Law on Public Organizations of the Year. Federal Law on Public Associations

Valid Editorial from 22.07.2010

FEDERAL LAW dated May 19, 1995 N 82-FZ (as amended on July 22, 2010) “ON PUBLIC ASSOCIATIONS”

The right of citizens to associate includes the right to create public associations on a voluntary basis to protect common interests and achieve common goals, the right to join existing public associations or to refrain from joining them, as well as the right to freely leave public associations.

The creation of public associations contributes to the realization of the rights and legitimate interests of citizens.

Citizens have the right to create public associations of their choice without prior permission from the authorities state power and organs local government, as well as the right to join such public associations under the conditions of compliance with the norms of their charters.

Public associations created by citizens may register in the manner prescribed by this Federal Law and acquire the rights of a legal entity or function without state registration and acquisition of the rights of a legal entity.

The content of the right of citizens to association, the basic state guarantees of this right, the status of public associations, the procedure for their creation, activities, reorganization and (or) liquidation are regulated by this Federal Law, the Civil Code Russian Federation and other laws on certain types of public associations.

Features associated with the creation, activity, reorganization and (or) liquidation individual species public associations - trade unions, charitable and other types of public associations - may be regulated by special laws adopted in accordance with this Federal Law. The activities of these public associations before the adoption of special laws, as well as the activities of public associations not regulated by special laws, are regulated by this Federal Law.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of the public association (hereinafter referred to as the statutory goals).

The right of citizens to create public associations is exercised both directly through the association of individuals and through legal entities - public associations.

The founders of the public association are individuals and legal entities - public associations that have convened a congress (conference) or general meeting at which the charter of the public association is adopted and its governing and control and audit bodies are formed. The founders of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Members of a public association are individuals and legal entities - public associations, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by appropriate individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Members of a public association have the right to elect and be elected to the governing and control and audit bodies of this association, as well as to control the activities of the governing bodies of the public association in accordance with its charter.

Members of a public association have rights and bear responsibilities in accordance with the requirements of the norms of the charter of the public association and, in case of failure to comply with these requirements, may be expelled from the public association in the manner specified in the charter.

Participants of a public association are individuals and legal entities - public associations that have expressed support for the goals of this association and (or) its specific shares, taking part in its activities without necessarily formalizing the conditions of their participation, unless otherwise provided by the charter. Participants of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Public associations can be created in one of the following organizational- legal forms:

public organization;

social movement;

public fund;

public institution;

public initiative body;

Political Party.

The paragraph is no longer valid.

The organizational and legal forms of political public associations are a public organization (for political organization, including a political party) and a social movement (for a political movement).

(as amended by Federal Law dated July 19, 1998 N 112-FZ)

A public organization is a membership-based public association created on the basis joint activities to protect common interests and achieve the statutory goals of united citizens.

Members of a public organization, in accordance with its charter, can be individuals and legal entities - public associations, unless otherwise established by this Federal Law and laws on certain types of public associations.

The highest governing body of a public organization is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting.

In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

A social movement is a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by the participants social movement.

The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting.

In the case of state registration of a social movement, its permanent governing body exercises the rights of a legal entity on behalf of the social movement and performs its duties in accordance with the charter.

A public foundation is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and to use this property for socially beneficial purposes. The founders and managers of the property of a public foundation do not have the right to use the said property in their own interests.

The governing body of a public foundation is formed by its founders and (or) participants or by a decision of the founders of a public foundation, adopted in the form of recommendations or personal appointments, or by election by participants at a congress (conference) or general meeting.

In the case of state registration of a public fund, this fund carries out its activities in the manner prescribed by the Civil Code of the Russian Federation.

The creation, operation, reorganization and (or) liquidation of other types of funds (private, corporate, state, public-state and others) may be regulated by the relevant law on funds.

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association.

Management of a public association and its property is carried out by persons appointed by the founder(s).

In accordance with the constituent documents of a public institution, a collegial body may be created, elected by participants who are not the founders of this institution and consumers of its services. This body may determine the content of the activities of a public institution, have the right of an advisory vote with the founder (founders), but does not have the right to dispose of the property of a public institution, unless otherwise established by the founder (founders).

In the case of state registration of a public institution, this institution carries out its activities in the manner established by the Civil Code of the Russian Federation.

A public initiative body is a non-membership public association, the purpose of which is to jointly resolve various social problems, arising among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of statutory goals and the implementation of programs of the public initiative body at the place of its creation.

A public initiative body is formed on the initiative of citizens interested in solving these problems, and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders. A public initiative body has no superior bodies or organizations above it.

In the case of state registration of a public initiative body, this body acquires rights and assumes the responsibilities of a legal entity in accordance with the charter.

The procedure for the creation, activity, reorganization and (or) liquidation of political parties is regulated by a special federal law.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis constituent agreements and (or) charters adopted by unions (associations), forming new public associations. Legal capacity of unions (associations) of public associations as legal entities arises from the moment of their state registration.

The creation, activity, reorganization and (or) liquidation of unions (associations) of public associations, including with the participation of foreign non-profit non-governmental organizations, are carried out in the manner prescribed by this Federal Law.

All-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

An all-Russian public association is understood as an association that carries out its activities in accordance with its statutory goals in the territories of more than half of the constituent entities of the Russian Federation and has its own structural units- organizations, departments or branches and representative offices.

An interregional public association is understood as an association that carries out its activities in accordance with its statutory purposes in the territories of less than half of the constituent entities of the Russian Federation and has its own structural units there - organizations, branches or branches and representative offices.

A regional public association is understood as an association whose activities, in accordance with its statutory goals, are carried out within the territory of one subject of the Russian Federation.

A local public association is understood as an association whose activities, in accordance with its statutory goals, are carried out within the territory of a local government body.

All-Russian public associations may use in their names the names “Russia”, “Russian Federation” and words and phrases formed on their basis without special permission from the competent state body.

Public associations, regardless of their organizational and legal forms, are equal before the law. The activities of public associations are based on the principles of voluntariness, equality, self-government and the rule of law. Public associations are free to determine their internal structure, goals, forms and methods of their activities.

The activities of public associations must be transparent, and information about their constituent and program documents must be publicly available.

