(UKRAINE) LAW ON YOUTH AND CHILDREN`S PUBLIC ORGANISATIONS
 
 
(UKRAINE) LAW ON YOUTH AND CHILDREN'S PUBLIC ORGANISATIONS

  #18-rp/2001 of December 13, 2001
 ( Changed and amended according to Law of Ukraine  #271-V of October 19, 2006 )


This Law determines the institutional and legal specifics of the establishment and operation of youth and children's public organisations and state guarantees of their functioning.


Article 1. Ukrainian Laws on Youth and Children's Public organisations
Ukrainian legislation relating to youth and children's public organisations consists of the Constitution of Ukraine, Law of Ukraine "On Citizens' Associations", this Law, and other elements of law and regulatory documents enacted in compliance with the above.


Article 2. Definitions
In the context of this Law the following definitions shall be adopted:
- "Youth public organisations" shall be understood as the organisations of citizens in the age of 14 to 35 years aimed at exercising activities focused on the satisfaction and the protection of their legitimate social, economic, creative, spiritual and other interests;
(  Paragraph 2 of Article 2 changed and amended according  to  Law  of
Ukraine #271-V of October 19, 2006 )
- "Children's public organisations" shall be understood as the associations of citizens aged 6-18, aimed at exercising and securing their rights and freedoms, creative potential, supplying their personal interests inasmuch as they do not contradict the law, and at their maturation as full-fledged members of society;
    (  The Provisions of Paragraph 4 of Article 2 have become null and
void  as  unconstitutional according to Decision of the Constitutional
Court  of  Ukraine  #18-rp/2001 of December 13, 2001 )
- Ukrainian National Committee for Youth Organisations: an association uniting most legalised all-Ukraine youth and children's organisations, oblast associations of youth and children's public organisations, and those in the Autonomous Republic of the Crimea and in the cities of Kyiv and Sevastopol.


Article 3. Principles of Formation and Operation of Youth and Children's Public organisations
Youth and children's public organisations shall be establish and shall operate on the principles of voluntariness, equal membership, self-government, legality, and openness, specifically:
- youth and children's organisations shall be under the obligation to make public all information relating to their activities in forms that do not contradict the law;
- information contained in their statutes/charters, finance and other sources of support, as well as any other data pertaining to their endeavours shall not be considered confidential or otherwise protected by the law.


Article 4. Originators of Youth and Children's Public organisations and their Unions
Citizens of Ukraine, foreigners, and stateless persons staying in Ukraine on legitimate grounds may be originators of youth and children's public organisations after reaching 15 years of age.
Youth and children's public organisations may be originators of unions of youth and children's public organisations.


Article 5. Membership of Youth and Children's Public organisations
The membership of youth and children public organisations may be individual and collective.
( Article 5 has been amended by adding Part 1 according to Law of Ukraine #271-V of October 19, 2006 )
The membership of youth and children public organisations may be recorded and non-recorded.
( Article 5 has been amended by adding Part 1 according to Law of Ukraine #271-V of October 19, 2006 )
Citizens of Ukraine, as well as foreigners and stateless individuals staying in Ukraine on legitimate grounds may be individual members of the youth and children public organisations.
( Part 3 changed and amended according to Law of Ukraine #271-V of October 19, 2006 )
Individuals in the age of 14 to 35 years may be individual members of youth public organisations; individuals in the age of 6 to 18 years may be individual members of children public organisations. Minors in the age under 10 years shall join children public organisations on the written consent of parents, adoptive parents, guardians or trustees. Older people may be members of youth and children public organisations, provided that their number in these organisations does not exceed one third of the total membership; the number of older people may not exceed one third of the membership of elected bodies of the youth and children public organisations.
( Part 4 changed and amended according to Law of Ukraine #271-V of October 19, 2006 )
The restriction of the number of people, whose age exceeds 35 and 18 years respectively, in the elected bodies shall not apply to associations of youth and children public organisations.
( Part 5 changed and amended according to Law of Ukraine #271-V of October 19, 2006 )
Collectives of other youth and children public organisations may be collective members of the youth and children public organisations.
(  Article  5 has been amended by adding Part 6 according  to  Law  of
Ukraine #271-V of October 19, 2006 )
Collective members of youth and public organisations may take part in activities of such organisations in cases covered by their charters.
( Article 5 has been amended by adding Part 7 according to Law of Ukraine #271-V of October 19, 2006 )


Article 6. Status of Youth and Children's Public organisations
The status of youth and children's public organisations, also that of their unions shall be determined in keeping with this Law and the Law of Ukraine "On Citizens' Associations".
( The Provisions of Part 2 of Article 6 have become null and void as unconstitutional according to Decision of the Constitutional Court of Ukraine #18-rp/2001 of December 13, 2001 )
Youth movement in Ukraine shall be co-ordinated by the Ukrainian National Committee for Youth Organisations (UNCYO) as an independent non-governmental organisation having the status of an all-Ukraine association of youth and children's public organisations.
In its activities UNCYO shall abide by the laws of Ukraine and its charter.
UNCYO's accession to international youth organisations (associations, unions, etc.) shall not warrant its registration as an international body.


