白俄罗斯政党登记条例

Regulations on the State Registration (Re-Registration) of Political Parties, Trade-Unions and Other Social Action Organizations and Their 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 their unions (associations) (hereinafter referred to as the 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 symbolism 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 their 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 Association’s 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 symbolism 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 association’s indebtedness (absence of indebtedness) on the payments to the budget with the indication of the tax-payer’s 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. 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 on Social Action Organizations and in items 1 and 2 of Article 11 of the Law of the Republic of Belarus on Political Parties, 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. 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. 12. 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. 13. 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 symbols. 14. The Certificate of Registration (Re-Registration) of the association (its symbolism) and one copy of the Statute shall be issued to the registered association. 15. 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). 16. 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. 17. 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. 18. 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. 19. 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.