Federal Law on Public. Law on public organizations of the Russian Federation

Public association is a community that was formed at the request of the inhabitants of the country.

The main feature of a community is the presence of one interest or one goal. To regulate the creation of a public association, it was adopted the federal law No. 82 “On public associations” in the Russian Federation.

What is the law?

Federal Law No. 82 “On Public Associations” in the Russian Federation was adopted State Duma April 14, 1995. The latest changes to the Federal Law were made on December 20, 2017. Also at this time, adjustments were made to Federal Law 115. Details

Subject of regulationpublic relations, which arise when citizens create communities or their subsequent liquidation. Foreign citizens and stateless persons have the same rights as citizens of the Russian Federation regarding this Federal Law. Exceptions are cases established by other laws or international regulations.

Summary Law No. 82 “On Public Associations”:

  • Chapter 1 - Describes general provisions this Federal Law;
  • Chapter 2 - Lists the features of creation public associations, their reorganization and subsequent termination of activities;
  • Chapter 3 - Reveals the rights and obligations of persons participating in the association;
  • Chapter 4 - Describes the concept of community property;
  • Chapter 5 - Reveals the degree of responsibility for violation of Federal Law 82;
  • Chapter 6 - Lists possible international connections communities;
  • Chapter 7 - Describes the final provisions.

Read more about Federal Law 152 new edition. Link

Latest amendments

As mentioned above, last changes Federal Law 82 was introduced on December 20, 2017. In particular, the changes affected the following article:

Ch 5 st 8

A public organization must have a governing body. Makes all major decisions governing body or a leading collegial group in a public association.

Below are important articles that have undergone changes. Lately were not entered.

Article 5 Federal Law 82

Article 5 describes the concept of a public association. This is understood as a self-governing voluntary community created without pursuing commercial goals. Community members have common interests and goals.

Article 7 of the Federal Law on public associations

Article 7 lists the forms in which communities may be organized:

  • Community Group;
  • Public institution;
  • Movement;
  • Fund;
  • Political party (PZ).

82 Federal Law Article 29

Article 29 lists the duties of the collective association. It should:

  • Follow the legislation of the Russian Federation and generally accepted principles and norms of international agreements;
  • Publish reports on the operation of your own property every year;
  • Annually inform the government agency that registered the association about the continuation of activities;
  • Do not interfere with the appearance of an authorized employee at ongoing collective associations of the enterprise;
  • Inform the federal state registration authority on volumes Money or other property that is received from foreign sources. They are specified in the Federal Law “On Non-Profit Organizations”, on the purposes of investigating such funds and the exploitation of real estate.

Community in mandatory must inform the body that made the decision on state registration of this community to change the information that is indicated in Article 5 of the Federal Law “On State Registration individual entrepreneurs And individuals" You may not provide information received within three days of such changes.

If information is not provided several times in a row, the authorized government agency may apply to the court with a written statement asking the community to cease its work.

To receive funding from foreign sources and participate in political activity Russian Federation, the community must register its association as non-profit organization, which performs the function of a foreign object.

Article 35

Article 35 describes the management of property in public institutions. Communities that are financed by one or more owners can be managed on an operational management basis.

Communities that are governed by legal entities may be the property of these citizens. If ownership of real estate passes to a third party, then the assigned property also passes to him, and he has the right to exercise operational management.

Collective communities are responsible for the obligations of the funds that are in their account. If they are not sufficiently subsidized, liability arises. It is borne by the owner of the assigned property (movable and immovable).

Download the current edition of Federal Law 82

Federal Law “On Public Associations” No. 82 arose due to the exercise of the rights to association, creation of activities and reorganization of the collective community. To familiarize yourself with the Federal Law in more detail, you can click here to download.

Federal Law 82 “On Public Associations” regulates the legal relations of citizens that arise when exercising their right to participate in regulated groups. It is prescribed that foreign citizens have similar rights. Exceptions are cases expressly specified in legislative acts or international treaties Russian Federation.

Federal Law 82 “On Public Associations” was adopted on April 14, 1995. It regulates the main issues related to the right of citizens to unite in groups and organizations. A summary of the law can be considered based on the structural list of its chapters:

  • general provisions - include the basic principles of the law, definitions and varieties;
  • the procedure for creating public associations, reorganization and abolition;
  • the rights and obligations of the combined group;
  • ownership and property management, supervision and control over execution;
  • liability for breaking the law;
  • international public associations and international relations.

