What is a public organization definition. Public associations, types, structure, registration

Public organization - an association based on voluntary principles, characterized by the presence of a system of self-government, non-commercial goals of activity, formation on the basis of the initiative of citizens.

The goals of such organizations are the realization of interests, which are proclaimed by the Charter of the community, without obtaining commercial benefits. The task of non-profit associations is also to meet the spiritual needs of citizens.

The right to form non-profit structures is confirmed by the Constitution of the Russian Federation and regulated by the norms of civil law.

The main provisions on public organizations are contained in the Civil Code and regulations. A public association can exist only on a voluntary basis, no one can force them to participate in the activities of such an organization.

According to the criterion of the organizer, public organizations are divided into:

• Associations (formed by individuals);
• Associations (formed by legal entities).

Depending on the purpose of the activity, there are such types of public organizations:

• Political parties.
• social movements.
• Trade unions.
• Amateur organizations.
• Public self-government on a territorial basis.

These types are included in the list of non-profit organizations whose activities are regulated by the norms of the Civil Code, Federal Laws "On Non-Profit Organizations", "On Public Associations".

The goals of creating public organizations, their activities

Public organizations act with the aim of realizing the task aimed at satisfying the intangible, spiritual interests of citizens.

Associations are non-profit, so obtaining material benefits is not a paramount task, but, according to the norms of the law, they can still have some monetary profit.

If the material benefit received by a non-profit organization is used to achieve the main purpose of the activity, it can be used as part of the provision of legal services, the sale of products.

The main goals and objectives of the activities of public organizations are set out in the charter document of a legal entity - the Charter. The basis for the formation of a public association is the community of interests of the members of the community.

The main purpose of the activity depends on the type of public organization:

• Protection of professional interests of representatives of certain specialties;
• Realization of religious and cultural rights of citizens;
• Educational and outreach activities;
• Political activity;
• Development of the system of local self-government;
• The development of art and needlework, literature, music and other areas of art.

Legal basis for the functioning of public organizations

The basis for the functioning of public organizations are the norms of Russian legislation in the field of civil law.

The key points are fixed in the Constitution - the basic law of the Russian Federation.

Features of activity are regulated by laws of the federal level, regulatory legal acts.

State registration of a public association

State registration of public associations is necessary to start vigorous activity. Registration is required for this association to obtain the rights of a legal entity and to fully carry out activities within the framework of the law.

The federal law "On State Registration of Legal Entities and Individual Entrepreneurs" states that the decision on the possibility of registration should be made by the federal authorities that have authority in this area.

When such a decision is made, the company is entered into the Unified State Register of Legal Entities. An important role in registration, on the basis of legislation, is played by the Federal Tax Service.

According to the law, the registration of non-commercial legal entities is carried out according to the general rules for registering legal entities. In a notification procedure, companies are entered in the register, the main purpose of which is trade union activity, they are an association of trade unions.

Features of property relations within public organizations

This form of existence of legal entities is formed on the condition that the participants in such a community do not have material (property) rights. The main activity is non-commercial.

These legal entities may have profit from legal activities, but it is not the main goal, but can be used to implement the statutory task.

It should be noted that the income received from the provision of services or the sale of products cannot be distributed among community members.

A legal entity may have property formed from membership fees paid on a voluntary basis. All activities and the procedure for organizing the collection of contributions are regulated by the Charter of the organization.

Consolidation of public organizations into associations (unions)

According to the law, a public organization, by decision of the community members, can be transformed into a union or association by merging.

The goals of the activity can be aimed at achieving a socially significant idea, interests and benefits for citizens that are not related to obtaining benefits.

Individuals and legal entities can unite in unions.

Based on the decision to merge, after the official procedure and the development of the Charter, a new legal entity is formed.

Transformation of a public organization

According to the decision of the members of the organization, the transformation of the community is possible.

The transformation of a legal entity of this type is possible in the following types of communities:

• Union or association;
• Fund;
• Autonomous non-profit organization.

Reorganization into a public organization in the opposite direction can be carried out only from the association.

Transformation is possible only in the manner prescribed by law.

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creation of a public organization

I am the director of an autonomous non-profit organization, I am also an individual entrepreneur, that is, I have my own individual entrepreneur. Now I am interested in the issue of registering a public organization, most likely the creation of an association. How should this be done?

Sandra 16.06.2019 09:47

Hello! Registration of a public organization in Russia is carried out in accordance with the established rules of the Federal Law of the Russian Federation of May 19, 1995 No. 82-FZ “On Public Associations” and the Federal Law of the Russian Federation of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. According to the law, in order to register a public association in the structures of the executive power, the will of at least three natural persons-founders and relevant documents are required. At the same time, the registration of such a company is carried out after the founders decided to create a legal entity at a general vote, approved the charter and formed the leadership. At the moment, the Ministry of Justice of the Russian Federation deals with the registration of public organizations. The Ministry of Justice and its regional branches make decisions on the state registration of an association, including the issues of its creation, reorganization or liquidation. All changes in the constituent documentation and the inclusion of a certain union in the Unified State Register of Legal Entities. Our specialists are ready to assist you in registering a public organization. There is a 50% discount for you using the promo code of the Free Legal Advice Service.

Sazonov Sergey Vladimirovich 17.06.2019 13:20

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21.06.2019 10:30

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Powers of a group of members of a regional organization in a municipal district

There is a regional public organization. What powers can be given to a group of members of this organization in the area? What documents can ensure the activities of this group?

Powers of a group of members of a regional public organization 17.05.2019 19:22

Good afternoon! All powers are spelled out in the constituent documents. According to Art. 14 Federal Law "On Non-Commercial Organizations" dated 12.01.1996 N 7-FZ, The constituent documents of non-profit organizations are:

charter approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budgetary institution;

the charter or, in cases established by law, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, regulations approved by the relevant body exercising the functions and powers of the founder for a public institution;

the memorandum of association concluded by their members and the articles of association approved by them for the association or union;

The founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a constituent agreement.

In cases stipulated by law, a non-profit organization may act on the basis of the general regulation on organizations of a given type and type.

3. The constituent documents of a non-profit organization must define the name of the non-profit organization, containing an indication of the nature of its activities and organizational and legal form, the location of the non-profit organization, the procedure for managing activities, the subject and goals of the activity, information about branches and representative offices, the rights and obligations of members, conditions and procedure for admission to membership in a non-profit organization and withdrawal from it (in the event that a non-profit organization has membership), sources for the formation of property of a non-profit organization, the procedure for amending the constituent documents of a non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions, provided for by this Federal Law and other federal laws.

In the founding agreement, the founders undertake to create a non-profit organization, determine the procedure for joint activities to create a non-profit organization, the conditions for transferring their property to it and participating in its activities, the conditions and procedure for the founders (participants) to withdraw from its composition.

The charter of the fund must also contain the name of the fund, including the word "fund", information about the purpose of the fund; instructions on the bodies of the foundation, including the board of trustees, and on the procedure for their formation, on the procedure for appointing and dismissing officials of the foundation, on the location of the foundation, on the fate of the foundation's property in the event of its liquidation.

The constituent documents of an association (union), non-profit partnership must also contain conditions on the composition and competence of their governing bodies, the procedure for their decision-making, including on issues decisions on which are taken unanimously or by a qualified majority of votes, and on the procedure for distributing property remaining after liquidation of an association (union), non-commercial partnership.

The charter of a budgetary or state institution must also contain the name of the institution, an indication of the type of institution, information about the owner of its property, an exhaustive list of activities that a budgetary or state institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, competence management bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies.

The constituent documents of a non-profit organization may also contain other provisions that do not contradict the law.

20.06.2019 21:49

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foreclosure by the bailiff service on property

Can bailiffs levy foreclosure on the ownership of property and funds of a member of a public organization transferred to a public organization for the implementation of statutory activities? enforcement proceedings are conducted on a criminal fine by a court verdict

Dmitry 07.05.2019 08:57

Good evening! FSSP application https://fssprus.ru/fssp_mobile

Deadline for the execution of a writ of execution by bailiffs

What can bailiffs describe in an apartment

In order not to waste time on bailiffs, there is an excellent way to pay off debts, namely: the debtor asks the creditor for bank details and transfers monthly (electronically or replenishes the creditor's card in cash), while always keeping receipts. THE MAIN THING WHEN TRANSFER OR REPLENISHMENT - SPECIFY THE NAME OF THE TRANSFER. FOR EXAMPLE "PAYMENT BY DECISION / DECISION (name of the court) dated November 9, 2018. This option of settlement with the collector will create the most comfortable conditions for repayment and settlement of debts. To transfer child support, open a personal account / accounts for children in the bank and transfer to them alimony.

The car is arrested by the bailiffs, what to do

Can bailiffs describe the property of parents for the debts of children

How much can bailiffs deduct from the salary if there are children

Do bailiffs have the right to withdraw money from a pension

Do bailiffs have the right to open an apartment without a landlord. (Civil Code of the Russian Federation Article 388. Conditions for the assignment of a claim, part 2. It is not allowed, without the consent of the debtor, to assign a claim under an obligation in which the identity of the creditor is essential for the debtor).

Can bailiffs seize a credit account

Which accounts cannot be arrested by bailiffs

It is necessary to show documents confirming the ownership of the property (checks, receipts). Show documents proving belonging to another person: sales receipts, contracts, deeds, electronic receipts, bank statements, inheritance transfer certificates, draw up a simple sale and purchase agreement; in the absence of any documents, it is necessary to ask employees to send requests to organizations where they can confirm the ownership of a particular item of property. This procedure may take a long time, during which the property will be seized; when it is impossible to determine ownership, there is a right to demand the exclusion of property, release from arrest and protection from sale. To do this, you need to send a statement of the established form and wait for the start of the case in the court. It is important to note that the person sending such a letter can be not only the owner of the thing, but also its pledgee or another person interested in this. The list of what will remain in the possession and use of the debtor in any case is approved by Law FZ No. 229 of 01.02.2008. The list is as follows: an apartment, house or other dwelling, which is considered the only place of residence (if it is not a subject of pledge); things for individual use for everyday use in the domestic sense; personal medals, orders and other awards; means of transportation used to earn money, work; materials for heating and cooking; finances equal to the subsistence minimum established in the region.

