On public associations in the Republic of Uzbekistan (223-XII-son)

15.02.1991

Law of the Republic of Uzbekistan

Based on the Universal Declaration of Human Rights and the Constitution of the Republic of Uzbekistan, this Law establishes the freedom of citizens to form public associations as their inalienable right.

CHAPTER I. GENERAL PROVISIONS

Article 1. The Concept of a Public Association

A public association is a voluntary entity formed as a result of the free expression of will by citizens who unite in order to jointly realize their rights, freedoms, and lawful interests in the fields of politics, the economy, social development, science, culture, ecology, and other spheres of life.

Political parties, mass movements, trade unions, organizations of women, youth and children, veterans and persons with disabilities, scientific-technical, cultural-educational, physical culture and sports, and other voluntary societies, creative unions, compatriot associations, associations, and other associations of citizens shall be recognized as public associations.

This Law shall not apply to cooperative organizations or other entities established for commercial purposes or aimed at assisting enterprises and organizations in obtaining profit (income), to religious organizations, bodies of citizensʼ self-government, as well as to other bodies the establishment and activities of which are regulated by other legislation.

Article 2. Legislation of the Republic of Uzbekistan on Public Associations

The legislation of the Republic of Uzbekistan on public associations consists of this Law, which establishes the foundations of the legal status of public associations, the Law of the Republic of Karakalpakstan on public associations, and other legislative acts of the Republic of Uzbekistan.

Article 3. Purpose of Establishing Public Associations

Public associations shall be established for the purpose of realizing and protecting civil, political, economic, social and cultural rights and freedoms; fostering the activeness and initiative of citizens and their participation in the governance of state and public affairs; satisfying professional and amateur interests; developing scientific, technical and artistic creativity; preserving public health and participating in charitable activities; carrying out cultural-educational, physical culture, health-improving and sports activities; protecting nature and cultural heritage objects; promoting patriotic and humanistic education; expanding inter-republican and international relations, strengthening peace and friendship among peoples; and carrying out other activities not prohibited by law.

The establishment of public associations whose activities are aimed at undermining the moral foundations of society and universal humanistic values, as well as at unlawfully altering the constitutional order or violating the territorial integrity of the Republic of Uzbekistan, inciting war, violence and cruelty, fostering social division, including class, racial, national and religious enmity, or engaging in other acts prohibited by law, shall not be permitted.

The establishment of militarized public associations and armed formations, as well as political parties of a religious character, their branches, and other structural subdivisions, shall be prohibited.

Public associations and their bodies shall not exert unlawful or undemocratic pressure on legally and democratically formed bodies of power and administration, or on persons vested with state authority. Any attempt to exert pressure under the pretext of resolving issues in a democratic way against the legitimately functioning bodies of power and administration and officials shall be suppressed by law.

The establishment and activity of public associations that infringe upon the health and morals of the population, the rights of citizens, or the interests protected by law shall be prosecuted in accordance with the law.

Article 4. Principles of the Formation and Activity of Public Associations

Public associations shall be established and operate on the principles of voluntariness, equality of rights of their members (participants), self-governance, legality, and transparency.

All public associations, in carrying out the tasks specified in their statutes and other documents, shall act within the framework of the Constitution of the Republic of Uzbekistan and other laws of the Republic of Uzbekistan.

A citizenʼs participation or non-participation in the activity of a public association shall not serve as grounds for restricting his or her rights and freedoms or granting privileges, including as a condition for holding a position in a state body or as a reason for failing to fulfill obligations provided by law.

The labor legislation, as well as the legislation on social security and social insurance of workers, shall apply to employees of the apparatus of public associations.

Article 5. The State and Public Associations

The State shall ensure respect for the rights and lawful interests of public associations and, in accordance with the Constitution, guarantee the creation of conditions for them to carry out the tasks set forth in their statutes.

The State shall provide material and moral support to youth and childrenʼs organizations, ensure the implementation of a preferential tax policy toward them, and grant childrenʼs organizations the right to use, free of charge or on preferential terms, school and extracurricular institution buildings, clubs, palaces and houses of culture, sports facilities, and other premises.

Except in cases provided by law, state bodies and officials shall not interfere in the activities of public associations, nor shall public associations interfere in the activities of state bodies and officials.

Events of public associations shall be carried out mainly during the free time of their members (participants) and at the expense of these associations.

Issues related to the interests of public associations shall be resolved by state bodies and economic organizations with the participation of the relevant public associations or in agreement with them, in cases provided by law.

Article 6. Republican Public Associations and Other Public Associations

Public associations whose activities, in accordance with their statutes, are carried out throughout the entire territory of the republic, shall be considered republican public associations. In this case, a political party must have at least twenty thousand members residing in no fewer than eight territorial entities (regions), including the Republic of Karakalpakstan and the city of Tashkent; and a trade union must have at least three thousand members.

