Why is there a special registration procedure for public organizations? The procedure for opening a public organization: when registration is needed and when it is possible without it

Basic provisions on public organizations

Founders and charter of a public organization

Rights and obligations of a participant (member) of a public organization

Features of management in a public organization

Concept and basic provisions about public organization

Law No. 99-FZ dated 05.05.2014 introduces in § 6 “Non-profit corporate organizations"The Civil Code of the Russian Federation has a whole section 3 "Public organizations" (Articles 123 8 - 123 11):

Article 123 4. Basic provisions on public organizations

Public organizations voluntary associations of citizens are recognized who have united in the manner prescribed by law on the basis of their common interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law

A public organization is the owner of its property. Its participants (members) do not retain property rights to the property transferred by them to the ownership of the organization, including membership fees.

Participants (members) of a public organization are not liable for the obligations of the organization in which they participate as members, and the organization is not liable for the obligations of its members.

Public organizations may unite into associations (unions) in the manner established by this Code.

A public organization, by decision of its participants (members), can be transformed into an association (union), an autonomous non-profit organization or a foundation.

Commentary on Article 123 4 of the Civil Code

The concept of a public organization previously given in the Law “On Public Associations” has not undergone significant changes.

A public organization is a formation that is characterized by the following features:

voluntariness;

self-government;

non-commercial nature;

created on the initiative of citizens united on the basis of common interests;

created to implement the common goals of the participants, which are also statutory goals (in other words, it has a target orientation of activity).

Voluntariness means the opportunity for citizens, without any obstacles and without taking into account external reasons, without coercion, showing free will, to join a public organization (become its participant). Article 30 of the Constitution of the Russian Federation establishes: “everyone has the right to associate” and “no one can be forced to join or remain in any association.”

Self-control means the autonomous, independent functioning of an organization and the determination of its statutory goals by the free choice of its founders.

Non-commercial character assumes that making a profit is not the main purpose of the activity of a public organization and that the profit received is not distributed among its participants. However, making a profit is in principle permissible. At the same time, entrepreneurial activity may be the main source of financing their activities, however, if the goal of such organizations is not to make a profit, then they will still be non-profit.

A prohibition on the distribution of profits essentially means a restriction of the power to dispose of this profit.

The creation of an organization on the initiative of citizens united on the basis of common interests means the creation by the will of at least three citizens, which is directly and unambiguously expressed. Initiative manifests itself in the form of actions to create an organization in a certain order.

Another significant feature is that any organization is created to realize the common goals of uniting citizens.

The goals are fixed in the charter of the public association. Public organizations can be created to achieve social, charitable, cultural, educational, scientific and management goals, in order to protect the health of citizens, development physical culture and sports, satisfying the spiritual and other non-material needs of citizens, protecting the rights and legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits.

The founders of a public organization can now only be individuals.

Founders and charter of a public organization

Law No. 99-FZ dated 05.05.2014 introduces an article on the requirements for founders and the content of the charter of public organizations:

Article 123 5. Founders and charter of a public organization

The number of founders of a public organization cannot be less than three.

The charter of a public organization must contain information about its name and location, the subject and purposes of its activities, as well as conditions on the procedure for joining (accepting) a public organization and leaving it, the composition and competence of its bodies and the procedure for making decisions, including on issues on which decisions are made unanimously or by a qualified majority of votes, on the property rights and obligations of a participant (member) of the organization and on the procedure for the distribution of property remaining after the liquidation of the organization.

Commentary on Article 123 5 of the Civil Code

The Civil Code establishes a new minimum number of founders of a public organization - 3 people (which corresponds to the provisions of the Law “On Public Associations”).

The founders of a public organization can be any individuals, not just citizens of the Russian Federation.

Restrictions may be specifically provided for by law. For example, in accordance with Article 2 of Law No. 10-FZ “On trade unions, their rights and guarantees of activity,” individuals who have reached the age of 14 and are engaged in labor (professional) activities have the right to join a trade union. Citizens of the Russian Federation living outside its territory can be members of Russian trade unions. Foreign citizens and stateless persons living on the territory of the Russian Federation may be members of Russian trade unions, with the exception of cases established by federal laws or international treaties of the Russian Federation.

All restrictions on the circle of persons who can be founders, previously established in the Law “On Public Associations,” are lifted.

The article establishes General requirements to the contents of the only constituent document of a public organization - the charter.

A legal entity has its own name, which contains an indication of its organizational and legal form.