Any illegal step of the representative of the FSSP can be appealed within 10 days by the party in respect of which enforcement proceedings have been opened or by another person whose rights have been violated. The claim is written to the head of the service or immediately in the form of a lawsuit in court. Each case is considered separately, and upon proof of exceeding the authority, the items will be returned to the applicant.

Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on October 11, 2018, as amended on December 19, 2018) of the Labor Code of the Russian Federation Article 138. Limitation of the amount of deductions from wages. The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee. According to the Labor Code of the Russian Federation, the amount of wages withheld on account of debt is calculated in the following proportions: according to the law - 20% of wages; according to federal law or a court decision - 50% of the salary; exceptions to the rules (for example, alimony) - 70%. The most common rate is a 50% payroll deduction for credit debt. If the borrower has children, then the deduction is reduced: Having 1-2 children - bailiffs are not entitled to deduct more than 30%; The presence of a child studying at a university not on a budgetary basis - 30%. The death of a spouse and the presence of minor children - 25%. The death of a spouse and the absence of minor children - 50%. By law, the court cannot deduct from the following types of profit: 1. Maternity capital and other payments for the maintenance of the child; 2. Compensation for work in hazardous production or in difficult climatic conditions; 3. Compensation for harm to health received in connection with the work of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of the deceased at work; 5. Payments to a citizen caring for a disabled person of group I; 6. Accruals during the period of dismissal of an employee. In accordance with the norms of paragraph 12 of part 1 of Art. 101 of the Federal Law "On Enforcement Proceedings" dated October 2, 2007 No. 229-FZ for benefits to citizens with children, the accrual of which is made from the federal or regional budget (including off-budget state funds - FSS, PFR and MHIF) cannot be levied on enforcement documents.

Article 446 of the Civil Procedure Code of the Russian Federation and Article 101 of the Law on Enforcement Proceedings contain information on what property is not subject to seizure: the only housing, if it is not bought on credit and not mortgaged (when it comes to a private house, then the land on which it stands, also cannot be arrested); essentials, personal belongings, household appliances as part of ensuring normal living conditions; things for the performance of professional duties, the cost of which is not more than 100 times the minimum wage; domestic animals and poultry kept not for profit, as well as pastures, feed and buildings necessary for them; seed fund for future plantings; firewood, coal and other substances necessary for space heating during one season; transport belonging to a disabled person and necessary for him to move; badges of honor, medals, orders, etc. belonging to the debtor Knowing what property cannot be seized, it is worth remembering that there is a fairly extensive list of benefits, additional payments, and payments protected from recovery, including: compensation for damage to health; payment for the loss of a breadwinner, for injury or death in the performance of professional duty, victims of disasters; grant for the care of a disabled person; federal co-payments for the purchase of drugs, travel expenses, etc.; alimony; travel and depreciation; allowance for birth, death (burial allowance) or on the occasion of marriage; social insurance payments (exceptions - pensions and sick leave); child benefits and materiel, state assistance to victims of a terrorist attack or the death of a close relative; financial assistance provided by philanthropists; travel reimbursement.

Carefully read the documents in the enforcement proceedings. Photograph all documents in production. If you disagree with the materials of the proceedings, file a complaint against the bailiff online http://fssprus.ru/form or file a complaint through the office, the chief bailiff of your area against the bailiff, who is obliged to execute the court decision. Print on two sheets, one to the institution, the second to you with a mark (date, signature of the person who accepted the application) stamp of acceptance. If you do not receive a response within 10 days, complain to the FSSP Office in your region. If you do not receive a response within 10 days, apply to the court at the place of your registration with a statement challenging the actions / inactions of the bailiff.

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Saybotalov Vadim Vladimirovich 11.05.2019 21:30

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Fedorova Lyubov Petrovna 12.05.2019 09:50

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Educational activities

Good afternoon. Does a public organization have the right to conduct surveys and questionnaires among children at school. How to politely refuse.

Natalya 04/23/2019 11:10

The legislation does not prohibit the conduct of surveys among students of educational institutions.

According to paragraph 3 of Art. 28Federal Law of December 29, 2012 N 273-FZ"On Education in the Russian Federation", tothe competences of an educational organization in the established field of activity include:

1) development and adoption of internal regulations for students, internal labor regulations, other local regulations;

2) material and technical support of educational activities, equipment of premises in accordance with state and local norms and requirements, including in accordance with federal state educational standards, federal state requirements, educational standards;

3) providing the founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as a report on the results of self-examination;

4) establishment of the staffing table, unless otherwise established by the regulatory legal acts of the Russian Federation;

5) hiring employees, concluding and terminating employment contracts with them, unless otherwise established by this Federal Law, distribution of job responsibilities, creating conditions and organizing additional professional education for employees;

6) development and approval of educational programs of an educational organization;

7) development and approval in agreement with the founder of the educational organization development program, unless otherwise provided by this Federal Law;

8) admission of students to an educational organization;

9) determination of the list of textbooks in accordance with the approved federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education by organizations engaged in educational activities, as well as teaching aids approved for use in the implementation of these educational programs of such organizations;

10) the implementation of ongoing monitoring of progress and intermediate certification of students, the establishment of their forms, frequency and procedure for conducting;

10.1) encouragement of students in accordance with the types and conditions of encouragement established by the educational organization for success in educational, physical culture, sports, social, scientific, scientific and technical, creative, experimental and innovative activities, unless otherwise established by this Federal Law;

11) individual accounting of the results of mastering educational programs by students and incentives for students, as well as storage in archives of information about these results and incentives on paper and (or) electronic media;

12) use and improvement of teaching and upbringing methods, educational technologies, e-learning;

13) conducting self-examination, ensuring the functioning of the internal system for assessing the quality of education;

14) providing in an educational organization that has a boarding school, the necessary conditions for the maintenance of students;

15) creation of the necessary conditions for the protection and promotion of health, catering for students and employees of an educational organization;

15.1) organization of socio-psychological testing of students for the purpose of early detection of illegal consumption of narcotic drugs and psychotropic substances in the manner established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education;

16) creation of conditions for physical culture and sports for students;

17) acquisition or production of forms of documents on education and (or) qualifications, medals "For special achievements in teaching";

19) promoting the activities of public associations of students, parents (legal representatives) of underage students, carried out in an educational organization and not prohibited by the legislation of the Russian Federation;

20) organization of scientific and methodological work, including organization and holding of scientific and methodological conferences, seminars;

21) ensuring the creation and maintenance of the official website of the educational organization on the Internet;

22) other issues in accordance with the legislation of the Russian Federation.

Saybotalov Vadim Vladimirovich 11.06.2019 21:19

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Fedorova Lyubov Petrovna 12.06.2019 09:05

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Public organizations

Hello. I work in the state Institution. I am a member of a public organization by the nature of my activity. In addition to my duties, the authorities ordered me to fill out certain documentation for this public organization. Due to the heavy workload of the main work, I fill out the documentation slowly. Does my boss have the right to take stimulus payments from me, which make up the bulk of my salary? Thank you.

Eugene 04/22/2019 10:29

According to Art. 135 of the Labor Code of the Russian Federation,remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and bonuses of a stimulating nature and bonus systems, are established by collective agreements, agreements, local normative acts in accordance with labor legislation and other normative legal acts containing labor law norms.

The employer determines the conditions, procedure for payment and withdrawal of incentive accruals, as well as their size.

This is possible if it is provided for by the regulation on bonuses.

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Saybotalov Vadim Vladimirovich 14.06.2019 20:10

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Fedorova Lyubov Petrovna 15.06.2019 08:50

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wage

Are managers or founders required to receive salaries? If yes, what is its minimum?

Victor 03/29/2019 12:11

Public organization

Good afternoon. A regional society of beekeepers is being created. There are five main founders of the society. The rest of the participants are simply members of this society. Is such a society really social or are we ordinary people just being led by the nose. Victor

Victor 08.12.2018 13:15

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Dubrovina Svetlana Borisovna 08.12.2018 13:21

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Zakharova Elena Alexandrovna 09.12.2018 11:00

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legal basis for the activities of a public organization

Catherine 20.11.2018 23:11

Hello! The activities of unions of public associations are regulated by the provisions of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations" and the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations". The subject of regulation of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations" (hereinafter - Law No. 82-FZ) are public relations arising in connection with the exercise by citizens of the right to association, creation, activity, reorganization and (or) liquidation of public associations. Foreign citizens and stateless persons have equal rights with citizens of the Russian Federation in the sphere of relations regulated by Law No. 82-FZ, with the exception of cases established by federal laws or international treaties of the Russian Federation. Law No. 82-FZ applies to all public associations created on the initiative of citizens, with the exception of religious organizations, as well as commercial organizations and non-profit unions (associations) created by them. In accordance with Article 3 of Law No. 82-FZ, citizens have the right to create public associations of their choice without prior permission from state authorities and local governments, as well as the right to join such public associations.

Predtechensky Andrey 21.11.2018 10:51

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I fully agree with my colleague.

Shafir Mikhail Semenovich 22.11.2018 16:22

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You will also find the following articles helpful

The idea of ​​creating a civil society arose in ancient times. The ancient Greek philosopher Plato (427-347) wrote about the principles of a harmonious structure of society, Aristotle (384-322) about the status of a person and citizen, about the role of property in maintaining the stability of public and state institutions, Cicero (106-43) about the state as a common cause of the people , on the role of civic obligations and the law.

A lot of time has passed since the emergence of the first public organizations, and it is important to note that their activities and influence have since grown to a global scale. Today, in world practice, they play a huge role in solving social and other issues on a planetary scale. They are the link between the state and individual citizens. They actively participate in the formation and self-organization of civil society.

The activities of public organizations are usually attributed to the so-called "third sector", since it is believed that democratic societies are divided into three sectors:

• state;
• market;
• non-commercial.

"Civil Society": Basic Concepts

There are many definitions of the term "civil society". There are four main ideological and political doctrines of civil society:

• the doctrine of "state-bureaucratic socialism" - civil society is understood as an integral part of the system (an example is the situation of trade unions in the USSR);
• the doctrine of "state capitalism" - civil society is considered as a sphere of private business, family and kinship and other non-state relations, which together form the socio-economic base of the capitalist state; in this case, civil society is not actually a subject of politics;
• the doctrine of "liberal democracy" - civil society is presented, first of all, as an "economic society", in which the state is limited in its ability to regulate economic life and is controlled by public associations and movements;
• the doctrine of "democratic socialism" - here civil society is a set of socio-political organizations and institutions that, along with a democratic state, form the basis of social (economic, political, etc.) democracy.

