Public organization action. Public organizations. Definition of a public association
22. Public associations: concept, organizational and legal
forms.
Organizational and legal forms of public associations, types, forms of public organizations
A public association is understood as a voluntary, self-governing, non-profit formation, created at the initiative of citizens, united on the basis of a community of interests to implement the common goals specified in the charter. public association.
There are the following types of public associations:
Public organization;
Public fund;
Public institution;
The organ of public amateur performance;
Political Party.
Public organization
A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens.
Individuals and legal entities - public associations can be members of a public organization in accordance with its charter. The highest governing body of a public organization is a congress (conference) or general meeting... The permanent governing body of a public organization is an elected collegial body accountable to the congress or general meeting.
The essence of membership is the documentary registration of participation in the organization (applications, membership cards, etc.), the presence of certain rights (to elect and be elected to the governing bodies), obligations (to pay dues, etc.) and responsibility for non-compliance with the charter of the organization up to exclusion from its ranks. This is how civic organizations and parties differ from other types of participatory civic associations.
Participants are individuals and legal entities (public associations) expressing support for the goals of the association or its specific actions, participating in its activities without the obligatory registration of the conditions for their participation. political and other public benefit goals.
Public fund
A public fund is one of the types of non-profit foundations, it is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law, and the use of this property for socially useful purposes. The founders and managers of the property of the public fund are not entitled to use the said property in their own interests.
Public institution
A public institution is a non-membership public association that aims to provide a specific type of service.
Public amateur organ
An amateur public activity body is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people.
Political Party
A political party is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in the bodies state power and bodies local government.
23. Political parties: concept, order of creation, rights and
responsibilities.
POLITICAL SYSTEM (PS) RF: PRINCIPLES OF CONSTITUTIONAL REGULATION. LEGAL STATUS OF THE POLITICAL PARTY
Subjects of PS- citizens with political rights, public associations (primarily political parties), the state.
Constitutionally enshrined such principles of PS regulation as ideological diversity (parts 1 and 2 of article 13 of the Constitution of the Russian Federation), political pluralism (part 3 of article 13 of the Constitution of the Russian Federation), equality of public associations before the law (part 4 of article 13 of the Constitution of the Russian Federation) ), a ban on the creation and operation of public associations dangerous for society and the state (part 5 of article 13 of the Constitution of the Russian Federation).
In more detail, the legal status of political parties is determined by the Federal Law "On Political Parties".
Separately, among public associations, political parties stand out, created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, elections and referendums, representation of citizens' interests in government and local government bodies. Basic requirements for a political party: regional offices in more than half of the constituent entities of the Russian Federation; at least 50 thousand members. The ban on the creation of regional parties and the limitation of the minimum number of party members were recognized as complying with the Constitution of the Russian Federation by the decision of the Constitutional Court of the Russian Federation of February 1, 2005 No.
The activities of political parties are based on the principles of voluntariness, equality, self-government, legality and transparency.
A political party is created freely, is subject to state registration as a legal entity (public association). In addition to the charter, a political party must have a program that defines the principles of the political party's activities, its goals and objectives, methods of achieving goals and solving problems.
Only capable citizens of the Russian Federation who have reached the age of 18 can be members of a political party.
In case of a successful performance of a political party in the elections (they won at least 3% in the elections of deputies of the State Duma in the federal electoral district, or at least 12 deputies were elected in single-mandate constituencies to the State Duma, or a candidate for President of the Russian Federation nominated by the party won at least 3% of the votes ) a political party has the right to receive state financial support (from the federal budget).
Only a political party (from all types of public associations) has the right to independently nominate candidates (lists of candidates) for deputies and for other elective positions in government bodies (this rule came into force in the summer of 2003).
A political party can be liquidated by the decision of the highest governing body or (in some cases) by the decision of the Supreme Court of the Russian Federation.
G. No. 82-FZ "On Public Associations" states:
"A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens."
Individuals and legal entities - public associations may be members of a public organization in accordance with its charter, unless otherwise established by this Federal Law and the laws on certain types public associations.
The presence of membership of a public organization differs from a public movement in which membership is not required.
The highest governing body of a public organization is a congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the 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 subjects from different countries and registered in a state whose legislation allows foreign individuals or legal entities (without any discrimination on ethnic grounds) to 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 nationalist barrier allows the registration of an organization in a more democratic country (for example, in Austria) and the establishment in Latvia of a representative office of the organization: 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 state court in whose jurisdiction the organization is located. The choice of such a form of activity - when an organization is registered in one country, but operates in other countries, allows a 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 defined by one or another international treaty, for example, the right to appeal violations of the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms, or, for example, the right to appeal violations of the norms of the European Social Charter.
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See what "Public organization" is in other dictionaries:
Public organization- a membership-based public association 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 can be ... ... Accounting encyclopedia
Public organization- (English social organization) in the Russian Federation, a non-profit organization, a membership-based public association, created on the basis of joint activities to protect common interests and achieve ... Encyclopedia of Law
PUBLIC ORGANIZATION Legal Dictionary
PUBLIC ORGANIZATION- A PUBLIC ORGANIZATION, a membership-based public association created to protect the common interests and achieve the statutory goals of the united citizens (see CITIZEN (edition)). Members of a public organization in accordance with its ... ... encyclopedic Dictionary
Public organization- a voluntary association of citizens, which arose on their initiative for the realization of their interests. Political Science: Dictionary Handbook. comp. Prof. Paul 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. public figure. club is an organization uniting people with the same interests. car club. yacht Club. society (sports society). ... ... Ideographic Dictionary of the Russian Language
public organization- a membership-based public association created to protect common interests and achieve the statutory goals of the united citizens (Federal Law On Public Associations of April 14, 1995). Members of the OO. in accordance with its charter, there may be ... ... Big Law Dictionary
PUBLIC ORGANIZATION- a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens. Members of the OO. in accordance with its charter there can be individuals and ... ... Encyclopedic Dictionary of Economics and Law
Books
- Public organization of mankind, K. E. Tsiolkovsky. Reproduced in the original author's spelling of the 1928 edition (St. Petersburg publishing house) ...
How to create a public organization: types and forms of public associations + what the charter of a public organization can consist of + how to liquidate a public organization.
The legislation of the Russian Federation confirms that society has the right to create organizations, however, in order to avoid unrest, their activities are controlled.
Each organization has the following distinctive features from other types of public:
- Charter.
- Meeting minutes.
- Governing body.
- Membership.
A factor such as having a membership distinguishes a public organization from social movement.
Let's take a closer look, how to create a public organization what is necessary for this and how not to overstep the framework of the law.
What is a public organization and what is it for?
Public organization it is considered to be an association between certain segments of the population who come together on the basis of common interests, or pursuing and defending certain ideas.
But, despite the fact that this is not a government union, in order to carry out any serious activity, data about it will need to be registered. The activities of such unions can be classified as non-profit.
Usually they are created with the aim to implement projects that may be related to creative activity, the establishment of the cultural and social life of society, the defense of their own interests, etc.
Such associations help to improve the quality of life, since like-minded people have the opportunity not only to get together to discuss a particular problem, but also to successfully look for ways to solve it.
