Main types of public organizations and their functions.

Public organizations occupy a very important place how in political system country, and in ensuring the independence of its inhabitants. Every person in Russia has the right to found a public association of any kind, and a trade union to protect interests is no exception.

This right is established in the Constitution of the Russian Federation, Article 30. Russia is a country with a democratic state regime, therefore, the freedom of public organizations and unions is guaranteed. No one has the right to force a person to join an organization; this happens solely at the will of the citizen himself.

When creating public organizations, people do not have to wait for the consent of government authorities. Such organizations can be registered, in which case they will receive the status legal entity. However, the process state registration is not required; associations can exist without it.

Highlight different kinds public organizations: sports associations, mass movements, trade unions, political parties, scientific associations, unions of youth and disabled people, creative associations, etc. First you need to understand the concept of “public organization”.

What is a public association?

This term means a voluntary non-profit organization founded on the initiative of people who united to achieve common goals. On this moment The activities of such organizations are coordinated by the Federal Law “On Public Associations” of May 19, 1995.

In other words, a public organization is a union of people created on the basis of their interests and on the principle of voluntary membership. This type of organization has its limitations:

armed associations cannot be organized;
it is necessary to comply with the legislation of the Russian Federation;
not to violate the territorial unity of the state.

The characteristics of associations include voluntariness, action strictly in accordance with the charter and non-profit nature. IN modern conditions Such a union as a public organization has gained great popularity. very interesting to historians and politicians.

Organizational and legal forms of public associations

According to one of the articles Federal Law“On public associations” highlight following types such organizations that can be founded according to the legal forms:

social movement - an association founded to achieve political and social goals. Social movement participants do not have membership;
a public foundation is a type of non-profit association whose members do not have membership. The main goal of this association is the creation of property based on voluntary contributions and other revenues that do not contradict the legislation of the country;
a public institution - a union, also without membership, its main purpose is to provide certain services;
public amateur body - an association whose participants do not have membership. The main goal of the body is to solve certain types of problems that arise for people at their place of residence and study;
political party is a public organization participating in the formation of government bodies and expressing the political will of its members.

Classification of public associations

In addition to unions that differ legal form, there are also other features of their classification. The main types of public organizations were indicated above. Now other types and forms of such organizations will be considered. Types of public organizations and associations in accordance with the degree of participation in the struggle for power:

having a non-political orientation, i.e. they do not set a goal to be a participant in the struggle for power and do not try to make changes in the country;
having a political orientation, that is, those associations that are active participants in the struggle for power and use certain means for this.

In accordance with the relationship of associations to the present system:

conservative;
reformist;
revolutionary;
counter-revolutionary.

Types of public organizations in the Russian Federation by methods of action:

legal;
illegal;
formal;
informal.

And finally, based on the scale of activity, the following associations are distinguished:

international;
regional;
of a local nature.

Responsibilities and functions of public organizations

What should public organizations do? The types and functions of these associations, despite their apparent simplicity, have repeatedly raised doubts and disputes. Responsibilities and functions are few different concepts. First you need to consider the responsibilities of public organizations:

the main thing is to follow the legislation of the Russian Federation, as well as generally recognized norms and principles of international law;
annually publish a report on the property or provide access to it;
every year inform government authorities of the intention to continue its activities, here it is necessary to indicate the founders of the association, as well as the permanent address;
provide authorities with the right to familiarize themselves with the organization’s charter;
report the receipt and use of funds from foreign organizations.

Now we need to move on to consider the functions of public organizations:

person's orientation towards specific goals, that is, socialization and mobilization;
inclusion of people in the political system through cooperation or conflict;
creation of new non-traditional political structures;
representation of social interests.

Main activities of a public organization

As already noted, people join a public association on a voluntary basis, and based on this fact, we can conclude that the activities of organizations are aimed at their improvement and prosperity. Governing bodies are established here through elections. Activity public organization can be useful not only for its members, but also for other people who are not members of the organization.

Types of public organizations play a major role in setting the objectives of associations. There are several types of tasks that determine the direction of an organization. Public associations can serve the interests of entrepreneurs and commercial organizations, workers and employees, as well as promote the ideas of religious, political and other organizations.

The types of activities of public organizations are distinguished depending on the type of association. To the activities of entrepreneurial and professional organizations This includes work to promote the interests of both members of commercial associations and ordinary employees.

The activities of trade unions include:

activities to protect the interests of employees and members of the association;
activities of organizations whose members are interested in protecting their interests on issues wages and working conditions;
other actions of trade unions of various organizations that are created on an industry or structural basis.