Article 7. Rights of Youth and Children's Public organisations
Youth and children's public organisations and their unions shall enjoy the rights provided by the Law of Ukraine "On Citizens' Associations", this Law, and other enactments.
Youth and children's public organisations, as well as their unions shall not form or join electoral blocs.
Youth public organisations may join electoral coalitions.
Membership fees and contributions received from juridic or physical persons, intended to facilitate the statutory activities of youth and children's public organisations and their unions shall be tax-exempt.


Article 8. Participation of Youth and Children's Public organisations in Drafting and Making Decisions in the National Policy Relating to Children and Youth
Youth and children's public organisations shall be invited by executive authorities and bodies of local self-government to work out and discuss drafts of decisions in the sphere of national policy, with regard to children and youth.


Article 9. Forms of State Support of Youth and Children's Public organisations
State support of youth and children's public organisations shall be exercised as follows:
- by supplying youth and children's public organisations with information re national children and youth policy;
- by rendering procedural and institutional assistance in matters relating to the social assertion and development of youth and children;
- by assisting in the establishment of enterprises, institutions, and organisations rendering services to youth and children or facilitating youth employment.
Youth and children's public organisations shall be exempted from state registration fees and those for the registration of their logos, letterheads, etc.
State support shall also be rendered in other forms provided they do not run counter to the laws of Ukraine.


Article 10. Financial Support of Youth and Children's Public organisations
The executive agencies and the local self-administration bodies shall provide financial support to activities of youth and children public organisations, and associations thereof within the scope of the powers vested in them by law.
( Part 1 of Article 10 in the wording of Law of Ukraine #271-V of October 19, 2006 )
The executive agencies and the local self-administration bodies shall involve youth and children public organisations into the performance of orders for state and local needs in accordance with the established procedure.
( Part 2 of Article 10 in the wording of Law of Ukraine #271-V of October 19, 2006 )
When approving local budgets, expense items shall be included to finance programmes of youth and children's public organisations.
Executive authorities and bodies of local self-government may delegate powers to youth and children's public organisations in implementing relevant programs (projects, measures), in which case these organisations shall be provided financial and technical support, whereas the relevant authorities shall monitor the execution of such powers, including target usage of such allocations.
Youth and children's public organisations, as well as their unions receiving such financial or other tangible assistance shall be under the obligation to file reports on target usage of such funds.


Article 11. Responsibility of Youth and Children's Public organisations for Breaches of Law
Youth and children's public organisations, as well as their unions shall be held responsible for breaches of the law.
In case of non-presentation of targeted pecuniary aid implementation reports by youth or children's public organisations or their unions, or when found to have used such funds for purposes other than the designated ones, or when receiving such funds contrary to legally established procedures, the guilty party shall assume responsibility as provided by the laws of Ukraine.


Article 12. Closing Provisions
1. This Law shall take effect on the date of publication.
2. Until such time as the [other] laws have been brought in conformity with the Law of Ukraine "On Youth and Children's Public organisations", the elements of law and regulatory documents of Ukraine shall apply inasmuch as they do not contradict this Law.
3. The Cabinet of Ministers of Ukraine shall, within two months:
- submit proposals to the Verkhovna Rada of Ukraine to bring elements of law in conformity with the Law of Ukraine "On Youth and Children's Public organisations";
- bring its own decisions [resolutions] in conformity with this Law;
- see to it that regulatory documents enacted by executive authorities and contradicting this Law are revised and [perforce] repealed;
- secure, acting within its competence, the enactment of regulatory documents envisaged by this Law.
4. Statutory documents of youth and children's public organisations and their unions registered prior to the enactment of this Law shall, within a year from the date of its publication, be brought in conformity with this Law. As submitted by the legalising authority or by public prosecutor, youth and children's public organisations, as well as their unions with statutory documents contradicting this Law may be prohibited in due course of law.


Leonid Kuchma, President of Ukraine

City of Kyiv, December 1,
1998 #281-XIV

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