Regulation of Activities of Political Parties

Decree of the President of the Republic of Belarus

No. 2 of January 26, 1999 [Decree contains all the later amendments and alterations. Last amendments of this Decree: Decree of the President of the Republic of Belarus No. 20 of Septermber 11, 2003]

For the purpose of regulation of activities of political parties, trade unions, other social action organizations, improvement of the control over these activities and in accordance with Part three of Article 101 of the Constitution of the Republic of Belarus I decree to:

  1. Perform the re-registration of political parties, trade unions, other social action organizations (hereinafter referred to as УassociationsФ unless otherwise specified) as well as their symbolism from February 1 till August 1, 1999. The social action organizations, the most members of which are legal entities shall be reregistered by January 1, 2000;
  2. Create the Republican Commission for Registration (Re-registration) of Social Action Organizations, the composition of which is approved by the President of the Republic of Belarus;
  3. Establish that:
    • the registration and re-registration of political parties, republican trade unions, international and republican social action organizations and their unions (associaltion) and local social action organizations and thier unions (associations) shall be performed by the Ministry of Justice while the registration and re-registration of territorial trade-unions, local social action organizations, by departments of justice of executive committees of the oblasts, Minsk City Executive Committee on the basis of the conclusion of the Republican Commission for Registration (Re-Registration) of Social Action Organizations;
    • there shall be at least 1000 founders (members) from the most oblasts of the Republic of Belarus and city of Minsk for creation and activities of a political party, at least 500 founders from the most oblasts of the Republic of Belarus and city of Minsk for creation and activities of a republican trade-union, at least 500 from the most administrative territorial and territorial units of the respective territory for creation and activities of a territorial trade-union, at least 10 per cent of the total number of persons working (studying) at the enterprise, institution, organization (but in any case at least 10 persons) for creation and activities of a trade-union at an enterprise, institution, organization and other place of work (education);
    • legal entities are not allowed to be members of associations;
    • should the legal address (location of body of management) of an association be changed, this association shall present all necessary documents to the registering body within one month for making amendments to its Statute;
    • two and more associations of the same kind may create a union (association) of associations;
    • activities of the associations, which are neither registered nor re-registered on the territory of the Republic of Belarus, are prohibited;
    • the associations, which have not been re-registered and have not presented the documents required for re-registration to the re-registering body in the established order, shall cease their activities from August 1, 1999 unless otherwise provided by the present Decree;
    • the associations, which have not been re-registered, shall be liquidated in the established order.
  4. To approve the enclosed Regulation on the state registration (re-registration) of political parties, trade unions and other social action organizations.
  5. The lists of the associations, which have not been re-registered, shall be published in the УRespublikaФ newspaper by the Ministry of Justice and in the respective local press by the departments of justice of executive committees of oblasts, Minsk City Executive Committee by October 1, 1999.
  6. The Council of Ministers of the Republic of Belarus shall:
    • submit the proposals for establishment of the responsibility for carrying-out activities on behalf of the associations, which are neither registered nor re-registered and for the failure to present the information of change of the legal address (place of location of the body of management) by them to the President of the Republic of Belarus within two months;
    • take actions on bringing the legislative acts into accord with the present Decree.
  7. The present Decree shall come into force from the date of signing thereof. It is temporary and shall be presented to the National Assembly of the Republic of Belarus for consideration in accordance with the third part of Article 101 of the Constitution of the Republic of Belarus.

Approved
by the Decree of the President
the Republic of Belarus No. 2
of January 26, 1999 

Regulations
on the State Registration (Re-Registration) of Political Parties, Trade-Unions and Other Social Action Organizations and Thier Unions (Associations)

