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Communities of indigenous peoples of the Russian Federation examples. Community of indigenous peoples of the Russian Federation. Community governing bodies

[NPO Law] [Chapter 2]

1. Indigenous communities small peoples Russian Federation(hereinafter referred to as the community of small-numbered peoples) 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 images life, economics, crafts and culture.

2. The community of small peoples has the right to exercise entrepreneurial activity, consistent with the goals for which it was created.

3. Members of a community of small peoples have the right to receive part of its property or compensation for the cost of such a 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 value of this part is established by the legislation of the Russian Federation on communities of small-numbered peoples.

4. Features 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.

Legal advice under Art. 6.1 of the Law on Non-Profit Organizations

Tamara Danilova

HELP how much percentage of the pension is taken for insurance and savings if the amount is over 600,000 rubles

Lawyer's answer:
Tax Code of the Russian FederationArticle 241. Tax rates Federal law dated December 6, 2005 N 158-FZ, paragraph 1 of Article 241 of this Code is set out in new edition, which comes into force on January 1, 2006, but not earlier than after one month from the date of official publication of the said Federal Law, and applies to legal relations that arose from January 1, 20061. For taxpayers specified in subparagraph 1 of paragraph 1 of Article 235 of this Code, with the exception of taxpayers acting as employers - organizations and individual entrepreneurs who have resident status of a technology-innovation special economic zone and make payments to individuals working in the territory of a technology-innovation special economic zone zones, agricultural producers, organizations of folk artistic crafts and tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, the following tax rates are applied: Tax base for each individual on an accrual basis from the beginning of the year Federal Budget Social Insurance Fund of the Russian Federation Compulsory Medical Insurance Funds Total Federal Compulsory Fund medical insuranceTerritorial compulsory medical insurance fundsUp to 280,000 rubles20.0 percent 2.9 percent 1.1 percent 2.0 percent 26.0 percentFrom 280,001 to 600,000 rubles56,000 rubles +7.9 percent from an amount exceeding 280,000 rubles8120 +1%3080+0.6%5600+0.5%72800+10%Over 600,000 rubles81280+2% from an amount exceeding 600,000 rubles.1132050007200104800+2% from an amount exceeding 600,000 rubles.

- Lawyer's answer:
  Firstly, depending on the purposes of creation and activity, commercial and non-profit organizations differ. Commercial are those legal entities whose purpose is to make a profit by carrying out any activity not prohibited by law. Non-profit organizations are those that do not pursue profit as their main goal and do not distribute the profits received among participants (Article 50 of the Civil Code). It should be noted that this division is very arbitrary, since all non-profit organizations are allowed to engage in entrepreneurial activities. The legislator's requirement that this activity must serve the achievement of the goals for which the organization was created and correspond to these goals (clause 3 of Article 50 of the Civil Code) is also formulated rather vaguely. Moreover, the code directly states that income received by a consumer (non-profit) cooperative from business activities is distributed among its members (clause 5 of article 116). The purpose of this division legal entities into commercial and non-profit is that commercial organizations can be created only in the forms expressly provided for Civil Code, namely: a general partnership, a limited partnership, a limited or additional liability company, an open or closed joint-stock company, a production cooperative, a state (including federal government) or municipal unitary enterprise. In addition, a unitary enterprise based on the right of economic management can create another unitary (subsidiary) enterprise by transferring to it, in the prescribed manner, part of its property for economic management. This list is exhaustive (Article 50, 114 of the Civil Code, paragraph 1 of Article 6 of the Law on the entry into force of Part One of the Civil Code of the Russian Federation). Non-profit organizations can be created in any forms provided by law. Current legislation provides for the creation of the following types non-profit organizations: 1) consumer cooperative (Article 50, 116 of the Civil Code, Law of the Russian Federation of June 19, 1992 “On Consumer Cooperation in the Russian Federation”*1. It should be taken into account that the activities of all types of agricultural cooperatives, both consumer and production, as well as their unions are regulated by a special Law of December 8, 1995 “On Agricultural Cooperation” * 2. 2) a public organization (association), the activities of which are regulated by Art. 117 of the Civil Code, the Law of January 12, 1996 “On Non-Profit Organizations” *3, as well as the Law of May 19, 1995 “On Public Associations” *4, which lists five types of public associations: public organization (Article 8) , social movement (Article 9), public foundation (Article 10), public institution (Article 11) and public initiative body (Article 12); 3) religious organization (Article 117 of the Civil Code, Article 6 of the Law on Non-Profit Organizations, Law of the RSFSR “On Freedom of Religion”); 4) foundation (Articles 118, 119 of the Civil Code, Article 7 of the Law on Non-Profit Organizations); 5) establishment (Article 120 of the Civil Code, Article 9 of the Law on Non-Profit Organizations); 6) association of legal entities - association or union (Article 121 of the Civil Code, Articles 11, 12 of the Law on Non-Profit Organizations); 7) non-profit partnership (Article 8 of the Law on Non-Profit Organizations); 8) an autonomous non-profit organization (Article 10 of the Law on Non-Profit Organizations). Activity charitable organizations, which are most often created in the form of public organizations or foundations, are also regulated by the Law of August 11, 1995 “On Charitable Activities and Charitable Organizations”*5. Secondly, the Civil Code divides legal entities depending on legal regime their property into three categories: subjects of property rights (partnerships and societies, cooperatives and all non-profit organizations, except institutions); subjects of economic law (state and

Kristina Krylova

Payments to the pension fund. Please tell me if my data on contributions to the pension fund for an employee born in 1987 is correct. who works for an individual entrepreneur financing the insurance part of the labor pension 8% of the payroll financing of the funded part of the labor pension 6% of the payroll

