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

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

Differences between public organizations

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

Participants are not liable for the obligations of the enterprise and vice versa. The main differences between public organizations are regional affiliation. They can be all-Russian (operate on the territory of over 50% of Russian constituent entities), interregional, regional (operate only on the territory of a specific region), local (within the territory of a local government body).

Non-profit

Unlike NPOs, as already mentioned, NGOs have membership, where each participant has their own rights and responsibilities.

Autonomous

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

Without forming a legal entity

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

All-Russian

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

Sports

Sports public organization assumes the goal of providing sports events and forming the habit of playing sports among the population.

Regional

An organization of such a plan operates in the territory of only one region. If their number is large, we are talking about an interregional PA.

Ecological

The purpose of forming a public organization is to maintain the normal environmental situation in the area and develop measures to improve it.

How to draw up and approve the charter

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

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

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

Content requirements

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

• name of the NPO;
• place of residence;
• goals of creation and actual activities;
• participation/withdrawal procedure;
• composition of members;
• the procedure for making new decisions;
• property rights and obligations;
• nuances of property distribution during the liquidation process.

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

In each section, points should be clearly stated for clarification. This will avoid disagreements during the practical use of the document, as well as prevent violations of current legislation and infringement of the rights of other participants.

Sample charter

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

Public organization

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

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

Public fund

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

The charter specifies a list of them, as well as the amount of funds that will be accepted by the fund, and the directions for their expenditure.

Public association

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

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

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

Preparation of additional reporting

Federal Law No. 402 states that public organizations, as well as their divisions that do not carry out commercial activities, take a test once a year list of documents:

• balance sheet;
• income statement;
• certificate of the intended use of funds.

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

Agreement

Most often, public organizations conclude the following types of agreements:

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

It is also common to enter into commission agreements, receiving and storage agreements. The counterparty's task is to make sure there is consistency between the text of the contract and the goals of the organization.

Resolution

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

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

Protocol

The form of the document does not have any special approval, so in practice the document used for joint stock companies is used. In this regard, the document must include requisites:

• place and date;
• initials and full name of the chairman;
• agenda;
• provisions for meetings and speeches of participants;
• issues resolved through voting;
• results;
• decisions made.

First, a draft is compiled. Within three days it is necessary to issue a clean document.

Letter

Letters act as means of communication for individual entrepreneurs, organizations, and also as notification tools about the occurrence of certain events.

To draw up a document, it is necessary to study the essence of the issue, collect information, write it, approve it, and sign it with managers. The details contained in the form are following:

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

Order

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

Authorized capital

Authorized capital is the funds needed to generate profit from the activity. In this regard, an NPO cannot have an authorized capital. Instead, she uses sponsorship funds without receiving any financial benefit. This is the property base of the organization.

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

A public organization is an association based on a voluntary basis, characterized by the presence of a system of self-government, non-profit goals, and formation based on the initiative of citizens.

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

The right to form non-profit structures is confirmed by the Constitution of the Russian Federation and is regulated by 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 anyone 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 their activity, there are the following types of public organizations:

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

These types are included in the list of non-profit organizations whose activities are regulated by the 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 implementing a task aimed at satisfying the intangible, spiritual interests of citizens.

Associations are non-profit, so obtaining material benefits is not a primary goal, but, according to 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 goal of its activity, it can be used in the provision of legal services and sales of products.

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

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 local government system;
• Development of art and crafts, 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.

Key points are recorded in the Constitution - the fundamental law of the Russian Federation.

The specifics of the activity are regulated by federal laws and regulations.

State registration of a public association

State registration of public associations is necessary to begin active activities. Registration is required for this association to obtain the rights of a legal entity and to fully carry out its 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 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. The Federal Tax Service plays an important role in registration, based on legislation.

According to the law, registration of non-commercial legal entities is carried out according to the general rules for registration of legal entities. Companies whose main purpose is trade union activity are entered into the register by notification procedure; they are an association of trade unions.

Features of property relations within public organizations

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

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

It is worth noting that income received from the provision of services or sales 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.

Uniting public organizations into associations (unions)

According to the law, a public organization, by decision of community members, can transform into a union or association through merger.

The goals of the activity can be aimed at achieving socially significant ideas, interests and benefits for citizens that are not related to receiving 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 public organization

According to the decision of the organization's participants, transformation of the community is possible.

