Last update : 01.12.2022

Refusal to register NGO: causes and the consequences


Refusal to register NGO: causes and the consequences

In the article author sets out dissatisfaction regarding the alleged difficulty in registering a number of NGOs and the repeated denial of registration by the justice authorities.

In the article author sets out dissatisfaction regarding the alleged difficulty in registering a number of NGOs and the repeated denial of registration by the justice authorities.

In this regard, the Ministry of Justice is ready to provide detailed information about the reasons for the denial of state registration of any NGO, by specifying the name of the NGO and the date of filing an application for its registration.

The Ministry of Justice is the regulator of the field of activity of NGOs and ensures the observance of the rights and legal interests of NGOs.

As a result of legislative measures, NGOs are figure strongly in the sector of public construction, becoming a full partner of the state, and their number is increasing at a steady pace. Today, the total number of NGOs exceeds 10 thousand.

A characteristic feature of the development of NGOs was their penetration into all spheres of society. It is traditional that these organizations participate in the development and implementation of government programs.

Over the past few years, work has been carried out to radically improve, develop and simplify the activities of NGOs:

- rates of state duty for state registration of NGOs and symbols were reduced;

- state duty rates for state registration of republican, interregional NGOs were also reduced;

- state duty is not charged for state registration and registration of divisions of NGOs (representative offices and branches), including those vested with the rights of a legal entity);

- the term for consideration of an application for state registration of NGOs has been reduced from two to one month;

- NGOs were exempted from paying more than 10 types of taxes and other obligatory payments (income taxes, property taxes, VAT);

- the dissolution, prohibition or restriction of the activity of NGOs may take place only on the basis of a court decision, and the liquidation of NGOs is carried out only by decision of its supreme body or on the basis of a court decision.

Moreover, according to the Decree of the President of the Republic of Uzbekistan the requirements and procedures for NGO activities have been greatly simplified:

- the procedure for coordination of NGOs with the registration authority of NGOs by introducing a notification procedure has been canceled;

- the utilizing of NGOs of funds and property received from foreign states, international and foreign organizations, is carried out without any obstacles after agreeing on their receipt with the registration authority;

- grant funds directed straight to specially open accounts of NGOs in any banking institutions.

-the order of inspections and monitoring of the activities of NGOs has been streamlined, with the establishment of specific deadlines and frequency;

-reduced types of reporting and simplified the form of reports of NGOs provided to the registration, tax, statistical authorities.

In order to simplify the registration procedure, currently NGOs can be registered via the web portal, which is launched by the Ministry of Justice. This web resource allows NGOs to receive a number of services in electronic form:

- state registration, re-registration of NGOs and their symbols;

- notification of the organization of planned activities by NGOs;

-Providing NGOs with annual activity reports;

- coordination of NGOs receiving cash and property from foreign sources;

- accreditation of NGO employees who are foreign nationals, as well as members of their families who are dependent on them.

Logging into the system is carried out via the Unified Identification System "OneID" or an electronic digital signature.

Additionally, the grounds for refusing to register NGO status are spelled out in the Law on Non-State Non-Profit Organizations.

This is a clear list, and the justice department cannot violate it.

The list of documents required for state registration of NGOs and submitted to the registration authority is established by article 22 of the Law.

The requirement of the legislation of the Republic of Uzbekistan complies with international standards. In particular, article 22 of the International Covenant on Civil and Political Rights, according to which the exercise of this right is not subject to any restrictions other than those prescribed by law and which are necessary in a democratic society in the interests of state or public security, public order, public health and morality or protecting the rights and freedoms of others.

During the preparation of documents, the Ministry of Justice recommends that you familiarize yourself with the requirements of the legislation in the field of activities of non-governmental non-profit organizations and carefully check all the data.

Attention is drawn to the fact that the justice authorities are not entitled to provide legal support in the preparation of constituent documents on state registration of NGOs, to verify the completeness of documents upon receipt.

Since, firstly, as a body that carries out state registration of NGOs, it conducts an examination and checks the authenticity of documents for their compliance with the law.