The creation and activities of public associations whose goals or actions are aimed at carrying out extremist activities are prohibited.

The inclusion of provisions on the protection of ideas of social justice in the constituent and program documents of public associations cannot be considered as inciting social discord.

Restrictions on the creation of certain types of public associations can only be established by federal law.

Interference by public authorities and their officials in the activities of public associations, as well as interference of public associations in the activities of public authorities and their officials, is not permitted, except for the cases provided for by this Federal Law.

The state ensures compliance with the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits and advantages to them. Governmental support can be expressed in the form of targeted financing of individual socially useful programs of public associations at their requests ( government grants); concluding any types of contracts, including for the performance of work and provision of services; social order to fulfill various government programs to an unlimited number of public associations, placed in the manner prescribed by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”

Issues affecting the interests of public associations in cases provided for by law are resolved by state authorities and local governments with the participation of the relevant public associations or in agreement with them.

Employed employees of public associations are subject to the labor legislation of the Russian Federation and the legislation of the Russian Federation on social insurance.

Chapter II. Creation of public associations, their reorganization and (or) liquidation

Public associations are created on the initiative of their founders - at least three individuals. The number of founders for the creation of certain types of public associations may be established by special laws on the relevant types of public associations.

The founders, along with individuals, may include legal entities - public associations.

Decisions on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies are made at a congress (conference) or general meeting. From the moment these decisions are adopted, the public association is considered created: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes the responsibilities provided for by this Federal Law.

The legal capacity of a public association as a legal entity arises from the moment of state registration of this association.

Founders, members and participants of public associations can be citizens who have reached the age of 18, and legal entities - public associations, unless otherwise established by this Federal Law, as well as laws on certain types of public associations.

Foreign citizens and stateless persons legally located in the Russian Federation may be founders, members and participants of public associations, except for cases established by international treaties of the Russian Federation or federal laws. Foreign citizens and stateless persons can be elected honorary members (honorary participants) of a public association without acquiring rights and obligations in this association.

Cannot be a founder, member or participant of a public association:

1) a foreign citizen or stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision was made that their stay (residence) in the Russian Federation is undesirable;

2) a person included in the list in accordance with paragraph 2 of Article 6 of the Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of funds obtained by criminal means and the financing of terrorism”;

3) a public association whose activities have been suspended in accordance with Article 10 of the Federal Law of July 25, 2002 N 114-FZ “On Combating Extremist Activities” (hereinafter - the federal law"On counteracting extremist activities");

4) a person in respect of whom a court decision that has entered into legal force has established that his actions contain signs of extremist activity;

Members and participants of youth public associations can be citizens who have reached the age of 14.

Members and participants of children's public associations can be citizens who have reached 8 years of age.

The conditions and procedure for acquiring and losing membership, including the conditions for leaving members of public associations based on age, are determined by the charters of the relevant public associations.

The requirement to indicate in official documents for membership or participation in certain public associations not allowed. The affiliation or non-belonging of citizens to public associations cannot be a basis for restricting their rights or freedoms, or a condition for the state to provide them with any benefits and advantages, except for cases provided for by the legislation of the Russian Federation.

State authorities and local self-government bodies cannot be founders, members and participants of public associations.

When creating public associations in the form of public organizations, the founders of these associations automatically become their members, acquiring the corresponding rights and obligations.

When creating public associations in other organizational and legal forms, the rights and obligations of the founders of such associations are indicated in their charters.

The charter of a public association must provide for:

1) name, goals of the public association, its organizational and legal form;

2) the structure of the public association, the governing and control and audit bodies of the public association, the territory within which the association operates;

3) the conditions and procedure for acquiring and losing membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);

4) the competence and procedure for forming the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

5) the procedure for making changes and additions to the charter of the public association;

6) sources of formation of funds and other property of the public association, the rights of the public association and its structural divisions for property management;

7) the procedure for reorganization and (or) liquidation of the public association.

The paragraph is no longer valid.

The affiliation of a public association with political public associations must be specified in its charter.

The charter of a public association may contain a description of the symbolism of this association.

The charter may also provide for other provisions related to the activities of the public association that do not contradict the laws.

To acquire the rights of a legal entity, a public association is subject to state registration in accordance with Federal Law of August 8, 2001 N 129-FZ “On State Registration of Legal Entities and individual entrepreneurs" (hereinafter referred to as the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs"), taking into account the procedure for state registration of public associations established by this Federal Law.

The decision on state registration (on refusal of state registration) of a public association is made by the federal executive body authorized in the field of state registration of public associations (hereinafter referred to as the federal state registration body), or its territorial body. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of public associations, as well as other information provided for by federal laws, is carried out by the federal executive body authorized in accordance with Article 2 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" (hereinafter - authorized registration body) on the basis of a decision taken by the federal state registration body or its territorial body on the relevant state registration.

The decision on state registration of an international or all-Russian public association is made by the federal state registration body.

The decision on state registration of an interregional public association is made by the territorial body of the federal state registration body at the location of the permanent governing body of the public association.

The decision on state registration of a regional or local public association is made by the territorial body of the federal state registration body in the corresponding subject of the Russian Federation.

For state registration of a public association, the following documents are submitted to the federal state registration body or its corresponding territorial body:

1) an application signed by an authorized person (hereinafter referred to as the applicant), indicating his last name, first name, patronymic, place of residence and contact telephone numbers;

2) the charter of the public association in three copies;

3) an extract from the minutes of the founding congress (conference) or general meeting, containing information about the creation of a public association, the approval of its charter and the formation of governing bodies and a control and audit body;

4) information about the founders;

5) document confirming payment of state duty;

6) information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out;

7) minutes of founding congresses (conferences) or general meetings of structural units for international, all-Russian and interregional public associations;

8) when using in the name of a public association the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection intellectual property or copyrights, as well as the full name of another legal entity as part of own name- documents confirming the authority to use them.

The documents specified in part six of this article are submitted within three months from the date of the founding congress (conference) or general meeting.

State registration of youth and children's public associations is carried out if governing bodies Fully capable citizens were elected from these associations.

Changes made to the charters of public associations are subject to state registration in the same manner and within the same time frames as the state registration of public associations, and acquire legal force from the date of such registration.

