These are voluntary associations of citizens created in the manner prescribed by law on the basis of their common interests to meet spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law.

The main difference from other NGOs is the association based on membership. Even the founders become members and do not have any preferences. The participant is obliged to pay membership and other property fees, and also has the right to terminate participation at any time at his own discretion. Membership is inalienable, and the exercise of rights cannot be transferred to another person.

Participants are not liable for the obligations of the organization in which they participate as members, and that organization is not liable for the obligations of its members.

They differ according to their area of ​​activity. There are all-Russian, inter-regional, regional and local. All-Russian ones operate in the territories of more than half of the subjects Russian Federation and have their own divisions there. Regional ones operate on the territory of only one subject of the Russian Federation, while local ones operate within the territory of a local self-government body (for example, a settlement).

The name of the organization should contain an indication of the territorial scope of its activities.

How to draw up and approve the charter

It is issued on A4 paper in two copies. All pages of the document must be numbered, stapled, on the last sheet, fix the total number of sheets and stamp.

The sample will be the same, regardless of the territorial feature. Below we provide a variant for an all-Russian structure, but it can be used to develop, for example, a model charter for an interregional public organization.

Approved at the general meeting of participants. It must be developed and approved before the registration of an NPO, since the charter is included in the package of documents required for this, and the application for registration indicates information on its adoption: the date and place that adopted the body, for example, a general meeting.

Content Requirements

When developing a document, for example, a sample charter of a regional public organization in 2020 or any other, the following information must be included:

• about the name
• about the location of the NPO,
• about the subject and goals of its activities,
• about the order of entry and exit;
• on the composition and competence of its bodies and the procedure for making decisions by them, including on issues, decisions on which are taken unanimously or by a qualified majority of votes;
• on the property rights and obligations of the participant (member);
• on the procedure for the distribution of property remaining after liquidation.

The main founding document public association is its statute. The charter of a public association must provide for:

Name, goals of the public association, its organizational and legal form;

The structure of the public association, its governing and control and auditing bodies, the territory within which this association operates;

Conditions and procedure for joining and leaving a public association, the rights and obligations of members of this association (only for associations providing for membership);

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;

The procedure for introducing amendments and additions to the charter of a public association;

Sources of formation Money and other property of a public association, the rights of a public association and its structural divisions property management;

The procedure for the reorganization and liquidation of a public association.

In addition to the listed mandatory requirements, the charter of a public association may provide for other provisions that do not contradict laws and relate to the activities of the association.

In addition to the charter, the supreme governing body of a public association may also adopt other constituent documents: declarations, program statements, organization concepts, etc., affecting issues of the activities of associations that are not covered in its charter.

The Law "On Public Associations" provides for restrictions on the creation and activities of public associations: "the creation and activities of public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, inciting social, racial, national or religious hatred" are prohibited. .

Approximate charter and the position are given in the appendices.

It is desirable that the initiative group prepares in advance a draft charter (regulations) of the student organization, taking into account their wishes, the specifics of the university and the area where it is located, taking into account the wishes of all interested people. The ideal option is when the draft charter (regulations) will be received by all participants of the meeting before it starts.

The adoption of the charter (regulation) is carried out by 2/3 of the votes of the founders of the organization, that is, from those who voted "for" on the first issue of the agenda, it is from this number that the majority is considered. For example, 35 people voted for the creation of an organization.

Human. This means that the number of founders is 35. When approving the charter (regulations) of the student organization, 31 people voted "for", 2 - "against", 2 - "abstained". Thus, the charter (provision) is accepted, since 31 people are more than 2/3 of 35 people, although at the same time 100 people can be present in the hall at the meeting along with the guests.

On other issues, except for the election of the governing body, decisions are made by a simple majority of votes, unless otherwise provided in the charter (regulation) of the student organization (for example, the regulation may provide that the head of the organization (chairman, president, etc.) is elected whoever receives a majority of at least 2/3 of the votes at the meeting).

Another important rule that will come in handy in any meetings of the organization: if you bring up a rather voluminous document written on more than four pages, then for a more effective discussion and to take into account all opinions, first put to a vote the question of who is for what to accept the proposed project as a basis. If the majority is in favor, then they move on to discussing amendments to the draft. Each amendment (addition, change) introduced is discussed and voted, and it is better to accept and discuss the amendments in order, that is, first the amendments to the first paragraph (or the first chapter, section) of the draft, then to the second, etc. The amendment is adopted if the majority of the members of the organization present at the meeting voted for it. After discussing all the amendments and making decisions on them, the draft document, taking into account the adopted amendments, is put to a vote as a whole. As a result, the document is considered adopted taking into account all the amendments, if, when voting as a whole, the majority (simple or 2/3) of the members of the organization present voted for it again. The last vote is necessary, because after the adoption of a number of amendments, the draft may change so much that those who voted for accepting it as a basis in its original form will not agree with the amended version, considering it fundamentally different.

The next issue of the constituent assembly is the approval of the action plan of the student organization.

The initiative group must prepare a draft plan in advance.

Despite the pre-prepared draft plan, the role of the constituent assembly is not diminished in the least, since in practice very interesting proposals are received during such meetings, sometimes radically changing certain provisions of the project.

The procedure for accepting the plan is similar to the procedure described for cases of accepting large documents. First, a draft plan is taken as a basis. Then all amendments are considered. As a result, the issue of adopting the plan as a whole, taking into account the approved amendments, is put to a vote.

The next issue on the agenda is the election of the head (leader) of the organization. As mentioned above, this issue may not be on the agenda if the charter (regulations) of the student organization states, for example, that the activities of the organization are managed by the council, which elects the chairman of the council from among its members. In this case, you should immediately proceed to the election of the governing body of the organization, that is, in our example, the council of the organization.

The charter (regulation) may indicate that the activities of the organization are managed by a council headed by a chairman, who in turn is elected at a general meeting.

