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Registration of a youth CSO
The Law of Ukraine "On Citizens' Associations" of 16.06.1992 No. 2460-XII regulated the activities of public associations until 2013, but it was criticized by international and national experts, and in 2008 was recognized as undemocratic by the European Court of Human Rights. It should be noted that youth movements, the most active and democratic part of the population of any society, have always fought against the formalization and excessive politicization of this and many other laws of post-totalitarian Ukraine. In order to realize the right of citizens to associate in Ukraine, a new Law "On Public Associations" was adopted on 22.03.2012, № 4572-17, which entered into force on 01.01.2013. But even today the provisions of the Law of 01.12.1998 № 281-XIV "On Youth and Children's Public Organizations" as amended on 06.01.2011 are still in force.
Youth public organizations (in Ukraine) are associations of citizens aged 14 to 35 years, whose purpose is to exercise and protect their rights and freedoms and to satisfy political, economic, social, cultural and other common interests, whose founders may be citizens of Ukraine, as well as foreigners and stateless persons who are legally in Ukraine. Older persons may be members of an IGO if their number does not exceed one third of the total number of members.
At all times, young people have organized themselves into stable groups for active socialization and self-realization, and the spread of informal associations of young people (interest groups or "peer groups") has become widespread with the development of democracy around the world. Much less attention has been paid to the problems of formal youth public associations. As a rule, they are now considered either purely in the historical aspect or in the context of their political subjectivity. However, YCSOs represent a huge potential for social development, act as a real engine of progress, and according to the goals they set for themselves, they can be divided into two large groups: organizations of mutual benefit or associations based on interests (according to the American classification, issue-oriented), i.e., oriented in their activities towards themselves, i.e., towards their own members, and organizations of public benefit (policy-oriented), serving the public interest - charitable, human rights organizations, youth parliaments, etc. According to the law, youth NGOs should be actively involved by executive authorities and local self-government bodies in the development and discussion of decisions on state youth policy.
In addition to the fundamental principles of voluntariness, equality of members, and self-governance, youth organizations are based on the principle of publicity, i.e. they must make information about their activities available to the public - information contained in their charters, on the composition of their governing bodies, and on sources of material and other income is not confidential or protected by law from the general public.
There are two options for establishing an NGO: by notification (without obtaining the status of a legal entity) or registration (with this status). It is clear that registration equates the youth organization with the rights of other legal entities, and this is the only option for its active public life. Given that an NGO belongs to organizations with a non-profit status, it has all the tax advantages that this status provides.
Documents required for state registration of an NGO:
- registration card;
- charter (regulations) in two copies;
- minutes of the constituent congress (conference) or general meeting that adopted the charter (regulations);
- information on the composition of the management of the central statutory bodies, information on the founders of the IHO;
- information on the presence of local branches, confirmed by the minutes of conferences (meetings);
- confirmation of the legal address (a document confirming the ownership of the premises or a lease agreement).
Youth public organizations are exempt from paying state registration fees and fees for registration of their symbols.By law, membership fees and voluntary donations received for the implementation of statutory activities are not taxed.
Executive authorities and local self-government bodies are obliged to financially support the youth movement and engage youth NGOs in fulfilling orders for state and local needs. In their turn, CSOs are obliged to submit reports on the targeted use of finances and material assets within the timeframe established by law. This is a prerequisite for granting and enjoying the preferential treatment granted by the status of a non-profit organization, and should generally contribute to increasing the level of transparency and democracy in the public consciousness regarding the activities of any CSO.
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