Organization without forming a legal entity. Public associations, types, structure, registration. Features of property relations within public organizations
LEGAL SCIENCES
UDC 347.72 BBK 67
ASSOCIATIONS OF PERSONS WITHOUT ESTABLISHING A LEGAL ENTITY
VASILY VASILIEVICH ERIN,
Senior Lecturer, Department of Civil Law and Procedure, Russian University of Economics. G.V. Plekhanov, Kemerovo Institute (branch),
PhD in Law
Scientific specialty 12.00.03 - civil law; business law; family law;
international private law E-mail: [email protected]
Citation index in the NIION electronic library
Annotation. The article analyzes the legal regulation of the creation and operation of certain forms of associations of persons without the formation of a legal entity. Such forms of associations of persons as: a simple partnership agreement, an investment partnership agreement, a consortium, an artel are subjected to a comparative analysis. The possibility of using some historical forms of uniting persons without forming a legal entity is noted as one of the means of legal organization for small and medium-sized businesses in the real sector of the economy.
Key words: association, simple partnership agreement, consortium, artel, pool, production cooperative.
Annotation. Analyzed law regulatory of formation and activity of some forms of unincorporated associations of enterprises and persons. Given a comparative analysis of such forms of associations as: partnership agreement, investment partnership agreement, consortium, work association. The author defines the possibility of using some historical forms of unincorporated associations of enterprises and persons as one of means of legal organization of enterprises of small and medium size of economy real sector.
Keywords: unincorporated association, partnership agreement, consortium, pool, cartel, work association, production cooperative.
At present, taking into account the difficult world economic situation, organizations of medium and small businesses face rather difficult tasks of survival and further development. The need to unite and consolidate joint efforts, the unity of goals and the commonality of tasks make it possible for enterprises to turn their attention to such a form of uniting persons without forming a legal entity, as a partnership. In accordance with Art. 1041 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) under a simple partnership agreement (agreement on joint activities), two or more persons (comrades) undertake to combine their contributions
d and act jointly without forming a legal entity to make a profit or achieve another goal that does not contradict the law. The goals of a simple partnership agreement can be not only profit, but also other goals that do not contradict the law. At the same time, for the implementation of investment activities, i.e. activities on investing the common property of partners in investment objects in order to implement investment, including innovative, projects, the legislator directly provided for the conclusion of an investment partnership agreement. Under an investment partnership agreement, two or more persons (partners)
LEGAL SCIENCES
undertake to combine their contributions and carry out joint investment activities without forming a legal entity in order to make a profit. Participants in an investment partnership agreement can be not only commercial organizations, but also non-commercial organizations that carry out entrepreneurial activities to achieve their goals. At the same time, the legislator clearly indicated that foreign legal entities and foreign organizations that are not legal entities under foreign law participate as a party to an agreement, taking into account the legislation of the Russian Federation and the provisions of international treaties. Accordingly, the number of participants in an investment partnership is strictly limited by the legislator: firstly, the number of participants is not more than 50, and secondly, neither individuals nor public law entities can be parties to an investment partnership agreement.
Thus, from the analysis of the norms of the Civil Code of the Russian Federation and the Federal Law of November 28, 2011 No. EE5-FZ "On Investment Partnership", we can conclude that an investment partnership agreement is a kind of a simple partnership agreement.
In addition to partnerships, there are other forms of association of persons, for example, a consortium. United Nations Economic Commission for Europe in 1973 and 1979 guidelines for drafting contracts for the creation of consortia have been developed and are advisory in nature. The consortium is characterized by the following features:
$ consistency of the goals of the participants in the implementation of the investment project; the temporary nature of the creation, determined by the term of the contract or the achievement of the set goal - the implementation of a specific project;
$ contractual nature of the relationship between the participants and between the consortium and the customer, as well as third parties; lack of legal entity status; preservation of legal independence by participants who are subjects of entrepreneurial activity.