Let us consider in more detail the scheme for electing the head of the organization at the meeting. Since we are dealing with a public organization, we must take into account the fact that even if the initiative group conducts some kind of nomination of candidates for the position of the head of the organization in advance, organizes something like an election campaign, the main action takes place at the meeting anyway. For, according to the statutory norms, any member of the organization has the right to nominate any number of candidates, including himself. The Assembly is obliged to give each candidate some time to speak. If there are quite a lot of candidates (more than four), then it makes sense to limit the number of speakers campaigning for one or another candidate, for example, no more than three campaigning for a candidate. It is also possible to limit the number of those who oppose one or another candidate, for example, no more than three against a candidate.

If the nominated candidate has withdrawn himself, then it makes sense not to consider his candidacy and not to put it to the vote.

After discussing the candidates, the question is decided whether the leader will be elected openly or secretly. Whatever the majority of the meeting votes for, then the voting will be organized in the future.

Secret ballot is different from open topics that in the first case, ballots are prepared with the written names of the candidates whose inclusion in the ballot for secret ballot was voted by the meeting. That is, before preparing ballots for secret ballot, the meeting decides to include each candidate on this ballot. Why put a candidate on the ballot if the assembly votes against it in advance by a majority of votes? When voting on the issue of introducing candidates to the ballot for secret ballot, each member of the organization has the right to vote "for" as many times as necessary.

After the ballots with the list of all candidates introduced by the decision of the meeting (and not all nominated) are prepared and distributed to the participants of the meeting, everyone is obliged to underline or put a "tick" (or other sign that will be agreed upon at the meeting) next to that name, for the candidate which he votes. Here, each member of the organization can only vote for one candidate, since vacant position only one.

Ballots are dropped into a box, which is previously closed and sealed with the signatures of the members of the counting commission (in case of secret voting, the election of the counting commission is mandatory, moreover, the person whose candidacy is included in the voting ballot cannot be a member of the counting commission).

After everyone has voted and dropped their ballots into the ballot box, the counting commission opens the box. It determines whether there are extra ballots or not of the same type that were issued to the meeting participants. Then the "normal" ballots are counted. Their number should be more than 50% of the number of participants in the meeting - members of the organization, since it is impossible to make a decision if no more than 50% of the members of the organization or members of the governing body who make the decision are present during the voting. That is, in our example, if the number of founders was 35, then the number of ballots must be at least 18. Next comes the counting of votes cast for one or another candidate. The one for whom at least 2/3 of those who participated in the vote voted for is considered elected, unless another majority is established by the charter (regulations) of the student organization. For example, if in our case the number of ballots was found in the box 18, then the elections took place and the winner is the one who received at least 12 votes.

In case of open - no voting additional work do not need to be carried out. After all candidates have been nominated and there are no self-withdrawals, a vote is held for each candidate, and only "for" votes can be counted. Again, as in the case of the secret ballot, each member of the organization has the right to vote "yes" only once, since there is only one vacant position. The winner is the one for whom at least 2/3 of the members of the organization - participants of the meeting voted, unless another majority is established in the charter (regulation) of the student organization. In our example, with the number of participants in the meeting - members of the organization 35 people, the winner is the one who received at least 24 votes.

You probably noticed the difference in how many wins come with secret and open voting. This is due to the fact that with open voting, all members of the organization present at the meeting are voting participants, that is, 35 people, and it is from this number that the majority must be obtained. In a secret ballot, only those who put their ballot in the ballot box become participants in the vote. It is the ballot that becomes the fact of "presence at the voting". Those who did not cast their ballot (and every member of the organization has this right) are no longer voting participants, they, as it were, by analogy with open voting, simply left the hall, their will is unclear ("for" or "against"). Therefore, to determine the majority, they are no longer taken into account. The most important thing in this case is that a quorum is observed when making a decision, that is

It should be noted that any participant of the meeting - a member of the organization has the right to vote against all candidates.

If none of the candidates received the required number of votes to win, then two ways out of the situation are possible: either the meeting conducts a second vote on the two candidates who received the largest number votes compared to others, or candidates, both old and new, are re-nominated and voted on in accordance with the entire procedure.

The elected head of the organization is simultaneously considered to be elected to the governing body of the organization, since the work of this particular body will need to be constantly organized. You cannot be the chairman of the Council without being a member of the Council itself.

The next issue of the constituent assembly is the election of the governing (coordinating) body. It can be a council, a committee, a bureau, a board, etc. The name of the governing body (for example, the Council) determines the meeting and fixes this in the charter (regulations) of the student organization.

The number of members of the Council is also determined by the meeting. At the same time, it is possible not to indicate in advance the quantitative composition of the Council, then all those elected to it will constitute the number of members of the Council.

In practice, for an organization of 20-40 people, it is most optimal to elect 5-7 people to the Council.

The nomination of candidates takes place at the meeting, even if there was some kind of election campaign before the meeting. Any member of the organization has the right to nominate any number of candidates, including himself. Discussion of candidates takes place in the same order as it was done when discussing candidates for the chairman of the Council.

Voting takes place for each candidate separately. If the quantitative composition of the Council is predetermined, then each participant of the meeting - the founder votes "for" as many times as the number of members of the Council is provided for in its composition. That is, if it is decided to elect 5 people to the Council, and 8 candidates are nominated, then everyone must decide in advance for himself before voting which four candidates or fewer he will vote "for" (the fifth member of the Council has already been elected: he is the Chairman of the Council ).

Voting "against" and "abstained" in this case can be omitted. Those who received at least 2/3 of the votes are considered elected, unless another majority is provided for election as members of the Council by the Charter (Regulations).

What if you first set the quantitative composition of 5 people, and 3 people turned out to be elected (a larger number cannot be obtained by simple arithmetic, since everyone has the right

to vote "yes" only as many times as there are seats in the Council or in general for fewer candidates)? In this case, you can additionally nominate other candidates at the meeting. Including those who were during the first vote, but did not become members of the Council, and to vote again, but for the remaining vacancies. Or, by decision of the meeting, you can reduce the number of members of the Council to 3 people, that is, to the same number as the majority received when elected to the Council.