The decision on state registration of a branch of a public association is made by the territorial body of the federal state registration body in the relevant constituent entity of the Russian Federation on the basis of documents submitted by the branch of the public association in accordance with part six of this article and certified by the central governing body of the public association, as well as a copy of the document on state registration of the public association associations. In this case, state registration of a branch of a public association is carried out in the manner prescribed for state registration of public associations. If a branch of a public association does not accept its charter and acts on the basis of the charter of the public association of which it is a branch, the central governing body of this association notifies the territorial body of the federal state registration body in the relevant constituent entity of the Russian Federation about the existence of the specified branch and its location , provides information about its governing bodies. In this case, the specified branch acquires the rights of a legal entity from the date of its state registration.

The federal state registration body or its territorial body, within thirty days from the date of filing an application for state registration of a public association, is obliged to make a decision on state registration of a public association or to refuse state registration of a public association and issue it to the applicant motivated refusal in writing.

The federal state registration body or its territorial body, after making a decision on the state registration of a public association, sends to the authorized registration body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

Based on the said decision and the information and documents submitted by the federal state registration body or its territorial body, the authorized registration body, within no more than five working days from the date of receipt of this information and documents, makes a corresponding entry in the unified state register of legal entities and no later than one working day, following the day of making such an entry, reports this to the body that made the decision on state registration of the public association.

The federal state registration body or its territorial body, no later than three working days from the date of receipt from the authorized registration body of information about the entry of an entry about a public association into the unified state register of legal entities, issues the applicant a certificate of state registration.

For state registration of a public association and changes made to its charter, a state fee is charged in the manner and amount provided for by the legislation of the Russian Federation on taxes and fees.

Article 22 - Repealed.

State registration of a public association may be refused on the following grounds:

1) if the charter of the public association contradicts the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if the documents required for state registration, provided for by this Federal Law, are not fully submitted, or are executed in an inappropriate manner, or are submitted to an inappropriate body;

3) if the person who acted as the founder of the public association cannot be a founder in accordance with part three of Article 19 of this Federal Law;

4) if a previously registered public association with the same name operates within the same territory;

5) if it is established that in the submitted constituent documents the public association contains false information;

6) if the name of the public association offends the morality, national and religious feelings of citizens.

Refusal of state registration of a public association based on the inexpediency of its creation is not allowed.

In case of refusal of state registration of a public association, the applicant is informed about this in writing, indicating the specific provisions of the Constitution of the Russian Federation and the legislation of the Russian Federation, the violation of which entailed the refusal of state registration of this association.

Refusal to state registration of a public association, as well as evasion of such registration, can be appealed to a higher authority or to court.

Refusal of state registration of a public association is not an obstacle to re-submission of documents for state registration, provided that the grounds that caused the refusal are eliminated.

Repeated submission of an application for state registration of a public association and the issuance of a decision on this application are carried out in the manner prescribed by this Federal Law.

Public associations have the right to have symbols: emblems, coats of arms, other heraldic signs, flags, and anthems.

The symbols of public associations should not coincide with the state symbols of the Russian Federation, the state symbols of the constituent entities of the Russian Federation, the symbols municipalities, federal government bodies, government bodies of constituent entities of the Russian Federation, the Armed Forces of the Russian Federation, other troops and military formations, symbols of foreign states, as well as with the symbols of international organizations.

Emblems and other symbols of public associations previously registered in the Russian Federation, emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation cannot be used as symbols of public associations.

The symbols of public associations should not discredit the State Flag of the Russian Federation, the State Emblem of the Russian Federation, the State Anthem of the Russian Federation, flags, coats of arms and anthems of the constituent entities of the Russian Federation, municipalities, foreign states, religious symbols, or offend racial, national or religious feelings.

The symbols of public associations are subject to state registration in the manner established by the legislation of the Russian Federation.

Public associations may establish awards (honorary titles, medals and insignia) and other types of rewards for personal and collective merits. Awards of public associations should not have similar, similar names or external resemblance with state awards of the Russian Federation, awards and departmental signs distinctions of state authorities and awards of local governments. feelings. The symbols of a public association are subject to state registration and registration in the manner established by the legislation of the Russian Federation.

Reorganization of a public association is carried out by decision of the congress (conference) or general meeting.

State registration of a public association created through reorganization is carried out in the manner prescribed by Federal Law

The documents required for state registration of a public association created through reorganization are submitted to the federal state registration body or its territorial bodies in the relevant constituent entities of the Russian Federation. In this case, the list of these documents and the procedure for their submission are determined by the authorized federal executive body.

The federal state registration body or its territorial body, after making a decision on the state registration of a public association created through reorganization, sends to the authorized registration body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

The procedure for interaction between the federal state registration body and its territorial bodies with the authorized registration body on the issue of state registration of a public association created through reorganization is determined by the President of the Russian Federation.

State registration of a public association created through reorganization, if a decision is not made to refuse said state registration on the basis of Article 23 of this Federal Law, is carried out within a period of no more than thirty working days from the date of submission of all documents drawn up in the prescribed manner.

The property of a public association that is a legal entity passes after its reorganization to newly established legal entities in the manner prescribed by the Civil Code of the Russian Federation.

Liquidation of a public association is carried out by decision of the congress (conference) or general meeting in accordance with the charter of this public association or by a court decision on the grounds and in the manner provided for in Article 44 of this Federal Law.

The property remaining as a result of the liquidation of a public association, after satisfying the claims of creditors, is directed to the purposes provided for by the charter of the public association, or, if there are no relevant sections in the charter of the public association, to the purposes determined by the decision of the congress (conference) or general meeting on the liquidation of the public association , and in controversial cases - by a court decision. The decision on the use of the remaining property is published by the liquidation commission in the press. The property of a public association liquidated in the manner and on the grounds provided for by the Federal Law “On Combating Extremist Activities” that remains after satisfaction of the creditors’ claims becomes the property of the Russian Federation.

State registration of a public association in connection with its liquidation is carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics of such registration established by this Federal Law.

The information and documents necessary for the state registration of a public association in connection with its liquidation are submitted to the body that made the decision on the state registration of this public association upon its creation.