The name of a public organization must indicate the nature of their activities.

Taking into account the special legal capacity of non-profit organizations (Article 49 of the Civil Code) and in accordance with Article 52 of the Civil Code, the charter of a public organization should also determine its location and the procedure for managing its activities legal entity, as well as the subject of activity of a legal entity.

Rights and obligations of a participant (member) of a public organization

Law No. 99-FZ dated 05.05.2014 introduces an article on the rights and obligations of a participant (member) of a public organization:

Article 123 6. Rights and obligations of a participant (member) of a public organization

A participant (member) of a public organization exercises corporate rights provided for in paragraph 1 of Article 65 2 of this Code in the manner established by the organization’s charter. He also has the right, on an equal basis with other participants (members) of the organization, to use the services provided by it free of charge.

A participant (member) of a public organization, along with the responsibilities provided for participants of the corporation by paragraph 4 of Article 65 2 of this Code, also bears the obligation to pay membership and other property fees provided for by its charter.

A participant (member) of a public organization, at his own discretion, has the right to leave the organization in which he participates at any time.

Membership in a public organization is inalienable. The exercise of the rights of a participant (member) of a public organization cannot be transferred to another person.

Commentary on Article 123 6 of the Civil Code

Public organizations are created on the initiative of their founders. The founders “automatically”, i.e. simultaneously from the moment of creation of the organization, they become their members (participants), acquiring the corresponding status.

The basic rights and obligations of participants in a public organization are specified in the article.

Management in a public organization

Law No. 99-FZ dated 05.05.2014 introduces an article on the regulation of management issues in public organizations:

Article 123 7. Features of management in a public organization

Along with the issues specified in paragraph 2 of Article 65 3 of this Code, the exclusive competence of the highest body of a public organization also includes making decisions on the amount and procedure for payment by its participants (members) of membership and other property fees.

In a public organization, a sole executive body is formed (chairman, president, etc.) and permanent collegial executive bodies (council, board, presidium, etc.) can be formed.

By decision of the general meeting of members of a public organization, the powers of its body may be terminated early in cases of gross violation by this body of its duties, a revealed inability to properly conduct business, or in the presence of other serious grounds.

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How to open a non-profit organization step by step

In the past, questions state registration was in charge of a separate service (the Federal Reserve System). But later it was abolished, and the fictions were transferred directly to the Ministry of Justice. As a result, certain changes occurred in the procedure:

registration of organizations;
correction of information previously specified in the constituent documents;
reorganization;
and finally liquidation.

Be that as it may, there is only one question of interest: how to open a non-profit organization? You will need to contact the Ministry of Justice directly. It is this department that is responsible for registering NPOs, both Russian and foreign, if the latter intend to start working in the country.

In each region there are territorial representative offices of the Ministry of Justice, which are in charge of the issues of opening certain organizations. Submission of the package of constituent documents is carried out both personally by the founders and through the Russian Post. In the latter case, the papers are sent by registered mail along with an inventory.

At the same time, there are many specialized commercial organizations in the country that can completely take care of all the necessary troubles for a separate fee, of course. On average, their services in the Russian Federation cost 15 thousand rubles.

What is needed to open

First of all, you should perform the following sequence of actions:

come up with a name;
find a premises whose location will become the legal address;
determine the direction of activity;
record the decision to establish an NPO.

The chosen name of the organization should indicate the nature of its activities. The law prohibits the use of the names of government agencies, both in full and in the form of abbreviations.

The location of the organization is determined by the place of registration. The legal address is entered into the State Register of Legal Entities, which must be located within the territorial entity chosen for work.

There is a fairly wide range of activities. This circumstance allows those establishing NPOs to choose the most suitable form.

The decision to establish an organization is made by the initiators unanimously at general meeting, in the situation if the NPO decided to create several citizens. Then it is necessary to approve the charter and form a board.

Only after all the above preliminary procedures You can start collecting the required documents.

NPO forms

Religious or public organizations. They are associations of citizens holding common views and worldviews. Their task is to satisfy non-material needs.

Charitable foundation. This type organization differs from the above in that membership in it is not carried out. It was established on the initiative of both commercial structures, and individuals. Its activities are based on the collection of voluntary donations aimed at the following purposes:

charitable;
social;
cultural;
educational, etc.

It is also worth mentioning non-commercial partnership. This form of NPO is membership based. It can be established by both citizens and legal entities. The main task is to assist all members of the organization in achieving various goals that are significant for society.

