the State register of public associations, unions, registers of local public associations, unions while the previous one is excluded, and a new certificate of state registration of public association, union is to be issued.

The head of the registered public association, union may be issued a certificate in the order established by the Council of Ministers of the Republic of Belarus.

Article 15. Suspension of state registration, refusal of state registration of the public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union

State registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union may be suspended by the appropriate registering body for the term of up to one month in case of non-compliance of the submitted documents and (or) data with requirements of the legislation, if such violation has eliminable nature.

Upon the elimination within the established term by the public association, union of violations that have given the reason for suspension of state registration of the public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of the public association, union, the consideration by the appropriate registering body of the submitted documents shall be carried out in the order established by this Law.

Decision on refusal of state registration of the public association, union is made in case of:

violation of the established procedure of creation of public association, union, if such violation has irremovable nature;

non-compliance of the statute of public association, union with the requirements of the legislation;

submission by the public association, union of counterfeit, falsified or invalid documents;

non-compliance of the name of public association, union including abbreviated name, their symbols, as well as membership conditions of public association, union with the requirements of the legislation and (or) their statutes;

failure of public association, union to eliminate, within the term established by the appropriate registering body, of violations being the grounds for suspension of state registration of the public association, union.

Decision on refusal of state registration of hymns, badges, pennons, ties of public association, union is made in case of:

violation of the established procedure of approval of hymn, badge, pennon, tie;

non-compliance of hymn, badge, pennon, tie with the requirements of the legislation and (or) their statutes;

failure to eliminate, within the term established by the appropriate registering body, of violations being the grounds for suspension of state registration of hymn, badge, pennon, tie;

refusal to satisfy a legitimate proposal of the appropriate registering body to change hymn, badge, pennon, tie.

Public association, union may be refused the state registration of changes and (or) additions introduced into the statute of public association, union, in the case of violation of their introduction procedure, non-compliance of those changes and (or) additions with requirements of the legislation or failure to eliminate, within the term established by the appropriate registering body, of the violations being the grounds for suspension of state registration of those changes and (or) additions.

The appropriate registering body shall, within five days from the day of suspension of state registration or making the decision on refusal of state registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union, inform in a written form the governing body of the public association, union about the decision with indication of grounds for the suspension or refusal.

If state registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union is not carried out within the term provided by this Law, or the decision on refusal of state registration is made based on reasons that are considered to be groundless by founders (governing body) of public association, union, they may appeal against the decision by judicial means within a month from the day of its receipt.

Decision of the Ministry of Justice is appealed to the Supreme Court of the Republic of Belarus, decisions of the main departments of justice of regional, Minsk City executive committees - respectively to regional, Minsk City courts.

Refusal of state registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union shall not be an obstruction for repeat submission of documents necessary for state registration subject to elimination of violations being the ground for refusal.

Repeat submission of application for state registration of public association, union, their hymns, badges, pennons, ties, changes and (or) additions introduced into the statute of public association, union and adoption of the decision concerning that application are carried out in the order established by this Law.

Article 16. State registration, putting on record and termination of activities of organizational structures of public association

Organizational structures of public association which have been given the rights of legal person are subject to state registration. Organizational structures of public association which have not been given the rights of legal person are subject to putting on record.

State registration, putting on record of organizational structures of public association are carried out by the department of justice of a regional, Minsk City executive committee, district, city executive and administrative body at the location of the governing body of that organizational structure (hereinafter - appropriate department of justice, executive and administrative body) in the order established by this Law and other acts of legislation.

For state registration, putting on record of organizational structures of the public association, the governing body of that public association shall, within the term of a month from the day of taking in the established order the decision on creation of organizational structure, present to the appropriate department of justice, executive and administrative body the following:

application for state registration, putting on record of the organizational structure of public association signed by the head of the public association, union or by another person authorized therefor in accordance with the statute of the public association;

lists of the members of elected bodies of the organizational structure of public association with indication of their positions in those elected bodies;

document confirming availability of legal address of the organizational structure of public association (location of governing body of that organizational structure);

payment document confirming the payment of the state duty (except the cases of the exemption from its payment, provided for by legislative acts).

