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Akhrorqulov Anvar, Independent researcher at Tashkent State University
of Law, Republic of Uzbekistan
ISSUES OF FORMATION AND REGISTRATION OF NON-PROFIT
ORGANIZATIONS
A. Akhrorqulov
Abstract: The article analyzes the methods and bases of formation of
non-profit organizations, types, procedure and conditions of state
registration of non-profit organizations. The article also outlines the
requirements that government agencies must follow when registering a
nonprofit organization.
Keywords: Non-profit organization, legal entity, property, state
registration, methods of formation, application, application, permission.
To begin with, some of particular importance is the establishment of a
legal entity as a subject of civil legal relations. Indeed, legal entities
established in any organizational legal form differ from each other in their
nature, property bases, participation of founders and other aspects.
According to the legal literature, the process of establishing a legal entity
consists of two stages: the preparatory stage (the process before state
registration) and the state registration stage (at this stage, verification of
compliance of documents submitted for registration by the competent state
div). in the case of inclusion of the enterprise in the Unified State Register
of Legal Entities and the issuance of a certificate of registration) [6].
Today, the establishment and operation of non-profit organizations are
regulated by the Civil Code, the Law “On Non-Governmental Non-Profit
Organizations” and the Regulation on the procedure for state registration of
non-governmental non-profit organizations.
According to Article 42 of the Civil Code, legal entities are established by
the owner or a person he represents or on the basis of an order of the
competent authority, as well as in the manner prescribed by law. Owners,
subjects of the right of economic or operational management or persons
represented by them are the founders of legal entities.
The legislature has established for certain organizational and legal
forms of legal entities certain procedures and methods of their organization,
which can be carried out on the basis of orders, permits or appeals of the
founders of the legal entity. In particular, unitary enterprises with the right
of operational management may be established on the basis of the order of
the authorized state bodies. Most businesses are subject to state registration
on a notification basis.
As a general rule, the establishment of legal entities in the order of
permission is distinguished by the fact that the initiative to establish a legal
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entity is not from a state div, but from individuals (citizens, legal entities)
and must first obtain permission (consent) from the state div. The state
div checks the legality and expediency of the establishment of this legal
entity and gives permission accordingly [5].
The current legislation of the Republic of Uzbekistan does not allow
denial of registration of legal entities on the grounds of inexpediency
(second part of Article 44 of the Civil Code), but as an exception, retains the
procedure for issuing permits for certain types of business activities in legal
entities. In particular, the decision of the Cabinet of Ministers of the Republic
of Uzbekistan is required to engage in mining activities, and the license of
the Ministry of Finance of the Republic of Uzbekistan is required to establish
audit firms.
The formation of a legal entity on the basis of an application of the
founders means that it can be freely established by a group of founders
(individuals and legal entities) in the manner prescribed by law, which
means that any legal entity must be recognized by a state div. The consent
or permission of third parties, including government agencies, is not
required for this method of establishing legal entities.
The methods of formation of legal entities have been studied by many
civilizations, including the method of command, the method of application
and the methods of authorization of the formation of legal entities [1]. For
example, by the decree of the President of the Republic of Uzbekistan dated
August 9, 2017, the Public Fund “Ilhom” in support of artists of Uzbekistan
was established.
According to Eliseev, the emergence of legal entities is due to the nature
of the involvement of government agencies in the formation of legal entities,
as well as the traditional methods of such orders, appeals and permits [3].
In the method of formation of legal entities, which is carried out by
order, the public legal entity (assuming the direct participation of the state)
is formed, while many other non-state private legal entities are formed
mainly by means of permits and appeals. Legal entities established on the
basis of the order method are formed on the basis of the decision of the
founder and do not require special state registration. It consists mainly of
government agencies. I.Zokirov points out its different features and states
that the other two methods of formation can be considered the founder or
founder of a legal entity, and the owners or, in cases provided by the law
they represent, other organizations and citizens [4].
According to Eliseev, the establishment of associations (associations,
associations) of commercial legal entities in the Russian Federation requires
the permission of the Federal Antimonopoly Body. In Russia and many
European countries, insurance companies and banks are formed in the form
of permits [3]. E.A. Sukhanov notes that a number of legal entities engaged
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in entrepreneurial activities, except for the law, are formed in this way, with
the permission of the competent authority, including the common interests
of all participants in civil transactions, and in this way commercial banks and
insurance companies are formed [2].
