Chapter I
General Provisions

(1) A public association is a voluntary, independent, self-governing formation, arising as a result of free and conscious will of citizens, joined together on the basis of common professional and other interests of their members for mutual realization of economic, social and cultural rights; it is not intended to produce financial gain. Objectives and goals of public associations are determined by its Charter, provisions and other acts (onwards - Charter) which are correctly registered.

(2) Public associations are considered to be mass public movements, women organizations, veteran organizations, organizations of individuals, peace, legal protection organizations, youth and children's organizations, scientific, ecological, technical, cultural, sports and other voluntary associations, creative unions, funds, associations of fellow-countrymen and other unions of citizens.

(3) The functioning of the present Law does not apply to parties and other social-political associations, professional unions and religious organizations and their legal persons, organizations, formed by the organs of public power and local-public administration, cooperative and other organizations, pursuing commercial goals or assisting in gaining profit by other enterprises and organizations, formations of public activity (councils and committees, of micro-districts, home, street, rural committees and others), the principles of formation and functioning of which is determined by other legal acts.

Article 2. Goals of the foundation of public associations and their activity.

(1) Public associations are founded in order to realize and protect civic, economic, social and other legal rights and liberties; to develop activity and initiative of citizens, satisfy professional and amateur interests; to develop scientific, technical, artistic creative work; to protect health of the population, participate in the charitable activity; to draw into mass natural activity and sports; to carry out cultural and educational work with population; to protect nature, monuments of history and culture; patriotic and humanistic education; to widen international contacts, to strengthen peace and friendship between nations; to fulfill other activity which is not prohibited by Law.

(2) Public associations are classified as social - useful associations and mutual associations.

(3) Social - useful associations are the ones whose activity is spread exclusively over protection of human rights, education, propagation of knowledge, health protection, social help for the population, culture, art, amateur sports, liquidation of the consequences of catastrophes, protection of environment and other fields that have public - useful aspects.

(4) Mutual associations are created for fulfilling private and corporation interests of its members.

(5) Public associations may contribute to the public power authorities for the realization of important social goals and tasks.

Article 3. Principles of foundation of public associations and their activity.

(1) Public associations irrespective of their organizational-legal form and scales of their activity are equal to the Law and perform their activity specified in their programs and Charter, according to the Constitution of the Republic of Moldova and legislation in force.

(2) Public associations are founded and function on the basis of voluntaries, independence, equality of their members (participants), self-government, legality and openness. Nobody can be forced to join public association and no one can limit one's right to leave public associations. Public association is free to define its goals, aims and principles of activity, structure of its organs, forms and methods of work, if otherwise not specified by the present Law.

(3) Participation of a citizen in the activity of a public organization cannon be the reason for limitation of his rights, condition of his holding a post in a state organization, except the grounds specified in article 4, part (4) of the present Law and also for giving him some privileges and preferences. It is not allowed to require to specify the membership in this or that public association in official documents.

(4) Activity of public associations based on the principle of absolute subordination of the members of the association to administration is prohibited.

Article 4. Restrictions on the foundation and activity of public associations.

(1) It is not allowed to found public associations, whose goal or method of activity is a violent change of constitutional system, violation of territorial integrity of the Republic of Moldova, propaganda of war, violence and cruelty, stirring up social, class as well as racial, national and religious differences, accomplishment of other punishable acts.

(2) It is prohibited to organize public military associations and armed formations.

(3) The foundation and activity of public associations, infringing upon common to all mankind values, health, morals, social moral of population, rights and safeguarded by the Law interests of citizens - is prohibited. (4) Administrative officers, whose duties include registration and control over the activity of public associations cannot be founders and members of public associations. Administrative officers, whose official duties include realization of state policy in spheres, being priority for these public associations in accordance with their Charter cannot be founders and members of executive, governing and inspection organs of public associations. Laws of the Republic of Moldova can establish some other restrictions on the foundation of certain types of public associations and membership of definite groups of officials.

Article 5. Organizational-legal forms of public associations.

(1) Public association can be founded in one of the following organizational-legal forms:

1. public movement;
2. public organization;
3. public institution;
4. public fund.

(2) The order of establishment, activity and closing of the foundation`s activity is regulated by the respective legislation about foundations and by the Law on philanthropy and sponsorship.

Article 6. The public movement.

(1) A public movement is a mass union of citizens that consists of participants that do not have a fixed membership; this form pursues extensive socially important economic, social and cultural goals, supported by the participants of the public association.

(2) The highest governing organ of the public organization is the convention (conference) or the general meeting. A permanently functioning governing organ of the public organization is the elected collective organ, accountable for the convention (conference) or the general meeting which after public movements=s registration exercises the rights of legal entity on behalf of the public movement and fulfils its duties in conformity with the Charter.

Article 7. The public organization.

(1) A public organization is a public association, based on the fixed membership, founded for the common activity in order to achieve the objectives and goals of the Charter, as well as the protection of their common interests.

(2) The highest governing organ of the public organization is the convention (conference) or the general meeting. A permanently functioning governing organ of the public organization is the elected collective organ, accountable for the convention (conference) or the general meeting which after public movements=s registration exercises the rights of legal entity on behalf of the public movement and fulfils its duties in conformity with the Charter.

Article 8. The public institution.

(1) The public institution is a union of citizens, that do not have a fixed membership, whose objective is to perform certain services, fulfillment of works in the interests of its participants and in order to achieve the Charter goals.