In the case of failure of the public association to submit all documents provided for by part three of this Article, the appropriate department of justice, executive and administrative body shall refuse to accept application for state registration, putting on record of the organizational structure of public association.

If it is necessary, the appropriate department of justice, executive and administrative body request an electronic copy of the statute of public association from the registering body. The governing body of public association is entitled to submit the copy of the statute on its own initiative.

According to the results of examination of documents submitted for state registration, putting on record of the organizational structure of public association, the appropriate department of justice, executive and administrative body shall within the term of a month from the day of filing of the respective application by the governing body of public association, make one of the following decisions:

on state registration, putting on record of the organizational structure of public association;

on refusal of state registration, putting on a record of organizational structure of the public association.

Within ten working days after state registration of the organizational structure of public association that has been given rights of legal person, the appropriate department of justice, executive and administrative body shall report it to tax bodies, bodies of state statistics, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus.

The organizational structure registered or put on record is issued the certificate on state registration, putting on record.

State registration, putting on record of the organizational structure of public association may be suspended by the appropriate department of justice, executive and administrative body for the term of up a month in case of non-compliance of submitted documents with requirements of the legislation, if such violation has an eliminable nature.

Decision on refusal of state registration, putting on record of the organizational structure of public association is taken in case of:

violation of the established procedure of creation of the organizational structure;

non-compliance of submitted documents with the requirements of the legislation, if such violation has an irremovable nature;

non-compliance of the name of the organizational structure with the requirements of the legislation and (or) statute of public association;

failure to eliminate, within the term established by the appropriate department of justice, executive and administrative body, of violations being the grounds for suspension of state registration, putting on record of the organizational structure of public association.

The appropriate department of justice, executive and administrative body shall, within five days from the day of suspension of state registration, putting on record of the organizational structure of public association or making a decision on refusal of state registration, putting on record of the organizational structure of public association, inform in a written form the governing body of the public association about the decision with indication of grounds for suspension or refusal.

If state registration, putting on record of the organizational structure of public association is not performed within the term provided by this Law or if the decision on refusal of state registration, putting on record of the organizational structure of public association has been taken based on the reasons that are considered to be groundless by the governing body of the public association, it may appeal against the decision by judicial means within a month from the day of its receipt.

Decision of the appropriate department of justice, executive and administrative body is appealed, respectively, to the regional, Minsk city, district (city) court.

Refusal of state registration, putting on record of the organizational structure of public association is not an obstruction for a repeat submission of documents necessary for state registration of that organizational structure of public association, subject to elimination of violations being the reason for refusal.

A repeat submission of application for state registration of that organizational structure of public association and adoption of a decision concerning that application are carried out in the order established by this Law.

Records of organizational structures of public associations are maintained by an appropriate department of justice, executive and administrative body in the order established by the Council of Ministers of the Republic of Belarus.

Activities of unregistered organizational structures of public associations or organizational structures which have not been put on record in the territory of the Republic of Belarus are prohibited.

Termination of activities of organizational structures of public associations is carried out:

in case of liquidation (reorganization) of the public association;

according to a decision of the body of public association authorized therefor by its statute, on liquidation of the organizational structure of public association.

The order of termination of activities of organizational structures of public associations is determined by the Council of Ministers of the Republic of Belarus.

Article 17. [Exlcuded]

Article 18. State register of public associations, unions

The Ministry of Justice keeps the State register of public associations, unions which includes data about international and republican public associations, unions.

Departments of justice of regional executive committees and Minsk city executive committee keep registers of local public associations, unions, corresponding data of which are sent to the Ministry of Justice for systematization within ten days from the day of their entering into register.

Records of state registration of public association, union as well as state registration of changes and (or) additions introduced into the statute of public association, union shall be entered into the State register of public associations by the Ministry of Justice, into registries of local public associations, unions - by Departments of Justice of regional executive committees and Minsk city executive committee in the order established by this Law and other acts of legislation.

