Recognition of the donation contract (charitable assistance) is invalid

Recognition of a donation agreement (charitable assistance) as invalid as an effective way of restoring rights violated by a privedyda, compensating for the damage caused and bringing the priests to justice.

In the spring of 2014, the first-grade elementary school gymnasium # 143 was held in Kyiv, but contrary to the current legislation, the prerequisite for enrollment of pupils in school required positive results of research on the child's readiness for school and the ability to provide 6,000 UAH "charitable contribution" donation as a free donation by the benefactor to the property of the beneficiary (beneficiary of need for assistance) in order to achieve certain predefined goals of charitable activity in accordance with the law Well).

The parents, who were happy with the results of the research, were immediately given the right to write the application and the requisites needed to pay the "charitable contribution". The need to pay a "charitable contribution" was perceived as a kind of "booking" and securing a "scarce" child among all those wishing to go to the elementary school of this gymnasium, and therefore delaying "charity" as an important step on the way to a dreamy goal would be unwise and in front of "people" ashamed.

Payment by a benefactor of a “charitable contribution” and acceptance by a beneficiary (gymnasium) directly or indirectly by a charitable organization (BF “Children of the New Century”, EDRPOU 26051822) for the next transfer to a beneficiary is considered to be the conclusion of a specific donation agreement with certain features. The peculiarities of such a gift derive only from the specific characteristics: voluntariness; the stated and existing need for charity on the basis of a charitable program; a specific beneficiary, which can be only an individual, non-profit organization or territorial community; targeted spending; reporting to a benefactor and beneficiary, etc.

Depending on the circumstances (claims, frauds or mistakes) that preceded the conclusion of the contract, such a contract is recognized by the court as invalid and the “charitable contribution” received by it is subject to full refund to the charity. In addition, adherents, subject to complicity in claiming a "charitable contribution" or deceiving a philanthropist in order to seize his or her funds for the benefit or benefit of others, shall be held criminally responsible for extortion or fraud, respectively.

This applies not only to "entrance fees" for the first-year campaigners, but also to "entrance fees" from admission to other classes of previous years, as well as monthly student fees in the form of "charitable contributions" of 350 UAH and more.

You can contact the NGO “Human Rights Association of Ukrainians in Ukraine” on the issues of restoration of rights violated by the priest, compensation for the damage caused by the priest and bringing the priests to justice.

Information about the activities of the organization and come to the site.

Roman Truskavetsky LegalHelp

Translated from Ukrainian using Google translator