Cossack societies, communities of indigenous peoples of the Russian Federation. Constituent documents of communities of indigenous peoples. Property of the community of indigenous peoples of the Russian Federation

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: “Organizationally - legal forms enterprises. Indigenous communities small peoples 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 contracts with legal entities 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 the Civil Code of the Russian Federation, the following may be created in Russia: organizational forms commercial enterprises: 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 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 ancestral habitat, preserve and develop traditional ways of life , management, crafts and culture.

In turn, the definition of indigenous peoples is given in Art. 1 Federal Law dated 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 their traditional way of life, farming and crafts, numbering There are less than 50 thousand people in the Russian Federation and they recognize themselves as independent ethnic communities.

The unified list of indigenous peoples of the Russian Federation is approved by the Government of the Russian Federation upon the proposal of the authorities state power subjects 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 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 general principles organizations of communities of indigenous peoples of the North, Siberia and Far East Russian Federation" states that communities of small peoples are organized on a voluntary basis on the initiative of persons belonging to small peoples who have reached the age of 18. The will to join a 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) members of the community of small peoples (meetings of authorized representatives of small peoples).

Communities of small peoples are organized without a limitation on the period of activity, unless otherwise established by the constituent documents of the community.

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

· memorandum of association;

Memorandum of association 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 established by law ok. 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 with other non-profit organizations, the main goal of the indigenous community 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 activity 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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IN GK Changes have been made in accordance with which a new type of non-profit organization - the community of indigenous peoples of the Russian Federation - has received legislative recognition.

Art. 69 The Constitution of the Russian Federation established that the Russian Federation guarantees the rights of indigenous peoples in accordance with generally recognized principles and norms international law and international agreements.

This type of non-profit organization was first mentioned in the Law on Non-Profit Organizations. So, in clause 4 art. 6.1 The Law on Non-Profit Organizations states that the specifics of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.

In development of these provisions Constitution RF and Law The following legal acts were adopted on non-profit organizations: the federal law dated April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, the federal law dated 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”, the federal law dated May 7, 2001 N 49-FZ "On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." At the same time, it is fundamental the federal law dated April 30, 1999 N 82-FZ, in which the guarantees of the rights of indigenous peoples are set out most fully.

The need for a 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 that have a negative impact on the human body. The 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 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.

According to Art. 123.16 The Civil Code of Communities of Indigenous Peoples of the Russian Federation recognizes voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial neighbors in order to protect the original habitat, preserve and develop traditional ways of life, economics, crafts and culture .

Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three.

Foreign citizens and stateless persons cannot be founders of communities of small peoples.

The founders cannot be legal entities.

State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, bodies local government, their officials cannot be the founders of communities of small peoples.

Members of a community of indigenous peoples of the Russian Federation have the right to receive part of its property or compensation for the cost of such part upon leaving the community or its liquidation in the manner prescribed by law.

The community of indigenous peoples of the Russian Federation, by decision of its members, can be transformed into an association (union) or an autonomous non-profit organization.

In turn, the definition of indigenous peoples is given in Art. 1 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.

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

Community 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. The procedure for determining part of the property of a community of small-numbered peoples or compensation for the cost is established 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 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.

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

1. Use of forests in places of traditional residence and economic activity of persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation
2. Chapter 10. The sovereignty of the people and the forms of its implementation in the Russian Federation. Elections and referendum in the system of democracy
3. List of precursors, the circulation of which in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation
4. List of narcotic drugs and psychotropic substances, the circulation of which is limited in the Russian Federation and for which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation
5. List of psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which certain control measures may be excluded in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation
6. RUSSIAN FEDERATION FEDERAL LAW ON AMENDING THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION AND THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION
7. Chapter 5. PARTICIPATION OF THE RUSSIAN FEDERATION, SUBJECTS OF THE RUSSIAN FEDERATION, MUNICIPAL ENTITIES IN RELATIONS GOVERNED BY CIVIL LEGISLATION

Commentary on Article 123.16

1. Commented article dedicated to special type legal entity - communities of indigenous peoples of the Russian Federation, introduced by Federal Law of May 5, 2014 N 99-FZ, the adoption of which was the normative consolidation of the legal status of communities of indigenous peoples of the Russian Federation, classified by the legislator as a closed list of non-profit corporate organizations.

