Definition of NGOs
The Civil Code of the Republic of Belarus identifies several types of public associations:
- public and religious organisations (associations);
- unions of legal entities (associations);
- funds and institutions;
- consumers’ cooperatives (Article 46 of the Civil Code of the Republic of Belarus, as of 1 July, 1999).
Founding of an NGOs
The public associations can be founded by the citizens of the Republic of Belarus who are 18 or more years old, except in cases of youth associations and unions, the minimum age should be 16 years old (at least ten individuals or legal entities) (Article 8 of the law On Public Associations, as of 4 October, 1994). An important step in creation process is the general meeting/conference of the founders.
Aims that may be pursued by NGOs and rules applicable to members
The aims of the public association should be clearly said in the charter of the organization (Article 8 of the law On Public Associations, as of 4 October, 1994).
Functioning of NGOs without state registration
The legal entity is considered as existing only in case when it is registered as a legal entity at the state registry (Article 47 of the Civil Code of the Republic of Belarus, as of 1 July, 1999).
Registration requirements for NGOs
For the state registration the applicant organisation should present:
1. application form signed at least by 3 founders;
2. the Charter of organisation;
3. minutes of the founding general meeting/conference;
4. receipt of the state duty payment;
5. other materials proving the fulfillment of requirements of current law;
6. other documents required by law (Article 13 of the law On Public Associations, as of 4 October, 1994).
The time limit for reviewing an application for registration is one month (Article 16 of the law On Public Associations, as of 4 October, 1994). The fee for registration is approx. 9 USD (Article 19 of the law On Public Associations, as of 4 October, 1994).
Authorized state bodies and NGO registry
The state registry is maintained by the Ministry of Justice of the Republic of Belarus. It is called State Register of Public Associations. The local city and community councils maintain the register of public associations and transfer to the Ministry of Justice in 10 days time (Article 20 of the law On Public Associations, as of 4 October, 1994).
Denial of registration to NGOs
The rejection of the registration of a public association can be done in cases if:
- the charter of the organisation is not in compliance with the requirements of the country’s legislation;
- the applicant organisation has not presented all needed documents;
- the charter of the organisation does not correspond to the declared aims and goals of the organization (Article 11 of the Regulation on State Registration (re-registration) of Political Parties, Trade Unions and Other Public Associations, as of 26 March, 2002).
In case of rejection of the application the state registry should provide all necessary explanations within 5 day (Article 12 of the Regulation on State Registration (re-registration) of Political Parties, Trade Unions and Other Public Associations, as of 26 March, 2002).
The decision of the state registry on rejection of the application can be appealed to the court by the applicant organisation or its representative (Article 16 of the Regulation on State Registration (re-registration) of Political Parties, Trade Unions and Other Public Associations, as of 26 March, 2002).
Branch offices of NGOs
There is no necessity to obtain an additional authorization for the opening of a branch office, because the branch office is counted as a part of the main organisation. The only thing should be done is to make all necessary changes in the charter of the organisation and register new changes only in case if the opening of branch offices was not foreseen in the original version of the charter (The Order of the Council of Ministers of the Republic of Belarus, On issues of State Registration of Organizational Structures (branches) of Political Parties, Trade Unions and other Public Associations).
Operational requirements for international NGOs
For the approval of the functioning of a branch office of the international/foreign organisation the applicants shall provide the following documents:
- copy of the charter and registration documents;
- other documents showing the organizational structure of the applicant organisation;
- other documents required by the law (Article 19 of the Regulation on State Registration (re-registration) of Political Parties, Trade Unions and Other Public Associations, as of 26 March, 2002).
Re-registration requirements for NGOs
There was a re-registration for all public associations on 1 August, 1999 (It was done according to presidential decree , On issues of State Registration of Organizational Structures (branches) of Political Parties, Trade Unions and other Public Associations). As a result of re-registration nearly 1000 public associations were closed because of new and not always lawful requirements of the registration authority.
Right of appeal of NGOs
The control over the public associations is done by several agencies. The registration body can scrutinize the activities of public association vis-à-vis its charter and goals. The financial control is done by tax inspection bodies of the Republic of Belarus. Other interference in the activities of the public association can be done in the same way as it is foreseen for other legal entities.
Authorized state bodies granting financial and other benefits to NGOs
There are no provisions in Belarusian legislation allowing public associations to apply and get financial benefits. Only some youth organisations and organisations of physically handicaps enjoy financial and other benefits, particularly those which are pro-governmental, they get direct financial support from the government.
Foreign funding of NGOs
The foreign funding for public associations is foreseen by legislation. But if the foreign funding is in the form of a grant it should be registered with the Department of Humanitarian Activities of the Presidential Administration of the Republic of Belarus (Decree of the President of the Republic of Belarus On Receiving and Use of Foreign Grants, as of 28 November, 2003).
Tax exemptions to NGOs
The main government agencies to which the public associations should report are:
1. the tax inspection of the Republic of Belarus;
2. Ministry of Statistics of the Republic of Belarus;
3. Ministry of Economics of the Republic of Belarus;
The public associations shall present their financial reporting to the tax authorities and pay taxes as other legal entities (According to the Law On Taxes and Payments to the State Budget of the Republic of Belarus, as of 20 December, 1991). Apart form usual reporting on statistics the public associations shall also present reports on use of financial means if they have bank accounts. They shall also present all relevant information on their members, the work they do and their income. Apart from all this the public associations should present reports on usage of their vehicles (According to the Order of the Ministry of Statistics On Forms of State Statistical Accountability, as of 12 May, 2004). The public associations shall also present to the relevant authorities reports concerning the expenditures of the foreign grants and technical assistance.
Termination, dissolution and liquidation procedure for NGOs
There are two main ways of dissolution of public associations: compulsory, by a court ruling and voluntary, by a decision of a governing body of the association (Article 57 of the Civil Code of the Republic of Belarus, as of 1 July, 1999).
Participation in law-drafting that affects the status of NGOs
The involvement of the public associations in the law making process is not foreseen in the legislation of the Republic of Belarus. Such an involvement is nearly excluded.
Posted in October 2006
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