(2) The management of the public institution and its property is performed by persons, appointed by the founder (founders).

(3) According to the constituent documents in public institution there can be formed a collective organ, elected by the workers, who are not the founders and consumers of services of this given public institution. This given organ can specify the content of work of the public institution and, also, to have the right of the consultative body attached to the founder (founders), but it cannot be in charge of the property if otherwise not specified by the founder (founders).

Article 9. Unions of public associations.

Public associations can voluntarily unite in unions (associations) on the basis of Charter agreement, forming a new legal person. The rules of foundations and termination of the activity of unions (associations) of public associations is specified in accordance with the present Law.

Article 10. The protection of the right of association of citizens. The state protection of public associations.

(1) The right of association of citizens is protected by the state supervision on maintenance of the lawfulness by judicial or administrative way. On citizens initiative the actions of the state bodies, organizations and decision-making individuals that creates difficulties in the constitution and legal activity of public association may be sued to the court.

(2) The judicial or administrative protection may result in the reinstatement of the violated right, ceasing the actions of the state bodies, organizations and decision-making individuals that creates difficulties in the fulfilment of the right of the association of citizens, compensation of damages caused through the violation of this right.

(3) The state guarantees public associations to protect their rights and legal interests.

(4) Problems affecting interests of public associations are solved by state organs with the participation or in accordance with the corresponding public association in envisaged in the legislation cases.

(5) The protection of legal rights and interests of public association, as well as public interests are carried out on judicial basis, if the legislation does not stipulate other way.

(6) Interference of state organs and officials of state organs in the activity of public association as well as interference of public association in the activity of state organs and officials is not allowed, except those cases when it directly is envisaged by the Law.

(7) Legislation on labor, as well as legislation on social welfare and social insurance of the Republic of Moldova applies to the officials of the public association. The social welfare and social insurance of the officials of the public association - foreign citizens -, who have not their residence in the Republic of Moldova, are carried out under the provisions of the Law on concessions.

Article 11. Relations between the state and the public associations. The support from the state for the public associations.

(1) The state can support public organizations (based on their applications) by financing some social, scientific and cultural programs, making contracts for the execution of a specific work or services and also through making a certain social order for an unlimited number of public associations for realization of different state programs. The state contributes to the enlarging of the social - useful public associations` activity by collaborating with these in the means of financial preferential politics. The state should have fair relations with other public associations working in the same field.

(2) Social - useful public associations can have special benefits when paying taxes in accordance with the Law of the financial system basis and the present NGO Law. The public associations have benefits when renting public buildings or offices, by an order established by the Government. Benefits of other kind and also for individuals are not provided.

(3) Youth and children public associations are supported by the State both materially and financially. The state provides a full or partial use of buildings of schools, lyceums, colleges, cultural hostels, cultural palaces and houses, sports buildings by children public associations.

(4) Public associations and their juridical representatives that have supported or acted against some political parties, social - political organizations or particular candidates during the elections shall be taken away the right for state financial support, beneficiary taxation, financing and crediting. The financial sources that have been already received on state grants shall be returned to the state`s budget, based on the court`s decision and the present legislation. If the leaders of the public association were not aware of the fact that some of the members of their organization took part in the pre-electoral agitation they should declare as soon as possible about their association`s neutrality and the mass-media element should publish the `deny`. The persons that acted in the name of the association without its leader`s approval shall be persecuted in accordance with the present legislation.

(5) Public associations and their juridical representatives are not allowed to use financial support from foreign (international) natural or juridical persons for supporting political parties, social-political organizations and particular candidates during the elections. These financial sources shall be confiscated and transferred to the state`s budget following the court`s decision.

Article 12. Classification of public associations.

(1) On the territory of the Republic of Moldova there are republican, local and international public associations.

(2) A republican public association is the one whose activity, in accordance with its charter goals, is spread upon the whole territory of the Republic or the major part of its districts, cities and municipals where it has representatives and organizational structures.

(3) A local public association is the association which activates in one administrative - territorial element(piece).

(4) An international public association is the association that activates on the whole territory of Moldova and also on the territory of one or several foreign countries and has its organizational structures in those countries. Affiliates, sections, representatives of international public associations are considered the public associations (non-governmental, non-profit), created in accordance with the legislation of Moldova, if in their own legislation they declare themselves affiliates of the respective international public associations and admit their charter`s supremacy. If the international public association, whose affiliate is being registered in Moldova, does not have a Charter, an official letter from the association to the respective department of the Republic of Moldova, is a sufficient reason to register an affiliate.

Article 13. Legislation on public associations.

(1) The legislation on public association is constituted by present Law and other legislative acts.

(2) The international unions of public associations are established, perform and terminate their activity on the territory of the Republic of Moldova on basis provided by present Law for public associations.

(3) The affiliates, sections, representatives and other organizational structures of foreign public associations (non-governmental, non-profit) are established, perform and terminate their activity on the territory of the Republic of Moldova on basis provided by present Law and other legislative acts.

(4) The philanthropic and sponsoring activity of the public associations shall be regulated by the Law of the Republic of Moldova on philanthropy and sponsoring and fiscal legislation.

(5) Subordinative legislative acts which regulate the method of implementation of the right of association of citizens and establish the Charter of distinct categories of associations, in the part in which run counter with the provisions of present Law, have no legal power.

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