How to Improve the NGO Registration System?

The current system for creating and registering public organizations (NGOs) was established back in 2012 with the adoption of the Law "On Public Associations" and corresponding amendments to the Law "On State Registration of Legal Entities, Physical Persons – Entrepreneurs, and Public Formations."

However, Ukrainian citizens still face numerous difficulties when registering a new organization or updating the information for an existing one.

For example, there is still no possibility to register an NGO online through the "Diia" app, even though such a service has been available for limited liability companies or private entrepreneurs (FOPs) for several years. While a charitable organization can be registered at any Administrative Service Center (ASC/CNAP) or by a notary, an NGO can be registered only with the justice departments. In the vast majority of countries, both individuals and legal entities can create an NGO simultaneously. Unfortunately, in our country, the right to freedom of association is still separated, so individuals and legal entities must create organizations separately. The state still requires NGOs to undergo a complex procedure for registering symbols, although this procedure provides no protection; another legal entity can successfully register your symbols in its name under the law on copyright and related rights. Unreasonable refusals to register NGOs and to grant non-profit status remain a separate issue.

That is why more than 120 CSOs participated in preparing the Legal Reform Roadmap for Civil Society, which includes a range of requirements to improve NGO registration, particularly in Section 1, "Legal Status, Registration, and Termination of CSOs."

The vast majority of the public's proposals are reflected in Draft Law No. 8084.

What improvements to the NGO registration system are brought by the amendments to the Law "On Public Associations" (Draft Law No. 8084)?

1. Introduction of the possibility for online NGO registration via the "Diia" portal

Draft Law No. 8084 introduces a voluntary option for the online registration of public organizations based on a model charter on the "Diia" portal. Registering a legal entity will take about 10 minutes, and you can also obtain non-profit status without visiting tax authorities. Citizens located in different cities and countries (especially IDPs) will be able to create and register their public organization. The model charter allows for the selection of specific activities and internal management structure options. At the same time, the draft law explicitly preserves the right of public organizations to develop and register their own charters adapted to the specifics of their activities and organizational model.

2. Expansion of the list of NGO registration subjects and reduction of the registration period from 3 days to 24 hours

Non-governmental organizations will also be able to register at ASCs (CNAPs) and with notaries. This will increase the number of NGO registration points by several thousand, significantly simplifying access to the registration service. Additionally, the NGO registration period will be reduced from 3 days to 24 hours.

3. Abolition of the obligation for NGOs to register symbols with the Ministry of Justice

The registration of NGO symbols provides no legal protection and creates additional administrative pressure. NGOs, like other legal entities, can protect their symbols through the procedures of the Law "On Copyright and Related Rights."

4. Expansion of the implementation of the right to freedom of association

Draft Law 8084 provides for the possibility of legal entities and individuals founding an NGO together. Today, this right is artificially limited: individuals can only found a public organization, while legal entities can only found a public union. In effect, the draft law merges the "public union" and "public organization" into a single organizational and legal form—"public organization." At the same time, all rights, activity history, and property of the public union are preserved, and the word "union" (spilka) in the organization's name can still be used.

5. Implementation of equality of rights and opportunities for NGOs, regardless of the place of registration and territory of activity

The inequality between the rights of local organizations and NGOs with "All-Ukrainian status" is being abolished. Registration of All-Ukrainian status at the Ministry of Justice will no longer be required; however, the word "All-Ukrainian" in the organization's name can still be used.

There are certain concerns that the draft law may bring negative consequences—below we provide clarifications.

Do all NGOs need to undergo mandatory re-registration after the draft law is adopted?

No, not all NGOs need to undergo re-registration. Some organizations will only need to make changes to their charter—for example, public unions will need to change their organizational and legal form to "non-governmental organization." Also, some NGOs should clarify their procedures for holding general meetings and decision-making, although most organizations already have them. The draft law establishes a three-year period to bring charters into compliance, during which the first year, organizations are exempt from the registration fee. Each organization decides whether to update its charter independently.

Will public unions be liquidated?

No—they will not be liquidated. In fact, the draft law merges the public union and non-governmental organization into one organizational and legal form—"non-governmental organization." All rights, activity history, and property of the public union are preserved. The word "union" in the organization's name can still be used.

Will legal entity branches created before 2011 be liquidated?

No, the draft law does not require their liquidation. On the contrary, it gives branches the opportunity to transform into independent, full-fledged organizations while preserving their names, rights, property, and historical records.

As a reminder, since 2011, NGOs have been able to create separate subdivisions without legal entity status, and the vast majority of active organizations in Ukraine have successfully built their networks of branches this way. Today, the Law "On Public Associations" already grants an All-Ukrainian organization the right to liquidate its branch of a legal entity.

Will the abolition of the "All-Ukrainian" status deprive organizations of the opportunity to influence and act throughout the territory of Ukraine?

No, the abolition of the Soviet-era "All-Ukrainian" status will not reduce the scope of rights and opportunities for existing organizations. The current Law "On Public Associations" gives NGOs the right to operate throughout Ukraine—All-Ukrainian status is not required for this. The Budget Code also does not require All-Ukrainian status for financial support of NGOs for veterans, persons with disabilities, or youth organizations. NGOs can participate in public councils or working groups under ministries and committees of the Verkhovna Rada regardless of this status. Draft Law 8084 abolishes the obligation for organizations to submit documents to the Ministry of Justice every year to confirm All-Ukrainian status. At the same time, organizations can keep the word "All-Ukrainian" in their name for recognition, preserving their brand and traditions without any legal restrictions.

Why is the adoption of Draft Law No. 8084 important for Ukraine's European integration?

The adoption of Draft Law No. 8084 is a European integration commitment of Ukraine, as stipulated by the "Rule of Law" Roadmap approved by CMU Order No. 475 dated 14.05.2025 "On some issues of ensuring the negotiation process for Ukraine's accession to the European Union under Cluster 1 'Fundamentals of the EU Accession Process'."

The draft law is aimed at bringing Ukraine's legislation on public associations into line with European standards of freedom of association, enshrined in Article 11 of the European Convention on Human Rights, the OSCE/ODIHR and Venice Commission Guidelines on Freedom of Association, Recommendation CM/Rec(2007)14 of the Committee of Ministers of the Council of Europe on the legal status of NGOs, and the practice of the European Court of Human Rights, which requires that registration of associations be simple, fast, accessible, and non-discriminatory.

We hope that in the near future, the Verkhovna Rada of Ukraine will adopt No. 8084 in its entirety and significantly simplify the registration of public organizations.

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Institutional support for UCIPR activities is provided by East Europe Foundation within the framework of the "Phoenix: The Power of Communities" project, with the support of the European Union. The content of the created materials is the sole responsibility of UCIPR and does not necessarily reflect the position of East Europe Foundation and the EU.

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