The meeting also elects the controlling (control and auditing) body of the organization (commission, committee), if the organization will be registered as a legal entity. The Control Commission audits the financial and economic activity public association and is accountable to the highest governing body. The number of members of the control and audit body is not limited. Members of the governing bodies of a public association cannot be members of the control and audit body. All officials of the organization are obliged, at the request of the control and audit body, to provide necessary information and documents.

In conclusion, the chairman of the meeting announces its closure.

As mentioned above, the minutes of the meeting are kept by the secretary of the meeting. Since the meeting is usually intense, sometimes stormy, with many speeches and votes, the secretary has to quickly write down the main points of the meeting, introducing many abbreviations. Thus, it turns out, as it were, a draft protocol. Therefore, after the meeting, as a rule, a final protocol is drawn up without abbreviations. The minutes are signed by the chairman of the meeting (and not by the chairman of the Council if he is not the same person) and the secretary of the meeting.

As a result, you should get a protocol approximately the same as shown in the application.

"APPROVED"

decision of the founders of the Public Organization

"Defenders of Orthodox Christians

named after the holy prince Demetrius of the Don"

Minutes No. 1 dated 09.09.2009

CHARTER

PUBLIC ORGANIZATION

"ORTHODOX CHRISTIANS

NAMED AFTER THE HOLY PRINCE DIMITRY DONSKOY"

MOSCOW

2009

1. GENERAL PROVISIONS.

1.1. The public organization "Defenders of Orthodox Christians named after the Holy Prince Dimitry Donskoy" (hereinafter referred to as the "Public Organization") is a public association created by citizens to develop and strengthen Orthodox culture and its traditions, protection of rights and legitimate interests its members, as well as to assist its members in the implementation of activities aimed at achieving the goals provided for by this Charter.

1.2. The public organization carries out its activities in accordance with current legislation Russian Federation and this Charter.

1.3. A public organization has the right to have its own seal, stamp, forms, symbols, its own emblem and other means of visual identification.

1.4. The location of the Public Organization is the city of Moscow, the location of the permanent body - the Board: 125080, Moscow, Volokolamsk highway, 15/22.

2. RIGHTS OF PUBLIC ORGANIZATION.

2.1. The public organization has the right:

2.1.1. disseminate information about their activities;

2.1.2. join other public organizations, unions, associations, as well as create their own branches and representative offices and territorial offices in the territory of the Russian Federation and abroad in accordance with the current legislation.

2.1.3. hold conferences, seminars, other mass events, as well as hold meetings, rallies, demonstrations, marches and picketing and other mass organizational events in accordance with applicable law;

2.1.4. take initiatives on issues of public life, make proposals to the authorities state power, to participate in the development of decisions of state authorities and local self-government bodies;

2.1.5. represent its members in courts, in all institutions, enterprises and organizations of all forms of ownership on the protection of their rights and legitimate interests in the framework of the implementation of the statutory tasks of their activities.

2.2. The public organization contributes to the protection of the rights of its members to privacy, personal and family secrets; as well as the secrecy of correspondence, telephone conversations, postal, telegraph and other messages that became known to the Public Organization as a result of its activities.

2.3. The Public Organization represents the interests of its members and carries out their protection on the basis of instructions from the members of the Public Organization and the minutes of the meeting of the Board, and, if necessary, a power of attorney issued by these members.

3. ACTIVITIES OF PUBLIC ORGANIZATION.

3.1. The public organization pursues socially useful goals aimed at:

Accumulation and generalization of information related to Orthodox culture;

Assistance in the creation of priority conditions for the development and strengthening of Orthodox culture;

Preservation and strengthening of traditional cultural values ​​and historical traditions;

Promoting the protection of rights in education, health, culture and the media mass media and book publishing, other areas of public life associated with Christian culture;

Protection and protection of human rights and freedoms;

Speeches in defense of moral, moral foundations, traditional cultural values ​​of society.

3.2. The activities of the Public Organization are aimed at:

3.2.1. Support and implementation of activities aimed at strengthening the moral and ethical foundations of society.

3.2.2. Protection (including representation in courts, other organizations and institutions of all forms of ownership) of members of the Public Organization and members of their families in cases of violation of their constitutional rights and legitimate interests, including the rights to human dignity, the right to privacy, freedom of conscience and religion, health, decent, moral education of children, in cases of violation of their rights in the media, including proper information.

3.2.3. Ensuring the rights of members of the Public Organization to create appropriate conditions for the moral and spiritual development of the individual.

3.2.4. Generalization of information related to Christian culture, support and implementation of activities aimed at preserving the Orthodox Christian historical heritage.

3.2.5. Implementation of publishing and information activities in the field of electronic print media mass media and other possible information networks, establishes the mass media, as well as the implementation of other activities not prohibited by law aimed at realizing the goals of the Public Organization.

3.2.6. Conducting sociological research.

3.2.7. Assistance in the development and implementation of social, cultural, educational, projects, programs, other activities aimed at the formation of a harmonious personality, strengthening the moral foundations of society, as well as protecting the protection of the moral, spiritual, mental and physical health of a person.

3.2.8. Implementation on their own and with the involvement of broad specialists of research and analytical programs aimed at assessing the moral state of society, its spirituality, as well as eliminating factors that have a harmful effect on it.

3.2.9. Participation in international events for the exchange of experience in the field of promoting the creation of priority conditions for the development and strengthening of Christian culture.

3.2.10. Implementation charitable activities and attraction of voluntary donations for the reconstruction and restoration of Orthodox churches, including the temple of New Jerusalem, Christian monuments, historical monuments and other purposes of the Public Organization.

3.2.11. Advice on security issues, protection of the life of clergy and employees of the Russian Orthodox Church, protection of religious buildings, structures and other property of the Russian Orthodox Church.

3.2.12. Organization of security, protection of the life of clergy and employees of the Russian Orthodox Church, protection of religious buildings, structures and other property of the Russian Orthodox Church.

3.3. The property of the Public Organization is created at the expense of:

Membership fees, the amount and procedure for payment of which is approved by the General Meeting of Members;

Voluntary donations from citizens and organizations.