A private institution is an NPO founded by one citizen or legal entity. Its purpose is to carry out the following non-commercial functions:

socio-cultural;
managerial.

It is also worth mentioning the autonomous NPO. An organization of this kind has no membership and is created to provide the following services:

educational;
healthcare;
cultural;
scientific;
legal;
sports, etc.

The Association is an association of both legal entities and individuals designed to protect common interests.

Cossack society. This is another form of civil organization that acts to provide:

protection of rights;
preservation of the traditional way of life;
revival of the Cossack movement;
conducting business activities;
cultural development.

Communities of indigenous small nationalities of the Russian Federation.

A specific form of organization that unites individuals according to the following characteristics:

related;
territorial neighbor.

The purpose of existence is to preserve traditions, culture and crafts.

Each form of association has the right, after registration, to create in other regions:

branch;
separate division.

They, in turn, must also be registered at their location.

Read also: How an individual can open a foreign currency account with Sberbank

Required documents

Submission of papers for registration must be made no later than 3 months after the constituent meeting. The legislation indicates that the following documents are required:

application certified by a notary (form RN0001);
memorandum of association or approved articles of association;
resolution on creation (2 copies);
a document confirming the transfer of state duty;
certificate of location of the NPO.

The application must indicate full names founders, their home addresses and contact phone numbers.

The following are suitable documents containing information about the location of the NPO:

certificate of title to real estate;
lease agreement;
letter of guarantee, etc.

Deadlines for review and submission of documents

As practice shows, consideration takes quite a lot of time. In general, the entire process can be divided into the following stages:

preparation of documents;
transfer to the Ministry of Justice;
registration of NPOs in the state register;
registration with the tax office, Pension Fund, employment service;
obtaining permission to print and its production;
acquiring the status of an NPO in the Federal Tax Service.

As you can understand, the procedure is quite complex and requires careful preparation.

To avoid delays, it is extremely important to comply with all relevant legislation. A professionally compiled package guarantees that opening will take a minimum of time. Registration itself usually takes approximately 30 days.

The fee is 4 thousand rubles. Payment can be made through any commercial or state bank by bank transfer. It is not difficult to find out the details of the local branch of the Ministry of Justice - just visit its official website.

What documents do government agencies issue?

After the issue is resolved positively, the Ministry of Justice forms a corresponding resolution, on the basis of which the tax service enters data about the new legal entity.

After this, the founders will only have to obtain a certificate of registration. From that moment on, the organization is recognized as a legally created entity. Its founder receives a TIN from the Federal Tax Service. Then he will have to take back the statistical codes assigned to the organization. To do this, you will need to provide an application, an extract from the state register of legal entities and a certificate of registration there. Not only the founder himself, but also his representative can contact Rosstat. The latter must have a power of attorney executed by a notary.

Like any legal entity, NPOs, in turn, are required to register with certain extra-budgetary state funds. This is about:

This procedure is mandatory due to the fact that the format of NPO activities involves the use of hired labor. It is important to understand that the above-mentioned organizations receive all the necessary information from tax authorities or the Ministry of Justice. That is, the founders will only have to pick up the registration certificates.

NPOs are not required to open a bank account. But it is worth knowing that its absence in the future can significantly complicate work. The whole point is that mutual settlements between legal entities should be made exclusively in non-cash form.

Only after receiving all the documents mentioned above, a non-profit organization has the right to engage in statutory activities.

Are you engaged in socially useful work and want to make your work professional, join forces with other citizens and create a public organization? We can give you advice on how to save your time and create an NPO without unnecessary hassle.

Social relations of citizens are regulated by current legislation Russian Federation, and in the exercise of the rights of citizens to association, creation, liquidation and (or) reorganization public associations There are certain conditions determined by law. It is difficult to navigate this plethora of legislation without a consultant. But you have already taken the first step - the desire to unite with others to make our lives a little better.

For state registration of public associations, the following documents are required:

1. Charter of a public organization.
2. Minutes of the general meeting of founders.
3. Application for registration, including information about the governing body.
4. Information about the founders and initiators of the creation of the NPO.
5. Regulations on branches (if any).

All specified documents are submitted in 2 copies to the Department of the Ministry of Justice of the Russian Federation for the Tver Region, where the organization is registered.

