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How to create a community of small peoples of the North. Communities of indigenous peoples of the Russian Federation - as non-profit organizations Organizational and legal form of a community of indigenous peoples

the federal law dated July 20, 2000 N 104-FZ
"About general principles indigenous community organizations small peoples North, Siberia and Far East Russian Federation"

With changes and additions from:

This Federal Law establishes the general principles of organization and activity of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous peoples, and also defines legal basis community form of self-government and state guarantees for its implementation.

President of Russian Federation

Moscow Kremlin

The law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small-numbered peoples created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous small-numbered peoples. The legal foundations of the community form of self-government and state guarantees for its implementation are determined. The Law applies to all communities of small peoples, including those created before its entry into force, as well as to unions (associations) of communities of small peoples.

Organs state power of the Russian Federation, state authorities of the constituent entities of the Russian Federation and bodies local government can provide assistance to communities of small peoples and their unions (associations) in the form of providing tax benefits and benefits, targeted financing, targeted training of personnel in professions necessary for communities of small peoples, etc. In places where small peoples live compactly, local governments, at the suggestion of communities of small peoples or their unions (associations) may vest them with certain powers of local government bodies.

Issues affecting the interests of communities of small peoples are resolved by state authorities of the constituent entities of the Russian Federation and local governments, taking into account the opinions of communities of small peoples. At the same time, state authorities and local self-government bodies do not have the right to interfere in the activities of communities of small peoples or their unions (associations), except in cases provided for by law.

The community of indigenous small-numbered peoples of the Russian Federation (community of small-numbered peoples) is a form of self-organization of persons belonging to the indigenous small-numbered peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborhood principles in order to protect their original habitat, preserve and development of traditional way of life, economics, crafts and culture.

The indigenous peoples of the North, Siberia and the Far East include peoples living in the territories where their ancestors settled, numbering less than 50,000 people and recognizing themselves as independent ethnic communities.

The specifics of the legal status of communities of small-numbered peoples, their creation, reorganization and liquidation, management are determined by the Federal Law of July 20, 2000 No. 104-FZ “On the general principles of organizing communities of indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation.”

Communities of small peoples are organized on a voluntary basis from persons who have reached the age of 18, upon their written application or by making an entry in the minutes of the general meeting (gathering) of community members. Communities can be established by individuals - citizens of the Russian Federation (at least three), belonging to small nations and over 18 years of age.

Membership in a community of small peoples can be collective (family, clan) or individual. The right of individual membership is granted to citizens of the Russian Federation who belong to small nations and have reached 16 years of age. Members of the community can be persons who are not members of small peoples, but who carry out traditional economic activities and crafts of small peoples. Legal entities, government bodies of the Russian Federation, constituent entities of the Federation and local self-government, and their officials cannot be either founders or members of a community of small-numbered peoples.

Members of a community of small-numbered peoples are liable for the obligations of the community within the limits of their share in the property of the community. The community is not responsible for the obligations of its members.

Communities of small peoples conduct their activities on the basis of a constituent agreement and charter. They must define the name of the community, location, main types of economic activity and other information provided for by the legislation of the Russian Federation and the constituent entities of the Federation. From the moment a decision is made to organize a community, it is considered created and is subject to mandatory state registration.

Decisions on the creation of a community, approval of its charter, formation of governing bodies and control bodies are made at the constituent meeting, where all citizens living in the territory (part of the territory) of the relevant municipality have the right to be present.

A community of small-numbered peoples may own property transferred by its members as a contribution; financial resources belonging to the community (own and borrowed); voluntary donations from individuals and legal entities, including foreign ones; other property acquired or received by the community. Communities independently own, use and dispose of their property. They have the right to carry out business activities that comply with the statutory goals.

Communities of small peoples, regardless of their types of economic activity, have the right to voluntarily unite into unions (associations) of communities on the basis of constituent agreements and (or) charters adopted by unions (associations) of communities. 2.4.

