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LEGAL STATUS OF NON-GOVERNMENTAL NON-PROFIT ORGANIZATIONS
Ahrorqulov A.A.
Ahrorqulov Anvar Anvarovich, independent applicant, Tashkent State Law University,
Tashkent, Uzbekistan
The article researches into the legal status of non-governmental non-profit
organizations, history of development of legal regulation of these sphere in our country
and reveals main direction of cooperation between the state and NGOs in formation of
civil society and democratic state.
Keywords: non-governmental organizations, legal status, civil society, legal basis, public
associations.
Nowadays, wide range of opportunities are created for non-governmental non-
profit organizations along with government agencies in our country. Strengthening of
legal status of non-profit organizations foster their further development and widening
the scale of activity.
Non-governmental non-profit organizations (NGOs) may carry out relevant
activities provided in their charter documents as well as any activity not prohibited by
law. At the same time, branches and representatives of international and foreign NGOs
and their employees shall not have the right to participate either in activities of any
political party in the territory of the Republic of Uzbekistan or in activities that do not
meet charter objectives of the branch or representative office.
NGOs are independent of the government and public authorities in their activities,
neither under their control nor accountable to them, except as provided by law.
Legal regulation of NGO activities in the Republic of Uzbekistan dates back to the
90s of the last century. Some regulations governing culture, science, education, health
and social protection as well as their tax and other benefits reflect a special status of
public and private organizations. A main legal analogue of international concept of
“non
-
governmental non-profit
organizations”
in the Republic of Uzbekistan is so-called
"public organization" - a voluntary self-governing association of citizens formed to
pursue their personal non-property non-profit interests
It should be noted that adoption of NGO legal basis introduced many legal changes
in the regulation of non-profit sector, legal status of which would remain
unsystematically dispersed in regulations of various legal forces and by-laws
Adoption and implementation of the Civil Code of the Republic of Uzbekistan in
1995-1996 embodied most important norms on non-profit organizations and
addressed issues of legal support for activities and status of non-profit organizations.
In these and subsequent years, the Oliy Majlis of the Republic of Uzbekistan
adopted a number of laws defining legal status of non-profit organizations, including the
Law on Political Parties of December 26, 1996, the Law on Freedom of Conscience in
Religious Organizations (new edition) of May 1, 1998, the Law
“On
self-governing div
of
citizens”
of April 14, 1999, and the Law
“On
non-governmental non-profit
organ
izations”
of the same date.
International Conference
“
Science of the 21st century: society and digitalization
”
Conference Proceedings. Scope Academic House, January 30, 2021, Sheffield, UK.
63
The latter fully approved legal mechanism of non-profit organization regulations
in the Republic of Uzbekistan, as well as identified their main types. In accordance with
Article 10 of this Law, non-governmental non-profit organizations may be established
in the form of public associations, social fund, institutions, as well as in other forms
provided by legislative acts.
In contrast to the Law of the Republic of Uzbekistan "On non-governmental non-
profit organizations", the Civil Code of the Republic of Uzbekistan is the most important
codified document that clearly and broadly defines NGO types.
The Law of the Republic of Uzbekistan "On Guarantees of Activities of Non-
Governmental Organizations" adopted in December 2006, which provides for state
support, protection of legitimate interests and rights of NGOs, was noteworthy on an
international level. This law establishes a new level of guarantees of freedom of NGO
activities, access to information on the activities of officials and government agencies,
NGO’s
right to own property, protection of their rights and interests, protection of
procedural initiatives, protection of intellectual property, guarantees of protection
against illegal decisions of state bodies and officials as well as government support of
NGOs through social orders, grants and state subsidies.
Our country has once again confirmed that adoption of this law is aimed at building
a democratic society and state, NGOs being their main element. NGOs, in their turn, may
assist the government in overcoming social problems by taking an active part in
protection of human rights and implementation of a strong social policy. Meanwhile, it
is also essential for the state to develop projects for further implementation of legal
protection of human rights, formation of legal culture and legal consciousness through
NGOs .
References:
1.
Turebekov T.M. NGOs as subjects of civil law. PhD dissertation: 12.00.03/; TSIL-
T., 2002 - 168 p.
2.
Raxmanov A.R. Formation of civil society in the Republic of Uzbekistan. -
Moscow International Journal of Law. - 2006. -
№1.
-p. 211-221.
3.
Cordier, Bruno de. Can an Arab Uprising Scenario also Happen in Southern
Eurasia? A Cross-cutting Look at Azerbaijan, Uzbekistan, and Tajikistan. Central Asia
Research. / Elliot School of International Affairs. 2012.
http://037eabf.netsolhost.com/wordpress/wp-
content/uploads/2013/10/Research_Paper_2_ October_2012.pdf