In the case of the official registration of such a union, it becomes possible to convey your ideas and requirements to higher authorities and to influence what happens within a certain territory.
According to the topic, it is possible to determine the following main varieties, the most relevant today:
- Humanitarian - protection of human rights and assistance;
- Security the environment- focusing public attention on environmental problems;
- Animal protection - fighting the extinction of rare species in the animal world;
- Youth - directing the energy of the younger generation in the right direction.
The most popular and well-known world public organizations include the following:
- Red Cross- provide assistance to those who have been victims of various conflicts (war, etc.), as well as help to eliminate the consequences of natural disasters.
- Greenpeace- position themselves as defenders of nature against the results of civilization and various tests of nuclear weapons.
- Doctors of the world- is rendered in the countries of the "third world", where there is no opportunity to get it.
- Scouts- an example of a youth meeting, whose members have the opportunity to gain knowledge about survival in conditions wildlife... Enables children to safely contact their environment.
The presence of such examples will help to more clearly define the purpose of the creation of public organizations.
The topics and interests of any registered or unregistered association that commits any actions cannot in any way overlap with extremist and terrorist activities.
5 steps to create a community organization
The Ministry of Justice is in charge of formalizing new public and social entities in each city.To create, you need three or more individuals. It is also interesting that the role of the founder can be not only physical, but also, moreover, not even one.
The process of creating a public organization can be divided into 5 successive stages:
- Consulting on all legal and organizational issues with a lawyer.
- Preparation and collection of documentation.
- Payment of a fee of about 4000 rubles.
- Waiting for confirmation of registration.
- Registration .
List of required documents:
- registration application;
- information about the leadership;
- documents and information about all founders;
- minutes from the meeting of founders;
- statutory documents;
- a receipt for the payment of the tax (fee) for registration (approximately 4000 rubles).
All of the above documents must be submitted in duplicate.
In addition to the main set of documents, you will also need to provide the following papers:
- decision to create an organization;
- decision on the approval of the charter;
- organ selection decision.
As mentioned above, the activities of public organizations are regulated by law, and you can familiarize yourself with the rules that govern it in more detail with the help of such documents:
- Constitution;
- Civil Code;
- Law "On Public Associations".
In the event of the creation of any public non-profit union, you will have to work closely with these legislative acts.
In this case, it is advisable to pay attention to the following points:
- It is not necessary for public organizations to be officially registered, and there is no need to first obtain permission to create a public organization from local authorities and regulation of activities, which is stated in Articles 3 and 21 of the Federal Law ( ozpp.ru/zknd/obsh)
Every person who has reached a certain age and has citizenship, or a group of people have full legal right to unite in order to protect their common beliefs and interests.
And also, the freedom of further actions of such an organization is guaranteed, which is indicated by Article No. 30 in the Constitution of the Russian Federation ( www.constitution.ru)
It is important to know: if the chosen legal form of association is not officially registered, it is deprived not only of obligations, but also of the rights of a legal entity.
However, if necessary, it can be registered at any time.
1) Who can create a public organization?
If we go back to how to register an organization, then a consistent question arises as to who can be its founder and who can become its member.Becoming a creator or a member of a public organization can:
- adult (at least 18 years old);
- a citizen of the Russian Federation, as well as a foreigner who legally resides in the territory of Russia;
- persons who have not been prosecuted for laundering Money and for sponsoring terrorism;
- persons who are imprisoned by a court decision.
The founders who participate in the creation of the organization are its members.
2) What should the charter consist of?
The official statutory document of a public organization, just like in the case of the charter of an enterprise, should consist of the following elements:
- full title;
- main goal (goals, if there are several), interests and main activity;
- governing bodies and leadership;
- certain territories within the boundaries of which it operates;
- the conditions under which you can get or lose your membership;
- the period for which the leadership authority will be provided, the procedure for obtaining and losing;
- the order in which changes or additions to the charter will be made;
- the main source of funds provided by the property and the method of their control;
- the order of how it is liquidated and reorganized.
Depending on the specifics, subject matter and purpose, the charter may also contain additional clauses.
Some youth associations admit children from 14 years old, and children from 8.
After approval, the charter must be provided in triplicate, two of which are stitched, signed and page numbered.
Together with the charter, they provide protocols of how the leader was selected and the organization was created.
3) Opportunities of the organization as a legal entity
After registration, the organization receives full rights, which means:
- collection and control of funds;
- having a bank account;
- conclusion of contracts.
Based on how the scope of opportunities and activities is expanding when obtaining official status, it can be concluded that this procedure is relevant only in the case of monetary transactions.
In any other case, it does not have such importance or meaning.
Creation of an unregistered association
Unlike a registered organization, in the case of an unregistered union, everything is much simpler.
Creation consists of the following main stages:
- Choice of legal form.
- The main ideas, goals, and objectives are determined.
- Choice of controls.
- Approval of the association and charter.
How and why can a public organization be liquidated?
As you know, any association or enterprise that is registered with the authorities may be subject to inspections from time to time.In the event that this is a public organization, there is a need to provide an annual report on the main stages of its activities, in accordance with its goals, as well as on all monetary transactions, if the goal implies their existence.
Based on all of the above, it can be concluded that in the absence of a timely report on the main actions of the organization, it will be seized by the control body.
More specifically, according to the second part of Article 29 of the Federal Law, it is necessary every year, and the maximum delay period is 3 years. Otherwise, the organization will be liquidated and considered as such that it has completely stopped any activity.
How to create a public organization?
First of all, you need to figure out how to register it:
Conclusion on the creation of a public organization
Completely define the stages of creation and operation of such public unions and a list of documentation in order to register it, perhaps only by clearly establishing the main task, idea and theme.
For a more detailed study of the rules and procedure for creating a public association, and possibly its registration, it is worth carefully reading the order "On the rules for considering applications for registration of public associations" (No. 19 - 01 - 122 - 97).
Before creating a public organization, it is worth determining whether the chosen legal format is suitable for the ideas that it pursues.
In any case, you can take your time with registration at the time of creation, especially if there is no need for it.
Insofar as given view activity is considered completely non-profit, it should be understood that the creation of public associations as profitable business does not make any sense, and in some cases is even punishable by law.
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The idea of creating a civil society originated 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 man and citizen, about the role of property for maintaining the stability of social 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.
It has been a long time since the first public organizations were established, 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 of a planetary scale. They are the link between the state and individual citizens. They are actively involved 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 assumed that democratic societies are divided into three sectors:
- state;
- market;
- non-commercial.
"Civil Society": Basic Concepts
There are many definitions of the concept of "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 (as an example, we can cite the position of trade unions in the USSR);
- the doctrine of "state capitalism" - civil society is viewed as a sphere of private business, family-related 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, which, 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 groups; 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 noted by the expert of the Parliamentary Assembly of the Union of Belarus and Russia Y. Tom, “at one time on the initiative of the West in the post-Soviet space and in Russia itself, a sufficiently effective system of non-governmental structures was created and then developed. According to the former US Secretary of State M. Albright, there are about 37 thousand public and political organizations, information 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 oppose the formation and development of Russian statehood, 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 abbreviated there as NGOs (NGOs) - non-governmental organizations. In Russia, the term nongovernmental organizations (NGOs) is not widely used and has not entered 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 (NPO).