PROTOCOL

constituent assembly of the community

indigenous people ____________

The founding meeting of the community took place “___”_________ 200___ at the address: _

Present: __

__________________________________

(last name, first name, patronymic in full)

__________________________________

(last name, first name, patronymic in full)

__________________________________

(last name, first name, patronymic in full)

__________________________________

(last name, first name, patronymic in full)

Meeting agenda:

1. On the creation of the Community __________________.

3. On approval of the Charter.

5. Formation of community control bodies

_________________ (full name) was elected chairman of the general meeting, and _____________________ (full name) as secretary.

_____________________________________________

)

no "against"

"abstained" no

DECIDED:

Create a non-profit organization ________________________________ _____________

On the second question the agenda was addressed by ________________________________ (full name),

who proposed to conclude memorandum of association on the creation of the Community.

"behind"

(signatures) (decoding of signatures)

(if the meeting is attended by a large number of people – indicate the number of votes “for” and “against”, or “unanimously”)

no "against"

"abstained" no

DECIDED:

Conclude a constituent agreement on the creation of a community.

On the third question The agenda was addressed by ________________________________ (full name), who proposed to approve the Community Charter.

"behind" __________________ _______________________

__________________ _______________________

(signature) (signature decryption)

(if a large number of people take part in the meeting, indicate the number of votes or “unanimously”)

no "against"

"abstained" no

DECIDED:

Approve the Community Charter.

On the fourth question The agenda was addressed by ______________________________ (full name), who proposed electing _____________________________________________ to the Community Board, and electing _________________________________________________ as Chairman of the Board.

"behind" __________________ _______________________

(signatures) (decoding of signatures)

(if a large number of people take part in the meeting, indicate the number of votes “for” and “against”, or “unanimously”)

no "against"

"abstained" no

On the fifth question The agenda was addressed by ________________________________ (full name), who proposed electing an audit commission of the Community consisting of ________________________________________.

"behind" __________________ _______________________

(signatures) (decoding of signatures)

(if a large number of people take part in the meeting, indicate the number of votes “for” and “against”, or “unanimously”)

no "against"

"abstained" no

Chairman of meeting __________________ _______________________

(signature) (signature decryption)

Secretary of the meeting __________________ _______________________

(signature) (signature decryption)

Project

MEMORANDUM OF ASSOCIATION

on the creation of a non-profit organization

_____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities)

______________ "__"________200__

1. THE SUBJECT OF THE AGREEMENT

1.1. We, the founders of the community:

(last name, first name, patronymic in full)

4.3. The Community carries out other types of activities that are not prohibited by the current legislation of the Russian Federation and do not contradict the Charter of the Community.

5. MEMBERSHIP

5.1. Membership in the Community can be collective (membership of families (clans)) and individual (membership of persons belonging to the people ___________ (specify which one).

5.2. Community members have the right to leave. In case of leaving the community, a member of the Community and members of his family are given a share of the community's property.

5.3. The rights and obligations of members of the Community, the procedure and conditions for joining and leaving the Community are determined by the charter of the Community.

If, when organizing the Community, the founders transfer property as a contribution (contribution), this must be reflected in this agreement.

6. COMMUNITY MANAGEMENT PROCEDURE

6.1. The procedure for managing the Community, the structure of management bodies, the procedure for creating control bodies, as well as the competence of management bodies and control bodies are determined by the Charter of the Community.

6.2. The founders (members) of the Community participate in the management of the Community in the manner determined by the charter and current legislation.

7. CONSIDERATION OF DISPUTES

7.1. The founders of the Community will make every effort to resolve all disagreements and disputes arising under this Agreement, in connection with it or as a result of its implementation, through negotiations.

7.2. Disputes and disagreements that cannot be resolved through negotiations are resolved in court or other established by law ok.

7.3. Disputes and disagreements on issues internal organization Communities and relationships between its members can be resolved on the basis of the traditions and customs of small peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not harm the interests of other ethnic groups and citizens.

8. CHANGE AND TERMINATION OF THE AGREEMENT

8.1. This agreement becomes invalid only in the event of the liquidation of the Community.

8.2. Changes to this agreement are made in cases established by law.

9. ENTRY INTO FORCE

9.1. This Agreement comes into force from the moment it is signed by all founders.

10. FINAL PROVISIONS

10.1. All changes and additions to this Agreement must be made in writing.

10.2. If any of the provisions of this Agreement becomes invalid due to changes in legislation or other reasons, this will not be a reason for suspending the validity of the remaining provisions.

