Features of the activities of public organizations. Basic provisions on public organizations

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

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

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

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

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

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

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

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

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

The goals of creating public organizations, their activities

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

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

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

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

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

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

Legal basis for the functioning of public organizations

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

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

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

State registration of a public association

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

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

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

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

Features of property relations within public organizations

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

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

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

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

Consolidation of public organizations into associations (unions)

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

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

Individuals and legal entities can unite in unions.

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

Transformation of a public organization

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

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

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

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

Transformation is possible only in the manner prescribed by law.

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creation of a public organization

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

Sandra 16.06.2019 09:47

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

Sazonov Sergey Vladimirovich 17.06.2019 13:20

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21.06.2019 10:30

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20.06.2019 21:49

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foreclosure by the bailiff service on property

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

Dmitry 07.05.2019 08:57

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

Deadline for the execution of a writ of execution by bailiffs

What can bailiffs describe in an apartment

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

The car is arrested by the bailiffs, what to do

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

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

Do bailiffs have the right to withdraw money from a pension

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

Can bailiffs seize a credit account

Which accounts cannot be arrested by bailiffs

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

Any illegal step of the 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 the work of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of the deceased at work; 5. Payments to a citizen caring for a disabled person of group I; 6. Accruals during the period of dismissal of an employee. In accordance with the norms of paragraph 12 of part 1 of Art. 101 of the Federal Law "On Enforcement Proceedings" dated October 2, 2007 No. 229-FZ for benefits to citizens with children, the accrual of which is made from the federal or regional budget (including off-budget state funds - FSS, PFR and MHIF) cannot be levied on enforcement documents.

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

Carefully read the documents in the enforcement proceedings. Photograph all documents in production. If you disagree with the production materials, 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", tothe competences of an educational organization in the established field of activity include:

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

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

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

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

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

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

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

8) admission of students to an educational organization;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Saybotalov Vadim Vladimirovich 11.06.2019 21:19

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

Eugene 04/22/2019 10:29

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

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

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

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Saybotalov Vadim Vladimirovich 14.06.2019 20:10

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Fedorova Lyubov Petrovna 15.06.2019 08:50

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wage

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

Victor 03/29/2019 12:11

Public organization

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

Victor 08.12.2018 13:15

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Dubrovina Svetlana Borisovna 08.12.2018 13:21

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Zakharova Elena Alexandrovna 09.12.2018 11:00

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legal basis for the activities of a public organization

Catherine 20.11.2018 23:11

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

Predtechensky Andrey 21.11.2018 10:51

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I fully agree with my colleague.

Shafir Mikhail Semenovich 22.11.2018 16:22

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You will also find the following articles helpful

How to create a public organization: varieties 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, to avoid unrest, their activities are controlled.

Each organization has the following distinctive features from other types of public:

  1. Charter.
  2. Meeting minutes.
  3. Leading body.
  4. Having a membership.

Such a factor as the presence of membership distinguishes a public organization from a social movement.

Let's take a closer look, how to start a community organization what is necessary for this and how not to violate the law.

What is a public organization and why is it needed?

public organization considered to be an association between certain segments of the population who come together on the basis of common interests, or by pursuing and advocating 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 in this way as non-profit.

Usually they are created with the aim of implementing projects that may be related to creative activity, the establishment of the cultural and social life of society, the defense of one's own interests, etc.

Such associations help to improve the quality of life, since like-minded people have the opportunity not only to gather to discuss a particular problem, but also to successfully look for ways to solve it.

In the case of the official registration of such an alliance, it becomes possible to convey their ideas and requirements to higher authorities and influence what is happening within a certain territory.

According to the subject, it is possible to identify the following main varieties, the most relevant today:

  • Humanitarian
    • — protecting human rights and providing assistance;
  • Environmental protection - focusing public attention on environmental problems;
  • Animal protection - the fight against 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 global public organizations include the following:

  • Red Cross- provide assistance to those who are victims of various conflicts (wars, etc.), as well as help to eliminate the consequences of natural disasters.
  • Greenpeace— position themselves as defenders of nature from the results of civilization and various tests of nuclear weapons.
  • Doctors of the world- they are provided in the countries of the "third world", where there is no way to get it.
  • Scouts is an example of a youth meeting whose members have the opportunity to gain knowledge about survival in the wild. Enables children to interact safely with their environment.