The federal state registration body or its territorial body, after making a decision on the state registration of a public association in connection with its liquidation, sends to the authorized registration body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.

Based on the specified decision adopted by the federal state registration body or its territorial body, and the necessary information and documents submitted by them, the authorized registration body, within a period of no more than five working days from the date of receipt of the necessary information and documents, makes a corresponding entry in the unified state register of legal entities and no later than the working day following the day the corresponding entry was made, informs the body that made the said decision.

The procedure for interaction between the federal state registration body and its territorial bodies with the authorized registration body on issues of state registration of public associations in connection with liquidation is determined by the President of the Russian Federation.

State registration of a public association in connection with its liquidation is carried out within a period of no more than ten working days from the date of submission of all documents drawn up in the prescribed manner.

Chapter III. Rights and obligations of a public association

To implement its statutory goals, a public association that is a legal entity has the right:

participate in the development of decisions of state authorities and local self-government bodies in the manner and extent provided for by this Federal Law and other laws;

hold meetings, rallies, demonstrations, processions and picketing;

establish funds mass media and carry out publishing activities;

represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in government bodies, local governments and public associations;

exercise in full the powers provided for by the laws on public associations;

take initiatives to various issues public life, make proposals to government bodies;

participate in elections and referendums in the manner established by the legislation of the Russian Federation.

The paragraph is no longer valid.

To implement its statutory goals, a public association that is not a legal entity has the right:

freely disseminate information about its activities;

hold meetings, rallies and demonstrations, marches and picketing;

Represent and protect their rights, legitimate interests of their members and participants in government bodies, local governments and public associations;

Exercise other powers in cases where these powers are directly indicated in federal laws on certain types of public associations;

take initiatives on issues related to the implementation of its statutory goals, make proposals to state authorities and local governments.

The exercise of these rights by public associations created by foreign citizens and stateless persons or with their participation may be limited by federal laws or international treaties of the Russian Federation.

Laws on public associations may provide additional rights for specific types of public associations.

Official name of a public association must contain an indication of its organizational and legal form, territorial scope and the nature of its activities.

In the name of a public association it is not permitted to use the names of state authorities, local government bodies, the Armed Forces of the Russian Federation, other troops and military formations, unless otherwise established by the legislation of the Russian Federation, or names that are confusingly similar to the indicated names, as well as the names of existing in the Russian Federation, political parties without their consent or political parties that ceased their activities due to liquidation in connection with a violation of paragraph 1 of Article 9 of the Federal Law of July 11, 2001 N 95-FZ “On Political Parties” (hereinafter referred to as the Federal Law “On Political Parties” "). The names of public associations, with the exception of the names of political parties, cannot contain the words “political”, “party” and words and phrases formed on their basis.

A public association, with the exception of a political party, has the right to use the name of a citizen in its name. A public association uses a citizen's name only with his written consent or with the written consent of his legal representatives.

The public association is obliged:

comply with the legislation of the Russian Federation, generally recognized principles and norms international law relating to the scope of its activities, as well as the rules provided for by its charter and other constituent documents;

annually publish a report on the use of your property or ensure accessibility of the said report;

annually inform the body that made the decision on the state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association in the amount of information included in the unified state register of legal entities;

submit, at the request of the body making decisions on state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities to the extent of information submitted to the tax authorities;

allow representatives of the body making decisions on state registration of public associations to events held by the public association;

provide assistance to representatives of the body making decisions on state registration of public associations in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;

inform the federal state registration body about the amount of funds and other property received by the public association from international and foreign organizations, foreign citizens and stateless persons, about the purposes of their expenditure or use and about their actual expenditure or use in the form and within the time limits established by the authorized federal executive body.

(as amended by Federal Laws dated January 10, 2006 N 18-FZ, dated July 23, 2008 N 160-FZ)

The public association is also obliged to inform the body that made the decision on state registration of this association about changes in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information about received licenses, within three days from the moment of such changes. The specified body, no later than one working day from the date of receipt of the relevant information from the public association, reports this to the authorized registration body, which makes an entry in the unified state register of legal entities about changes in information about the public association.

Repeated failure by a public association to submit, within the prescribed period, updated information necessary to make changes to the unified state register of legal entities is the basis for the body that made the decision on state registration of the public association to apply to the court with an application to recognize this association as having ceased its activities as a legal entity. and on its exclusion from the unified state register of legal entities.

Repeated failure by a public association to submit the information provided for by this article within the prescribed period is the basis for the body that made the decision on the state registration of the public association to apply to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register. legal entities.

Failure by a public association to provide within the prescribed period the information provided for in paragraph eight of part one of this article is the basis for the body that made the decision on state registration of the public association to apply to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from unified state register of legal entities.

Chapter IV. Property of a public association. Property management of a public association

A public association that is a legal entity may own land, buildings, structures, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, other securities and other property necessary for material support activities of this public association specified in its charter.

A public association may also own institutions, publishing houses, and mass media that are created and acquired at the expense of the funds of this public association in accordance with its statutory goals.

Federal law may establish types of property that, for reasons of state and public security or in accordance with international treaties of the Russian Federation, cannot be owned by a public association.

Public foundations can carry out their activities on the basis of trust management.

The property of a public association is protected by law.

The property of a public association is formed on the basis of entrance and membership fees, if their payment is provided for by the charter; voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter of the public association; income from entrepreneurial activity public association; civil transactions; foreign economic activity of the public association; other income not prohibited by law.

Public associations whose charters provide for participation in elections and referendums in the manner established by the legislation of the Russian Federation may accept donations in the form of money and other property for activities related to the preparation and conduct of elections only in the manner prescribed by the Federal Law "On Political Parties" "and the legislation of the Russian Federation on elections.

The owners of the property are public organizations that have the rights of a legal entity. Each individual member of a public organization does not have the right of ownership to a share of property owned by the public organization.

IN public organizations, structural divisions (branches) of which operate on the basis of a single charter of these organizations, the owners of the property are public organizations as a whole. Structural divisions (branches) of these public organizations have the right to operationally manage the property assigned to them by the owners.

In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations that are part of a union (association) as independent entities are the owners of the property belonging to them.

On behalf of social movements, the rights of the owner of property supplied to social movements, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies, specified in the charters of these social movements.