An invalid provision must be replaced by a provision which is valid in legal terms and close in meaning to the replaced one.

Founders signatures:

__________________ _______________________

(signatures) (decoding of signatures)

Project

APPROVED

General meeting (gathering) of members

_____________________________________

(indicate the form of the community: family (tribal) or (territorial-neighborhood)

indigenous communities

_____________________

(indicate the name of the Indigenous Peoples and the Community)

"___"___________ 200 ___ g.

Chairman of the General Meeting (gathering)

_____________ __ _________________

(signature) (signature decryption)

U S T A V

_____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities)

1. GENERAL PROVISIONS

1.1_____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities), hereinafter referred to as the “Community”, was created for the joint implementation of the goals and objectives provided for by this Charter.

The community operates on the basis of voluntariness, equality, self-government, legality, transparency, and freedom in determining its internal structure, forms and methods of its activities.

1.2. The full name of the Community in Russian is _____________ _____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities).

Abbreviated name in Russian – _____________________ _______________________________________________________________

1.3. The Community carries out its activities in accordance with the Constitution, the Federal Law “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”, the Federal Law of the Russian Federation “On Non-Profit Organizations”, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation, this Charter.

1.4. The community is a non-profit organization and does not pursue the goal of making a profit.

1.5. The community freely disseminates information about its activities.

1.6. Organizational legal form Communities - a community of indigenous people.

1.7. Community Type – indicate (family (tribal), and/or territorial-neighborhood).

1.8. Territorial scope of activity of the Community: __________________.

1.9. Location of the Community – _________________________________ Location governing body Communities - Community Boards: _________________________________, the documents of the Community are stored at the indicated address.

The postal address of the Community is _______________________________________.

2. LEGAL STATUS OF THE COMMUNITY

2.1. The community is considered created from the moment the decision to organize the Community is made and after state registration it acquires rights legal entity.

2.2. The community has separate property, is responsible for its obligations with this property, can, in its own name, acquire and exercise property and non-property rights, bear responsibilities, act as a plaintiff and defendant in courts.

2.3. The community has an independent balance sheet and has the right, in accordance with the established procedure, to open bank accounts on the territory of the Russian Federation and outside its territory.

2.4. The community has a round seal with its full name, has the right to have forms and stamps with its name, as well as an emblem registered in the prescribed manner.

2.5. The Community is not responsible for the obligations of Community members. The community is not responsible for the obligations of the state, and the state is not responsible for the obligations of the community. Members of the Community are liable for the obligations of the Community within the limits of their share of the property of the Community.

2.6. The community can create business partnerships, societies and other business organizations with the status of a legal entity, with the condition that they create at least 50 percent of jobs for __________ (SIPN), join Russian and international public associations, maintain direct international contacts and connections.

2.7. The community has the right to conclude contracts (agreements) with regional authorities and economic entities of all forms of ownership, to participate in the preparation of legislative and regulatory acts on issues of socio-economic and cultural development of the Sami.

3. COMMUNITY FOUNDERS

3.1. The founders of the Community are

1) ___________________________________________________

(last name, first name, patronymic in full)

passport __________________________________________, issued ________________________________ “____” ___________________

2) ___________________________________________________

(last name, first name, patronymic in full)

passport __________________________________________, issued ___________________________________ "____" __________________

3) ___________________________________________________

(last name, first name, patronymic in full)

passport __________________________________________, issued by ___________________________________ “____” ___________________

(the founders of the community must be at least 3 representatives of indigenous peoples)

4. SUBJECT AND GOALS OF THE COMMUNITY'S ACTIVITIES.

MAIN TYPES OF BUSINESS.

4.1. The main goals of the Community are:

Protection of the original habitat, preservation and development of the traditional way of life;

Preservation, revival and development of traditional industries economic activity, rational use of natural resources, ensuring the traditional way of life, culture and language, as well as preserving the settlement area and habitat local population, as the main condition for the survival and development of indigenous peoples of the North;

Monitoring compliance with environmental legislation natural environment during the industrial use of lands and natural resources, construction and reconstruction of economic and other facilities in places of traditional residence and economic activity of small people _____________ ( indicate which one);

Promoting the creation of favorable conditions for solving problems of socio-economic and cultural revival and further development people ____________ (SIPN), implementation and protection of their civil, political, economic, social and cultural rights and freedoms.

