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Types of non-profit organizations in the Republic of Belarus Civil Code is the main civil legislation tool that sets forth general legal guidance on creation and activities of non-profit organizations (put into operation on July 1, 1999; chapter "Legal entities" put into operation on March 1, 1999). The present Code contains a category "Non-profit organizations" (Civil Code that was in effect previously had no such regulation).
Civil Code of the Republic of Belarus defines general approaches towards creation and activities of business and non-profit legal entities. According to the provisions of the Civil Code, the following types of organizational and legal forms of non-profit organizations can be defined, and conditionally divided into two basic types upon the criteria of "association on the basis of membership" and "on the basis of consolidation of belongings":
public and religious organizations (associations) – voluntary associations of citizens who have consolidated in accordance with legislative procedures and on the basis of unity of their interests for satisfaction of their moral or other non-material needs;
republican semi-state public associations – membership-based non-profit organizations whose activities aim at implementing tasks of national importance organizations have been entrusted with;
associations of legal entities and (or) private entrepreneurs (associations and unions) – non-profit organizations created upon a contract between commercial organizations for coordination of their business activity and for representation and protection of common property interests, or associations of non-profit organizations;
foundations - non-membership non-profit organizations established by citizens (citizen) and (or) legal entities (legal entity) on the basis of voluntary property contributions for social, charitable, cultural, educational, sports, scientific and other socially useful purposes as put by the statutes of the foundation;
institutions - organizations created by the proprietor for implementation of administrative, social, cultural or other non-commercial functions and completely or partially funded by the proprietor;
consumer cooperative - voluntary membership-based consolidation of citizens or citizens and legal entities created for satisfaction of material (property) or other needs of members, which is done by integrating members' property shares.
List of types (organizational and legal forms) of non-profit organizations that is contained within the Civil Code is not exhausive. The Code itself indicates that questions on creation and activity of certain types of public associations shall be regulated by special legislation.
Depending on the aims of associations, legislation of the Republic of Belarus presupposes creation of the following types of membership-based non-profit legal entities: public association, religious organization, political party, trade union.
Public association Law "On Public Associations" defines public association as a voluntary association of citizens who have consolidated in accordance with legislative procedures and on the basis of unity of their interests for satisfaction of their moral or other non-material needs.
The Law subdivides public associations into international, republican and local, basing on the "territorial" principle of their creation. The Law also distinguidhes children and youth public associations, taking into consideration age criteria of persons united.
Creation and activity of public associations that aim at violent change of a constitutional system or promote war, social, national, religious or racial hostility are debarred. The Law prohibits activity of unregistered public associations.
Religious organizaiton Law "On Freedom of Conscience and Religious Organizations" defines that religious organizations in the Republic of Belarus are voluntary associaltions of citizens of the Republic of Belarus (religious communities) or associations of religious communities (religious associations) that have united on the basis of common interests and for satisfaction of religious needs, as well as cloisters and claustral communities, religious brotherhoods and sisterhoods, religious missions, clerical educational institutions. Only a citizen of the Republic of Belarus can be head of a religious organization.
Religious community is an association of citizens of the Republic of Belarus within the territorial limits of one or several settlements, the citizens shall be of the same communion and consolidate for joint excercizing of worship and satisfaction of other religious needs. Religious communities are formed upon the initiative of at least 20 citizens of the Republic of Belarus, 18 years of age and older, constantly residing in one or several settlements with adjacent territorial borders, and act exclusively within this territory. Communities act voluntarily in compliance with their statutes and are subject to state registration in accordance with the procedure established by law.
Religious association is an association of religious communities of the same communion that is formed for joint satisfaction of religious needs of their participants (members). Religious assiciations are formed by no less than 10 religious communities of the same communion, and at least one of which has been conducting its activities on the territory of the Republic of Belarus for at least 20 years. Religious associations are entitled to establishing cloisters and claustral communities, brotherhoods and sisterhoods, religious missions, clerical educational institutions, which act on the basis of their statutes and are subject to state registration in accordance with the procedure established by law.