Regional, district, city, settlement, and rural public associations shall be considered local public associations.

Public associations whose activities, in accordance with their statutes, are carried out throughout a region, or throughout the city of Tashkent, shall be considered regional or Tashkent city public associations.

Public associations whose activities, in accordance with their statutes, are carried out throughout a district (or city), shall be considered district (or city) public associations.

Public associations whose activities, in accordance with their statutes, are carried out within a settlement or village, shall be considered settlement or village public associations.

Where necessary, inter-regional and inter-district public organizations may be established.

Article 7. Unions of Public Associations

Public associations shall have the right, on the basis of voluntariness, to unite into unions of public associations.

Unions of public associations shall be established, operate, and terminate their activities in accordance with the procedure established in this Law for public associations.

CHAPTER II. ESTABLISHMENT OF PUBLIC ASSOCIATIONS AND TERMINATION OF THEIR ACTIVITIES

Article 8. Establishment of Public Associations

A public association shall be established on the initiative of at least ten citizens.

The initiators of establishing a public association shall convene a founding congress (conference) or a general meeting, at which the statute (charter or other founding document) shall be adopted and governing bodies shall be formed.

Article 9. Membership in a Public Association

Citizens of the Republic of Uzbekistan may be members (participants) of public associations. Except for political parties, the statute of a public association may provide for the admission of foreign citizens and stateless persons as members.

Citizens of the Republic of Uzbekistan who have reached the age of eighteen may be members of republican political parties.

A member of one political party may not at the same time be a member of another political party.

Except for political parties and trade unions, the statutes of public associations may allow for collective membership, in which labor collectives of enterprises, institutions and organizations, as well as associations of citizens, may participate in the activities of the association.

Article 10. Statute of a Public Association

The statute of a public association shall include the following:

the name, purpose, and tasks of the public association;

the internal structure of the public association, the territory in which it carries out its activities;

the conditions and procedure for admission to membership in the public association, and, where the association maintains a register of members, the conditions and procedure for withdrawal from membership;

the rights and duties of the members (participants) of the public association;

the powers of the governing bodies of the public association and its organizations, the procedure for their formation, and the term of their authority;

the sources of financing for the funds and other property of the public association and its organizations;

the location of the governing body of the public association;

the procedure for introducing amendments and additions to the statute of the public association;

the procedure for terminating the activities of the public association.

The statute may also provide for other rules related to the activity of the public association.

The statute of a public association must not contradict current legislation.

Article 11. Registration of Statutes of Public Associations

The statutes of international public organizations operating in the Republic of Uzbekistan, as well as republican and interregional associations, shall be registered by the Ministry of Justice of the Republic of Uzbekistan.

The procedure for registering the statute of a public association in the Republic of Karakalpakstan shall be determined by the legislation of the Republic of Karakalpakstan.

The statutes of public associations operating within a region, district, city, settlement, or village, or in the territory of two or more districts, cities, settlements, or villages, shall be registered by the departments of justice of the regional and Tashkent city khokimiyats.

In order to register the statute of a public association, within one month from the date of its adoption, an application signed by the members of the governing body of that public association, indicating the surname, first name, patronymic, year of birth, and place of residence of each member, shall be submitted. The application shall be accompanied by the statute, the minutes of the founding congress (conference) or general meeting at which the statute was adopted, and other materials confirming compliance with the requirements of Articles 6 and 8 of this Law.

The application for registration of the statute shall be reviewed within one month from the date of its submission.

Amendments and additions to the statutes of public associations shall also be registered in accordance with the procedure and within the time limits established for the registration of statutes.

The authorities registering statutes of public associations shall maintain a register of such associations.

A public association or its organizations (bodies) shall begin to carry out their activities in accordance with this Law and may be recognized as legal entities in accordance with civil legislation from the day their statutes are registered.

International public associations, their branches and representative offices, including mass movements and their subdivisions, as well as republican and local public associations (including mass movements) shall not be permitted to operate in the territory of the Republic of Uzbekistan if they have not registered their statutes with the Ministry of Justice of the Republic of Uzbekistan or its local bodies.

For the registration of the statute of a public association and subsequent amendments and additions thereto, a state fee shall be charged in the amount established by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 12. Refusal to Register the Statute of a Public Association

If the statute of a public association contradicts the provisions of Articles 3, 4 or 10 of this Law, or if a public association with the same name has already been registered, registration of the statute of the public association may be refused.

In case of refusal to register the statute, the applicant shall be notified in writing indicating the provisions of legislation with which the submitted statute is in conflict.

The refusal to register the statute of a public association may be appealed in court, and the case shall be considered in accordance with the civil procedural legislation of the Republic of Uzbekistan.