Federal Law 82 is constantly being updated to update the legislative framework. The purpose of the changes is to optimize the provisions of legal acts, as well as their compliance with other documents adopted in the Russian Federation.

Latest changes to the Law “On public organizations" were introduced in 2016. They touched upon the wording of some articles. There are no later amendments to the law on associations for 2017.

Download Federal Law 82

Download Federal Law 82 “On Public Associations” Can . The document is presented in the current version for 2017. All recent changes have been made to the text. The proposed document is suitable both for obtaining information and for an in-depth study of the legislative framework on issues of association of citizens.

Latest changes made to the law on public associations

The latest changes to Federal Law 82 “On Public Associations” were made in 2016. On January 31, amendments were made to Article 4 of Federal Law 82. According to them, the wording of the first part on the content of the right of citizens to association was changed.

June 2, 2016 article 8 was supplemented by a fifth paragraph on the need to create a sole executive body. In some cases, a collegial executive body is formed.

Since 2016, no amendments have been introduced to Federal Law 82. A number of changes to the Law on Social Movements have been made over early periods. They should be considered using the most relevant articles as an example.

Article 5 Federal Law 82 regulates the concept social movement. This is understood as a voluntary non-profit formation based on the principle of self-government. It is prescribed that it is created on the initiative of citizens who unite in the presence of common interests to achieve common goals. No amendments have been made to the wording of Article 5 since the publication of the document.

Article 7 Federal Law“On Public Associations” prescribes the organizational and legal forms of possible formations. These include:

  • public organization;
  • movement;
  • fund;
  • institution;
  • public initiative body;
  • Political Party.

The last amendments to the article were introduced in 2002. According to them, the last paragraph was added, and the second part of Article 7 was abolished. This provision has no other editions.

In Federal Law 82 Federal Law article 29 prescribes the duties of public associations. These include the following aspects:

  • compliance with Russian and international laws legal norms and principles;
  • publication of an annual report on the use of own property;
  • the need to notify the registration authority about the continuation of its activities, indicating the current location and general information about the name and leaders;
  • if there is a request from the registration authorities, provide all information and reports in the same form in which they are prepared for the tax service;
  • allow an authorized person of the registration authorities to attend events, provide other assistance in familiarizing themselves with the activities of the association;
  • give full information relating to money and property received from foreign sources.

The article separately regulates cases of repeated violation of duties. If an annual report is not submitted, the registration authority has the right to apply to the court to declare the association invalid. This principle applies to annual reports and the provision of related information.

Last changes to article 29 were introduced in 2014. They touched upon the wording of the paragraph on the provision of an annual report on confirmation of activities. The amendments made changed the word “name” to “name”.

The Law “On Public Organizations of the Russian Federation” regulates relations relating to the exercise by people of the right to form social institutions, implementation of activities within their framework, their reorganization/liquidation. The same legal possibilities are established for foreign individuals and stateless persons, except for the cases provided for in regulations.

Scope

The Law “On Public Organizations and Associations” applies to all social institutions formed by citizens. The exception is religious structures. Also, the regulatory act does not regulate the activities commercial structures and non-profit unions and associations formed by them.

Citizens' rights

Individuals have the legal ability to form social institutions (public associations) on a voluntary basis. The purpose of their formation is to protect collective interests and implement common tasks. The right of people to associate also presupposes the opportunity to join or abstain from existing institutions, as well as to terminate membership in them without any difficulties or obstacles. The formation of social institutions thus ensures the realization of interests and rights. The Law “On Non-Profit Public Organizations” allows their formation without the need to obtain prior permission from government agencies, local authorities. Citizens can join such social institutions, subject to compliance with the statutes. The Law “On the Establishment of Public Organizations” does not establish a mandatory requirement for registration. Such social institutions can operate without acquiring the rights of a legal entity. At the choice of citizens, a public organization can be registered in the manner prescribed by the law in question.