The presence of such examples will help to more clearly define the purpose of creating public organizations.

The topics and interests of any registered or unregistered association that performs any actions cannot in any way intersect with extremist and terrorist activities.

5 steps to create a public organization

The Ministry of Justice is in charge of formalizing the new public and social formations in each city.

Three or more individuals will be required to create. An interesting fact is that not only an individual can act as a founder, but also, moreover, not even one.

The process of creating a public organization can be divided into 5 successive stages:

  1. Consultation on all legal and organizational issues with a lawyer.
  2. Preparation and collection of documentation.
  3. Payment of a fee in the amount of about 4000 rubles.
  4. Waiting for registration confirmation.
  5. Registration .

List of required documents:

  • application for registration;
  • management information;
  • documents and information about all founders;
  • protocol from the meeting of founders;
  • statutory documents;
  • receipt of payment of 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:

  • the decision to establish an organization;
  • decision on the approval of the charter;
  • decision about the choice of organs.

As mentioned above, the activities of public organizations are regulated by law, and you can learn more about the rules that regulate it using the following documents:

  • Constitution;
  • Civil Code;
  • Law on Public Associations.

In the case of the creation of any public non-profit union, it will be necessary to work closely with these legislative acts.

In this case, it is desirable to pay attention to such points:

    Every person who has reached a certain age and has citizenship, or a group of people, has the full legal right to associate 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)

  1. It is not necessary for public organizations to be officially registered, and there is also no need to obtain prior 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)

    2. It is important to know: in the event that the chosen legal form of the 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 return to how to still register an organization, then a consistent question arises about who can be its founder and who can become its member.

To become 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 money laundering and sponsoring terrorism;
  • persons who are imprisoned by court order.

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 as in the case of an enterprise's charter, should consist of the following elements:

  • full title;
  • the main goal (goals, if there are several of them), interests and main type of activity;
  • management and leadership bodies;
  • certain territories within which it operates;
  • the conditions under which one can gain or lose membership;
  • the period for which governing authority will be granted, 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 property and the method of their control;
  • order of how it is liquidated and reorganized.

Depending on the features, subject and purpose, the charter may also contain additional clauses.

Some youth associations allow children from 14 years old, and children from 8.

After approval, the charter must be submitted in three copies, two of which are stitched, signed and numbered pages.

Together with the charter, they provide protocols on how the leader was chosen and the organization was created.

3) Possibilities 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 expands upon obtaining official status, we can conclude 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 steps:

  1. Choice of legal form.
  2. The main ideas, goals, and objectives are determined.
  3. Choice of governing bodies.
  4. Approval of 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, according to its goals, as well as on all monetary transactions, if the goal implies their presence.

Based on all of the above, we can conclude that in the absence of a timely report on the main actions of the organization, it will be withdrawn 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 is 3 years. Otherwise, the organization will be liquidated and considered as such that it has completely ceased any activity.

How to create a public organization?

First of all, you have to figure out how to register it:

Conclusion on the creation of a public organization

Completely determine the stages of creation and activities 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, you should carefully read the order "On the rules for considering applications for registration of public associations" (No. 19 - 01 - 122 - 97).

Before starting a public organization, it is worth determining whether the chosen legal format is suitable for the ideas that it pursues.

In any of the cases, you can take your time with registration at the time of creation, especially if there is no need for this.

Since this type of activity is considered completely non-profit, it should be understood that the creation of public associations as a profitable business does not make any sense, and in some cases is even punishable by law.

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A public organization without registration of a legal entity can be created within the framework of the current legislation.So, how can a public organization be formed without registering a legal entity?

In Art. 7 of the law on public associations says that public associations can be created in the following organizational and legal forms: organization; motion; fund; institution and others.

Thus, in our case, “organization” is a form of “public association”. For the purposes of the article, we will consider these two terms (organization and association) as synonyms.

Advantagesassociations without registration of a legal entity

  • The creation of a public association will be achieved directly through the association of individuals.
  • There is no need to go through the procedure of registering a legal entity through the justice authorities.
  • No need to keep tax records, maintain an accountant, etc.
  • It is possible to apply to state authorities in writing and receive official responses addressed to a public organization.