At the moment in Russia there is the possibility of creating organizations that do not have profit as the main goal of their activities, in the following forms:

1. Public organization.
2. Social movement.
3. Public fund.
4. Public institution.
5. A public initiative body.
6. Non-profit partnership.
7. Establishment.
8. Autonomous non-profit organization.
9. Foundation.
10. Association (union).
11. Religious organization.
12. Homeowners' Association.
13. Consumer society.
14. Union of Consumer Societies.
15. Consumer cooperative.
16. Agricultural cooperative.
17. Union of Agricultural Cooperatives.
18. Trade union.

Member organizations are more democratic and mobile than other non-profit organizations: supreme body management in a member organization is always only the general meeting (conference, congress) of members, other management and control bodies are necessarily accountable to it; any member of the organization can apply to participate in elected bodies; Information about the activities of the organization must be available to all members. The founders of such an organization are no different from newly admitted members: founding members can be expelled from the organization in the same way as others; When voting, the founding members may remain in the minority, and a decision will be made that is not in the interests of the founders. The law prohibits giving founding members more rights than other members of the organization. In order to protect the interests of the founders, to prevent decisions that lead to changes in the organization's policy, but also, on the other hand, not to artificially limit the influx of new members, many member organizations establish a “probationary period” for future members. In the presence of such a procedure, any person wishing to become a member of the organization first becomes a candidate member (associate member) for a predetermined period, and only then, provided there are no claims against the candidate, is he accepted as a member (full member). During the period of candidacy, a future member of the organization takes part in all meetings, events, pays dues and performs other duties, but the range of rights of a candidate is usually much narrower than that of a member of the organization, and most importantly, he may not have the right to vote when making decisions at general meetings or cannot be elected to governing bodies.

The legal status of the non-profit organizations in question in the Russian Federation is regulated by:

“Everyone has the right to association, including the right to create trade unions to protect their interests. Freedom of activity of public associations is guaranteed.

No one can be forced to join or remain in any association.”

Article 117. Public and religious organizations (associations);

Article 118. Funds;

Article 119. Changes in the charter and liquidation of the fund;

Article 120. Institutions.

It is very important to know the procedure and rules for registering public associations, which is regulated by:

The Ministry of Justice of the Russian Federation, being a federal executive body conducting public policy and carrying out management in the field of justice, as well as coordinating the activities in this area of other federal executive bodies, in accordance with the tasks assigned to it, among a number of basic functions, carries out state registration of all-Russian and international public associations, branches of foreign non-governmental associations, as well as legal entities in cases, provided for by law RF.

The liquidation of public associations by the Supreme Court of the Russian Federation is carried out on the basis of Art.

29 and 52 of the Federal Law “On Public Associations”. This means that associations are liquidated not only because they have not passed state re-registration in fixed time(Article 52 of the Federal Law), but also as not fulfilling the requirements of Art. 29 of the Law on the annual submission to the registration body of information on the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the managers in the amount of information included in the unified state register of legal entities. Part 2 Art. 29 of the said Federal Law indicates that failure to provide updated information for inclusion in the unified state register within 3 years entails the body that registered the association filing a lawsuit with a claim to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register of legal entities.

We hope that the information we provide will help you start your business. If you write to us about your experience, we will be happy to post this information about ourselves on the website.

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.

The opening of a public organization (NPO) is carried out to satisfy the non-material needs of citizens: for example, for the development of science, sports, providing charity and assistance to those in need, for protecting rights and resolving conflicts, as well as for political or religious activities. By registering such an organization, you will be able to receive support from the state, and this also gives it the right to reputation - after registration, no one will be able to use the name of your organization, the main idea and association will be fully respected by the law.

Registration of a non-profit public organization

A public association can also engage in commercial activities, but on the condition that they must direct funds to the needs of the community, and at the same time they should always be ready to document their expenses. Sometimes NPOs are opened in order to help parallel an existing commercial organization.

In order to obtain state registration of a public organization, it is important to take several steps:

Select one or more founders of the company. This may be a legal entity, a capable citizen of the Russian Federation, or a foreigner.
Next, finally decide what type of activity you will have. The Charter should indicate in detail all its types and types. This information should also be submitted to the Unified State Register of Legal Entities (USRLE).
Come up with a name for your organization. According to the rules, it must be in Russian, and it must be clear what the company does.
Provide address. If the organization rents premises, provide a rental agreement. If it is owned by a company, you must bring a document confirming this.
Prepare documents and pay state fees. They need to be submitted to the Ministry of Justice (Ministry of Justice) - come there in person or register on the State Services portal and complete all the necessary actions online.
Receive a certificate of registration. It will contain three points: the name of the organization, its address and individual code.