The activities of other associations include the actions of all organizations (other than business and trade unions) that protect the interests of participants. The types of activities of public organizations included in this group are presented below:

the activities of religious associations, which consist in the spread of faith and its joint confession;
actions political parties, movements, associations, the main goal of which is to form people’s opinions by disseminating information;
the activities of non-political organizations that also shape people’s opinions, but through educational activities, raising the necessary funds, etc.;
activities of creative groups, for example, book clubs, historical clubs, musical and artistic associations;
activities of various unions of motorists, consumers, dating;
activities of patriotic associations, unions for the protection of social groups.

Non-profit organizations

This kind of association can be created to solve problems of education, health care, science and culture. A non-profit organization is an association whose participants do not have membership, based on voluntary contributions from citizens and legal entities. Various types of such organizations great amount, the most basic ones will be discussed here. Types of non-profit public organizations:

Fund. This is the most common form of non-profit association. Its purpose is to solve social, cultural or other problems by collecting property contributions. The fund has its own characteristics that distinguish it from other organizations of this type. There is no membership, which means that members of this organization cannot manage the fund. This association is the owner of its property, and its governing bodies are not responsible for its debts.
Charitable foundation. This is an organization created for the purpose of collecting property contributions for charity. This kind of fund has a charter regulating its activities. As a rule, a charitable foundation finds a sponsor, and he becomes its founder. This can be either a state or an enterprise, or any individual. If there is no such sponsor, the fund itself makes money in various ways.
The Union is a non-profit organization founded by combining several legal entities. According to the legislation of the Russian Federation, the union excludes the simultaneous presence of commercial and non-profit organizations. Associations are created to represent the interests of companies and to coordinate their activities.
Consumer cooperative. It is an association of citizens and (or) legal entities on a voluntary basis, main goal which is to satisfy the various needs of its shareholders. Shareholders are people who have made and are participants in the association. Both ordinary citizens and legal entities can act as shareholders of a consumer cooperative.
a union of people that was founded for the purpose of common religion and its spread. To the signs religious association This includes teaching your followers, performing worship, and worshiping. Participants in such a union can only be individuals.

Public Labor Association

This cooperation is a union of people who have united to obtain the necessary product of production through joint efforts. Most often, the social organization of labor has two directions: legal and technical. Law is intended to regulate social relations in the labor process. The technical direction consists of the rules for working on the required product.

At present, various types of such organization in their pure form are almost never found, since all types of labor associations belong to history. Types of social organization of labor:

primitive communal;
slaveholding;
feudal;
capitalist;
socialist.

As already noted, all these types are formal and are practically not found in the modern world.

Physical education and sports organizations

These associations can relate to both the type of non-profit organizations and the type of commercial ones. These organizations are designed to develop physical education and sports among various groups of people, to create all the necessary conditions to improve the health of persons participating in sports competitions, provide the equipment necessary for training.

Due to the deteriorating health of citizens in Lately Physical education and sports organizations have become very popular. They can level up physical culture people, and with it health.

Commercial associations of this type highlight profit generation as the main goal and can be created in partnerships, unitary enterprises etc.

Non-profit associations do not aim to make profit. First of all, they are designed to meet the needs of citizens. The income that such an organization has is not distributed among its members, but is used to perform necessary tasks.

The types of public sports organizations are quite diverse. Among them:

sports clubs that operate on an independent basis in various institutions;
children's sports schools run by government agencies;
scientific associations in the field of physical education and sports;
all-Russian physical culture and sports organizations;
National Olympic Committee.

Socio-political organizations

The peculiarity of such associations is that they do not belong to government organizations, but to one degree or another belong to the political system of the country. These can be either organizations that have a direct influence on political decisions in the country, or associations that do not have strict organization and structure.

The main goal of such associations is to influence power, however, as a rule, the socio-political organization does not achieve power as such. The main principles of a socio-political association are voluntariness and solidarity of members. There is a huge classification of such associations. The main types of socio-political organizations will be discussed here.

In accordance with the attitude to the existing system:

conservative;
liberal;
revolutionary.

By degree of organization:

poorly organized;
highly organized;
spontaneous;
scattered.

By scale of action:

international;
regional;
republican;
local.

State public organizations

Such associations are not the most popular and exist in small numbers. Types of state public organizations are presented below.

An organization that does not have membership and is created by the Russian Federation on the basis of a property contribution. The goal is to perform socially useful functions. A state corporation is created in accordance with Federal Law, and all property is its property. This organization uses its property for good purposes defined by law.

A budgetary institution is an organization founded by public authorities to achieve socio-cultural, scientific, technical and other goals. The activities of this organization are financed from the appropriate budget.

Conclusion

Types of public organizations include a huge number of different associations, and each of them has its own characteristics, advantages and disadvantages. But all organizations have the same principles of creation, among which are: voluntariness, equality before the law, legality, public availability of information, publicity of activities, self-government.

