Political parties, trade unions, non–governmental organizations, foundations, unions and other organizational legal forms making the so–called "third sector" in interaction with the state and commercial sectors are a basis of any democratic state. The non–profit organizations play the vital role in a civil society.

     Following the usual international practice, in accordance with the new Civil Code of Belarus, all legal entities, proceeding from the basic goal of activity, were divided into two groups: the commercial and non–profit organizations. All kinds of non–governmental organizations pertain to the second group, distinguished by the pursued goals (political, satisfaction of religious needs, protection of labour and other rights and interests), consumer cooperative societies, foundations, establishments, associations of legal persons.

    The order of their creation, registration and activity is adjusted by the set of normative legal acts. For example, political parties are created and operate according to the Law of Belarus “About Political Parties”, trade unions — according to the Law of Belarus " About trade unions ", NGOs–to the Law of Belarus " About Non–governmental Associations ", the religious organizations — according to the Law of Belarus " About Freedom of Religions and Religious Organizations ", etc.

     The order of registration (the list of submitted documents, terms of their consideration, the order of decision making by recording body etc.) political parties, trade unions, other non–governmental associations is stated in the Rules of registration and consideration of the documents represented for the state registration of political parties, trade unions, other non–governmental associations, and also the state registration of their organizational structures. The order of registration of consumer cooperative societies, establishments, funds is stipulated by Regulations about of the state registration and liquidation (the termination of activity) of commercial organizations, religious organizations — the Law of Belarus "About Freedom of Religions and Religious Organizations ", etc.

      From the above–stated it is obvious, that there is a huge base of the normative legal acts regulating questions of creation, activity and the state registration of non–profit organizations. There is still no uniform normative act, which would settle questions of registration of all non–profit organizations, and, even better, — all legal entities. The legislation is unstable, that is one of the negative factors influencing successful creation, and effective activity of the non–profit organizations. The approved changes in the legislation do not simplify the given process, but complicate it. So, for example, with the approval of the Decree of the President of Belarus of 26.01.1999 # 2 the Republican commission on registration (re–registration) of non–governmental associations is created. It passes a resolution about the possibility of registration (re–registration) of association and directs it to the recording body. With the beginning of its work there started to operate the allowing principle of the registration of NGOs — only under the positive resolution of the Commission. This Commission is not a legal entity, but in practice it actually makes a decision on the registration which is impossible to dispute. Besides, the resolutions of the Commission are frequently not based on the regulations of the current legislation, but proceed from political and other reasons.

      With creation of the Commission the complex two–level scheme (and for the local organizations — actually the three–level scheme) of decision making about NGOs' registration has arisen. The submitted documents of the international and republican organizations pass the two levels — the Ministry of Justice and the Commission, documents of the local organizations pass the three levels — Departments of Justice of Regional Executive Committee or Minsk Executive Committee, the Ministry of Justice and the Commission.

      Speaking about the registration of non–profit organizations it is necessary to note plenty of official institutions (and, accordingly, civil servants) engaged in this question. So, the state registration of political parties, republican trade unions (associations), the international and republican non–governmental associations and the unions of associations, organizational structures (branches, organizations) associations of the foreign states is carried out by the Ministry of Justice of Belarus. The Departments of Justice of Regional Executive Committee and Minsk Executive Committee carry out the registration of territorial trade unions, local NGOs and their unions (associations). Registration of organizational structures of the above mentioned associations depending on their status is carried out by the Department of Justice of the Regional Executive Committee and Minsk Executive Committee and by the executive and administrative bodies at the location of the legal address. The Ministry carries out opening of representation of the foreign non–profit organizations for Foreign Affairs of Belarus. The state registration of religious associations, monasteries and monastic communities of religious brotherhoods and sisterhoods, charitable, religious missions and societies, spiritual educational institutions is carried out by the Committee on Affairs of Religions and Nationalities. The Regional Executive Committee and Minsk Executive Committee carry out the registration of religious communities. The state registration of associations of the non–profit organizations, consumer cooperative societies, establishments, funds is carried out by the Regional Executive Committee and Minsk Executive Committee. For example, Minsk Executive Committee may delegate the powers on reception of documents for data recording of legal entities to administrations of districts of the city of Minsk.

      The employees of the state machinery who are engaged in reception of documents on registration in executive committees frequently do not have necessary juridical education that results in wrong understanding and application of the normative legal acts, unskilled consultation, plurality of approaches in decision of the same questions, poor quality of documents prepared for registration.

      Presence of several recording agencies has caused multitude of registers. So, for example, data on registration of public organizations is reflected in 8 registers, that sometimes results in simultaneous existence of the organizations with similar names which brings to confusion. Such situation may promote development of an unfair competition.

     Development and adoption of the uniform normative act regulating the order of registration of all legal entities would promote realization of a uniform registration policy and also would simplify and speed up the procedure of registration. Creation of the uniform recording agency (for example, Registration Chamber at the Ministry of Justice of Belarus), would allow involving the qualified personnel to unify the legal practice, substantially would reduce administrative personnel, and, hence, would save money resources of taxpayers.

Elena Lipskaya, Natalia Kazhamyaka

Lawyers United Way Belarus Legal Club