4. MEMBERSHIP. ORDER OF ADMISSION AND WITHDRAWAL FROM MEMBERS.

4.1. Individuals over the age of 18 can be members of the Public Organization.

4.2. Admission to the membership of the Public Organization is carried out by the decision of the General Meeting of the members of the Public Organization based on the application of the candidate.

4.3. The rights of a member of a Public Organization cannot be transferred to third parties without the consent of the Board of the Public Organization.

4.4. The departure of a member from the Public Organization occurs either by unauthorized withdrawal, or as a result of his exclusion from membership.

4.5. Withdrawal of a member from the Public Organization is carried out by submitting an application to the Board of the Public Organization.

4.6. Entrance and periodic fees of members of the Public Organization are non-refundable.

4.7. A member of a Public Organization who systematically fails to perform or improperly performs his duties, or who has violated his obligations to the Public Organization, as well as hindering the normal work of the Public Organization by his actions or inaction or discrediting it with his behavior, may be expelled from it by decision of the General Meeting public organization.

5. RIGHTS AND OBLIGATIONS OF MEMBERS.

5.1. Members of the Public Organization - have the right:

5.1.1. Elect and be elected to the governing bodies of the Public Organization and its territorial branch;

5.1.2. Participate in the General Meeting of the Public Organization and vote on agenda items;

5.1.3. Receive the services of the Public Organization for the protection of their rights and legitimate interests;

5.1.4. Leave the Public Organization at its own discretion;

5.1.5. Make proposals to the agenda of the General Meetings of members of the Public Organization;

5.1.6. Contact the governing bodies of the Public Organization on any issues related to its activities;

5.2. Members of the Public Organization are obliged:

5.2.1. Comply with the provisions of this Charter;

5.2.2. To take all possible part in the activities of the Public Organization, its territorial branches;

5.2.3. Timely pay membership fees, the amount and procedure for payment of which is determined by the General Meeting of Members of the Public Organization;

5.2.4. Provide information necessary to resolve issues related to the activities of the Public Organization;

5.2.5. Do not disclose confidential information to the Public Organization.

6. STRUCTURE OF PUBLIC ORGANIZATION.

6.1. Governing bodies of the Public Organization:

the supreme governing body of the Public Organization - the General Meeting of the members of the Public Organization;

the executive body of the Public Organization - the Board.

7. GOVERNING BODIES OF THE PUBLIC ORGANIZATION.

General meeting of members of the Public Organization

7.1. The supreme governing body of the Public Organization is the General Meeting of the members of the Public Organization.

7.2. The general meeting elects from among its members the chairman of the meeting, who leads the meeting, and the secretary.

7.3. The competence of the General Meeting includes the following issues:

7.3.1. Making changes and additions to the Charter of the Public Organization;

7.3.2. Definition priority areas activities of the Public Organization, principles of formation and use of its property;

7.3.3. Election of the Chairman and members of the Board of the Public Organization;

7.3.4. Reorganization and liquidation of the Public Organization;

7.3.5. Election of the Audit Commission;

7.3.6. Deciding on the creation, reorganization, liquidation of a branch, branch, representative office of a Public Organization;

7.3.7. Determining the amount and procedure for paying membership fees;

7.3.8 Resolution of other issues submitted for resolution by the General Meeting by the Management Board.

7.4. The General Meeting of the members of the Public Organization is convened by the Board, the Chairman of the Board, or members of the Board.

7.5. The General Meeting is competent if more than half of its members are represented at it.

Decisions of the General Meeting are taken by majority vote. Decisions on issues stipulated in clauses 7.3.1 - 7.3.3 are taken by a qualified majority of votes - participants of the General Meeting.

7.5.1. Decisions of the General Meeting may be adopted by absentee voting (by poll). Such voting may be carried out by exchanging documents by means of postal, telegraphic, teletype, telephone, electronic or other communication, which ensures the authenticity of transmitted and received messages and their documentary confirmation. The dates for holding the General Meeting by absentee voting must be set in such a way that the voting members of the organization have the opportunity to familiarize themselves with additional information on issues put to the vote.

7.6. The next General Meeting is convened at least once every two years.

7.7. Extraordinary General Meetings are convened as needed.

Governing body

7.8. A permanent collegial body is created in the Public Organization - the Board, consisting of 5 people and headed by the Chairman of the Board. Members of the Management Board, on the proposal of the Chairman of the Management Board, are elected by the General Meeting, the chairman is elected by the elected members of the Management Board.

7.9. The Board carries out general management of the activities of the Public Organization in the period between General Meetings.

7.10. The meetings of the Board are organized by the Chairman, who signs all documents on behalf of the Public Organization, minutes of the meeting and decisions of the Board.

Board of the Public Organization:

Decides to convene the General Meeting of the members of the Public Organization, determines the agenda items, ensures the implementation of the decisions of the General Meeting;

Approves targeted programs and determines sources of funding;

Adopts regulations on the Audit Commission, Representative Offices and Branches.

Meetings of the Board of the Public Organization are held as necessary, but at least once every three months. The minutes of the Board meeting are signed by the Chairman and all members of the Board.

7.11. The Chairman of the Board, without a power of attorney, acts on behalf of the Public Organization, carries out operational management of the activities of the Public Organization, manages the Board, organizes the implementation of decisions of the General Meetings and the Board of the Public Organization, issues powers of attorney, signs financial and business documents, and concludes transactions on behalf of the Public Organization.

7.12. The Chairman is elected by the General Assembly and exercises his powers for permanent basis until the withdrawal own will or by decision of the General Assembly. In case of recall or impossibility of performance by the Chairman of his duties, his powers are assigned by the Board until the General Meeting is convened to one of the members of the Board.

7.13. The Chairman is accountable to the General Meeting and the Board, is responsible to the Public Organization for the results and legality of activities.

8. TERRITORIAL OFFICES, BRANCHES AND REPRESENTATIVE OFFICES.

8.1. A public association may have departments, branches and representative offices, the activities of which are carried out in accordance with this Charter and the Regulations approved by the Board.