Lawyer's answer:
FEDERAL LAW "ON COMPULSORY PENSION INSURANCE IN THE RUSSIAN FEDERATION" Article 33. Transitional provisions During 2005 - 2007, for insurers who are specified in subparagraph 1 of paragraph 1 of Article 6 of this Federal Law and act as employers for persons born in 1967 and younger, The following rates of insurance premiums apply: 1) for insurers acting as employers, with the exception of organizations acting as employers engaged in the production of agricultural products, tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, and peasant (farm) farms: Up to 280,000 rubles 10.0 percent 4.0 percent From 280,001 rubles 28,000 rubles + 3.9 11,200 rubles + 1.6 up to 600,000 percent of the amount, percent of the amount, rubles exceeding 280,000 exceeding 280,000 rubles rubles Over 600,000 40,480 rubles 1632 0 rubles; rubles2) for organizations acting as employers engaged in the production of agricultural products, tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, and peasant (farm) farms: Up to 280,000 rubles 6.3 percent 4.0 percent From 280,001 rubles 17,640 rubles + 3.9 11,200 rubles + 1.6 to 600,000 percent of the amount, percent of the amount of rubles exceeding 280,000 exceeding 280,000 rubles rubles Over 600,000 30,120 rubles 16,320 rubles rubles

Boris Osovetsky

Tell me, can I register a house on a plot of land: category of agricultural land? category of land: agricultural land, permitted use: for dacha farming.

Lawyer's answer:

Maxim Povodyrev

Land tax, reasons for exemption from payment of this tax for individuals. and legal persons
- Lawyer's answer:
  Article 395. Tax benefits The following are exempt from taxation: 1) organizations and institutions of the penal system of the Ministry of Justice of the Russian Federation - in relation to land plots provided for the direct performance of the functions assigned to these organizations and institutions; 2) organizations - in relation to land plots occupied by state highways common use; 3) has become invalid. - Federal Law of November 29, 2004 N 141-FZ; (see text in the previous edition) 4) religious organizations- in relation to the land plots owned by them on which buildings, structures and structures for religious and charitable purposes are located; 5) all-Russian public organizations of disabled people (including those created as unions of public organizations of disabled people), among whose members disabled people and their legal representatives make up at least 80 percent - in relation to land plots used by them to carry out their statutory activities; organizations, authorized capital which consists entirely of contributions from the specified all-Russian public organizations of disabled people, if average number disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to land plots used by them for the production and (or) sale of goods (except for excisable goods, mineral raw materials and other useful minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of disabled people), works and services (except for brokerage and other intermediary services); institutions, the only owners of whose property are the specified all-Russian public organizations of disabled people - in relation to land plots used by them to achieve educational, cultural, medical and recreational, physical education, sports, scientific, information and other purposes social protection and rehabilitation of disabled people, as well as to provide legal and other assistance to disabled people, disabled children and their parents; 6) organization of folk artistic crafts - in relation to land plots located in places of traditional existence of folk artistic crafts and used for the production and sale of folk artistic crafts; 7) individuals, related to the indigenous peoples of the North, Siberia and Far East the Russian Federation, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, management and crafts; 8) has become invalid. - Federal Law of November 29, 2004 N 141-FZ; (see text in the previous edition) 9) organizations - residents of the special economic zone - in relation to land plots located on the territory of the special economic zone, for a period of five years from the moment of ownership of each land plot. (Clause 9 as amended by Federal Law dated 03.06.2006 N 75-FZ)

Olga Zaitseva

Tell me, does the Foundation have the right to act as the sole founder of a public organization? The task was set to prepare documents for the establishment of the Literary Association. But I got into a dead end: in accordance with Article 6 of the Law “On Public Organizations”, the Foundation of Russian Literature and Culture, as a legal entity in relation to which the founder has no property rights, can act as the sole founder of a public organization - a Literary Association?

Lawyer's answer:
It must be borne in mind that the concept of “fund” has many meanings in legislation and is used to refer to both commercial and non-profit organizations, as well as bodies government controlled. For example, share property fund, investment fund, Russian Children's Fund, Pension Fund of the Russian Federation, Russian Foundation federal property, etc. The Civil Code of the Russian Federation uses the term “fund” in relation to non-profit organizations that, as a rule, pursue charitable goals. Like other non-profit organizations, foundations have the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the foundation was created and consistent with these goals. To carry out entrepreneurial activities, foundations have the right to create business companies or participate in them. The Foundation, being a non-profit organization, can establish a joint stock company or a company with limited liability(but not a business partnership) and receive profit from their activities, which cannot be distributed among the founders of the fund, but must be directed to its statutory purposes. The foundation may be the only founder commercial organization. “I think so” (Factory Factory “Mimino”).

Valery Dolgozhilov

please tell me the classification of enterprises by organizational and legal form, thank you

Article 395. Tax benefits The following are exempt from taxation: 1) organizations and institutions of the penal system of the Ministry of Justice of the Russian Federation - in relation to land plots provided for direct...