Constitutional foundations of 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 their 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 any association or stay in it; freedom of activity; equality of public associations before the law (Articles 13, 30).
The Constitution prohibits the creation and operation of public associations, the goals and actions of which 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 publicized. Intervention by public authorities and officials it 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, "it is hardly justified to combine in one legislative concept and giving a similar legal status to such different public associations as parties (actively participating in the political process and the struggle for power), on the one hand, and various 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 the emerging civil society was accompanied by the process of changing the political structure of the country. The beginning of the 90s 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. Thus, by the beginning of 2002, about 200 thousand 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, took far from the last place.
Three basic concepts are used in Russian legislation: “non-profit organization”, “public association”, “non-governmental organization”.
The basic concept is “non-profit organization” (hereinafter - NPO). Legally, non-profit organizations include those organizations that do not have profit-making as the main goal of their activities and do not distribute the received profit among the participants.
A public association is understood as a voluntary, self-governing, non-profit formation created at the initiative of citizens who have united on the basis of a community of interests to achieve common goals.
The concept of "foreign non-profit non-governmental organization" in Russian legislation is used in relation to non-profit organizations created outside Russia in accordance with the laws of a foreign state, the founders (participants) of which are not state bodies. Foreign NPOs can operate on the territory of Russia through their structural divisions (departments, branches, representative offices).
Legislative regulation of NPOs
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 a general legal regulation status of all legal entities, including non-profit organizations);
- the law "On public associations";
- the law "On non-profit organizations».
In the sphere of regulation of various organizational and legal forms of NCOs, there are: laws “On autonomous institutions”, “On non-state pension funds”, “On national and 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 of activity 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 endowment capital of non-profit organizations." The law created the preconditions for the development of the institution of endowment in Russia - a source of non-state funding for NGOs.
Legal restrictions and liability of non-profit organizations
Restrictions, duties and responsibilities of non-profit organizations are related to issues such as registration of NPOs and their reporting, compliance with the activities of NPOs current legislation and stated goals, spending of funds.
Structural subdivisions of foreign NPOs may be denied entry into the register if their goals and objectives pose a threat to sovereignty, political independence, integrity, national unity and identity, cultural heritage and national interests Russia. The creation and operation of branches of foreign non-profit organizations, international organizations on the territory of a closed administrative-territorial entity is not allowed.
A branch of a foreign NPO may be liquidated in the event of the liquidation of the corresponding foreign NPO; failure to provide information about their programs, receipt and expenditure of funds and property; if its activity does not correspond to the purposes stipulated by the constituent documents.
The foundation can be liquidated if the property of the foundation is insufficient to fulfill its goals; if the objectives of the foundation cannot be achieved and the necessary changes in the objectives of the foundation cannot be made; in case of deviation of the fund in its activities from the statutory goals.
A public association may be refused registration if its charter contradicts the Constitution and legislation of the Russian Federation; if the documents required for registration are not submitted in full, are inappropriate or contain inaccurate information. The organization can appeal the refusal to register in court or re-apply for registration after the documents have been revised.
According to the law "On Counteracting Extremist Activity," the activity of public and religious associations, NGOs, whose activities are recognized as extremist, are prohibited.
Public associations are obliged to: publish a report on the use of their property annually; 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 the 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 funds 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 a statement on recognizing the public association as having ceased its activities and on excluding it from a single state register legal entities.
The registration authorities have the right to check the compliance of the activities of a public association with its statutory goals (no more than once a year). And in case of violations, to issue a written warning to the governing bodies of the association, indicating the time limit for eliminating the violation. Failure to eliminate the violation in due time serves as the basis for the suspension of the activities of the public association.
Discussions and changes in the legislation on NGOs in recent years
In 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 state structures and directly to 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 defending the real interests of people. For some of these organizations, the priority task was to obtain funding from influential foreign funds, for others - serving dubious group and commercial interests, while the 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 campaigns under the guise of charitable and other activities." The need to legislatively streamline the activities of NPOs was also justified by: non-transparency of funding NPOs and spending the funds received by them; using NPOs to legalize income and avoid taxation; attempts of foreign policy to influence the internal situation in Russia through NGOs; their role in the “color revolutions” in the CIS countries; the fight against extremism and terrorism.
In 2005-2006, a number of amendments were made to the legislation on non-profit organizations (laws “On non-profit organizations”, “On public associations”, “On closed administrative-territorial unit”). The main changes are presented in the comparative table.
| BEFORE CHANGES | AFTER CHANGES |
| NCO REGISTRATION | |
| 5 grounds for refusal to register a public association have been identified. | 6 grounds for refusal to register a public association have been identified. |
| The law “On Non-Commercial Organizations” did not stipulate that it determines the activities of branches of foreign NPOs. | The Law "On Non-Commercial Organizations" defines the activities of branches of foreign NPOs. |
| The requirements for registration of a branch of a foreign NPO were not described in detail. | The requirements for the registration of a branch of a foreign NPO and the grounds for refusing to register it have been clarified. |
| Requirements for founders of public associations have been established. | Restrictions for founders of public associations, including foreign citizens, have been expanded. |
| The concept of “foreign non-governmental non-profit organization” has not been defined. | The definitions of a foreign non-governmental non-profit organization and its structural unit are given. |
| RESTRICTIONS ON NPO ACTIVITIES AND GROUNDS FOR THEIR LIQUIDATION | |
| The creation and operation of branches of foreign NPOs on the territory of ZATO is not prohibited. | The creation and operation of branches of foreign non-profit organizations in the territory of the Closed Administrative Territory is prohibited. |
| There are no restrictions on the spending of NPO funds. | - the authorized body may prohibit a foreign NPO from sending funds to certain recipients on the territory of Russia; - Legislation may establish restrictions for NPOs on donations to political parties and their branches, to electoral 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 activities of the association. |
| REPORTING OF NCO | |
| Registration authorities, when checking the compliance of the NPO's activities with the stated goals, may request administrative documents, send their representatives to participate in the activities of the NGO. | 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 providing financial statements by public associations is not defined; the activity report is provided to the 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 on 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 the NPO has been expanded. |
Also in December 2006, amendments were made to the Law "On Political Parties" prohibiting NPOs from sponsoring parties from funds received from such Russian legal entities whose share of state, municipal or foreign participation in the authorized (pooled) capital exceeds 30%. day of transfer of funds.
The main complaints from international institutions and public figures to the legislation and practice of NGOs in Russia
Changes in Russian legislation on NPOs in 2005-2006 caused a number of complaints from the Council of Europe, PACE, the European Parliament, and the US Congress. The following complaints were expressed: problems with registration of NPOs and preparation of reports; high probability of abuse by supervisory authorities; restrictions for foreign NPOs in comparison with Russian ones.