The community also aims to strengthen friendship and mutual understanding of the ____________ people (SIPN) with other peoples.

4.2. The main types of economic activities of the Community are:

Indicate the specific activities that the community will engage in, e.g. :

Reindeer husbandry (breeding domestic reindeer), processing and sale of reindeer products, including the collection, procurement and sale of antlers, antlers, endocrine glands, offal, reindeer skins;

Fishing, including sea and river fishing, processing and sale of aquatic biological resources, including marine mammals;

Harvesting of marine animals and birds (hunting), processing and sale of harvested marine mammals;

Coastal crab fishing, extraction (collection), processing and sale of other aquatic animals and plants, including seafood that are not fished;

Hunting, processing and sale of hunting products;

Extraction, processing and sale of animals that are not hunted;

Gathering, including collection of wild plants, as well as processing and sale wild plants and their fruits (berries, mushrooms, edible and medicinal plants, nuts, etc.), as well as the traditional collection of eggs waterfowl in designated areas;

Collection, processing and sale of publicly available items (animal bones, ornamental materials, dry wood, etc.);

Dressing of animal skins, including sea skins;

Production of national utensils, equipment, sledges, boats, national fur clothing, shoes and their sale;

Production of national souvenirs, artistic and other works national culture, as well as their implementation;

Weaving from herbs and plants;

Other trades and crafts related to the processing of fur, leather, bone, ornamental and semi-precious stones;

Sled dog breeding and training, sale of sled dogs;

Breeding riding horses;

Home gardening;

Construction of national dwellings or arrangement of housing in accordance with national traditions and customs;

Construction of religious and other buildings, as well as arrangement of places that have historical, cultural, religious, environmental, spiritual and other value for the Itelmens and Koryaks in accordance with their national traditions and customs;

Organization of ritual holidays related to the maintenance of traditional intra- and interethnic ties;

Transfer of traditional ecological knowledge, environmental education and the development in this regard of a special sphere of ethno-ecological tourism;

Other traditional crafts, rural and community production;

Dissemination of environmental knowledge and involvement of indigenous and local populations in environmental activities;

Training of indigenous and local people to carry out conservation and rational use natural resources;

Study of natural and cultural heritage sites using them for educational purposes;

Creation of infrastructure for the development of environmental, ethno-historical and sports tourism;

Other types of activities in the field of education and culture.

4.3. The community can observe the religious traditions and rituals of the people, if such traditions and rituals do not contradict the laws of the Russian Federation, can maintain and protect places of worship, create their own cultural centers and other public associations.

4.4. The community may carry out other types of activities not prohibited by the current legislation of the Russian Federation.

The duration and schedule of the working day, the procedure for providing days off are determined by the Community and approved at the general meeting of the Community.

7.2. The community independently determines the forms, systems and amount of remuneration. The organization of remuneration, as a rule, is based on the principles of collective and individual contracting, taking into account the final results of work. Individual earnings of Community employees are determined by labor contributions and the size of the share of profits that is allocated to wages. The community has the right to attract any specialists to work under an employment contract with remuneration by agreement of the parties.

7.3. Community workers are subject to social and health insurance in the manner and under the conditions established for workers and employees of state enterprises. The community makes social and health insurance contributions in the manner and amounts established by current legislation.

7.4. The community has the right to enter into contractual relations with other organizations, with executive bodies state authorities, local governments to resolve issues of social, cultural and everyday development. Community employees are provided with benefits in accordance with current legislation. The community has the right, at its own expense, to establish additional social security benefits for members of the workforce.

7.5. Community members are required to take personal labor participation in the activities of the community. Otherwise, they are subject to exclusion from members of the community by decision of the General Meeting of Community Members.

It is also necessary to determine the measures of responsibility of Community members for violation of obligations regarding personal labor and other participation.

8. COMMUNITY GOVERNMENT BODIES

8.1. The highest governing body of the Community is the General Meeting of Community members, which is held at least ____________________ (indicate the most acceptable terms, for example - at least once a quarter).