However, earlier some authors (M.I.Makh-lina) raised the objection that giving the consortium the status of a simple partnership is illegal, since they differ greatly among themselves in terms of internal economic ties and structure. However, as noted by I.S. Shitkin, the main goal of creating consortia is the implementation of large-scale projects, programs, order fulfillment, when, for production, financial, technical or other reasons, it is necessary to combine the efforts of several commercial organizations: industrial and (or) credit and financial. If we consider the experience of foreign legislation, in particular in Art. 233 of the Civil Code of the Republic of Kazakhstan (hereinafter - the Civil Code of the Republic of Kazakhstan), the concept of a consortium is defined as a temporary voluntary equal union (association) on the basis of an agreement on joint economic activity, in which legal entities combine certain resources and coordinate efforts to solve specific economic problems. A simple partnership in accordance with the Civil Code of the Republic of Kazakhstan is formed on the basis of an agreement on joint activities and, unlike a consortium, its participants can be citizens or citizens and legal entities.
In addition to consortia, there are other associations of persons in business, for example, the pool and the cartel. The purpose of cartel formation is to obtain profit in the common interests of the participants by eliminating or regulating competition between cartel participants, as well as by suppressing external competition. A pool is understood as a voluntary contractual form of association of entrepreneurs, which is most often common in the service sector: trade, exchange, patent, insurance, transport services, etc.
The above forms of association of persons are typical mainly for big capital, as well as for the implementation of large investment projects. Is it possible to use the contractual form of partnership for use in medium and small businesses. At the moment for the economy
LEGAL SCIENCES
For the Russian Federation, this is more relevant than ever. In accordance with Art. 1041 of the Civil Code of the Russian Federation, participants under a simple partnership agreement can be any person (comrades), including individual entrepreneurs and (or) commercial organizations. To achieve the goals, the comrades undertake to combine their contributions and act together. Contributions can be money, other property, professional and other knowledge, skills and abilities, business reputation and business relations, as well as everything that is contributed to the common cause. The contributed property, as well as the products, fruits and incomes produced in the course of joint activities are recognized as the common shared property of the partners, unless otherwise provided by law or a simple partnership agreement or follows from the essence of the obligation. The profit received, unless otherwise provided by the contract or agreement of the partners, is distributed among the partners in proportion to the value of their contributions. In addition to combining the contribution, one should pay attention to the term that the legislator uses when naming the parties to the agreement, namely the word "comrade". In addition to using this term in the Soviet period as an appeal to a citizen, this word was also used in the pre-revolutionary period in other meanings: 1. as a designation of a person close to someone in terms of views, activities, living conditions, 2. to designate some positions (for example, assistant minister).
If you turn to history, you can find a form close to a simple partnership agreement; this is an artel. Despite the fact that in the Civil Code of the Russian Federation there is a use of this term to designate a production cooperative (Article 106.1 of the Civil Code of the Russian Federation). A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, sale of industrial, agricultural and other products, performance of work, trade, consumer services, provision of other services) based on their personal labor and other participation and unification by its members (participants) of property share contributions.
The "historical" artel and the production cooperative have both similarities and differences. The similarity between them lies, first of all, in the fact that:
The “historical” artel and the production cooperative are associations of persons;
these associations are formed on a voluntary basis;
persons participate as a member;
each of their participants has equal
participants jointly carry out economic activities;
the organization of management is carried out on the basis of self-government and coordination of actions.
The differences between these two forms are as follows:
a production cooperative is a commercial organization, i.e. a legal entity. The "historical" artel was an association of persons on the basis of a written or unwritten contract;
the number of members of the cooperative may not be less than five people. In a "historical" artel, the number of members is not limited, but accordingly at least two are meant; the responsibility of the members of the production cooperative is subsidiary and is determined by the charter of the cooperative. The responsibility of the members of the "historical" artel was determined by the principle of mutual responsibility. The historical experience of the formation and development of the artel was quite extensive and successful, since it was used at many production facilities in various sectors of the economy, in particular, P.M. Rya-bushinsky, S.I. Mamontov and many others.
Taking into account that in the current existing economic realities, in order to overcome the tasks facing the state and society, it is necessary to apply a more flexible legal mechanism to both large and medium and small businesses, this is a brief overview of the existing and existing domestic and
LEGAL SCIENCES
foreign forms of associations of persons makes it possible to widely use and apply these forms at the present time to solve many problems.
Literature
1. The Civil Code of the Russian Federation (part two) of January 26, 1996 No. 14-FZ (as amended on July 21, 2014) // Collected Legislation of the Russian Federation, January 29, 1996, No. 5, Art. 410.