Transformation of a legal entity of this type is possible into the following types of communities:

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

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

Conversion is possible only in the manner prescribed by law.

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creation of a public organization

I am the director of an autonomous non-profit organization, 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 creating an association. How should this be done?

Sandra 06/16/2019 09:47

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

Sazonov Sergey Vladimirovich 17.06.2019 13:20

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Contact us, we will help you.

21.06.2019 10:30

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

There is a regional public organization. What powers can be vested in a group of members of this organization in the area? What documents can support 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 specified in the constituent documents. According to Art. 14 Federal Law "On Non-Profit Organizations" dated January 12, 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 government institution;

the constituent agreement concluded by their members and the charter 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 provided for by law, a non-profit organization may act on the basis of the general regulations on organizations of this 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 of a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of the property of the non-profit organization, the procedure for making changes to the constituent documents of the non-profit organization, the procedure for using property in the event of liquidation of the non-profit organization and other provisions, provided for by this Federal Law and other federal laws.

In the constituent 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 participation in its activities, the conditions and procedure for the withdrawal of founders (participants) from its membership.

The fund's charter must also contain the name of the fund, including the word "fund", information about the purpose of the fund; instructions on the foundation's bodies, including the board of trustees, and on the procedure for their formation, on the procedure for appointing officials of the foundation and their dismissal, 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 management bodies, the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, and on the procedure for the distribution of property remaining after liquidation of an association (union), non-profit partnership.

The charter of a budgetary or state-owned 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 types of activities that a budgetary or state-owned institution has the right to carry out in accordance with the goals for which it was created, instructions on the structure, competence governing bodies of the institution, the procedure for their formation, terms of office and the procedure for the activities of such bodies.

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

20.06.2019 21:49

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foreclosure of property by the bailiff service

Can bailiffs foreclose 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 carried out on a criminal fine based on a court verdict

Dmitry 05/07/2019 08:57

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

Deadline for 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 debtor for bank details and transfers monthly (electronically or tops up the creditor’s card with cash), making sure to keep the receipts. THE IMPORTANT WHEN TRANSFERING OR DEPOSITING IS TO INDICATE THE NAME OF THE TRANSFER. FOR EXAMPLE, "PAYMENT BY DECISION/ORDER (name of the court) dated November 09, 2018. This option of settlement with the creditor will create the most comfortable conditions for repayment and settlement of debts. To transfer alimony, open a personal account/accounts for children in the bank and transfer to them alimony.

The car is under arrest by the bailiffs, what to do?

Can bailiffs describe parents' property for children's debts?

How much can bailiffs deduct from wages if there are children?

Do bailiffs have the right to withdraw money from pensions?

Do bailiffs have the right to open an apartment without the owner? (Civil Code of the Russian Federation Article 388. Conditions for the assignment of a claim, Part 2. The assignment of a claim under an obligation in which the identity of the creditor is essential for the debtor is not permitted without the consent of the debtor).

Can bailiffs seize a credit account?

Which accounts cannot be seized by bailiffs?

You must show documents confirming ownership of the property (checks, receipts). Show documents proving ownership by another person: sales receipts, contracts, deeds of gift, electronic receipts, bank statements, deeds of inheritance, draw up a simple purchase and sale 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 time the property will be seized; when it is impossible to determine ownership, there is a right to demand the exclusion of property, exemption from seizure and protection from sale. To do this, you need to send an application in the prescribed form and wait for the case to begin in 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 it. The list of what will remain in the possession and use of the debtor in any case is approved by Federal Law No. 229 of 02/01/2008. The list is as follows: an apartment, house or other residential premises, which is considered the only place of residence (if it is not the subject of collateral); personal items for everyday use in the everyday sense; personal medals, orders and other awards; a means of transportation used to earn income or work; materials for heating and cooking; finances equal to the cost of living established in the region.

Any unlawful step of a representative of the FSSP can be appealed within 10 days by the party against whom 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 directly in the form of a lawsuit in court. Each case is considered separately, and if abuse of authority is proven, the items will be returned to the applicant.

Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ (as amended on October 11, 2018, as amended on December 19, 2018) Labor Code of the Russian Federation Article 138. Limitation on the amount of deductions from wages. The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee. According to the Labor Code of the Russian Federation, the amount of salary withheld on account of the debt is calculated in the following proportions: by law - 20% of the salary; 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 50% withholding from wages towards credit debt. If the borrower has children, the amount of withholding is reduced: The presence of 1-2 children - bailiffs do not have the right to withhold more than 30%; The presence of a child studying at a university not on a budgetary basis - 30%. Death of a spouse and presence of minor children - 25%. Death of a spouse and absence of minor children - 50%. According to the law, the court cannot withhold from the following types of profit: 1. Maternity capital and other payments for child support; 2. Compensation for work in hazardous industries or in difficult climatic conditions; 3. Compensation for damage to health received in connection with the work activity of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of those killed at work; 5. Payments to a citizen caring for a group I disabled person; 6.Accruals during the period of dismissal of an employee. In accordance with the norms of clause 12, part 1, art. 101 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ for benefits to citizens with children, accrued from the federal or regional budget (including extra-budgetary state funds - FSS, Pension Fund and Compulsory Medical Insurance Fund) cannot to be levied under enforcement documents.

Article 446 of the Civil Procedure Code of the Russian Federation and Article 101 of the Law on Enforcement Proceedings contain information about what property is not subject to seizure: the only housing, if it is not purchased on credit and is not mortgaged (when it comes to a private house, then the land on which it it’s worth it, they also can’t arrest); basic necessities, personal belongings, household appliances as part of ensuring normal living conditions; things for performing professional duties, the cost of which does not exceed 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 heating premises for one season; transport belonging to a disabled person and necessary for him to move; honorary badges, 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, payments protected from collection, including: compensation for health damage; payment for the loss of a breadwinner, for injury or death while performing a professional duty, for victims of disasters; subsidy for caring for a disabled person; federal surcharges for the purchase of medicines, travel expenses, etc.; alimony; travel and depreciation allowances; benefits for birth, death (funeral benefits) or on the occasion of marriage; social insurance payments (exceptions - pensions and sick leave); child benefits and maternity capital, state assistance to victims of a terrorist attack or the death of a close relative; financial assistance provided by philanthropists; compensation for a tourist package.

Carefully read the documents in the enforcement proceedings. Take photographs of all documents in production. If you disagree with the materials of the proceedings, file a complaint against the bailiff online http://fssprus.ru/form or file a complaint through the office, the chief bailiff of your area against the bailiff who is obliged to execute the court decision. Print on two sheets of paper, one for the institution, the other for 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, contact the court at your place of registration with a statement to challenge the actions/inactions of the bailiff.

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Saibotalov Vadim Vladimirovich 11.05.2019 21:30

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I agree with my colleague.

Fedorova Lyubov Petrovna 12.05.2019 09:50

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Educational activities

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

Natalya 04/23/2019 11:10

There are no legal prohibitions on conducting 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 competencies of an educational organization in the established field of activity include:

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

2) material and technical support for 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 a staffing table, unless otherwise established by regulatory legal acts of the Russian Federation;

5) hiring employees, concluding and terminating employment contracts with them, unless otherwise established by this Federal Law, distributing 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 a development program for an educational organization, unless otherwise established 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 programs by such organizations;

10) carrying out ongoing monitoring of academic performance and intermediate certification of students, establishing their forms, frequency and procedure;

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

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

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

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

14) ensuring in an educational organization that has a boarding school the necessary conditions for keeping students;

15) creation of the necessary conditions for protecting and promoting health, organizing nutrition 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 exercising the functions of developing state policy and legal regulation in the field of education;

16) creating conditions for students to engage in physical education and sports;

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

19) assistance in the activities of public associations of students, parents (legal representatives) of minor 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 and seminars;

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

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

Saibotalov Vadim Vladimirovich 11.06.2019 21:19

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I agree with my colleague.

Fedorova Lyubov Petrovna 12.06.2019 09:05

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Public organizations

Hello. I work in government. Institution. I am a member of a public organization due to the nature of my work. The authorities obliged me, in addition to my duties, to fill out certain documentation for this public organization. Due to the heavy workload of my main work, I fill out the documentation slowly. Does my boss have the right to withdraw incentive payments from me, which make up the majority of my salary? Thank you.