Lyubov Sukhanova

how maternity pay is paid to individual entrepreneurs

Lawyer's answer:
Individual entrepreneurs are self-employed citizens, check with the Social Insurance Fund at your place of residence and look at Law No. 255 “ON COMPULSORY SOCIAL INSURANCE IN CASE OF TEMPORARY DISABILITY AND IN CONNECTION WITH MATERNITY.” Article 2. 3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals not recognized individual entrepreneurs(notaries dealing private practice, other persons engaged in private practice in accordance with the legislation of the Russian Federation), members of family (tribal) communities of indigenous peoples of the North are subject to mandatory social insurance in case of temporary disability and in connection with maternity, if they voluntarily entered into a relationship under compulsory social insurance in case of temporary disability and in connection with maternity and pay for themselves insurance premiums in accordance with Article 4.5 of this Federal Law. " Article 4.5. Procedure for voluntary entry into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity 1. Persons specified in Part 3 of Article 2 of this Federal Law enter into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity by submitting an application to the territorial body of the insurer at the place of residence. 2. Persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity pay insurance contributions to the Social Insurance Fund of the Russian Federation, based on the cost of the insurance year , determined in accordance with part 3 of this article. 3. The cost of the insurance year is determined as the product minimum size wages established by federal law at the beginning of the financial year for which insurance premiums are paid, and the tariff of insurance premiums established by the Federal Law "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance" in terms of insurance contributions to the Social Insurance Fund of the Russian Federation, increased by 12 times. 4. Payment of insurance premiums by persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity is made no later than December 31 of the current year, starting from the year of filing the application for voluntary entry into legal relations under compulsory social insurance in case of temporary disability and in connection with motherhood. 5. Persons who have voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity, transfer insurance premiums to the accounts of the territorial bodies of the insurer by non-cash payments, or by depositing cash in a credit institution, or by postal transfer. 6. Persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity acquire the right to receive insurance coverage provided they pay insurance premiums in accordance with Part 4 of this article in the amount determined in accordance with Part 3 of this article, for the calendar year preceding calendar year in which the insured event occurred. and see also paragraphs 7-8 of Art. of this Law.

Marina Alexandrova

how much does an individual entrepreneur pay in taxes for an employee?

From the salary of an employee, Since 2011, the rate of insurance contributions has increased to 34% - 26% goes to the Pension Fund, 2.9% to the Social Insurance Fund, 5.1% to the federal and territorial compulsory medical funds...

Alena Davydova

Regarding taxation (see inside). My mother is a pensioner; a plot of land is registered in her name. She needs to pay land tax for the year. What benefits does she have as a pensioner to pay less tax? And what documents do I need to provide to the tax office for this?

Lawyer's answer:
Article 395. Tax benefits [Tax Code of the Russian Federation] [Chapter 31] [Article 395] The following are exempt from taxation: 1) organizations and institutions of the penal system of the Ministry of Justice of the Russian Federation - in relation to land plots provided for the direct implementation of the duties assigned to these organizations and establishment of functions; 2) organizations - in relation to land plots occupied by public state highways; 3) has become invalid. 4) religious organizations - in relation to land plots owned by them on which buildings, structures and structures for religious and charitable purposes are located; 5) all-Russian public organizations of disabled people (including those created as unions of public organizations of disabled people), among whose members disabled people and their legal representatives make up at least 80 percent - in relation to land plots used by them to carry out their statutory activities; organizations whose authorized capital consists entirely of contributions from the specified all-Russian public organizations of disabled people, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to land plots used by them for production and (or) sale of goods (except for excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of disabled people), works and services (except for brokerage and other intermediary services); institutions, the only owners of whose property are the specified all-Russian public organizations of disabled people - in relation to land plots used by them to achieve educational, cultural, medical and recreational, physical education and sports, scientific, information and other purposes of social protection and rehabilitation of disabled people, as well as for providing legal and other assistance to people with disabilities, disabled children and their parents; 6) organization of folk artistic crafts - in relation to land plots located in places of traditional existence of folk artistic crafts and used for the production and sale of folk artistic crafts; 7) individuals belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, farming and crafts; 8) has become invalid. 9) organizations - residents of a special economic zone - in relation to land plots located on the territory of the special economic zone, for a period of five years from the moment the ownership of each land plot arises; 10) organizations recognized as management companies in accordance with the Federal Law "On the Skolkovo Innovation Center" - in relation to land plots provided for the direct performance of the functions assigned to these organizations in accordance with the specified Federal Law. As we see, land tax pensioners are not released

Antonina Fedotova

Social science. C8. Organizational plan legal forms entrepreneurial activity

Classification organizationally-legal forms in Russian Federation The following types are distinguished: organizationally

Maria Petrova

organizational and legal forms of entrepreneurial activity

Classification organizationally-legal forms in Russian Federation The following types are distinguished: organizationally-legal forms of business entities (hereinafter also referred to as LPF): LPF of business entities that are legal entities-commercial...

Alexandra Tarasova

Is it possible to order an extract from the Unified State Register of Legal Entities for a non-profit organization in MI Federal Tax Service 46!?

Lawyer's answer:
Information from the Unified State Register of Legal Entities is open and publicly available, with some exceptions (passport data, for example) - clause 1 of Art. 6 of the Federal Law “On state registration of legal entities and individual entrepreneurs...” (129-FZ dated 08.08.2001.) A non-profit organization is a legal entity in accordance with Chapter. 4 Civil Code of the Russian Federation. Apparently registered in Moscow. You can “order” an extract from MIFTS No. 46, or you can also do this at the territorial tax office in which the NPO is registered. The 46th provides information only for Moscow. You can write a request for an extract on your own behalf. The seal of an NGO or any other organization is not needed))))) Good luck!

Yakov Korovenko

Lawyer's request. Can all paid legal consultations issue solicitor requests? And in general, what should a lawyer’s request contain, should there be attachments to it and what kind?