2. Federal Law of November 28, 2011 No. EE5-FZ "On Investment Partnership" (as amended on July 21, 2014) // www.pravo.gov.ru.
3. Civil and commercial law of capitalist states / otv. ed. E.A. Vasiliev. M .: International relations, 1993.S. 360.
4. Makhlina Selected publications. 1992-
1999. M .: LLC "Nestor Academic Publishers",
5. Shitkina I.S. Holdings: legal regulation and corporate governance: scientific and practical edition. M., Walters Kluver, 2006.S. 63.
6. Civil Code of the Republic of Kazakhstan (general part) dated December 27, 1994 No. 269-XII (as amended on November 7, 2014) // www.http: //online.zakon.kz.
7. Legal encyclopedia / ed. M.Yu. Tikhomirov. M., 1998.S. 196.
8. Legal encyclopedia / ed. M.Yu. Tikhomirov. M., 1998.S. 376.
9. Federal Law of May 8, 1996 No. 41-FZ "On Production Cooperatives" // Collected Legislation of the Russian Federation, May 13, 1996, No. 20, Art. 2321.
10. Artel and artel man / otv. Ed. O.A. Platonov. Moscow: Institute of Russian Civilization 2014.S. 17.
11. Novikov I.A. Artel as a socio-cultural phenomenon of pre-revolutionary Russia (to the problem of determining the boundaries of applicability of the term "artel" for the study of the traditions of collective labor in the second half of the XIX - early XX centuries) // Historical Yearbook. 2010 .: Sat. scientific. tr. / Institute of History SB RAS. Novosibirsk: Parallel, 2010.S. 69.
12. Big Encyclopedic Dictionary // www.vedu.ru/bigencdic/63039/.
1. Civil code of the Russian Federation (part second) of 26.01.1996 No. 14-FZ (edition of 21.07.2014) // Collection of the legislation of the Russian Federation, 29.01.1996, No. 5, Art. 410.
2. The federal law of November 28, 2011 No. 335-FZ "About investment association" (an edition of 07.21.2014) //www.pravo.gov.ru.
3. Civil and commercial law of the capitalist states / resp. edition E.A. Vasilyev. M .: International relations, 1993. P. 360.
4. Makhlina Chosen publications. 1992-1999. M .: JSC Nestor Akademik Pablisherz, 2000. P. 50.
5. Shitkina I.S. Holdings: legal regulation and corporate management: scientific and practical edition. M, Volters Kluver, 2006. P. 63.
6. Civil code of the Republic of Kazakhstan (general part) of 27.12.1994 No. 269-XII (edition of 11/07/2014) // www. http: // online. zakon.kz.
7. The legal encyclopedia / under the editorship of M. Yu. Tikhomirov. M, 1998. P. 196.
8. The legal encyclopedia / under the editorship of M. Yu. Tikhomirov. M, 1998. P. 376.
9. The federal law of 05/08/1996 No. 41-FZ "About production cooperatives" // Collection of the legislation of the Russian Federation, 13.05.1996, No. 20, Art. 2321.
10. Artel and collective person / resp. Edition O.A. Platonov. M .: Institute of the Russian civilization 2014. P. 17.
11. Novikov I.A. Artel as a sociocultural phenomenon of pre-revolutionary Russia (to a problem of delimitation of applicability of the term "artel" for research of traditions of collective work of the second half of XIX - the beginning of the XX century) // Historical Year- book. 2010 / Institute of history of the Siberian Branch of the Russian Academy of Science. - Novosibirsk: Parallel. 2010. P. 69.
12. Big Encyclopaedic dictionary // www.vedu.ru/ bigencdic / 63039 /
A public organization is an association based on a voluntary basis, characterized by the presence of a system of self-government, non-commercial purposes of activity, formation on the basis of citizens' initiative.
The objectives of such organizations are to realize the interests that are proclaimed by the Charter of the community, without obtaining commercial benefits. The task of non-profit associations is also to satisfy the spiritual needs of citizens.
The right to form non-profit structures is confirmed by the Constitution of the Russian Federation and is regulated by the norms of civil law.
The main provisions on public organizations are contained in the Civil Code and regulations. A public association can exist only on a voluntary basis, no one can be forced to participate in the activities of such an organization.
