Legal framework

Constitutional provisions

According to Constitution there is a distinction between forming non-profit and profit-making associations. Everyone has the right to form non-profit associations. (Article 48 of the Constitution) Constitution further stipulates that Estonian citizens have the right to engage in enterprise and to form commercial undertakings and unions.

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Legal framework

Constitutional provisions

According to Constitution there is a distinction between forming non-profit and profit-making associations. Everyone has the right to form non-profit associations. (Article 48 of the Constitution) Constitution further stipulates that Estonian citizens have the right to engage in enterprise and to form commercial undertakings and unions. (Article 31 of the Constitution) Conditions and procedure for the exercise of this right may be provided by law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.

Primary Legislation

The legal framework on non-profit associations includes but limited by the following acts:

- The General Principles of the Civil Code Act, a part of the Civil Code (Passed on June 28, 1994, entered into force September 1, 1994);

- Non-profit Associations Act (Passed June 27, 1995, entered into force October 1, 1996);

- Foundations Act (Passed November 15, 1995, entered into force October 1, 1996);

- Trade Union Act (Passed June 14, 2000, entered into force July 23, 2000)

- Political Parties Act (Passed May 11, 1994, entered into force June 16, 1994)

- Churches and Congregations Act (Passed February 12, 2002, entered into force July 1, 2002).

Secondary legislation

- Regulation No. 55 of the Minister of Justice of November 30, 1998 on Approval of Rates of Fees for Using Computer Data in Commercial Register, Non-profit Associations and Foundations Register or Commercial Pledge Register;

- Regulation No. 280 of the Minister of Justice of November 16, 2004 on Terms and Conditions and Procedure for Applying for the Support of Legal Persons that Are Non-profit Associations and Provide Legal Services;

Possible restrictions and suspensions

Rights and freedoms may be restricted only in accordance with the Constitution. Such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted. (Article 11 of the Constitution) The right to belong to political parties and some types of non-profit associations may be restricted by law for some categories of civil servants. (Article 30 para.2 of the Constitution) Particularly, only Estonian citizens may belong to political parties. (Article 48 para.1 of the Constitution) Organisations, unions, and political parties whose aims or activities are directed at changing the constitutional order of Estonia by force, or are otherwise in conflict with the law providing for criminal responsibility, are prohibited.(Article 48 para.3 of the Constitution) Particular grounds for compulsory dissolution of a non-profit association are regulated by the Non-profit Associations Act. (Article 40 of the Law)

Analysis provided by Dmitry Kabak, OSCE/ODIHR consultant.

Posted: March 2007

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