8.2. The next meeting of the Community members is convened by decision of the Chairman of the Board, approved by the Community Board.

An extraordinary general meeting of Community members may be convened by decision of the Community Board, the Chairman of the Board, or at the request of at least one third of the Community members.

The Chairman of the Board notifies the members of the Community of the date, place of the general meeting and the agenda of the meeting no later than _________ (for example, 15 days, month) before the date of the general meeting.

8.3. The general meeting of Community members is considered authorized if more than half of the Community members participate in it. A decision is considered adopted if the majority of members present at the meeting vote for it.

One member (collective or individual) has one vote.

8.4. The exclusive competence of the General Meeting of Community members includes:

8.4.1. Acceptance (approval) of the Community Charter, amendments and additions to it;

8.4.2. Election of the Community Board and its Chairman;

8.4.3. Acceptance of new members;

8.4.4. Expulsion from the community;

8.4.5. Determination of the main directions of the Community’s activities;

8.4.6. Election of the audit commission;

8.4.7. Making decisions on reorganization, liquidation, self-dissolution of the community;

8.4.8. Approval of decisions of the Chairman of the Community Board.

On the issues listed in paragraphs 8.4.1, 8.4.3, 8.4.4., 8.4.7. (determine which one), the decision is made by a qualified (2/3) majority of votes of the Community members.

The competence of the general meeting of members of the Community also includes:

Hearing reports from the Community Board and the Community Audit Commission;

Determining the procedure for distributing income from the sale of surplus products of traditional economics and products of traditional crafts;

Formation of the Community Comrades Court and the creation of voluntary public formations (teams, groups, etc.) for environmental protection, public order in accordance with current legislation;

The General Meeting of Community members has the right to consider any other issue related to the activities of the Community.

8.5. The permanent governing body during the period between general meetings of members of the Community is the Board of the Community, consisting of ______- (specify quantityHuman).

The Board organizes the activities of the Community and holds meetings as necessary, but at least _________ ( indicate the period, for example at least 1once a month).

8.6. Members of the Community who receive more than half of the votes of its members present at the general meeting are considered elected to the Board of the Community.

8.7. Community Board:

Elects the Deputy Chairman of the Board;

Considers applications from citizens who have expressed a desire to join the Community, recommends them to join the Community;

Ensures the implementation of the goals and objectives of the Community;

Determines the priority direction of the Community’s activities, the principles of the formation and use of its property;

Considers issues of organizing and holding General Meetings, approves the agenda of the General Meeting;

Determines the number of workers attracted by the Community according to employment contracts, and the procedure for remuneration for their labor in accordance with the labor legislation of the Russian Federation;

Develops and approves the financial plan of the Community with the right to make changes to it;

Reviews and approves annual reports on the financial and economic activities of the Community;

Approves the decisions of the Chairman of the Community Board;

Hears reports from the Chairman of the Board;

Reports on his work to the General Meeting of the Community;

Annually informs the registration authorities about the activities of the Community, indicating the actual location of the Community Board, and other information necessary for inclusion in the unified state register of legal entities;

And also exercises other powers in accordance with this Charter.

Decisions of the Management Board are signed by the Chairman of the Management Board.

8.8. The Chairman of the Board of the Community is elected by the General Meeting from among its members for a period of _________ (for example - 3 years) by a simple majority of votes.

8.9. Chairman of the Board:

Organizes the work of the Community Board;

During the period between meetings of the Community Board, resolves all organizational, production and other issues, with the exception of those issues that are within the jurisdiction of the General Meeting of Community Members or the Community Board;

Represents the Community in relations with organizations, government and administrative bodies, local government bodies, public organizations in Russia;

Manages the preparation, convenes and conducts meetings of the Community Board, the general meeting of Community members;

Monitors the implementation of the Community’s financial plan;

Appoints staff members of the Community apparatus to positions;

Manages the property and finances of the Community;

Signs banking and financial documents;

Responsible for the accuracy of reporting data financial activities Communities;

Without a power of attorney, he acts on behalf of the Community, carries out transactions provided for by the Law, opens bank accounts, issues powers of attorney, represents the Community in courts, issues orders within his competence, hires and dismisses employees.