Lawyer's answer:
Did you even understand why you asked? Subclause 1, clause 3, art. 6 Federal Law of the Russian Federation “On advocacy and advocacy in the Russian Federation” (hereinafter referred to as the Law on Advocacy) dated May 31, 2002. No. 63-FZ establishes the right of a lawyer to collect information necessary to provide legal assistance, including requesting certificates, references and other documents from authorities state power, organs local government, as well as public associations and other organizations. The specified bodies and organizations, in the manner established by law, are obliged to provide the lawyer with the documents requested by him or their certified copies no later than one month from the date of receipt of the lawyer’s request. How the hell do BE and the free ones owe it to you, because a request is issued to a lawyer

Anatoly Senchishchev

An apartment building in which the owners and tenants of residential premises live under a social contract. rental .. The HOA entered into an agreement with the owners to manage shares in the common property in an apartment building and provide utilities. But there are no such agreements with employers. There are only social tenancy agreements provided by them, which stipulate that they must pay rent for the living space to the LESSOR and others. services. At the same time, in Art. 155 of the Housing Code of the Russian Federation, clause 4, states that tenants must pay a fee for the above services of the HOA. But employers only pay for rent. services (water, heat, electricity), they refuse to pay for all other services, citing the contract. Although in the social contract The lease does not even specify the amount of payment to the Landlord for the residential premises. Should the HOA enter into any agreements with tenants for the provision of com. services and services for maintaining the house (the owners are not actually them, but the Russian Federation represented by the relevant authorities)? What is the mechanism of interaction between the HOA - Landlord - Tenant?

Lawyer's answer:
cContract Article 155. Payment for residential premises and utilities 1. Payment for residential premises and utilities is paid monthly before the tenth day of the month following the end of the month, unless a different period is established by the management agreement apartment building or by a decision of the general meeting of members of a homeowners' association, housing cooperative or other specialized consumer cooperative created to meet the housing needs of citizens in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative). 2. Payment for residential premises and utilities is made on the basis of payment documents not submitted later than first the day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative. 3. Tenants of residential premises under a social tenancy agreement and a rental agreement for residential premises of the state or municipal housing stock pay a fee for the use of residential premises (rental fee) to the landlord of this residential premises. 4. Tenants of residential premises under a social tenancy agreement and a lease agreement for residential premises of the state or municipal housing stock in an apartment building, which is managed managing organization, pay a fee for the maintenance and repair of residential premises, as well as a fee for utilities to this management organization, except for the case provided for in part 7.1 of this article. If the amount of the fee paid by the tenant of the residential premises is less than the amount of the fee established by the management agreement, the remaining part of the fee is paid by the landlord of this residential premises in the manner agreed with the management organization. 5. Members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative make mandatory payments and (or) contributions related to the payment of expenses for the maintenance, current and major repairs of common property in an apartment building, as well as payment utilities, in the manner established by the governing bodies of a homeowners’ association or the governing bodies of a housing cooperative or the governing bodies of another specialized consumer cooperative. 6. Owners of premises in an apartment building who are not members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative, in which a homeowners’ association or a housing cooperative or other specialized consumer cooperative is created, pay a fee for the maintenance and repair of common property in an apartment building and a fee for utilities in accordance with agreements concluded with a homeowners association or a housing cooperative or other specialized consumer cooperative. 6.1. If a homeowners' association or a housing cooperative or other specialized consumer cooperative, or in the case provided for in Part 14 of Article 161 of this Code, the developer concludes an agreement for the management of an apartment building, fees for utilities are paid to the management organization, with the exception of the case provided for in Part 7.1 of this Article, by persons specified in Part 2 of Article 153 of this Code. 6.2. A management organization, homeowners' association or housing cooperative or other specialized consumer cooperative that receives payment for utility services makes payments for the resources necessary to provide utility services with persons with whom such management organization, homeowners' association or housing cooperative or other specialized consumer

Arthur Lentulov

Will individual entrepreneurs (individual entrepreneurs) be required to keep accounting records from 2013?

Lawyer's answer:
On January 1, 2013, the Federal Law of December 6, 2011 N 402-FZ “On Accounting” will come into force, according to which both organizations and individual entrepreneurs are required to maintain accounting records (clauses 1 and 4, part 1, article 2, Article 32 of this Law). An exception to this rule is made for individual entrepreneurs who keep records of income, expenses and (or) other taxable items in the manner established by the tax legislation of the Russian Federation (clause 1, part 2, article 6 of Law No. 402-FZ). Thus, entrepreneurs using the simplified tax system may not keep accounting records. But they are obliged to keep tax records in the manner established by Art. 346.24 of the Tax Code of the Russian Federation. Namely, in the book of accounting for income and expenses of organizations and individual entrepreneurs. The law provides for the possibility of developing a simplified procedure for conducting accounting for small businesses and individual categories non-profit organizations (clause 3 of article 20, clause 10 of part 3 of article 21 of Law N 402-FZ). Currently, the question of the need for accounting under the simplified tax system concerns only organizations. Individual entrepreneurs, regardless of the tax regime, are not required to keep accounting records. This follows from paragraphs 1, 2 of Art. 4 of Law 129-FZ. According to paragraph 3 of this article, organizations when working on the simplified tax system are exempt from accounting, with the exception of accounting for fixed assets and intangible assets.
- Lawyer's answer:
  Federal Law "On compulsory health insurance in the Russian Federation"
  Insured persons are citizens of the Russian Federation, foreign citizens permanently or temporarily residing in the Russian Federation, stateless persons (with the exception of highly qualified specialists and members of their families in accordance with Federal Law of July 25, 2002 N 115-FZ "On the legal status of foreign citizens in Russian Federation"), as well as persons entitled to medical care in accordance with the Federal Law "On Refugees":
  1) those working under an employment contract, including heads of organizations who are the only participants (founders), members of organizations, owners of their property, or a civil law contract, the subject of which is the performance of work, the provision of services, under an author’s order agreement, as well as authors works receiving payments and other remuneration under agreements on the alienation of the exclusive right to works of science, literature, art, publishing license agreements, license agreements on granting the right to use works of science, literature, art;
  2) those who independently provide themselves with work (individual entrepreneurs, notaries engaged in private practice, lawyers, arbitration managers);
  3) who are members of peasant (farm) enterprises;
  4) who are members of family (tribal) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, living in the regions of the North, Siberia and the Far East of the Russian Federation, engaged in traditional economic sectors;
  5) unemployed citizens:
  a) children from the day of birth until they reach the age of 18;
  b) non-working pensioners, regardless of the basis for granting a pension;
  c) citizens studying full-time in educational institutions primary vocational, secondary vocational and higher vocational education;
  d) unemployed citizens registered in accordance with employment legislation;
  e) one of the parents or guardian caring for the child until he reaches the age of three;
  f) able-bodied citizens caring for disabled children, group I disabled people, and persons over 80 years of age;
  g) other citizens not working under an employment contract and not specified in subparagraphs “a” - “e” of this paragraph, with the exception of military personnel and persons equivalent to them in the organization of medical care.