The registration period for a public organization usually takes about 30 days: the Ministry of Justice reviews your application for two weeks, and, if a positive decision is made, sends the documents to the Federal Tax Service (Federal Tax Service). tax service), there, within 5 days, the NPO is entered into the register, the Ministry of Justice is notified and the package is sent back to them, after which a certificate is issued within three days.

Documents for registration of a public organization

The Ministry of Justice needs to prepare:

Application (in two copies).
Future charter of the organization or constituent documents (in triplicate).
Protocol. It must state the decision to create a community, as well as approval of the association, and indicate information about the designated authorities (in duplicate).
A document confirming payment of the state duty (original and copy), information about the founders (in two copies).
A document confirming the address of the office or any other premises through which communication with the association’s bodies will be carried out (this could be a lease agreement or a certificate of ownership).
A document confirming the right to use the name and symbols (if any).
If one of the founders is foreign person, there must be a certificate confirming his legal status issued in his country. Also, in this case, you will need to write another application for inclusion of the NPO in the register of organizations performing the functions of a foreign agent.

Registration of a regional public organization is carried out in the same way as in the case of federation-level associations. Lasts up to 1 month, the amount of state duty is 4 thousand rubles.

Refusal to open a public organization

Sometimes they may refuse to open and register an NPO. It is useful to know in advance which factors will make it difficult to register, so that you can avoid them from the very beginning.

Here are some of the most common reasons why an organization may not be approved:

You have not provided all the required documents.
The founder does not have the right to hold this position (according to the laws of the Russian Federation).
The information that was provided turned out to be false.
A similar company name already exists.
The title is offensive or hurts the feelings of others.
The documents were submitted to the wrong department of the Ministry of Justice.

If the refusal was dictated by something from this list or due to some other points that can be changed, do so and resubmit the documents. If the refusal seems unfair and unreasonable to you, you can file an application with the court.

Creation of a public association without registration

It is possible for a public organization to exist without registration. It differs from an ordinary NPO in that it is not subject to all state regulations (for example, the right to symbols and name), but representatives of such an association do not need to spend a lot of money and time to register the organization. There is also no need to take additional care of accounting and tax reporting.

To create an NPO without registration you need:

First, you should choose the organizational and legal form of the association.
Next, decide on the name of the organization and its goals.
The next step is to develop a charter (a sample can be found on the government website).
And the last thing is to convene a general meeting at which to approve the charter and the creation of the association.

To open a public association in this case, it is necessary for more than 3 people to gather (they may not be legal entities) and make a decision that they want to create a certain association based on common interests. At such a meeting, minutes should be drawn up, as well as bylaws.

Registration of a public organization in Russia is carried out in accordance with established rules Federal Law of the Russian Federation dated May 19, 1995 No. 82-FZ “On Public Associations” and Federal Law of the Russian Federation dated August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. According to the law, in order to formalize a public association in the structures of the executive branch, expressions of will of at least three individual founders and relevant documents are required. In this case, the registration of such a company is carried out after the founders have decided to create a legal entity in a general vote, approved the charter and formed the management. We will look at the procedure for registering a public organization in more detail in the article.

Where to go to register a public organization

At the moment, the Ministry of Justice of the Russian Federation is dealing with issues of registration of public organizations. The Ministry of Justice and its regional branches make decisions on the state registration of an association, including issues of its creation, reorganization or liquidation. All changes in the constituent documentation and the inclusion of a certain union in the Unified State Register of Legal Entities (Unified State Register of Legal Entities) are made by the Ministry of Justice.

Registration of a non-profit public organization in 2017: step-by-step instructions

The procedure for registering a non-profit public organization (NPO) in Russia includes a number of steps:

It is necessary to select the founders/founder of the NPO. Participants in a non-profit organization can be both citizens of the Russian Federation and legal entities, as well as foreigners.
You need to decide on the type of activity. It must comply with the objectives of creating an NPO as set out in the Charter. It must indicate all types of planned activities. Data on the type of activity of each type of NPO should be provided to the Unified State Register of Legal Entities.
Decide on the name of the association. The name must be in Russian and contain an indication of the type and nature of the NPO’s activities. When you register a company name, you have the exclusive right to use it.

You need to be careful when using the names Russian Federation and Russia. In this case, there are several features, which can be found in the Federal Law “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ.