Evgenia 04/22/2019 10:29

According to Art. 135 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 deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, agreements, local regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.

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

This is possible if it is provided for in the bonus regulations.

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Saibotalov Vadim Vladimirovich 14.06.2019 20:10

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I agree with my colleague.

Fedorova Lyubov Petrovna 15.06.2019 08:50

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wage

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

Victor 03/29/2019 12:11

Public organization

Good afternoon. A regional beekeeping society is being created. There are main five founders of the society. The remaining participants are simply members of this society. Is such a society truly social or are we ordinary people simply 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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I agree with my colleague.

Zakharova Elena Alexandrovna 09.12.2018 11:00

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legal basis for the activities of a public organization

Ekaterina 20.11.2018 23:11

Hello! The activities of unions of public associations are regulated by the provisions of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” and the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”. The subject of regulation of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations” (hereinafter referred to as Law No. 82-FZ) is 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 completely agree with my colleague.

Shafir Mikhail Semenovich 22.11.2018 16:22

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You will also find the following articles useful

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

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

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

LEGAL SCIENCES

UDC 347.72 BBK 67

ASSOCIATIONS OF PERSONS WITHOUT FORMATION OF A LEGAL ENTITY

VASILY VASILIEVICH ERIN,

Senior Lecturer, Department of Civil Law and Process, Russian Economic University. G.V. Plekhanov, Kemerovo Institute (branch),

Candidate of Legal Sciences PhD

Scientific specialty 12.00.03 - civil law; business law; family law;

international private law E-mail: [email protected]

Citation index in the NIION electronic library

Annotation. The legal regulation of the creation and activities of certain forms of associations of persons without forming a legal entity is analyzed. The following forms of associations of persons are subject to comparative analysis: a simple partnership agreement, an investment partnership agreement, a consortium, an artel. The possibility of using some historical forms of association of persons without forming a legal entity as one of the means of legal organization for small and medium-sized businesses in the real sector of the economy is noted.

Key words: association, simple partnership agreement, consortium, artel, pool, production cooperative.

Annotation. Analyzed law regulatory of formation and activity of some forms of unincorporated associations of enterprises and persons. Given a comparative analysis of such forms of associations as: partnership agreement, investment partnership agreement, consortium, work association. The author defines the possibility of using some historical forms of unincorporated associations of enterprises and persons as one of means of legal organization of enterprises of small and medium size of economy real sector.

Keywords: unincorporated association, partnership agreement, consortium, pool, cartel, work association, production cooperative.

Currently, taking into account the difficult global economic situation, medium and small business organizations are faced with quite difficult tasks for survival and further development. The need to unite and consolidate joint efforts, unity of goals and commonality of tasks enable enterprises to turn their attention to this form of association of persons without forming a legal entity, such as a partnership. In accordance with Art. 1041 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), under a simple partnership agreement (agreement on joint activities), two or more persons (companions) undertake to combine their investments

dy and act together without forming a legal entity to make a profit or achieve another goal that does not contradict the law. The purposes of a simple partnership agreement may be not only the extraction of profit, but also other purposes that do not contradict the law. At the same time, to carry out investment activities, i.e. activities for investing the common property of partners in investment objects for the purpose of implementing investment, including innovative, projects, the legislator directly provided for the conclusion of an investment partnership agreement. Under an investment partnership agreement, two or more persons (partners)

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undertake to combine their deposits and carry out joint investment activities without forming a legal entity in order to make a profit. Participants in an investment partnership agreement can be not only commercial organizations, but also non-profit organizations carrying out entrepreneurial activities to achieve their goals. At the same time, the legislator clearly indicated that foreign legal entities and foreign organizations that are not legal entities under foreign law participate as a party to the agreement, taking into account the legislation of the Russian Federation and the provisions of international treaties. Accordingly, the circle of participants in an investment partnership is strictly limited by the legislator: firstly, the number of participants is no more than 50, and secondly, neither individuals nor public legal entities can be parties to an investment partnership agreement.

Thus, from the analysis of the norms of the Civil Code of the Russian Federation and the Federal Law dated November 28, 2011 No. EE5-FZ “On Investment Partnership,” we can conclude: an investment partnership agreement is a type of simple partnership agreement.