Olesya Morozova

Question for FINANCIALISTS and LAWYERS. WHAT IS the functional solution of an enterprise and its organizational and legal form Thank you for your answer

Lawyer's answer:
OPF of business entities that are legal entities-commercial organizations Partnerships Full partnerships Limited partnerships Limited liability companies Additional liability companies Joint stock companies Open joint stock companies Closed joint-stock companies Unitary enterprises Unitary enterprises based on the right of economic management Unitary enterprises based on the right of operational management Other Production cooperatives General public fund of economic entities that are legal entities-non-profit organizations Consumer cooperatives Public associations(including religious associations) Public organizations Social movements Organs of public initiative Political parties Foundations (including public funds) Institutions (including public institutions) State corporations Non-profit partnerships Autonomous non-profit organizations Communities of indigenous peoples Cossack societies Associations of legal entities (associations and unions) Associations of peasant (farm) farms Territorial public self-government Partnerships of homeowners Gardening, gardening or dacha non-profit partnerships OPF of business entities without the rights of a legal entity Mutual investment funds Simple partnerships Representative offices and branches Individual entrepreneurs Peasant (farm) enterprises (from January 1, 2010) Examples of OPF of state and municipal institutions

Vadim Firsanov

Question about benefits up to 1.5 years for individual entrepreneurs. Hello! I am an individual entrepreneur, I have not paid any contributions to the Social Insurance Fund, but I have paid all other taxes regularly. Now I gave birth to my second child, I turned to social services. protection for benefit accrual for up to 1.5 years. They told me - if you close the individual entrepreneur, then you will come for benefits. I read earlier that I am entitled to this benefit, like everyone else who is not a person subject to compulsory social insurance. , and that I should receive it on social media. protection. But I couldn't find it anywhere official document(law, order) this confirms my right. So that it is spelled out precisely that an individual entrepreneur is a person not subject to social protection. insurance, and is entitled to benefits for up to 1.5 years. Tell me, post a link to the law, if one exists. Thank you.

Lawyer's answer:
Everyone should be paid the minimum wage in any case. They can only demand documents confirming that you are an individual entrepreneur, but they have no right to demand closure. Federal Law No. 81-FZ Article 13. The right to a monthly child care allowance has: mothers or fathers, guardians who actually care for the child and are not subject to compulsory social insurance in case of temporary disability and in connection with maternity Order of the Ministry of Health and Social Development No. 1012n k) copies of documents confirming the status, as well as a certificate from the territorial body of the Social Insurance Fund of the Russian Federation about the lack of registration with the territorial bodies of the Social Insurance Fund of the Russian Federation as an insurer and about the non-receipt of a monthly child care benefit at the expense of compulsory social insurance funds - for individuals operating as individual entrepreneurs, lawyers, notaries, individuals, professional activity who, in accordance with federal laws, are subject to state registration and (or) licensing - if the assignment and payment of monthly child care benefits to them are carried out by social protection authorities; And here is another Federal Law No. 255-FZ Article 2. Persons subject to compulsory social insurance in case of temporary disability and in connection with maternity 1. Citizens of the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with maternity, as well as permanently or temporarily foreign citizens and stateless persons living on the territory of the Russian Federation: 1) persons working for employment contracts, including heads of organizations who are the only participants (founders), members of organizations, owners of their property; 2) state civil servants, municipal employees; 3) persons holding government positions in the Russian Federation, government positions in a constituent entity of the Russian Federation, as well as municipal positions filled in permanent basis; 4) members of a production cooperative who take personal labor participation in its activities; 5) clergy; 6) persons sentenced to imprisonment and involved in paid work. 3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the legislation of the Russian Federation), members of family (tribal) communities of indigenous minorities peoples of the North are subject to compulsory social insurance in case of temporary disability and in connection with maternity if they voluntarily entered into a relationship under compulsory social insurance in case of temporary disability and in connection with maternity and pay insurance premiums for themselves in accordance with Article 4.5 of this Federal law.
Most often, hatred is inspired from above. And since from time immemorial the people believed in the “good king”, in the “wise leader”, in the “fiery fighter for the people’s cause”, they picked up the waves of hatred emanating from the “kind”, “wise” and “fiery”...

Amendments were made to the legislation on non-profit organizations, according to which a new type of non-profit organization - the community of indigenous peoples of the Russian Federation - received legislative recognition.

And 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. Features 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, relevant legal acts were adopted, including Federal Law No. 82-FZ of April 30, 1999 “On Guarantees of the Rights of Indigenous Minorities of the Russian Federation,” in which the guarantees of the rights of indigenous minorities are set out most fully.

This law more specifically establishes a definition according to which indigenous small 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.

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.

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

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

memorandum of association;

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.

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.

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.

The procedure for terminating a community of indigenous peoples and the fate of its property after terminating has certain specifics. Members of a community of indigenous peoples have the right to receive part of its property or compensation for the value of such a part upon leaving the community of indigenous peoples or upon its liquidation.

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 the ownership of a community of small peoples may include property transferred by members of the community as a contribution (contribution) during the organization of the community.

At the same time, 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.