Examples of the work of a public organization without forming a legal entity

For example, I can cite the Krasnodar public movement "Union of real estate investors". This organization was created on the basis of the protocol and the adopted charter. The organization applied to the authorities, received official responses, led public life, and participated in various events. Thus, the organization achieved its statutory goals, which in general terms were designated as the protection of the rights of equity holders in the city of Krasnodar. The organization was created in 2016 at a time when the rights of shareholders in the city of Krasnodar were seriously violated. At the same time, the organization had nothing to do with the authorities. Moreover, the creation of this organization "provoked" the authorities of the city of Krasnodar to create in parallel the "Association of equity holders of troubled houses." I don’t know how successful the Krasnodar public movement “Union of Shareholders” is currently operating, but it is an excellent example of the activity of a public organization without forming a legal entity

What is needed to create?

To create a public organization without forming a legal entity, you need three founders, a protocol and a charter.

The protocol and the charter can be taken any suitable for the format of your activity.

The minutes should reflect the decision to create a public organization, about the governing bodies (the Board, the Chairman of the Board or simply the Chairman).

Legal basis of activity

The activities of public organizations are regulated by the Federal Law "On Public Organizations", the Civil Code, the Federal Law "On Non-Commercial Organizations".

I will give the main provisions of the laws regulating the activities of public organizations without forming a legal entity.

Article 5. Federal Law "On Public Associations"

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of a public association. The right of citizens to create public associations is realized both directly through the association of individuals and through legal individuals are public associations.

Another article:

Article 18

Public associations are created on the initiative of their founders - at least three individuals. The number of founders for the creation of certain types of public associations may be established by special laws on the respective types of public associations.

Along with individuals, the founders 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. From the moment these decisions are made, 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 this Federal Law.

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

Thus, the law provides that citizens can create public associations, including in the form of public organizations and public movements. At the same time, these organizations acquire the rights of legal entities only after appropriate registration. Lack of registration does not prevent the organization from operating without forming a legal entity.

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

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

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

By having membership, a public organization differs from a social movement, in which membership is not required.

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

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

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


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See what "Public Organization" is in other dictionaries:

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

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

    PUBLIC ORGANIZATION Law Dictionary

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

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

    PUBLIC ORGANIZATION Legal Encyclopedia

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

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

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

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

Books

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

Russian Agrarian Movement (RAD). All-Russian public organization.

Sports Russia. All-Russian voluntary society.

Central Union of Consumer Societies of the Russian Federation.

ROSTO-DOSAAF. Russian Defense and Sports Technical Organization.

Russian Youth Union. All-Russian public organization.

All-Russian Society of the Deaf. All-Russian public organization.

All-Russian Order of the Red Banner of Labor Society of the Blind. All-Russian public organization.

Russian women's movement. All-Russian public organization.

"Young Guard of United Russia". All-Russian public organization.

Fleet support movement. All-Russian social movement.

Association of law enforcement officers of the Russian Federation (ARPO). All-Russian public organization.

All-Russian Society for the Protection of Historical and Cultural Monuments (VOOPIK).

Union "Chernobyl" of Russia. All-Russian Union of Public Associations.

Union of Architects of Russia. All-Russian public organization.

Union of Composers of Russia. All-Russian public organization.

Society "Knowledge" of Russia. All-Russian public organization.

Committee of National and Non-Olympic Sports of Russia. All-Russian public organization.

Lawyers for human rights and a decent life. All-Russian public organization.

Union of families of military personnel of Russia. All-Russian public charitable organization.

All-Russian public organization of war veterans in Afghanistan.

Union of Transport Workers of Russia. All-Russian public.

Russian Motor Transport Union. All-Russian public organization.

All-Russian Society of Motorists. All-Russian public organization.

National Union of Beekeepers of Russia. All-Russian public organization.

All-Russian Order of the Red Banner of Labor Society for the Protection of Nature (VOOP). All-Russian public organization.

Pedagogical Society of Russia. All-Russian public organization.

Business Russia. All-Russian public organization.

Union of Pensioners of Russia. All-Russian public organization.

Support of Russia. All-Russian public organization of small and medium business.

Russian Union of Taxpayers. All-Russian public organization.

Union of Gardeners of Russia. All-Russian public organization.

Trade Union of Oil and Gas Industry and Construction Workers of the Russian Federation (Neftegazstroyprofsoyuz RF).

Assembly of Peoples of Russia. All-Russian public organization.