On behalf of public funds, the rights of the owner of property received by public funds, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies specified in the charters of these public funds.

Public institutions created and financed by the owner (owners) exercise the right of operational management of said property in relation to the property assigned to them.

Public institutions that are legal entities and own property with the right of operational management may be the owners of property created and (or) acquired by them through other legal means.

Public institutions receive property with the right of operational management from the founder (founders). In relation to the specified property, public institutions exercise the rights of ownership, use and disposal within the limits established by law, in accordance with their statutory purposes.

The founder (founders) - the owner (owners) of property transferred to public institutions, has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.

When the ownership of property assigned to public institutions is transferred to another person, these institutions retain the right to operationally manage said property. Public institutions do not have the right to alienate or otherwise dispose of the property assigned to them and property acquired from funds allocated to them according to estimates, without the written permission of the owner.

If, in accordance with the constituent documents, public institutions are granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of public institutions and are accounted for on a separate balance sheet.

Public institutions are liable for their obligations with the funds at their disposal. If they are insufficient, the owner of the relevant property bears subsidiary liability for the obligations of the public institution.

The subjects of property rights in public amateur performance bodies are the public amateur performance bodies themselves, to which, after their state registration, the rights of a legal entity are assigned. Bodies of public initiative may be the owners of property created and (or) acquired by them by other legal means.

Public associations can carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which they were created and is consistent with these goals. Entrepreneurial activities are carried out by public associations in accordance with the Civil Code of the Russian Federation, the Federal Law "On the entry into force of part one Civil Code Russian Federation" and other legislative acts of the Russian Federation.

Public associations can create business partnerships, societies and other business organizations, as well as acquire property intended for conducting business activities. Business partnerships, societies and other business organizations created by public associations make payments to the relevant budgets in the manner and amounts established by the legislation of the Russian Federation.

Income from the business activities of public associations cannot be redistributed between members or participants of these associations and must be used only to achieve their statutory goals. Public associations are allowed to use their funds for charitable purposes, even if this is not specified in their charters.

Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation.

The body that makes decisions on state registration of public associations exercises control over the compliance of their activities with the statutory goals. When exercising this control, the specified body has the right:

2) send their representatives to participate in events held by public associations;

3) no more than once a year, conduct inspections of the compliance of the activities of public associations, including the expenditure of funds and the use of other property, with their statutory goals in the manner determined by the federal executive body exercising the functions of legal regulation in the field of justice;

4) request and receive information about the financial and economic activities of public associations from state statistics bodies, the federal executive body authorized for control and supervision in the field of taxes and fees, and other state supervision and control bodies, as well as from credit and other financial organizations ;

5) in the event of a violation by public associations of the Constitution of the Russian Federation and the legislation of the Russian Federation or the commission of actions by them that are contrary to their statutory goals, the body making decisions on state registration of public associations may issue a written warning to the governing bodies of these associations indicating the specific grounds for issuing the warning and the period for eliminating the said violation, which is at least one month. A warning issued by the body making decisions on state registration of public associations can be appealed by public associations to a higher body or to court.

Federal bodies of state financial control, the federal executive body authorized for control and supervision in the field of taxes and fees, the federal executive body authorized to carry out the function of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, establish the compliance of expenditures public associations use funds and other property for statutory purposes and report the results to the body that made the decision on state registration of the relevant public association.

Chapter V. Responsibility for violating laws on public associations

The state and its bodies, public associations and individual citizens bear equal responsibility for compliance with this Federal Law and other laws on certain types of public associations.

Public associations and citizens whose rights granted by this Federal Law and other laws on certain types of public associations have been violated may apply statement of claim to the judicial authorities and with a statement or complaint to the administrative authorities to bring the perpetrators to justice.

Government bodies and local government bodies and their officials who caused damage to public associations as a result of violation by these bodies and their officials of this Federal Law, as well as other laws on certain types of public associations, bear responsibility under the criminal, civil and administrative legislation of the Russian Federation.

Public associations, including those that do not have the rights of a legal entity, in case of violation of the legislation of the Russian Federation are liable in accordance with this Federal Law and other laws.

In case of violation of the legislation of the Russian Federation by public associations that do not have the rights of a legal entity, persons who are members of the governing bodies of these associations bear responsibility for these violations.

When public associations, including those that do not have the rights of a legal entity, commit acts punishable under criminal law, persons included in the governing bodies of these associations, upon proof of their guilt for organizing the specified body of this association, report on these violations and set a deadline for their elimination.

If these violations are not eliminated within the prescribed period, the body or official who made the corresponding submission has the right, by its decision, to suspend the activities of the public association for a period of up to six months.

A decision to suspend the activities of a public association until a court considers an application for its liquidation or a ban on its activities may be appealed to the court.

The activities of a public association may also be suspended in the manner and on the grounds provided for by Federal Law

If, during the established period of suspension of the activities of a public association, it eliminates the violation that served as the basis for the suspension of its activities, the public association resumes its activities by decision of the body or official that suspended this activity. If the court does not satisfy the application for the liquidation of a public association or a ban on its activities, it resumes its activities after the court decision enters into legal force.

The grounds for liquidating a public association or banning its activities are:

violation by a public association of human and civil rights and freedoms;

An application to the court for the liquidation of an international or all-Russian public association is submitted by the Prosecutor General of the Russian Federation or the federal state registration body. An application to the court for the liquidation of an interregional, regional or local public association is submitted by the prosecutor of the relevant constituent entity of the Russian Federation in the manner prescribed by the Federal Law "On the Prosecutor's Office of the Russian Federation" (as amended by the Federal Law of November 17, 1995 N 168-FZ), or the relevant territorial body federal state registration authority.

Liquidation of a public association by a court decision means a ban on its activities, regardless of the fact of its state registration.

The procedure and grounds for the liquidation of a public association that is a legal entity, by a court decision, also apply to the prohibition of the activities of a public association that is not a legal entity.

A public association may be liquidated, and the activities of a public association that is not a legal entity may also be prohibited in the manner and on the grounds provided for by the Federal Law “On Combating Extremist Activities.”

