The Ministry of Justice of Ukraine (Ukrainian: Міністерство юстиції України, romanized: Ministerstvo yustytsiyi Ukrayiny) is the main body in the system of central government of Ukraine that regulates state legal policy. It is often abbreviated as "Мinjust" [of Ukraine]. It is one of the oldest ministerial offices of the country tracing its history back to the beginning of 20th century.
The ministry consists of the central body of ministry headed by its leadership composed of a minister, his/hers first deputy, and other deputies in assistance to the minister. To the central body of ministry also belongs the government official in affairs of the European Court of Human Rights, who represents Ukraine in the mentioned international institution. The ministry regulates and controls activities of notaries (legal law representatives and executives) in Ukraine.
There are several state departments and agencies that are assigned to the leadership of the ministry, each deputy of which is also assigned a territorial representation of local authorities of justice.
The Ministry of Justice is responsible for the registration of public associations, including branches of international organisations and foreign non-profit NGOs. Territorial authorities accept applications for registration of public associations, change of data, liquidation of associations, etc. The Ministry provides public access to information on civic organisations established and operating in Ukraine through the relevant registers and databases[6].
The Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations" defines a public association as a voluntary association of individuals and/or legal entities of private law for the purpose of exercising and protecting rights and freedoms, satisfying public, in particular economic, social, cultural, environmental and other interests. According to their legal form, public associations are divided into public organisations and public unions. The main difference is that public organisations can be founded by natural persons, while public unions can be founded by legal entities.
Interference by state authorities and officials in the activities of public associations is unacceptable, except in cases provided for by law. The state ensures the observance of the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits and advantages to them. Public associations have the right to form and operate freely, and they may freely cooperate with both Ukrainian and foreign NGOs, institutions, enterprises, etc.
In Ukraine, the establishment and operation of public associations aimed at eliminating Ukraine's independence, changing the constitutional order by force, violating the sovereignty and territorial integrity of the state, or undermining its security is prohibited. The law also prohibits encroachment on human rights and freedoms, public health and violation of equality on any grounds. In addition, the law prohibits the justification or denial of the armed aggression of the Russian Federation against Ukraine, any propaganda of totalitarian regimes and their symbols, including the Russian Nazi totalitarian regime and the symbols of the Russian military invasion.
To establish a public association, at least two persons over the age of 18 are required[7]. The establishment of a public association is carried out at a constituent assembly of its founders and is documented in a protocol. During the constituent assembly, the charter is drawn up, the name of the NGO is chosen, the purpose of the activity is formulated, and the management of the organisation is elected.
NGO must submit an application for registration to the territorial body of the Ministry of Justice of Ukraine within 60 days of the constituent assembly. The application must be accompanied by a package of documents, including the decision of the founders to establish a legal entity, a register of persons who participated in the constituent assembly, the constituent document of the legal entity and information on the governing bodies of the public formation. An applicant may submit an application in person or through a legal representative, by sending documents by mail. State registration usually takes three business days, after which the relevant entry on the establishment of a public association is made in the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Formations[8].
According to the Law of Ukraine "On Public Associations", a public association may carry out activities with or without the status of a legal entity. A public association with the status of a legal entity is a non-entrepreneurial company whose main purpose is not to make a profit[6].
A public association with the status of a legal entity may have separate subdivisions[6]. The decision to establish such a unit is made by the governing body of the association. To register a separate subdivision, the relevant application together with the decision of the authorised governing body of the legal entity is submitted to the territorial body of the Ministry of Justice of Ukraine[8]. A corresponding entry is made in the Unified State Register.
A public association may have all-Ukrainian status if it has separate subdivisions in most administrative-territorial units[7]. In order to obtain the all-Ukrainian status, an application must be submitted to the territorial body of the Ministry of Justice of Ukraine. Both the registration of the all-Ukrainian status and its cancellation are voluntary.
The decision to terminate a public association is made by the assembly and is subject to state registration. For this purpose, the relevant application shall be submitted to a territorial body of the Ministry of Justice of Ukraine. If there are no grounds for refusal, a corresponding entry is made in the Unified State Register.
Foreign non-governmental and charitable organisations may have a separate subdivision in Ukraine. In order to accredit a separate subdivision, an application and a package of documents shall be submitted to the Ministry of Justice of Ukraine[11]. A separate subdivision of a foreign NGO is accredited in Ukraine without being granted the status of a legal entity[7]. If a foreign association intends to terminate the activities of its Ukrainian subsidiary, a corresponding application for liquidation must also be submitted to the Ministry of Justice of Ukraine[12].
There are three state registers in Ukraine that contain information about public associations.
The Unified State Register of Legal Entities, Individuals-Entrepreneurs and Public Formations (USR) is a public register of legal entities in Ukraine that performs the role of state control and protection of the rights of legal entities, public formations and entrepreneurs of Ukraine, as well as protection of the rights of third parties in legal relations with them. The register is managed by the Registration Department of the Ministry of Justice. The USR contains comprehensive information on entities registered in Ukraine, including legal entities, individual entrepreneurs and public associations. The information can be accessed free of charge through the official website of the Ministry of Justice of Ukraine.
The Unified Register of Public Formations and the Register of Public Associations are specialised electronic databases containing information on the registration and legalisation of these types of public formations. The registers are maintained by the Ministry of Justice of Ukraine and access to the information is open to the public.