LEGAL BASES OF THE ORGANIZATION AND ACTIVITIES OF NON-PROFIT ORGANIZATIONS IN THE KYRGYZ REPUBLIC AND THE REPUBLIC OF KAZAKHSTAN
The article is devoted to one of the fundamental and inalienable human rights the right to association as a constitutional value. The presence or absence of civil society in any country today is largely determined by the number of non-governmental organizations (NGOs). NGOs are often identified with the definition of “civil society”. In the article, the author formulated the concepts of “right to association” and “non-profit organizations”. They are based on the various views of scientists, the norms of international law and existing domestic legislation. The basic principles of the creation and activities of non-profit organizations and public associations, such as the principle of voluntariness, equality, self-government, legality, freedom, and publicity, are examined. The authors specified the goals and objectives of non-profit organizations and public associations, which should be socially useful and aimed at fulfilling the functions of the state, protecting the rights and freedoms of citizens, and the formation of a legal and democratic state. The norms of the Constitutions of Kyrgyzstan and Kazakhstan and foreign countries governing these institutions are analyzed in a comparative context. Some problems are identified and recommendations are presented. Attention is drawn to the need to distinguish between material and procedural approaches in determining the object of the right to association. Based on the analysis, the author considers it necessary to highlight, first of all, the procedural properties in the content of the right to association in order to ensure the effectiveness of this constitutional value. Attention is drawn to the need to distinguish between material and procedural approaches in determining the object of the right to association.