This Law determines the main principles of charity, secures legal regulation of relationships in society aimed at the development of charity, asserting humanism and benevolence, guaranteeing government support of all persons doing good works, and providing conditions for the adequate operation of charitable institutions1 in accordance with the laws of Ukraine.
Chapter I. General Provisions Article 1.
Terminology The following terms and notions contained in this Law shall be interpreted as stated below:
- charity shall be understood as voluntary selfless donations by natural and legal persons to beneficiaries in the form of financial, institutional, and other assistance; patronage [of literature and arts] and sponsorship shall be regarded as two specific forms of charity;
- charitable activities shall be understood as voluntary disinterested activities on the part of charitable institutions; ( The Paragraph changed and amended according to Law of Ukraine # 3091-III ( 3091-14 ) of March 07, 2002 ) - charitable institution shall be understood as a nongovernment organisation meant basically to conduct charitable activities for the benefit of society and separate categories of individuals as per this Law;
- benefactor shall be understood as a legal or natural person engaged in charitable activities in the interests of the beneficiary;
- beneficiary shall be understood as a natural or legal person in need of and receiving charitable assistance;
- patronage shall be understood as the voluntary and disinterested material, financial, logistical and other support for recipients of the charitable aid by individuals; ( The Paragraph in the wording of Law of Ukraine # 3091-III ( 3091-14 ) of March 07, 2002 ) - sponsorship shall be understood as the voluntary material, financial, logistical and other support for recipients of the charitable aid by individuals and legal entities in provided in order to promote solely own name, trade or service mark. ( The Paragraph in the wording of Law of Ukraine # 3091-III ( 3091-14 ) of March 07, 2002 )
Article 2.
Principles of Charity and Charitable Activities Charity and charitable activities shall be implemented on the principles of legality, humaneness, common interests, equality of all parties, openness, voluntariness, and self-administration.
The efforts of benefactors and charitable institutions shall be public by nature, which does not contradict their co-operation with government authorities, and does not deprive them of government assistance. ( The Paragraph changed and amended according to Law of Ukraine # 3091-III ( 3091-14 ) of March 07, 2002 ) Natural and legal persons make engage in charity on its own or together with relevant charitable institutions registered in keeping with legally set procedures. ( The Paragraph changed and amended according to Law of Ukraine # 3091-III ( 3091-14 ) of March 07, 2002 ) The President of Ukraine, People's Deputies of Ukraine [MPs], officials of government bodies and organs of local self- administration, along with their families, may engage in charity only within the limits of incomes received and duly declared.
Article 3.
Laws on Charity and Charitable Institutions Charity and charitable institutions shall be governed by the Constitution of Ukraine, this Law, and other regulatory acts and elements of law dealing with charity and charitable activities.
If an international treaty to which Ukraine is a party establishes rules other than those set forth in the laws of Ukraine on charity and charitable institutions, the rules of this international treaty shall have precedence, provided these rules were approved by the Supreme Council of Ukraine.
Article 4.
Basic Trends in Charity and Charitable Activities Charity and charitable activities shall be basically directed along these lines:
- assistance in the implementation of national, regional, local, and international programmes aimed at improving the socio-economic situation;
- bettering the beneficiaries' material condition, assisting in the social rehabilitation of the destitute, invalids, other persons in need of help, and aiding people who because of physical or other defects are unable to fully implement their rights and lawful interests;
- aiding victims of calamities, ecological, technological or other disasters, social conflicts, accidents, and purges, as well as refugees;
- assisting in the development of science and education, implementation of research and educational programmes, aiding scientists, teachers, and students;
- assisting the development of culture, including national cultural development programmes, securing access to cultural values and creativity for all strata, especially the needy;
- iding talented youth;
- assisting in the preservation of the cultural heritage, historical and cultural relics, memorial and burial sites;
- assisting in the development of the publishing industry, media, and information infrastructure;
- assisting in the development of nature preserves and ecological programmes;
- assisting in the development of health care, mass physical education, sports, and tourism, propagandising healthy habits, participating in public health protection programmes, social care of the ailing, solitary elders, and other persons who because of their physical, financial or other problems need social assistance and care;
- assisting with the protection of maternity and child-care, aiding large and low-paid families.
Specific charity targets shall be designated by benefactors and laid down in the statutes of benevolent associations.
Chapter II. Organisation and Legal Regulation of Charity and Activities of Charitable Institutions Article 5.
Founders of Charitable Institutions Charitable institutions may be founded by citizens of Ukraine, foreign subjects, and stateless persons on reaching 18 years of age, as well as by legal entities regardless of the form of ownership.
Government authorities, local self-administration, state- and communally-owned enterprises, institutions, and organisations of Ukraine being sustained by the budget shall not be eligible as founders of charitable institutions.
