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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 the 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 for the organization and activities of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, created in order to protect the original habitat, traditional way of life, the rights and legitimate interests of these indigenous peoples, and also defines legal framework communal 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, activity, reorganization and liquidation of communities of small peoples created in order to protect the original habitat, traditional way of life, rights and legitimate interests of these indigenous peoples. The legal foundations of the communal form of self-government and state guarantees for its implementation are determined. The Law applies to all communities of indigenous peoples, including those created before its entry into force, as well as to unions (associations) of communities of indigenous peoples.

Organs state power 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 tax benefits and benefits, targeted financing, targeted training of personnel in professions necessary for communities of small peoples, etc. or their unions (associations) may give them separate powers of local self-government bodies.

Issues affecting the interests of communities of small peoples are resolved by state authorities of the subjects 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 are not entitled to interfere in the activities of communities of small peoples or their unions (associations), except as otherwise provided by law.

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

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

Features 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 for Organizing Communities of Indigenous 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 peoples and over 18 years old.

Membership in a community of small peoples can be collective (family, clan) and individual. The right of individual membership is granted to citizens of the Russian Federation who belong to small peoples and have reached the age of 16. Members of the community may be persons who do not belong to small peoples, but who carry out traditional economic activities and crafts of small peoples. Both founders and members of the community of small peoples cannot be legal entities, state authorities of the Russian Federation, subjects of the Federation and local self-government, their officials.

Members of the community of small 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 management 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 established and is subject to mandatory state registration.

Decisions on the creation of a community, the approval of its charter, the formation of management and control bodies are made at the constituent assembly, where all citizens residing on the territory (part of the territory) of the corresponding municipality have the right to attend.

A community of small peoples may own property transferred by its members as a contribution (contribution); financial resources belonging to the community (own and borrowed); voluntary donations of 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 entrepreneurial activities corresponding to the statutory goals.

Communities of small peoples, regardless of their types of management, 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 constituent assembly of the community was held on "___" _________ 200___ at the address: _

In attendance: __

__________________________________

(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 the approval of the Charter.

5. Formation of control bodies of the community

_________________ (Full Name) was elected Chairman of the General Meeting, _____________________ (Full Name) as Secretary.

_____________________________________________

)

"against" no

"abstained" no

RESOLVED:

Create a non-profit organization ________________________________ _____________

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

who proposed to conclude memorandum of association about the creation of the community.

"behind"

(signatures) (decryption of signatures)

(if attending the meeting a large number of people - indicate the number of votes "for" and "against", or "unanimously")

"against" no

"abstained" no

RESOLVED:

Conclude a constituent agreement on the creation of the community.

On the third question agenda was made by ________________________________ (full name), who proposed to approve the charter of the community.

"behind" __________________ _______________________

__________________ _______________________

(signature) (signature transcript)

(if a large number of people take part in the meeting - indicate the number of votes or "unanimously")

"against" no

"abstained" no

RESOLVED:

Approve the Charter of the community.

For the fourth question ______________________________ (full name) spoke on the agenda, who proposed to elect the community as part of ________________________________________ to the Board, to elect _________________________________________________ as the Chairman of the Board.

"behind" __________________ _______________________

(signatures) (decryption of signatures)

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

"against" no

"abstained" no

On the fifth question agenda was made by ________________________________ (full name), who proposed to elect the Audit Commission of the Community as part of ____________________________________________.

"behind" __________________ _______________________

(signatures) (decryption of signatures)

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

"against" no

"abstained" no

Chairman of meeting __________________ _______________________

(signature) (signature transcript)

Meeting Secretary __________________ _______________________

(signature) (signature transcript)

Project

MEMORANDUM OF ASSOCIATION

about the creation of a non-profit organization

_____________________________________________

(indicate the form: family (clan) or territorial-neighborly, the name of the 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 (kinds) and individual (membership of persons belonging to the people of ___________ (specify which one).

5.2. Community members have the right to withdraw from it. In case of leaving the community, a member of the Community and members of his family are given a share of the property of the community.

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

If during the organization of the Community, the founders transfer property as a contribution (contribution), it is necessary to reflect this in this agreement.

6. ORDER OF COMMUNITY MANAGEMENT

6.1. The procedure for managing the Community, the structure of the governing bodies, the procedure for creating control bodies, as well as the competence of the governing 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. RESOLUTION 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 execution, through negotiations.

7.2. Disputes and disagreements that cannot be resolved through negotiations shall be settled in court or otherwise. statutory okay.