NGO representatives identify 5 most common problems:
- insufficiently substantiated refusal to register an NPO, subjective interpretation of the law and its selective application. A stricter registration procedure requires the involvement of lawyers specializing in the field of NPO legislation in the preparation of the package of documents. The financial costs for the registration of NPOs have increased (state duty, payment for the services of specialists);
- protracted bureaucratic procedures when registering changes in the statutory documents of an NPO;
- the issuance of unfounded warnings to NPOs by the structures of the Federal Registration Service on grounds that were previously interpreted as technical errors and did not entail sanctions. This often entails inspections of NPOs by authorized government agencies(up to 30 days), including unscheduled ones that hinder the work of NPOs;
- new reporting requirements that a significant number of NPOs (especially small ones that do not have their own lawyers, accountants) find it difficult to fulfill;
- exclusion of NPOs from the register of legal entities.
Several resonant cases can be noted when NPOs (including structural subdivisions of foreign and international organizations) found themselves in conflict situations.
On July 4, 2007, the Educated Media Foundation announced its self-liquidation. General manager Fund M. Aslamazyan in January 2007 was detained while importing into Russia an undeclared amount in the amount of 9.5 thousand euros. 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, Rosregistratsia filed a lawsuit to terminate the activities of the Russian public organization Union of Soldiers' Mothers Committees (the organization did not provide timely reports on its activities). The lawsuit was subsequently withdrawn.
In 2006, Rosregistration issued a warning to the Memorial International Society about violation of 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, Rosregistratsia filed a lawsuit to liquidate the Samara regional branch of the Golos Voter Rights Association. The pretext was a violation of the reporting rules by the organization. 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 to liquidate the branch of the NPO Rosregistratsiya, this decision was confirmed The Supreme Court Russian Federation.
In December 2007, the Russian Foreign Ministry announced the suspension from January 1, 2008 of the activities of the regional offices 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 framework for the organization to work in Russia.
It should be borne in mind that after amendments were made to the basic laws on NPOs in 2006, most large non-profit organizations operating in Russia have successfully re-registered.
As of August 1, 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 37560 decisions on state registration of non-profit organizations (for 2006 - about 32000), 6845 - 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 tax incentives for NGOs involved in charity work and providing social services.
Improving the activities of non-profit organizations in Russia
Non-profit organizations are seen as an essential element of civil society. V.V. Putin, while serving as President of the Russian Federation, noted that non-profit organizations "could become good, really irreplaceable 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 some estimates, out of more than 300 thousand registered non-profit organizations, less than 50 thousand are active.
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 the 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 allocated for these purposes.
The main directions for the allocation of grants 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 of 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 United States and Europe.
In spite of Taken measures, the relevance of improving law enforcement in relation to NPOs, correction of legislation (primarily bylaws), financial and institutional support of NPOs from the state, tax incentives remains. 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 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 authorities and non-governmental organizations. Having invited a group of human rights defenders to the Kremlin, the head of state suggested finding common directions for fruitful work.
Meetings of the Council for the Promotion 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 moments in the life of the country, which, in fact, is part of their responsibilities.
The state would like from human rights defenders 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. Collaboration the president will now conduct, for example, with such figures as the well-known TV presenter Svetlana Sorokina, who once headed the Yukos-established foundation “ Open Russia»Irina Yasina, liberal political scientist Dmitry Oreshkin, renowned human rights expert 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 ideal, despite the fact that we have spent quite a lot of time perfecting it in recent 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 are often raised by officials. And they do this, the head of state is sure, only because they see human rights defenders as a threat to their undivided rule.
Meanwhile, the state, in any case, according to the president, sees nongovernmental organizations not as an enemy, but as a partner for itself, but not everyone is ready to consider them as partners. “You need to understand one simple thing - the state itself should be engaged in the protection of rights, the people who want to do this should be engaged in 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 the chairman of the Council, Ella Pamfilova, to set the tone for the further conversation. “We thoroughly prepared this meeting,” she smiled, although the stack of papers she showed 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 human rights defenders seem to have one unanswered question: do they need it in the legal conditions in which they have to exist? The legislation on NGOs, which is constantly criticized by human rights activists, has come under criticism again. “Even the goal set by the legislators — and many were setting the goal of bringing nongovernmental organizations under control — turned out to be unfulfilled," Pamfilova said calmly, although she could have said it with triumph to the delight of her colleagues.
“In Russia, they are saved from bad laws by their failure to comply,” 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 mistrust between human rights defenders 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,” concluded Pamfilova.
This was a kind of signal for action, after which the members of the Council began to systematically and easily convey to the president the idea of why it was necessary to correct the strategy of the state in relation to society and non-profit organizations.
After many years, at first, the complete absence of such a strategy, and then the equal dialogue proclaimed in 2001, in 2004, a consistent state line came to replace, to which many human rights defenders did not have a heart. It lasted until 2008. “This is a strategy of domination of the state and embedding of civil society in the socio-political system,” said the president of the Association of Independent Centers economic analysis Alexander Auzan. Two milestones of this strategy are the creation of the Public Chamber as the only channel of communication between the state and society and amendments to the legislation on NGOs in 2006, 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 freely acquired 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,” explained Auzan. This thesis was voiced in the presence of the first deputy head of the presidential administration Vladislav Surkov, who earlier, at one of the meetings with the experts of the Strategy-2020 club, warned that it is not entirely ethical to compare the Russian nation with the most despicable biblical character Esau, who renounced the birthright for lentil stew ...
Today, in the wake of the crisis, Auzan believes, it is time for the state to think about changing its strategy. First of all, because there was an expansion of state functions, however, high efficiency of execution is not observed. In such a situation, self-organized groups of citizens could take on part of the functions, and, consequently, responsibility. This is the first of three changes to the state strategy on civil society 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 with regard to reporting, registration and inspections of NPOs.
The rector of the Higher School of Economics, Yaroslav Kuzminov, undertook to explain the senselessness of the huge paperwork. He insisted 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 have been 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, about the fact that if the state pays more attention to openness, to provide more space for freedom, and the values of solidarity, mutual assistance, justice will be stronger in society, then we have the best conditions for entering modernization, - concluded Alexander Auzan.
Yaroslav Kuzminov supplemented his colleague's strategic reflections with specific legislative proposals to weaken control over NPOs, which would actually equate non-governmental organizations with small businesses. “First, NPOs in their field of activity should receive the same rights and benefits in public procurement and municipal procurement as small business, ”said the rector of the HSE.
The second proposal concerns the protection of the property rights of NPOs. 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. Finally, the Council asked the President to create a lightweight regime for small daily charities.
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 settles in most spheres of life. “This, on the part of the responsible persons, is probably the core on which arbitrariness and violations of the rights of citizens in any sphere are strung - from the environment, egregious facts of violence against children to restrictions on political and civil rights", - stressed the chairman of the Council Ella Pamfilova.
The fight against corruption in conditions of total distrust of everyone and everyone can become effective only with broad civilian control. “Within the framework 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 to really counter corruption, to really establish 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 comes to 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 concrete 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 to the Internet and read blogs. ordinary people... And in this regard, civilian control as surveillance works quite well for itself. But control as supervision and verification is not. “With accountability - this is exactly what we are talking about when we use the word 'civil control' - it seems to me that we need to very seriously figure it out 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 to power not to work for the good of the country and society, but to be closer to the sources of illicit enrichment.