9. BUSINESS ACTIVITIES

9.1. An organization can carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which the organization was created, and corresponding to these goals.

9.2. The organization does not pursue the goal of making a profit; income from entrepreneurial activity Organizations are sent to achieve the statutory goals and objectives of the Organization and are not subject to redistribution among the members of the Organization.

10. TERMINATION OF ACTIVITIES OF PUBLIC ORGANIZATION.

10.1. Termination of the activities of the Public Organization may be carried out by decision of the General Meeting due to the absence of the need for further activities of the Public Organization or on other grounds in accordance with applicable law.

10.2. Upon liquidation of a Public Organization, the property remaining after the satisfaction of creditors' claims is directed in accordance with this Charter for the purposes for which it was created, and (or) for charitable purposes.

If the use of the property of the liquidated Public Organization in accordance with this Charter is not possible, the decision on its use is made by the Board of the Public Organization.

1. GENERAL PROVISIONS

1.1. The All-Russian Public Organization "", hereinafter referred to as the Organization, is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens and legal entities - public associations.

1.2. Full name of the Organization in Russian: All-Russian Public Organization "", abbreviated name in Russian: ROO "", full name in language: "", abbreviated name in language: "".

1.3. The organization operates throughout the Russian Federation.

1.4. Location of the Organization: .

1.5. An organization is considered established as a legal entity from the moment of its state registration in the established federal laws okay.

1.6. The organization is created without time limit.

1.7. The Organization may be a plaintiff and defendant in courts of general jurisdiction, arbitration and arbitral tribunals, acquire and exercise property and non-property rights on its own behalf in accordance with the goals of the Organization's activities provided for by the Charter of the Organization, and bears obligations related to this activity.

1.8. The organization has a round seal with full name Organizations in Russian, stamps and letterheads with their names.

1.9. The organization may have flags, emblems, pennants and other symbols. The symbols of the Organization must not coincide with the state symbols of the Russian Federation and the constituent entities of the Russian Federation, as well as with the symbols of foreign states. The symbols of the Organization must not violate the rights of citizens to intellectual property, offend their national and religious feelings. The symbolism of the Organization is subject to state registration and accounting in the manner established by law Russian Federation.

1.10. The organization has the right to in due course open settlement, currency and other bank accounts on the territory of the Russian Federation and abroad.

1.11. The requirements of the Charter of the Organization are binding on all bodies of the Organization and its members.

1.12. The organization is not responsible for the obligations of its members. Members of the Organization are not responsible for the obligations of the Organization. The Organization is not liable for the obligations of the state and its bodies, and the state and its bodies are not liable for the obligations of the Organization.

1.13. The organization is liable for its obligations with its property, which, under the legislation of the Russian Federation, may be levied.

2. PURPOSE, SUBJECT, TYPES OF ACTIVITY

2.1. The purpose of the Organization is to protect the common interests of its members in the field.

2.2. The subject of the Organization's activity is: .

2.3. The organization carries out the following activities (or several types of activities):

2.4. Separate types activities can be carried out by the Organization only on the basis of special permits (licenses). The list of these activities is determined by law.

2.5. The organization has the right to carry out entrepreneurial activity only insofar as it serves to achieve the statutory goals for which it was created, and corresponding to these goals. Entrepreneurial activity is carried out by the Organization in accordance with the Civil Code of the Russian Federation, federal laws and other legislative acts of the Russian Federation.

2.6. The organization has the right to create business partnerships, companies and other economic organizations, as well as to acquire property intended for doing business.

2.7. In order to achieve its goal, the Organization may create other non-profit organizations and join other public associations and non-profit organizations.

2.8. Intervention in the economic and other activities of the Organization by state and other organizations is not allowed, unless it is due to their right to exercise control over the activities of the Organization.

2.9. The organization carries out its activities in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law "On Non-Commercial Organizations", the Federal Law "On Public Associations" and other legislation of the Russian Federation.

2.10. The organization, in accordance with the current legislation, may join international public associations, acquire rights and bear obligations corresponding to the status of these international public associations, maintain direct international contacts and communications, conclude agreements with foreign non-profit non-governmental organizations.

2.11. The organization takes part in elections and referendums in accordance with the procedure established by the legislation of the Russian Federation.

3. MEMBERS OF THE ORGANIZATION. TERMS AND CONDITIONS FOR ACQUISITION AND LOSS OF MEMBERSHIP

3.1. Members of the Organization may be citizens who have reached the age of 18, and legal entities- public associations: .

3.2. The condition of membership in the Organization is: .

3.3. Admission to the Organization of new members is carried out on the basis of: .

3.4. A new member is admitted to the Organization upon presentation required documents specified in clause 3.3, and the fulfillment of the conditions specified in clause 3.2 of the charter, by decision of the general meeting of the members of the Organization.

3.5. Grounds for withdrawal from the Organization or loss of membership (exclusion from members) of the Organization:

3.6. Registration of withdrawal from the members of the Organization is carried out within days from the date of submission of the necessary documents and the fulfillment of the requirements specified in clause 3.5.1 of the charter, by decision of the general meeting of members of the Organization.

3.7. Registration of exclusion from the Organization or loss of membership is carried out within days from the date of submission of the necessary documents or other circumstances specified in clause 3.5.2 of the Charter, by decision of the general meeting of members of the Organization.

4. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE ORGANIZATION

4.1. Members of the Organization have the right:

• participate in the management of the affairs of the Organization in the manner prescribed by the charter and other regulations Organizations;
• elect and be elected to the governing and control and audit bodies of the Organization;
• receive information on the activities of the Organization in accordance with the established procedure;
• transfer property or rights to use property, intangible rights to the Organization.

4.2. A member of the Organization has the right to withdraw from the Organization at its own discretion. Upon withdrawal, a member of the Organization (not) has the right to demand the return of the property contributed by him, the termination of the rights granted to him to use the property and (or) intangible rights, as well as the transfer of part of the property of the organization to him in the following order: . With respect to a member who has been expelled or has lost membership in the Organization, the rules applicable to members who leave the Organization at their own discretion shall apply.