Normative base

The rights of individuals to associate, their content, the status of organizations, basic guarantees of the state, the procedure for activities, formation, liquidation/reorganization are regulated not only by the law in question, but also by the Civil Code, as well as a number of other regulations. The specifics of the formation, functioning, and structural transformations of certain types of social institutions can be regulated by specially adopted legal documents. Such organizations, for example, include trade unions, charities etc. Accepted regarding them regulations must correspond to the legal document in question. These institutions can carry out their activities until the adoption of relevant laws. In this case, their functioning is regulated by the document in question.

Concept

The Law “On Public Organizations” reveals the definition of a social institution. It is a self-governing, voluntary formation formed on the initiative of citizens. The structure carries out its activities on a non-commercial basis. Citizens form a social institution in accordance with common interests and goals, which are specified in the charter.

Subjects

The Law “On Public Organizations” establishes that citizens and legal entities can act as founders of a social institution. These entities convene a congress at which they approve the charter and form a control, audit and management apparatus. The founders of a social institution, both legal entities and citizens, perform equal responsibilities and are endowed with equal rights. Members of a public organization – public associations (legal entities) and an individual. Their interest is manifested in the collective solution of the problems of the formed institute on the basis of the provisions of its charter. It is drawn up with appropriate documents (applications) that allow the number of members to be taken into account to ensure their equality as members of the organization. These entities are also endowed with equal legal opportunities and responsibilities. Members of a social institution can be elected and choose the composition of the supervisory, audit and management structures. They also have the right to exercise control over the activities of management bodies in accordance with the charter. If they fail to fulfill their duties or fail to comply with the requirements of the charter, members of a social institution may be expelled from it.

Participants

The Law “On Public Organizations” names legal entities and citizens who express support for the goals of the established institution and specific actions carried out by it. Such entities participate in the activities of the structure without the need to necessarily formalize the conditions of their assistance, unless otherwise provided for in the charter. Like founders and members, participants have equal responsibilities and rights.

Kinds

The Law “On Public Organizations” allows for the formation of:

  1. Movements.
  2. Funds.
  3. Organizations.
  4. Institutions.
  5. Amateur bodies.
  6. Political parties.

Public organization

It is based on membership. This structure is being formed to implement joint activities. The goals of education are to ensure the protection of interests and the implementation of the tasks provided for in the charter. Legal entities and individuals can act as members, unless otherwise established by the Federal Law “On Public Organizations” under consideration. The highest governing structure of a social institution is considered to be a conference (congress) or meeting. The collegial body acts as a permanent management apparatus. He is accountable to the conference or general meeting. A social institution can undergo state registration. In this case, the permanent management apparatus exercises the rights of the legal entity on behalf of the organization and fulfills its duties in accordance with the charter.

Movement

As such, the Law “On Public Organizations of the Russian Federation” recognizes an institution consisting of participants not on the basis of membership. This structure is distinguished by its mass character. A movement may pursue political, social or other socially beneficial goals that are supported by its participants. The highest management apparatus is a conference/congress or meeting. The permanently operating body is an elected collegial structure. She is accountable to the meeting or congress. During state registration of a movement, its governing body, acting permanently, performs duties and exercises rights on behalf of the institute on the basis of the provisions of the charter.

Territorial distribution

Currently, interregional, all-Russian, regional and local organizations are functioning. The former should be understood as an institution whose activities are carried out on the basis of statutory goals in a territory covering less than half of all subjects of the country. In each district, they have their own branches, representative offices, and departments. All-Russian organization is an association that operates in more than half of the country's regions. They also have their divisions in administrative-territorial units. Regional associations refer to organizations operating within the same subject. There are also local social institutions. They operate within the territory controlled by the local government. For more specific regulation of these institutions, special regulatory documents may be adopted. For example, the law “On regional public organizations”.

Principles

In the current regulatory document it is provided that:


Restrictions

The legislation formulates a number of prohibitions regarding the creation and subsequent activities of public organizations. In particular, the formation and functioning of social institutions whose goals or activities are characterized as extremist and aimed at inciting interethnic and other hatred is not allowed. This ban was introduced on August 10, 2002. A public organization may include in its program and founding documents provisions related to the protection of ideas about social justice. The formulation of such concepts cannot be considered as measures that contribute to inciting social discord. Restrictions on the formation of certain types of public associations (organizations) can be formulated and approved exclusively within the framework of federal legislation.



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