7.3. Disputes and disagreements on issues internal organization Communities and relations between its members may 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. AMENDMENT AND TERMINATION OF THE AGREEMENT

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

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

9. ENTRY INTO FORCE

9.1. This Agreement shall enter into force from the moment of its signing by all the 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 the suspension of the remaining provisions.

The invalid provision must be replaced by a provision permitted in legal relation and close in meaning to the replaced one.

Founders Signatures:

__________________ _______________________

(signatures) (decryption of signatures)

Project

APPROVED

General meeting (gathering) of members

_____________________________________

(indicate the form of the community: family (clan) or (territorial-neighborly)

indigenous communities

_____________________

(indicate the name of the IP and the Community)

"___" ___________ 200 ___

Chairman of the General Meeting (gathering)

_____________ __ _________________

(signature) (signature transcript)

U S T A V

_____________________________________________

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

1. GENERAL PROVISIONS

1.1_____________________________________________

(indicate the form: family (clan) or territorial-neighborly, the name of the indigenous peoples and communities), hereinafter referred to as the "Community", 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, openness, freedom in determining its internal structure, forms and methods of its activity.

1.2. Full name of the Community in Russian - _____________ _____________________________________________

(indicate the form: family (clan) or territorial-neighborly, the name of the IP and the Community).

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 an indigenous small people.

1.7. Type of Community - specify (family (tribal), or (and) territorial-neighborly).

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

1.9. Location of the Community - _________________________________ Location governing body Communities - Boards of the Community: _________________________________, 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 to be created from the moment the decision on the organization of the Community is made and after state registration acquires the rights legal entity.

2.2. The community has separate property, is liable for its obligations with this property, can acquire and exercise property and non-property rights on its own behalf, incur obligations, act as a plaintiff and defendant in courts.

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

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 the members of the Community. 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 their share of the property of the Community.

2.6. The community can create economic partnerships, companies and other economic organizations with the status of a legal entity, provided that they create at least 50 percent of jobs for __________ (Indigenous Minorities), join Russian and international public associations to maintain direct international contacts and communications.

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 legal acts on the socio-economic and cultural development of the Saami.

3. COMMUNITY FOUNDERS

3.1. The founders of the community are

1) ___________________________________________________

(last name, first name, patronymic in full)

passport ___________________________________________, issued by _______________________________ "____" ___________________

2) ___________________________________________________

(last name, first name, patronymic in full)

passport ___________________________________________, issued by _________________________________ "____" __________________

3) ___________________________________________________

(last name, first name, patronymic in full)

passport ___________________________________________, issued by __________________________________ "____" ___________________

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

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

MAIN TYPES OF MANAGEMENT.

4.1. The main objectives 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 nature management, ensuring the traditional way of life, culture and language, as well as the preservation of the territory of settlement and habitat local population as the main condition for the survival and development of the indigenous peoples of the North;

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

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

The community also aims to strengthen friendship, mutual understanding of the people of ____________ (Indigenous Minorities) with other peoples.

4.2. The main types of management of the Community are:

Specify the specific activities that the community will be involved in, for example :

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

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

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

Coastal crab fishing, harvesting (collection), processing and sale of other aquatic animals and plants, including seafood, which are not objects of fishing;

Hunting, processing and sale of hunting products;

Production, processing and sale of animals that are not objects of hunting;

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

Collection, processing and sale of things publicly available for collection (animal bones, ornamental materials, dry wood, and so on);

Dressing of animal skins, including marine ones;

Production of national utensils, inventory, sleds, boats, national fur clothing, footwear and their sale;

Production of national souvenirs, art 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 of riding horses;

Home gardening;

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

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

Organization of ceremonial holidays associated with the maintenance of traditional intra- and inter-ethnic 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 communal industries;

Dissemination of environmental knowledge and involvement of indigenous and local population in environmental protection;

Training of personnel from the indigenous and local population for the implementation of activities for the protection and rational use natural resources;

The study of objects of natural and cultural heritage with their use for educational purposes;

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

Other activities in the field of education and culture.

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

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

The duration and schedule of the working day, the procedure for granting days off is 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 contracts, taking into account the final results of work. The individual earnings of the Community's employees are determined by labor contributions and the size of the share of the profit that is directed 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. Employees of the Community are subject to social and medical insurance in the manner and on the terms established for workers and employees of state enterprises. The community makes social and medical insurance contributions in the manner and in the amount established by the 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 address issues of social and cultural development. Community workers are provided with benefits in accordance with applicable law. The community has the right, at its own expense, to establish additional social security benefits for members of the labor collective.