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 may be individuals and legal entities - public associations, unless otherwise established by this Federal Law and laws on certain types 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.

Legal advice under Art. 8 of the Law on Public Associations

Timur Bayborodov

how to close a public organization

Lawyer's answer:
State registration of a public association in connection with liquidation
State registration of a public association in connection with voluntary 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 special federal laws.
After the conference (general meeting) makes decisions on the liquidation of a public association and the election (appointment) of a liquidation commission (liquidator), the following are sent to the registering authority within three days:
Notification of a decision to liquidate a non-profit organization (form RN0005),
Notification on the formation of a liquidation commission, the appointment of a liquidator (bankruptcy trustee) of a non-profit organization (form RN0006).
Protocol on liquidation and formation of a liquidation commission (appointment of a liquidator) – 2 copies. .
After the liquidation commission approves the interim liquidation balance sheet, the following documents are sent to the registration authority:
Notification of the preparation of an interim liquidation balance sheet of a non-profit organization (form RN0007) with an attachment of the interim liquidation balance sheet.
After completing the liquidation procedure, you must submit to the registration authority:
1. Application for state registration of a non-profit organization in connection with its liquidation - form RN0008 (2 copies; the notary’s certification is affixed to only 1 copy)
2. Liquidation balance sheet with a note from the tax authority on acceptance;
3. Document confirming payment of state duty (1 original, 1 copy).
4. For cancellation - the originals of the charter and certificate of state registration of the public association.
If a public association does not have funds or other property, submitting a notification about the preparation of an interim liquidation balance sheet is possible simultaneously with filing an application for state registration of a non-profit organization in connection with its liquidation.
Forms of documents for state registration of non-profit organizations are approved by Government Decree Russian Federation from 04/15/2006 No. 212 “On measures to implement certain provisions of federal laws regulating the activities of non-profit organizations.” (find in Consultant)

Lyudmila Popova

Help organize a charity fund for children!. I really want to know the step-by-step procedure and pitfalls when organizing charitable foundation for orphans

Lawyer's answer:

Kristina Matveeva

Is it possible to register a public organization other than a legal entity? If so, how? Then how to register an individual entrepreneur or a public organization. What's the order? And what do you need?
- Lawyer's answer:
Ilya Udintsev

I need to go away for a few weeks. the employer won't let you go. What can be done?
- just punch him in the face or fuck him. he will fire you and fuck you on all 4 sides!

Tatiana Petrova

Is it necessary to register public associations anywhere, or with the Ministry of Justice?

Lawyer's answer:
No, actually registration is not required. If, for example, you got together with your comrades and declared yourself a public association, then, please, you are a public association. Art. 3 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations” Article 3. Content of the right of citizens to association Public associations created by citizens can register in the manner prescribed by this Federal Law and acquire the rights of a legal entity or function without state registration and acquisition rights of a legal entity. Art. 31 of the Constitution of the Russian Federation proclaims freedom of assembly in the Russian Federation, that is, no one is stopping you from declaring yourself a public association. But in this case, you will not be a public association for anyone but yourself, your charter will be considered an ordinary piece of paper, your leader will be an ordinary individual. face, no one will respect your rights as a public association, only the rights of individual citizens as a collection of individuals, you will also not have any benefits or privileges, since for the state you will not be a public association. Therefore, if you want to become an organization, you need to register with the Ministry of Justice. Article 21 of the Federal Law “On Public Associations”. 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 No. 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.

Eduard Bektuganov

What are the costs of starting a non-profit community organization? What are the costs in the future (contributions to the Pension Fund, etc.)? I am counting on a detailed answer with specific numbers. The organization plans to engage in volunteer activities, i.e. All employees will work on a voluntary basis. There is no idea of making a profit. Is it really necessary to register such an organization officially? Is it possible to interact with a legal entity without registering a volunteer organization? persons ready to support the project?

Lawyer's answer:
The procedure for the creation and further activities of public organizations is regulated by the Civil Code of the Russian Federation, the Law "On non-profit organizations", the Law "On Public Associations", a number of special laws (for example, the Law "On Social Protection of Disabled Persons"), as well as the Law "On State Registration of Legal Entities and Individual Entrepreneurs". Public organizations are created on the initiative of their founders - at least three individuals individuals. Among the founders along with individuals may include legal entities - public associations, unless otherwise provided by the relevant special law. Members of a public organization, in accordance with its charter, can be individuals and legal entities - public associations, unless otherwise established by legislation on certain types of public associations. The founders of a public organization acquire membership in it automatically. Members of a public organization do not have ownership rights to a share of property owned by a public organization and are not liable for its obligations, just as a public organization is not liable for the obligations of its members. Total number Membership of a public organization is not legally limited. Constituent document of a public organization is the Charter.