4.3. The entry into the Organization of a new member cannot be conditioned by its liability for the obligations of the Organization that arose prior to its entry.

4.4. Members of the Organization are obliged:

• comply with the provisions of the Charter of the Organization, other regulatory acts of the Organization, implement the decisions of the governing bodies of the Organization;
• take part in the activities of the Organization;
• timely and in full to fulfill the obligations assumed in relation to the Organization;
• provide information necessary to resolve issues related to the activities of the Organization;
• assist the Organization in its activities.

4.5. Members of the Organization may also have other rights and bear other obligations in accordance with the current legislation of the Russian Federation, other normative documents Organization, as well as agreements concluded with the Organization.

5. STRUCTURE, MANAGEMENT BODIES, PROCEDURE FOR MANAGING THE ACTIVITIES OF THE ORGANIZATION

5.1. The supreme governing body of the Organization is the general meeting (Conference, Congress) of the members of the Organization (hereinafter referred to as the general meeting). The permanent governing collegial governing body of the Organization is the board elected by general meeting and accountable to him.

5.2. The main function of the general meeting is to ensure that the Organization complies with the goals for which it was created.

5.3. The exclusive competence of the general meeting includes the resolution of the following issues:

1. changing the charter of the Organization;
2. determination of priority directions of the Organization's activity, principles of formation and use of its property;
3. formation of the Board of the Organization and early termination of its powers;
4. statement annual report and annual balance sheet;
5. statement financial plan Organizations and amendments to it;
6. creation of branches and opening of representative offices of the Organization;
7. participation in other organizations;
8. reorganization and liquidation of the Organization;

5.4. The General Meeting meets as needed, but at least once a year.

5.5. Each member of the Organization is obliged to attend the general meeting and take part in its work.

5.7. The General Meeting of the Members of the Organization is competent if said meeting more than half of its members are present (represented).

5.8. The decision of the general meeting is taken by a majority vote of the members present at the meeting.

5.9. The decision of the general meeting on issues of the exclusive competence of the general meeting is taken unanimously.

5.10. Minutes are kept at general meetings.

5.11. For the practical current management of the activities of the Organization in the period between convenings of general meetings, the Board of the Organization is elected - a permanent governing body of the Organization.

5.12. The Board of the Organization is elected by the general meeting for a period of ___ years (years) from among the members of the Organization in the number established by the general meeting.

5.13. The Board of the Organization may be re-elected after the expiration of the term of office for a new term. The issue of early termination of its powers may be raised at a general meeting at the request of at least 1/3 of its members.

5.14. The competence of the Board includes the solution of all issues that do not constitute the exclusive competence of other management bodies of the Organization. The Board regularly informs the members of the Organization about the activities of the Organization.

5.15. The work of the board is organized by the chairman of the board elected at the meeting of the board. Minutes are kept at meetings of the board, held at least at .

5.16. The Chairman of the Board acts on behalf of the Organization without a power of attorney.

5.17. The Board is located at the location of the Organization.

6. DOCUMENTATION. CONTROL OVER THE ACTIVITIES OF THE ORGANIZATION

6.1. The organization maintains accounting records and statistical reporting in the manner prescribed by the legislation of the Russian Federation.

6.2. The organization provides information about its activities to the authorities state statistics and tax authorities, members of the Organization and other persons in accordance with the legislation of the Russian Federation.

6.3. Responsibility for organization, condition and credibility accounting in the Organization, timely submission of the annual report and other financial statements to the relevant authorities, as well as information about the activities of the Organization, submitted to the members of the Organization, creditors and the media, is the responsibility of the board.

6.4. The organization keeps the following documents:

• the charter of the Organization, amendments and additions made to the charter of the Organization, registered in the prescribed manner, the decision to establish the Organization, a document on the state registration of the Organization;
• documents confirming the rights of the Organization to the property on its balance sheet;
• internal documents of the Organization;
• regulation on a branch or representative office of the Organization;
• annual reports;
• accounting documents;
• accounting documents;
• minutes of general meetings, meetings of the board, audit commission (auditor) of the Organization;
• conclusions of the audit commission (auditor) of the Organization, the auditor of the Organization, state and municipal authorities financial control;
• other documents stipulated by federal legislation;
• other documents stipulated by the internal documents of the Organization, decisions of the general meeting, the Board of the Organization, as well as documents stipulated by the legal acts of the Russian Federation.

6.5. To exercise control over the financial and economic activities of the Organization, the general meeting elects from among the members of the Organization an audit commission consisting of ___ members for a period of one year. The departure of individual members of the audit commission, as well as the election of its new members, is not a basis for reducing or extending the term of the entire audit commission. To organize the work of the audit commission, its chairman is elected.

6.6. The competence of the audit commission (auditor) of the Organization includes the following powers:

• verification (audit) of the financial and economic activities of the Organization based on the results of activities for the year, as well as at any time on the initiative of the audit commission (auditor), the decision of the general meeting or at the request of a member of the Organization;
• requesting from the management bodies of the Organization documents on financial and economic activities;
• convening a general meeting;
• drawing up a conclusion based on the results of the audit of financial and economic activities, which should contain:
  • confirmation of the reliability of the data contained in the reports and other financial documents of the Organization;
  • information on the facts of violation of the procedure for maintaining accounting records and presentation of financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation in the course of financial and economic activities;

6.7. The procedure for the activities of the audit commission (or auditor) of the Organization is determined by the internal document of the Organization - the regulation (regulations, etc.) approved by the general meeting.

6.8. By decision of the general meeting, the members of the audit commission (auditor) of the Organization during the period of performance of their duties are (not) paid remuneration and (or) compensated for the expenses associated with the performance by them (them) of their duties. The amount of such remuneration and compensation is established by the decision of the general meeting.

6.9. To check the financial and economic activities of the Organization, the general meeting appoints and approves the auditor of the Organization.

6.10. The auditor checks the financial and economic activities of the Organization in accordance with the legal acts of the Russian Federation on the basis of an agreement concluded between the Organization and the auditor. The amount of payment for the auditor's services is determined by the general meeting.