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

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

8. GOVERNING BODIES OF THE COMMUNITY

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

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

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

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

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

One member (collective or individual) has one vote.

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

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

8.4.2. Election of the Board of the Community and its Chairman;

8.4.3. Admission of new members;

8.4.4. exclusion from the community;

8.4.5. Determination of the main directions of activity of the Community;

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 Board of the Community.

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

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

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

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

Formation of the Community Comrades' Court and the creation of voluntary public formations (brigades, groups, etc.) for environmental protection, public order in accordance with applicable law;

The general meeting of members of the Community has the right to accept for its consideration any other issue related to the activities of the Community.

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

The Board organizes the activities of the Community and holds meetings as necessary, but not less than _________ ( specify a time period, for example at least 1once a month).

8.6. Members of the Community who have received 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 the applications of citizens who have expressed a desire to join the Community, recommends them for joining the Community;

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

Determines the priority direction of the Community's activity, principles of formation and use of its property;

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

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

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

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

Approves the decisions of the Chairman of the Board of the Community;

Listens to the reports of the Chairman of the Board;

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

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

It also exercises other powers in accordance with this Charter.

Decisions of the Board are signed by the Chairman of the 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) simple majority vote.

8.9. Chairman of the Board:

Organizes the work of the Board of the Community;

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

Represents the Community in relations with organizations, state authorities and administrations, local governments, public organizations in Russia;

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

Controls the implementation of the financial plan of the Community;

Appoints full-time employees of the Community apparatus;

Manages the property and finances of the Community;

Signs banking and financial documents;

Responsible for the accuracy of the reporting data on the maintenance financial activities communities;

Without a power of attorney, acts on behalf of the Community, makes transactions stipulated by the Law, opens bank accounts, issues powers of attorney, represents the Community in courts, issues orders within its competence, hires and dismisses employees.

If necessary, add to 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 ______________ (e.g. 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 Board of the Community and persons holding any positions in the apparatus of the Community.

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.

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

COMMUNITY PROPERTY FORMATION

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

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

10.3. The community bears material and other liability 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 economy and products of traditional crafts is distributed by the General Meeting of the 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 the current legislation.

11. COMMUNITY ACCOUNTING AND REPORTING

12.10. The property left after liquidation and settlement with creditors is subject to distribution among the members of the Community in accordance with their share of the property of the Community. The decision on the use of the property of the Community remaining after the satisfaction of 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 the current legislation are transferred to the state storage.

12.12. The decision on liquidation is sent to the body of justice that registered the Community in order to exclude it from the state register of legal entities.

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

DRAFT LETTER

to the body responsible for

registration of legal entities

Please register a non-profit organization - _____________________ (indicate the form: family (clan) or territorial-neighborly, the name of the IP and the Community).

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, clause 3), the Federal Law "On Non-Profit Organizations" (Article 2, Clause 3), legal entities that are non-profit organizations can be created in the form of consumer cooperatives, public or religious organizations (associations ) financed by the owner of institutions, charitable and other foundations , as well as in other forms, provided by law.

Such another form non-profit organization "community", provides for the Federal Law of January 1, 2001 “On the General Principles for 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 the communities are of a non-commercial nature”.

Hence, communities indigenous peoples are special form non-profit organization under federal law.

Sincerely,

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

The concept of the enterprise, its features. Modern organizational forms of business entities. Communities of indigenous peoples of Russia. The procedure for opening non-profit organizations. The procedure for terminating the community of indigenous peoples.

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Ministry of Education and Science of the Amur Region

SPOAU "Amur College of Construction and Housing and Communal Services"

By discipline: Economics of the organization

On the topic: “Organizational and legal forms of the enterprise. Communities of Indigenous Peoples of the Russian Federation”

Completed by: Plugar S.S.

Student group SE-31

Checked by: Mukhanova T.V.

Blagoveshchensk 2015

1. The concept of the enterprise, its features

An enterprise is an independent economic entity created (established) in accordance with the current legislation for the production of products, performance of work or provision of 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 circulation on its own behalf and has the right to conclude all types of civil law contracts with legal and individuals;

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

the company must have an independent balance sheet and timely submit the established government bodies reporting;

The enterprise must have its own name, containing an indication of its organizational and legal form. Enterprises can be classified in many ways:

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

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

On the basis of size, enterprises are divided into large, medium and small;

By specialization and scale of production of the same type of products, enterprises are divided into specialized, diversified and combined.

By types of production process, enterprises are divided into enterprises with a single type of production, serial, mass, experimental.

On the basis of activity, industrial enterprises, trade, transport and others are distinguished.

The forms of ownership distinguish between private enterprises, collective, state, municipal and joint ventures(enterprises with foreign investments).

2. Organizational forms of enterprises

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

Economic partnerships and companies (communities):

general partnership;

limited partnership (limited partnership);

society with limited liability,

company with additional liability;

· joint-stock company (open and closed).

3. Communities of indigenous peoples of the Russian Federation

community of indigenous russia non-profit

According to Art. 6.1 of the Law on Non-Commercial Organizations, communities of indigenous peoples of the Russian Federation recognize forms of self-organization of persons belonging to indigenous peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborly principles, in order to protect their original habitat, preserve and development of traditional way of life, management, 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 the indigenous peoples of the Russian Federation are peoples living in the territories of traditional settlement of their ancestors, preserving their traditional way of life, economic activity and crafts , numbering in the Russian Federation less than 50 thousand people and realizing themselves as independent ethnic communities.

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

The need for special legal status for the indigenous peoples of the Russian Federation is primarily due to the fact that such peoples, in addition to being small in number, live in extreme climatic conditions providing negative impact on the human body. Labor activity of these peoples in the traditional and practically the only possible areas of management for them is significantly and constantly hampered by the reduction of the natural resources at their disposal and being the source of their existence. The impact of such negative factors can 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 nature 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 activities and which affects their self-identification, lifestyle.

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 state registration authorities refused to register communities of small peoples on the grounds that civil law 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 small peoples are organized on a voluntary basis at the initiative of persons belonging to small peoples, who have reached the age of 18. The will to join the community of small peoples must be expressed in the form of a written statement or in the form of 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. founding documents communities.

The constituent documents of the community of small peoples are:

· memorandum of association;

The constituent agreement is concluded by the founders of the community of small peoples, and the charter is approved by the general meeting (gathering) of the members of the community (clause 3, 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 established 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 the Federal Law of July 20, 2000 N 104-FZ says 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-Commercial Organizations is more clear, since it directly links the moment of the creation of a community with its state registration. The Ministry of Justice of the Russian Federation is the body responsible for state registration of communities of indigenous peoples.

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

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

4. Procedure for terminating an indigenous community

The procedure for terminating a community of indigenous peoples and the fate of its property after termination has a certain specificity. By general rule, established in paragraph 1 of Art. 20 of the Law on Non-Commercial Organizations, upon liquidation of a non-commercial organization, the property remaining after the satisfaction of creditors' claims is directed in accordance with the constituent documents of the non-commercial organization for the purposes for which it was created, and (or) for charitable purposes. If the use of the property of a liquidated non-profit organization in accordance with its constituent documents is not possible, it shall be turned into state revenue.

As for the community of small peoples, its members have the right to receive part of its property or compensation for the value of such a part when leaving the community of small peoples or when it is liquidated (clause 3, 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 presence of such a rule is obviously due to the fact that the property of a community of small peoples may be property transferred by members of the community as a contribution (contribution) in the organization of the community (clause 1, article 17 of the Federal Law of July 20, 2000 N 104-ФЗ ). At the same time, the procedure for determining a part of the property of a community of small peoples or compensation for the cost of this part is established by the legislation of the Russian Federation on communities of small peoples.

List of used literature

1. Federal Law "On non-profit organizations". Article 6.1. Communities of Indigenous Peoples of the Russian Federation dated 01.12.2007 N 300-FZ

2. Federal Law No. 104-FZ of July 20, 2000 (as amended on February 2, 2006) “On the General Principles for Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation”

3. Decree of the Government of the Russian Federation of 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. Decree of the Government of the Russian Federation of 08.05.2009 N 631-r “On approval of the list of places of traditional residence and traditional economic activities of the indigenous peoples of the Russian Federation and the list of types of traditional economic activities of the indigenous peoples of the Russian Federation”

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

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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 the community of indigenous peoples

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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 01.12.2007 N 300-FZ

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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 the community of indigenous peoples

With changes and additions from:

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

Project

PROTOCOL

MEMORANDUM OF ASSOCIATION

COMMUNITY PROPERTY FORMATION

DRAFT LETTER

The concept of the enterprise, its features. Modern organizational forms of business entities. Communities of indigenous peoples of Russia. The procedure for opening non-profit organizations. The procedure for terminating the 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 01.12.2007 N 300-FZ

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