Secondly, during state registration, it exercises the compliance control of its activities with the statutory goals and legislation of the Republic of Uzbekistan.

The abovementioned circumstances are a counteraction to the occurrence of a conflict of interest and corruption risks in the judicial authorities.

Further, according to Article 23 of the Law, after the collection and submission of documents, the justice authority considers them within a month and makes a decision on registration or denial of state registration of NGOs.

Consideration of documents by the registering body is carried out in accordance with the requirements of the Regulation on the procedure for state registration of non-governmental non-profit organizations, approved by the Cabinet of Ministers. 

Thus, the aforesaid Regulation formed an open and transparent mechanism for the consideration of constituent documents by the justice authorities.

An official letter is sent within three working days to the address indicated in the application. It indicates the reason for the refusal, and specific provisions of the law, and the violation of which led to the refusal of state registration. At the same time, the right to sue and challenge the decision, or to eliminate the errors that were indicated, is explained.

Whereas in the process of formation and registering NGOs, a lot of questions arise about what can serve as reasons for the refusal, the following is noted.

The analysis showed that inaccurate information and incorrectly executed documents submitted by the founders, in many cases are the reasons for the refusal of registration.

According to Art. 10 of the Law “On Non-Governmental Non-Profit Organizations” NGOs can be created in the form of a public association, public foundation, institution, as well as in another form provided in Regulation.

NGOs in order to coordinate their activities, as well as represent and protect common interests, can create associations in the form of associations (unions).

According to the Civil Code (Articles 73 - 78) non-profit organizations can be of the following types: consumer cooperative, public association, public fund, institution, associations of legal entities, self-government bodies of citizens.

Also according to Art. 56 of the Constitution of the Republic of Uzbekistan, public associations recognize trade unions, political parties, societies of scientists, women's organizations, organizations of veterans and youth, creative unions, mass movements and other associations of citizens registered in the manner prescribed by law.

Before choosing the legal form for NGOs, it is very important to understand for what specific purposes this NGO is created.

The list of necessary documents for registration of NGOs depends on the form in which the applicant plans to register it.

For example, the applicant, wishing to establish a Public Fund, did not provide full information on the legal form of NGOs, information about the founders, did not indicate its legal form. In this case, the registering authority in the response letter, not having all the exact information on the legal form, is not able to immediately indicate all the shortcomings on the submitted documents.

Also, in many cases, when submitting documents, the applicants do not take into account that, in accordance with the law, different requirements are established for the constituent documents of the Public Fund, Associations, Public Associations, and institutions.

Due to the fact that the applicants do not submit to the registering authority a complete list of documents and information on the organizational and legal form of NGOs, the registering authority is not always given the opportunity to indicate a complete list of deficiencies in the documents.

In order to avoid this option of refusal, it is necessary to observe the exact list of required documents and provide a package of documents in full accordance with it.

They may refuse due to factual errors, for example, inconsistency of the data presented in the constituent documents with those indicated in the application.

In this case, if the wording “providing incorrect data” is indicated, it is necessary to pay attention to:

correspondence of information in constituent documents and application (upon re-registration of NGOs and various changes);

compliance of constituent documents with the requirements of the law;

match addresses;

signatures (it is important that they are left by an authorized person);

the presence of all additional documents (for example, decisions on the creation of NGOs or making changes, etc.).

Since the employees of the justice authorities are open and accessible in their activities, they are always ready to engage in dialogue with civil society, if there are any questions in case of refusal to register NGOs, the applicant has the right to contact the justice authorities to provide more detailed information on the refusal, the applicant also has the right to make an appointment with a manager.

Currently, in order to increase the role of non-governmental non-profit organizations and other civil society institutions in managing the affairs of society and the state, to create additional conditions for their active work in this direction, taking into account generally recognized principles and norms of international law, a draft NGO Code has been prepared, providing for , codification and systematization of legislation on non-governmental non-profit organizations based on the study of foreign best practices and forms existing national law enforcement practice.