6.11. State bodies control the activities of the Organization in accordance with Article 38 of the Federal Law "On Public Associations".

7. PROPERTY OF THE ORGANIZATION

7.1. An organization may own land buildings, buildings, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, other securities and other property necessary for the material support of its activities specified in the charter. The Organization may also own institutions, publishing houses, mass media created and acquired at the expense of the Organization in accordance with its statutory purposes.

7.2. The property of the Organization is formed on the basis of entrance and membership fees. Other sources of formation of the property of the Organization in monetary and other forms are:

• voluntary contributions and donations;
• proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held by the Organization;
• business income;
• income from civil law transactions;
• income from foreign economic activity Organizations;
• long-term and short-term credits, loans;
• dividends (income, interest) received on shares, bonds, other securities and deposits;
• income derived from the property of the Organization;
• other incomes and receipts not prohibited by law.

7.3. The procedure for regular and one-time receipts from members of the Organization is established by the general meeting of the Organization

7.4. Income from the entrepreneurial activities of the Organization cannot be redistributed among the members of the Organization and must be used only to achieve the statutory goals.

7.5. The organization accepts donations in the form of cash and other property for activities related to the preparation and conduct of elections, only in the manner prescribed by the Federal Law "On Political Parties" and the legislation of the Russian Federation on elections.

7.6. The organization is not entitled to pay remuneration to members for participation in the general meeting, with the exception of compensation for expenses directly related to participation in the general meeting.

7.7. At the expense of targeted contributions from members and the profits received, the Organization creates the following funds:

• capital investments;
• wages;
• representative, reserve and others - by decision of the general meeting of members of the Organization.

7.8. The composition, purpose, size and procedure for the formation and spending of the relevant funds are determined by the decision of the general meeting of the members of the Organization.

7.9. The amount and procedure for paying targeted contributions by members are established by the general meeting of the Organization.

7.10. The property of the Organization is protected by law.

7.11. The Organization may use its funds for charitable purposes.

8. SUSPENSION OF ACTIVITIES, REORGANIZATION AND LIQUIDATION OF THE ORGANIZATION

8.1. The activities of the Organization may be suspended in accordance with Article 42 of the Federal Law "On Public Associations".

8.2. The organization may be reorganized in accordance with Article 25 of the Federal Law "On Public Associations".

8.3. The organization may be liquidated voluntarily in the manner prescribed by Articles 61-64 Civil Code Russian Federation, taking into account the requirements of Articles 18-21 of the Federal Law "On Non-Commercial Organizations".

8.4. An organization may be liquidated forcibly in accordance with Article 26 or Article 44 of the Federal Law "On Public Associations".

8.5. Since appointment liquidation commission she is given the authority to manage the affairs of the Organization. The Board ceases to function.

8.6. In the absence of an assignee, documents of permanent storage of scientific and historical significance are transferred for state storage to the archives of the association ""; personnel documents (orders, personal files, personal accounts, etc.) are transferred for storage to the archive on whose territory the Organization is located. The transfer and ordering of documents are carried out by the forces and at the expense of the Organization in accordance with the requirements of archival authorities.

8.7. Upon liquidation of the Organization, the property remaining after the satisfaction of creditors' claims, unless otherwise established by the Federal Law "On Non-Commercial Organizations" and other federal laws, is directed to the purposes for which it was created, and (or) to charitable purposes in the manner determined by the general meeting Organizations (this procedure may be established in the charter).

8.8. If the use of the property of the liquidated Organization in accordance with its founding documents is not possible, it turns into state revenue.

9. PROCEDURE FOR INTRODUCING CHANGES AND ADDITIONS TO THE CHARTER

9.1. The issue of introducing amendments and additions to the Charter of the Organization is submitted for consideration by the general meeting at the initiative of the board or at the initiative of at least one third of the members of the Organization.

9.2. Changes and additions to the charter approved by the general meeting are subject to state registration.

9.3. State registration amendments and additions to the Charter of the Organization are carried out in the manner prescribed by the current legislation of the Russian Federation.

9.4. Changes and additions to the Charter of the Organization come into force from the moment of their state registration.

Public organization: prerequisites for existence

The peak of the development of social movements and organizations did not fall during the Soviet period. The era of collectivism was marked by the assignment of functions unusual for them to public organizations.

Often they bailed offenders, created comrades' courts. In conditions market economy specific gravity public organizations among legal entities of all organizational forms decreased. The scale of their activities has decreased.

However, the importance of non-profit structures for the development of civil society cannot be underestimated.

Direct relation to legal status public organizations have Articles 13 and 30 of the Basic Law of the Russian Federation. These constitutional provisions enshrine ideological and political diversity, the right of individuals to voluntarily associate to achieve legitimate goals without obtaining the prior consent of the subjects of power.

Legal regulation of the status of public organizations

The concept of "public organization" has not undergone significant changes since Soviet times. They are recognized as voluntary non-governmental associations of individuals based on common interests to achieve common goals.

According to the definition of Article 8 of the 82-FZ “On Public Associations”, a public organization is a public association based on mandatory fixed membership.

According to Article 123.4 of the Civil Code, the purposes of its establishment may be:

• satisfaction of non-material (including spiritual) needs;
• representing and protecting the interests of members before third parties;
• contributing to the development of education, medicine, nature conservation, etc.

The identification of significant characteristics of public organizations is facilitated by determining their place in the system of legal entities.

Within the framework of Chapter 4 of the Civil Code, public organizations are classified as non-profit.

But there is a caveat: such an organization has the right to carry out income-generating activities while simultaneously observing the following conditions:

• the possibility of implementing entrepreneurial activity is provided for by the charter (if the charter does not contain provisions of this kind, amendments are necessary);
• it does not contradict the non-commercial statutory goals of the organization, but serves to achieve them;
• a public organization has sufficient assets with a market value of at least the minimum amount of the authorized capital of an LLC.

The organizational form of a public organization is the base for non-profit structures of other types.