Acquire rights and bear responsibilities corresponding to the status of these international public associations, maintain direct international contacts and connections, and enter into agreements with foreign non-profit non-governmental organizations.

Russian public associations can create their organizations, branches or branches and representative offices in foreign countries on the basis of generally recognized principles and norms of international law, international treaties of the Russian Federation and the legislation of these states.

A public association formed in the Russian Federation is recognized as international if, in accordance with its charter, at least one of its structural units is created and operates in foreign countries - an organization, a branch or a branch and a representative office.

The creation, activity, reorganization and (or) liquidation of international public associations, international unions (associations) of international public associations in the Russian Federation are carried out in the general manner provided for public associations by this Federal Law and other federal laws.

Organizations, branches or branches and representative offices of international public associations are created and carry out their activities in the Russian Federation in accordance with this Federal Law and other federal laws.

The restrictions for founders, members and participants of public associations established by part two of Article 19 of this Federal Law do not apply to structural divisions of international public associations created and operating in foreign countries.

Chapter VII. Final provisions Supreme Council USSR, 1974, N 22, art. 326).

Declare invalid:

Decree of the Presidium of the Supreme Soviet of the RSFSR dated March 11, 1977 “On approval of the Regulations on friendly courts and the Regulations on public councils on the work of friendly courts" (Vedomosti of the Supreme Soviet of the RSFSR, 1977, No. 12, Art. 254);

Decree of the Presidium of the Supreme Soviet of the RSFSR of June 25, 1980 “On approval of the Regulations on public law enforcement centers in the RSFSR” (Vedomosti of the Supreme Soviet of the RSFSR, 1980, No. 27, Art. 772);

Decree of the Presidium of the Supreme Soviet of the RSFSR of October 1, 1985 “On approval of the Regulations on commissions to combat drunkenness formed at enterprises, institutions, organizations and their structural divisions” (Vedomosti of the Supreme Council of the RSFSR, 1985, No. 40, Art. 1397) ;

Resolution of the Supreme Council of the RSFSR dated December 18, 1991 N 2057-1 “On registration of public associations in the RSFSR and

Pending the adoption of federal laws on state-public and public-state associations, these associations are created and carry out their activities in accordance with the regulatory legal acts of government bodies.

Article 52. On state registration of public associations created before the entry into force of this Federal Law

The provisions of this Federal Law on state registration of public associations apply to public associations created before the entry into force of this Federal Law.

The charters of public associations created before the entry into force of this Federal Law must be brought into compliance with the said Federal Law from the date of its entry into force at the nearest congress (conference) or general meeting. The charters of public associations, until they are brought into compliance with this Federal Law, are valid only to the extent that does not contradict this law.

State re-registration of public associations created before the entry into force of this Federal Law must be carried out no later than July 1, 1999 with an exemption from the registration fee. The provision of part six of Article 21 of this Federal Law on the submission of constituent documents for state registration before the expiration of three months from the date of the constituent congress (conference) or general meeting does not apply to these public associations. Upon expiration of the specified period for re-registration, public associations that have not completed it are subject to liquidation in court at the request of the body registering public associations.

Within three months from the date of entry into force of this Federal Law, transfer to the state bodies currently registering public associations, and accept, to the bodies registering public associations under this Federal Law, all registration documents and materials of previously registered public associations.

If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.

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

The president
Russian Federation
B.YELTSIN

Moscow Kremlin.

The Zakonbase website presents the FEDERAL LAW dated May 19, 1995 N 82-FZ (as amended on July 22, 2010) “ON PUBLIC ASSOCIATIONS” in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

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

Scope

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

Citizens' rights

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

Normative base

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

Concept

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

Subjects

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

Participants

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

Kinds

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

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

Public organization

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

Movement

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

Territorial distribution

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

Principles

In the current regulatory document it is provided that:


Restrictions

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

Chapter 1. General provisions.

Article 1. Subject of regulation of this Federal Law.

The subject of regulation of this federal law is social relations arising in connection with the exercise by citizens of the right to association, the creation, activities, reorganization and (or) liquidation of public associations. Foreign citizens and stateless persons have equal rights with citizens of the Russian Federation in the sphere of relations regulated by this Federal Law, with the exception of cases established by federal laws or international treaties of the Russian Federation.

Article 2. Scope of this Federal Law.

This Federal Law applies to all public associations created on the initiative of citizens, with the exception of religious organizations, as well as commercial organizations and the non-profit unions (associations) they create.

This Federal Law also applies to the activities of structural divisions-organizations, branches or branches and representative offices created on the territory of the Russian Federation - foreign non-profit non-governmental associations.

The right of citizens to associate includes the right to create public associations on a voluntary basis to protect common interests and achieve common goals, the right to join existing public associations or to refrain from joining them, as well as the right to freely leave public associations.

The creation of public associations contributes to the realization of the rights and legitimate interests of citizens.

Citizens have the right to create public associations of their choice without prior permission from state authorities and local governments, as well as the right to join such public associations under the conditions of compliance with the norms of their charters.

Public associations created by citizens may register in the manner prescribed by this Federal Law and acquire the rights of a legal entity or function without state registration and acquisition of the rights of a legal entity.

Article 4. Laws on public associations.

Features associated with the creation, activity, reorganization and (or) liquidation of certain types of public associations - political parties, trade unions, charitable and other types of public associations - may be regulated by special laws adopted in accordance with this federal law. The activities of these public associations before the adoption of special laws, as well as the activities of public associations not regulated by special laws, are regulated by this federal law.

Article 5. The concept of a public association.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of the public association (hereinafter referred to as the statutory goals).

The right of citizens to create public associations is exercised both directly through the association of individuals and through legal entities - public associations.

Article 6. Founders, members and participants of a public association.

The founders of a public association are individuals and legal entities - public associations that convened a congress (conference) or general meeting at which the charter of the public association is adopted and its governing and control and audit bodies are formed. The founders of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Members of a public association are individuals and legal entities - public associations, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by appropriate individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Members of a public association have the right to elect and be elected to the governing and control and audit bodies of this association, as well as to control the activities of the governing bodies of the public association in accordance with its charter.

Members of a public association have rights and bear responsibilities in accordance with the requirements of the norms of the charter of the public association and, in case of failure to comply with these requirements, may be expelled from the public association in the manner specified in the charter.