Z.S. Botashev.,

chief specialist-expert of the department for

affairs of non-profit organizations

Approved by the Federation Council

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

Article 1. Basic concepts

This Federal Law uses the following concepts:

indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation (hereinafter referred to as small-numbered peoples) - peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, farming and crafts, numbering less than 50 thousand people and realizing themselves as independent ethnic communities;

representatives of other ethnic communities - representatives of ethnic communities that do not belong to small peoples, but permanently reside in the areas where these people live and carry out the traditional management of small peoples;

communities of small peoples - forms of self-organization of persons belonging to small peoples and united according to consanguinity (family, clan) and (or) territorial-neighborhood characteristics, created in order to protect their original habitat, preserve and develop traditional ways of life, farming, crafts and culture;

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;

unions (associations) of communities of small peoples - interregional, regional and local associations of communities of small peoples.

Article 2. Relations regulated by this Federal Law

This Federal Law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small peoples.

Article 3. Scope of this Federal Law

This Federal Law applies to all communities of small peoples, including those created before its entry into force, as well as to unions (associations) of communities of small peoples.

Article 4. Legislation of the Russian Federation on communities of small peoples

1. The legislation of the Russian Federation on communities of small peoples consists of the Constitution of the Russian Federation, this Federal Law, 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.

2. Decisions on issues internal organization communities of small peoples and the relationships between its members can be accepted 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.

Article 5. Principles of organization and activities of communities of small peoples

The organization and activities of communities of small peoples are based on the principles:

equality of communities of small peoples before the law, regardless of the types of their activities and the number of members of the community of small peoples;

voluntariness, equality, self-government and the rule of law;

freedom in determining its internal structure, forms and methods of its activities;

publicity.

The activities of the communities are non-commercial in nature.

Article 6. Restrictions on the organization and activities of communities of small peoples

The organization and activities of communities of small peoples for purposes other than those specified by this Federal Law, the laws of the constituent entities of the Russian Federation, and the constituent documents of the corresponding community of small peoples are prohibited.

Article 7. Relations between communities of small peoples and state authorities and local governments

1. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, in order to protect the original habitat and traditional way of life, the rights and legitimate interests of small peoples, can provide assistance to communities of small peoples, unions (associations) of communities of small peoples in form:

providing tax benefits and benefits;

targeted financing of regional and local programs for the preservation and development of traditional lifestyles, economic activities and crafts of small peoples;

concluding agreements with communities of small peoples, unions (associations) of communities of small peoples for the performance of work and the provision of services;

targeted training of personnel in professions necessary for communities of small peoples, unions (associations) of communities of small peoples for self-government and traditional management of small peoples;

free advisory assistance on issues of traditional economic management of small peoples;

providing, on a competitive basis, a social contract for the development and implementation of regional and local programs of socio-economic assistance to communities of small peoples.

In places of compact residence of small peoples, local government bodies, at the proposal of communities of small peoples, unions (associations) of communities of small peoples, may vest them with separate powers of local government bodies.

2. Issues affecting the interests of communities of small peoples are resolved by state authorities of the constituent entities of the Russian Federation and local governments, taking into account the opinions of communities of small peoples.

3. State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, and their officials do not have the right to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, except for cases provided for by federal legislation and the legislation of constituent entities of the Russian Federation. Federation. Actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-government bodies, their officials, violating the independence of communities of small peoples, unions (associations) of communities of small peoples, can be appealed in the manner established by federal legislation.

Article 8. Organization of communities of small peoples

1. 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 years. The will to join the community of small peoples must be expressed in the form of a written statement or as an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).

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

2. 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, local government bodies, and their officials cannot be founders of communities of small peoples.

3. The constituent documents of a community of small-numbered peoples are:

memorandum of association;

The founding agreement is concluded by the founders of the community of small-numbered peoples, and the charter is approved by the general meeting (gathering) of community members.

The constituent documents of a community of small-numbered peoples must define:

name of the community;

location;

main types of management.

The constituent documents of a community of small peoples may contain other information provided for by this Federal Law and the laws of the constituent entities of the Russian Federation.

Constituent documents are signed by the founders of the community of small peoples.

From the moment a decision is made to organize a community of small peoples, it is considered created.

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.

4. By decision of the general meeting (gathering) of members of the community of small-numbered peoples, persons who are not members of the small-numbered peoples, who carry out traditional farming and are engaged in the traditional crafts of the small-numbered peoples, can be accepted as members of the community.

5. A person’s refusal to join a community of small peoples cannot serve as a basis for limiting his right to independently carry out traditional farming and engage in traditional crafts.

Article 9. Constituent assembly of the community of small-numbered peoples

Decisions on the creation of a community of small-numbered peoples, on the approval of its charter, on the formation of governing bodies and control bodies are made at the founding meeting of the community of small-numbered peoples. All citizens living in the territory (part of the territory) of the corresponding municipality have the right to attend the founding meeting of a community of small peoples.

Article 10. Charter of the community of small-numbered peoples

1. The charter of a community of small peoples must determine:

type of community, subject and goals of its activities;

composition of founders;

name and location;

sources of formation of community property and the procedure for its use;

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

procedure for compensation of losses;

conditions of liability of community members for debts and losses of the community;

the procedure for using property in the event of liquidation of the community;

the structure and competence of the community's governing bodies, the procedure for their decision-making, the list of issues on which decisions are made by a qualified majority of votes;

the procedure for making changes and additions to the constituent documents;

frequency of holding a general meeting (gathering) of community members;

the procedure for reorganization and liquidation of the community;

rights and responsibilities of community members;

the procedure and conditions for admission to and exit from the community;

the order and nature of participation of community members in its economic activity;

responsibility of community members for violation of obligations regarding personal labor and other participation.

The charter of a community of small peoples may contain a description of the symbols of a community of small peoples.