If necessary, supplement the specified paragraph.

9. CONTROL AND AUDIT BODY

9.1. The Audit Commission is elected by the General Meeting of the Community for a period of ______________ (for example 3of the year) composed of ___________ (specify quantity) a person to check the financial activities of the Community and is accountable to him.

9.2. Members of the Audit Commission cannot be members of the Community Board or persons holding any positions in the Community apparatus.

9.3. The Audit Commission of the Community conducts annual audits of the financial and economic activities of the Community.

By decision of the General Meeting of the Community, audits of the financial and economic activities of the Community can be carried out on a contractual basis by independent audit organizations.

The audit results are provided once a year Audit Commission Communities in the form of a report to the General Meeting of the Community. The financial year of the Community coincides with the calendar year.

10. PROPERTY AND SOURCES

FORMATION OF COMMUNITY PROPERTY

10.1. The Community may own land plots, buildings, structures, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares and other securities, other property necessary for material support activities of the Community in accordance with this Charter.

10.2. The property of the Community is formed from contributions (contributions) transferred by community members as a contribution upon joining the community, voluntary contributions and donations, income from entrepreneurial activity Communities, as well as from other revenues not prohibited by the legislation of the Russian Federation.

10.3. The community bears financial and other responsibility in accordance with the legislation of the Russian Federation;

10.4. The community independently owns, uses and disposes of its property;

10.5. The community, with the consent of its members, has the right to sell the products of labor produced by its members.

Income from the sale of surplus products of traditional farming and products of traditional crafts are distributed by the General Meeting of Community members for the purposes and in the manner established by this Charter.

10.6. The community is responsible for its obligations in accordance with current legislation.

11. ACCOUNTING AND REPORTING OF THE COMMUNITY

12.10. The property remaining after liquidation and settlement with creditors is subject to distribution among members of the Community in accordance with their share of the Community’s property. The decision on the use of the Community's property remaining after satisfaction of the creditors' claims is published by the liquidation commission in the press.

12.11. After the liquidation of the Community, documents on personnel in accordance with current legislation are transferred to state storage.

12.12. The decision on liquidation is sent to the judicial authority that registered the Community to remove it from the state register of legal entities.

12.13. Disputes regarding the liquidation of the Community are resolved in court.

DRAFT LETTER

to the body implementing

registration of legal entities

Please register a non-profit organization - _____________________ (indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities).

The legal basis for our appeal is the provisions of the current Russian legislation. In accordance with the Civil Code of the Russian Federation (Article 50, paragraph 3), the Federal Law “On Non-Profit Organizations” (Article 2, paragraph 3), legal entities that are non-profit organizations can be created in the form of consumer cooperatives, public or religious organizations (associations) ), owner-financed institutions, charities and other foundations , as well as in other forms, provided by law.

like this another form non-profit organization – "community", provides for the Federal Law of January 1, 2001 “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation,” Article 5 of which states that “the activities of communities are non-commercial in nature.”

Hence, communities indigenous peoples are special form non-profit organization provided for by federal law.

Sincerely,

_________________________________ (signature, transcript of signature, position of authorized person)

The concept of an enterprise, its characteristics. Modern organizational forms of economic entities. Communities of indigenous peoples of Russia. The procedure for opening non-profit organizations. The procedure for terminating a community of indigenous peoples.

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Ministry of Education and Science of the Amur Region

State Public Educational Institution "Amur College of Construction and Housing and Communal Services"

Discipline: Organizational Economics

On the topic: “Organizational and legal forms of an enterprise. Communities of Indigenous Minorities of the Russian Federation"

Completed by: Plugar S.S.

Student of group SE-31

Checked by: Mukhanova T.V.

Blagoveshchensk 2015

1. The concept of an enterprise, its characteristics

An enterprise is an independently operating entity created (established) in accordance with current legislation to produce products, perform work or provide services in order to meet public needs and make a profit.

