Georgia: Law of 1994 on Public Associations (annulled)

Chapter I.General Provisions

Article 1.Concept of a Public Associations

A public association is a voluntary formation of citizens of the Republic of Georgia based on the principles of community of interests, aims and occupation of its members.

Public associations are as follows: trade unions, associations of women, invalids and veterans, young men's and children associations, creative leagues, funds, public movements, unions, scientific and technical, cultural and educational, sport, religious and charitable public associations and other public associations as well.

The present Law does not apply to co-operative and other associations pursuing the commercial objects only as well as to those ones the order of creation and activity of which is determined by the relevant laws of the Republic of Georgia.

Article 2.Bases for Activity of Public Associations

When realizing the objectives stipulated by their Charters the public associations act on the grounds of the Constitution, the present Law and other legislative acts of the Republic of Georgia.

Article 3.Purposes of Creation and Activity of Public Associations

Public associations are created with a view to develop the creative activity of population, extending of their participation in management of public activities and social, economic and cultural rights and liberties as well as charitable activity and international relations, protection of professional interests.

Public associations are entitled to carry out other activity allowed by the legislation currently in force.

Creation and activity of associations aimed at forcible substitution of the constitutional system of the Republic of Georgia, infringement of its territorial integrity, rousing of religious and national discord, propaganda of the war, violence and cruelty and other punishable actions is not allowed.

Article 4.Principles of Creation and Activity of Public Associations

Public associations are created and act on the voluntary basis on principles of equality of rights of its members, self-management, legality and publicity.

Public associations are equal before the law.

Article 5.Public Association and the State

The state secures the protection of rights and legal interests of public associations. The state renders financial aid to the young men's, children's and sport organizations. Public associations act without restriction and on their own on the territory of Republic of Georgia. Interference of government bodies or officials into the activity of public associations is not allowed except cases provided by the law.

Public associations are entitled to hold meetings, demonstrations and processions, to represent and defend the legal rights and interests of their members at state and public bodies in accordance with order established by the law.

Article 6.Kinds of Public Associations

There is allowed creation of public association of international, republic (autonomous republic), regional and local significance on the territory of the Republic of Georgia.

The international public association is an organization the activity of which is expended over the territories of Republic of Georgia and of one or some foreign states, The international association having its head-quarter on the territory of Georgia shall be registered according to the order established by Articles 12 and 13 of the present Law.

The republic (autonomous republic) public association is an organization the activity of which is extended all over the territory of Republic of Georgia (autonomous republic).

The regional public associations are those organizations the activity of which involves on the regional basis one or some regions (cities, towns) of the Republic of Georgia.

The local public associations are those organizations the activity of which involves one region (town) or settlement of the Republic of Georgia.

Article 7.Unions of Public Associations

Public associations are entitled to associate in unions on the principles of equal rights.

The order of creation, activity, re-organization and liquidation of unions of public associations is determined by the present Law.

Article 8.Symbolics of Public Associations

Public associations have the right on their symbolics: banner, emblem, pennant, badge, which shall approved by their managing bodies and registered in accordance with Article 13 of the present Law.

Article 9.Statute of a Legal Person

Public associations or their bodies shall obtain statute of a legal person from the moment of registration of their Charters according to procedure established by the legislation of the Republic of Georgia.

Chapter II.Creation and Termination of a Public Association

Article 10.Creation of a Public Association

Creation of a public association shall require the presence of at least 50 members. A trade union may be created by initiative of at least 100 persons.

A public association (other than a trade union) may be founded by other public associations.

Article 11.Membership in a Public Association

Any citizen of the Republic of Georgia of the full legal age may become, as a rule, a member of public association. The Charter of a public association may stipulate the membership of citizens of foreign countries and stateless persons.

A member of public association has a right not to have any notes concerning the membership in any of public association in official documents. Besides, nobody and nowhere, except the legal and juridical bodies, has a right to require on the presence of such a note in the official document.

The age of joining the young men's organization shall be determined by the Charter of the given organization.

The Charter of public association may stipulate the collective membership of enterprises, institutions, organizations, work collectives and associations of citizens. Any member of the management of public associations shall be covered by the requirements of Labour Code of the Republic of Georgia, the rules of social insurance and social welfare.

Article 12.Charter of Public Association

The initiative group for establishment of public association in order to create the association shall convoke the constituent assembly (congress, conference). The participants of this assembly shall approve the Charter (Statute) of this association and shall elect the management. The Charter (Statute) of public association shall stipulate:

1.         general provisions reflecting the name, location of the public association and territory involved in its activity;

2.         objectives of the association;

3.         its structure (terms of office of managing bodies);

4.         the order of acceptance and leaving, rights and duties of members;

5.         sources of formation of its property and order of use of them;

6.         conditions of making ammendments to the Charter;

7.         basis for termination of its activity.

The Charter may stipulate other items related to the activity of public association and not contradict the legislation currently in force.