Article 19. Order of reorganization and liquidation of public association, union

Reorganization of a public association, union is performed on the decision of the superior body of this public association, union in the order established by legislative acts. State registration of reorganized public associations, unions is performed in the order established by this Law for state registration of public associations, unions.

A public association may be transformed in a political party the state registration of which is carried out in the order established by legislative acts.

A public association and legal persons created by it, within six months prior to adoption of a decision on transformation into a political party, does not have the right to receive directly or indirectly monetary means and other property from sources specified in part three of Article 24 of the Law of the Republic of Belarus of October 5, 1994 'On political parties'.

Liquidation of public association, union is carried out:

upon a decision of the superior body of this association, union;

upon a decision of the court in the cases provided by Article 29 of this Law.

Performance of operations on accounts of a public association, union in relation to which a decision about liquidation has been adopted, performance of other actions by them not related to the liquidation are not allowed.

Monetary means and other property of a liquidated public association, union, after full satisfaction of all claims of creditors, are used for purposes provided by statutes of those public association, union, if their monetary means and other property are not subject to appropriation into the income of the State in accordance with legislative acts.

The decision of the court on liquidation of public association, union is to be sent to the appropriate registering body.

In case of liquidation of a public association, upon a decision of their supreme body, within three working days after the date of adoption of the decision on liquidation of the public association, union, the liquidation commission (liquidator) is obliged to notify about it in a written form the appropriate registering body with enclosure of a copy of such a decision with indication therein of the data on the order and the time limits of liquidation, appointment of the liquidation commission, its composition or about appointment of the liquidator.

The data about the fact that a public association, union is in the process of liquidation, about the order and term of declaration of claims by their creditors shall be placed in the global computer network Internet on the official site of the law scientific and practical journal 'Yustitsia Belarusi' with subsequent publication in the annex to the mentioned journal in the order established by the Council of Ministers of the Republic of Belarus.

Based on the documents specified in part eight of this Article, the appropriate registering body shall:

within three working days from the day of receipt of these documents, enter the data that the public association, union is in the process of liquidation into the Unified State Register of Legal Persons and Individual Entrepreneurs;

not later than on the working day following the day of receipt of those documents, send a notification about the beginning of the procedure of liquidation of the public association to tax and customs bodies, to bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus, to the Belarusian Republican Unitary Insurance Enterprise 'Belgosstrakh' (its separate subdivision), archives of local executive and administrative bodies (another archive in accordance with the legislation on archives). The mentioned bodies (organizations) shall present to the appropriate registering body, in the order established by the Council of Ministers of the Republic of Belarus, documents provided for by indents three and four of part twelve of this Article.

After the approval of the liquidation balance sheet, the liquidation commission (liquidator) shall submit to the appropriate registering body:

application about exclusion of the public association, union from the Unified State Register of Legal Persons and Individual Entrepreneurs;

liquidation balance sheet signed by the members of the liquidation commission (liquidator) and approved by the governing body of the public association, union;

originals of the statute of the public association, union and the certificate of state registration of the public association, union or a statement about the loss thereof with enclosure of the data about publishing announcements about the loss thereof;

seal of the public association, union or a statement that the seal has not been made or the data about publishing an announcement about the loss thereof.

The appropriate registering body shall enter records in the Unified State Register of Legal Persons and Individual Entrepreneurs and also into the State register of public associations, unions or into the register of local public associations, unions about exclusion therefrom of the public association, union in the presence of all of the following conditions:

the liquidation commission (liquidator) has submitted documents necessary for liquidation of the public association, union, specified by part eleven of this Article;

tax bodies, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, customs bodies, the Belarus Republic Unitary Insurance Enterprise “Belgosstrakh” (its separate divisions) have not submitted a statement on availability (absence) of the indebtedness of the public association, union before the budget, including on payments collected by customs bodies, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, on compulsory insurance against accidents at workplace and occupational diseases, information on availability of pending obligations before customs bodies, and and not less than thirty-five working days have passed from the day of sending by the appropriate registering body of the notification about the commencement of the procedure of liquidation of the public association, union or statements have been presented about the absence of the respective indebtedness and the information about the absence of obligations terminated before the customs authorities;

archives of local executive and administrative bodies (another archive in accordance with the legislation on archives) have presented the data about about delivery for storage of the documents of the public association, union, including those concerning personnel.

