Registration of a public association in Ukraine

1) Public association - a non-profit organization that unites individuals and legal entities to meet social, economic, cultural and other interests.

2) Public associations are divided into two types:

• public organization - the founders are natural persons; participants can only be natural persons;
• public union - founders are legal entities; participants can be legal entities and individuals.

3) Registration of public associations takes place at the Ministry of Justice of Ukraine.

What is a "public association"?

A public association is a voluntary association of individuals and/or legal entities under private law for the realization and protection of rights and freedoms, satisfaction of legitimate social, economic, cultural, environmental, and other interests.

A public association is created:

• as a public organization;
• as a public union.

The public association carries out activities:

• with the status of a legal entity - a non-entrepreneurial company, the main purpose of which is NOT to make a profit;
• without the status of a legal entity. The number of founders of a public association cannot be less than two persons.

What is a "public union"?

A public union is a public association, the founders of which are legal entities under private law, and members (participants) can be legal entities under private law and natural persons.

The founders of a public union can be legal entities under private law, including public associations with the status of a legal entity.

Founders of a public union cannot be:

• political parties;
• legal entities in respect of which a decision has been made to terminate them or which are in the process of termination;
• legal entities under private law, the sole founder of which is one and the same person;
• a legal entity of private law, if the founder (owner of a significant share) of this legal entity is included in the list of persons connected with the implementation of terrorist activities, or in respect of whom international sanctions have been applied.

Members (participants) of the public union can be:

• legal entities under private law;
• public associations with the status of a legal entity;
• natural persons who have reached the age of 18 and have not been recognized by the court as incompetent.

What is a "public organization"?

A public organization is a public association whose founders and members (participants) are exclusively natural persons.

Founders of a public organization can be:

• citizen of Ukraine;
• foreigners and stateless persons who are in Ukraine legally;
• persons who have reached the age of 18, and youth and children's public organizations - 14 years.

What are the features of a public association with the status of a legal entity?

A public association with the status of a legal entity has the right to:

1) be a participant in civil legal relations, acquire property and non-property rights in accordance with legislation;

2) in accordance with the law, carry out entrepreneurial activity directly, if this is provided for by the charter of the public association, or through legal entities (companies, enterprises) created in accordance with the procedure provided for by law, if such activity corresponds to the goals of the public association and contributes to its achievement;

3) establish mass media in order to achieve its statutory purpose;

4) participate in the implementation of state regulatory policy;

5) participate in the work of consultative, advisory and other auxiliary bodies formed by state authorities to conduct consultations with public associations and prepare recommendations on issues related to their sphere of activity;

6) independently or through a legal entity created by him (association, enterprise) to be an executor of a state order.

What is the status of the members of the public association?

Members (participants) of a public association do not have the right to a share of the property of the public association and are not responsible for its obligations. Income or property (assets) of a public association cannot be distributed among its members and cannot be used for the benefit of any individual member of the public association, its officials (except for their wages and deductions for social events).

According to what principle is the name of a civil association formed?

The name of the public association consists of two parts:

• general - organizational and legal form of public association"public organization" or "public union";
• own - the name of the association chosen by the founders.

The proper name of a public association cannot contain the words "state", "communal" and their derivatives.

The use of historical state names, the list of which is established by the Cabinet of Ministers of Ukraine, in the name of a public association is prohibited.

How to acquire all-Ukrainian status?

A public association can have all-Ukrainian status if it has separate units in most regions of Ukraine. This status must be confirmed by the Ministry of Justice of Ukraine. Associations are checked every year for compliance with the requirements of all-Ukrainian status and may be deprived of it. All-Ukrainian status is reflected in the name of the association.