Refusal to register the statutes of international, republican and interregional public associations may be appealed to the Supreme Court of the Republic of Uzbekistan, while refusal to register the statutes of local public associations may be appealed to the relevant regional or Tashkent city court.

Article 13. Symbols of Public Associations

Public associations may have their own emblem, flag and pennant as symbols.

The emblems of public associations shall be approved by their governing bodies in accordance with their statutes.

The emblems and pennants of public associations must not serve to promote the objectives specified in the second part of Article 3 of this Law.

Flags and pennants shall be registered with the state in the prescribed manner.

Article 14. Suspension of the Activities of Public Associations

The activities of public associations may be suspended through reorganization (merger, consolidation, division) or liquidation.

Public associations shall be reorganized by a decision of their congresses (conferences) or general meetings. After reorganization, the statute of the newly established public association shall be registered in accordance with the procedure provided in Article 11 of this Law.

A public association shall be liquidated by a decision of its congress (conference) or general meeting, or on the grounds and in the manner provided for in Article 22 of this Law.

The property of a public association liquidated by a decision of its congress (conference) or general meeting shall be used for the purposes provided in its statute.

The termination or suspension of the activities of a political party shall be carried out in accordance with the Law of the Republic of Uzbekistan “On political parties”.

CHAPTER III. RIGHTS OF PUBLIC ASSOCIATIONS AND CONDITIONS OF THEIR ACTIVITIES

Article 15. Rights of Public Associations

Public associations are equal before the law.

The rights of public associations shall be specified in their statutes.

Public associations, in order to achieve the goals and tasks defined in their statutes, programs and other documents, shall freely disseminate information about their purposes and activities, and in cases and in the manner provided by law:

participate in the formation of state authorities and administration;

take part in the preparation of decisions of state authorities and administration;

act on behalf of their members (participants) in state and public bodies and protect their lawful interests;

exercise powers provided for in this Law and other legislative acts of the Republic of Uzbekistan, and in the Republic of Karakalpakstan — also in other legislation of the Republic of Karakalpakstan.

Article 16. Political Parties, Mass Public Movements, Trade Unions

Political parties seek to realize the political will of a certain part of society in the formation of state authorities, and participate in the administration of state and public affairs through their representatives.

Political parties shall have program documents, which shall be published in the press for public awareness.

Political parties shall have the right to nominate candidates for deputy, conduct election campaigning, form factions in the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan, and form party groups in the Jokargy Kenes of the Republic of Karakalpakstan and in local representative bodies of state power.

Mass public movements pursue political or other objectives and do not have registered members.

Military servicemen and persons holding positions in law enforcement bodies shall act in accordance with legal requirements in their service activities and shall not be bound by the decisions of political parties or mass public movements pursuing political objectives.

Trade unions, in relations with state bodies, economic organizations, cooperatives and other public associations, act in accordance with the current legislation on trade unions, pursue and protect the production, socio-economic and cultural interests of trade union members.

Political parties and trade unions shall have only individually registered members.

Article 17. Productive and Other Entrepreneurial Activities of Public Associations

Public associations, in accordance with the procedure established by law, may engage in productive and other entrepreneurial activities, and may establish enterprises and self-financing organizations possessing the status of a legal entity, solely for the purpose of fulfilling the tasks set forth in their statutes.

Income derived from productive and other entrepreneurial activities of public associations shall not be redistributed among their members (participants), and shall be used only for the implementation of statutory tasks; public associations may use their funds for charitable purposes even if such purposes are not indicated in their statutes.

Enterprises and organizations established by public associations shall transfer funds to the budget in the manner and amount established by law.

Article 18. Property of Public Associations

Public associations and their organizations may own buildings, structures, housing stock, equipment, tools, property intended for cultural, educational and health purposes, funds, shares, other securities, as well as other property necessary to provide material support for activities stipulated in their statutes, as well as intellectual property objects.

Publishers, other enterprises and charitable institutions established at the expense of the associationsʼ funds in accordance with the purposes specified in their statutes may also constitute the property of public associations.

The legislation of the Republic of Uzbekistan, and in the Republic of Karakalpakstan — the legislation of the Republic of Karakalpakstan, may determine types of property which, for reasons of state and public security or in accordance with international treaties, cannot be the property of public associations.

The funds of public associations, if provided for in the statute, shall be formed from entrance and membership fees; voluntary contributions and donations; proceeds from lectures, exhibitions, sports events and other events, lotteries held in accordance with the statute; income from production, economic and publishing activities; and other receipts not prohibited by law.