  1. These Regulations determine the procedure and conditions of the state registration (re-registration) of political parties, trade unions and other social action organizations as well as thier unions (associations) (hereinafter referred to as Уthe associations, if other is not established by the present Regulations).
  2. Newly created associations and their symbolism are subject to the state registration while the associations and their symbolism registered in the established order are subject to re-registration.
  3. For the state registration of an association the following documents (in addition to those required according to the appropriate legislative acts) shall be presented to the registering body:
    • confirmation of the existence of a legal address of the association (location of the bodies of management);
    • confirmation of the number of the founders of the association (its numerical strength);
    • graphic presentation of the organizational structures of the association with the indication of their location;
    • documents (minutes of meetings, extracts from them, lists of members of the association certified in the established order) of the organizational structures of the association located on the territory of foreign states (for international associations);
    • detailed description of the symbolism of the association with enclosing the conclusion of the Commission on Archives and Records Management at the Council of Ministers for such kinds as hymn, sign, pennant, cravat and of the Heraldic Council at the President of the Republic of Belarus for such kinds as flag, emblem and image of such simbolism in four copies with the dimensions of 10 x 10 cm as well as the respective decisions of the competent bodies on the approval of the symbolism;
    • document confirming the payment for the notification of the state registration of the association;
    • copies of the certificates on registration of associations, extract from the protocols of meeting of thier administrative bodies, at which the decisions on entrance as founders of unions (associations) of the organizations have been taken, and a founding agreement (for unions (associations) of organizations).
  4. For the state re-registration of an association the following documents shall be presented to the re-registering body:
    • application for the re-registration of the association signed by at least three members of its managing body;
    • originals of the Statute and Certificate of Registration of the Association as well as Certificate of Registration of the AssociationТs symbolism (if any exists);
    • Statute of the association (two copies), the provisions of which comply with the requirements of the legislation;
    • programm (for political parties);
    • confirmation of the number of the founders of the association (its numerical strength);
    • graphic presentation of the organizational structures of the association with the indication of their location;
    • confirmation of the existence of the legal address of the association;
    • materials confirming that the association complies with the other requirements of legislative acts (including the information of the members of the elective bodies of the association, such as surname, name, patronymic, year of birth, citizenship, place of work and residence, telephone numbers, position in the elective body);
    • detailed description of the symbolism of the association with enclosing the conclusion of the Commission on Archives and Records Management at the Council of Ministers for such kinds as hymn, sign, pennant, cravat and of the Heraldic Council at the President of the Republic of Belarus for such kinds as flag, emblem and image of such simbolism in four copies with the dimensions of 10 x 10 cm as well as the respective decisions of the competent bodies on the approval of the symbolism;
    • decision of the competent body of the association authorizing at least three members of its managing body to represent the association during its re-registration or in the court;
    • statement of the person or his/her heirs of the consent to use the own name of this person in the name of the association;
    • certificate of the inspection of the Ministry on Taxes and Duties on the associationТs indebtedness (absence of indebtedness) on the payments to the budget with the indication of the tax-payerТs registration number assigned to the association before;
    • document confirming the payment for the notification of the state re-registration of the association;
    • certificate of the return of the seal or stamp by the association by the association (in case of change of the name).
  5. The documents to be presented to the registering body for the state registration (re-registration) shall be drawn up on the paper with the A4 format using typewriting equipment with one-and-half line spacing.
  6. The registering bodies are entitled to check the reliability of the materials presented for the state registration (re-registration).
  7. After examination of the materials presented for the state registration (re-registration) the registering body shall send them to the Republican Commission for Registration (Re-Registration) of Social Action Organizations, which shall make a conclusion about the possibility of the registration (re-registration) of the association and send the same to the registering body within 5 days from the moment of receiving of the materials.
    The registering body on the basis of the conclusion of the Republican Commission shall make the decision on the state registration (re-registration) of the association for Registration (Re-Registration) of Social Action Organizations.
  8. 8. Any amendments and addenda to the Statute of an association shall be made in the established order. In this case for the state registration of the amendments and addenda to the Statute of the association, which are not related to the information specified in items 1 and 2 of the first part of Article 11 of the Law of the Republic of Belarus УOn Social Action OrganizationsФ and in items 1 and 2 of Article 11 of the Law of the Republic of Belarus УOn Political PartiesФ the association shall present the following documents to the registering body:
    • application for the registration signed by at least three members of its managing body;
    • minutes of the meeting of the body authorized to make a decision on making amendments and addenda to the Statute of the association;
    • Statute of the association (two copies) with amendments and addenda (new edition);
    • bank document confirming the payment of the registration fee.
  9. The registering body shall consider the application for the state registration (re-registration) of an association (its symbolism), amendments and addenda to its Statute within one month from its submission.
    According to the results of the consideration the registering body shall make one of the following decisions:
    • on the state registration (re-registration) of the association (its symbolism);
    • on the postponement of the state registration (re-registration) of the association (its symbolism);
    • on the refusal of the state registration (re-registration) to the association (its symbolism).
  10. The decision on the postponement of the state registration (re-registration) of the association (its symbolism) for the term of up to one month may be made in case of violation of the order of creation of the association or making amendments and to its Statute.
    After elimination of the reasons of the postponement of the state registration (re-registration) of the association (its symbolism) the repeated application for the state registration (re-registration) of the association shall be considered in the order established by these Regulations.
  11. The decision on the refusal of the state registration (re-registration) of the association shall be made in case of:
    • violation of the established order of creation of the association;
    • non-compliance of the Statute of the association (objectives, task, methods of work, territory of activities of the association) with the requirements of the legislation;