Indicate your current legal address. If the premises are rented, a lease agreement must be submitted to the Ministry of Justice of the Russian Federation. If the office is owned by the founders, then it must be confirmed with a corresponding extract from the Unified State Register.
Prepare a package of documents.
Pay the state fee for registering an NPO in accordance with Art. 333.33 Tax Code of the Russian Federation.
Provide a set of documents to the Ministry of Justice. Documentation must be submitted no later than 3 months from the date of the decision to open an NPO. You can submit documents through the State Services web portal, where all the necessary forms are available.
Obtain a certificate of registration of the association. If the decision is positive, the Ministry of Justice issues a document that guarantees that the NPO has completed registration successfully. It indicates the name, legal address and individual code of the company.

The procedure for registering an all-Russian, regional or international public organization may have some peculiarities both in terms of timing and successful completion of documentation, so it is recommended to first consult with an experienced lawyer.

Registration period for a public organization

The time frame for registering this company with the Ministry of Justice is no more than 30 working days. If all the documentation is in order and there are no reasons for refusing registration, the Ministry of Justice of the Russian Federation or its regional office makes a final decision no later than 2 weeks from the date of receipt of the package of documents.

Then the papers are sent to the Federal Tax Service (FTS RF) to enter information into the Unified State Register of Legal Entities. Based on the information received, within five working days, data on the new formation is entered into the register, and no later than the next working day, the Federal Tax Service notifies the Ministry of Justice about this. He, in turn, issues the applicant a state registration certificate no later than 3 working days.

Documents for registration of a public organization

First of all, you should prepare a charter, which is approved by the participants and members of this association. To create a union, a constituent agreement and a decision to open from the owner of the company are also required.

The constituent documentation must contain the following information:

name of the institution indicating the type of employment;
purpose of discovery and subsequent activities;
legal address;
management procedure;
information about representative offices and branches of the association;
duties and rights of founders;
information about the conditions of admission and withdrawal from the union;
property sources and usage information;
data on changes in the memorandum of association and charter;
additional legal provisions.

To register a public organization, you must provide the required package of documents to the Ministry of Justice:

application for registration of a public organization (form No. RN0001);
articles of association (if any, constituent agreement);
protocol on the establishment of the company;
receipt of payment of state duty;
confirmation legal address;
a document that certifies its legal status (in the case of a foreign founder);
if intellectual property is used in the name or symbols of the association - confirmation of the right to use it.

Exact information about the required documentation should be clarified with the Authorized Body.

Thus, all the difficulties in registration lie in preparation complete package documentation. The best way out from the situation there will be a gain necessary list documents directly to the registration authorities, and compliance with this list guarantees the successful completion of the procedure.

Our experts from the Pravoved.RU web resource will be able to advise you on the specifics of the legal status of these organizations and the registration procedure. To do this, just call the numbers provided or fill out the feedback form.

In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

All-Russian public association can carry out its activities 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. Currently, the Russian Federation includes 85 constituent entities. Absence required quantity structural divisions is a violation and may lead to the liquidation of the public association. Inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
Interregional public association operates 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. To obtain this status it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have a special structure, which, as a rule, consists of regional and local branches.
Regional public association, the activities of such an association in accordance with its statutory goals are carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the name of the organization suggests, operates in Moscow.
Local public association operates within the territory of only one local government body. For example, the Losinoostrovskaya Local Public District Organization of Motorists operates on the territory of the intra-city municipality of Losinoostrovskoye in Moscow.

Branches has the right to acquire the rights of a legal entity and also has the right to carry out activities on the basis of its charters, registered in the prescribed manner. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it must have at least three members- representatives of this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) 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 the public association (Article 5).

The law in question applies to all public associations, with the exception of religious organizations, as well as commercial organizations and non-profit unions (associations) created by them (Part 1, Article 2). In relation to this legal norm, one can ask questions about the appropriateness or inappropriateness of these exceptions, but the first problem that arises in connection with the implementation of this law is, in our opinion, that the law, without any significant exceptions, applies to the activities of all created public associations on the territory of the Russian Federation of their structural divisions: organizations, branches, branches, and representative offices, including representative offices of foreign non-profit non-governmental associations (Part 2 of Article 2).”

The essence of the problem is that a public association, having gone through all the bureaucratic obstacles and obstacles of its creation at the federal level, in fact must go through all these bureaucratic procedures and quibbles also at the regional level in each subject of the federation when creating either a regional organization or a branch there , either a branch or a representative office. The law does not specify or differentiate all these forms of internal divisions of a public association. The law only specifies that the registration procedure for all these divisions in the regions is the same as at the federal level (with minor simplifications, as noted below).