According to the organizer's criterion, public organizations are divided into:
- Associations (formed by individuals);
- Associations (formed by legal entities).
Depending on the purpose of the activity, there are the following types of public organizations:
- Political parties.
- Social movements.
- Trade unions.
- Amateur organizations.
- Public self-government on a territorial basis.
These types are included in the list of non-profit organizations whose activities are regulated by the norms of the Civil Code, Federal Laws "On Non-Commercial Organizations", "On Public Associations".
The goals of creating public organizations, their activities
Public organizations act with the aim of realizing a task aimed at satisfying the intangible, spiritual interests of citizens.
Associations are non-profit, therefore, obtaining material benefits is not a primary task, but, according to the norms of legislation, they can still have some monetary profit.
If the material benefit received by a non-profit organization is used to implement the main goal of its activity, it can be used in the provision of legal services, sales of products.
The main goals and objectives of the activities of public organizations are set out in the statutory document of the legal entity - the Charter. The basis for the formation of a public association is the community of interests of the community members.
The main purpose of the activity depends on the type of public organization:
- Protection of the professional interests of representatives of certain specialties;
- Realization of religious and cultural rights of citizens;
- Educational and educational activities;
- Political activity;
- Development of the local self-government system;
- Development of art and handicrafts, literature, music and other areas of art.
Legal basis for the functioning of public organizations
The basis for the functioning of public organizations is the norms of Russian legislation in the field of civil law.
Key points are fixed in the Constitution - the main law of the Russian Federation.
The specifics of the activity are regulated by the laws of the federal level, regulatory legal acts.
State registration of a public association
State registration of public associations is required to start active activities. Registration is required for this association to obtain the rights of a legal entity and to fully carry out activities within the framework of the law.
The Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" states that the decision on the possibility of registration must be made by the federal authorities that have powers in this area.
When such a decision is made, the company is entered into the Unified State Register of Legal Entities. The Federal Tax Service plays an important role in registration, based on the legislation.
According to the law, registration of non-commercial legal entities is carried out according to the general rules for registration of legal entities. Companies whose main purpose is trade union activity are entered into the register by notification; they are an association of trade unions.
Features of property relations within public organizations
This form of existence of legal entities is formed on the condition that members of such a community do not have material (property) rights. The main activity is non-commercial.
These legal entities may have profit from legal activities, but it is not the main goal, but can be used to implement the statutory task.
It should be noted that the income received from the provision of services or the sale of products cannot be distributed among the members of the community.
A legal entity can have property formed from membership fees paid on a voluntary basis. All activities and the procedure for organizing the collection of contributions are regulated by the Charter of the organization.
Association of public organizations into associations (unions)
According to the law, a public organization, by the decision of the community members, can be transformed into a union or association through unification.
The objectives of the activity can be aimed at achieving a socially significant idea, interests and benefits for citizens, not related to obtaining benefits.
Individuals and legal entities can unite in unions.
Based on the decision to merge, after the official procedure and the development of the Charter, a new legal entity is formed.
Transformation of a public organization
According to the decision of the members of the organization, the transformation of the community is possible.
The transformation of a legal entity of this type is possible into the following types of communities:
- Union or association;
- Fund;
- Autonomous non-profit organization.
Reorganization into a public organization in the opposite direction can be carried out only from an association.
Conversion is possible only in the manner prescribed by law.
Question answer
Free online legal advice on all legal issues
Ask a question for free and get an answer from a lawyer within 30 minutes
Ask a lawyer
creation of a public organization
I am the director of an autonomous non-profit organization, also an individual entrepreneur, that is, my own individual entrepreneur. Now I am interested in the issue of registration of a public organization, most likely the creation of an association. How does this need to be formalized?
Sandra 06/16/2019 09:47
Hello! Registration of a public organization in Russia is carried out in accordance with the established rules of the Federal Law of the Russian Federation of 05.19.1995 No. 82-FZ "On Public Associations" and the Federal Law of the Russian Federation of 08.08.2001 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 power, the will of at least three natural persons-founders and the corresponding documents are required. At the same time, the registration of such a company is carried out after the founders at a general vote decided to create a legal entity, approved the charter and formed the leadership. At the moment, the Ministry of Justice of the Russian Federation deals with the issues of registration of public organizations. The Ministry of Justice and its regional branches make decisions on the state registration of the association, including issues of its creation, reorganization or liquidation. All changes in the constituent documents and the inclusion of a certain union in the Unified State Register of Legal Entities. Our experts are ready to help you register a public organization. There is a 50% discount for you using the promo code of the Free Legal Advice Service.