When the public association, union has outstanding indebtedness, obligations before tax and customs bodies, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection, the Belarus Republic Unitary Insurance Enterprise “Belgosstrakh” (its separate division), the exclusion of the public association, union is performed only after submission of documents confirming the repayment of such indebtedness or termination of obligations before the customs bodies.

In the event of presentation to the appropriate registering body, within the time limit indicated by indent three of part twelve of this Article by bodies (organisations), specified in part thirteen of this Article of the information about impossibility to present corresponding statements, data, the public association, union may not be excluded from the Unified State Register of Legal Persons and Individual Entrepreneurs within six months from the day of receipt by those bodies (organization) of the notification about the commencement of the procedure of liquidation of the pubic association, union. If upon the expiry of that period the documents provided by indent three of part twelve of this Article have not been presented, the registering body shall take the decision about entering into the Unified State Register of Legal Persons and Individual Entrepreneurs of the record about the exclusion therefrom of the public association, union.

The appropriate registering body shall, within ten-day period from the date of taking the decision about entering into the Unified State Register of Legal Persons and Individual Entrepreneurs the record about the exclusion therefrom of the public association, union, notify about that tax bodies, bodies of state statistics, bodies of the Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus, the Belarusian Republican Unitary Insurance Enterprise 'Belgosstrakh' (its separate subdivision).

CHAPTER 4
RIGHTS OF PUBLIC ASSOCIATIONS, UNIONS

Article 20. Rights of public associations, unions

Public associations, from the day of their state registration, have the following rights:

to carry out activities aimed at achieving statutory objectives;

obtain and disseminate without obstruction information concerning their activity;

to use state mass media in the order established by the legislation;

to create their own mass media and carry out publishing activity in the order established by the legislation;

to protect rights and legitimate interests, as well as to represent legitimate interests of their members in state bodies and other organizations;

to take part in preparation and holding of elections in the order established by the legislation;

to maintain contacts with other public associations, unions;

to create unions;

to carry out activity on management of property rights of authors and other right holders on a collective basis in the order established by the legislation.

Unions have the rights provided by this Article for public associations, except for the rights provided by indents seven and nine of part one of this Article.

Public association, union may carry out, in the established order, entrepreneurial activities only so far as it is necessary for their statutory objectives for which they have been created, corresponds to those objectives and corresponds to the subject matter of activities of the public association, union. Such activities may be carried out by public association, union only by means of formation of commercial organizations and (or) participation therein, unless otherwise established by legislative acts.

Public associations, unions may have other rights provided by this Law and other legislative acts.

Article 21. Property of public association, union

Public association, union may have in the ownership any property that is necessary for material support of activities stipulated by their statutes, except for objects that, according to the law, may be only in the ownership of the state.

Owner of property of public association, including property held by organizational structures of that public association, is the public association. Organizational structures of public association have the right to dispose of the property of public association within the limits specified by the statute of that public association.

Organizational structures of public association which have been given the rights of legal person have separate balance sheet and current (settlement) bank account and also may have other accounts in banks, non-banking credit and financial organizations.

Monetary means of public association, union are formed from:

entrance and membership fees (if their payment is provided by the statute of public association, union);

earnings from lectures, exhibitions, sport and other events held for statutory purposes;

income from entrepreneurial activity carried out in the order established by part three of Article 20 of this Law;

voluntary donations;

other sources that are not prohibited by the legislation.

Monetary means and other property of public association, union may not be redistributed among members of that public association, union and are to be used only for statutory objectives and tasks. Public associations, unions are allowed to use their own monetary means for charitable purposes.

Republican and local public associations are prohibited to keep monetary means, precious metals and other valuables in banks and non-bank finance and credit organizations located in the territories of foreign states.

