Section 10. Public Activities
(1) An association and a foundation, in order to achieve the goals laid down in the articles of association, have the right to perform activities which are not in contradiction with law, especially to distribute freely information regarding its own activities, to establish its own publications and other mass media, to organise meetings, street processions and pickets, as well as to perform other public activities.
(2) An association and a foundation may apply to State and local government authorities in matters related to the goals of the activities of the respective association or foundation, as well as to maintain the rights of its members or interests protected by law in a court.
Article 24. Rights of a public association
1. For the implementation of its statutory goals, a public association, which has a status of a legal entity, shall have the following rights:
- freely disseminate information on its activity;
- participate in the drafting of decisions by government and regulatory authorities in the manner and within the scope established by this Law and other laws;
- hold meetings, rallies, demonstrations, processions and other public events in compliance with the procedure established by the legislation of the Republic of Tajikistan;
- establish mass media and undertake publishing activities in compliance with the legislation of the Republic of Tajikistan;
- represent and protect its rights and legal interests of its members and participants or other citizens before government and regulatory authorities and public associations;
- fully exercise their mandates as established by the laws on certain types of public associations;
- put forward initiatives on various aspects of community life and submit proposals to government and regulatory authorities;
- obtain information from government and regulatory authorities as may be necessary for the implementation of statutory goals, except for the cases established by the legislation of the Republic of Tajikistan;
- in compliance with the legislation, engage in manufacturing and other economic activities that facilitate their statutory goals and objectives, in particular, through any commercial organizations established for that purpose;
- for the purpose of implementation of their statutory activity, participate in national and international tenders for government contracts to implement social projects, grants, stipends and other preferences not prohibited by the legislation;
- for the purpose of implementation of their statutory activity, enter into agreements with natural persons or legal entities for scientific, economic, financial and industrial cooperation, provision of services and performance of works;
- in compliance with the legislation, carry out scientific projects, research and development, public assessments of projects and programs important for the society and participate in joint review boards for such projects and programs, provided that such activity is anticipated in their charters;
- exercise their mandates as provided for by the legislation of the Republic of Tajikistan.
2. The exercise of these rights by public associations established by or together with foreign citizens and stateless persons may be restricted by the laws or international instruments recognized by the Republic of Tajikistan.
IV. Activities of Public Organisations and Associations Thereof
Section 16. Public Activities
In order to reach the goals provided for in the articles of association, public organisations and associations thereof have the right to carry out public activities that are not in conflict with regulatory enactments.
For such purpose, such organisations and associations may:
1) freely distribute information regarding the activities thereof;
2) establish their own press publications and other mass media;
3) organise mass rallies, demonstrations, street processions and meetings in public places;
4) maintain contacts with the public organisations of other states;
5) shape public opinion; and/or
6) carry out other public activities.
Article 5 - Activities of an association
(1) An association may from the moment of its establishment perform those activities that serve the realization of its statutory goals.
(2) In addition to the activities mentioned in paragraph 1 of this Article an association may engage in activities for the purpose of gaining profit, in accordance with law.
(3) An association is independent in the realization of its statutory goals.
(4) An association shall not perform activities described in Paragraphs 1 and 2 of this Article for the purpose of gaining profit for the association’s members or a third person. If in performing its activities the association gains profit, such a profit shall be used exclusively for the performance and furtherance of the association’s activities that serve the realization of its statutory goals.
Article 2 - Definition of activities
(1) The non-profit legal entities shall freely determine their objectives and may determine their status as organizations pursuing activities for public or private benefit. Such determination shall be set forth in the statute, the articles of association or amendments thereto.
(2) The determination for the purpose of pursuing activities for public benefit shall be irrevocable following the registration of that circumstance in the register of non-profit legal entities within the jurisdiction of the district court by domicile of the respective non-profit legal entity.
Article 3 - Objectives
(1) The non-profit legal entities shall freely determine the means for attaining their objectives.
(2) Restrictions to the activities and the means for attaining the objectives of non-profit legal entities may be set forth only by law.
(3) The non-profit legal entities may pursue additional business activities only provided they are related to the subject of the basic scope of activities specified in their registration, and provided the revenues are used for the purpose of attaining the objectives set forth in the statute or the articles of association.
(4) The subject of business activities shall be set forth in the statute or the articles of association of the non-profit legal entities.
(5) The non-profit legal entities may pursue business activities in compliance with the terms and procedures stipulated by the laws governing the respective types of business activities.
(6) The non-profit legal entities shall not distribute profit.