Legal regulation of payment of membership fees in public associations.

Abstract

The scientific article is devoted to the study of the legal regime and features of payment of membership fees in non-entrepreneurial societies. The specifics of the legal regulation of the payment of membership fees, concepts and types of membership fees according to the legislation of Ukraine have been analyzed. The author of the scientific work also analyzed the doctrinal approaches developed in this field of scientific research.
 The article analyzes the provisions on the payment of membership fees, as well as the agreement on the payment of membership fees. The specifics of paying membership fees based on the contract were determined, and the legal consequences of non-payment were analyzed.
 The author of the article proves that the payment of membership fees is mandatory, in connection with which non-fulfillment of the corresponding obligation entails such legal consequences as the exclusion of a member from the membership of a non-entrepreneurial society. A person who joins a non-entrepreneurial society voluntarily assumes the obligations stipulated by the statute or regulations, including the payment of membership fees, in return receives certain benefits depending on the type of statutory activity of the public association. Membership fees are used by a non-entrepreneurial society to implement the purpose and objectives of the activity, for which the relevant persons joined such a society.
 Current civil legislation in the field of non-entrepreneurial legal entities uses a dispositive approach to the procedure for paying membership fees, in connection with which their payment can be determined in the charters of public associations and on the basis of an agreement on the payment of membership fees. The legal nature of the agreement on the payment of membership fees is manifested in the fact that it is a bilateral accession agreement.
 Particular attention will be paid to the peculiarities of paying membership fees depending on the type of non-entrepreneurial society.
 The main types of membership fees are introductory, periodic, targeted and charitable. Membership fees can be money, securities, creative ideas. In case of non-payment of membership fees, such a method of liability as exclusion from the public association may be used.
 The possibility of local regulatory determination of the size and terms of payment of membership fees allows to establish an individual procedure for payment of membership fees, various benefits, and to exempt certain categories of persons from their payment.
 For the purpose of legal consistency in the terminology, it is advisable to use the concept of "membership contributions" as generic, and in the special sense to use the term "regular contributions";
 As a general rule, payment of membership fees is voluntary, however, in some cases, membership fees may be collected in a compulsory manner. The article supports the approach to the compulsory collection of membership fees as a requirement to fulfill an obligation.