“The so-called Russian elite, we must probably grow a new one,” Ella Pamfilova sighed doomily at the beginning of the meeting. If it does exist, the chairman of the Council stressed, then it should set an example for it of focusing 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 environment it is considered insignificant, because there is no civilian 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 what is even more important, where do the children of our elite study and work, and whether they go to serve in the Russian army by analogy with the grandchildren of the Queen of England and are they ready to tie their future with Russia at all, are they going to put down their roots here, or are they 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 offer to discuss a wide range of issues, the members of the Council did not let go of the head of state for a long time. Tamara Morshchakova, advisor to the chairman of the Constitutional Court, naturally raised the problem of the imperfection of the judicial system. Member coordinating council Union of Soldiers' Mothers of Ida Kuklin - issues of military reform and the state of the army. The chairman of the Moscow Helsinki Group, Lyudmila Alekseeva, complained about the virtual absence of the constitutional right of citizens to meetings, rallies and processions, and Svetlana Sorokina spoke out in defense of children. Irina Yasina chose impromptu to talk in general about the humanization of Russian society and separately asked for the fate of the spouses Natalya Morar and Ilya Barabanov, who, it seems to her, were torn apart also 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 unit).
Public and religious organizations (associations)- voluntary associations of citizens, in the manner prescribed by law, united on the basis of their community of interests to meet spiritual or other non-material needs. Public associations also include professional and creative associations, chambers of commerce and industry.
Communities of the indigenous peoples of the Russian Federation- forms of self-organization of persons belonging to the indigenous peoples of the Russian Federation and united on consanguineous or territorially neighboring 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- a non-profit organization without membership, 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-profit partnership- a membership-based non-profit organization established by citizens and (or) legal entities to assist its members in the implementation of activities aimed at achieving socially useful goals.
Institution- a non-profit organization created by an owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-profit nature (for example, a charitable institution, educational institution). Institutions are subdivided into private and state (municipal), while the latter can be of two types - budgetary and autonomous.
Autonomous institution- a non-profit organization created by the Russian Federation, a constituent entity of the Federation, or municipality... Its purpose is to perform work, provide services in order to exercise the powers of state authorities and local self-government in the fields of science, education, health care, 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 goal 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 health-improving institution).
Associations of legal entities(associations and unions) - voluntary associations of commercial and non-commercial organizations in order to coordinate their activities, represent and protect common property interests.
ON THE LEGISLATION OF RUSSIA, USA, FRANCE, FINLAND, ISRAEL AND POLAND, REGULATING THE ACTIVITIES
NON-GOVERNMENTAL ORGANIZATIONS (NGOs)
| Country | Russia | France | USA | Finland | Israel | Poland |
| Question | ||||||
| Mode for NGOs | According to the law “On Non-Commercial Organizations”, foreign NGOs in Russia enjoy a different regime 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 received profit among the participants, created 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 main body of regulation is contained in the laws of the states. As an example, we can take the New York state law, according to which foreign NGOs are treated differently from the national regime. A foreign NGO is defined as a “corporation” that is formed under laws other than New York State and otherwise qualifies as a national corporation under that state. | Foreign NGOs are granted national treatment. | Foreign NGOs are granted national treatment. | Foreign NGOs are granted national treatment. | |
| Participation of foreign citizens in NGOs | Foreign citizens and stateless persons living in legal grounds on the territory of Russia, have the right to be founders and participants of NGOs. However, the founders of NGOs cannot be foreign citizens suspected of extremist activities or money laundering, etc. | Foreign citizens, on an equal basis with French citizens, can be founders and participants of NGOs. | New York State law allows foreign citizens to participate in NGOs without any restrictions. Under the US Foreign Agents Act, NGOs run by foreigners that engage in political activities go through a special registration process with the state attorney general. | If the purpose of the NGO is activities related to public affairs, then only Finnish citizens or foreigners permanently residing in Finland can be members. The head of the NGO must reside permanently in Finland. | Israeli legislation does not differ in terms of the possibility of NGO formation by foreign citizens and Israeli citizens. | Foreign citizens, on an equal basis with Polish citizens, can be founders and participants of NGOs. |
| Registration procedure | Permissive order. Provided for the collection of state. duties. | Notification order. Prior authorization is not required to establish an NGO. Registration is carried out without levying a state fee. |
Strict authorization procedure for the activities of foreign NGOs in the state. | Notification procedure for registration. Finnish law does not contain provisions on the collection of state fees. | 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, you need: - a statement signed by an authorized person, indicating his last name, first name, patronymic, place of residence and contact phone numbers; - constituent documents of a non-profit organization in triplicate; - a decision on the creation 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 duplicate; - 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. |
For registration, an application is required, which indicates: - title; - place of stay; - names, professions, citizenship of the founders; No notarization of documents is required. Documents are submitted to the prefecture of the relevant department. |
For national NGOs, the main condition for their activities is to obtain a registration certificate from the state administration, which is issued on the basis of an application. The statement indicates general information on the activities of the NGO (address, name, goals of activity, etc.). You also need to obtain permission from the relevant state. body depending on the field of activity of the NGO (e.g. education, health, etc.). For foreign NGOs, additional conditions registration. In the application for registration, they must indicate: - Name; - place and date of registration; - information that the "corporation" is foreign; - the objectives of the activity, a statement that the activity is permitted; - information on 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 body. |
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 the association is attached to the application. No notarization of documents is required. The application is submitted to the National Council of Patents and Registrations of Finland. |
The list of documents required for registration of a foreign NGO is reduced to an appeal to the registration authority. The appeal must indicate: - name of company; - address in Israel; - the names of the founders, their addresses and identification numbers. No notarization of registration documents is required. |
“Declaration of will” for registration should contain general information about the NGO. Notarization is required. |
| Grounds for refusal to register | The following grounds for refusal of registration are provided: - contradiction of the constituent documents of NGOs with 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 and political independence of Russia; - if a branch of a foreign NGO previously registered in Russia was liquidated due to 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 refusing registration are similar to the grounds provided for by Russian law. | The grounds for refusing registration are generally similar to those established in Russian law. Registration may be refused if the NGO is founded for criminal purposes or if false documents were provided during registration. | The grounds for refusing to register an NGO in their meaning generally coincide with the grounds provided for by Russian legislation. | The grounds for refusing registration are basically the same as those under Russian law. It also provides for such a basis as the name of the organization, which is detrimental to popular feelings. | The grounds for refusing registration are similar to those under Russian law. |
| Financial control procedure | The main form of financial control is the provision of financial statements by NGOs to tax and statistical authorities. The authorized body is also entitled to: - to request financial documents from the governing bodies of NGOs; - send their representatives to participate in events held by NGOs; - annually inspect the spending of funds and other property of NGOs; - issue written warnings in cases of violation of the laws of Russia or the commission of an NGO of actions that do not comply with its charter. |
The main form of financial reporting is the submission of an annual financial report to the central authority in the department. NGOs should include in their statutes that they undertake to produce accounts at any request by the Minister of the Interior or a central authority in the department. | Financial control is carried out in accordance with the general procedure for all legal entities. The state attorney general may require the director and employees of a liquidated "corporation" to testify about the assets of the corporation. Foreign NGOs may be subject to scrutiny by the state attorney general. |
Financial control over the activities of NGOs is carried out on a general basis provided for all legal entities in Finland. No external financial audit is provided. |
Control over the financial activities of NGOs is carried out by external auditors. Financial information can be requested from NGOs at any time. Any financial decision concerning an NGO can be challenged in court. Moreover, the registering authority can carry out inspections financial activities NGOs. | NGOs, including foreign ones, are subject to financial due diligence in connection with receiving large subsidies (over $ 16,000) or in cases where their annual income exceeds $ 1 million. 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 compulsory liquidation of a foreign NGO are: - liquidation of the relevant foreign NGO; - refusal to provide information required for financial control over NGOs; - violation of Russian legislation by NGOs; inconsistency of the NGO's activities with its statutory goals. |
Liquidation of NGOs is carried out only on the basis of a court decision. Proceedings in court can begin at the initiative of the person concerned or at the request of the prosecutor. The court can decide to liquidate an NGO if the latter is involved in civil legal relations without notifying the registration authorities about the beginning of its activities. The court decision can be appealed. For failure to comply with a court decision on liquidation, criminal liability is provided (imprisonment for up to 3 years and / or a fine of 45 thousand euros). |
Liquidation of NGOs is carried out by a court decision on the proposal of the Attorney General of the state. 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 statute 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 a court on the basis of a claim from the Ministry of Internal Affairs, the Prosecutor's Office or a member of the NGO. The grounds for the compulsory termination of the organization's activities are generally similar to the grounds provided for by Russian law. | The liquidation of NGOs 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 ignored the warning issued by the registration authority. The grounds for liquidation are similar in meaning to the Russian ones, however, upon the proposal of the person who conducted the investigation, an NGO can also be liquidated by a court order for debts. | Liquidation of NGOs is carried out by a court decision. The grounds for the liquidation of NGOs under Polish law do not differ materially 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 share 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%). Only 20% of Russians are familiar with this phrase today (it was 21%).
The 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 relate this concept to state and municipal structures (24%): “an organization subsidized by the local or state budget”; “Not a private, but a state-owned enterprise”; "This is an organization in which 51% of the government shares." They said that this is an organization that does not aim to make a profit or does not engage in commerce, business, trade, - 10% of respondents ("an organization that does not work for commercial gain"; "do not engage in sales, purchases"; "do not produce anything and do not sell "). They assumed that this is not a state, but a private organization, 2% of respondents. Some (2%) said that it is an unregistered or just a criminal organization: “this is an organization that does not have a license and does not pay taxes”; “An underground organization, someone smacking, sells fake vodka, for example”; “Illegal logging is a non-profit organization”.
We correlated this phrase with public organizations or named specific examples of such organizations (church, dacha cooperative, trade unions, charitable foundations, parties) about 9% of the respondents: “where people work on a voluntary basis”; “Probably the church belongs to this”; "Charitable foundations"; "All sorts of" green "and so on."
Over the past six years, the share of respondents who are confident that non-profit organizations are of great benefit to ordinary citizens has noticeably decreased. Now 11% of the respondents share this opinion (it was 21%). 14% see a small benefit in their activities (it was 18%). About a fifth of the survey participants (19%) said there was no benefit (it 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 are aware of the work of non-profit organizations in their region (six years ago - 12%). The same number of people “heard something” about it (it was 15%). Of those who do not notice the activities of regional non-profit organizations at all, among the respondents there were two-thirds - 67% (it was 48%). Found it difficult to answer this question 17%.
Those who know or at least have heard something about the activities of non-profit organizations in their region were asked to name these organizations. 13% of the respondents answered the question. The organizations that ensure the functioning of the social infrastructure of settlements (hospital, police, social security, post office, kindergartens, social services, etc.) were named by 6% of the respondents. Mentioned manufacturing enterprises, banks, shops, etc. - 2%. Various public organizations (mainly charitable) named 4%: "Memorial"; Doctors Without Borders; Young Family Defense Fund; "School ecological squad"; "A church, probably."
Among the survey participants, 5% 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 knew nothing about the activities of such organizations; 17% found it difficult to answer this question.
Do you know, have 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? (An open question. It was asked by those who said that 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, an enterprise under the control of the state | 24 |
| "State"; “It means municipal”; "Which are under the control of the state"; “Exists at the expense of state investments”; "Closest to government agency"; "Financing organizations from the budget"; "An organization subsidized by a local or state budget"; “Not a private, but a state-owned enterprise”; "This is an organization in which 51% of the government shares." | |
| An organization with no purpose of making a profit, 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 work for commercial gain"; "The organization is engaged in activities not for the purpose of making a profit"; “They are not profit-oriented”; “Apparently, which lacks any commercial activity"; "They are not engaged in sales, purchases"; “Not related to trade”; "An organization far from commerce"; “This is not a business”; “This is an organization that does not buy and resell”; "They don't produce or sell anything." | |
| Public organization, organization where they work on a voluntary basis | 5 |
| "Are engaged social work"; "Possibly public organizations"; "Where people work on a voluntary basis"; “Such organizations are designed to protect the public interest, and not seek benefits for themselves”; "Where they volunteer." | |
| Non-state, non-budgetary organization, private enterprise | 2 |
| "Which works for itself"; "This is property"; "Not state"; "Means, private"; "Not a budgetary organization." | |
| Organization helping people, charitable, religious organization | 2 |
| "Charity"; “Is engaged in charity work”; "Spiritual communities, charity"; " social organizations"; “Probably the church belongs to this”; "Donating money to good deeds." | |
| Organization supported by donations, contributions, etc. | 1 |
| “Which does not make money itself, but is financed by someone”; “… Exists at the expense of donations”; “They themselves do not work, but they receive money from somewhere”; “Exists on donations”; “Exist on sponsorship fees”; "These are organizations that act on contributions from members." | |
| Political organization | 1 |
| "Everyone's green and so on"; "Organizations, parties"; "Political activity"; "Party organizations". | |
| Business organization | 1 |
| "Associated with the purchase and sale"; "Semi-commercial enterprise"; "Business-based activities"; "Hucksters"; "Resellers". | |
| These are funds | 1 |
| "Various funds"; "Some kind of fund"; "Funds - any"; “I heard about non-profit foundations”; "Some funds." | |
| An unregistered organization, an organization that hides its income from the state | 1 |
| "Unlawful"; “This is an organization that does not have a license and does not pay taxes”; "... those who conceal their income"; “Pay in an envelope, not a receipt”; "An organization not registered anywhere"; “Those who do not obey the Russian tax office"; "Underground, illegal". | |
| An organization engaged in deceiving people, stealing | 1 |
| "Deception, they promise more, but when you come, they don't give anything"; "Who are engaged in speculation"; "Scam"; "Some thieves"; "Crooks"; "Designed to deceive people." | |
| Other | 2 |
| “Doesn't apply to anything at all”; "Organizations whose income is open, there is no black cash"; “Illegal logging is a non-profit organization”; "They do not exist, everywhere levies are still going on"; "That works honestly"; "With overseas funding." | |
| 54 | |
In your opinion, is there a benefit from non-profit organizations for people like you or not? And if so, is this benefit large or small?
Do you know, have heard something or know nothing about the work of non-profit organizations in your region (oblast, territory, republic)?
What non-profit organizations work in your region (oblast, territory, republic) do you know or have heard something about? (An open question. It was asked to those who said that they know 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, clinics"; "Social security, post office, kindergarten, school"; "ZhEK, heating system, water utility"; "Social services"; "Social security"; " Pension Fund"; "Police"; "public sector entity"; "Municipal buses"; "Gorgaz" "; "ZAGS, ZhEK"; "Agrarian technical school". | ||
| Public organizations | 4 | |
| Charitable organizations and groups involved in social assistance, protection of human rights, environmental problems | 3 | |
| "The City without Drugs Foundation, Committee of Soldiers' Mothers"; “Chernobyl victims, Afghans, veterans of the Great Patriotic War”; “Green, environmentalists, but they do not work well”; “Charitable, protecting”; "consumer rights Protection"; “Protection of the rights of different groups”; “They are engaged in 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, foundations, societies for different directions"; "unions"; "Professional associations and societies"; “The church, spiritual education leads”; "Religious, political"; "The church, probably"; "Parties". | ||
| Industrial 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; "Trading enterprises". | ||
| Other | 1 | |
| “All organizations, a little bit, non-profit”; “We don’t have such, even KamAZ is already LLC”; "None"; “Nonprofit Organization Associated with Geography Teachers”; "gardening". | ||
| Difficult to answer, no answer | 4 | |
Do you know, have heard something or know nothing about the work of non-profit organizations in other regions of Russia?
A public organization is an association based on a voluntary basis, characterized by the presence of a system of self-government, non-commercial purposes of activity, formation on the basis of citizens' initiative.
The objectives of such organizations are to realize the interests that are proclaimed by the Charter of the community, without obtaining commercial benefits. The task of non-profit associations is also to satisfy the spiritual needs of citizens.
The right to form non-profit structures is confirmed by the Constitution of the Russian Federation and is 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 be forced to participate in the activities of such an organization.
According to the organizer's criterion, public organizations are divided into:
- Associations (formed by individuals);
- Associations (formed by legal entities).
Depending on the purpose of the activity, there are the following 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 a task aimed at satisfying the intangible, spiritual interests of citizens.
Associations are non-profit, therefore obtaining material goods- not a primary task, but, according to the legislation, they can still have some monetary profit.
If the material benefit received by a non-profit organization is used to implement the main goal of its activity, it can be used in the provision of legal services, sales of products.
The main goals and objectives of the activities of public organizations are set out in the statutory document of the legal entity - the Charter. The basis for the formation of a public association is the community of interests of the community members.
The main purpose of the activity depends on the type of public organization:
- Protection of the professional interests of representatives of certain specialties;
- Realization of religious and cultural rights of citizens;
- Educational and educational activities;
- Political activity;
- Development of the local self-government system;
- Development of art and handicrafts, literature, music and other areas of art.
Legal basis for the functioning of public organizations
The basis for the functioning of public organizations is the norms of Russian legislation in the field of civil law.
Key points are fixed in the Constitution - the main law of the Russian Federation.
Features of activity are regulated by laws federal level, regulatory legal acts.
State registration of a public association
State registration of public associations is required to start active activities. 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 must be made by the federal authorities that have powers in this area.
When such a decision is made, the company is entered into the Unified State Register of Legal Entities. Important role in registration, on the basis of legislation, the Federal Tax Service plays.
According to the law, the registration of non-commercial legal entities is carried out according to the general rules for the registration of legal entities. Companies whose main purpose is trade union activity are entered into the register by notification; 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 members of 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 the members of the community.
A legal entity can 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.
Association 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 through unification.
The goals of the activity can be aimed at achieving a socially significant idea, interests and benefits for citizens, 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 into the following types of communities:
- Union or association;
- Fund;
- Autonomous non-profit organization.
Reorganization into a public organization in reverse direction can only be realized from an association.
Conversion 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, also an individual entrepreneur, that is, my own individual entrepreneur. Now I am interested in the issue of registration of a public organization, most likely the creation of an association. How does this need to be formalized?
Sandra 06/16/2019 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 08.08.2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs". According to the law, in order to formalize a public association in the structures of the executive power, the will of at least three natural persons-founders and the corresponding documents are required. At the same time, the registration of such a company is carried out after the founders at a general vote decided to create a legal entity, approved the charter and formed the leadership. At the moment, the Ministry of Justice of the Russian Federation deals with the issues of registration of public organizations. The Ministry of Justice and its regional branches make decisions on the state registration of the association, including issues of its creation, reorganization or liquidation. All changes in the constituent documents and the inclusion of a certain union in the Unified State Register of Legal Entities. Our experts are ready to help you register a public organization. There is a 50% discount for you using the promo code of the Free Legal Advice Service.
Sergey Sazonov 17.06.2019 13:20
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Contact us, we will help you.
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 assigned to a group of members of this organization in the area? What documents can provide for 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" of 12.01.1996 N 7-FZ, The constituent documents of non-profit organizations are:
the charter approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budget institution;
the charter or, in the cases established by law, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, the regulations approved by the relevant body exercising the functions and powers of the founder for a state institution;
the memorandum of association concluded by their members and the articles of association approved by them for the association or union;
Founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a memorandum of association.
In cases provided by law, a non-profit organization may act on the basis of general position about organizations of this type and type.
3. In the constituent documents of a non-profit organization, the name of the non-profit organization must be determined, 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 the activities, the subject and purpose of the activities, information about branches and representative offices, the rights and obligations of members, conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of the 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.
V memorandum of association 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 participation in its activities, the conditions and procedure for the withdrawal of the founders (participants) from its composition.
The charter of the foundation must also contain the name of the foundation, including the word "foundation", information about the purpose of the foundation; instructions on the bodies of the foundation, including the board of trustees, and on the procedure for their formation, on the procedure for appointing officials of the foundation and their release, 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), a non-profit partnership must also contain conditions on the composition and competence of their governing bodies, the procedure for making decisions, including on issues on which decisions 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-profit partnership.
The charter of a budgetary or public 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 public institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, competence governing 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-commercial organization may contain other provisions that do not contradict the legislation.
20.06.2019 21:49
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foreclosure by the bailiff service on property
Can the bailiffs foreclose on the ownership of the property and funds of a member of a public organization transferred to a public organization for the implementation of statutory activities? enforcement proceedings are carried out under a criminal fine by a court verdict
Dmitry 05/07/2019 08:57
Good evening! FSSP application https://fssprus.ru/fssp_mobile
Term of execution of a writ of execution by bailiffs
What can the bailiffs in the apartment describe?
In order not to waste time on bailiffs, there is a great way to pay off debts, namely: the debtor asks the collector Bank details and transfers monthly (electronically or replenishes the claimant's card in cash) without fail keeping receipts. THE MAIN IMPORTANT WHEN TRANSLATING OR REPLENISHING - SPECIFY THE NAME OF THE TRANSLATION. FOR EXAMPLE "PAYMENT BY RESOLUTION / RESOLUTION (name of the court) dated 09.11.2018 This option of settlement with a claimant will create the most comfortable conditions for repayment and settlement of debts. To transfer alimony, open a bank account / accounts for children and transfer to them alimony.
The car is arrested by the bailiffs, what to do
Can the bailiffs describe the property of the parents for the debts of the children?
How much can bailiffs withhold from salary if there are children
Do bailiffs have the right to withdraw money from pension
Do bailiffs have the right to open an apartment without an owner? (Civil Code of the Russian Federation Article 388. Conditions for 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 arrest 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, gift, electronic receipts, bank statements, acts of inheritance, draw up a simple purchase and sale agreement; in the absence of any documents, it is necessary to ask employees to send inquiries to organizations where they can confirm the ownership of a particular item of property. This procedure can take a long time, during which the property will be seized; when it is impossible to determine the 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 an application of the established form and wait for the start of the case in court. It is important to note that the person sending such a letter can be not only the owner of the thing himself, 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 the Federal Law No. 229 dated 01.02.2008. The list is as follows: an apartment, house or other dwelling that is considered the only place of residence (if it is not the subject of a pledge); things for individual use for everyday use in the everyday sense; personal medals, orders and other awards; means of transportation used to earn money, work; materials for heating activities and food preparation; finances equal to the subsistence minimum established in the region.
Any illegal step of the FSSP representative 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 claim in court. Each case is considered separately, and upon proof of excess of authority, the things 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 stipulated by federal laws - 50 percent of the wages owed to the employee. According to the Labor Code of the Russian Federation, the amount of wages withheld against 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 rule (for example, alimony) - 70%. The most common rate is 50% withholding from wages on credit debt. If the borrower has children, then the amount of 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 for budgetary basis- thirty%. The death of a spouse and the presence of minor children - 25%. The death of a spouse and the absence of minor children - 50%. According to the law, the court cannot withhold 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 clause 12, h. 1, Art. 101 of the Federal Law "On Enforcement Proceedings" of 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 to be levied execution on executive documents.
Article 446 of the Civil Procedure Code of the Russian Federation and Article 101 of the Law on Enforcement Proceedings contain information about which property is not subject to seizure: the only housing, if it is not bought on credit and is not mortgaged (when it comes to private house, the land on which he stands cannot be arrested either); daily necessities, personal belongings, Appliances within the framework 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; pets and poultry kept not for profit, as well as the pastures, feed and buildings necessary for them; seed fund for future plantings; firewood, coal and other substances necessary for heating premises 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 which property cannot be seized, it is worth remembering that there is a fairly extensive list of benefits, additional payments, payments protected from collection, including: compensation for damage to health; payment for the loss of a breadwinner, injury or death in the performance of professional duty, victims of disasters; subsidy for the care of a disabled person; federal co-payments for the purchase of drugs, fares, etc .; alimony; travel and depreciation; birth, death benefit (funeral benefit) or on the occasion of marriage; social insurance payments (exceptions - pensions and sick leave); child allowances and capital, state aid to victims of a terrorist attack or the death of a close relative; financial assistance provided by benefactors; compensation for a tourist trip.
Carefully read the documents in the enforcement proceedings. Take pictures of 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) the seal of acceptance. If you do not receive an answer within 10 days, complain to the FSSP Office of 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 / omissions of the bailiff.
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Saibotalov Vadim Vladimirovich 11.05.2019 21:30
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I agree with my colleague.
Fedorova Lyubov Petrovna 12.05.2019 09:50
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Educational activities
Good afternoon. Does the public organization have the right to polls and questionnaires among children at school. How to correctly refuse.
Natalia 04/23/2019 11:10
The legislation does not prohibit the conduct of questionnaires 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"competence educational organization in the established field of activity include:
1) development and adoption of rules internal regulations 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 staffing table unless otherwise provided by the regulatory legal acts of the Russian Federation;
5) recruitment of employees, conclusion with them and termination labor contracts, unless otherwise provided by this Federal Law, the distribution of job duties, the creation of conditions and the organization of additional vocational education workers;
6) development and approval educational programs educational organization;
7) development and approval by agreement with the founder of the development program of the educational organization, 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 organizations carrying out educational activities, and teaching aids approved for use in the implementation of these educational programs by such organizations;
10) monitoring the progress and intermediate certification of students, establishing their forms, frequency and procedure;
10.1) encouragement of students in accordance with the types and conditions of incentives established by the educational organization for success in educational, physical culture, sports, public, scientific, scientific and technical, creative, experimental and innovative activities, unless otherwise provided by this Federal Law;
11) individual accounting of the results of mastering educational programs and incentives for students by students, as well as storing information in archives about these results and incentives on paper and (or) electronic media;
12) the use and improvement of teaching and education 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 with a boarding school, the necessary conditions for the maintenance of students;
15) creation of the necessary conditions for the protection and promotion of health, organization of meals for students and employees of the educational organization;
15.1) organization of social and psychological testing of students for the purpose of early detection of illegal consumption of narcotic drugs and psychotropic substances in the manner prescribed federal body the executive branch responsible for the development of state policy and legal regulation in the field of education;
16) creating conditions for students to engage in physical culture and sports;
17) purchase or production of forms of documents on education and (or) on qualifications, medals "For special achievements in learning";
19) assistance to 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 the 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.
Saibotalov Vadim Vladimirovich 11.06.2019 21:19
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I agree with my colleague.
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 work. The authorities obliged me, in addition to my responsibilities, 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 charge me incentive payments that make up the majority of my salary? Thanks.
Evgeniya 04/22/2019 10:29
According to Art. 135 of the Labor Code of the Russian Federation,remuneration systems, including the size of wage rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and allowances of an incentive nature and a bonus system are established collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.
The employer determines the conditions, procedure for payment and withdrawal of incentive charges, as well as their size.
This is possible if it is provided for by the bonus regulations.
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Saibotalov Vadim Vladimirovich 14.06.2019 20:10
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I agree with my colleague.
Fedorova Lyubov Petrovna 15.06.2019 08:50
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wage
Managers or founders must be obliged to receive wages? If so, what is the minimum?
Victor 03/29/2019 12:11 PM
Public organization
Good afternoon. The regional society of beekeepers was 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 public or are we ordinary people just being led by the nose. Victor
Victor 12/08/2018 13:15
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Dubrovina Svetlana Borisovna 08.12.2018 13:21
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I agree with my colleague.
Zakharova Elena Alexandrovna 09.12.2018 11:00
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legal basis for the activities of a public organization
ekaterina 11/20/2018 11:11 PM
Hello! The activities of unions of public associations are governed 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, except for 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-commercial 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 the prior permission of state authorities and local self-government bodies, as well as the right to join such public associations.
Andrey Predtechensky 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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