Destructive public organizations: "non-civil society"

Destructive social formations arise in the life of any society. So, for example, for the political community, these are illegal, terrorist organizations; for the economic - the mafia and criminal gangs; for the NGO community - totalitarian religious sects, etc.

Destructive public organizations as a type of non-profit organizations can be classified as "non-civil society". A non-civil society is understood as a set of associations of people who do not respect and do not comply with the laws of the state.

As the expert of the Parliamentary Assembly of the Union of Belarus and Russia Yu. Toma notes, “on the initiative of the West, in the post-Soviet space and in Russia itself, a sufficient effective system of non-governmental structures was created and then developed. According to former US Secretary of State M. Albright, there are about 37,000 public and political organizations, informational and analytical structures. Today, their tasks are to contribute to the destruction of the cultural and historical identity and self-identification of the country's population, to counteract the formation and development of Russian statehood, and to prevent the strengthening of Russia's influence in the regions of the near abroad.

Therefore, the existence of a reliable social organization of Russian civil society is impossible without pro-Russian, active and viable public associations.

Public associations: terminology

The term "public association", which is used by Russian constitutional law, corresponds to the concept of "association" in the constitutional law of foreign states.

In the Western world, public associations are referred to as non-governmental organizations, which are called NGO for short - non-governmental organizations. In Russia, the term non-governmental organizations (NGOs) is not widely used and has not entered into legislative practice. Basically, this term is used by public associations of Western origin dealing with human rights and the environment. In the domestic lexicon, it is customary to call voluntary unions of citizens public or non-profit organizations (NPOs).

Constitutional foundations for the activities of public associations in the Russian Federation

The legal basis for the formation and activities of public associations is the right to association guaranteed by the Constitution of the Russian Federation, including the right to form trade unions to protect one's interests (Article 30). The Constitution establishes the basic principles of the formation and activities of public associations: voluntariness - no one can be forced to join or stay in any association; freedom of activity; equality of public associations before the law (Articles 13, 30).

The Constitution prohibits the creation and activities of public associations whose goals and actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred (Article 13, Part 5).

All public associations are equal before the law. They are free to determine their internal structure, goals, forms and methods of their activities. This activity must be public. Interference in it by state authorities and officials is not allowed, as well as the interference of public associations in the activities of state bodies.

At the same time, as the encyclopedic dictionary “The Constitution of the Russian Federation” notes, “unification in one legislative concept and conferring a similar legal status on such diverse public associations as parties (actively participating in the political process and the struggle for power) are hardly justified, on the one hand, and various kinds of sports, technical and other similar public associations - on the other.

NON-PROFIT ORGANIZATIONS IN THE RUSSIAN FEDERATION: LEGISLATIVE REGULATION AND PRACTICE

The emergence of Russian public associations as a form of emerging civil society was accompanied by a process of changing the political structure of the country. The beginning of the 1990s was marked by the rapid growth of public organizations in Russia. Citizens began to create sports, cultural, social, educational, trade union and other public organizations. So, by the beginning of 2002, about 200,000 public organizations had already been registered in Russia. Thanks to this, in terms of the number of public associations per one million inhabitants, Russia, in comparison with other countries, has taken far from the last place.

Three basic concepts are used in Russian legislation: "non-profit organization", "public association", "non-governmental organization".

The concept of "non-profit organization" (hereinafter referred to as NPO) is the basic one. Legally, non-profit organizations include such organizations that do not have profit making as the main goal of their activities and do not distribute the profits received among the participants.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of a common interest to achieve common goals.

The concept of "foreign non-profit non-governmental organization" in Russian legislation is used in relation to non-profit organizations established outside of Russia in accordance with the laws of a foreign state, the founders (participants) of which are not state bodies. Foreign NCOs can operate in Russia through their structural subdivisions (departments, affiliates, representative offices).

Legislative regulation of NGOs

The activities of non-profit organizations are regulated by a number of federal legal acts. The main ones are:

• Civil Code of the Russian Federation, part one (establishes general legal regulation of the status of all legal entities, including non-profit organizations);
• Law on Public Associations;
• Law "On non-commercial organizations".

In the field of regulation of various organizational and legal forms of NCOs, the following laws apply: "On Autonomous Institutions", "On Non-State Pension Funds", "On National-Cultural Autonomy", "On Charitable Activities and Charitable Organizations"; Decree of the Government of the Russian Federation "On approval of the regulation on the procedure for the establishment and conditions for the operation of foreign cultural and information centers on the territory of the Russian Federation".

It should also be noted the law "On the procedure for the formation and use of target capital of non-profit organizations." The law created the prerequisites for the development in Russia of the institute of endowment - a source of non-state funding for NGOs.

Legal restrictions and liability of non-profit organizations

Limitations, duties and responsibilities of non-profit organizations are related to such issues as registration of NPOs and their reporting, compliance of NPO activities with current legislation and stated goals, spending of financial resources.

Structural divisions of foreign NPOs may be denied entry into the register if their goals and objectives pose a threat to the sovereignty, political independence, integrity, national unity and identity, cultural heritage and national interests of Russia. It is not allowed to create and operate branches of foreign NGOs, international organizations on the territory of a closed administrative-territorial entity.

A branch of a foreign NCO may be liquidated if the relevant foreign NCO is liquidated; failure to provide information about their programs, receipt and expenditure of funds and property; if its activities do not correspond to the goals provided for by the constituent documents.

The foundation may be liquidated if the assets of the foundation are not sufficient to fulfill its goals; if the goals of the fund cannot be achieved and the necessary changes to the goals of the fund cannot be made; in case of deviation of the fund in its activities from the statutory goals.

Registration of a public association may be denied if its charter contradicts the Constitution and legislation of the Russian Federation; if the documents required for registration are not presented in full, are drawn up in the wrong order or contain inaccurate information. The organization can appeal against the refusal to register in court or re-apply for registration after finalizing the documents.

According to the law "On Counteracting Extremist Activities", the activities of public and religious associations, NPOs, whose activities are recognized as extremist, are prohibited.

Public associations are obliged: to publish annually a report on the use of their property; inform the registration authority about the continuation of its activities or changes in the statutory goals; submit reports on their activities to the authorized bodies; assist representatives of the registration authority in getting acquainted with the activities of the association.

Also, public associations are obliged to inform the state registration authority about the amount of financial resources received from abroad, the purpose of their use and actual spending. Repeated violation of this requirement serves as the basis for the registration body to apply to the court with an application to recognize the public association as having ceased its activities and to exclude it from the unified state register of legal entities.

Registration authorities have the right to check the compliance of the activities of a public association with its statutory goals (not more than once a year). And in case of detection of violations - issue a written warning to the governing bodies of the association indicating the deadline for eliminating the violation. Failure to eliminate the violation within the prescribed period serves as a basis for suspension of the activity of the public association.

Discussions and changes in the legislation on NGOs in recent years

Within the framework of the strategy of “global soft governance of the world”, control over NPOs occupies an important place along with the impact on national government structures and directly on decision makers.

The most acute issue of the improper activities of some NGOs was raised in the Address of the President of Russia V.V. Putin to the Federal Assembly in 2004: “Thousands of civil associations and unions exist and work constructively in our country. But not all of them are focused on upholding the real interests of people. For some of these organizations, the priority task has become to receive funding from influential foreign foundations, for others - to serve dubious group and commercial interests, while the most acute problems of the country and its citizens remain unnoticed.

In May 2005, at the “Government Hour” in the State Duma, FSB Director N.P. Patrushev proposed to strengthen the legal regulation of the activities of NGOs: "The imperfection of the legislative framework and effective state control mechanisms create the basis for conducting intelligence actions under the guise of charitable and other activities." The need for legislative streamlining of the activities of NPOs was also justified by: non-transparent financing of NPOs and spending by them of the funds they receive; use of NGOs for legalization of income and tax evasion; attempts of foreign policy influence on the internal situation in Russia through NGOs; their role in the "color revolutions" in the CIS countries; fight against extremism and terrorism.

In 2005-2006, a number of amendments were made to the legislation on NCOs (laws “On non-commercial organizations”, “On public associations”, “On a closed administrative-territorial entity”). The main changes are presented in the comparative table.

BEFORE CHANGES	AFTER CHANGES
NGO REGISTRATION
5 grounds for refusal to register a public association have been determined.	6 grounds for refusal to register a public association have been determined.
The law "On non-commercial organizations" did not stipulate that it determines the activities of branches of foreign NGOs.	The Law on Non-Commercial Organizations governs the activities of branches of foreign NGOs.
The requirements for registering a branch of a foreign NPO were not described in detail.	The requirements for registration of a branch of a foreign NPO, the grounds for refusal to register it, have been clarified.
Requirements for the founders of public associations have been established.	Restrictions for founders of public associations, including for foreign citizens, have been expanded.
The concept of "foreign non-governmental non-profit organization" is not defined.	Definitions of a foreign non-governmental non-profit organization and its structural subdivision are given.
RESTRICTIONS ON THE ACTIVITIES OF NPOS AND GROUNDS FOR THEIR LIQUIDATION
Establishment and operation of branches of foreign NPOs on the territory of ZATOs is not prohibited.	It is forbidden to establish and operate branches of foreign NGOs on the territory of ZATOs.
There are no restrictions on spending NPO funds.	— the authorized body may prohibit a foreign NCO from sending funds to certain recipients on the territory of Russia; - Legislation may establish restrictions for NGOs to make donations to political parties and their branches, to election funds and referendum funds.
5 grounds for the liquidation of a public association have been identified.	The number of grounds for the liquidation of a public association has been expanded, including for failure to eliminate in time the violations that served as the basis for the suspension of the association's activities.
NGO REPORTING
Registration authorities, checking the compliance of the activities of NPOs with the stated goals, may request administrative documents, send their representatives to participate in NPO events.	The powers of registration authorities have been expanded. They can conduct audits of spending finances, request information from other supervisory and control bodies.
The procedure for the provision of financial statements by public associations is not defined; activity report is provided to registration authorities upon their request.	It has been established that public associations must submit reports on their activities, on sources of funding and on the expenditure of funds, on the use of property.
Failure to provide information about changes in the position of an NPO, entailing changes in its statutory documents, is the basis for the liquidation of an NPO by a court decision.	The list of information to be submitted by NGOs has been expanded.

