All-Ukrainian status of non-governmental organization. Clarification of legal aspects

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The term “all-Ukrainian status of public associations” has existed since 2012 when the Law of Ukraine “On association of citizens” was adopted.

But the new Law of Ukraine on regulation public associations puts notable changes in this term. Nonetheless we still hear from our Clients questions “Will we be able to work across Ukraine?”, “Will we have an all-Ukrainian status?” So these questions predeterminated necessity of this article.

All organizations were divided into international, all-Ukrainian and local according to their location until 2013. Activity of all-Ukrainian organization had to spread across Ukraine and organization had to register its chapters in the most regions. If public association couldn’t provide that  amount of chapters then it was supposed that its activity didn’t spread across Ukraine. So association didn’t get this status.

The clauses of old law also demanded to note an organization’s status in charter. In order to that an association had to put changes into a charter in a case of changing its location.

There is one more difference. All-Ukrainian and international organizations were registered by the Ministry of Justice of Ukraine and local organizations were registered by local chapters of the Ministry.

As follows a local organization didn’t have a right to do its activity in other regions but only in a case of registration there and after registration in the Ministry of Justice of Ukraine.

If an association did it then it had to pay fines, taxes, it lost a non-profitable status and its activity could be stopped by the state body.

The rules have been changed significantly since adopting the Law of Ukraine “On public associations”.

At the moment each organization or unity isn’t limited in territory of its activity. Each public association, which has been registered since January 2013, has a right to spread its activity not only in Ukraine but also abroad. At the same time an association mustn’t register chapters in the most regions of Ukraine or abroad.

Obviously that if an organization put a clause about its local status into a charter then it restricted a territory of its activity by itself. It’s also rightfully for organizations which were registered until 2013 and their charters have clauses about it. We recommend organizations to put those charters into accordance with the new law. It’s not only law’s requirement but also defeating organization’s interests.

However, there is the 19 article on all-Ukrainian status which complicates our article.

Pay attention that the new term of “all-Ukrainian status” is an additional option for public association and it doesn’t related to territory where an association has a right to do its activity. A public association decides by itself whether to get the new “all-Ukrainian status” or not. To say the truth It’s not enough to have only will. As previously, an organization must give information about its chapters in the most regions of Ukraine.

For what did lawmaker leave this term in the law? Moreover, a profiled law on charitable organizations doesn’t regulate this matter at all.

The answer for this question we can find in various legislative acts which remind term of “all-Ukrainian status” while getting some specific rights or some budget funding. We can answer briefly for this: the 19 article doesn’t concern to most of the organizations and regulates few of them.

The new law puts other important changes. For example, local centers are cancelled and now there are structural units. The terminology has been changes significantly. In order to that all organizations’ charters must be in accordance with the new law until 2017.

Our company has a huge experience in this sphere. We will be glad to help with your situation.

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Publication date: 01/03/2016
Volodymyr Gurlov

About author

Name: Volodymyr Gurlov

Position: Partner

Education: National Academy of the Security Service of Ukraine

Knowledge of languages: Russian, Ukrainian, English

Email: [email protected]

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