The legislator has defined the concept of communities of indigenous peoples of the Russian Federation, according to which communities of indigenous peoples of the Russian Federation are recognized as voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial neighbors in order to protect the ancestral habitat, preserve and develop traditional way of life, management, crafts and culture (clause 1 of the commented article).

The community of indigenous peoples of the Russian Federation is a legal personality, membership-based, non-profit corporate organization.

The legislative definition of communities of indigenous peoples contains the features of this organizational and legal form, namely:

– these are voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation;

– sign of unification – consanguineous and (or) territorial neighbor;

– the goals of the association are the protection of the original habitat, the preservation and development of traditional ways of life, farming, crafts and culture.

As for the indicated characteristics of communities of indigenous peoples of the Russian Federation, it should be noted that only a citizen of the Russian Federation can be a member of a community of indigenous peoples of the Russian Federation. Membership in the community of indigenous peoples of the Russian Federation can be collective (membership of families (clans)) and individual (membership of persons belonging to indigenous peoples). At the same time, individual members of a community of small peoples can be persons belonging to small peoples who have reached the age of 16 years, leading a traditional way of life for these peoples, carrying out traditional farming and engaging in traditional crafts.

The legislator classifies as indigenous peoples of the North, Siberia and the Far East of the Russian Federation peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts, numbering less than 50 thousand people and self-aware independent ethnic communities (Article 1 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”<1>(hereinafter referred to as Law No. 104-FZ)).

By Decree of the Government of the Russian Federation of March 24, 2000 N 255, the Unified List of Indigenous Minorities of the Russian Federation was approved<1>, which includes 47 indigenous peoples of the Russian Federation: Abazas, Aleuts, Alyutors, Besermyans, Vepsians, Vods, Dolgans, Izhorians, Itelmens, Kamchadals, Kereks, Kets, Koryaks, Kumandins, Mansi, Nagaibaks, Nanais, Nganasans, Negidals, Nenets, Nivkhs, Oroks (Ulta), Orochs, Sami, Selkups, Seto (Seto), Soyots, Tazy, Telengits, Teleuts, Tofalars (Tofa), Tubalars, Tuvans - Todzhins, Udege, Ulchi, Khanty, Chelkans, Chuvans, Chukchi, Chulyms , Shapsugs, Shors, Evenks, Evens (Lamuts), Enets, Eskimos, Yukaghirs.

——————————–

Territories of traditional nature management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation are specially protected areas formed for traditional nature management and traditional way of life by indigenous peoples of the North, Siberia and the Far East (Article 1 of the Federal Law of May 7, 2001 N 49-FZ “On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”<1>).

——————————–

According to Federal Law No. 49-FZ of May 7, 2001, traditional nature management by indigenous peoples of the North, Siberia and the Far East of the Russian Federation means historically established methods of using animal and animal objects that ensure sustainable environmental management. flora, other natural resources by indigenous peoples of the North, Siberia and the Far East of the Russian Federation. The same Law also provides a definition of the customs of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation - these are traditionally established and widely used rules for the conduct of traditional nature management and traditional way of life by the indigenous peoples of the North, Siberia and the Far East of the Russian Federation.

The legislative definition of the traditional way of life of small peoples is given in paragraph 2 of 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”<1>- this is a historically established way of supporting the livelihoods of small peoples, based on the historical experience of their ancestors in the field of environmental management, original social organization of living, original culture, preservation of customs and beliefs.

——————————–

<1>Collection of legislation of the Russian Federation. 1999. N 18. Art. 2208.

The original habitat of small peoples is understood as a historically established area within which small peoples carry out cultural and everyday life activities and which affects their self-identification and way of life (Clause 3 of Article 1 of the Federal Law of April 30, 1999 N 82-FZ) .

Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three. 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) (Article 8 of Law No. 104-FZ).

Foreign citizens and stateless persons cannot be founders of communities of indigenous peoples; legal entities; state authorities of the Russian Federation, state authorities of the constituent entities of the Federation, local government bodies, their officials (clause 2 of article 8 of Law No. 104-FZ).

Initially, the definition of indigenous peoples was given in Art. 1 of Federal Law of April 30, 1999 N 82-FZ.