The founders and members of a public association can be individuals (at least three) and legal entities - public associations (other legal entities - government bodies and institutions, enterprises and other commercial organizations - cannot establish public associations). A newly created public association must first of all convene a founding congress (conference) or general meeting, at which a decision should be made on the creation of the association itself and on the registration of its charter, and the formation of its governing and control and audit bodies. The operative part of the resolution of the congress (conference) should therefore look something like this:

"1. Create a public organization “Society of Wildlife Lovers “Green Planet”;

2. Approve the Charter of the public association “Society of Wildlife Lovers “Green Planet”.

It is wiser to adopt resolutions on the formation of governing and control and audit bodies of a public association separately.

From the moment such decisions are made, the association is considered created (Article 6, 18).

It is necessary to determine the organizational and legal form of a public association taking into account its goals and objectives. When choosing an organizational and legal form, it is necessary to take into account that the current legislation allows the creation of public associations - legal entities only in those forms that are directly provided for by law. To simplify the selection procedure, you need to answer two questions:

1. Will your public association be based on membership, and if so, will legal entities or individuals be members of the association, or both.

2. Who will be the founder of the association.

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

1. Public organization. A public association based on membership, created on the basis of joint activities to protect common interests and achieve statutory goals. Members of the organization can be individuals and legal entities (this provision is indicated in one of the clauses of the charter). The highest governing body is the congress (conference). A permanent governing body is an elected collegial body reporting to the congress (conference). Such a body exercises the rights of a legal entity on behalf of a public organization and performs its duties in accordance with the charter. The owners of the property are public organizations that have the rights of a legal entity. Each individual member does not have ownership rights to a share of this property. Structural divisions (departments) operating on the basis of a single charter of the organization have the right to operationally manage the property assigned to them. In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property is the union (association). Territorial organizations that are part of the union (association) as independent entities are the owners of the property belonging to them.;

2. Social movement. Public association, massive, consisting of participants and without membership, pursuing social, political and other socially beneficial goals supported by participants in the movement. The highest governing body is a congress (conference) or general meeting. A permanent governing body is an elected collegial body reporting to a congress (conference) or general meeting. Such a body exercises the rights of a legal entity on behalf of the social movement and performs its duties in accordance with the charter. On behalf of the social movement, the rights of the owner of property entering the social movement, as well as created and (or) acquired by it at its own expense, are exercised by its permanent governing bodies specified in the charter.;

3. Public fund. A public association that does not have a membership and is engaged in the formation of property on the basis of voluntary contributions, other not prohibited income and its use for socially useful purposes. Such property is not the property of the founder or property manager of such a fund. The governing body is formed by the founders and (or) participants, either by decision of the founders, or by election by participants at a congress (conference) or general meeting. On behalf of the public fund, the rights of the property owner are exercised by its permanent governing bodies specified in the charter;

4. Public institution. A public association that does not have a membership and is engaged in the provision of a specific type of service in accordance with its statutory goals. Management is carried out by persons appointed by the founder(s). A public institution created and financed by the owner (owners) exercises the right of operational management in relation to the property assigned to it. A public institution receives property under the right of operational management from the founder (founders). In relation to such property, a public institution exercises the rights of ownership, use and disposal within the limits established by law, in accordance with its statutory purposes. A public institution does not have the right to alienate or otherwise dispose of the property assigned to it without the written permission of the owner.;

5. A public initiative body. A public association that does not have a membership and is engaged in the joint solution of 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 statutory goals. Such an association is formed on the initiative of citizens interested in solving mentioned problems, and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders. The body of public initiative does not have higher bodies and organizations above it. The subject of property rights in a public initiative body is the public initiative body itself, to which, after its state registration, the rights of a legal entity are assigned.

The specified list of organizational and legal forms is exhaustive and is not subject to broad interpretation. But at the same time, the same article of the law introduces the concepts of political public associations: political organizations, political parties and political movements, organizational - legal forms which the law defines the same social organization (for a political organization, including political party) and social movement (for political movement) (Part 2 Article 7). The question arises: why was such a confusion of concepts established?

