CCC Creative Center propositions to Law of Ukraine "About changes to some of laws of Ukraine from questions about registration of legal personalities".

The project of Law of Ukraine "About making changes in some of Laws in Ukraine from questions about registration of legal personalities" designed and published by Ministry of Justice of Ukraine for deliberation. Never the less this Law also considers the procedure of Charity organizations registration.

CCC Creative Center sent own propositions about this Law to the Ministry of Justice.

Comments by Creative Center CCC concerning the draft law of Ukraine On Civic Organizations

The history of approval of the new law that will regulate activities of civic organizations is very long. Tymoshenko's government tabled the bill at the Verkhovna Rada where it was “successfully” delayed by representatives of the then opposition that is the ruling party today. Currently, Azarov's government offers a new wording of the Draft Law of Ukraine On Civic Organizations, which in fact repeats many provisions of the previous bill (Registration No. 3371).

One has to mention that the new daft law contains many norms that will have a positive influence on the development of the civic organizations sector. Certainly, the draft law contains many innovative provisions, the need for which was repeatedly mentioned by the activists of Ukrainian civic organizations.

Namely, the positive features of the draft law include:

• a new definition of the term “civic organization” that is more in line with the European standards and enables the respective associations to act not only on behalf of their members but also on behalf of social population groups;
• elimination of the territoriality principle applied to the activities of a civic organization;
• reduction of the period of time necessary for registration of a civic organization and an actual leveling of rights with other legal entities.

At the same time, the draft law unfortunately has many provisions that cause concerns and are unacceptable from the point of view of democracy and Ukraine's European integration aspirations. For instance, the draft law suggests a disproportional and inadequate increase of the state control of activities of civic organizations. In fact, it creates numerous conditions for abuse of the norms of control by the authorities. A special concern is caused by the norms providing for the right to suspend activities of a civic organization that failed to submit its tax reports within one year. No0 legal entity in Ukraine can be terminated on these grounds and civic organizations are rendered the most discriminated due to this provision.

Such norms directly or indirectly violate Ukraine's commitments in the sphere of its cooperation with the European Union and obviously run contrary to the provisions of the Concept Paper on Facilitation of Activities of Civil Society Institutions by Executive Bodies. Thus, the principal objectives of this Concept Paper include the government's intention to improve the normative legal base on civil society development, activities of civil society institutions, public access to information; creation of adequate conditions for development of civil society institutions. In fact, the forms and mechanisms of governmental control of activities of civic organizations that are offered in the draft law do not improve the legislation bur worsen it compared to the applicable legislation; they do not create adequate conditions but deteriorate them.

The authors of the draft law suggest Clause 3 Part 1 Article 30 of the draft law should be eliminated since the norm on the penalty is incommensurable with the discussed violation. Furthermore, the Code of Laws on Administrative Offences has already regulated and provided for the respective penalty for this type of violation.

The norm offered by the authors of the draft law also put civic organizations in unequal conditions compared to other legal entities. Furthermore, citizens will be punished according to their affiliation with a civic organization that violates other norms of this draft law prohibiting discrimination on the grounds of affiliation or non-affiliation to a civic organization.

In the same context, one should consider the provisions on the procedure for legalization of civic organizations and state registration of amendments to the statutes of such organizations. On the one hand, the draft law contains a positive norm on leveling the rights of civic organizations with other legal entities in terms of duration of the legalization process. However, such leveling in all other stages in fact leads to the limitation not only of the rights but also of opportunities of the citizens to create civic organizations. One should mention first of all the amount of the registration fee. The norm on the amount of the registration fee offered by the authors of the draft law is discriminatory. As of today, the CMU Resolution Nos. 143 dd. February 26, 1993 provides for the registration fee from 340 UAH to 42.5UAH depending on the type of an organization. The draft law provides for a uniform amount totaling 170 UAH that will lead to a nearly double increase of expenses, for instance, for the citizens living in small communities in rural areas where the incomes are not high.

In view of this, we suggest a norm, according to which the amount of the registration fee should be 25% of the amount of the registration fee provided for in the Law of Ukraine On State Registration of Legal Entities and Individual Entrepreneurs.

The aforementioned Resolution of the Cabinet of Ministers of Ukraine today also reads that the registration of amendments to the statutory documents of civic organizations is carried out free of charge. The norm suggested by the authors of the draft law introducing the registration fee for such amendments actually means deterioration of the current rights of civic organizations. Potentially, this norm can be applied to a civic organization in order to make it work impossible by forcing it to constantly amend its statute according to the results of the state control.

We also suggest that the applicable norm of the current legislation on exemption from payment of the registration fee for the youth and child NGOs, civic organizations of disabled individuals, and organizations of veterans should be preserved. These benefits will not result in a decrease of budget incomes since they are neither new nor additional. We suggest they should be preserved.

Detailed CCC comments on individual articles of the draft law can be viewed here.

Electronic discussion of bill "About charity and charity organizations"

Ukrainian independent center of political researches together with web-site “GURT” organized electronic discussion of bill "About charity and charity organizations".

On this web-site you can find the text of bill and place your comments and propositions.

Project experts will reply your questions during 24 hours.

CCC Creative Center is active participant company from promotion changes in the bill, which regulates charity in Ukraine. CCC support initiatives for improvement domestic law framework and creation favorable conditions for activity charity organizations.

Let's ask all civil society organizations don't be disinterested and add their propositions. Your recommendations are very important for preparation final version of bill, which will be passed to parliament consideration!

Results of public discussion of bill on volunteer movement

The Ministry of Justice of Ukraine has brought out the report on the results of public discussion of draft law of Ukraine “About Volunteer Movement”.

According to the information of the Ministry of Justice of Ukraine, public discussion has engaged 3 citizens and 7 non-governmental organizations. They have received 31 propositions and comments, 14 of them have been taken into account. During the discussion they have proposed to substitute draft law with draft state program or branch programs – for state support of volunteer activity (cultural heritage protection, social work with children and youth, environmental protection, Euro 2012, national sports competitions etc.).

You can acquaint yourself with the report in detail here: http://www.minjust.gov.ua/0/21391

CCC Creative Center has also joined the discussion of the draft law mentioned above and sent own propositions and recommendations.