The founder of a charitable organisation shall make a decision to establish the charitable organisation, approve its charter, set up the organisation's management body, hear reports of the supervisory council regarding the control over the utilisation of funds and property of the charitable organisation for designated purposes, solve other issues included into its scope of competence by this law and the charter of the charitable organisation. ( The Paragraph changed and amended according to Law of Ukraine #3091-III ( 3091-14 ) of March 07, 2002 ) If a charitable organisation is founded by two or more entities, the issues listed in part three of this article shall be solved at a general meeting (congress, conference) of founders of the charitable organisation. ( Paragraph 4 added to the Article according to Law of Ukraine #3091-III ( 3091-14 ) of March 07, 2002 )
Article 6.
Organisation and Legal Forms of Charitable Institutions Charitable institutions may be established having the following organisation structures:
- member charitable organisation;
- benevolent foundation;
- charitable institution;
- other charitable organisations (foundations, missions, leagues, etc.).
Specific organisation and legal forms of charitable institutions shall be determined by their founders.
Article 7.
Status of Charitable Institutions Charitable institutions shall be created and shall operate on the territorial principle, grouped, in terms of official status, as all- Ukrainian, local, and international organisations.
The all-Ukrainian status shall be due such charitable institutions whose activities spread over the entire territory of Ukraine, with branches (offices, representations) in most [administrative] regions.
The local status shall be due charitable institutions operating in separate regions or other administrative-territorial units.
The international status shall be due charitable institutions operating in Ukraine and at least one other country.
Registered all-Ukrainian and international charitable institutions shall have the right to set up offices, branches, and representations in keeping with procedures established by the Cabinet of Ministers of Ukraine.
The territory in which a charitable institution will operate shall be determined in accordance with its statute (articles).
Article 8.
Official Registration of a Charitable Institution A charitable institution shall acquire the legal entity status once its has been officially registered.
Official registration of all-Ukrainian and international charitable institutions shall be carried out by the Ministry of Justice of Ukraine, and of local charitable institutions, as well as offices (branches, representations) of all-Ukrainian and international charitable institutions, by the relevant local executive authorities.
Official registration shall be performed in return for a fee, the amount of which shall be adopted by the Cabinet of Ministers of Ukraine, provided it does not exceed 3 untaxed minimum citizen's incomes. ( The Paragraph changed and amended according to Law of Ukraine #3091-III ( 3091-14 ) of March 07, 2002 ) The following documents shall be submitted for official registration:
- application signed by the founder(s) or authorised persons thereof;
- the statute (articles);
- protocol of the constituent meeting (convention, conference);
- information about the founder(s), administrative bodies, offices (branches, representations);
- a document attesting to the payment of the registration fee.
An application for the official registration of a charitable institution shall be processed within two months from the date of presentation of all the required documents. The result of its consideration shall be notified the applicant within 10 days. The registration authority may verify information contained in the documents thus submitted. Depending on the results of consideration of the application, official registration shall be granted or refused.
Following official registration, the founder(s) of the charitable institution shall be issued a registration certificate using the form adopted by the Cabinet of Ministers of Ukraine.
Registered, the charitable institution shall be entered in the register of charitable institution kept by the registration authority and allocated a special number. All such registers shall be kept in accordance with procedures established by the Cabinet of Ministers of Ukraine.
Information about charitable institutions registered with the Ministry of Justice of Ukraine shall be made public knowledge in official publications.
Each charitable institution, after receiving an official registration certificate, shall register with the local tax authority within a month's time.
Each charitable institution shall within 10 days notify the registration authority on all changes in its statutory documents.
A decision on the official registration of a charitable institution may be rescinded in due course of law if the registration authority finds any of the statutory documents to have been falsified.
Several charitable institutions shall not be registered under the same name.
Should several charitable institutions having the same name apply for official registration, the application submitted the earliest shall be considered
Article 9.
Refusal of Official Registration Transgressions of any of the procedures of formation of charitable organisations established by this Law and other regulatory documents and elements of law of Ukraine, or the presence of another charitable institution under the same name shall warrant refusal of official registration.
If a charitable institution is issued a legal address being the same as the address (place of residence) of a natural person, this shall not warrant refusal of official registration.
A decision refusing official registration may be appealed to a court of law in keeping with procedures legally established in Ukraine.
Article 10.
Reorganisation of a Charitable Institution A charitable institution may be reorganised if so resolved by its highest administrative body, in accordance with its statute (articles).
In the event of reorganisation, all rights and responsibilities shall be inherited by the legal successor.
A charitable institution shall not be reorganised as a profit- making legal entity.
Article 11.
Liquidation of a Charitable Institution A charitable institution shall be liquidated in keeping with legally set procedures.
Article 12.
Statute (Article) of a Charitable Institution A charitable institution shall function in accordance with its statute (articles).