Georgy Ubegailov

I want to create a non-profit organization, how do I find out which one? org-legal form more suitable, are there so many of them?

Lawyer's answer:
Public and religious organizations (associations) A common feature public and religious organizations (associations) is the purpose of their creation - they are created to satisfy spiritual or other non-material needs. Another sign is the commonality of interests of the uniting citizens. Consumer cooperatives. A consumer cooperative is recognized as a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of the participants, carried out by combining property assets of its members share contributions. Unlike other forms of non-profit organizations, income from entrepreneurial activity cooperative are distributed among its members. Foundations The characteristics of a foundation as a non-profit organization are: lack of membership, property base created through voluntary property contributions. The foundation is a kind of non-profit “bank”, where funds are first accumulated through donations, and then distributed for the statutory purposes of the foundation - social, cultural, educational and other public useful purposes. The Foundation is required to publish annual reports on the use of its assets. Institutions An institution is an organization created by the owner to carry out managerial, socio-cultural and other functions of a non-profit nature and financed partially or fully by this owner. In this case, the property is assigned to the institution by right operational management, not property. If the institution's funds are insufficient, the owner bears subsidiary liability for its obligations. Non-Profit Partnerships A non-profit partnership is a membership-based non-profit organization established by citizens and/or legal entities to assist its members in carrying out activities aimed at achieving socially beneficial goals. Distinctive feature non-profit partnership is the right of its members to a part of the property in the event of liquidation of the partnership or withdrawal from it. A non-profit partnership is convenient as an association of people of liberal professions (lawyers, doctors, writers, etc.) Autonomous non-profit organizations An autonomous non-profit organization is a non-profit organization that does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions for the purpose of providing services in the field of education, health care, culture, science, law, physical culture, etc. The property transferred by the founders of the organization belongs to it by right of ownership. This form of non-profit organizations is most convenient for activities in the service sector. Associations of legal entities (associations and unions) Commercial and non-profit organizations can voluntarily unite into associations (unions) in order to coordinate their activities, as well as represent and protect common property interests. Members of the association (union) retain their independence and rights as a legal entity. State Corporation New form non-profit organizations, introduced by Federal Law No. 140-FZ of July 8, 1999. A state corporation is recognized as a non-profit organization that does not have membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. It is created on the basis of a law that establishes the specifics of its legal status. Which shape suits you?

Denis Lesnoy

System of environmental rights of organizations in the Russian Federation

Lawyer's answer:
Citizens of the Russian Federation can exercise environmental rights and responsibilities both individually and through participation in public environmental associations. I would like to dwell a little on public associations. A public association is a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to realize common goals specified in the charter of the public association. The goals of creating public environmental associations include protecting the health of citizens, protecting their rights and legitimate interests, resolving disputes and conflicts in the implementation of environmental activities, preparing the population to overcome the consequences natural Disasters, industrial accidents and catastrophes, providing assistance to victims of such disasters and accidents, protecting animals, protecting and properly maintaining specially protected natural objects and territories and others]. Public environmental associations can carry out their activities as a legal entity from the moment of state registration in established by law ok. State registration of public associations is carried out by justice authorities. Both founders and members of public environmental associations can be individuals and legal entities who have equal rights and obligations. Public organizations have been granted a number of powers to carry out their functions in the field of environmental protection natural environment. According to Art. 12 of the Federal Law of January 10, 2002. No. 7-FZ “On Environmental Protection” they have the right to: - develop and promote their environmental programs, protect the environmental rights and interests of the population, develop the environmental culture of the population, and involve citizens on a voluntary basis in active environmental activities; - at the expense of its own funds and the voluntary participation of the population, carry out work to protect and reproduce the natural environment, assist government agencies in the fight against environmental violations; - recommend their representatives to participate in the state environmental assessment, conduct a public environmental assessment; - demand, in an administrative or judicial manner, the cancellation of decisions on the placement, construction, operation of environmentally harmful facilities and the restriction, suspension, termination or repurposing of their activities; - require the provision of timely, reliable and complete information on environmental pollution and measures to protect it; - organize meetings, rallies, processions, demonstrations, collect signatures, enter with proposals to discuss projects, referendums on environmental protection; - raise the issue of bringing guilty officials to justice, bring claims in court for compensation for damage to the health and property of citizens caused by environmental violations. The state guarantees environmental and other public associations performing environmental functions and citizens the opportunity to exercise their rights in the field of protection environment in accordance with the legislation of the Russian Federation. Government bodies, their officials are obliged to provide all possible assistance to public associations and citizens in the implementation of their environmental rights and responsibilities, to accept necessary measures to implement their proposals and requirements in organizing environmental activities.

