Initiative for revisions
Konekt continues with its activities for adoption of a new Law on Donations and Sponsorships in the Public Activities that will provide development of philanthropy in Macedonia.
In 2010, Konekt launched an initiative to change the Law on Donations and Sponsorships in the Public Activities in order to encourage philanthropy and social responsibility in Macedonia.
Konekt in cooperation with the European Center for not-for-profit Law and several other NGOs from the country, have monitored the implementation of the Law. This process established the need for revisions of the law. It was followed by intensive communication with the relevant institutions, and in addition Konekt addressed this need in a newspaper article in “Dnevnik”. In March 2010, Konekt, supported by National Democratic Institute, organized public debate on the implementation of the Law on donations and sponsorships in the public activities and the need for its revision. Participants at the public debate were Members of the Assembly of RM, representatives of the Ministries of finance and culture, representatives from the Public Revenue Office, and representatives from the business and civic sector. The public debate served as a platform for exchange of experience from the implementation of the law by the relevant stakeholders.
Consequently, Konekt in cooperation with the National Democratic Institute, advocated in the Assembly of the Republic of Macedonia in order to open up process for reviewing the implementation of the existing law passed in 2006.
As a result of this activities, from June 01 to June 04, 2010, at the Assembly of RM, the Committee on Culture held an Oversight Hearing on the topic “Implementation of the Law on Donations and Sponsorships in the public activities”. The aim of the Oversight Hearing was to monitor the implementation of the Law on Donations and Sponsorships in the public activities. Success in the implementation was overseen from the aspect of the benefits for the civil society as well as from the aspect of experiences of the companies in utilizing the law. Upon the Hearing, the Committee on Culture adopted Conclusions which were circulated to all relevant institutions.
New Law on Donations and Sponsorships in the Public Activities is the basis for the development of philanthropy in Macedonia. Therefore, Konekt continues with its activities dedicated to the adoption of new Law on Donations and Sponsorships for public activities. Because of the noted problems associated with interpreting, the Law of 2006 did not serve its purpose – to encourage companies and individuals to donate and sponsor.
The new law should:
- Provide better definition of key terms (public interest, organizations/institutions serving public interest, etc.) in accordance with the definitions used in the Law on Associations and Foundations and in other regulation;
- Enable institutions to be a real service by simplifying the procedure for obtaining tax incentives;
- Remove the legal uncertainty by specifying the responsibilities of the institutions, in particular for determining the public interest;
- Facilitate the procedure and reduce the volume of documentation required;
- Be adopted in a procedure that will involve all stakeholders and truly address their needs.
Konekt is part of the working group drafting the new Law within the Ministry of Justice. In order to ensure active participation of all stakeholders and the public in the drafting of the Law, in the second half of 2011 and during 2012, Konekt will organize several public events and debates throughout Macedonia.
For more information:
Summary of an Analysis of the Law on Donations and Sponsorships in the Public Activities
Cross- sector forum on the Law on Donations and Sponsorships
Legal Framework for Financial Sustainability of CSOs