Also in December 2006, amendments were made to the law "On political parties" to prohibit NGOs from sponsoring parties from funds received from such Russian legal entities, in which the share of state, municipal or foreign participation in the authorized (share) capital exceeds 30% on day of transfer of funds.

The main claims from international institutions and public figures to the legislation and practice of NGOs in Russia

Changes in Russian legislation on NGOs in 2005-2006 caused a number of claims from the Council of Europe, PACE, the European Parliament, the US Congress. The following claims were made: problems in registering NGOs and preparing reports; high probability of abuse by supervisory authorities; restrictions for foreign NGOs in comparison with Russian ones.

Representatives of NGOs identify 5 most common problems:

• insufficiently substantiated refusal to register NCOs, subjective interpretation of the law and its selective application. A stricter registration procedure requires the involvement of lawyers specializing in the field of legislation on NGOs to draw up a package of documents. The financial costs of registering an NPO have increased (state duty, payment for specialist services);
• lengthy bureaucratic procedures when registering changes in the statutory documents of NCOs;
• issuance by the Rosregistration structures of unreasonable warnings to NGOs on grounds that were previously interpreted as technical errors and did not entail sanctions. This often entails inspections of NPOs by authorized state bodies (lasting up to 30 days), including unscheduled ones that hinder the work of NPOs;
• new reporting requirements that a significant number of NGOs (especially small ones that do not have their own lawyers, accountants) find it difficult to comply;
• exclusion of NCOs from the register of legal entities.

Several high-profile cases can be noted when NGOs (including structural subdivisions of foreign and international organizations) got into conflict situations.

On July 4, 2007, the Educated Media Foundation announced its self-liquidation. In January 2007, General Director of the Fund M. Aslamazyan was detained while importing an undeclared amount of 9.5 thousand euros into Russia. The Educated Media Foundation was the legal successor of the Internews organization, which was a member of the international association Internews International.

In January 2006, Rosregistration filed a lawsuit to terminate the activities of the Russian public organization Union of Committees of Soldiers' Mothers (the organization did not provide timely reports on its activities). The claim was subsequently withdrawn.

In 2006, the International Society "Memorial" was issued a warning by the Federal Registration Service for violating the law (inconsistency of the organization's activities with the statutory goals). Subsequently, the warning was declared unfounded by the Tverskoy District Court of Moscow.

In December 2007, Rosregistration filed a lawsuit to liquidate the Samara regional branch of the association for the protection of voters' rights "Voice". The pretext was a violation by the organization of the reporting rules. Based on the results of inspections of the statutory activities of the Samara branch of the NGO Golos, its work was suspended. The Samara Regional Court refused Rosregistration to liquidate the branch of the NPO, this decision was confirmed by the Supreme Court of the Russian Federation.

In December 2007, the Russian Ministry of Foreign Affairs announced the suspension from January 1, 2008 of the activities of the regional branches of the British Council, with the exception of the Moscow office. The reason for the termination of the activities of the branches of the British Council was the lack of the necessary regulatory and legal framework for the work of the organization in Russia.

It should be taken into account that after the introduction of amendments to the basic laws on NGOs in 2006, the majority of large non-profit organizations operating in Russia successfully re-registered.

As of August 01, 2007, 218,730 non-profit organizations were registered with the Federal Registration Service and its territorial bodies.

For 7 months of 2007, the territorial bodies of Rosregistration adopted 37,560 decisions on state registration of non-profit organizations (in 2006 - about 32,000), 6,845 decisions on refusal of state registration (15.4% of the total number of decisions on state registration).

The possibility of simplifying the legislation on NGOs was considered by the Human Rights Council under the President of the Russian Federation, the Public Chamber, and the Ministry of Justice. In 2007, the Ministry of Economic Development and the Ministry of Finance prepared a draft law providing for tax incentives for NGOs engaged in charity work and providing social services.

Improving the activities of non-profit organizations in Russia

Non-profit organizations are considered as the most important element of civil society. V.V. Putin, while serving as President of the Russian Federation, noted that non-profit organizations "could become good, really indispensable partners of the state in solving the most pressing problems, such as the fight against AIDS, drug addiction, homelessness, assistance in the social rehabilitation of disabled people, and the development of territorial self-government."

At the same time, according to a number of estimates, out of more than 300,000 registered non-profit organizations, less than 50,000 are actively operating.

In 2006, the Public Chamber of the Russian Federation began its work. There are regional public chambers, the Council under the President of the Russian Federation to promote the development of civil society institutions and human rights. On December 12, 2007, the founding congress of the human rights movement "Man and Law", organized with the participation of the Public Chamber of the Russian Federation, took place. The movement is conceived as an all-Russian network structure with branches in each municipality.

The 2007 federal budget provided for the allocation of state grants to support NGOs participating in the development of civil society institutions in the amount of 1.25 billion rubles. In 2008, 1.5 billion rubles were already allocated for these purposes.

The main areas of grant allocation are: sociological research and monitoring of the state of civil society (60 million rubles); humanitarian projects in the field of culture, art, education and public diplomacy (270 million rubles); human rights activities (about 136 million rubles); promotion of a healthy lifestyle (150 million rubles); social services for low-income citizens (400 million rubles); support for youth projects (230 million rubles).

In January 2008, branches of the Russian Institute for Democracy and Cooperation, which has the status of a non-profit organization, opened in Paris and New York. Its main task is to study the state of civil society, the electoral process, the situation with human rights and migration in the US and Europe.

Despite the measures taken, there remains an urgent need to improve law enforcement in relation to NPOs, correct legislation (primarily by-laws), financial and institutional support for NPOs from the state, and tax incentives. The possibility of improving the legislation on NGOs was considered by the Human Rights Council under the President of the Russian Federation, the Public Chamber, the Ministry of Justice, the Ministry of Economic Development and Trade.

WITH THE RIGHT TO PROTECTION

Dmitry Medvedev raised the issue of new legislation in the field of NGOs

Vladimir Kuzmin

Yesterday, President Dmitry Medvedev tried to establish a dialogue between the government and non-governmental organizations. Inviting a group of human rights activists to the Kremlin, the head of state suggested finding common directions for fruitful work.

Meetings of the Council for the Promotion of the Development of Civil Society Institutions and Human Rights have always been a difficult event for government officials. No matter how hard the state tries, no matter what signals it gives, representatives of non-governmental organizations have always found and will find negative aspects in the life of the country, which in fact is part of their duties.

The state, on the other hand, from human rights activists would like not so much complaisance and understanding as help. In any case, it was in this vein that Dmitry Medvedev tried yesterday to build a dialogue with the members of the renewed Council, offering a huge field for joint work. The president will now work jointly, for example, with such figures as the well-known TV presenter Svetlana Sorokina, Irina Yasina, who once headed the Open Russia Foundation established by Yukos, liberal political scientist Dmitry Oreshkin, and well-known human rights specialist Valentin Gefter.

At the same time, the president made it clear that the state does not intend only to ask non-profit organizations, but is ready to give them something in return. Medvedev himself raised the topic of legislation in the field of NGOs, which is criticized in every possible way by human rights activists. “I think you have questions about this legislation,” he said. “It is clearly not perfect, despite the fact that we have spent quite a lot of time perfecting it over the past years. I think that some changes in it are possible, and some are even necessary.

Dmitry Medvedev also understands how difficult it is for NGOs to work in the light of the barriers that officials often put up. And they do this, the head of state is sure, only because they see human rights activists as a threat to their undivided rule.

Meanwhile, the state, in any case, according to the president, sees non-governmental organizations for itself not as an enemy, but as a partner, but it is far from ready to consider everyone as partners. “You need to understand one simple thing – the state itself should deal with the protection of rights, the people who want to do this should deal with the protection of rights,” Medvedev said. “Thus, as a result of joint activities, it may be possible to achieve better results.”

By tradition, it fell to Ella Pamfilova, Chairwoman of the Council, to set the tone for further conversation. “We prepared this meeting thoroughly,” she smiled, although the stack of papers shown to the president looked menacing.

Pamfilova encouraged the president: NGOs are really ready to take on many problems, they are ready to monitor human rights. But for human rights defenders, it seems, one question remains unanswered: do they need it in the legislative conditions in which they have to exist? Again, the legislation on NGOs, which is constantly criticized by human rights activists, has come under criticism. “Even the goal set by the legislators — and many set the goal of putting non-governmental organizations under control — turned out to be unfulfilled,” Pamfilova noted calmly, although she could have said it triumphantly to the delight of her colleagues.

“In Russia, bad laws are saved by their non-enforcement,” she said. This is bad, but many organizations chose to follow this path - they did not register and work semi-legally. Ultimately, the new legislation created distrust between human rights activists and the state.

“We are raising the issue of creating a different legal framework for NGOs, which would be based not on suspicion, but on trust,” Pamfilova concluded.

This was a kind of signal for action, after which the members of the Council began to systematically and clearly convey to the president the idea of ​​why it is necessary to correct the state's strategy in relation to society and non-profit organizations.

After many years, first, the complete absence of such a strategy, and then the equal dialogue proclaimed in 2001, in 2004, a consistent state line was replaced by a consistent state line, to which many human rights activists were not at heart. It continued until 2008. “This is a strategy of state domination and embedding civil society in the socio-political system,” said Alexander Auzan, president of the Association of Independent Centers for Economic Analysis. Two milestones of this strategy are the creation of the Public Chamber as the only channel of communication between the state and society and the 2006 amendments to the legislation on NGOs, which Auzan directly called repressive in relation to the non-profit sector.

There is an explanation in the human rights environment why such a policy has freely received the right to exist. “Practically, the basis was an unspoken social contract: the loyalty of the population in exchange for economic benefits for this population,” Auzan explained. This thesis was voiced in the presence of Vladislav Surkov, First Deputy Head of the Presidential Administration, who earlier at one of the meetings with experts from the Strategy 2020 club warned that it was not entirely ethical to compare the Russian nation with the most despicable biblical character Esau, who renounced his birthright for lentil stew .

Today, in the wake of the crisis, Auzan believes, it is high time for the state to think about changing its strategy. First of all, because there was an expansion of state functions, but high efficiency of execution is not observed. In such a situation, part of the functions, and hence the responsibility, could be assumed by self-organized groups of citizens. This is the first of three changes to the government's civil society strategy that Auzan proposed to the president. The authorities must support self-organization in society, which means that it is necessary to correct the mistakes of 2006 regarding reporting, registration and inspections of NGOs.