Elena Kolesnikova

how to register a public organization???

How to register Public organization? Registration and activities Public organizations settled by the following regulations: - Civil Code of the Russian Federation, - Federal by law dated January 12, 1996, 7-FZ O...

Marina Dmitrieva

Practical situation.. The registration authority (Ministry of Justice) received the charter of a social movement for registration. Section 3 of the Charter regulated the procedure for acquiring and losing membership in this public association. In particular, clause 3.12 read: “Withdrawal from the membership of the association is possible only after payment of the severance fee, the amount of which is determined by the board.” What is a social movement? What legislative act regulates the legal status social movements? Can a social movement have a fixed membership? Will this social movement be registered?

Lawyer's answer: Sources of formation of the property of a public association 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 business activities of a public association; civil transactions; foreign economic activity public association; other income not prohibited by law. 5).Article 21. State registration of public associations ...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, name, patronymic, place of residence and contact 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 on the creation of a public association, on the approval of its charter and on 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 of intellectual property or copyright, as well as full name another legal entity as part own name- documents confirming the authority to use them... Well, etc.
- Lawyer's answer:
  What do you mean by social movement? Pratiya? association? union? non-profit organization? public association? If you are talking about a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the social movement, then from the age of 18. Article 19. Requirements for founders, members and participants of public associations Founders, members and participants of public associations may 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 public associations.
- Lawyer's answer:
  Compulsory social insurance - part state system social protection population, the specificity of which is insurance of working citizens, carried out in accordance with federal law, against possible changes in their financial and (or) social situation, including due to circumstances beyond their control. Social insurance is a special system of protecting working citizens and their dependent family members from loss of labor income upon the onset of incapacity due to old age, disability, illness, unemployment, maternity, or death of the breadwinner. Compulsory social insurance in Russia consists of 4 parts: Compulsory insurance in case of temporary disability (illness) or maternity; Compulsory insurance against industrial accidents and occupational diseases; Compulsory health insurance; Mandatory pension insurance. The billing period is a calendar year. Reporting period - first quarter, half year, nine months of the calendar year, calendar year. More details http://www.snezhana.ru/payments/
- Lawyer's answer:
  Autonomous non-profit organization. Its founders have no advantages - they are on an equal footing with other participants. The highest governing body is the collegium. The founders of the ANO independently determine the form and procedure for forming a collegial supreme governing body. Collegial supreme body management of the ANO is the general meeting of founders or another collegial body (Board, Council and other forms, which may include founders, representatives of the founders, director of the ANO). The fund is not based on membership - its participants are not obliged to take part in the activities of the fund, do not participate in the management and are not responsible for the activities of the fund. Unlike a number of other non-profit organizations, the foundation does not have the right to participate in limited partnerships as a contributor. The founders, members and participants of public funds cannot be government bodies and bodies local government. The fund's board of trustees supervises the activities of the fund, the adoption of decisions by other bodies of the fund and ensuring their execution, the use of the fund's funds, and the fund's compliance with the law. The fund's board of trustees may apply to the court to liquidate the fund or make changes to its charter in cases provided for by law. Decisions made board of trustees, are advisory in nature, in contrast to decisions of governing and executive bodies. Amendments to the foundation's charter, as well as its liquidation, are possible only through court proceedings. A public fund is a public association that does not have a membership, the purpose of which is to form property on the basis of voluntary contributions (and other revenues permitted by law) and to use this property for socially beneficial purposes). A public association can be created on the initiative of at least 3 individuals. Also, the founders, along with individuals, may include legal entities - public associations. Public associations can carry out business activities only to achieve the goals for which they were created. Income from business activities is not distributed among members of associations and should be used only to achieve statutory goals.