Participants of a public association are individuals and legal entities - public associations that have expressed support for the goals of this association and (or) its specific shares, taking part in its activities without necessarily formalizing the conditions of their participation, unless otherwise provided by the charter. Participants of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Article 7. Organizational and legal forms of public associations.

Public associations can be created in one of the following organizational and legal forms: public organization; social movement; public fund; public institution; public initiative body.

Article 8. Public organization.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens.

Members of a public organization, in accordance with its charter, can be individuals and legal entities - public associations, unless otherwise established by this federal law and laws on certain types of public associations.

The highest governing body of a public organization is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting.

In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

Article 9. Social movement.

A social movement is a mass public association consisting of participants and without membership, pursuing social, political and other socially useful goals supported by participants in the social movement.

The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting.

In the case of state registration of a social movement, its permanent governing body exercises the rights of a legal entity on behalf of the social movement and performs its duties in accordance with the charter.

Article 10. Public Fund.

A public foundation is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and to use this property for socially beneficial purposes. The founders and managers of the property of a public foundation do not have the right to use the said property in their own interests.

The governing body of a public foundation is formed by its founders and (or) participants or by a decision of the founders of a public foundation, adopted in the form of recommendations or personal appointments, or by election by participants at a congress (conference) or general meeting.

In the case of state registration of a public fund, this fund carries out its activities in the manner prescribed by the Civil Code of the Russian Federation.

The creation, operation, reorganization and (or) liquidation of other types of funds (private, corporate, state, public-state and others) may be regulated by the relevant law on funds.

Article 11. Public institution.

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association.

Management of a public institution and its property is carried out by persons appointed by the founder(s).

In accordance with the constituent documents of a public institution, a collegial body may be created, elected by participants who are not the founders of this institution and consumers of its services. This body may determine the content of the activities of a public institution, have the right of an advisory vote with the founder (founders), but does not have the right to dispose of the property of a public institution, unless otherwise established by the founder (founders).

In the case of state registration of a public institution, this institution carries out its activities in the manner established by the Civil Code of the Russian Federation.

Article 12. Public initiative body.

A public initiative body is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and implementation of the programs of the public body amateur performances at the place of its creation. A public initiative body is formed on the initiative of citizens interested in solving these problems, and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders. A public initiative body has no superior bodies or organizations above it.

In the case of state registration of a public initiative body, this body acquires rights and assumes the responsibilities of a legal entity in accordance with the charter.

Article 13. Unions (associations) of public associations.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent agreements and (or) charters adopted by the unions (associations), forming new public associations. The legal capacity of unions (associations) of public associations as legal entities arises from the moment of their state registration.

The creation, activity, reorganization and (or) liquidation of unions (associations) of public associations, including with the participation of foreign non-profit non-governmental associations, are carried out in the manner prescribed by this federal law.

Article 14. Territorial sphere of activity of Russian public associations.

All-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

An all-Russian public association is understood as an association that carries out its activities in accordance with its statutory goals in the territories of more than half of the constituent entities of the Russian Federation and has its own structural units there - organizations, branches or branches and representative offices.

An interregional public association is understood as an association that carries out its activities in accordance with its statutory purposes in the territories of less than half of the constituent entities of the Russian Federation and has its own structural units there - organizations, branches or branches and representative offices.

A regional public association is understood as an association whose activities, in accordance with its statutory goals, are carried out within the territory of one subject of the Russian Federation.

A local public association is understood as an association whose activities, in accordance with its statutory goals, are carried out within the territory of a local government body.

All-Russian public associations may use in their names the names “Russia”, “Russian Federation” and words and phrases formed on their basis without special permission from the competent state body.

Article 15. Principles of creation and activities of public associations.

Public associations, regardless of their organizational and legal forms, are equal before the law. The activities of public associations are based on the principles of voluntariness, equality, self-government and the rule of law. Public associations are free to determine their internal structure, goals, forms and methods of their activities.

The activities of public associations must be transparent, and information about their constituent and program documents must be publicly available.

Article 16. Restrictions on the creation and activities of public associations.

The creation and activities of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national or religious hatred are prohibited.

The inclusion of provisions on the protection of ideas of social justice in the constituent and program documents of public associations cannot be considered as inciting social discord.

Restrictions on the creation of certain types of public associations can only be established by federal law.

Article 17. State and public associations.

Interference by public authorities and their officials in the activities of public associations, as well as interference of public associations in the activities of public authorities and their officials, is not permitted, except for the cases provided for by this Federal Law.

The state ensures compliance with the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits and advantages to them. State support can be expressed in the form of targeted financing of individual socially useful programs of public associations at their requests (state grants); concluding any types of contracts, including for the performance of work and provision of services; social order for the implementation of various government programs to an unlimited number of public associations on a competitive basis.

Issues affecting the interests of public associations in cases provided for by law are resolved by state authorities and local governments with the participation of the relevant public associations or in agreement with them.

Employed employees of public associations are subject to the labor legislation of the Russian Federation and the legislation of the Russian Federation on social insurance.

annually inform the body that made the decision on the state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association in the amount of information included in the unified state register of legal entities;

Submit, at the request of the body making decisions on state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities to the extent of information submitted to the tax authorities;

Allow representatives of the body that makes decisions on state registration of public associations to events held by the public association;

Provide assistance to representatives of the body making decisions on state registration of public associations in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;

Inform the federal state registration body about the amount of funds and other property received from foreign sources, which are specified in paragraph 6 of Article 2 of the Federal Law "On Non-Profit Organizations", about the purposes of spending these funds and using other property and about their actual expenditure and use in the form and within the time limits established by the authorized federal executive body.

The public association is also obliged to inform the body that made the decision on state registration of this association about changes in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information about received licenses, within three days from the moment of such changes. The specified body, no later than one working day from the date of receipt of the relevant information from the public association, reports this to the authorized registration body, which makes an entry in the unified state register of legal entities about changes in information about the public association.

Repeated failure by a public association to submit, within the prescribed period, updated information necessary to make changes to the unified state register of legal entities is the basis for the body that made the decision on state registration of the public association to apply to the court with an application to recognize this association as having ceased its activities as a legal entity. and on its exclusion from the unified state register of legal entities.

