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LEGAL ASPECT AND GUARANTEES OF PUBLIC ASSOCIATIONS
Hakimov Sunnat
Teacher of the Constitutional Law Department of Tashkent
State Law University
E-mail: sunnat98hakimov@gmail.com
https://doi.org/10.5281/zenodo.13368392
Today, the role of public associations in the life of society is becoming
more and more important. The state of developed countries today is closely
related to the order in which public associations have started their activities and
the guarantees provided to them. Public associations are gaining the power to
directly influence the way of life of the country's population and direct it to a
certain goal. From this point of view, special attention is paid to the activities of
public associations in Uzbekistan. Articles 10, 39, 69, 70, 145, 146 of our General
Code state that public associations do not work on behalf of the people of
Uzbekistan, citizens have the right to join public associations, public associations
are part of civil society institutions, types of public associations and grounds for
their dissolution, it is specified what kind of public associations are forbidden to
form and their operation.
As mentioned above, several articles of our Constitution include norms
based on the importance of the activities of public associations. First of all, let's
define the concept of public associations. In particular, in Article 1 of the Law
"On Public Associations in the Republic of Uzbekistan".
Adopted on February 15, 1991, the rights, freedoms and political,
economic, social development, science, culture, ecology and other aspects of life
It is noted that a public association is a voluntary structure created as a result of
the free expression of the will of united citizens for the joint realization of their
legal interests in their fields. In addition, in Article 11 of the Law "On Non-
Governmental Non-Commercial Organizations" adopted on April 14, 1999, a
public association is a voluntary association of citizens united in accordance
with the procedure established by law based on common interests to satisfy
spiritual or other immaterial needs Also, based on the status of public
associations in accordance with the law, we can note the following special
features:
1. Determination of organizational and legal requirements for establishing
a public association;
2. Organization based on the right of association of citizens;
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3. Specific requirements for membership (foreign citizens and stateless
persons have the right to join public associations other than political parties).
Usually,
public
association
and
non-governmental
non-profit
organizations are equated to each other. However, according to the Law "On
Non-Governmental Non-Profit Organizations", it is noted that a public
association is a form of a non-governmental non-profit organization, like a social
fund, an institution.
There may be a number of reasons for this confusion.
According to Liborakina's research, the concept of non-governmental non-
commercial organizations is not found in the Constitutions of most countries.
However, non-governmental non-profit organizations are found in the
legislation of these countries and affect the assumption that they are a
component of public associations defined in the constitutions. In addition, the
lack of special definitions of non-governmental non-profit organizations affects
its consideration as a synonym of public association.
Or some scientists theoretically compared the definitions given to a non-
governmental non-profit organization and a public association. who expressed
the opinion that it acquires a wider meaning than the concept.
In this situation, it is worth emphasizing that the reason for the diversity
of these concepts is that the concept of public association was reflected in the
legislation earlier than that of non-governmental non-commercial organizations.
In the West, we can see that the concept of public association is also
applied to organizations with symbols such as "non-state, non-commercial,
voluntary".
In scientific literature, there are cases where scientists use the concept of
public association in some cases, and non-profit organizations in other cases as
synonyms.
In order to put an end to such situations in practice, Sh. Nazarov proposes
to adopt the law "On non-governmental non-profit organizations and public
associations" and define a clear difference between the concepts of "Public
association" and "Public organizations" in this law.
In the second part of Article 146 of the Constitution of the Republic of
Uzbekistan, it is noted that "Public organizations and citizens can provide
assistance to law enforcement agencies in protecting legality and legal order,
rights and freedoms of citizens." The concept of "Community organization"
specified in this article does not have its own special definition. Legislation
usually includes non-governmental non-commercial organizations, public
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associations, and religious organizations under "Public organizations". (For
example, the first paragraph of the Regulation attached to the decision of the
Cabinet of Ministers dated January 8, 2018 No. 15).
In this respect, every scientist tried to reveal their difference during their
research. In our opinion, it is appropriate to indicate a public association as one
of the forms of non-governmental non-profit organizations.
The existence of similar aspects of both organizations is emphasized by
scientists. In particular, V. Stix points out that the main goal of both of them is
that profit is not their main goal.
We can agree with this opinion. The reason is that both of them mainly act
to realize certain intangible interests of individuals. In this situation, it is noted
that they have similar aspects. In addition, we can note the state of membership
in them as a similarity. Citizens' membership in these organizations is carried
out based on their wishes. Non-membership does not necessarily require the
use of force like membership or prosecution.
Although Article 39 of the Constitution of the Republic of Uzbekistan does
not directly enumerate the right to join non-governmental non-profit
organizations, this rule can be applied to NGOs by students.
The reason is that the right to association "is important in the realization
of the goals of a person's life activity." Members of NGOs also join its
membership to achieve their legitimate interests.
In order to solve the existing problems in the life of society, it is necessary
for non-governmental non-profit organizations to improve their activities and
perform some tasks in this regard. Scientists S. Joraeva, A. Gonorskaya, Sh.
Nazarov, who studied the tasks of non-governmental non-profit organizations in
society, mainly give general and justified opinions in this regard.
S. Joraeva focuses more on the political and legal aspects of civil society
institutions. In particular, it is noted that "supporting the active participation of
the population in political life, informing the citizens within the sphere of
influence about the decisions made or being prepared by the government, and
explaining the ways to influence the decision-making process."
A. V. Gonorskaya paid attention to more financial tasks of non-
governmental non-profit organizations and said that they should be
"independent of foreign donors", as well as the limits of their activities "in terms
of the tasks of large non-governmental non-profit organizations Sh. Nazarov's
thoughts are also noteworthy. While discussing the aspects that determine the
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role of public organizations in the formation of civil society, he tried to justify
them more from a legal point of view.
In addition, non-governmental non-profit organizations have already
received the status of "third sector" at the international level, separate from
public authorities and profit-seeking organizations. J., Han, V. Milligan and K.
Hulselar conducted research on the structure, purpose and functions of civil
society institutes in their research.
It is worth noting that we touched on such terms as "public association", "public
organizations", "non-governmental non-profit organizations", "third sector". We
tried to reveal the legal nature of these concepts. We analyzed the opinions and
views of research scientists as much as possible through our own point of view
References:
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