Registration Problem for Civil Society organizations in Azerbaijan

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Paper has been prepared by Mr.Razi Nurullayev, senior expert with “REGION” International Analytical Center (RIAC). The paper is about common rejection reasons for NGOs registration with the Minsitry of Justice. Many rejection reasons are reiterated in many letters addressed to NGOs by the Ministry. 

COMMON REJECTION REASONS

In the registration of NGOs

  1. Not indication of competences of a deputy chairman
  2. According to the article 5 of the Law “On Non-Governmental Organisations (public unions and foundations)”, not indicating the establishment of non-governmental organizations on permanent or temporary basis or to achieve specific objectives;
  3. Not indicating the rights of its members to appeal to the court;
  4. According to the article 5.4 of the Law “On state registration and state register of legal entities”, not submitting the decision on establishment of entity and approval of charter;
  5. According to the requirements of the article 9 of the Law “On Non-Governmental Organisations (public unions and foundations)”, the founders of non-governmental organisations can be legal entities (excluding public authority and local self-governance bodies) or individuals under 18 years old (founders of the youth public unions – 16 years old), thus the para 5.1 of the charter shall be approximated to the requirements of that article.
  6. According to the requirements of the article 9.2 of the Law of the Republic of Azerbaijan “On Non-Governmental Organisations (public unions and foundations)”, the scope of mutual rights and functions of founders of non-governmental organizations is defined with the establishment agreement (at the signature of agreement) in respect of the establishment of non-governmental organization, and it is defined with the charter of non-governmental organizations in respect of participation in the activity of non-governmental organization.
  7. According to the article 8.2 of the Law “On state registration and state register of legal entities”, extension of the period for 30 days for review of documents of organization for registration;
  8. According to the para 5 of the “Content of application for state registration of legal entities, representatives and branches of foreign legal entities” approved with the decision of the Cabinet of Ministers No 70 dated 13 April 2005, not indicating information on documents submitted to registration body to be attached to the application;
  9. In contradiction to the article 5.4.1 of the Law “On state registration and state register of legal entities”, not indicating a provision on establishment of an entity in the decision on its establishment and approval of its charter;
  10. According to the article 144.1 of the Civil Code of theRepublicofAzerbaijan, agreements for giving instructions on state register of real estate shall be approved notarially;
  11. The para 7.1 of the Charter stipulates the termination of the activity of organizations through their re-establishment (incorporation, accession, partition, separation and transformation) and elimination. According to the article 144.1 of the Civil Code, termination of a legal entity means its termination without transmission of its rights and functions to other persons in the way of legal succession. Therefore, it is necessary to approximate relevant para of the charter to the Code.
  12. According to the article 25.1 of the Law “On non-governmental organizations (public unions and foundations), authorities of management body of public union shall be defined in the charter of the union. Even though positions of deputy chairmen are stipulated in the submitted charter, his/her authorities have not been indicated in contradiction to the requirement of the same article.
  13. According to the article 5.1 of the Law “On state registration and state register of legal entities”, non discovery of an application of organization among documents submitted to relevant executive body (Ministry of Justice) of the Republic of Azerbaijan for state registration of an entity wishing to obtain status of legal entity.
  14. During the investigation of submitted documents, discovering that identity cards of a founder or founders of entity lost its legal force according to the article 4 and 7 of the Law “On identity card of the citizen of the Republic of Azerbaijan”.

Most of the NGO papers were returned by the Ministry of Justice relevant to the requirements of the article 11.3.1 of the Law “On state registration and state register of legal entities”.

There were unusual comments of the Ministry of Justice: the documents were returned with the following comment: “In the Charter of the Elections Monitoring and Democratic Training Centre, the name of the law “On Non-governmental organizations (public unions and foundations)” was written wrong, i.e. without affix “s”. The name of the law was written “public union” instead of “public unions”.

Results of the search made on 4 (four) Public Unions

Elections Monitoring and Democratic Training Centre

a)      It applied on 26 January 2009. The ministry rejected in registration on 29 April and the justification was that the name of the law was written wrong, i.e. without affix “s”. The name of the law “On Non-governmental organizations (public unions and foundations)”was written “public union” instead of “public unions”.

b)      It applied again on 6 May 2009. On 18 August 2009, the Ministry rejected in registration again and the justification was that the Charter did not indicate that organization shall have activity on permanent or temporary basis.

c)       It applied again to the Ministry on 3 December 2009. However, the Ministry sent a letter rejecting the registration in March 2010. The justification for rejection was that the right of its members to appeal to the court was not indicated.

P.S. After getting rejection in registration of the organization, the founders applied to the Court, however the court process still continues. On 3 December 2010, the Baku Appellate Court did not satisfy the complaint of the plaintiffs.

“Social-Economic and Legal Enlightenment” public union

Rejection 1

According to the article 5.3.1 of the Law “On state registration and state register of legal entities”, when founder (founders) is an individual – his (their) name, surname, patronymic name, place of residence, number and date of issue of identity card shall be indicated. But in the application the residence address of the founders were not indicated contradicting that article;

According to the article 5.4 of the Law “On state registration and state register of legal entities”, not the protocol, but the decision on establishment of the entity and approval of the charter has not been submitted.

Rejection 2

According to the article 5 of the Law “On non-governmental organizations (public unions and foundations), non-governmental organizations can be founded on a permanent basis or to achieve specific objectives. In the submitted documents, it was not defined that the entity is founded on a permanent basis or to achieve specific objectives.

Rejection 3

According to the requirements of the article 9 of the Law “On non-governmental organizations (public unions and foundations), the founders of non-governmental organisations can be legal entities (excluding public authority and local self-governance bodies) or individuals under 18 years old (founders of the youth public unions – 16 years old), thus, the para 5.1 of the charter shall be approximated to the requirements of that article.

