A comparative analysis of the provisions of the deputy draft law "On Public Associations" (No. 4633) and the government draft law "On Public Organizations" (No. 3371) shows that of the 29 articles of the deputy draft law, 18 are identical to the articles of the Cabinet of Ministers of Ukraine draft. It is worth noting that the government draft law on public organizations (No. 3371) has already received positive conclusions from Ukrainian and international experts, in particular regarding its compliance with European standards on the status of non-governmental organizations.

In June 2009, the draft Law of Ukraine "On Public Associations" (registration number 4633 dated 10.06.2009) was submitted for consideration to the Verkhovna Rada of Ukraine. The initiators of the draft law were people's deputies V. Moisyk ("NU-US"), V. Karpuk ("NU-NS") and O. Humeniuk ("NU-NS"). Representatives of such public organizations as the Ukrainian Marketing Association, the National Association of Credit Unions of Ukraine and the Tourist Association of Ukraine were involved in the author's team.

We remind you that the Committee of the Verkhovna Rada of Ukraine on Legal Policy is already considering the draft Law of Ukraine "On Public Organizations" (registration number 3371 dated 14.11.2008), developed by the Ministry of Justice of Ukraine with the participation of representatives of the public.

An analysis of the draft law on public associations No. 4633 shows that this draft law does not resolve the existing problems of legislative regulation of the activities of public organizations. In particular, it retains a number of provisions that do not comply with European requirements on the status of non-governmental organizations and with decisions of the European Court of Human Rights. The draft law provides that public associations will henceforth be obliged to protect the interests of their members, and may satisfy public interests only in the spheres, branches or sectors defined by their own statutes. This provision not only fails to comply with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms, but will also further complicate the activities of non-governmental organizations, forcing them to constantly amend their statutes.

The draft law provides for the retention of territorial statuses of public organizations, and for all-Ukrainian public organizations the requirement to have local branches in most regions of Ukraine already at the time of formation is retained. In addition, the issue of the range of entities that may act as founders of public organizations is not properly regulated, and an open list of grounds for refusing registration of public organizations is provided. All of this continues to leave opportunities for abuse by registration bodies.

Thus, draft law No. 4633 cannot be considered as an alternative to the government draft law. Certain of its provisions may be proposed as amendments after the adoption of the new law on public organizations in the first reading and after appropriate consultations with the public.

The situation requires active public participation and the refinement and improvement of both draft laws.

Annexes: Conclusion on draft No. 4633 -