Union of Consumers of the Russian Federation. All-Russian public organization.

All-Russian association of public associations of hunters and fishermen. Public association.

Union of Borrowers and Depositors of Russia. All-Russian public organization.

The specific organizational forms of relations between state structures and public associations are also varied. These include direct meetings of representatives of state structures - up to the first persons of the state - with representatives of public associations, participation of public associations in holding joint meetings with state authorities, taking into account their opinions when adopting normative and organizational and administrative acts, joint development of certain decisions . Such meetings usually take place both on a regular basis and spontaneously, in response to a social demand unexpectedly formed in society.

An example from practice. So, in late 2011 - early 2012, the issue of tightening the rules of individual fishing in order to combat poaching was acute, which caused a mixed reaction in society, and on January 11, 2012, then Prime Minister V. Putin met with representatives of public organizations amateur anglers. Meetings of representatives of state structures with representatives of public associations provide an opportunity not only to promptly respond to pressing problems, but also to send a signal to society that certain issues are in the focus of attention of the authorities. For example, the topic of one of the traditional meetings of the head of Ulyanovsk with representatives of public organizations in 2012 was the development of inclusive education and the organization of summer holidays for families with disabled children, as well as the action plan for the year of equal opportunities in 2013.

Another important issue for the government and society is the lack of tolerance in society. In particular, a seminar for representatives of public organizations on the topic "Educational technologies for the formation of tolerance in the conditions of the activities of public organizations" was devoted to him. The seminar was held by the Committee for Interaction with Public Organizations and Youth Affairs of the Murmansk Region on the basis of the Murmansk Academy of Economics and Management, and the participants of the seminar were the leaders and leaders of youth public organizations in the cities of the Murmansk Region, for example, the youth public organization "Leaders of Lapland".

The practice of creating consultative and advisory bodies formed under various state authorities (councils, commissions, etc.), public chambers, the procedure for the creation and implementation of which is regulated by legislative acts adopted at the federal and local levels, has also become widespread. Within the framework of such interaction, public associations have the opportunity to express their opinion on the policy being pursued. The impact of public associations on public authorities is a legitimate goal of their relationship. The state, in fact, in many cases delegates certain powers to public associations, if necessary.

An example from practice. An indicative fact: at the end of 2012, the formation of a new composition of the Council under the President of the Russian Federation for the development of civil society and human rights was completed, which included numerous representatives of public associations of Russia, such as the regional public organization "Center for the Promotion of Criminal Justice Reform", NGO Charitable Foundation "Help", interregional public charitable organization "Committee for Civil Rights", interregional public organization "Human Rights Organization Voskhod", all-Russian public organization "Union of Families of Russian Servicemen", etc.

Another typical example is the public organization "Safe Fatherland", which monitors the legality of public procurement (as you know, public procurement is one of the most unfavorable segments in terms of corruption) throughout Russia. In fact, members of the organization, within the framework of their project "Public Control" and at their own expense, train volunteers throughout Russia to analyze public procurement and identify violations in this area. For six months, social activists, according to their own data, managed to cancel 37 illegal auctions for 614.5 million rubles. As a result of the work of the organization, at the initiative of President Vladimir Putin, the organization was entrusted with the implementation of an educational project to control public procurement and the reworking, together with the Ministry of Economic Development of the Russian Federation, of the law governing procurement rules for state-owned companies. It is assumed that within the framework of the educational project for the controller of public procurement, anyone can learn for free in approximately three months.

State structures often use their ties with public associations as a channel for "soft" resolution of acute, sensitive problems, targeted information to target audiences, to which the authorities may not have direct and effective access. So the Federal Migration Service practices working meetings of its representatives with representatives of public organizations of immigrants and national diasporas engaged in labor activities in the territory of the Russian Federation. The purpose of the meetings is to establish closer interaction with such public organizations, identify problematic issues, develop joint activities aimed at participation in public life. The problems of adaptation of foreigners are discussed in detail.

In terms of public relations, meetings, seminars, working group meetings, etc. with the participation of representatives of state structures and public associations, in addition to the immediate effect, there is an additional, a kind of "aftershock", the second wave of impact, which is achieved due, as a rule, to detailed coverage of such events in the media and on the Internet.

  • URL: b-port.com/officiallv/item/91438.html (date of access: 03/16/2013).