Public association is not liable for obligations of its members. Members of public association are not liable for the obligations of the public association members of which they are.

Union is not liable for obligations of its members. Members of the union bear subsidiary liability for its obligations in the order and in the amount provided by the statute of the union.

Article 22. Protection of rights and legitimate interests of public associations, unions

Protection of rights and legitimate interests of public associations, unions is carried out in the order established by the legislation.

CHAPTER 5
SUPERVISION OF EXECUTION OF LEGISLATION BY PUBLIC ASSOCIATIONS, UNIONS.
  CONTROL OVER COMPLIANCE OF ACTIVITY OF PUBLIC ASSOCIATIONS, UNIONS WITH THE LEGISLATION AND THEIR STATUTES

Article 23. Supervision of execution of legislation by public associations, unions

Supervision of strict and uniform execution of laws, decrees, edicts and other normative legal acts by public associations, unions is imposed on the General Prosecutor of the Republic of Belarus and prosecutors subordinated to him.

Article 24. Control over compliance of activity of public associations, their organizational structures, unions with the legislation and their statutes

Appropriate registering bodies exercise control over compliance of activity of public associations, unions with the Constitution of the Republic of Belarus, other acts of legislation and their statutes.

Appropriate departments of justice, executive and administrative bodies exercise control over compliance of activity of organizational structures of public associations with the Constitution of the Republic of Belarus, other acts of legislation and statutes of public associations.

Officials of appropriate registering bodies and officials of appropriate departments of justice, executive and administrative bodies, within the limits of their powers, have the right to participate in events held for statutory purposes by public associations, their organizational structures, unions, to request and obtain information about statutory activity of public associations, their organizational structures, unions, to get acquainted with their documents and decisions.

Public association, union must inform appropriate registering body about session (convocation) of its supreme body not later than seven days before.

In case of changing legal address of public association, union (location of governing body), public association, union are obliged to present, within a month, to the appropriate registering body all the documents necessary for state registration of changes and (or) additions introduced into the statute of public association, union.

Public association, union shall annually present to the appropriate registering till March 1 the following:

information about the continuation of its activity with indication of location of the governing body;

lists of members of elected bodies of the public association, union in which are indicated surname, own name, patronymic, date of birth, citizenship, place of residence and home phone number, place of work (studies) and office phone number, position in those elected bodies and the date of election of each member with enclosure of appropriate protocols. In case of changes of the composition of the elected bodies of public association, union, necessary data are to be presented to the appropriate registering body within the term of ten days from the day of making such a decision;

information of numerical strength of public association, union, its organizational structures, composition of union;

information on the events held for statutory purposes by public association, union during the year.

Article 25. Control over financial and economic activity of public associations, unions

State bodies and other state organizations, within the limits of their competence, exercise control over financial and economic activity of public associations, unions.

CHAPTER 6
LIABILITY OF PUBLIC ASSOCIATIONS, UNIONS

Article 26. Measures of liability

For violation of the Constitution of the Republic of Belarus, this Law, and other acts of legislation and (or) statute, the following measures of liability may be applied in respect of a public association, union :

written caution;

suspension of activities of public association, union;

liquidation of public association, union.

Public association, union which has caused damage to a person or property of a citizen, as well as property of a legal person, are obliged to compensate it in the order established by the legislation.

Other measures of liability and the procedure of their application may be established in respect of public association, union by legislative acts on fighting against terrorism and on counteraction of extremism.

Article 27. Written caution

In case of committing by public association, union actions violating the Constitution of the Republic of Belarus, this Law, other acts of legislation and (or) the statute of public association, union, except for the cases when violation entails the liquidation of the public association, union on the decision of the court, appropriate registering body shall issue a written caution to the public association, union.

A written caution shall be handed out or sent to the governing body of public association, union not later than in the term of three days after its issuance with the indication of committed violations and the term given for their elimination.

Public association, union is obliged to inform the registering body in writing about the elimination of violations which have given ground for the issuance of the written caution and present confirming documents not later than three day term after the expiration of the term for the elimination of violations stated in the written caution.