A similar legislative definition of a community of small peoples is contained in Art. 1 of Law N 104-FZ - these are forms of self-organization of persons belonging to small nations and united according to consanguinity (family, clan) and (or) territorial-neighborhood, created in order to protect their original habitat, preserve and develop traditional ways of life, management, crafts and culture.

Subsequently, the definition of a community of indigenous peoples of the Russian Federation was introduced by the legislator in Art. 6.1 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”.

The full name of communities of indigenous peoples of the Russian Federation is determined depending on their type.

In Art. 1 of Law N 104-FZ provides a list of types of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation - family (tribal) and territorial-neighborhood communities, and also gives their definition:

- family (tribal) communities of small peoples - forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts;

– territorial-neighboring communities of small peoples – forms of self-organization of persons belonging to small peoples, permanently residing (compactly and (or) dispersedly) in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts.

Communities of indigenous peoples of the Russian Federation, like other non-profit corporate organizations, are created for purposes aimed at achieving public benefits. Thus, a socially useful goal, as follows from the legislative definition, is the protection of the original habitat, the preservation and development of the traditional way of life, economic management, crafts and culture of the indigenous peoples of the Russian Federation. It should be noted that in practice, the activities of communities of indigenous peoples of the Russian Federation are much broader.

By order of the Government of the Russian Federation of May 8, 2009 N 631-r<1>Not only a list of places of traditional residence and traditional economic activities of indigenous peoples of the Russian Federation was approved, but also a list of types of their traditional economic activities.

——————————–

<1>Collection of legislation of the Russian Federation. 2009. N 20. Art. 2493.

1. The legal basis for guaranteeing the rights of communities of indigenous peoples of the Russian Federation is, first of all, Art. 69 of the Constitution of the Russian Federation, according to which the Russian Federation guarantees the rights of indigenous peoples in accordance with generally recognized principles and norms of international law and international treaties RF.

The legal basis for regulating communities of indigenous peoples of the Russian Federation also consists of Civil Code RF (part one); Land Code of the Russian Federation; Forest Code of the Russian Federation dated December 4, 2006 N 200-FZ<1>; Water Code of the Russian Federation dated June 3, 2006 N 74-FZ<2>; Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”<3>; Federal laws: dated April 24, 1995 N 52-FZ “On the Animal World”<4>; dated January 12, 1996 N 7-FZ “On Non-Profit Organizations”; dated April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”; dated 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”; dated May 7, 2001 N 49-FZ “On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”<5>; dated August 8, 2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”; dated February 7, 2003 N 21-FZ “On temporary measures to ensure the representation of indigenous peoples of the Russian Federation in the legislative (representative) bodies of state power of the constituent entities of the Russian Federation”<6>; dated December 20, 2004 N 166-FZ “On fishing and conservation of aquatic biological resources” <7>; dated July 24, 2009 N 209-FZ “On hunting and the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation”<8>.

——————————–

<1>Collection of legislation of the Russian Federation. 2006. N 50. Art. 5278.

<2>Collection of legislation of the Russian Federation. 2006. N 23. Art. 2381.

<3>Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 32. Art. 1227.

<4>Collection of legislation of the Russian Federation. 1995. N 17. Art. 1462.

<5>Collection of legislation of the Russian Federation. 2001. N 20. Art. 1972.

<6>Collection of legislation of the Russian Federation. 2003. N 6. Art. 504.

<7>Collection of legislation of the Russian Federation. 2004. N 52 (part I). Art. 5270.

<8>Collection of legislation of the Russian Federation. 2009. N 30. Art. 3735.

Features of the organization and activities of communities of small peoples in the constituent entities of the Russian Federation are regulated by such legal acts as the Law of the Khanty-Mansiysk Autonomous Okrug dated November 19, 2001 N 73-oz “On communities of indigenous peoples in the Khanty-Mansiysk Autonomous Okrug”, Law of the Republic of Tyva dated June 10, 2011 N 678 VKH-1 “On the procedure and timing for sending a community of indigenous peoples of Tuvans- Todzhintsev notifications about changes to the charter, about the decision on liquidation or self-dissolution”, Law of the Yamalo-Nenets Autonomous Okrug of December 28, 2005 N 114-ZAO “On state support for communities of indigenous peoples of the North and organizations carrying out traditional types economic activity on the territory of the Yamalo-Nenets Autonomous Okrug”, Law of the Republic of Sakha (Yakutia) of October 17, 2003 82-3 N 175-111, 434-3 N 883-111 “On the tribal, tribal nomadic community of indigenous peoples of the North” and etc.