In connection with the above mentioned, the documents were returned according to the article 11.3.1 of the Law “On state registration and state register of legal entities”.

“Regional Human Rights and Social Researches Centre” Public Union

The applicants established the “Regional Human Rights and Social Researches Centre” Non-Governmental Organisation on 28 March 2009. For state registration of the organization, the documents were collected and application was submitted to the Registration and Notary Head Office of the Ministry of Justice.

With the letter of the Ministry of Justice No 11/663 dated 25 May 2009, the period for review of the documents submitted by the applicants was extended for 30 days. With the letter of the respondent No 11/1000 dated 07 August 2009, a number of deficiencies were discovered in the charter of the organization and the documents were returned to the applicant without execution.

Rejection 1

According to the article 5 of the Law “On Non-Governmental Organisations (public unions and foundations)”, non-governmental organizations can be established on a permanent basis or to achieve specific objectives;

As well according to the requirements of the article 9.2 of the same Law, the scope of mutual rights and functions of founders of non-governmental organizations is defined with the establishment agreement (at the signature of agreement) in respect of the establishment of non-governmental organization, and it is defined with the charter of non-governmental organizations in respect of participation of a non-governmental organization in the activity. Contradicting to the requirements of the same article, the scope of mutual functions of the founders was not indicated in the charter of the entity.

Rejection 2

The applicants removed the deficiencies in the application and re-applied to the Ministry of Justice in 2009. With the letter of the respondent No 11/1278 dated 14 October 2009, the period for review of the documents submitted by the applicants was extended for 30 days. The documents were returned with another letter of 24 November 2009 of the respondent.

According to the article 5 of the Law “On Non-Governmental Organisations (public unions and foundations)”, non-governmental organizations can be established on a permanent basis or to achieve specific objectives.

In the submitted documents, it was not defined that the entity is founded on a permanent basis or to achieve specific objectives.

According to the article 11.3.1 of the Law “On state registration and state register of legal entities”, the documents were returned back.

“Towards Eurointegration” public union

Rejection 1

With the decision No11/69 according to the article 8.2 of the Law “On state registration and state register of legal entities”, the period for review of the documents submitted by the applicants was extended for 30 days.

Rejection 2

With the decision No11/2211, according to the article 8.2 of the Law “On state registration and state register of legal entities”, the period for review of the documents submitted by the applicants was extended for 30 days.

Rejection 3

According to the article 8.2 of the Law “On state registration and state register of legal entities”, the period for review of the documents submitted by the applicants was extended for 30 days. The letter of the Ministry of Justice No 11/69 dated 23.01.2008 in respect of the extension of the period for review of documents was sent to the residence address of the cofounder Ganiyeva Nabat Shamkhal gizi (Baku city, 3rd Khrebtovi 129/110). However, the letter was returned back by relevant post office with the notice “Address is not complete”.

Rejection 4

According to the para 5 of the “Content of the application on state registration of delegations and branches of legal entities, foreign legal entities” approved with the decision of the Cabinet of Ministers No 70 dated 13 April 2005, the information shall be indicated on documents submitted to the body of registration to be attached to the application.

Also in contradiction to the article 5.4.1 of the Law “On state registration and state register of legal entities”, there was no provision on the establishment of an entity in the decision on the establishment of an entity and approval of its charter.

“Television and Alternative Media Development Centre” Public Union

Rejection 1

According to the article 144.1 of the Civil Code of the Republic of Azerbaijan, agreements for giving instructions regarding the state register of a real estate shall be approved notarially;

Rejection 2

According to the article 5 of the Law “On non-governmental organizations (public unions and foundations), non-governmental organizations can be founded on a permanent basis or to achieve specific objectives. In the submitted documents, it was not defined that the entity is founded on a permanent basis or to achieve specific objectives.

Rejection 3

The para 7.1 of the Charter stipulates the termination of the activity of organizations through its re-establishment (incorporation, accession, partition, separation and transformation) and elimination.

According to the article 59.1 of the Civil Code, termination of a legal entity means its termination without transmission of its rights and functions to other persons in the way of legal succession. Therefore, it is necessary to approximate the relevant para of the charter to the Code.

Rejection 4

According to the article 25.1 of the Law “On non-governmental organizations (public unions and foundations), authorities of management body of public union shall be identified in the charter of the union. Even though position of deputy chairmen is stipulated in the submitted charter, his/her authorities have not been indicated in contradiction to the requirement of the same article

Rejection 5 – No 11/77; 19/01/2009

The review period of the documents submitted for the review of the Ministry of Justice for state registration of the “Television and Alternative Media Development Centre” has been extended according to the article 8.2 of the Law “On state registration and state register of legal entities”.

Rejection 6 – No 11/1253; 08/10/2009

The review period of the documents submitted for the review of the Ministry of Justice for state registration of the “Television and Alternative Media Development Centre” has been extended according to the article 8.2 of the Law “On state registration and state register of legal entities”.

Rejection 7

According to the article 5.1 of the Law “On state registration and state register of legal entities”, non discovery of application of organization among documents presented to relevant executive body (Ministry of Justice) of the Republic of Azerbaijan for state registration of an entity wishing to obtain status of legal entity.

During the investigation of submitted documents, discovering that identity cards of Jafarov Rasul Akghahasan oglu and Heybatov Ahmad Nureddin oglu, the founders of the entity lost its legal force according to the article 4 and 7 of the Law “On identity card of the citizen of the Republic of Azerbaijan”.

Conclusion

The conclusion is the following: the Ministry of Justice avoided groundlessly the registration of a non-governmental organization, and violated the legislation returning back the documents of the entity under different excuses.

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