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Ukrainian religious leaders urge Cabinet to simplify registration of religious organizations

01.11.2016, 08:27
The meeting was held on October 27 at the Government House with participation of the All-Ukrainian Council of Churches and Religious Organizations, the Institute for Religious Freedom and officials of the Cabinet of Ministers, Ministry of Finance, the State Fiscal Service, Ministry of Justice and Ministry of Culture, Institute of Religious Freedom.

During the interagency meeting in the Cabinet of Ministers, AUCCRO representatives presented their results, aimed at simplifying the registration of religious organizations and preserving their non-profit status.

 

The meeting was held on October 27 at the Government House with participation of the All-Ukrainian Council of Churches and Religious Organizations, the Institute for Religious Freedom and officials of the Cabinet of Ministers, Ministry of Finance, the State Fiscal Service, Ministry of Justice and Ministry of Culture, Institute of Religious Freedom.

 

The meeting analyzed issues related to the overall process of re-registration of non-profit organizations, including religious ones, pursuant to the requirements of paragraph 133.4.1 of the Tax Code of Ukraine. In particular, it was stated that tax inspectors often denied maintaining nonprofit status through a literal interpretation of the Code, ignoring the laws for the profile of each type of non-profit organizations. This perspective, according to the IRS representative, requires the issuance of a separate explanation letter from the SFS to regulatory authorities.

 

Religious leaders also proposed a number of legislative changes aimed at general simplification, acceleration and reduction of the cost of new procedures for registration of religious organizations and re-registration of the current ones.

 

Conceptual proposals of AUCCRO representatives of churches regarding legislative changes are as follows:

 

1. Implement the “single window”" principle by granting to the Ministry of Culture and the regional state administrations, Kyiv City State Administration and Sevastopol City State Administration, the Council of Ministers of Crimea the powers of state registration of religious organizations with appropriate access to the Unified State Register (or transfer of documents required for state registration to certain state registrars);

 

2. Determine an exhaustive list of documents submitted for registration of the statute and state registration of religious organizations on the “single window” principle and comprehensive requirements to their content;

 

3. Exempt the religious organizations of the duty to certify with the notary the minutes of general meetings and their Statute before submission to the state registrar - similar to public organizations and charities;

 

4. Exempt religious organizations from the administrative fee for state registration;

 

5. Fix the requirements for non-profit activities and order the liquidation of religious organizations directly in the field-specific Law of Ukraine “On freedom of conscience and religious organizations” and separately in the Tax Code of Ukraine - without the need to amend the articles of association, whereby securing their automatic transfer to the new Register of Non-Profit institutions and organizations without the general re-registration.

 

Summing up the discussion, the meeting agreed to draw up a written proposal to the Ministry of Justice to improve the current process of state registration of religious organizations. In turn, the Ministry of Culture recommended to coordinate with the AUCCRO and conduct adequate public discussion of their own developments made in the implementation of the National Strategy in human rights.

 

In addition, with the participation of AUCCRO representative, the work on the complex legislative changes will continue to implement the conceptual approach proposed by AUCCRO.

As it was previously reported, according to Law of Ukraine No. 1666-VIII of 06.10.2016, now it is necessary to turn to a notary to reregister a religious organization.

 

In addition, the Parliament adopted Bill 5050, whereby it made a clarification to the requirements of the Tax Code to statutes on non-profit organizations and extended the deadline for re-registration of religious organizations until 1 January 2018.