Rector of the Higher School of Economics Yaroslav Kuzminov undertook to explain the senselessness of the huge paperwork. He stressed that many non-profit organizations are completely insignificant in number, and red tape with reporting only slows down their activities. And Alexander Auzan believes that the state should support the system of public control and monitoring, the procedures of which are largely created, but require the adoption of regulatory and budgetary decisions. The main thing is that some decisions should be made based on the results of this control. And the third task is the development of civic participation in various spheres of life.

- As a result, it seems to me that in this case we would work not only on the problem of the crisis, but on the future of Russia, because we are talking about value shifts, that if the state pays more attention to openness, provide more space for freedom, and if the values ​​of solidarity, mutual assistance, and justice are stronger in society, then we have better conditions for entering modernization,” Alexander Auzan concluded.

Yaroslav Kuzminov supplemented his colleague's strategic reflections with specific legislative proposals to weaken control over NGOs, which would actually equate non-governmental organizations with small businesses. “Firstly, NGOs in their field of activity should receive the same rights and benefits in public procurement and municipal procurement as small businesses,” the HSE rector said.

The second proposal concerns the protection of property rights of NGOs. Over the past 10 years, Kuzminov noted, many regional public organizations have been evicted from rented premises from the city center to the outskirts, which naturally affects their work. And finally, the Council asked the President to create a light regimen for small daily charity.

There were many problems voiced by members of the Council to the President, but none of them became news. Many issues are discussed at meetings from time to time. Like, for example, corruption that permeates society from top to bottom and has settled in most areas of life. “This, on the part of responsible persons, is probably the core on which arbitrariness and violations of the rights of citizens are strung in any area - from the environment, egregious facts of violence against children to the restriction of political and civil rights,” emphasized Council Chair Ella Pamfilova.

The fight against corruption in conditions of total distrust of everyone and everything can become effective only with broad civil control. “As part of this crisis of confidence, a kind of new Byzantium is being created, when real things are replaced with completely new meanings, and those things that we need for a real fight against corruption, for a real establishment of civil control, such as transparency, accountability, decency, are replaced by some completely other meanings,” said Elena Panfilova, director of the Center for Anti-Corruption Research and Initiatives at Transparency International Russia. And citizens do not understand when it comes to civil society, and when it is about civil control. Even in the new anti-corruption legislation, the idea of ​​public and civil control, she noted, is mentioned more than once, but nothing specific is said about it.

The most interesting thing, Panfilova noted, is that all specific examples of corruption are mostly on the surface, you just need to go on the Internet and read the blogs of ordinary people. And in this regard, civilian control as an observation is fully working for itself. But control as supervision and verification is not. “As for accountability – this is exactly what we are talking about when we use the word “civilian control” – I think we need to take it very seriously and put it on a completely new track,” she said.

Human rights activists are well aware that the main opponents of civilian control were, are and will be corrupt officials, and today many seek power not to work for the good of the country and society, but to be closer to the sources of illegal enrichment.

“The so-called Russian elite, it is necessary, probably, to grow a new one,” Ella Pamfilova sighed doomedly at the beginning of the meeting. If it exists, the Chairman of the Council emphasized, then it should set an example of focus on success, on the humanization of society, on the legal foundations of the state, on social justice, on the correspondence of words to real deeds.

In this sense, open declarations of income and property of the Russian ruling elite are a step in the right direction, but in the human rights community it is considered insignificant, because there is no civil control over the reliability of the data provided. “It is also important where this property is located, in the country or abroad,” Pamfilova pointed out. - And more importantly, where do the children of our elite study and work, and do they go to serve in the Russian army, by analogy with the grandchildren of the English queen, and are they ready to connect their future with Russia at all, are they going to put down their roots here or are they still in London and elsewhere.

“These are the key problems, without which it is impossible to create a system of mutual trust between society and people who determine our destiny,” she concluded her emotional speech.

Having accepted Dmitry Medvedev's proposal to discuss a wide range of issues, the members of the Council did not let the head of state go for a long time. Tamara Morshchakova, adviser to the Chairman of the Constitutional Court, naturally raised the problem of the imperfection of the judicial system. Member of the coordinating council of the Union of Soldiers' Mothers Ida Kuklina - issues of military reform and the state of the army. Chairman of the Moscow Helsinki Group Lyudmila Alekseeva complained about the virtual absence of the constitutional right of citizens to meetings, rallies and marches, and Svetlana Sorokina spoke out in defense of children. Irina Yasina preferred to speak impromptu about the humanization of Russian society as a whole and separately asked for the fate of the spouses Natalia Morar and Ilya Barabanov, who, it seems to her, are separated, including through the fault of our country.

FORMS OF NON-PROFIT ORGANIZATIONS IN THE RUSSIAN FEDERATION

In accordance with the law "On non-profit organizations", the following organizational and legal forms of non-profit organizations are established.

Branch of a foreign non-profit non-governmental organization (structural subdivision).

Public and religious organizations (associations)- voluntary associations of citizens, united in the manner prescribed by law on the basis of their common interests to satisfy spiritual or other non-material needs. Public associations also include professional and creative associations, chambers of commerce and industry.

Communities of Indigenous Peoples of the Russian Federation- forms of self-organization of persons belonging to the indigenous peoples of the Russian Federation and united according to consanguinity or territorial-neighborly principles. The purpose of creating a community is to protect the original habitat, preserve and develop the traditional way of life, management, crafts and culture of small peoples.

Fund— non-membership non-profit organization established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful goals.

State Corporation- a non-profit organization without membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions.

Non-commercial partnership- a non-profit organization based on membership, established by citizens and (or) legal entities to assist its members in carrying out activities aimed at achieving socially useful goals.

institution- a non-profit organization created by the owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-profit nature (for example, a charitable institution, an educational institution). Institutions are divided into private and state (municipal), while the latter can be of two types - budgetary and autonomous.

Autonomous institution- a non-profit organization established by the Russian Federation, a constituent entity of the Federation or a municipality. Its purpose is the performance of works, the provision of services in order to exercise the powers of state authorities and local self-government in the fields of science, education, healthcare, culture, social protection, employment, physical culture and sports.

Autonomous non-profit organization- a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions. Its purpose is to provide services in the field of education, health care, culture, science, law, physical culture (for example, a non-state university, a sports club, a medical and health institution).

Associations of legal entities(associations and unions) - voluntary associations of commercial and non-profit organizations in order to coordinate their activities, represent and protect common property interests.

ABOUT THE LEGISLATION OF RUSSIA, THE USA, FRANCE, FINLAND, ISRAEL AND POLAND, REGULATING ACTIVITIES

NON-GOVERNMENTAL ORGANIZATIONS (NGOs)