Activity of religious organizations, of their bodies and representatives that aims against the sovereignty of the Republic of Belarus, its constitutional system and public consent, or is conjugated with violations of rights and freedoms of citizens of the Republic of Belarus and impedes citizens with exercising their state, public, family duties or causes damage to their health and morals, is prohibited.
Besides, the Law sets forth additional limitations on creation and activities of religious organizations:
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religious organizations are banned from participation in activity of political parties and other public associations pursuing political purposes, and from providing financial and other support to these organizations (Art.8 para.4);
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usage of State symbols in the places of public worship, conduction of meetings, rallies, pre-elections agitation and other political events, as well as performances, speeches and addresses that may insult representatives of state authority, officials and individuals are prohibited (Art.8 para.5);
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ban for creation of religious organizaitons and anonymous or other illegal activity of religious organizations within educational institutions (Art.9 para.3).
The Law "On Freedom of Conscience and Religious Associations" also presupposes a possibility of suspending activities of a religious organization. In accordance with Art.37 para.2 of the Law, the registering body is entitled to file a court suit on liquidation of the religious organization if, having received a written warning for violations, it did not eliminate these violations within 6 months after the warning or committed violations repeatedly within a year. Besides, registration body is entitled to decide on suspending activities of a religious organization untill the decision is issued by the court.
Political party The Law "On Political Parties" defines a political party as a voluntary association of citizens that follows political aims, facilitates revelation and expression of political will of the citizens and that participates in elections. At least 1000 founders (members) from the majority of oblasts of the Republic of Belarus and from Minsk are needed for establishment and activity of a political party. A political party is build specifically upon the territorial criteria and needs to have Minsk city and oblast organization structures in most of the oblasts of the Republic of Belarus. The founders of a political party can be citizens of the Republic of Belarus 18 years of age and older, and obtaining the right of suffrage.
Establishment and activity of political parties that aim at violent change of a political system or promote war, social, national, religious and racial hostility is debanned. Political parties of other states and separated subdivisions of such parties can not be created or act on the territory of the Republic of Belarus.
Activity of unregistered political parties and unions on the territory of the Republic of Belarus is prohibited. Ideology of political parties cannot be maintained as compulsory for citizens.
Trade union The Law "On Trade Unions" sets forth that trade union is a voluntary public organization that unites citizens (including those studying in higher, secondary special and technical educational institutions) with common professional interests in industrial and non-industrial fields for the purpose of protection of labor, social and economic rights and interests deriving from the generally recognized principles of international law and principles established by the Universal Declaration of Human Rights, the International Covenant of Economic, Social and Cultural Rights, conventions of the International Labor Organization and other international agreements ratified by the Republic of Belarus.
Decree No.2 of the President of the Republic of Belarus from January, 26 1999 "On Certain Measures of Regulation of Activity of Political Parties, Public Associations and Trade Unions" stipulates that at least 500 founders from the majority of oblasts of the Republic of Belarus and the city of Minsk are required for creation and activity of the republican trade union. For creation and activity of a territorial trade union – at least 500 founders from the majority of administrative and territorial units of the relevant area. For creation and activity of a trade union at an enterprise, institution or organization, there shall be no less than 10 per cent of all people who work (study) at an enterprise, institution or organization, but at least 10 persons. Activity of trade unions can be restricted in cases presupposed by law of the Republic of Belarus in the interests of national security, public order or for securing rights and freedoms of the others.
In cases when activity of trade unions (associations of trade unions) contradicts with the Constitution and other legislation of the Republic of Belarus, such activity can be suspended for up to 6 months or terminated (for republican trade unions and their associations - following the decision of the Supreme Court of the Republic of Belarus upon the recommendation of the General Public Prosecutor of the Republic of Belarus; for territorial trade unions – following the decision of court upon recommendation of public prosecutor of given administrative and territorial unit).
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