After state registration, the enterprise is recognized as a legal entity and can participate in economic turnover. It has the following signs:

· the enterprise must have separate property in its ownership, economic management or operational management;

· the enterprise is liable with its property for the obligations that arise in its relations with creditors, including to the budget;

· the enterprise acts in economic transactions on its own behalf and has the right to enter into all types of civil law contracts with legal and individuals;

· the enterprise has the right to be a plaintiff and defendant in court;

· the enterprise must have an independent balance sheet and promptly submit the established government agencies reporting;

· the enterprise must have its own name containing an indication of its organizational and legal form. Enterprises can be classified according to many criteria:

· by appointment finished products enterprises are divided into those producing means of production and those producing consumer goods;

· on the basis of technological commonality, an enterprise with continuous and discrete production processes is distinguished;

· Based on size, enterprises are divided into large, medium and small;

· according to specialization and scale of production of similar products, enterprises are divided into specialized, diversified and combined.

· According to the types of production process, enterprises are divided into enterprises with a single type of production, serial, mass, and pilot.

· Based on the characteristics of activity, industrial enterprises, trade enterprises, transport enterprises and others are distinguished.

· according to the form of ownership, private enterprises, collective, state, municipal and joint ventures(enterprises with foreign investment).

2. Organizational forms of enterprises

In accordance with civil code In the Russian Federation, the following organizational forms of commercial enterprises can be created: business partnerships and societies (communities), production cooperatives, state and municipal unitary enterprises.

Business partnerships and societies (communities):

· general partnership;

· limited partnership (limited partnership);

· society with limited liability,

· additional liability company;

· joint stock company (open and closed).

3. Communities of indigenous peoples of the Russian Federation

indigenous community russia non-profit

According to Art. 6.1 of the Law on Non-Profit Organizations, communities of indigenous small-numbered peoples of the Russian Federation recognize forms of self-organization of persons belonging to indigenous small-numbered peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborhood principles, in order to protect their original habitat, preserve and development of traditional lifestyles, economics, crafts and culture.

In turn, the definition of indigenous peoples is given in Art. 1 of the Federal Law of April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, according to which indigenous peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities.

A unified list of indigenous peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of government authorities of the constituent entities of the Russian Federation in the territories of which these peoples live (Resolution of the Government of the Russian Federation of March 24, 2000 N 255 established such a List).

The need for special legal status for indigenous peoples of the Russian Federation is due, first of all, to the fact that such peoples, in addition to the fact that they are small in number, live in extreme climatic conditions, providing negative impact on the human body. Labor activity of these peoples in traditional and practically the only areas of economic activity possible for them is significantly and constantly hampered by the reduction of the natural resources at their disposal and which are the source of their existence. The impact of such negative factors may lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing for additional measures of their legal protection.

Such peoples are characterized by such concepts as a traditional way of life, that is, a historically established way of life support, based on the historical experience of their ancestors in the field of environmental management, original social organization residence, original culture, preservation of customs and beliefs, and the original habitat - a historically established area within which small peoples carry out cultural and everyday life activities and which influences their self-identification and way of life.

The creation of such an organizational and legal form of legal entities as a community of indigenous peoples is due to the need to represent their interests, as well as to act in civil circulation. Unofficially similar organizations existed before. However, they could not register as legal entities, since the bodies carrying out state registration refused to register communities of small peoples on the grounds that civil legislation does not provide for such organizational and legal forms of legal entities.

It should be noted that the right to create communities of indigenous peoples is also mentioned in the Law on Guarantees of the Rights of Indigenous Peoples of the Russian Federation and in other legal acts. So, in paragraph 1 of Art. 8 of the Federal Law of July 20, 2000 N 104-FZ “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation” states that communities of indigenous peoples are organized on a voluntary basis on the initiative of persons belonging to indigenous peoples, who have reached the age of 18 years. The will to join the community of small peoples must be expressed in the form of a written statement or as an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).

Communities of small peoples are organized without limiting the period of activity, unless otherwise established constituent documents communities.

The constituent documents of the community of small-numbered peoples are:

· memorandum of association;

The founding agreement is concluded by the founders of the community of small-numbered peoples, and the charter is approved by the general meeting (gathering) of community members (clause 3 of article 8 of the Federal Law of July 20, 2000 N 104-FZ).