Eduard Tsyperson

Lawyer's answer:
The task was poorly written. Nothing like this can happen in life. In life everything is much worse. Answer: The regional prosecutor must prepare a claim in court (a resolution to send the materials of the case of an administrative offense to the court) in the claim indicate violations of Art. 8.14. Code of Administrative Offenses of the Russian Federation, Part 2 or Art. 6.5 of the Code of Administrative Offenses of the Russian Federation to suspend the activities of an enterprise for a period of up to 90 days or impose an administrative fine - the decision is made by a judge. (Article 8.14 1. Violation of water use rules during water intake, without water withdrawal and during discharge Wastewater V water bodies - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand five hundred to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand five hundred to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Laws dated 05/09/2005 N 45-FZ, dated 06/22/2007 N 116-FZ) 2. Violation of water use rules during the extraction of minerals, peat, sapropel on water bodies, as well as during the construction and operation of underwater and above-water structures, when carrying out fishing, shipping, laying and operating oil pipelines and other product pipelines, carrying out dredging, blasting and other work, or during the construction or operation of dams, ports and other structures - (as amended by Federal Laws of July 14, 2008 N 118-FZ, dated 03.12.2008 N 250-FZ) entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles. (as amended by Federal Law No. 116-FZ of June 22, 2007) Article 6.5. Violation of sanitary and epidemiological requirements for drinking water, as well as for drinking and domestic water supply - (as amended by Federal Law dated July 14, 2008 N 118-FZ) entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles ; for officials - from two thousand to three thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from two thousand to three thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from twenty thousand to thirty thousand rubles or administrative suspension of activities for a period of up to ninety days.) I don’t know what your teachers want from you, but in the problem statement there is no factual side for each of the above offenses: violation of Art. 8.14 - this is a direct impact on water bodies, which does not follow from the conditions of the problem, since it should have been indicated that the extraction of rock is carried out from the depth of the aquifer, and a violation of Art. 6.5 is not confirmed by the results of laboratory tests, in addition, Rospotrebnadzor in Moscow itself can go to court for a decision to suspend operation in case of violation of Art. 6.5 - he does not need a prosecutor, and Rospotrebnadzor in Moscow does not make “demands to stop work” on legal entities - this is a state control and supervisory body, and not a public organization like “Green Peace”. Sanitary and epidemiological surveillance centers are government agencies who provide the supervisory activities of Rospotrebnadzor in Moscow and do not address legal entities with “exhortations”. The “sanitary and epidemiological supervision bodies” ceased to exist in 2005 with the formation of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor in Moscow). Good luck with your studies!

Vasily Kubysh is a private institution if it is created by one person.

In order to fulfill their direct purpose - to benefit society - non-profit organizations often require funds that exceed voluntary donations and grants. An additional source of funding for NPOs can be the establishment of legal entities that have the right to engage in commercial activities. For example, an NPO may be the founder of an LLC. Art. 24 of Law No. 7-FZ, which regulates the types of activities of NPOs, does not contain a direct ban on the establishment of legal entities, except for exceptions for state-owned enterprises. This means that NPOs (except for budget ones) can act as the founder of an LLC. Budgetary organizations, in turn, have the opportunity to found non-profit companies. The law does not directly prohibit the possibility of establishing an NPO of legal entities if it is not state-owned.

Can a non-profit organization establish an LLC?

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.

Article 117. Public and religious organizations (associations) 1. Public and religious organizations (associations) are voluntary associations of citizens who, in accordance with the procedure established by law, have united on the basis of their common interests to satisfy spiritual or other non-material needs.

Nko - founder of LLC

Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” (hereinafter referred to as Law No. 7-FZ) states that a non-profit organization is an organization that does not have profit as the main goal of its activities and does not distribute the profits received among participants. Taking into account that from the concept of a trade union it follows that the main purpose of the activities of trade unions is activities not related to making a profit, it follows that trade unions are non-profit organizations. Article 1 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations” (hereinafter referred to as Law No. 82-FZ) it is determined that the subject of regulation by the said Law are social relations arising in connection with the exercise by citizens of the right to association, the creation, activity, reorganization and (or) liquidation of public associations. In accordance with Art.

Article 15. founders of a non-profit organization

According to the Civil Code of the Russian Federation, non-profit organizations can carry out entrepreneurial activities only insofar as it serves to achieve the goals for which they were created and corresponds to these goals. In accordance with clause 1 and clause 3.1 of Art. 24 of the Federal Law “On Non-Profit Organizations”, the legislation of the Russian Federation may establish restrictions on business activities or other types of activities that non-profit organizations have the right to engage in individual species.

Special laws on non-profit organizations consider the participation of non-profit organizations in business entities (in our case, LLCs) as entrepreneurial activity and allow such participation (activity) if it is aimed at achieving the statutory goals of a non-profit organization, including a public association (see, for example, paragraph 2 of Article 37 of the Federal Law “On Public Associations”, paragraph 2 of Art.

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Civil Code of the Russian Federation, non-profit organizations can carry out entrepreneurial activities only insofar as it serves to achieve the goals for which they were created and corresponds to these goals, that is, they have special legal capacity. Thus, paragraph 1 of Art. 24 of Law No. 7-FZ determines that the legislation of the Russian Federation may establish restrictions on the types of activities that non-profit organizations of certain types have the right to engage in. At the same time, paragraph 2 of Art. 24 of Law No. 7-FZ establishes that entrepreneurial activity includes participation in business companies and participation in limited partnerships as an investor. Moreover, according to Part 2 of Art.

Can a public organization be the founder of an LLC?