A country	Russia	France	USA	Finland	Israel	Poland
Question
NGO mode	According to the law "On Non-Commercial Organizations", foreign NGOs in Russia enjoy a regime different from the national one. A foreign NGO is defined as “an organization that does not have profit-making as the main goal of its activities and does not distribute the profits received among its participants, established outside the territory of the Russian Federation in accordance with the legislation of a foreign state, the founders (participants) of which are not state bodies.”		In the United States, there is a single model NGO charter at the federal level. The bulk of the legal regulation is contained in the legislation of the states. An example here is the New York State law, which treats foreign NGOs differently from national ones. A foreign NGO is defined as a "corporation" organized under laws other than the laws of the State of New York and which otherwise falls under the definition of a national corporation under the laws of that state.	Foreign NGOs are given national treatment.	Foreign NGOs are given national treatment.	Foreign NGOs are given national treatment.
Participation of foreign citizens in NGOs	Foreign citizens and stateless persons legally residing in Russia have the right to be founders and members of an NGO. However, NGO founders cannot be foreign citizens suspected of extremist activities or legalization of proceeds from crime, etc.	Foreign citizens, on an equal footing with French citizens, can be founders and members of NGOs.	New York State law allows foreign citizens to participate in NGOs without any restrictions. Under the US Foreign Agents Act, foreign-led NGOs that engage in political activities go through a special registration process with the State Attorney General.	If the purpose of an NGO is to carry out activities related to public affairs, then only Finnish citizens or foreigners permanently residing in Finland can be members. The head of the NGO must permanently reside in Finland.	Israeli law does not differ in terms of the possibility of the formation of an NGO by foreign citizens and citizens of Israel.	Foreign citizens, on an equal footing with Polish citizens, can be founders and members of NGOs.
Registration procedure	Permissive order. The collection of state duties.	Notice order. No prior authorization is required to establish an NGO. Registration is carried out without charging a state fee.	Strict permitting procedure for the activities of foreign NGOs in the state.	Notification procedure for registration. Finnish law does not contain provisions for the collection of stamp duty.	Notification procedure for registration. Israeli law does not contain provisions on the collection of state. duties.	Notification procedure for registration of foreign NGOs.
Documents required for registration	To register a foreign NGO, the following is required: - an application signed by an authorized person, indicating his last name, first name, patronymic, place of residence and contact numbers; — constituent documents of a non-profit organization in triplicate; — a decision on the establishment of a non-profit organization and on the approval of its constituent documents, indicating the composition of the elected bodies in two copies; - information about the founders in two copies; - a document confirming the payment of the state fee; — the address of the permanent body of the NGO; - when using in the name of a non-profit organization symbols protected by laws on the protection of intellectual property, documents confirming the authority to use them; — an extract from the register of foreign legal entities of the respective country of origin.	Registration requires an application stating: - Name; - place of residence; – names, professions, citizenship of the founders; Notarization of documents is not required. Documents are submitted to the prefecture of the relevant department.	For national NGOs, the main condition for activity is obtaining a registration certificate from the state administration, which is issued on the basis of an application. The application contains general information about the activities of the NGO (address, name, purpose of activity, etc.). It is also necessary to obtain permission from the relevant state. body depending on the area of ​​activity of the NGO (eg education, health, etc.). Additional conditions for registration are established for foreign NGOs. In the application for registration, they must indicate: - Name; - place and date of registration; - information that the "corporation" is foreign; — the purpose of the activity, a statement that the activity is permitted; - information about the appointment of the secretary of state as his agent; - a certificate that the "corporation" really exists; - information on the fulfillment of any conditions required by any state. state authority.	An application is required to register an NGO. The application must contain: — the name of the NGO; - the names of the founders. The charter of association is attached to the application. Notarization of documents is not required. The application is submitted to the Finnish National Board of Patents and Registrations.	The list of documents required for registration of a foreign NGO is reduced to an application to the registration authority. The appeal must include: - name of company; - address in Israel; — names of founders, their addresses and identification numbers. Notarization of registration documents is not required.	The "declaration of will" for registration should contain general information about the NGO. Notarization is required.
Grounds for refusal of registration	The following grounds for refusal of registration are provided: — Contradiction of constituent documents of NGOs to the Constitution and other laws of Russia; — presence of another NGO with the same name; - the name of an NGO that offends morality, national and religious feelings of citizens; – if the documents required for registration do not comply with the requirements of the law; — if the founder of the NGO is not such in accordance with the law. State registration of a branch of a foreign NGO may also be denied on the following grounds: - if the goals of creating an NGO branch pose a threat to the sovereignty, political independence of Russia; — if a branch of a foreign NGO previously registered in Russia was liquidated due to a gross violation of the Constitution and other laws of Russia.	Registration may be refused if the organization is founded for illegal purposes. In their meaning, the grounds for refusal to register are similar to the grounds provided for by Russian law.	The grounds for refusal of registration are broadly similar to the grounds established in Russian law. Registration may be refused if the NGO is established for criminal purposes or if false documents were provided during registration.	The grounds for refusing to register an NGO generally coincide in their meaning with the grounds provided for by Russian legislation.	The grounds for refusal of registration are basically the same as those under Russian law. There is also such a basis as the name of the organization, which is detrimental to popular feelings.	The grounds for refusal of registration are similar to the grounds under Russian law.
Procedure for financial control	The main form of financial control is the provision of financial reports to NGOs to tax and statistical authorities. The authorized body is also entitled to: — request financial documents from the NGO management bodies; — to send their representatives to participate in events held by NGOs; — annually conduct inspections of the expenditure of funds and other property of NGOs; - to issue written warnings in cases of violation of the laws of Russia or the commission of actions by an NGO that do not comply with its charter.	The main form of financial reporting is the submission to the central authority in the department of the annual financial report. NGOs must include in their statutes provisions that they undertake to produce accounting records at any request of the Minister of the Interior or the central authority in the department.	Financial control is carried out in accordance with the general procedure provided for all legal entities. The state attorney general may order the director and employees of a liquidated "corporation" to testify on the corporation's assets. Foreign NGOs may be subject to scrutiny by the State Attorney General.	Financial control over the activities of NGOs is carried out on the general basis provided for all legal entities in Finland. External financial audit is not provided.	Control over the financial activities of NGOs is carried out by external auditors. Financial information can be requested from an NGO at any time. Any financial decision concerning an NGO can be challenged in court. Moreover, the registration authority may conduct inspections of the NGO's financial activities.	NGOs, including foreign ones, are subject to financial audit in connection with the receipt of large subsidies (over 16 thousand US dollars) or in cases where their annual income exceeds 1 million US dollars. There is no mandatory external audit.
Grounds and order liquidation	The court and the registration authority have the right to decide on the liquidation of an NGO. A claim to the judicial authority is filed by the prosecutor in accordance with the law "On the Prosecutor's Office". The grounds for the forced liquidation of a foreign NGO are: — liquidation of the relevant foreign NGO; - Refusal to provide information necessary to exercise financial control over NGOs; — violation of Russian legislation by NGOs; inconsistency of NGO activity with its statutory goals.	The liquidation of an NGO is carried out only on the basis of a court decision. Proceedings in court may begin at the initiative of an interested person or at the request of a prosecutor. The court may decide to liquidate an NGO if the latter is involved in civil legal relations without notifying the registration authorities of the start of its activities. The decision of the court can be appealed. For failure to comply with the court decision on liquidation, criminal liability is provided (imprisonment for up to 3 years and / or a fine of 45 thousand euros).	The liquidation of NGOs is carried out by a court decision on the proposal of the State Attorney General. The grounds for liquidation are: — creation of an NGO by providing false information; — conducting activities by deception or violation of the law; — activities that go beyond the charter of the NGO; - Violation of state policy. The Attorney General has a fairly wide range of powers in relation to NGOs. In particular, he can initiate a lawsuit in court to dismiss the head of an NGO.	The liquidation of an NGO is carried out only by the court on the basis of a claim by the Ministry of Internal Affairs, the Prosecutor's Office or a member of the NGO. The grounds for the forced termination of an organization's activities are generally similar to the grounds provided for by Russian law.	The liquidation of an NGO is carried out only by a court decision on the proposal of the Prosecutor General. Moreover, such a submission to the court can be made only after the NGO has ignored the warning issued by the registration authority. The grounds for liquidation are similar in meaning to those in Russia, but an NGO, on the recommendation of the person who conducted the investigation, can also be liquidated by a court decision for debts.	The liquidation of an NGO is carried out by a court decision. The grounds for the liquidation of an NGO under Polish law do not differ significantly from the corresponding provisions of Russian laws.

NON-PROFIT ORGANIZATIONS: AWARENESS AND ATTITUDE

The phrase "non-profit organizations" seems to be gradually disappearing from the everyday vocabulary of Russians and from the media. Over the past six years, the proportion of respondents who heard this phrase for the first time from an interviewer has increased (35% versus 26% in 2001). The share of those who “heard something” about non-profit organizations, on the contrary, decreased during this time (35% versus 42%). This phrase is familiar today only to 20% of Russians (it used to be 21%).

Respondents were asked how they understand the expression “non-profit organization”, what they think it means (the question was asked in an open form; 46% of respondents answered it).

Like six years ago, many associate this concept with state and municipal structures (24%): “an organization subsidized by the local or state budget”; “not a private, but a state enterprise”; "it is an organization in which 51% of the state shares." They said that this is an organization that does not aim to make a profit or is not engaged in commerce, business, trade - 10% of respondents (“an organization that does not work for commercial gain”; “does not engage in sales, purchases”; “does not produce anything and do not sell). It was assumed that this is not a state, but a private organization, 2% of respondents. Some (2%) stated that it is an unregistered or simply criminal organization: “it is an organization that does not have a license and does not pay taxes”; “an underground organization, someone flogs the gag, sells burnt vodka, for example”; "Illegal logging is a non-profit organization."

About 9% of respondents correlated this phrase with public organizations or named specific examples of such organizations (church, dacha cooperative, trade unions, charitable foundations, parties): “where people work on a voluntary basis”; “probably the church refers to this”; "charitable foundations"; "all sorts of" green "and so on."

For six years, the proportion of respondents who are confident that non-profit organizations are of great benefit to ordinary citizens has noticeably decreased. Now 11% of respondents share this opinion (it was 21%). 14% see little benefit in their activities (against 18%). Approximately one-fifth of the survey participants (19%) said there was no benefit (was 20%). The majority (56%) found it difficult to say whether or not there is any benefit from the activities of these organizations, and how great it is.

8% of respondents know about the work of non-profit organizations in their region (six years ago - 12%). The same number “have heard something” about it (it was 15%). Those to whom the activities of regional non-profit organizations are completely invisible, among the respondents turned out to be two-thirds - 67% (it was 48%). 17% found it difficult to answer this question.

Those who know or at least heard something about the activities of non-profit organizations in their region were asked to name these organizations. 13% of respondents answered the question. The organizations that ensure the functioning of the social infrastructure of settlements (hospital, police, social services, post office, kindergartens, social services, etc.) were named by 6% of the respondents. They mentioned manufacturing enterprises, banks, shops, etc. - 2%. Various public organizations (mainly charities) named 4%: "Memorial"; "Doctors Without Borders"; "Young Family Protection Fund"; "school ecological team"; Church, probably.

There were 5% of the survey participants who were aware of the work of non-profit organizations in other regions of Russia; those who “heard something” about it – 8%. The majority of respondents (70%) said they did not know anything about the activities of such organizations; 17% found it difficult to answer this question.

Do you know, heard or hear for the first time the expression "non-profit organization"?

How do you understand the expression "non-profit organization", what do you think it means? (Open question. Asked by those who said they knew the expression "non-profit organization" - 55% of the respondents.)

(in % of the number of respondents)
State, municipal institution, institution financed from the federal or local budget, state-controlled enterprise	24
"State"; "means municipal"; "which are under the control of the state"; “exists at the expense of state investments”; “closest to a government institution”; “financing organizations from the budget”; “an organization subsidized by the local or state budget”; “not a private, but a state enterprise”; "it is an organization in which 51% of the state shares."
An organization that does not aim to make a profit, is not engaged in business, commerce, trade	10
"An organization that does not receive income from its activities"; “an organization that does not pursue the goal of obtaining material wealth”; "an organization that does not operate for commercial gain"; “the organization is not engaged in activities for the purpose of making a profit”; “they are not profit-oriented”; “apparently without any commercial activity”; “do not engage in sales, purchases”; "not related to trade"; "an organization far from commerce"; "this is not a business"; “this is an organization that is not engaged in buying and reselling”; "Nothing is produced or sold."
Public organization, organization where people work on a voluntary basis	5
“Do community work”; “possibly public organizations”; "where people work on a voluntary basis"; “such organizations are called upon to protect public interests, and not to seek benefits for themselves”; where they work on a voluntary basis.
Not a state, not a budget organization, a private enterprise	2
“Which works for itself”; "this is property"; "not state"; "means private"; "not a budget organization."
Organization that helps people, charitable, religious organization	2
"Charity"; "does charity work"; "spiritual communities, charity"; "social organizations"; “probably the church refers to this”; "Donating money to a good cause"
An organization that exists on donations, contributions, etc.	1
“Which does not earn money itself, but is financed by someone”; "...existing on donations"; “They don’t work themselves, but they get money from somewhere”; "exists on donations"; “exist on sponsorship contributions”; "these are organizations operating on membership dues."
Political organization	1
“All sorts of green ones and so on”; "organizations, parties"; "political activity"; party organizations.
Business organization	1
"Associated with the sale and purchase"; "semi-commercial enterprise"; "activities based on commerce"; "traders"; "dealers".
These are the funds	1
"Miscellaneous funds"; "some kind of fund"; "funds - any"; “heard about nonprofit foundations”; some funds.
An unregistered organization, an organization that hides its income from the state	1
"Unauthorized"; “this is an organization that does not have a license, does not pay taxes”; "... those who hide their income"; “pay in an envelope, not on a receipt”; “an organization not registered anywhere”; “those who are not subject to the Russian tax inspectorate”; underground, illegal.
Organization engaged in deception of people, theft	1
“Deceit, they promise more, but when you come, they don’t give anything”; "who engage in speculation"; "scammer"; "any thieves"; "crooks"; "Designed to deceive people."
Other	2
“Doesn’t really apply to anything”; “organizations whose incomes are open do not have black cash”; “illegal logging is a non-profit organization”; “they don’t exist, there are extortions everywhere anyway”; "who works honestly"; with foreign funding.
	54

Do you think that non-profit organizations are useful for people like you or not? And if so, is that benefit big or small?