The charter of a community of small-numbered peoples may contain other provisions related to the activities of the community that do not contradict federal legislation.

2. A community of small peoples must report changes to its charter to state authorities and (or) local governments within the time frame and in the manner established by the legislation of the constituent entities of the Russian Federation.

Article 11. Membership in the community of small peoples

1. Membership in a community of small-numbered peoples can be collective (membership of families (clans)) and individual (membership of persons belonging to small-numbered peoples).

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.

Members of the community of small peoples have the right to leave it.

In case of leaving the community of small-numbered peoples, a member of the community and members of his family are given a share of the property of the community of small-numbered peoples.

When one or more of its members leave the community and are allocated a share of the community’s property, it must be ensured that those who leave have the opportunity to lead a traditional way of life and carry out traditional farming.

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.

Foreign citizens and stateless persons cannot be members of a community of small peoples, but have the right to provide communities of small peoples, unions (associations) of communities of small peoples with material, financial and other assistance.

2. Belonging to a community of small-numbered peoples of persons belonging to small-numbered peoples cannot serve as a basis for restricting their human and civil rights and freedoms, as a condition for granting them any benefits and advantages, except for cases provided for by federal legislation.

3. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, and their officials cannot be members of a community of small peoples.

Article 12. Rights of members of the community of small peoples

1. Members of a community of small peoples, in accordance with the charter of a community of small peoples, have the right to:

participation in community decision-making;

participation in elections of community governing bodies and the right to be elected to these bodies;

receiving a share from the property of the community or its compensation upon leaving the community or upon its liquidation;

leaving the community;

other rights provided for by the community charter.

2. Members of a community of small peoples, in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation, have the right to use animals and flora, common minerals and others Natural resources.

Article 13. Responsibilities of members of the community of small peoples

1. Members of a community of small peoples are obliged to:

comply with the community charter;

rational use of natural resources and implementation of environmental measures;

perform other duties provided for by the legislation of the Russian Federation.

2. Members of the community of small peoples 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.

3. The community of small peoples is not responsible for the obligations of its members.

Article 14. General meeting (gathering) of members of the community of small peoples

1. Supreme body The management of a community of small-numbered peoples is a general meeting (gathering) of members of a community of small-numbered 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.

A general meeting (gathering) of members of a community of small-numbered peoples is considered authorized if at least half of the community members participate in it, unless other rules are established by the community charter.

The charter of a community of small-numbered peoples may provide for the convening of a general meeting (gathering) of community members at the request of at least one third of its members.

The general meeting (gathering) of members of the community of small-numbered peoples considers all the most important issues of the life of the community of small-numbered peoples.

2. The exclusive competence of the general meeting (gathering) of members of the community of small-numbered peoples includes:

adoption of the community charter;

election of the board (council) of the community and its chairman;

acceptance of new members;

exclusion from the community;

determination of the main directions of the community’s activities;

election of the audit commission;

making decisions on reorganization, liquidation and self-dissolution of the community;

approval of decisions of the chairman of the board (council) of the community.

The charter of a community of small peoples may include other issues related to the activities of a community of small peoples within the powers of the general meeting (gathering) of members of a community of small peoples.

Article 15. Board (council) of the community of small-numbered peoples

1. The governing body of a community of small-numbered peoples is the board (council) of the community of small-numbered peoples.

The board (council) of a community of small peoples 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) of members of the community of small peoples by a simple majority of votes.

The board (council) of the community of small peoples organizes the activities of the community of small peoples during breaks between general meetings (gatherings) of members of the community of small peoples and 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.
Members of the community who received more than half of the votes of its members present at the general meeting (gathering) of community members are considered elected to the board (council) of a community of small-numbered peoples.
2. The board (council) of a community of small peoples has the right:

consider applications from citizens who have expressed a desire to join the community and recommend them for joining the community;

determine the number of workers hired by the community of small peoples under labor contracts, and the procedure for remuneration for their labor in accordance with the labor legislation of the Russian Federation;

approve the decision of the chairman of the board (council) of the community.

The charter of a community of small-numbered peoples may grant other powers to the board (council) of the community.

Article 16. Powers of the chairman of the board (council) of a community of small peoples

Chairman of the board (council) of the community of small-numbered peoples:

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.

Article 17. Property of communities of small peoples

1. The ownership of communities of small peoples may include:

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

financial assets 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.

2. Communities of small peoples independently own, use and dispose of their property.

3. Communities of small peoples, with the consent of community members, have the right to sell the products of labor produced by its members.

4. Communities of small peoples bear material and other responsibility in accordance with the legislation of the Russian Federation.

Article 18. Benefits provided to members of the community of small peoples

In order to protect the original habitat, preserve and develop the traditional way of life and economic management of small peoples, members of the community of small peoples enjoy benefits established by federal legislation and the legislation of the constituent entities of the Russian Federation.

Article 19. Activities of communities of small peoples in the field of education and culture

1. In order to preserve the cultures of small peoples, communities of small peoples can organize the upbringing and education of children of community members, based on the traditions and customs of these peoples.

The involvement of teachers for the education and training of children of members of communities of small peoples can be carried out on the basis of agreements between communities of small peoples and executive authorities of the constituent entities of the Russian Federation and local governments.

2. Communities of small peoples have the right to observe religious traditions and rituals of small peoples, if such traditions and rituals do not contradict the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation, maintenance and protection of places of worship, creation of their own cultural centers and other public associations.

Article 20. Unions (associations) of communities of small peoples

1. 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 constituent agreements and (or) charters adopted by unions (associations) of communities. The legal capacity of unions (associations) of communities of small peoples as legal entities arises from the moment of their state registration.

Unions (associations) of communities of small peoples are non-profit organizations.

