The Law of Associations in Ukraine in the Absence of Systematized Legislation

Abstract

The article is devoted to the issues of legal regulation of citizen associations in Ukraine since the content itself and structure of the right to “freedom of association” at the level of the Constitution are not detailed. At the same time, legal regulation at the level of laws also introduces ambiguity into the conceptual apparatus and leads to the conclusion that legal regulation in this area is not systematized. The article examines the constitutional provisions of the right to freedom of association in political parties and public organizations to exercise and protect one’s rights and freedoms and satisfy political, economic, social, cultural, and other interests, and analyzes the term “association” in the legislation of Ukraine. Features, which are common to all associations of citizens are highlighted, such as the voluntary nature of the association; the presence of specific intangible, but legally permitted goals; self-organization and self-regulation; and lack of authoritative powers in citizens’ associations. The article proposes to include creative unions, religious organizations, and the association of condominiums to the three types of associations foreseen by the Constitution: political parties, public organizations, and trade unions.