Commentary to article 106. Public Association of the Civil Code of the Republic of Kazakhstan

A public association is a legal entity.

The legal status of a public association is determined by the Law on Public Associations. This Law applies to the activities of structural subdivisions (branches and representative offices) of foreign and international non-profit non-governmental organizations established and operating in the territory of the Republic of Kazakhstan, with the exception of religious ones (Part 3 of Article 3 of the Law on Public Associations).

Public associations are established and operate for the purpose of realizing and protecting political, economic, social and cultural rights and freedoms, developing the activity and self-activity of citizens; satisfying professional and amateur interests; developing scientific, technical and artistic creativity; protecting human life and health, protecting the environment; participating in charitable activities; conducting cultural and cultural activities.educational, sports and recreational work; protection of historical and cultural monuments; patriotic and humanistic education; expansion and strengthening of international cooperation; carrying out other activities not prohibited by the legislation of the Republic of Kazakhstan.

It is prohibited to establish and operate public associations whose goals or actions are aimed at forcibly changing the constitutional order, violating the integrity of the Republic of Kazakhstan, undermining state security, and inciting social, racial, national, religious, class, and tribal strife.  

The establishment of public associations of the type of paramilitary formations with a paramilitary structure, uniforms, special insignia, anthems, flags, pennants, special conditions of internal discipline and management, weapons, including imitation ones, is prohibited on the territory of the Republic of Kazakhstan.  

The activities of political parties and trade unions of other States, parties based on religion, as well as the financing of political parties and trade unions by foreign legal entities and citizens, foreign States and international organizations are prohibited.  

It is prohibited to establish and operate public associations that infringe on the health and moral principles of citizens, as well as the activities of unregistered public associations (art. 5 of the Law on Public Associations).  

Participants (members) of public associations do not have property rights to the property they have transferred to these associations, including membership fees (see commentary to art. 36 of the Civil Code).

The participants (members) of a public association are not liable for its obligations, and a public association is not liable for the obligations of its participants (members).  

A public association is created on the initiative of a group of citizens of the Republic of Kazakhstan, at least 10 people, who convene a constituent congress (conference, meeting), at which the charter is adopted and governing bodies are formed (Part 1 of Article 10 of the Law on Public Associations).

A public association is the owner of the property fixed on its balance sheet. The property of a public association has a legal regime of private ownership.

In accordance with the provisions of the Civil Code, a public association has the right to establish enterprises only in the form of a business partnership. Therefore, in the case of the establishment of an enterprise, it is not its owner, but is the founder and retains the rights of obligation on the property of the enterprise (see commentary to art.36 of the Civil Code).

A mandatory feature of a public association is the absence of income extraction as the main purpose of its activities. This rule also applies to those cases when a public association receives deductions from the income of an enterprise created by it in the form of a business partnership.

Republican, regional and local public associations may be established and operate in the Republic of Kazakhstan.

Republican public associations include associations with their own structural divisions (branches and representative offices) in more than half of the regions of the Republic of Kazakhstan.  

Regional public associations include associations with their own structural divisions (branches and representative offices) in less than half of the regions of the Republic of Kazakhstan.  

Local public associations include associations operating within the same region of the Republic of Kazakhstan.  

Before the expiration of one year from the date of registration, republican and regional public associations are required to provide copies of documents confirming the registration of structural divisions (branches and representative offices) in the territorial judicial authorities to confirm their status.  

Paragraphs 2-6 are excluded from the new edition of the commented article, as they are more appropriate in special laws.

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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.  

Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.

Deputy head Professor Basin Yu.G.