Repeated failure by a public association to submit the information provided for by this article within the prescribed period is the basis for the body that made the decision on the state registration of the public association to apply to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register. legal entities.

Failure by a public association to provide within the prescribed period the information provided for in paragraph eight of part one of this article is the basis for the body that made the decision on state registration of the public association to apply to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from unified state register of legal entities.

A public association intending, after state registration, to receive funds and other property from foreign sources, which are specified in paragraph 6 of Article 2 of the Federal Law “On Non-Profit Organizations”, and to participate in political activity carried out on the territory of the Russian Federation, is obliged, before participating in the said political activity, to submit to the body that made the decision on the state registration of this public association an application for its inclusion in the register provided for in paragraph 10 of Article 13.1 of the Federal Law "On Non-Profit Organizations" non-profit organizations performing the functions of a foreign agent. Such a public association quarterly submits to the federal state registration body the information provided for in paragraph eight of part one of this article.


Judicial practice under Article 29 of the Federal Law of May 19, 1995 No. 82-FZ

    Decision No. 2A-496/2018 2A-496/2018~M-509/2018 M-509/2018 dated September 28, 2018 in case No. 2A-496/2018

    Rybnovsky District Court ( Ryazan Oblast) - Civil and administrative

    According to the Unified State Register of Legal Entities, the person who has the right to act on behalf of a non-profit organization without a power of attorney is the chairman - FULL NAME5. In accordance with paragraph. 4 tbsp. 29 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, a public association is obliged to annually inform the body that made the decision on state registration of the public association about the continuation of its...

    Decision No. 2A-1236/2018 2A-1236/2018~M-1067/2018 M-1067/2018 dated September 28, 2018 in case No. 2A-1236/2018

    Volzhsky City Court (Republic of Mari El) - Civil

    G. No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”, paragraphs 5, 7 of part 1 of Article 29 of the Federal Law of May 19, 1995 No. 82-FZ “On public associations”, subparagraph 1 of paragraph 5 of Article 32 of the Federal Law of January 12, 1996 No. 7-FZ “...

    Decision No. 2A-432/2018 2A-432/2018~M-402/2018 M-402/2018 dated September 28, 2018 in case No. 2A-432/2018

    Ust-Katavsky City Court ( Chelyabinsk region) - Civil and administrative

    Implemented. There are no plans to resume activities, there are no debts, the organization is not located at the address indicated in the constituent documents, it has changed its location. In violation of paragraph 9 of Art. 29 of the Federal Law of May 19, 1995, the organization did not provide the necessary information about its activities. In violation of the order of the Ministry of Justice of Russia No. 72 of March 29, 2010. "About approval...

    Decision No. 2A-3491/2018 2A-3491/2018~M-2879/2018 A-3491/2018 M-2879/2018 dated September 27, 2018 in case No. 2A-3491/2018

    Sverdlovsk District Court of Kostroma (Kostroma Region) - Civil and administrative

    The Fund's Charter states that the highest governing body is the General Meeting of Participants, and the permanent executive collegial body is the Board. In violation of paragraph. 2 hours 1 tbsp. 29 of the Federal Law “On Public Associations”, clause 4.5., clause 4.5.1. According to the Foundation's Charter, there are no participants in the Branch and the governing bodies of the Branch have not been formed. Violation of norms...

    Decision No. 2A-737/2018 2A-737/2018~M-899/2018 M-899/2018 dated September 27, 2018 in case No. 2A-737/2018

    Grozny District Court (Chechen Republic) - Civil and administrative

    public associations, submits to the authorized body (the Ministry of Justice of Russia) (its territorial body is the Directorate of the Ministry of Justice of Russia for the Chechen Republic), documents in the form approved by Order of the Ministry of Justice of Russia dated March 29, 2010 No. 72 “On approval of reporting forms for non-profit organizations”, containing information on the volume of receipts from international and foreign organizations, foreign citizens and stateless persons...

    Decision No. 2A-2066/2018 2A-2066/2018~M-2065/2018 M-2065/2018 dated September 27, 2018 in case No. 2A-2066/2018

    Leninsky District Court of Barnaul (Altai Territory) - Civil and administrative

    Organizations are listed by the Interdistrict Inspectorate of the Federal Tax Service for the largest taxpayers by Altai region to the Unified State Register of Legal Entities on March 20, 2003, for OGRN.... In violation of Art. 29 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations” information on the organization’s activities for 2017 was not provided, in connection with this 08 ...

    Decision No. 2A-4400/2018 2A-4400/2018~M-4493/2018 M-4493/2018 dated September 27, 2018 in case No. 2A-4400/2018

    Leninsky District Court of Ulyanovsk ( Ulyanovsk region) - Civil and administrative

    Including those received from international and foreign organizations, foreign citizens and stateless persons, in form No. ON0002, approved by order of the Ministry of Justice of the Russian Federation dated 29. 03.2010 No. 72 “On approval of reporting forms for non-profit organizations”, in accordance with Decree of the Government of the Russian Federation dated 04/15/2006 No. 212 “On measures to implement certain provisions of Federal laws, ...

    Decision No. 2A-1187/2018 2A-1187/2018~M-1122/2018 M-1122/2018 dated September 27, 2018 in case No. 2A-1187/2018

    Troitsk City Court (Chelyabinsk region) - Civil and administrative

    Addresses of the location of the organization required to make changes to the Unified State Register of Legal Entities, within 3 days from the date of such changes. In violation of paragraphs 4 and 8 of Art. 29 10.

    Decision No. 2A-2336/2018 2A-2336/2018~M-2086/2018 M-2086/2018 dated September 25, 2018 in case No. 2A-2336/2018

    Leninsky District Court of Tambov (Tambov region) - Civil and administrative

    Regional Federation of Kyokushinkai" was registered on March 16, 2009 by the Office of the Ministry of Justice of the Russian Federation for Tambov region under state registration number(OGRN) 1096800000307. In accordance with Art. 29 of the Federal Law of the Russian Federation of May 19, 1995 N 82-FZ “On Public Associations”, the organization is obliged to annually inform the body that made the decision on state registration of the public association about...



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