A written caution issued to an international or republican public association, union may be appealed against, within the term of a month after its receipt, to the Supreme Court of the Republic of Belarus. A written caution issued to local public association, union may be appealed against, within the term of a month after its receipt, to the regional, Minsk city court at the location of the governing body of this public association, union.

Article 28. Suspension of activities of public association, union

Activity of public association, union may be suspended for the term of one to six months by the decision of the court upon an application of the appropriate registering body in the case if that body has issued a written caution and the public association, union failed to eliminate violations which have given ground for the issuance of the written caution within the established term or to inform the appropriate registering body of their elimination with presentation of confirming documents.

The appropriate registering body is entitled to submit an application on suspension of the activity of public association, union to the court, unless the written caution has been appealed against in the court in the established order or if it was appealed against and recognized by the court to be justified.

Suspension of the activity of international and republican public associations, unions is carried out on a decision of the Supreme Court of the Republic of Belarus upon application of the Ministry of Justice.

Suspension of the activity of local public association, union is carried out on a decision of regional, Minsk city court at the location of the governing body of that public association, union upon application of the main department of justice of regional, Minsk city executive committee.

In case of suspension of the activity of public association, union for the term specified by the decision of the court, the public association, union is forbidden to carry out any activity, except for activity aimed at elimination of violations which have given ground for the suspension of activity.

Public association, its organizational structures, union are forbidden to use accounts in banks and non-banking credit and financial organizations in the case of suspension of their activity, except for making settlements on civil and labour contracts, payments to the republican and (or) local budgets, including state special-purpose budget funds, to state non-budget funds, as well as settlements connected with compensation of damages caused by actions of public association, its organizational structures, union .

If violations which have given grounds for suspension of activity of public association, union are removed within the term of suspension of activity of public association, union then, upon expiration of the established term, the public association, union renew their activity subject to a written notification to the appropriate registering body, not later than ten days before expiration of the period of suspension of activity of public association, about the elimination of indicated violations with submission of confirming documents.

Article 29. Liquidation of public association, union on decision of the court

Public association, union is liquidated on decision of the court in the case of:

carrying out by public association, union propaganda of war or extremist activities;

violation by public association, union of the legislation and (or) their statutes within a year after issuance of a written caution;

if, at the state registration of the public association, union founders, committed violations of this Law and (or) other acts of legislation that have irremovable nature;

if numerical strength and composition of the public association do not correspond to the requirements of part four of Article 8 of this Law, composition of the union - to the requirements of part six of Article 8 of this Law;

failure to eliminate, within the term specified by the decision of the court, violations which have given ground for suspension of activity of the public association, union.

failure of public association, union to submit during three consecutive years, within the established term, data provided by part six of Article 24 of this Law.

Public association, union may be liquidated on the decision of the court for a single violation of legislation on mass events in the cases provided by the legislative acts, as well as for the violation by public association, its organizational structure, union of the requirements established by the legislation for the use of foreign gratuitous assistance.

Liquidation of international and republican public associations, unions is carried out on a decision of the Supreme Court of the Republic of Belarus upon application of the Ministry of Justice.

Liquidation of local public association, union is carried out on a decision of regional, Minsk city court at the location of the governing body of that public association, union upon application of the main department of justice of regional, Minsk city executive committee.

CHAPTER 7
INTERNATIONAL RELATIONS OF PUBLIC ASSOCIATIONS, UNIONS.
  TREATIES

Article 30. International relations of public associations, unions

Public associations, unions, in accordance with their statutes, may take part in establishment of international public associations, unions in the territory of foreign states, join international public associations, unions established in the territory of foreign states. Public associations, unions may maintain direct international contacts and relations, conclude appropriate agreements, and carry out other activity that does not contradict the legislation of the Republic of Belarus, including treaties of the Republic of Belarus.

Article 31. Treaties

If treaties of the Republic of Belarus establish other rules than those contained in this Law, the rules of the treaties are applied.

 

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *