Association of citizens without forming a legal entity. Public association (organization) without registration of a legal entity. Status of a simple association of citizens

  • 12.06.2021

In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

  1. All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. Currently, the Russian Federation consists of 85 subjects. Absence required amount structural divisions is a violation and may lead to the liquidation of the public association. The inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
  2. Interregional public association carries out its activities in the territories of less than half of the subjects Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have a special structure, which, as a rule, consists of regional and local branches.
  3. Regional public association, the activity of such an association in accordance with its statutory goals is carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates in Moscow.
  4. local public association operates within the territory of only one body local government. For example, the local public regional organization of motorists Losinoostrovskaya operates on the territory of the intracity municipality Losinoostrovskoe city of Moscow.

Branches entitled to acquire rights legal entity and is also entitled to carry out activities on the basis of its charters registered in the prescribed manner. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it should have at least three members- representatives this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) public associations.

Reading 3 min.

There was a need to create a public organization to streamline activities. The Federal Law “On Public Associations” states that it is possible to create public organizations without forming a legal entity. However, the procedure is not entirely clear. If state registration is required when creating an organization with a legal entity, is it not required without the formation of a legal entity? If not required, then you just need to write the Charter (do I need to certify it somewhere and how to make sure that it is drawn up according to all the standards correctly?) And convene a general meeting with the minutes? Please explain the procedure.

Lawyers Answers

Hello Ruslan Tabolin.

Yes, without the formation of legal entities of the state. registration is not required, but such an association does not have the rights of a legal entity.

Public associations are created on the initiative of their founders - at least three individuals. Among the founders, along with individuals may include legal entities - public associations.

Decisions on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies are taken at a congress (conference) or general meeting. Since the adoption these decisions a public association is considered to be established: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes the obligations provided for by the Federal Law “On Public Associations” (Article 18 of the Federal Law “On General ..”)

You write the charter, at the general meeting you approve and elect the governing bodies. Yes, protocol.

The charter of a public association must provide for:

1) the name, goals of the public association, its organizational and legal form;

2) the structure of the public association, the governing and control and auditing bodies of the public association, the territory within which the given association operates;

3) the conditions and procedure for acquiring and losing membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);

4) the competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

5) the procedure for introducing amendments and additions to the charter of the public association;

6) sources of formation of funds and other property of the public association, the rights of the public association and its structural subdivisions for property management;

7) the procedure for reorganization and (or) liquidation of the public association.

The charter of a public association may contain a description of the symbols of this association.

The charter may also provide for other provisions relating to the activities of a public association that do not contradict laws.

The legal capacity of a public association as a legal entity arises from the moment state registration of this association.

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

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

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

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

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

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

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

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

These species are included in the list commercial organizations, whose activities are regulated by the norms of the Civil Code, Federal Laws "On Non-Commercial Organizations", "On Public Associations".

The goals of creating public organizations, their activities

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

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

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

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

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

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

Legal basis for the functioning of public organizations

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

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

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

State registration of a public association

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

Federal Law "On State Registration of Legal Entities and individual entrepreneurs” states that the decision on the possibility of registration should be made by the federal authorities that have authority in this area.

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

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

Features of property relations within public organizations

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

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

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

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

Consolidation of public organizations into associations (unions)

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

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

Individuals and legal entities can unite in unions.

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

Transformation of a public organization

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

Legal Entity Conversion of this type possible in the following types of communities:

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

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

Transformation is possible only in the manner prescribed by law.

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creation of a public organization

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

Sandra 16.06.2019 09:47

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

Sazonov Sergey Vladimirovich 17.06.2019 13:20

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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 given to a group of members of this organization in the area? What documents can ensure the activities of this group?

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

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

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

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

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

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

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

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

In the founding agreement, the founders undertake to create a non-profit organization, determine the procedure for joint activities on the creation of a non-profit organization, the conditions for the transfer of its property to it and participation in its activities, the conditions and procedure for the withdrawal of founders (participants) from its composition.

The charter of the fund must also contain the name of the fund, including the word "fund", information about the purpose of the fund; instructions on the bodies of the fund, including board of trustees, and about the order of their formation, about the order of appointment officials fund and their release, the location of the fund, the fate of the property of the fund in the event of its liquidation.

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

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

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

20.06.2019 21:49

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foreclosure by the bailiff service on property

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

Dmitry 07.05.2019 08:57

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

Deadline for the execution of a writ of execution by bailiffs

What can bailiffs describe in an apartment

In order not to waste time on bailiffs, there is great way payment of debts, namely: the debtor asks the creditor for bank details and transfers monthly (electronically or replenishes the creditor's card in cash) without fail keeping the receipts. THE MAIN THING WHEN TRANSFER OR REPLENISHMENT - SPECIFY THE NAME OF THE TRANSFER. FOR EXAMPLE "PAYMENT BY DECISION / DECISION (name of the court) dated November 9, 2018. This option of settlement with the collector will create the most comfortable conditions for repayment and settlement of debts. To transfer child support, open a personal account / accounts for children in the bank and transfer to them alimony.

The car is arrested by the bailiffs, what to do

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

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

Do bailiffs have the right to withdraw money from a pension

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

Can bailiffs seize a credit account

Which accounts cannot be arrested by bailiffs

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

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

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

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

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

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Saybotalov Vadim Vladimirovich 11.05.2019 21:30

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Agree with colleague.

Fedorova Lyubov Petrovna 12.05.2019 09:50

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Educational activities

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

Natalya 04/23/2019 11:10

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

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

1) development and adoption of internal regulations for students, internal work schedule, 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, unless otherwise established by regulatory legal acts of the Russian Federation;

5) hiring employees, concluding with them and terminating employment contracts, unless otherwise established by this Federal Law, the distribution official duties, creation of conditions and organization of additional vocational education workers;

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

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

8) admission of students to an educational organization;

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

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

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

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

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

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

14) provision in an educational organization that has a boarding school, necessary conditions student content;

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

15.1) organization of socio-psychological testing of students in order to early detection of illegal consumption drugs and psychotropic substances in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of education;

16) creating conditions for students to study physical culture and sports;

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

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

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

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

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

Saybotalov Vadim Vladimirovich 11.06.2019 21:19

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Fedorova Lyubov Petrovna 12.06.2019 09:05

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Public organizations

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

Eugene 04/22/2019 10:29

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

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

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

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Saybotalov Vadim Vladimirovich 14.06.2019 20:10

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Fedorova Lyubov Petrovna 15.06.2019 08:50

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wage

Managers or founders are required to receive wages? If yes, what is its minimum?

Victor 03/29/2019 12:11

Social organization

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

Victor 08.12.2018 13:15

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Dubrovina Svetlana Borisovna 08.12.2018 13:21

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Zakharova Elena Alexandrovna 09.12.2018 11:00

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legal basis for the activities of a public organization

Catherine 20.11.2018 23:11

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

Predtechensky Andrey 21.11.2018 10:51

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I fully agree with my colleague.

Shafir Mikhail Semenovich 22.11.2018 16:22

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You will also find the following articles helpful

Public organizations are associations of citizens created on a voluntary basis in accordance with the norms of the current legislation. The basis of their formation is a community of interests.

The purpose of the activity is to satisfy the needs of a material and spiritual nature. The main document regulating the activities of such an organization is the charter.

Differences between public organizations

Unlike other non-profit organizations, public organizations are created on the basis of membership. The founders also act as members and cannot count on any preferences. The task of the participant is to pay membership and property fees, and also retains right to withdraw. Membership is not alienated, powers are not transferred to another person.

Participants are not liable for the obligations of the enterprise and vice versa. The main differences between public organizations are regional affiliation. They can be all-Russian (functioning on the territory of more than 50% Russian subjects), interregional, regional (work only on the territory of a particular region), local (within the territory of a local government).

non-profit

Unlike NGOs, as already mentioned, there is a membership in the PA, where each participant has his own rights and obligations.

Autonomous

Such an organization operates autonomously, independently, that is, it is not tied to other enterprises.

Without formation of a legal entity

Not all PAs have the status of legal entities. If this is not necessary, the formation of a legal entity is not carried out.

All-Russian

Such an organization operates on the territory of more than half of the constituent entities of the Russian Federation (regions).

Sports

Sports NGO assumes the goal of providing sports events and shaping the habit of playing sports among the population.

Regional

The organization of such a plan operates on the territory of only one region. If their number is large, we are talking about an inter-regional NGO.

Ecological

The purpose of the formation of the NGO is to maintain the environmental situation on the ground in the norm and develop measures to improve it.

How to draw up and approve the charter

The Charter is a constituent document that reflects the rights and obligations of participants, the conditions for admission to and exit from an NPO. Registration takes place on A4 paper, the number of copies is 2. All pages of the document are subject to numbering and stitching. On the last sheet, the total number of sheets is indicated, a stamp is placed.

Based on the template, each PA can develop its own form. Its approval must occur before the actual registration. The application contains information about the fact of its acceptance. It contains the following details:

  • date and place;
  • body that accepted the document.

Content Requirements

In the process of developing a sample document, it is necessary to provide for the inclusion in it following data:

  • name of the NPO;
  • place of stay;
  • purpose of creation and actual activity;
  • participation/withdrawal procedure;
  • composition of members;
  • procedure for making new decisions;
  • property rights and obligations;
  • nuances of the distribution of property in the process of liquidation.

The document must be several sections. It is best to include general provisions, rights and obligations of the parties, as well as responsibility for certain phenomena and events.

Each section should have clear paragraphs for clarification purposes. This will avoid disagreements during the practical use of the document, as well as prevent violations of the current legislation and infringement of the rights of other participants.

charter sample

There are three types of NPOs - a public organization, a foundation and an association. The document template for each of them is almost the same except for some differences.

Social organization

Public organization represents association of citizens (non-governmental), initiated on a voluntary basis. The basis for its creation is a commonality of goals and interests.

Most often, when it is created, a legal entity is drawn up, which also requires the drafting of a charter. Therefore, many data are copied from it and supplemented taking into account the wishes and preferences of all participants.

Public fund

A public fund is commonly understood as a type of non-profit fund that does not have membership and is created to form property on the basis of voluntary contributions. It pursues charitable, as well as educational, cultural, social and other socially useful targets.

The charter prescribes their list, as well as the amount of funds that will be accepted by the fund, and the direction of their spending.

Public association

A public association is understood to mean formation of a non-profit type, created on a voluntary basis, based on the initiative of citizens. In accordance with the norms of the Constitution of the Russian Federation (Article 30), everyone can create associations and participate in them, but no one can be forced to do so.

The charter, as in previous cases, indicates the goals of creating public associations, the list of participants, the rights and obligations of the parties, responsibility for violations of the law, etc.

The procedure for registering a public organization is presented below in the video.

Preparation of additional reporting

Federal Law No. 402 states that public organizations, as well as their subdivisions that do not carry out commercial activity, once a year rent list of documents:

  • balance sheet;
  • accounting report on profits and losses;
  • certificate of the intended use of funds.

Reporting must be sent to regional office Ministry of Justice. The remaining documents are submitted for VAT, property tax (quarterly), personal income tax (when making payments to individuals).

Treaty

Most often public organizations are the following types of agreements:

  • provision of paid services;
  • use of property;
  • goods supply;
  • purchase and sale.

It is also customary to conclude commission agreements, agreements for receipt and storage. The contractor's task is to make sure that the text of the contract is consistent with the goals of the organization.

Decree

The decision is made on the basis of the decision of the collegiate governing body of the public association. The document is administrative and includes two sections.

One of them is stating, the other is instructive. The decision, upon completion of its preparation, must be signed by the secretary and representative.

Protocol

The form of the document does not have a special approval, therefore, in practice, the document used for joint-stock companies. For this reason, the document must include requisites:

  • place and date;
  • initials and full name of the chairman;
  • agenda;
  • provisions of meetings and speeches of participants;
  • issues to be resolved within the framework of voting;
  • results;
  • decisions made.

First, a draft is drawn up. Within three days it is necessary to issue a clean copy.

Letter

The letters act as means of communication for individual entrepreneurs, organizations, as well as tools for notification of the occurrence of certain events.

To draw up a document, it is necessary to study the essence of the issue, collect information, write, agree, sign the leaders. Details contained in the form the following:

  • logo;
  • title;
  • information about the organization;
  • the date;
  • registration number;
  • destination;
  • text part;
  • application note;
  • information about the performer;
  • signature.

Disposition

The document is issued in order to address current issues of an urgent nature, related, for example, to personnel records management. Registration takes place in accordance with the orders of the public organization.

Authorized capital

The authorized capital is the funds that are needed to extract profit from the activity. In this regard, an NPO cannot have authorized capital. Instead, she uses sponsorship funds without receiving financial benefits. This is the foundation of the organization.

A description of the charter of an autonomous non-profit organization is presented below in the video.