Each such statute (articles) shall indicate:
- name, address, status, and organisation and illegal form of the charitable institution;
- objectives, tasks, and basic forms of charitable activities;
- procedures of formation and operation of the administrative bodies;
- sources of finance and procedures of use of property and funds of the charitable institution;
- procedures of reorganisation or liquidation of the charitable institution, and application of its property and funds in the event of termination;
- terms and conditions of membership and withdrawal;
- rights and obligations of members.
The statute (articles) may include other clauses in conjunction with operational specifics.
The statute (articles) shall not contradict the laws of Ukraine.
Article 13.
Rights of Charitable Institutions In order to conduct their activities, charitable institutions shall have the right to:
- independently resolve matters relating to benevolent assistance and beneficiaries, and use donations meant for charity programs in keeping with their designated purpose;
- set up branches, offices and representations in accordance with the laws of Ukraine;
- join benevolent unions, associations, etc., established on a voluntary basis and being instrumental in reaching the statutory goals;
- exchange data and experts with foreign counterparts;
- launch fund-raising campaigns involving natural and legal persons, foreign governments, and international organisations;
- constantly determine forms, objects, subjects, and amounts of charity;
- open bank accounts in the national and foreign currencies;
- set up mass media, enterprises, organisations, and go into publishing;
- become members of other charitable institutions;
- have their own symbols [emblems, logos], subject to official registration in keeping with procedures set forth in the Law of Ukraine On Citizens' Associations, where it stipulates registration of symbols [emblems, logos] of citizens' associations;
- promote their names (symbols, emblems, logos);
- have other rights in accordance with the laws of Ukraine.
Article 14.
Obligations of Charitable Institutions Each charitable institution shall be under the obligation to carry out the tasks laid down in its statute, have free access to its reports on economic and financial performance. The founders and staff members shall have the right to receive material benefits and additional funds on the strength of their ranks/positions in the charitable organisation, except those envisaged by this Law.
Article 15.
Charity Programme Charitable institutions shall adopt charity programmes consisting of measures aimed at solving benevolent tasks in conformity with their statutory goals.
Each such programme shall be financed using all funds received during the fiscal year from enterprises and organisations owned by the charitable institution, barring administrative and general service expenses. Long-term charity programmes shall be carried out within time-limits stipulated therein.
Article 16.
Forms of Charitable Activities Benevolent assistance may be rendered in the form of:
- single financial, material or other aid;
- systematic financial, material or other aid;
- financing target-oriented programmes;
- aid granted under charity agreements (contracts);;
- donation or permission to use property free of charge or on preferential terms;
- permission to use one's name, emblem, logo, etc.;
- assistance with one's own work, services or assignment of one's intellectual property;
- financing free complete or partial use of charity objects;
- other forms of charity not prohibited by the law.
Charity in the form of specific works (services) subject to compulsory certification or licensing shall be allowed after such certification or licensing, in keeping with procedures established by the laws of Ukraine.
Article 17.
Management Bodies of a Charitable Institution The highest management body shall be collective (e.g., general meeting, convention, conference), discharging its authority in accordance with the statute (articles) of this charitable institution.
Its competence shall include approval of the statute (articles), changes therein, election of the executive and supervisory authorities, adoption of charity programs, determination of priorities and guidelines, decisions on reorganisation and liquidation, and other matters envisaged by the statute (articles) of the charitable institution.
The board (committee) shall be the executive body of the charitable institution. Its jurisdiction shall be determined by the statute (articles). Daily management shall be entrusted to an administrative-executive body headed by the president (director/general manager) and its competence shall be determined by the statute (articles).
Regulatory and controlling powers shall be vested in the supervisory council whose membership shall be determined by the founder(s).
Except the president, no member of the executive body shall be paid a salary. Expenses sustained in the line of duty may be reimbursed if so resolved by the board (committee), using the charitable institution's funds.
Workers of the charitable institution's office shall be subject to the laws of Ukraine on labour, social security, and social insurance.
Chapter III. Financial Support of Charity Article 18.
Property of Charitable Institutions Charitable institutions may own movable and immovable property, tangible and intangible assets, funds, and other property acquired on lawful grounds.
Each charitable institution shall have the right to make any contracts with regard to its property and funds, inasmuch as such contracts do not contradict its statutory objectives and laws of Ukraine.
Article 19.
Sources of Property and Funds of Charitable Institutions Property and funds owned by charitable institutions shall be made up of:
- contributions made by the founder(s) and other benefactors;
- target-oriented donations (charity grants) provided by natural and legal persons, pecuniary and in kind;
- proceeds from benevolent fund-raising campaigns, lotteries, and auctions selling property and other donations supplied by benefactors;
- yields from deposits and securities, revenues from enterprises and organisations owned by charitable institutions;
- other sources not prohibited by the laws of Ukraine.