A certain role in regulating the communities of indigenous peoples of the Russian Federation belongs to the decrees of the Government of the Russian Federation, among which should be mentioned Resolutions of December 31, 1997 N 1664 “On reforming the system state support regions of the North"<1>; dated March 24, 2000 N 255 “On the Unified List of Indigenous Minorities of the Russian Federation”<2>; dated May 28, 2004 N 256 “On approval of the Regulations on the procedure for performing alternative civil service”<3>; Government Decree Leningrad region dated May 8, 2014 N 169 “On the early completion of the long-term target program “Supporting the ethnocultural identity of indigenous peoples living in the Leningrad region for 2012 – 2014”<4>and a number of others.

——————————–

<1>Collection of legislation of the Russian Federation. 1998. N 2. Art. 256.

<2>Collection of legislation of the Russian Federation. 2000. N 14. Art. 1493.

<3>Collection of legislation of the Russian Federation. 2004. N 23. Art. 2309.

<4>Official Internet portal of the Administration of the Leningrad Region http:// www.lenobl.ru, 05/12/2014.

In accordance with the order of the Government of the Russian Federation dated February 4, 2009 N 132-r<1>Concept adopted sustainable development indigenous peoples of the North, Siberia and the Far East of the Russian Federation, and by order of the Government of the Russian Federation of October 12, 2012 N 1906-r<2>the Action Plan for implementation in 2012 – 2015 was approved. of this Concept.

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<1>Collection of legislation of the Russian Federation. 2009. N 7. Art. 876.

<2>Collection of legislation of the Russian Federation. 2012. N 42. Art. 5773.

1. The need for a special legal status for the indigenous peoples of the Russian Federation, the need to formulate a special state policy regarding their sustainable development, providing for systemic measures to preserve the original culture, traditional way of life and ancestral habitat of these peoples, are due to difficult natural and climatic conditions, the vulnerability of the traditional way of life and the small number of each people. The creation of such an organizational and legal form of non-profit legal entities as a community of indigenous peoples of the Russian Federation is predetermined by the need to represent their interests, as well as to act in civil circulation.

Communities of indigenous peoples of the Russian Federation are organized without a limitation on the period of activity, unless otherwise established by the constituent documents of the community. Membership is at the core of their activities.

The rights and obligations of members of a community of small peoples, the procedure and conditions for joining and leaving the community are determined by the charter of the community of small peoples.

The constituent documents of a community of small-numbered peoples are the constituent agreement and charter. 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 (Article 8 of Law No. 104-FZ).

In accordance with 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 Law N 104-FZ stipulates 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 indigenous peoples of the Russian Federation is subject to mandatory state registration with the Ministry of Justice of the Russian Federation, and only then does it acquire the rights of a legal entity.

As we have already noted, the goals of the community of indigenous peoples are to protect their ancestral habitat, preserve and develop traditional ways of life, economics, crafts and culture.

The highest governing body of a community of small-numbered peoples is the general meeting (gathering) of members of such a community, which has the right to consider and make decisions on the most important issues of the life of the community of small-numbered peoples. His exclusive competence includes the adoption of the charter and amendments to it, the determination of the main directions of activity, the election of the board (council) of the community and its chairman, the admission and exclusion of members, the election audit commission, decisions on reorganization, liquidation and self-dissolution of the community, approval of decisions of the chairman of the board (council) of the community, as well as other issues of the activities of the community of small peoples.

A general meeting (gathering) of members of a community of small-numbered peoples is convened as needed, the frequency of its holding is determined by the charter, which may provide for its convening at the request of at least 1/3 of the community members.

The general meeting is valid when at least half of the community members are present, unless the community charter establishes other rules.

One of the governing bodies of the community of indigenous peoples of the Russian Federation is the board (council), which is elected consisting of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) by a simple majority of votes and organizes the activities of the community during breaks between general meetings. meetings (gatherings) of community members, and also holds meetings as necessary.

The powers of the board (council) of a community of small peoples and the term of office are established by the charter of the community of small peoples.