In addition to partnerships, there are other forms of association of persons, for example, a consortium. UN Economic Commission for Europe in 1973 and 1979 Guidelines have been developed for drawing up contracts for the creation of consortia, which are advisory in nature. The consortium is characterized by the following features:

$ consistency of the goals of the participants in the implementation of the investment project; the temporary nature of the creation, determined by the term of the contract or the achievement of the set goal - the implementation of a specific project;

$ contractual nature of the relationship between the participants and between the consortium and the customer, as well as third parties; lack of legal entity status; preservation of legal independence by participants who are subjects of entrepreneurial activity.

However, earlier some authors (M.I. Makhlina) raised the objection that giving a consortium the status of a simple partnership is unlawful, since they differ greatly in internal economic relations and structure. However, as noted by I.S. Shitkin, the main purpose of creating consortia is the implementation of large-scale projects, programs, order fulfillment, when for production, financial, technical or other reasons it is necessary to combine the efforts of several commercial organizations: industrial and (or) credit and financial. If we consider the experience of foreign legislation, in particular in Art. 233 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the concept of consortium is defined as a temporary voluntary equal union (association) based on an agreement on joint economic activity, in which legal entities combine certain resources and coordinate efforts to solve specific economic problems. A simple partnership in accordance with the Civil Code of the Republic of Kazakhstan is formed on the basis of an agreement on joint activities and, unlike a consortium, its participants can be citizens or citizens and legal entities.

In addition to consortia, there are other associations of individuals in business activities, for example, a pool and a cartel. The purpose of cartel formation is to obtain profit in the common interests of participants by eliminating or regulating competition between cartel participants, as well as by suppressing external competition. A pool is understood as a voluntary contractual form of association of entrepreneurs, most common in the service sector: trading, stock exchange, patent, insurance, transport services, etc.

The above forms of association of persons are typical mainly for large capital, as well as for the implementation of large investment projects. Is it possible to use the contractual form of partnership for use in medium and small businesses? Currently for the economy

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This is more relevant than ever for the Russian Federation. In accordance with Art. 1041 of the Civil Code of the Russian Federation, participants under a simple partnership agreement can be any persons (partners), including individual entrepreneurs and (or) commercial organizations. To achieve goals, comrades undertake to combine their contributions and act together. Contributions can be money, other property, professional and other knowledge, skills and abilities, business reputation and business connections, as well as everything that is contributed to the common cause. Contributed property, as well as products, fruits and income produced in the course of joint activities are recognized as the common shared property of the partners, unless otherwise established by law or a simple partnership agreement or follows from the essence of the obligation. The profit received, unless otherwise provided by the contract or agreement of the partners, is distributed among the partners in proportion to the value of their contributions. In addition to connecting the contribution, you should pay attention to the term that the legislator uses when naming the parties to the agreement, namely the word “comrade”. In addition to the use of this term in the Soviet period as an address to a citizen, this word was also used in the pre-revolutionary period in other meanings: 1. as a designation of a person close to someone in views, activities, living conditions, 2. to designate certain positions (for example, comrade minister).

If we turn to history, we can find a form close to a simple partnership agreement; this is an artel. Despite the fact that in the Civil Code of the Russian Federation this term is used to designate a production cooperative (Article 106.1 of the Civil Code of the Russian Federation). A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, marketing of industrial, agricultural and other products, performance of work, trade, consumer services, provision of other services), based on their personal labor and other participation and association by its members (participants) of property share contributions.

The “historical” artel and the production cooperative have both similarities and differences. The similarities between them are, first of all, that:

“historical” artel and production cooperative are associations of individuals;

these associations are formed on a voluntary basis;

persons participate as members;

each of their participants has equal

participants jointly carry out economic activities;

management organization is carried out on the basis of self-government and coordination of actions.

The differences between these two forms include the following:

a production cooperative is a commercial organization, i.e. legal entity. The “historical” artel was an association of persons on the basis of a written or unwritten agreement;

the number of members of the cooperative cannot be less than five people. For a “historical” artel, the number of members is not limited, but accordingly a minimum of two is implied; The responsibility of members of a production cooperative is subsidiary and is determined by the charter of the cooperative. The responsibility of the members of the “historical” artel was determined by the principle of mutual responsibility. The historical experience of the formation and development of the artel was quite extensive and successful, since it was used at many production facilities in various sectors of the economy, in particular, P.M. Rya-bushinsky, S.I. Mamontov and many others.