       

    • failure of the association to present all the documents required for the state registration (re-registration);
    • non-compliance of the name of the association (including that abbreviated), its symbolism and conditions of membership in the association with the requirements of the legislation and its statute;
    • failure to satisfy the requirements specified in the decision on the postponement of the state registration (re-registration) of the association within one month.
  12. The re-registration of the association may be also refused, if within one year preceding the re-registration the association was informed in writing of the violation of its Statute or legislation in force by the registering or other governmental body within the terms of reference of the latter.
    The registration of the amendments and addenda to the Statute of an association may be refused in case of violation of the order of making them, non-compliance of these amendments and addenda with the requirements of the legislation or failure to satisfy the requirements specified in the decision on the postponement of the state registration (re-registration) of the association within one month.
  13. The registering bodies shall inform the body of management of the association in writing of the decision on postponement or refusal of the state registration (re-registration) of the association indicating the reasons of the postponement or refusal of the registration or re-registration within 5 days from the date of making such decisions.
  14. The symbolism of the association is subject to:
    • state registration (re-registration) for such kinds as hymn, badge, pennant and cravat along with the state registration (re-registration) of association and separately in procedure provided for state registration (re-registration) of association;
    • state registration for such kinds as flag and emblem in accordance with legislation on state registration of official heraldic simbols.
  15. The Certificate of Registration (Re-Registration) of the association (its symbolism) and one copy of the Statute shall be issued to the registered association.
  16. Should two or more associations having the same name or symbolism apply for the state registration the preference shall be given to the association, which submitted the application for registration under this name or with this symbolism earlier that other and other associations shall be offered to change their names or symbolism. Should an association refuse to fulfill this offer, the registering body shall make the decision on refusal of the state registration of such association (its symbolism).
  17. Should the state registration (re-registration) of the association (its symbolism), registration of amendments and addenda to its Statute be not performed within the established term or the decision of the refusal of the registration be made for the reasons considered invalid by the founders (bodies of management), the founders shall be entitled to appeal against the decision made in legal form within one month from the date of receiving of this decision.
    The decision of the Ministry of Justice shall be appealed against to the Supreme Court, the decisions of the departments of justice of executive committees of oblasts and Minsk City Executive Committee shall be appealed against to the courts of oblasts and Minsk City Court.
  18. For registration of organizational structures of the association unless creation of them provided by the statute of the association the body of management of the association shall submit the following documents to the respective departments of justice of executive committees of oblasts and Minsk City Executive Committee, district (city) executive and administrative bodies at the place of location of the organizational structure within one month:
    • application for registration of organizational structure;
    • copies of the Statute and Certificate of Registration of the association;
    • lists of members of the elective bodies of the organizational structure with the indication of their positions in this body;
    • confirmation of the existence of the legal address of the organizational structure;
    • confirmation of payment of the registration fee.
    The registration of the organizational structure of the association shall be performed within one month from the date of submission of the respective application by it.
  19. The association passed the procedure of the state registration shall confirm the status of the organizational structures registered previously and present the copies of the constituent documents.
    The registration of the organizational structures of the associations shall be kept by the departments of justice of executive committees of oblasts and Minsk City Executive Committee in the registers, the patterns of which shall be established by the Ministry of Justice.
  20. For state registration of departments and other organizational structures of associations of foreign states the copies of their Statutes and Certificates of Registration as well as other documents being evidence of the formation of the organizational structures of such association on the territory of the Republic of Belarus shall be presented.

This translation is unofficial.

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