According to J. Yuldashev, in general, the methods of formation of legal
entities are theoretically divided into two: civil law (a method that occurs in
pure civil law relations, which does not require the consent of any higher
div or authority, for example, the method of appeal) and administrative
law (administrative management, the intervention of the competent
authorities of the state, the methods of issuing orders and permits, in which
the expression of their will is observed) is expedient to be divided into
groups [9].
According to T.V. Saifer, the essence of a non-profit legal entity is
determined by determining the reasons for their formation, the focus and
the expected results of activities. The organization of a non-profit legal
entity as a means of satisfying a particular need is necessary to ensure that
there are signs in certain constructions and that these signs do not belong to
the owner of the need, but to meet that need. In this case, one of the
characteristics of a legal entity is generally always of primary importance, it
plays a key role in determining the nature of a non-profit legal entity. Other
common symbols are in addition to the main character and its continuation
[8].
O.A. Ponamareva noted that a non-profit organization can be
established by individuals (fully legal, stateless, by foreign citizens if they
are legally residing) and legal entities, including non-profit organizations.
The number of founders can be determined by special laws [7].
According to Article 15 of the Law of the Republic of Uzbekistan “On
Non-Governmental Non-Profit Organizations” adopted on April 14, 1999, a
non-governmental non-profit organization is formed in accordance with the
legislation on the basis of the decision of its founders (members). It should
be noted that associations (unions) of non-governmental non-profit
organizations may be formed on the initiative of at least two non-
governmental non-profit organizations.
The state registration of a non-profit organization is carried out in two
stages. In the first stage, a decision is made to register the non-profit
organization. In this case, in accordance with Article 23 of the Law “On Non-
Governmental Organizations”, the judicial authority, which received the
documents for state registration of NGOs, considers them within a month
and decides on state registration or refusal of state registration of NGOs. and
within three days from the date of the decision shall issue to the founders a
certificate of state registration or a document clearly stating which
provisions of the legislation led to the denial of state registration. In the
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second stage, state-registered non-governmental non-profit organizations
will be included in a single state register, which is open to all legal entities.
References:
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Абдусаломов М. Тадбиркорлар ҳуқуқ ва манфаатларини ҳимоя
қилишнинг фуқаролик ҳуқуқий усуллари ва муаммолари. Ю.ф.н.
Афтореферат. -Т.: 2003 11-б
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"БЕК». 1998. -197 б.
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Гражданское право Ч-1. -М.: Проспект. Под.ред. С.П.Сергеева.
К.Толстого 1999. -127 б.
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Зокиров И.Б. Ўзбекистон Республикаси Фуқаролик щуқуқи. -Т.:
Адолат 1996 -57 б.
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Муаллифлар жамоаси. Фуқаролик кодексига шарҳлар. Т.1. Т.:
Vector press, 2010. 72-73 б.
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Муаллифлар жамоаси. Фуқаролик ҳуқуқи. Дарслик. 1-қисм. Т.:
ТДЮУ, 2017. 81 б.
7.
Понамарева О.А. Правовое регулирование и порядок создания
некоммерческих организаций. //Вопросы управления. Выпуск №6(37)
декабрь 2015г. -255 с.
8.
Сойфер Т.В. Концепция некоммерческих организаций в
российском гражданском праве. Автореферат диссертации на
соискание ученой степени доктора юридических наук. -М., 2010. -19-20
с. -28-29 с.
9.
Юлдашев Ж. Акциядорлик жамиятлари – фуқаролик ҳуқуқининг
субъекти сифатида. Т.: ТДЮИ, 2004. 128 б.
Ashurova Mukhayyo, Independent researcher at Tashkent State University
of Law, Republic of Uzbekistan
CONDITIONS FOR THE EXERCISE OF PROPERTY RIGHTS IN RESPECT OF
HOUSING
M. Ashurova
Abstract: The article analyzes the conditions and requirements set out
in the civil and housing legislation for the exercise of property rights to
housing. The article also addresses issues related to the exercise of property
rights in relation to housing with limited civil treatment.
Keywords: Housing, property rights, civil rights, mortgages, mortgages,
ownership, possession, use, disposal.