Attention

This situation, when a non-profit organization is the founder of an LLC, is acceptable provided that the profit received from the LLC is used for the statutory purposes of the NPO itself. The possibility of opening an LLC must also be registered in the charter of the non-profit organization.

Important

An agreement may be concluded between an NPO and an LLC trust management property (if the LLC assumes responsibilities management company). Thus, an independent non-profit organization providing services in the field of sports may be the sole founder of an LLC engaged in trade, production of goods or provision of services.

It is necessary to take into account that some types of services - for example, medical, auditing - require a license. Profits received from the activities of the LLC should be spent on the purposes of the non-profit organization, and not distributed among its participants. Accounting and taxation are carried out separately.

Can an LLC be the founder of a public organization? Can an LLC be the founder of a public organization? veryaskina uliya User Posts: 36 Re: Can an LLC be the founder of a public organization? Look at the law “On 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 , its governing and control and audit bodies are being formed.

The founders of a public association - individuals and legal entities - have equal rights and bear equal responsibilities. korolek Local Posts: 348 Re: Can an LLC be the founder of a public organization? veryaskina uliya, no. according to Article 6.
It should be taken into account that the list of organizations named in the said norm is open in nature and allows, in our opinion, its broad interpretation; therefore, we can conclude that trade unions have the right to own shares in the authorized capital of limited liability companies that are not banks, then is to act as their participants. Thus, trade unions can be founders of limited liability companies only if these companies are banks. In all other cases, trade unions can only be participants in limited liability companies. E.A. Basharin Legal company "Unovo" 12.08 .2010 Question: A travel company carries out retail sales of tours to tourists - individuals both in cash and using plastic cards.
Federal Law “On Non-Profit Organizations”). As for trade unions specifically, according to paragraph 7 of Art. 24 of the Federal Law “On Trade Unions”, trade unions have the right to carry out entrepreneurial activities on the basis of federal legislation to achieve the goals provided for by the charter and corresponding to these goals through organizations established by them. In accordance with paragraph 6 of this article, trade unions have the right to establish banks and funds that correspond to the statutory goals of trade unions.
Following the literal meaning of the wording, the norms of paragraph 6 and paragraph 7 of Art. 24 of the Federal Law “On Trade Unions” can be considered as a restriction of the right of trade unions to carry out business activities, including in the form of establishing legal entities of certain organizational and legal forms and carrying out certain types of business activities through them.
Federal Law dated July 17, 2009 N 170-FZ) (clause 1.2 introduced by Federal Law dated January 10, 2006 N 18-FZ) 1.2-1. A person who was previously a leader or a member of the governing body of a public or religious association or other organization, in respect of which, on the grounds provided for by the Federal Law “On Combating Extremist Activities” or the Federal Law of March 6, 2006 N 35-FZ “On Combating Extremist Activities” terrorism”, the court made a decision on liquidation or prohibition of activities that has entered into legal force, cannot be the founder of a non-profit organization for ten years from the date of entry into legal force of the corresponding court decision. (clause 1.2-1 introduced by Federal Law dated December 31, 2014 N 505-FZ) 1.3. The number of founders of a non-profit organization is not limited, unless otherwise established by federal law.

A public organization without registering a legal entity can be created within the framework of current legislation.So, how can a public organization be formed without registering a legal entity?

In Art. 7 of the Law on Public Associations states that public associations can be created in the following organizational and legal forms: organization; movement; fund; institution and others.

Thus, in our case, “organization” is a form of “public association.” For the purposes of this article, we will consider these two terms (organization and association) synonymous.

Advantagesassociations without registration of a legal entity

The creation of a public association will be achieved directly through the association of individuals.
There is no need to go through the procedure of registering a legal entity through the justice authorities.
No need to lead tax reporting, maintain an accountant, etc.
It is possible to contact government authorities in in writing and receive official responses addressed to the public organization.

Examples of the work of a public organization without forming a legal entity

As an example, I can cite the Krasnodar public movement “Union of Shareholders”. This organization was created on the basis of the protocol and the adopted charter. The organization contacted the authorities, received official responses, conducted public life, participated in various events. Thus, the organization achieved its statutory goals, which general view were designated as the protection of the rights of shareholders in the territory of the city of Krasnodar. The organization was created in 2016 during a period when the rights of shareholders in the city of Krasnodar were seriously violated. At the same time, the organization had no relation to the authorities. Moreover, the creation of this organization “provoked” the authorities of the city of Krasnodar to simultaneously create the “Association of Shareholders of Problem Houses.” I don’t know how successful the Krasnodar public movement “Union of Shareholders” is currently operating, but it is an excellent example of the activities of a public organization without forming a legal entity

What do you need to create?

