LawtrendMonitor #2
Dear Readers,
This issue of LawtrendMonitor presents reviews of the situation with freedom of association and the situation of civil society organizations for 2023 and for February 2024.
The newsletter traditionally contains information about new normative legal acts adopted in the Republic of Belarus and related to civil society organizations, as well as legislative activities in this area. You can get acquainted with the comparison study of the current and amended edition of the principal provisions of the law on freedom of conscience and religious organizations, as well as with the analysis results of non-profit organizations registered in Belarus. We would like to remind our readers — representatives of public associations and foundations – about the mandatory March reporting to the registration body.
Situation of civil society organizations
1. Lawtrend experts have prepared an overview of the situation with freedom of association and legal environment for civil society organizations in Belarus in February 2024. It is available on the Lawtrend website.
Legislative News[1]
2. The Resolution of the Council of Ministers No. 105 of 15 February 2024 adjusted the Program of the Government’s Activity until 2025 approved by the Resolution of the Council of Ministers No. 758 of 24 December 2020. It reflects the principal directions of the Government’s activity to achieve the goals, to solve the tasks and to implement the provisions of the Program of Social and Economic Development of Belarus for 2021-2025.
The resolution took effect on 21 February 2024.
3. The Resolution of the Ministry of Health No. 27 of 2 February 2024 defines limit expenses per individual in a month in providing and participating in the provision of medical care by type and condition in 2024.
The Resolution was adopted in accordance with the Regulation on the conditions and procedure for implementing the state social order.
4. The Resolution of the Ministry of Justice No. 2 of 10 January 2024 sets out an amended version of the Instruction on paperwork management in state bodies, other organizations. The amended Instruction provides for a number of changes in the procedure for record keeping.
5. The Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus No. 33 of 27 December 2023 approved:
Regulations on the procedure for the inventory of pollutant emissions into the atmospheric air;
Regulations on the procedure for establishing guidelines on permissible emissions into the atmospheric air.
6. The Resolution of the Ministry of Internal Affairs of the Republic of Belarus No. 4 of 5 January 2024 approved the Instruction on the Procedure for Fixing, Transferring and Recording of Data in the Information System of Wanted Persons Lists.
Amendments were made to the forms of certain tax declarations, including VAT.
Legal Drafting News
7. The draft law «On amending laws on the government family allowances» is being prepared for second reading in the House of Representatives.
8. The draft law «On Responsible Treatment of Animals» was adopted in the second reading.
In addition to the issues directly regulating the treatment of animals, the draft law defines such concepts as «volunteer», «volunteer activity», and «animal protection organization».
Law on Freedom of Conscience and Religious Organizations: Comparison Study of the Current and Amended Versions
9. The Law of the Republic of Belarus No. 334-3 of 30 December 2023 amended the laws on operating religious organizations. In particular, the Law of the Republic of Belarus of 17 December 1992, No. 2054-XII «On Freedom of Conscience and Religious Organizations» is set out in a new wording.
Lawtrend experts prepared a comparison study of the principal provisions of this law’s current version and of the amended one.
Abolished prohibition to appear in person for approving the name of an NPO to be established.
10. Since 28 December 2023, in accordance with the Resolution of the Council of Ministers of the Republic of Belarus No. 933 of 22 December 2023, it is allowed to approve the name of an establishment or an association to be established in Belarus by appearing in person.
Reporting of public associations and foundations.
We would like to remind you that March is coming — the month in which public associations (by 31 March) and foundations (by 1 March) must publish reports on their activities, as well as provide the information required by law to registration bodies.
We draw the attention of public associations that the documentation to be submitted to the registering body has been supplemented with a paper confirming the existence of a legal address.
Detailed information on the reporting of public associations and foundations is available here.
Analysis of NPOs registered in Belarus.
12. Based on the official public data, Lawtrend experts analyzed non-profit organizations in the shape of a public association, a foundation, and a non-governmental establishment, excluding ones being in the process of liquidation, and prepared the data on the number of registered NPOs in Belarus by the end of 2023, their areas of activity, geographic distribution, as well as on the number of NPOs registered in the period 2021-2023.
[1] More briefly than in the Russian version.