Article 13.Order and Terms of Registration of the Charter of Public Association

The public association (international, republic, regional) of citizens of the republic of Georgia shall be registered by the Ministry of Justice of the Republic of Georgia by the established order, the public Association created on the territory of autonomous republic-by the Ministry of Justice of autonomous republic and local public associations-by the local government body.

Application for registration of the Charter of public association signed by the managers of this public association mentioning the place of their permanent residence, addresses, place of work and positions shall be submitted to the registry body within a month following the holding of constituent assembly (congress, conference).

The protocol of constituent assembly meeting (congress, conference) and the Charter shall be enclosed to the application.

Application for registration shall be considered within two months following the moment of its submission.

Registration of amendments and supplements to the Charter shall be made by the same order in same terms that is provided for registration of the Charter.

Following the consideration of application the registry body shall make the decision:

1.         to register;

2.         not to consider;

3.         to refuse of registration.

The rate of registration fee shall be determined by the Cabinet of Ministers of the Republic of Georgia.

Article 14.Registration of the Charter of Public Association

In case of registration of the Charter of public association the registry body shall issue the certificate of registration within 10 days following the payment of fee in amount fixed by the Cabinet of Ministers of the Republic of Georgia. The fee shall be paid simultaneously with submission of the registration documents. In case of refusal of registration the fee shall be returned to the payer in total sum.

Article 15.Leaving the Application for Registration of Public Association without Consideration

The Charter of public association may be left without consideration owing to non-appearance of a representative of managing body elected by the constituent assembly (congress, conference) of public association to the registry body, or in other cases.

Article 16.Refusal of Registration of Public Association and Order of Appeal

The public association may be refused of registration if its Charter contradicts the Constitution and the legislation of the Republic of Georgia currently in force, does not meet the requirements of Articles 3,4 and 10 of the present Law, of if the Charter of any other public organisation with the same name and objective has been registered before.

In case of refusal of registration of the Charter the registry body shall inform the applicants in writing of the substantiated reason of registration within 10 days.

The public association may appeal against the refusal the applicant may submit the documents for registration for the second time not later 1 months following the day of refusal.

Article 17.Termination of Activity of Public Association

The public association may terminate its activity in view of re-organization (merging, joining, dividing) or liquidation.

Re-organization of public association shall be carried out by decision of the general meeting (congress, conference). Registration of a public association created as a result of re-organization shall be executed according to the order established by Article 13 of the present Law.

The public association shall be liquidated in the following cases:

1.         by decision of the general meeting (conference):

2.         in view of violation of the present Law, or the Charter of their own, or in view of activity not allowed by the legislation of the Republic of Georgia currently in force, -by decision of the court made on the grounds of presentation of the prosecutor's office or the registry body.

The property left after liquidation shall be used for implementation of objectives provided by the Charter, or may be passed to the state-owned property by the decision of the court unless the legislation of the Republic of Georgia in force provides otherwise.

Chapter III.Property and Financial Activity of Public Association

Article 18.Productive and Economic Activity of Public Association

A public association may carry out productive and economic activity, create enterprises and self-financed organizations solely for execution of its objectives according to the order established by the legislation.

Profits gained after the productive and economic activity of public association shall be used only for execution of its objectives and shall not be distributed among the members of association. Profit may be used for charity even if the Charter dose not provide so.

Enterprise and productive organizations shall pay tax to the state budget at rate and by order fixed by the law.

Article 19.Property of Public Association

Property of public association may include: buildings and constructions, housing fund, equipment, stock, publishing and printing houses, publication, transport means, enterprises created by means of members of the public association; cultural and educational, charitable and sanitary institutions, funds, securities and other property required for the execution of its objectives.

The funds of public associations shall be formed at the expense of entrance fees and membership dues, voluntary contributions and donations, carrying out of lectures, exhibitions, sport and other arrangements, lotteries, as a result of economic and publishing activity and at the expense of other legal profits.

A public association is entitled to receive funds and other property from abroad for execution of objectives established by its Charter according to the order determined by the legislation of the Republic of Georgia.

A public association shall exercise control over financial and industrial activity, carry out accounts and accounting according to the order established by the law.

The property of public association shall be protected by the legislation of the Republic of Georgia.

Article 20.Income Taxes of Public Association

A public association shall pay, membership dues and donations apart, the taxes according to the order and at rate established by the law.

The order of imposing a tax shall be under the control of finance bodies.

Article 21.Procedure of Consideration of Disputes

Disputes between a public association and other legal persons and individuals shall be considered according to the order determined by the legislation of the Republic of Georgia.

Article 22.Participation of a Public Association in lnternational Unions

A public association may enter the international public (non-governmental) associations, have direct international contacts, sign relevant agreements, take part in implementation of measures not contradict the legislation of Georgia and international obligations of the republic.

Article 23.Activity of Divisions of Public Associations of a Foreign Country Formed on the Territory of Republic of Georgia

The activity of divisions (missions, branches, other structural departments) of public associations of a foreign country formed on the territory of Republic of Georgia shall be regulated by the present Law.

Article 24.International Agreements

If the international agreements where the Republic of Georgia is a state party provides the order contradict to the present Law, the norms of international agreement shall be applied.