NGOs under European Convention on Human Rights / Tymofeyeva

part of overtaking the political power in a state. 30 Even in recent days, when it is believed that the lessons of the first and second world wars left a unforgettable mark in the memories of the European governments, the Euromaidan protests in Ukraine resulted in a number of victims both from the side of the protesters 31 and from the side of governmental forces. 32 Consequently, it is impossible to combine both of the factors, namely the statement that the term ‘NGO’ may include national liberation movements and the statement that do not look for overthrowing of governments by force. In his research titled ‘What is a Non-Governmental Organization?’, professor Peter Willetts , from the City University, London writes: “There is no generally accepted definition of anNGO and the term carries different connotations in different circumstances. Nevertheless, there are some fundamental features. Clearly, an NGO must be independent from the direct control of any government. In addition, there are three other generally accepted characteristics that exclude particular types of bodies from consideration. An NGO will not be constituted as a political party; it will be non-profit-making and it will be not be a criminal group, in particular it will be non-violent. These characteristics apply in general usage, because they match the conditions for recognition by the United Nations. The boundaries can sometimes be blurred: some NGOs may in practice be closely identified with a political party; many NGOs generate income from commercial activities, notably consultancy contracts or sales of publications; and a small number of NGOs may be associated with violent political protests. Nevertheless, an NGO is never constituted as a government bureaucracy, a party, a company, a criminal organization or a guerrilla group.” 33 As we see, this definition is very similar to the one given by Menno T. Kamminga. Again, business companies and political parties are excluded. The truth is that an exact definition may depend on a particular situation. NGOs play different roles in their activities before different national and international institutions, at times they even have different roles before the same institution. However, as we will see later in this book, it is impossible to agree that an NGO is never a political party or a company. Based on the definitions given above by the prominent legal theorists, it is possible to summarise the main features of the term ‘NGO’ in the doctrine of international law. They are as follows: 1) independence from state authorities; 2) non-profit-making activities; 3) absence of activities leading to the seizure of state power; 4) formal existence; 5) obedience to state authorities. 34 30 The use of force in the French revolution led to abolition of the French monarchy (see, THOMPSON, J.M. The French Revolution . Oxford: Oxford University Press, 1945, 614 pages). The October revolution of 1917 was also a seizure of state power and resulted in the creation of Soviet Russia (see, SERGE, Victor. Year One of the Russian Revolution . London: Writers & Readers Publishing, 1992, 456 pages). 31 Information about the victims of clashes in the center of Kyiv . Ministry of Healthcare of Ukraine web page. Archived from the original on 17 April 2014. URL:< http://www.moz.gov.ua/ua/portal/ pre_20140416_c.html.> accessed 20 July 2015. 32 Captured Interior Troops soldiers released, their condition satisfactory – Interior Ministry. Interfax Ukraine. Ukrainian New Agency, 21 February 2014. URL: accessed 20 July 2015. 33 WILLETTS, cited above. 34 The author would like to highlight again that this is only a basic study and it may not be interpreted

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