2. Communities of small peoples - members of the union (association) of communities of small peoples retain their independence and the rights of a legal entity.

3. The union (association) of communities of small peoples is not responsible for the obligations of its members. Members of a union (association) of communities of small peoples bear subsidiary liability for the obligations of the union (association) in the amount and manner provided for by the constituent documents of the union (association).

4. The name of the union (association) of communities of small peoples must contain an indication of the main subject of activity of its (her) members with the inclusion of the word “union” or “association”.

Article 21. Reorganization of communities of small peoples, unions (associations) of communities of small peoples

1. Reorganization of communities of small peoples, unions (associations) of communities of small peoples is carried out by decision of a general meeting (gathering) of members of a community of small peoples or a congress (conference) of unions (associations) of communities, adopted by a qualified majority of members of a community of small peoples or a union (association) of communities small peoples.

2. Reorganization of communities of small peoples, unions (associations) of communities of small peoples can be carried out in the form of merger, annexation, division and separation of communities.

3. State registration of communities of small peoples, unions (associations) of communities of small peoples, newly formed after reorganization, is carried out in the manner established by federal legislation.

4. The property of communities of small peoples, unions (associations) of communities of small peoples that are legal entities, passes after their reorganization to the newly formed communities of small peoples, unions (associations) of communities of small peoples that have become legal entities, in the manner prescribed by the Civil Code of the Russian Federation .

Article 22. Liquidation of communities of small peoples, unions (associations) of communities of small peoples

1. Communities of small peoples, unions (associations) of communities of small peoples may be liquidated on the basis and in the manner established by federal legislation.

2. In addition, communities of small peoples may be liquidated in the event of:

withdrawal from the community of more than two thirds of the founders or members of this community or 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. Liquidation is carried out by court decision.

3. When a community of small-numbered peoples is liquidated, its property remaining after satisfaction of the creditors’ claims is subject to distribution among members of the community in accordance with their share of the property of the community of small-numbered peoples, unless otherwise established by the charter of the community of small-numbered peoples. The decision on the use of the property of a community of small peoples, a union (association) of communities of small peoples remaining after satisfaction of the creditors' claims is published by the liquidation commission in the press.

4. An entry on the termination of the activities of a community of small-numbered peoples is made in the register of the justice body carrying out state registration of legal entities upon submission of the following documents:

an application to terminate the activities of the community, signed by a person authorized by the general meeting (gathering) of members of the community of small-numbered peoples;

decision of the relevant authority to liquidate the community;

charter of the community of small peoples;

liquidation or separation balance sheet;

document on the destruction of the community seal.

Disputes regarding the liquidation of communities of small peoples are resolved in court.

The liquidation of a union (association) of communities of small peoples is carried out in accordance with the charter of this union (association) of communities of small peoples in the manner prescribed by federal legislation.

The decision to liquidate a community of small peoples, a union (association) of communities of small peoples that are legal entities, is sent to the justice body that registered the community of small peoples, a union (association) of communities of small peoples.

If a community of small peoples has not passed state registration, the decision on its liquidation or self-dissolution is sent to state authorities and (or) local governments in the manner and within the time frame established by the legislation of the constituent entities of the Russian Federation.

Article 23. Appeal against actions of state authorities and local self-government bodies

Communities of small-numbered peoples have the right to appeal to the court the actions of state authorities, local government bodies, and their officials that infringe on the rights of communities of small-numbered peoples and their members, in established by law order, as well as demand compensation for losses caused to them as a result of damage to the environment.

Article 24. Final provisions

1. This Federal Law comes into force on the date of its official publication.

2. To propose to the President of the Russian Federation and the Government of the Russian Federation to bring their legal acts into compliance with this Federal Law.

The president
Russian Federation
V. Putin

The most different reasons may lead to the question of how to create a community of small peoples of the north. Such communities are usually needed to preserve culture and economic activities, develop traditions, protect habitats and conduct traditional crafts. The presence of a community helps to resolve many issues that cannot be resolved by an individual.

How does community creation work?

To create a community you will need the following papers:

Charter developed and approved by the founders. It indicates the name of the organization, its location, and the main types of activities (economics) that the organization will conduct. The contents of the charter are regulated and subject to state requirements;
Passport details of the founders and management;
Form P11001, correctly completed and certified by a notary;
Paid receipt of state duty;
Memorandum of association.

The charter establishes the body that makes decisions. Usually this is a general meeting of society members. According to the law, such organizations are considered non-profit. But they can conduct commercial activities, for example, put up for sale the results of their craft or labor.

How to register an organization

The community is a legal entity and can defend its interests only if it has been registered. Otherwise, it does not have the rights of a legal entity. Only persons over 16 years of age can join the organization; if they wish, they can leave the community.

Registration of communities of indigenous peoples of the north is carried out by the Ministry of Justice of the Russian Federation. If you have doubts about how to register a legal entity, you can choose one of the following paths:

Ask questions directly to the Ministry of Justice. Employees should tell you how to fill out documents;
Seek help from professional lawyers. This will help get rid of all problems and shift the headache of registering a legal entity onto the shoulders of professionals.

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.

Features of the legal status of communities of small peoples, their creation, reorganization and liquidation, management are determined by Federal Law of July 20, 2000 No. 104-FZ “On general principles organization of 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 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.

Communities of indigenous peoples of the Russian Federation examples. Community of indigenous peoples of the Russian Federation. Community governing bodies

Legal advice under Art. 6.1 of the Law on Non-Profit Organizations

How does community creation work?

How to register an organization

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

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Communities of indigenous peoples of the Russian Federation examples. Community of indigenous peoples of the Russian Federation. Community governing bodies

Legal advice under Art. 6.1 of the Law on Non-Profit Organizations

How does community creation work?

How to register an organization

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

What else to read

THE LAST NOTES

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