Do you know, heard something or do not know anything about the work of non-profit organizations in your region (region, territory, republic)?

What non-profit organizations in your region (oblast, krai, republic) do you know or have you heard about? (Open question. Asked by those who said they knew about the work of non-profit organizations in the region - 17% of the respondents.)

(in % of the number of respondents)
State and municipal organizations		6
"Hospitals, polyclinics"; "social security, post office, kindergarten, school"; "Housing office, heating system, water utility"; "social services"; "social security"; "Pension Fund"; "police"; "public sector entity"; "municipal buses"; "Gorgaz"; "ZAGS, ZhEK"; "agricultural college"
Public organizations		4
Charitable organizations and groups involved in social assistance, human rights protection, environmental issues		3
"City Without Drugs Foundation", Committee of Soldiers' Mothers; "Chernobyl victims, Afghans, veterans of the Great Patriotic War"; “greens, environmentalists, but they work poorly”; "charitable, protecting"; "consumer rights Protection"; "protection of the rights of different groups"; "doing charity work"; “funds for the protection of animals, nature, for the homeless of the hotel”; "non-state funds"; ""Memorial""; "Doctors Without Borders"; "Young Family Protection Fund"; "School Ecological Squad".
Religious organizations, trade unions, political parties, etc.		1
"Unions, funds, societies in different directions"; "unions"; "unions and societies on a professional orientation"; "the church, spiritual education leads"; "religious, political"; "church, probably"; "parties".
Manufacturing enterprises, financial, commercial organizations		2
"Luga Abrasive Plant"; "farms"; ""Kopeyka" - shop"; “on the market, private taxi drivers”; "banks"; "<…>KamAZ, KamGES<…>»; "aircraft plant"; "Plant named after Khrunichev"; "Zvezda Plant"; "commercial enterprises".
Other		1
“All organizations are little by little, non-profit”; “we don’t have such, even KamAZ is already LLC”; "none"; "NGO associated with geography teachers"; "gardening".
Difficult to answer, no answer		4

Do you know, heard something or do you know nothing about the work of non-profit organizations in other regions of Russia?

Olga Nagornyuk

Why are community organizations needed?

One of the distinguishing features of the post-industrial stage of the development of society is the strengthening of the social movement. Originating in ancient Greece, it became widespread only in the second half of the 20th century. Today, public organizations have a huge weight, and, along with political parties, they have a tangible impact on the life of individual countries and the entire world community.

What is a public organization?

Public organizations are voluntary non-profit non-governmental associations of people with similar interests and pursuing the same goals.

It is necessary to distinguish between the concepts of "social organization" and "social movement".

Public organizations have their own structure, governing bodies and charter, in accordance with which they build their activities. Members of such formations pay membership dues and are subordinate to an elected governing body.

The social movement is characterized by the absence of a clear organizational structure, and the concept of membership here is more formal, since it does not involve the payment of dues.

Reasons for the emergence of public organizations

Why do public organizations appear? Isn't the existence of political parties and government bodies not enough? It turns out that they do not always cope with the mission entrusted to them, and then non-governmental formations arise, setting themselves the goal of drawing public attention to the existing problem and finding ways to solve it. Sociologists identify several reasons for the emergence of public organizations:

• the presence of unresolved social problems, for example, environmental degradation, the HIV epidemic, the disappearance of rare species of animals;

• discrediting public authorities, political parties and trade unions in the eyes of the public. The crisis of public confidence in these structures leads to the creation of public associations from representatives of this same population. As an example, we can cite the people's control, the society for the protection of consumer rights, the association of journalists;

• dissatisfaction with the modern form of a democratic system, which involves the indirect participation of citizens in government and, as a result, the creation of an alternative structure that allows you to directly influence the solution of state issues. This is how the unions of entrepreneurs, anti-corruption associations and foundations of civil initiatives were born.

Functions of public organizations

Being a social formation, public organizations perform a number of socially significant functions:

• provide an opportunity for ordinary citizens to participate in political decision-making. Consider the anti-war American public organizations that played a decisive role in ending the Vietnam War;

• represent the interests of certain segments of the population. An example is associations of single mothers, the union of Chernobyl survivors, the society of deceived investors;

• exercise public control over the observance of human rights and freedoms. This function is performed by organizations that protect the rights of women, prisoners, refugees and migrants;

• influence the formation of public opinion. This is the task of all social formations, without exception.

Types and significance of public organizations

Public associations on a territorial basis are subdivided into local (city, district), regional, national and international organizations. By type of activity, these formations are divided into political and non-political. They are also classified according to the methods of action (violent and non-violent), social and gender and age characteristics.

Public organizations do not replace public authorities and cannot dictate terms to them. For example, a consumer protection society cannot hold a seller who deceived a consumer liable, it can only advise the victim and suggest where to turn to protect their interests. People's control is not empowered to punish unscrupulous manufacturers or distributors, its representatives can only identify such cases and report them to the police.

However, the role of such unions and associations cannot be underestimated. By influencing public opinion, they often force governments to make the decisions they need. A vivid example is the activity of the UN, which has been acting as a justice of the peace in resolving military conflicts for 60 years.

Unfortunately, public organizations are sometimes used as fronts for criminal activities. Thus, the idea of ​​creating charitable foundations with the aim of raising funds to support socially unprotected categories of the population was used to launder funds.

Since public organizations are considered non-profit (non-profit) structures that exist due to membership fees, voluntary donations and sponsorship, their income is not taxed. This is used by businessmen who divert their income from taxes.

There is another way to use a public organization "for other purposes": it is lobbying the interests of a certain group of citizens. Consider the situation. A large businessman built a recreation center on the territory of the district, a few years later, deposits of zirconium ores were found not far from it.

Realizing that the proximity to an industrial enterprise will scare away vacationers, the owner of the boarding house launches a PR campaign and creates a public organization demanding a ban on the development of the deposit under the pretext of causing irreparable damage to the environment.

The extraction of zirconium is indeed associated with a danger to nature and human health, but we are faced with the manipulation of public opinion in the name of obtaining material benefits. Cases of using “blindly” public organizations are not isolated. Therefore, be careful when entering into such an association, because you are unlikely to want to be deceived.

Take it, tell your friends!

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“Everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed.” This is what paragraph 1 of Article 30 of the Constitution of Russia says. In this article, I would like to dwell in more detail on the public associations mentioned in the above paragraph of the Constitution.

What kind of public associations are these and how can we, ordinary citizens of the Russian Federation, use our constitutional right and unite in a specific organization to achieve our good goals? I will try to give a detailed answer to this and other topical questions.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of public associations (Article 5 of the Federal Law “On Public Associations”). That is, each of us can gather like-minded people and create a public association. The main thing is that there should be at least three like-minded people, since one or two people will no longer be able to create and register an organization.

Public associations can exist in different organizational forms, namely, in the form of a public organization, a public movement, a public foundation, a public institution, a body of public amateur performance, or a political party. It is also possible to create unions (associations) of public associations. All these types of public associations have their own characteristics and differences, but I will dwell in more detail on the most common form - a public organization.

A public organization is a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens. A public organization is considered established after a decision on its creation is made at a conference or general meeting of founders. To obtain the rights of a legal entity, state registration of the established public organization is required. When registering, it is necessary to determine the territorial scope of activity. If you plan to work within one subject of Russia, then your organization will be registered as a regional one, if you create branches, representative offices or departments on the territory of two or more subjects of Russia, then an interregional public organization is created accordingly. It is also possible to create an all-Russian or international organization, for this it is necessary to have structural subdivisions on the territory of more than half of the constituent entities of the Russian Federation or on the territories of at least two states, respectively. The territorial scope of activity must be indicated in the name of a public association of any organizational and legal form. The founders of a public organization after its creation automatically become equal members and in the future all members of the organization have equal rights and bear responsibilities equally, regardless of whether they were founders or not. It is impossible to remove a founder or introduce a new one, unlike commercial companies, in a public organization. Only members can change. The rights and obligations of members of a public organization are established by the charter of the organization and the law on public associations.

The founders of a public organization can be both individuals and legal entities, while legal entities mean public associations. That is, other forms of legal entities (commercial and even non-commercial) cannot create a public association.

The standard structure of the bodies of a public organization is as follows. The highest governing body in a public organization is always the general meeting of the members of the organization or the conference of delegates from regional branches. Only the supreme body is empowered to resolve such issues as changes to the constituent documents (charter), determination of the main directions of activity, change of the head, as well as reorganization or liquidation of a public organization. The permanent governing body, which operates between general meetings and decides other issues of the organization's activities that do not fall within the exclusive competence of the supreme governing body, can be called differently - the board, the presidium or, for example, the council. The name in this case does not play any role, while the functions and significance of the executive body remain unchanged.

The current management of a public organization is carried out by the head of the board (of the presidium, council, etc.). As in the case of the executive body, the head can be the president, chairman or director, whatever you call it. It should be noted that public organizations must have the position of an auditor or a special body - the audit commission. The executive body of the organization, as well as its head and the auditor (audit commission) are elected from among the members of the public organization for a certain period. If desired, it is possible to create additional bodies, for example, a board of trustees, but in this case, in the charter, you will have to describe in detail what this body is needed for and its functions.

When registering a Public Organization, documents are submitted to the territorial body of the Ministry of Justice of the Russian Federation, and not to the tax office. The Ministry of Justice is the body that decides on the registration of an organization or on the refusal of its registration. Within 30 calendar days, documents submitted to the Ministry of Justice are subjected to a thorough examination, as a result of which errors in the charter are very often revealed. Therefore, to save time and effort, it is better to contact qualified specialists who will help you competently prepare all the necessary documents and register your public organization.

Main / Editor-in-chief's blog / Creating a public organization without registration

Creation of a public organization without registration

In a previous post, I wrote about a meeting with Yekaterinburg (and not only) public figures on the topic of creating an NGO. One of the topics of discussion was the creation of a public association without registration. I will describe how to create such an association.