Credits [loans] shall not be used as sources of property or funds of charitable institutions.
Property or funds of charitable institutions shall not pledged/mortgaged.
Article 20.
Business Activity of a Charitable Institution Each charitable institution shall conduct business aimed at reaching its statutory goals and carrying out tasks.
Each charitable institution shall be independent in resolving business matters, determining wages for the office staff, using funds and other tangible assets in accordance with the laws currently in effect.
The amount spent to sustain a charitable institution shall not exceed 20% of its budget in the current year.
Natural and legal persons donating part of their incomes, savings or property to charity projects shall be entitled to tax and other preferential terms in accordance with current legislation.
Charitable institutions sustained only by membership dues and donations shall be exempted from taxation and other payments to the budget and special funds.
Article 21.
Financial Activity of a Charitable Institution Charitable institutions shall keep funds for business and charity projects on separate bank accounts, in terms of both national and foreign currencies.
The National Bank of Ukraine shall adopt the procedures of opening and managing such accounts of charitable institutions.
A charitable institution's financial activities shall be governed by the laws of Ukraine. Such activities aimed at achieving charitable goals shall not be qualified as business or other profit-making endeavours.
Proceeds from the financial activities of a charitable institution shall be channelled exclusively in charity projects and supplying this organisation's needs, in amounts and in keeping with procedures established by this Law.
Article 22.
Control over Charitable Institutions Executive authorities, acting within their respective competence, shall exercise control over charitable institutions, including use of their property and funds for charitable purposes.
Controlling executive bodies, acting within their respective competence, shall have the right to request [and receive] any such documents and explanations from charitable institutions as they may require.
Benefactors assigning their property and other tangible assets to charitable institutions shall at their request receive reports on how this property and assets are being used. If such property and assets are transferred for a designated purpose, the receiving charitable institution shall be under the obligation to keep the benefactor informed on how these donations are being used.
Chapter IV. The State and Charity2 Article 23.
Government Support of Charity The state, as represented by its bodies of authority, shall guarantee and secure protection of the rights and interests of natural and legal persons involved in charity and benevolent projects, as provided by law.
Except in cases stipulated by this Law, bodies of state authority, local self-administration, and officials thereof shall not interfere with charitable institutions, and nor shall charitable institutions interfere with bodies of state authority and local self- administration.
Article 24.
Accounting at Charitable Institutions The amount and forms of statistical accounting at charitable institutions shall be adopted by the Cabinet of Ministers of Ukraine, taking into consideration their specifics.
Forms and procedures of execution of balance reports relating to the funds and property of charitable institutions shall be adopted by the central tax authority, with an allowance for their specifics.
Article 25.
Responsibility for Transgressions of the Laws on Charity and Charitable Institutions Persons guilty of transgressions of [any of] the laws on charity and charitable institutions shall be held responsible under Ukraine's legislation.
Chapter V. International Charity Article 26.
Charitable Activities in the International Arena Persons engaged in charity shall have the right to conduct such activities on an international scope as per this Law, other regulatory documents, elements of law, and international treaties to which Ukraine is a party and which were approved by the Supreme Council of Ukraine.
International charity shall be implemented by participating in international eleemosynary projects and otherwise, inasmuch as this does not contradict the laws of Ukraine and norms and principles of international law.
Co-operation with the Ukrainian Diaspora shall be considered a priority in [Ukraine's] international charity.
Beneficiaries and charitable institutions shall have the right to receive donations from natural and legal persons in different countries.
Article 27.
Charity on the Part of Foreign Subjects, Stateless Persons, Foreign and International Organisations in Ukraine Foreign subjects, stateless persons, foreign and international organisations in Ukraine shall have the right to conduct charitable activities. One form of such charity shall be humanitarian and other material aid, whose procedures shall be determined by the Cabinet of Ministers of Ukraine.
Chapter VI. Closing Provisos 1. This Law shall take effect on the date of publication.
2. Until such time as all the relevant laws have been brought in conformity with the Law of Ukraine On Charity and Charitable Institutions, Ukraine's regulatory documents ad elements of law shall be applied inasmuch as they do not contradict this Law.
3. The Cabinet of Ministers of Ukraine shall within two months:
- submit proposals to the Supreme Council of Ukraine on how best to bring the laws of Ukraine in conformity with the Law of Ukraine On Charity and Charitable Institutions;
- bring the government's decisions in conformity with this Law;
- secure revision and nullification, by executive authorities, of any normative documents running counter to this Law;
- secure the adoption of regulatory documents and elements of law envisaged by this Law and which are within the Cabinet's jurisdiction.
Leonid Kuchma, President of Ukraine City of Kyiv, September 16, 1997 #531/97-VR