According to paragraph 1 of Art. 3 of the Law on Non-Profit Organizations, a non-profit organization is considered created as a legal entity from the moment of its state registration in the manner prescribed by law. However, in paragraph 3 of Art. 8 of Federal Law No. 104-FZ of July 20, 2000 states that from the moment a decision is made to organize a community of small peoples, it is considered created. At the same time, the created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.

It seems that the wording of the Law on Non-Profit Organizations is more clear, since it directly links the moment of creation of a community with its state registration. The body carrying out state registration of communities of indigenous peoples is the Ministry of Justice of the Russian Federation.

As in the case of others commercial organizations, the main goal of the community of indigenous peoples is to achieve socially beneficial goals. In particular, such a socially useful goal, as noted in the above definition, is the protection of their original habitat, the preservation and development of traditional ways of life, economics, crafts and culture.

As with other non-profit organizations, in this case the rule applies according to which a community of small peoples has the right to carry out business activities that correspond to the goals for which it was created. Such entrepreneurial activities are mainly associated with their traditional occupations - hunting, reindeer herding, fishing, etc. In this regard, the need to give communities of indigenous peoples of the Russian Federation the status of a legal entity and consolidate the appropriate organizational and legal form is obvious.

4. The procedure for terminating a community of indigenous peoples

The procedure for terminating a community of indigenous peoples and the fate of its property after terminating has certain specifics. By general rule, established in paragraph 1 of Art. 20 of the Law on Non-Profit Organizations, upon liquidation of a non-profit organization, the property remaining after satisfying the claims of creditors is directed in accordance with the constituent documents of the non-profit organization for the purposes for which it was created and (or) for charitable purposes. If it is not possible to use the property of a liquidated non-profit organization in accordance with its constituent documents, it turns into state income.

As for the community of small peoples, its members have the right to receive part of its property or compensation for the cost of such part upon leaving the community of small peoples or upon its liquidation (clause 3 of article 22 of the Federal Law of July 20, 2000 N 104-FZ ). Thus, the procedure is similar to the procedure for terminating business companies and partnerships, when their participants have the right to receive part of the property. The existence of such a rule is obviously due to the fact that a community of small peoples may own property transferred by members of the community as a contribution (contribution) when organizing the community (Clause 1, Article 17 of the Federal Law of July 20, 2000 N 104-FZ ). In this case, the procedure for determining part of the property of a community of small-numbered peoples or compensation for the value of this part is established by the legislation of the Russian Federation on communities of small-numbered peoples.

List of used literature

1. Federal Law "On Non-Profit Organizations". Article 6.1. Communities of indigenous peoples of the Russian Federation dated December 1, 2007 N 300-FZ

2. Federal Law of July 20, 2000 N 104-FZ (as amended on February 2, 2006) “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”

3. Order of the Government of the Russian Federation dated April 17, 2006 N 536-r (as amended on May 18, 2010) “On approval of the list of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”

4. Order of the Government of the Russian Federation dated 05/08/2009 N 631-r “On approval of the list of places of traditional residence and traditional economic activities of indigenous peoples of the Russian Federation and the list of types of traditional economic activities of indigenous peoples of the Russian Federation”

5. Kryazhkov V. Status autonomous okrugs: evolution and problems // Russian Federation. 2006. N 2. P. 49.

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3. Communities of indigenous peoples of the Russian Federation

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How to create a community of small peoples of the North. Communities of indigenous peoples of the Russian Federation - as non-profit organizations Organizational and legal form of a community of indigenous peoples

With changes and additions from:

More on the topic of Communities of Indigenous Minorities of the Russian Federation:

Project

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MEMORANDUM OF ASSOCIATION

FORMATION OF COMMUNITY PROPERTY

DRAFT LETTER

The concept of an enterprise, its characteristics. Modern organizational forms of economic entities. Communities of indigenous peoples of Russia. The procedure for opening non-profit organizations. The procedure for terminating a community of indigenous peoples.

Send your good work in the knowledge base is simple. Use the form below

3. Communities of indigenous peoples of the Russian Federation

1. Federal Law "On Non-Profit Organizations". Article 6.1. Communities of indigenous peoples of the Russian Federation dated December 1, 2007 N 300-FZ

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