To create a public organization without forming a legal entity, you will need three founders, a protocol and a charter.

You can take any protocol and charter that suits the format of your activity.

The minutes must reflect the decision to create a public organization and its governing bodies (Board, Chairman of the Board or simply Chairman).

Legal basis for activity

The activities of public organizations are regulated by the Federal Law “On Public Organizations”, the Civil Code, and the Federal Law “On Non-Profit Organizations”.

I will give the main provisions of the laws regulating the activities of public organizations without forming a legal entity.

Article 5. Federal Law “On Public Associations”

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

Another article:

Article 18. Federal Law “On Public Associations”

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.

Thus, the law provides that citizens can create public associations, including in the form of public organizations and social movements. At the same time, these organizations acquire the rights of legal entities only after appropriate registration. Lack of registration does not prevent an organization from operating without forming a legal entity.

All-Russian public organization an association operating in the territories of more than half of the constituent entities of the Russian Federation is recognized. Registration of an all-Russian public organization allows citizens of the Russian Federation to unite and jointly achieve their goals, decide general issues. The legal status of public associations gives ample opportunities to solve such problems. Today the state strongly supports public associations. These include tax and other benefits, grants, program financing, etc. Mandatory documents for registering an all-Russian public organization are: minutes of the general meeting (congress, conference) of delegates of regional associations, documents confirming the legal status of regional associations (registration certificates, Charters ).
The activities of the All-Russian public organization in Russia are regulated Civil Code RF, Federal Law “On Non-Profit Organizations” No. 7-FZ of January 12, 1996, Federal Law “On Public Associations” No. 82-FZ of May 19, 1995.

Sample charter of an All-Russian public organization

Distinctive features of All-Russian public organizations:

All-Russian public organizations may use the words “Russia” and “Russian Federation” and phrases formed on their basis in their name without obtaining special permissions;
The legal status of an all-Russian public organization as a legal entity arises only from the moment of its state registration;
Documents are submitted to the Department for Public and Religious Organizations of the Ministry of Justice of the Russian Federation.

List of documents required for registration of an All-Russian public organization:
1. Copies of the founders’ passports (if the founders are individuals).
2. Copies of extracts from the Unified State Register of Legal Entities (for founders - legal entities).
3. A copy of the passport of the future head of the organization.
4. Branch protocols.
5. Information about the address (location) of the organization (letter of guarantee and title document).

The cost of state registration of a non-profit partnership includes:
1. Consultation on the creation and registration of a public organization;
2. Verification of the name upon registration with the Ministry of Justice of the Russian Federation;
3. Preparation of a set of documents for registration of a public organization;
4. Payment of state duty in the amount of 4000 rubles. (paid separately);
5. Registration of a public organization in the Office of the Ministry of Justice of the Russian Federation and registration with the Federal tax service Russia;
6. Assignment of statistics codes (PRINT ROSSTAT INFORMATION LETTER) .

Additional expenses:
1. Notary services (notarization for each applicant is paid separately);
2. State duty (4000 rubles).

FAQ:

In what territory can an all-Russian public organization operate?

An all-Russian public organization must have its branches, organizations, branches and representative offices on the territory of more than half of the constituent entities of the Russian Federation.

Tell us the structure of the all-Russian public organization?

The all-Russian public organization consists of its regional branches. Regional offices may consist of local branches. The highest governing body of an all-Russian public organization is a conference or congress consisting of delegates from regional branches. An all-Russian public organization must have a collegial (governing) body, a personal and control and audit body. Registration of all-Russian public organizations is carried out by the department of the Ministry of Justice of the Russian Federation.

Is permission from the Ministry of Justice required to use the word “Russia” in the name of an all-Russian public organization?

No, not required. According to Article 14 of Federal Law No. 82 “On Public Associations”.

What reporting are required to provide to the Ministry of Justice by all-Russian public organizations?

An all-Russian public association is obliged to annually publish a report on the use of its 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. In addition, an all-Russian public organization is obliged to 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 the information submitted to the tax authorities. It is necessary to publish reports on your activities annually, no later than April 15, on the portal of the Ministry of Justice of the Russian Federation.

What is the symbolism of an all-Russian public organization?

According to Article 24 of Federal Law No. 82 “On Public Associations,” 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 state symbols of the Russian Federation, state symbols of the constituent entities of the Russian Federation, 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 foreign countries, as well as with symbolism 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. It should be noted that any symbols of an all-Russian public organization are subject to registration with the department of the Ministry of Justice of the Russian Federation.

Can an all-Russian public organization without forming a legal entity be the owner of real estate?

No, he can not. By virtue of Federal Law No. 122 “On state registration of rights to real estate and transactions with it.”