First, I will explain the difference between registered and unregistered public associations (these are varieties of non-profit organizations).

Citizens can exercise their right to association (Article 30 of the Constitution of the Russian Federation) in three forms.

Status of a simple association of citizens

It arises on the basis of the fact that citizens are united in a group. That is, as soon as people got together and decided that they would have an association with certain goals, such an association has already appeared.

As an example, we can cite some groups in social networks (especially with closed membership), for example, the Civilistics group - it brings together people who are interested in civil law. Another example - the League of Friends of the Philharmonic - is a kind of association of Philharmonic listeners, its members have a card that entitles them to discounts, and the Philharmonic also sometimes gathers members of the League of Friends in order, for example, to talk about the new musical season or discuss something.

But we must remember that the norms of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations” do not apply to such associations.

Status of a public association without forming a legal entity

Article 5 of Law No. 82-FZ “On Public Associations” defines a public association as “a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve the common goals specified in the charter of a public association.”

In order to create such a public association, it is necessary:

- at least three participants;

- organize a general meeting at which a decision will be made on the creation of the association, while drawing up the minutes of the general meeting, drawing up and approving the charter.

The advantages of this form over a simple association is that it will be subject to all the norms of legislation on public associations (for example, the right to have a seal, letterhead, symbols, apply to state authorities and local self-government, be the founder of the media, etc.). At the same time, it will not be necessary to spend money and nerves on registration, accounting, tax reporting and reporting to the Ministry of Justice.

In this case, such an association already acquires the status of a subject of law, special rights and obligations, but does not yet have the status of a subject of civil law - for example, it cannot open accounts and act as a subject of property relations.

Public organizations

It turns out that if such an association collects money, then legally all of them do not belong to it as an organization, but to its members, and the property acquired with these funds will be in the common shared ownership of its members.

The fact is that, according to paragraph 1 of Article 2 of the Civil Code of the Russian Federation, citizens and legal entities are participants in relations regulated by civil law. Thus, the list of subjects of civil law is exhaustive, there are no associations in this list (this also applies to the first type of association).

Status of a public association as a legal entity

In order for an association to begin its existence as a legal entity, it must be registered in the prescribed manner. The organizational and legal forms of such a legal entity may be different: a public fund, a public organization, etc.

In this case, the association is recognized as a full-fledged subject of civil law, which means that it can:

- organize full control of the incoming funds of parents and distribute them to the needs of the association;

- appoint responsible persons, ensure accounting of all receipts;

- open a bank account;

- conclude contracts on behalf of the association.

It only makes sense to create a public association with the status of a legal entity when there are significant funds received or if you are going to participate in a competition for a grant (many donors require registration as a legal entity). Otherwise, the expenditure of forces and funds for the creation will be inappropriate.

Stages of creating a public association without registration

1. Choice of legal form
2. Definition of the name, goals, tasks
3. Charter development
4. Establishment of the association at the general meeting, selection of bodies and approval of the charter

Since then, the association has been created!

• Name
• Organizational and legal form
• territory of activity
• structure, governing bodies, their competence and the procedure for the formation
• conditions and procedure for acquiring and losing membership
• rights and obligations of members
• sources of formation of funds and other property
• rights of a public association and its structural subdivisions for property management
• the procedure for amending and supplementing the charter
• procedure for reorganization and (or) liquidation

The creation decision must contain:

• Actually the decision to create such and such an association (indicate the full name)
• Decision on approval of the charter
• Decision on the approval of the governing and control and audit bodies

As a sample, I can offer ready-made forms of the charter and protocol on the creation of a public organization (this is one of the types of public association):

Of course, you need to adapt all this to your organization. It is important that in the end there are mandatory information that must be indicated in the charter (see their list above). But even if later it turns out that some clauses of the charter do not suit you or you would like to add something else, then the procedure for changing the charter is extremely simple - you just need to develop a new version and approve it at the general meeting (by the way, you can provide for some another order, for example, approval not by the general meeting, but by the board). And you don't have to register anything.

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Creation of public associations in Russia

A public association is a formation of individuals created to achieve common interests and operates on a non-commercial and voluntary basis. Management is carried out independently. Forms of public associations include an organization, a movement, a foundation, an institution, a political party, a trade union, and a body of public amateur performance. According to Art. 30 of the Constitution of the Russian Federation, everyone has the right to association. At the same time, all the necessary information on how to create a public organization in Russia is contained in the Federal Law "On Public Associations", the Federal Law "On Non-Commercial Organizations" and other legal acts.

The process of creating and registering a public association

The basis for the creation of a public association (hereinafter referred to as the PA) is the adoption by its founders of the Charter and the governing body. To give an organization the official status of a legal entity, it must be registered in accordance with the procedure established by law.

Starting a Public Organization: How to Start the Process in 2018

The procedure for registering public associations provides for the collection of the necessary package of documents, the registration of a legal address and the payment of state duty.

We should start with the one who registers public organizations in Russia. This is the prerogative of the Ministry of Justice of the Russian Federation. The formation of such an NGO is possible if there are 3 founders. The functioning of the PA is based on membership, and the number of participants is not limited.

The decision on state registration of a public association is taken directly by the Ministry of Justice after an examination of the submitted documents. And in case of a positive decision, the Federal Tax Service enters the new organization into the Unified State Register of Legal Entities.

Registration package

The list of documents required for submission to the Ministry of Justice includes:

• a statement from an authorized person;
• the charter adopted at the constituent assembly;
• the minutes of the constituent assembly, which contains information about the decision to create a public association, about the elected leadership and control and audit body (when creating an interregional organization, you must provide the minutes of all structural divisions);
• information about the founders;
• a receipt for payment of the state duty (the fee for registering a public organization is 6,500 rubles, all information on the amount is contained in Article 333.33 of the Tax Code of the Russian Federation);
• certificate of legal address.

So, we found out what documents are submitted for state registration of a public association. It is also worth noting here that if the name of the organization contains symbolic elements that are legally protected, it is necessary to provide documents certifying the right of the PA to use them.

If the examination of the documents was successful, the registration authority for public associations makes a positive decision and the Federal Tax Service enters the new formation in the Unified State Register of Legal Entities. No other action is required from the founders.

All new public associations in the Russian Federation, after registration, automatically receive a TIN, as well as are registered with the PFR, FSS and MHIF. State registration of public associations is carried out within 1.5 months, necessary for a detailed examination of the submitted documentation.

Public associations and organizations function independently on the territory of the Russian Federation, and the freedom of their activities is guaranteed by the state. Of course, provided that it does not contradict the current legislation.

Having dealt with the question of how to register a public organization in Russia, it is worth noting that this procedure has much in common with the registration of associations. Documents for the state registration of a public association are the same as in the case of associations, the period for consideration and entering information about a new formation is similar.

More related articles

How to create a public organization

G. No. 82-FZ "On public associations" states:

"A public organization is a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens."

Members of a public organization in accordance with its charter may be individuals and legal entities - public associations, unless otherwise established by this Federal Law and laws on certain types of public associations.

The presence of membership of a public organization differs from a social movement, in which membership is not required.

The highest governing body of a public organization is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to a congress (conference) or general meeting.

In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

International public organization- non-governmental / non-governmental association, whose members (on the basis of joint activities to protect common interests and achieve statutory goals) are entities from different countries and registered in a state whose legislation allows foreign individuals or legal entities (without any discrimination based on nationality) create public organizations and be elected to the governing body of such an organization. In Latvia, for example, according to the law on public organizations, half of the members of the board of an organization must consist exclusively of citizens of the Republic of Latvia, which excludes the possibility of electing an international composition of the board and allows the functioning of public organizations only on a national basis. Bypassing such a nationalistic barrier allows the registration of an organization in a more democratic country (for example, in Austria) and the establishment of a representative office of the organization in Latvia: since the INGO is outside the jurisdiction of Latvia, the Latvian court is no longer competent to decide on the liquidation of the organization - such a decision can only be made by a court of the state in whose jurisdiction the organization is located. The choice of this form of activity - when the organization is registered in one country, but operates in other countries, allows the public organization to retain its legal personality even in the event of a possible conflict with the national authorities of a particular state. The space (territory) of INGO activities is determined by the Charter of the organization. International public organizations are endowed with international legal personality to the extent that such legal personality is determined by one or another international treaty, for example, the right to appeal against violations of the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms or, for example, the right to appeal against violations of the norms of the European Social Charter.

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See what "Public Organization" is in other dictionaries:

Public organization- a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens. Members of a public organization in accordance with its charter may be ... ... Accounting Encyclopedia

Public organization- (English social organization) in the Russian Federation, a non-profit organization based on membership, a public association created on the basis of joint activities to protect common interests and achieve ... Encyclopedia of Law

PUBLIC ORGANIZATION Law Dictionary

PUBLIC ORGANIZATION- A PUBLIC ORGANIZATION, a public association based on membership, created to protect common interests and achieve the statutory goals of united citizens (see CITIZEN (edition)). Members of a public organization in accordance with its ... ... encyclopedic Dictionary

Public organization- a voluntary association of citizens that arose on their initiative to realize their interests. Political Science: Dictionary Reference. comp. Prof. floor of sciences Sanzharevsky I.I.. 2010 ... Political science. Dictionary.

PUBLIC ORGANIZATION Legal Encyclopedia

Public organization- voluntary association of citizens, which contributes to the development of their organizational initiative in various sectors of public life, the satisfaction of their interests. Public organizations are created to participate in political life, according to ... ... Theory of state and law in schemes and definitions

public organization- ▲ organization (community) public functionary. asset is the most active part of the organization. activist. public. social worker. club is an organization that brings together people with the same interests. car club. yacht Club. society (sports society). ... ... Ideographic Dictionary of the Russian Language

public organization- a public association based on membership, created to protect the common interests and achieve the statutory goals of the united citizens (FZ On public associations of April 14, 1995). Members of O.o. in accordance with its charter may be ... ... Big Law Dictionary

PUBLIC ORGANIZATION- a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens. Members of O.o. in accordance with its charter, there may be individuals and ... ... Encyclopedic Dictionary of Economics and Law

Books

• Public Organization of Humanity, K. E. Tsiolkovsky. Reproduced in the original author's spelling of the 1928 edition (publishing house `St. Petersburg`) ...