Thus, Article 50 of the Civil Code contains a non-exclusive list of types of non-profit public organizations. This:

• political parties;
• trade unions established in the form of legal entities
• bodies of public initiative;
• territorial public self-governments.

Public organizations have the right to form unions. Relatively large companies In Russia, there is a practice of registering as independent legal entities not only the parent (parent) organization, but also its territorial bodies.

Public organizations can be transformed into autonomous non-profit organizations or foundations. This requires amendments to the charter (Article 123.4 of the Civil Code)

Requirements for the founders of a public organization, their status and number

The key features of public organizations are: fixed membership; mandatory issuance of membership cards; payment of membership fees as a key source of formation of the financial and material base of activities. It is on the basis of compulsory membership that a public organization differs from non-profit structures of other organizational forms, for example, social movements.

The founders of public organizations automatically acquire the status of their members, as well as the corresponding set of rights and obligations (paragraph 9 of article 19 of 82-FZ). Persons interested in joining the ranks of the members of the organization submit a written application.

The document must express:

• interest in the activities of the organization;
• agreement with its goals and provisions of the charter;
• willingness to accept responsibility in case of non-compliance with the rules of the organization.

Rights of members of public organizations:

• know about its activities;
• participate in management, initiate amendments to the charter;
• elect, be elected to the governing, auditing, supervisory bodies;
• challenge the legitimacy of the actions of the administration;
• demand compensation for losses caused by illegal actions of the organization.

List of obligations:

• pay contributions (members of the organization lose the right to own property and funds transferred to a public organization for the implementation of statutory activities);
• participate in the formation of the organization's assets in the manner specified by the charter;
• refrain from actions that could harm the organization, complicate the achievement of its goals;
• participate in decision-making, without which the organization cannot continue its activities;
• be liable for illegal actions in the form of exclusion from the members of the organization.

The number of founders of a public organization is imperatively determined by Article 123 of the Civil Code at the level of three persons. Although the organizations in question are nominally associations of citizens, Articles 6 and 18 of 82-FZ allow membership in organizations of legal entities that are public associations. All members of a public organization, whether individuals or legal entities, are equal in rights and duties.

List of persons who cannot be founders, members, participants of a public association

There is an imperative ban on membership in a public organization of public entities and their bodies: the state, state structures, regional authorities, territorial communities represented by the municipality (Article 19 82-FZ).

In a relationship individuals the following rules apply:

• Age limit. By general rule is 18 years old. Given the versatile nature of the potential activities of public associations, this is generally correct. However, there are some doubts. So, in the order of emancipation, a citizen can receive full legal capacity before reaching the age of 18 (Article 27 of the Civil Code). Why a full-fledged member of society bearing the full burden of responsibility for his life cannot be a member/participant of a public association remains a mystery. A member/participant of a youth organization must be at least 14 years old, a child organization must be at least 8 years old. It is worth noting that the allowance is made specifically for members / participants, but not for the founders, which is quite logical. State registration of youth and children's public associations in the Unified State Register of Legal Entities is carried out on the condition that the governing bodies are fully formed from capable citizens (Article 21 82-FZ).
  The admissibility of lowering the age limit should be due to the specific status of the organization (children's or youth), reflected in the name and charter of the organization. At the legislative level, the specifics of such a status are not defined; in the Russian Federation, 98-FZ “On state support of youth and children's public associations” is in force, but not about these associations as such.
• Questions of citizenship. Article 19 82-FZ defined the following rules: unless otherwise stipulated by special legal acts, citizens of the Russian Federation and foreigners with legal permanent residence in the Russian Federation can be founders and members / participants of public associations. Foreigners residing outside of Russia may be honorary members of a public association without conferring on them the usual rights and without imposing on them corresponding obligations. According to Article 23 of the 95-FZ “On political parties”, only citizens can be their members.
• Legal capacity. Article 19 of 82-FZ does not operate with such a concept as legal capacity. And if this is perhaps justified in relation to members/participants, then the founders and members of the governing and supervisory bodies must obviously have full civil capacity. Apparently, such an omission is a consequence of the "obsolescence" of the provisions of the law. 82-FZ was adopted in 1995, and part I of the Civil Code - only in 2001. Meanwhile, issues of legal capacity can be regulated by special legislation. So, according to Article 23 of the 95-FZ, only a capable natural person can be a member of a political party.

The ban on the establishment, membership / participation in the activities of public associations applies to:

• person non grata - foreigners whose stay in the Russian Federation is undesirable (the Foreign Ministry publishes lists of names);
• persons mentioned in the list formed in accordance with 115-FZ "On counteracting the legalization (laundering) of funds obtained by criminal means and the financing of terrorism";
• public associations, the functioning of which was suspended under the rules of 114-FZ "On countering extremist activity";
• persons in whose actions signs of extremist activity are revealed (established by a court verdict);
• persons serving a sentence of imprisonment for committing a crime.

Charter of a public organization, requirements for its content

The charter of a public organization must contain information about:

• its name;
• legal address;
• the territory to which the organization's activities apply (the latter can be all-Russian, regional, local);
• purposes and subject of activity;
• membership, participation;
• the procedure and grounds for gaining and losing membership;
• composition, competence, terms of office of the governing and auditing bodies;
• decision-making procedure;
• a list of issues, decisions on which are taken unanimously or by a qualified majority;
• about the rights and obligations of members (their responsibility is described separately);
• the rights of a public organization and its territorial bodies for asset management;
• the procedure for amending the articles of association;
• the procedure for the distribution of property remaining after the liquidation of the organization.

It is impossible to overestimate the importance of the charter of a public organization. This is a key document for state registration and functioning of a legal entity.

The legal personality of organizations in Russia is special. In other words, public organizations have the right to take only those actions, the possibility of which is stipulated by their constituent documents.

If this is relevant, the standard charter of a public organization should initially include additional information about:

• potentially possible types of activities, including those related to making a profit;
• the right to accept/make donations;
• the possibilities and procedure for disposing of property;
• the right of the organization to represent its members in court and competent authorities;
• symbolism, if you plan to use it.