Will the law on self-regulated organizations apply to NPO?
What the subject of the law regulation on self-regulated organizations is going to be like will be clear only after the concept of such law appears.
This was reported to the EuroBelarus Information Service by the Legal Transformation Centre “Lawtrend” expert in the nonprofit organizations’ law sphere Volha Smalianka.
Let us recall that the draft law “On self-regulated organizations” is among 30 projects passed by the President into the plan of draft law preparation in the current year.
Belarus doesn’t have such notion as “self-regulated organizations”. And in Russia, for instance, nonprofit organizations, which unite subjects of certain kind of professional actions, are recognized as such. The main idea of the self-regulated organizations is to shift control and supervisory functions of the subjects in a certain sphere from the state onto the market participants themselves.
It may not be true that Belarus will copy the Russian law, highlights Volha Smalianka:
- It is unknown to what extent the law on self-organizations will concern NPO, as there is no concept of the law yet. Whether the law will only regulate the holdings’ activity in Belarus or will be applied broader is hard to say at this juncture. One could speak more specifically when the concept of the law appears.
It is good when the law is preceded by the concept which explains what is this law for, what will be the subject of regulation and so on, explained Volha Smalianka. As a rule, the concept describes other countries’ experience in the development of this or that legal relationship. Basing on the concept the law can either appear or not. Besides, to shift from the concept elaboration to the draft law can take rather long time.
It is the Council of Ministers of Belarus and the National Centre of Legislation and Legal Research that are responsible for the preparation of law concept “On self-regulated organizations” and its submission to the President. According to the plan, the concept has to be prepared before May, 2013; endorsed by the concerned state structures and finalized till July. The submission of the concept to the Administration of the President for the feedback is planned on August. In October it should be finished off and in December, 2013 submitted to the President for the approval.
One of the Legal Transformation Centre “Lawtrend” strategic expert spheres of activity are the questions of freedom of association. Thus, the draft law on self-regulated organizations is in the sphere of the Centre’s expert interests. The human right activists from their side will offer expert and consultant help to the developers for the preparation of this draft law if required.
But for now Volha Smalianka doesn’t see how the draft law on self-regulated organizations can help the development of freedom of associations in Belarus, “as the subject of regulation here is somewhat different”.
- This concept will be of interest for us if it somehow infringes upon the interests of nonprofit organizations, or, vice versa, is aimed at the introduction of some positive norms. Then we will tell our feedback in case the concept appears publicly, of course. But if the concept regulates only certain types of organizations, holdings, for instance, then this draft law will be of less interest for us. As not all NPO are our concern; thus, we don’t work with the consumer cooperatives, - said the expert of Lawtrend.
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