Public organizations are increasingly becoming effective tools for protecting public interests and implementing important initiatives. However, the establishment of such an association requires not only a desire to act, but also strict compliance with legislative requirements. The Law of Ukraine "On Public Associations" determines the procedure for establishment, membership conditions, restrictions on names and a list of documents for state registration. Read more on the main legal nuances below.
Signs of a public organization
A public organization is a non-profit structure that unites citizens to achieve a common goal. The main feature of a public organization is its focus on the interests of society, not on making a profit. Therefore, the organization can solve a wide variety of issues: from the dissemination and development of culture to the protection of the territorial integrity of the country.
The Law of Ukraine "On Public Associations" is a key document regulating the formation of such organizations. According to this law, a public association can be established in the form of a public organization or a public union. Each type has its own requirements and conditions for formation, so it is important to familiarize yourself with the rules for founding: who can be a founder, how and when decisions are made, and what documents need to be prepared.
The law defines a public association as a voluntary association of individuals and/or legal entities under private law to exercise and protect rights and freedoms, and to satisfy public, economic, social, cultural, environmental and other interests.
Founders and members of the public organization
A natural person who has reached the age of 18 can establish a public organization, and membership is only allowed from the age of 14. At least two persons are required to establish it, who will make the appropriate decision at the constituent meeting and formalize it in the minutes.
Features of youth public organizations
Members (participants) of youth public organizations may be individuals aged 14 to 35. Older persons are allowed to be members of youth public organizations provided that their number does not exceed 20% of the total number of members of the organization. In the composition of the elected bodies of youth public organizations, the number of older persons cannot exceed 50% of the number of the elected body. The founders of a youth public union may be youth public organizations that are legal entities of private law, and members (participants) of a youth public union - youth public organizations that are legal entities of private law, and individuals aged 14 to 35 inclusive.
Name of public organization
In the name of a public organization, it is prohibited to use the name of a state authority, an authority of the Autonomous Republic of Crimea, a local self-government body, as well as the component names of these bodies (ministry, agency, service, inspection, committee, administration, prosecutor's office, court). In addition, it is prohibited to establish and operate public associations whose goal or actions are aimed at eliminating the independence of Ukraine, changing the constitutional order by force, violating the sovereignty and territorial integrity of the state, undermining its security, and illegally seizing state power.
Rules for registering a public organization
The bodies carrying out state registration of public associations are interregional departments of the Ministry of Justice of Ukraine. For this purpose, the applicant (founder, a person authorized by the latter, a person authorized by the decision to establish a public association) submits documents specified by the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations", including:
- application for state registration of the establishment of a legal entity;
- copy of the founders' decision;
- document confirming the creation of a public formation, compliance
- charter of the legal entity on the basis of which the public organization operates;
- information about the governing bodies of the public organization;
- constituent document of a legal entity;
- register of persons (citizens) who participated in the founding congress (conference, meetings);
- program of a political party and a list of signatures of citizens of Ukraine - in the case of state registration of the creation of a political party;
- document on payment of administrative fee, etc.