The competence of the board (council) of a community of small-numbered peoples includes consideration and decision-making on applications from citizens who have expressed a desire to join the community; determining the number of workers attracted by the community according to employment contracts, and the procedure for remuneration for their labor; approval of the decision of the chairman of the board (council) of the community; other powers provided for by the community charter.

Also, the governing body of a community of small peoples is the chairman of the board (council), who organizes the work of the board (council) of the community; during the period between meetings of the board (council) of the community, resolves all organizational, production and other issues, with the exception of those issues that are the responsibility of the general meeting (gathering) of community members or the board (council) of the community; in accordance with the community charter, assembles the board (council) of the community and the general meeting (gathering) of community members; represents the community in relations with state authorities of the constituent entities of the Russian Federation and local governments. The charter of a community of small-numbered peoples may grant other powers to the chairman of the board (council) of the community.

Communities of small-numbered peoples may own:

– property transferred by community members as a contribution (contribution) to the organization of the community;

– financial resources, owned by the community (own and borrowed);

– voluntary donations from individuals and legal entities, including foreign ones;

– other property acquired or received by the community in accordance with the legislation of the Russian Federation.

Land plots and other isolated natural objects, located within the boundaries of territories of traditional natural resource management, are provided to persons belonging to small peoples and communities of small peoples in accordance with the legislation of the Russian Federation (Article 11 of the Federal Law of May 7, 2001 N 49-FZ).

Thus, the community of indigenous peoples of the Russian Federation, as a non-profit corporate organization, has its own name, charter and governing bodies, seal and bank account, and is also the owner of its property.

Members of the community of indigenous small-numbered peoples of the Russian Federation, in accordance with the charter of the community of small-numbered peoples, have the right to receive a share from the property of the community or its compensation upon leaving the community or upon its liquidation (clause 1 of Article 12 of Law No. 104-FZ).

Members of the community of indigenous small peoples of the Russian Federation are liable for the obligations of the community of small peoples within the limits of their share from the property of the community of small peoples. The community of indigenous peoples of the Russian Federation is not responsible for the obligations of its members (clauses 2, 3, article 13 of Law No. 104-FZ).

A community of indigenous peoples has the right to carry out business activities that correspond to the goals for which it was created (Clause 2 of Article 6.1 of the Law on Non-Profit Organizations). In Part 3 of Art. 13 of the Federal Law of May 7, 2001 N 49-FZ, the legislator determined the possibility of using natural resources located in the territories of traditional natural resource management by citizens and legal entities for carrying out business activities, if the said activity does not violate legal regime territories of traditional nature management.

It should be noted that the right of members of the community of indigenous peoples of the Russian Federation to receive part of its property or compensation for the cost of such part upon leaving the community or its liquidation is legislated (clause 2 of the commented article). The cause of of this rule served as enshrined in Art. 17 of Law N 104-FZ stipulates that a community of small-numbered peoples may own property transferred by members of the community as a contribution (contribution) when organizing the community. The procedure for determining part of a community's property or compensating the value of this part upon leaving the community or its liquidation is established by the legislation of the Russian Federation on communities of indigenous peoples.

In this regard, communities of indigenous peoples of the Russian Federation occupy an intermediate position between non-profit and commercial organizations, since the specified right of members of the community of indigenous peoples to its property does not correspond to its purpose as a non-profit organization.

In accordance with Art. 22 of Law N 104-FZ, communities of indigenous peoples of the Russian Federation are liquidated in court if more than 2/3 of the founders or members of this community leave the community or there is other actual impossibility of continuing the activities of this community; cessation of traditional farming and traditional crafts; repeated gross violations by the community of the goals defined in the charter of this community.

When a community of indigenous peoples of the Russian Federation is liquidated, its property remaining after satisfying the creditors' claims is subject to distribution among members of the community in accordance with their share of its property, unless otherwise established by the community's charter. The decision on the use of the remaining property of the community of indigenous peoples of the Russian Federation after satisfaction of the creditors' claims is published by the liquidation commission in the press.

The liquidation is considered completed, and the community of indigenous peoples of the Russian Federation is considered to have ceased to exist after making an entry to this effect in the Unified State Register of Legal Entities.

1. In accordance with paragraph 3 of the commented article, the community of indigenous peoples of the Russian Federation, by decision of its members, can be transformed into an association (union) or an autonomous non-profit organization.