Political parties and mass public movements pursuing political objectives are prohibited from receiving financial or other material assistance from foreign states, international organizations, legal entities of foreign states, their representative offices and branches, enterprises with foreign investments, foreign citizens, stateless persons, bodies of citizensʼ self-government, religious organizations, or from persons whose identity is concealed or indicated only by pseudonym.

If such assistance is received, these funds must be returned; if return is impossible, they shall be transferred to state revenue.

Financing of political parties shall be carried out in accordance with the Law of the Republic of Uzbekistan “On financing of political parties.”

Political parties shall publish their budgets annually for public awareness.

The property of public associations shall be protected by law.

The powers of unions and the associations belonging to them with respect to ownership, use and disposal of property belonging to the union and its affiliated associations shall be defined in the statutes of unions of public associations.

Article 19. Mass Media and Publishing Activities of Public Associations

Public associations shall have the right to establish mass media and to engage in publishing activities in accordance with the current legislation on the press and other mass media.

CHAPTER IV. SUPERVISION OF THE ACTIVITIES OF PUBLIC ASSOCIATIONS. LIABILITY FOR VIOLATION OF LEGISLATION

Article 20. Supervision and Monitoring of the Activities of Public Associations

Financial bodies shall supervise the provision of funds to public associations, the sources of their income, the amount of funds received, and the payment of taxes in accordance with tax legislation.

Prosecutorʼs offices shall supervise compliance by public associations with the laws.

The Ministry of Justice of the Republic of Uzbekistan and its local bodies, which have registered the statute of a public association, shall supervise compliance with the statutory provisions relating to the purposes of the public association. The registering authority shall be entitled to require the governing body of the public association to submit adopted decisions, to send its representatives to events conducted by public associations, and to request explanations from members of the public association and other citizens on matters related to compliance with the statute of the public association.

Article 21. Grounds for Liability

Violation of the legislation on public associations shall entail criminal, administrative, material, or other liability in accordance with applicable legislation.

Officials of state and public bodies, as well as citizens found guilty of violating the legislation on public associations, shall be held liable.

A public association, including one that has not registered its statute, shall be liable in accordance with the law if it violates the legislation on public associations.

If a public association commits actions going beyond the purposes and tasks established in its statute or violating the law, its governing body may be warned in writing by the registering authority of the statute or by the prosecutor.

Article 22. Dissolution of a Public Association in Case of Violation of Statutory or Legal Requirements

A public association may be dissolved by court decision if it commits acts stipulated in parts two, three, or four of Article 3 of this Law, or in part four of Article 18 of this Law.

A court may dissolve a public association for repeatedly committing, within one year, the actions stipulated in part four of Article 21 of this Law.

The property of a public association dissolved by court decision may, without reimbursement, become state property.

International public associations, their branches and representative offices, republican and interregional public associations shall be dissolved in accordance with a decision of the Supreme Court of the Republic of Uzbekistan, based on submissions from the Prosecutor of the Republic of Uzbekistan, the Ministry of Justice of the Republic of Uzbekistan, the Main State Tax Administration, as well as other bodies and officials authorized by the legislation of the Republic of Uzbekistan. A decision of the Supreme Court of the Republic of Uzbekistan on the dissolution of a public association shall not be subject to appeal.

Local public associations shall be dissolved by the relevant regional or Tashkent city courts. A decision of such courts may be appealed to the Supreme Court of the Republic of Uzbekistan.

CHAPTER V. INTERNATIONAL RELATIONS OF PUBLIC ASSOCIATIONS. INTERNATIONAL PUBLIC ASSOCIATIONS, INTERNATIONAL TREATIES

Article 23. International Relations of Public Associations

Public associations may, in accordance with the legislation of the Republic of Uzbekistan and their statutes, join international public (non-governmental) associations, establish direct international relations, and conclude relevant agreements.

Article 24. International Public Associations

If the activity of a public association established in the Republic of Uzbekistan, in accordance with its statute, is carried out both in the territory of the Republic of Uzbekistan and in the territory of one or more foreign states, it shall be recognized as an international public association.

If a public association of the Republic becomes a collective member of an international public association established abroad, the statute of the republican public association must also be registered in accordance with this Law.

A public association that also carries out its activity in the territory of a foreign state shall submit its statute, with the necessary amendments and additions, for re-registration to the Ministry of Justice of the Republic of Uzbekistan.

Public associations whose objectives include the strengthening of peace, the development of international cooperation, or other forms of humanitarian activity may enjoy privileges established by law.

The provisions of this Law shall also apply to the activities of branches, representative offices, and other structural subdivisions of public associations of foreign states established in the territory of the Republic of Uzbekistan.

Article 25. International Treaties

If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for in this Law, the rules of the international treaty shall apply.

President of the Republic of Uzbekistan I. KARIMOV

Tashkent,

February 15, 1991,

No. 223-XII