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Membership

Examples of Good Practices

  • Law on Civic Associations in Ukraine (1992)

    Article 7. Prohibition to restrict the rights and freedoms of citizens depending on their belonging or not belonging to civic associations.

    Nobody can be forced to join any civic association.
    Belonging or not belonging to an association can not be a ground for the restriction of rights and freedoms or for any privileges and advantages given by the State.
    It is not allowed to require mentioning the membership (participation) of a person of a civic association in the official documents, except for the cases determined in the Ukrainian laws.
    It is prohibited not to accept or to expel a person from a political party because of his/her sex or nationality.
    Restrictions for some categories of citizens to join political parties are determined by the Ukrainian Constitution and laws.
    The civic associations officials are subject to Labor, social security and social insurance legislation.

  • Law of 27 March 1990 Concerning the Right of Association [Slovakia]

    3.

    (1) No one may be forced to associate, be a member in an association or to take part in its activities. Everyone may freely leave an association.
    (2) No one, as a citizen, can be at a detriment because of associating, being a member of an association, taking part in its activities or supporting  it nor because they remain apart from it.
    (3) The statute of an association regulates the rights and responsibilities of a member of an association.

    6.

    (1) Associations originate through registration.
    (2) A proposal for registration may be submitted  by a minimum of three citizens of hom at least one must be older than 18 years (henceforth only “preparatory committee”). The prposal is to be signed by the members of the preparatory committee and indicate their first and last names, birth registration number and residence. Further it should show which of the members, older than 18 years of age, is legally empowered to act in their name. Two copies of the statute must accompany the proposal in much must be provided:
      a) the name of the association,
      b) its headquarters,
      c) the goal of its activities,
      d) the organs of the association, the manner of their constituting, specific organs and officials legally acting in the name of the association,
      e) stipulations about organizations units, in so far as they will be established and in so far as they will act in their own name, f principles of management.

    15. Legal Protection

    (1)  If a member of an association considers that a decision of some of its organs, against which, according to the statute, it is not possible to appeal utilizing legal means, as illegal or in violation of the statute, he may request the district court within 30 days from the day he learned about the decision but, at the latest, within 6 months from the decision, to request the district court to investigate.
    (2) the proposal to investigate does not have a delaying effect. The court, however, in justifiable cases may halt the implementation of the challenged decision.

  • Law on Associations (7 April 1989) (Journal of Law of the Republic of Poland, No. 20, item 104, Journal of Law of the Republic of Poland, 1990, No. 14, item 86.)

    Article 3.

    (...) 2. Minors from 16 to 18 years of age, who have limited capacity to conduct legal transactions, may become members of associations and have both active and passive elections rights in these associations. However, majority of board members of an association must be persons with full capacity to conduct legal transactions.
    3. Minors below the age of 16 may become members of an association if the statute of this association allows it, provided that they obtain consent from their legal guardians. However, they may not be given a vote at general assembly of an association nor will they have election rights or eligibility election rights. If a branch of an association consists only of minors, they may elect and be elected to authorities of such a branch.

    Article 4.

    1. Foreigners who are residents of the Republic of Poland may become members of associations in accordance with the regulations binding for Polish citizens.
    2. Foreigners who are not residents of the Republic of Poland may become members of associations whose statutes provide for such a possibility.

    Article 5.

    1.  International associations may be founded within the territory of the Republic of Poland according to the principles given in the present law.
    2. Associations may become members of international organizations according to the provisions of their statutes. However, this may not violate commitments arising from international agreements of which the Republic of Poland is a party.

    Article 6.

    1. It forbidden to found associations that accept the principle of their members’ unconditional obedience to the authorities of the association.
    2. No one may be forced to become member of an association, nor may anyone’s right to withdraw from an association be limited. No one bear negative consequences for belonging to an association or not belonging to it.

  • Law of the Republic of Armenia on Public Organizations (4 December 2001)

    Article 6. Founders and Members of Organizations.


    1. Each of the founders of an organization after establishment of the latter is a member of the organization with the same rights and liabilities as the other members of the organization.


    2. A person, who is not a founder of the organization, may become a member of an organization based on his/her free will and according to the procedures stipulated by the charter of the organization.

    An underage person, up to14 years old, may become a member of an organization on his/her will based on the written statement of his/her legal representative.

    If an underage person, from 14 years old to 18 years old, in the order prescribed by law is not recognized as a person with an ability to act, he/she may become a member of an organization based on his/her application with the written consent of his/her legal representative.

    The organization's charter may envisage specific stipulations regarding the rights and obligations of its underage members.


    3. A person's membership in an organization is not a base for restricting the person's rights and liberties.


    Article 7. Protection of the Rights of the Members of the Organization.


    1. Each member of the organization has the right:


    1) To be present at the assembly of the organization, if it is held with the participation of the delegates of the members of the organization, and the person was not elected as one;

    2) To get acquainted with the recorded documents of the work of the organization bodies, to receive copies of the adopted resolutions (fees collected for the copies shall not exceed the expenses incurred for making the copies).

    3) To appeal the decisions of the organization's bodies to higher bodies in the manner envisaged by the charter of the organization.


    2. A resolution of the organization's body (including the supreme body), adopted in violation of law, charter of the organization, or in violation of regulations set forth by the governing bodies of the organization or in violation of the rights and legal interests of the organization or its member, shall be rescind in legal form upon a member's filed protest. Unless the law stipulates otherwise, the protest may be filed within the period of 60 days, following the day when a member of an organization learnt or was supposed to learn about the adoption of a resolution of this kind.

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