Practice answers this question with numerous quibbles of officials at various levels in the sense that various kinds of prohibitions are arbitrarily established on the names of certain associations as a political organization or a political party, or a political movement, and this is justified by the fact that the law provides only for such organizational and legal forms, such as public organizations or social movements. And such quibbles from formal ones very quickly turn into fundamental ones, preventing the registration of such political associations and their structural divisions, in particular at the regional level, for which state registration is mandatory.

The official name of a public association must contain an indication of its organizational and legal form and the territorial scope of its activities.

Depending on the territorial scope of activity, Russian public associations are divided into:

- all-Russian that have their own structural units (organizations, branches, departments and representative offices) and thus carry out their activities in the territories of more than half of the constituent entities of the Russian Federation,

- interregional, having their own divisions and operating in the territories of less than half of the constituent entities of the Russian Federation,

- regional, whose activities are carried out within the territory of one subject of the Russian Federation and

- local operating within the territory of a local government body (Article 14).

An all-Russian public association may, without special permission, use in its name the names “Russia” or “Russian Federation”, or corresponding phrases. The personal name of a citizen may be used in the name of an association only with the written consent of him or his legal representatives. The name should not offend the morality, national and religious feelings of citizens.

The symbols of public associations should not coincide with any state symbols and violate anyone’s intellectual property rights.

Another problem that needs to be thought about before state registration is how the organization’s activities will be described in the charter. Unlike commercial structures, which may have civil rights and bear civil responsibilities necessary to carry out any type of activity not prohibited by law, public associations may have civil rights only corresponding to the goals of the activity provided for in their constituent documents, and bear the responsibilities associated with this activity.

Of utmost importance for registering and other government officials, among other things, is the requirement of the newly introduced Article 12.1. the law that the charter of a political public association should include participation in the political life of society through influence on the formation of the political will of citizens, participation in elections to bodies among the main goals state power and local government bodies through the nomination of candidates and the organization of their election campaign, participation in the organization and activities of these bodies (Part 1 of Article 12.1.). In the absence of such an indication in the charter, a political organization will not be allowed to participate in elections: the election commission will refuse to register candidates for elective positions nominated by this organization, as well as registration of the organization itself (in the case of voting according to lists of electoral associations, blocs and political parties ).

Citizens who want to create a political public association and participate in future elections are at great risk if they dare to in any way change the above wording of the law or exclude something from it.

The problem is that, on the one hand, the law guarantees the right of citizens to create public associations of their own choice without prior permission from state authorities, but, on the other hand, it makes state registration conditional on the acquisition by this association of the right of a legal entity (part. 3.4 art. 3).

In practice, this guarantee means “ clean water» a fiction, since no such public association will be able to function normally without being a legal entity: it will not be able to open its own bank account, will not be able to rent premises, etc. etc., therefore it is forced to seek state registration.

The legal capacity of a public association as a legal entity arises only from the moment of state registration of this association (Part 4 of Article 18).

A political public association is subject to mandatory state registration (Part 2 of Article 21).

State registration of all-Russian and international public associations is carried out by the Ministry of Justice of the Russian Federation, interregional - by the justice body at the location of its permanent governing body, regional and local - by the justice authority of the corresponding subject of the Russian Federation (parts 3, 4, 5 of Article 21) .

From the moment of emergence of legal capacity, state registration as a legal entity, the law directly states that in order to achieve its statutory goals, a public association has the right:

a) freely disseminate information about their activities;

b) participate in the development of decisions of state authorities and local self-government bodies in the manner and extent provided for by current legislation;

c) hold meetings, rallies, demonstrations, processions and pickets;

d) establish funds mass media and carry out publishing activities;

e) 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;

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

g) participate in election campaigns in accordance with federal laws and laws of constituent entities of the Russian Federation on elections;

h) nominate candidates (lists of candidates) during elections to state authorities and local government bodies (in the case of state registration of a public association as a political public association).

Along with the above rights, a public association bears certain responsibilities, including:

a) compliance 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;

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

c) annually inform the body registering public associations 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;

d) submit, at the request of the body registering public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on their activities to the extent of the information submitted to the tax authorities;

e) admit representatives of the body registering public associations to events held by the public association;

f) provide assistance to representatives of the body registering 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.

Failure to fulfill the above obligations gives grounds for the body registering public associations to issue a written warning to the governing bodies of the public association, indicating the specific grounds for such a warning.

General supervision over compliance with laws by public organizations is carried out by the Prosecutor's Office of the Russian Federation. In general, control over compliance by a public association existing standards and standards can be carried out by various government supervision and control bodies (fire departments, environmental departments and others).