Taking into account that in the current existing economic realities, in order to overcome the challenges facing the state and society, it is necessary to apply a more flexible legal mechanism to both large and medium and small businesses, a brief overview of existing and existing domestic and

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foreign forms of associations of persons makes it possible to widely use and apply these forms at present to solve many problems.

Literature

1. Civil Code of the Russian Federation (Part Two) dated January 26, 1996 No. 14-FZ (as amended on July 21, 2014) // Collection of Legislation of the Russian Federation, 01.29.1996, No. 5, Art. 410.

2. Federal Law of November 28, 2011 No. EE5-FZ “On Investment Partnership” (as amended on July 21, 2014) // www.pravo.gov.ru.

3. Civil and commercial law of capitalist states / resp. ed. E.A. Vasiliev. M.: International Relations, 1993. P. 360.

4. Makhlina Selected publications. 1992-

1999. M.: Nestor Academic Publishers LLC,

5. Shitkina I.S. Holdings: legal regulation and corporate governance: scientific and practical publication. M., Wolters Kluwer, 2006. P. 63.

6. Civil Code of the Republic of Kazakhstan (general part) dated December 27, 1994 No. 269-XII (as amended on November 7, 2014) // www.http://online.zakon.kz.

7. Legal encyclopedia / ed. M.Yu. Tikhomirov. M., 1998. P. 196.

8. Legal Encyclopedia / ed. M.Yu. Tikhomirov. M., 1998. P. 376.

9. Federal Law of May 8, 1996 No. 41-FZ “On Production Cooperatives” // Collection of Legislation of the Russian Federation, May 13, 1996, No. 20, Art. 2321.

10. Artel and artel man / resp. Ed. O.A. Platonov. M.: Institute of Russian Civilization, 2014. P. 17.

11. Novikov I.A. Artel as a sociocultural phenomenon of pre-revolutionary Russia (to the problem of determining the boundaries of applicability of the term “artel” for the study of the traditions of collective labor of the second half of the 19th - early 20th centuries) // Historical Yearbook. 2010: Sat. scientific tr. / Institute of History SB RAS. Novosibirsk: Parallel, 2010. P. 69.

12. Big Encyclopedic Dictionary // www.vedu.ru/bigencdic/63039/.

1. Civil code of the Russian Federation (part second) of 01/26/1996 No. 14-FZ (edition of 07/21/2014) //Collection of the legislation of the Russian Federation, 01/29/1996, No. 5, Art. 410.

2. The federal law of November 28, 2011 No. 335-FZ “About investment association” (an edition of 07/21/2014) //www.pravo.gov.ru.

3. Civil and commercial law of the capitalist states / resp. edition E.A. Vasilyev. M.: International relations, 1993. P. 360.

4. Makhlina Chosen publications. 1992-1999. M.: JSC Nestor Akademik Pablisherz, 2000. P. 50.

5. Shitkina I.S. Holdings: legal regulation and corporate management: scientific and practical edition. M, Volters Kluver, 2006. P. 63.

6. Civil code of the Republic of Kazakhstan (general part) of 12/27/1994 No. 269-XII (edition of 07.11.2014) //www. http://online. zakon.kz.

7. The legal encyclopedia / under the editorship of M. Yu. Tikhomirov. M, 1998. P. 196.

8. The legal encyclopedia / under the editorship of M. Yu. Tikhomirov. M, 1998. P. 376.

9. The federal law of 05/08/1996 No. 41-FZ “About production cooperatives” // Collection of the legislation of the Russian Federation, 05.13.1996, No. 20, Art. 2321.

10. Artel and collective person / resp. Edition O.A. Platonov. M.: Institute of the Russian civilization 2014. P. 17.

11. Novikov I.A. Artel as a sociocultural phenomenon of pre-revolutionary Russia (to a problem of delimitation of applicability of the term “artel” for research of traditions of collective work of the second half of XIX - the beginning of the XX century) // Historical Year- book. 2010 / Institute of history of the Siberian Branch of the Russian Academy of Science. - Novosibirsk: Parallel. 2010. P. 69.

12. Big Encyclopaedic dictionary // www.vedu.ru/ bigencdic/63039/