Sazonov Sergey Vladimirovich 17.06.2019 13:20
Ask an additional question
Contact us, we will help you.
21.06.2019 10:30
Ask an additional question
Powers of a group of members of a regional organization in a municipal district
There is a regional public organization. What powers can be assigned to a group of members of this organization in the area? What documents can provide for the activities of this group?
Powers of a group of members of a regional public organization 17.05.2019 19:22
Good afternoon! All powers are spelled out in the constituent documents. According to Art. 14 Federal Law "On Non-Commercial Organizations" of 12.01.1996 N 7-FZ, The constituent documents of non-profit organizations are:
the charter approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budget institution;
the charter or, in cases established by law, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, the regulations approved by the relevant body exercising the functions and powers of the founder for a state institution;
the memorandum of association concluded by their members and the articles of association approved by them for the association or union;
Founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a memorandum of association.
In cases stipulated by law, a non-profit organization may act on the basis of a general regulation on organizations of this type and type.
3. In the constituent documents of a non-profit organization, the name of the non-profit organization must be determined, containing an indication of the nature of its activities and organizational and legal form, the location of the non-profit organization, the procedure for managing the activities, the subject and purpose of the activities, information about branches and representative offices, the rights and obligations of members, conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of the property of a non-profit organization, the procedure for amending the constituent documents of a non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions, provided for by this Federal Law and other federal laws.
In the memorandum of association, the founders undertake to create a non-profit organization, determine the procedure for joint activities to create a non-profit organization, the conditions for transferring their property to it and participation in its activities, the conditions and procedure for the withdrawal of the founders (participants) from its composition.
The charter of the foundation must also contain the name of the foundation, including the word "foundation", information about the purpose of the foundation; instructions on the bodies of the foundation, including the board of trustees, and on the procedure for their formation, on the procedure for appointing officials of the foundation and their release, on the location of the foundation, on the fate of the foundation's property in the event of its liquidation.
The constituent documents of an association (union), a non-commercial partnership must also contain conditions on the composition and competence of their governing bodies, the procedure for making decisions, including on issues on which decisions are taken unanimously or by a qualified majority of votes, and on the procedure for distributing property remaining after liquidation of an association (union), non-commercial partnership.
The charter of a budgetary or public institution must also contain the name of the institution, an indication of the type of institution, information about the owner of its property, an exhaustive list of activities that a budgetary or public institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, competence governing bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies.
The constituent documents of a non-commercial organization may contain other provisions that do not contradict the legislation.
20.06.2019 21:49
Ask an additional question
foreclosure by the bailiff service on property
Can the bailiffs enforce the right of ownership of the property and funds of a member of a public organization transferred to a public organization for the implementation of statutory activities? enforcement proceedings are carried out under a criminal fine by court verdict
Dmitry 05/07/2019 08:57
Good evening! FSSP application https://fssprus.ru/fssp_mobile
Term of execution of a writ of execution by bailiffs
What can the bailiffs in the apartment describe?
In order not to waste time on bailiffs, there is an excellent way to pay off debts, namely: the debtor asks the claimant for bank details and transfers monthly (electronically or replenishes the claimant's card in cash) without fail keeping receipts. THE MAIN IMPORTANT WHEN TRANSLATING OR REPLENISHING - SPECIFY THE NAME OF THE TRANSLATION. FOR EXAMPLE "PAYMENT BY THE RESOLUTION / RULE (name of the court) dated 09.11.2018. This option of settlement with a claimant will create the most comfortable conditions for repayment and settlement of debts. To transfer alimony, open a bank account / accounts for children and transfer to them alimony.
The car is arrested by the bailiffs, what to do
Can the bailiffs describe the property of the parents for the debts of the children?
How much can bailiffs withhold from salary if there are children
Do bailiffs have the right to withdraw money from pension
Do bailiffs have the right to open an apartment without an owner? (Civil Code of the Russian Federation Article 388. Conditions for assignment of a claim, part 2. It is not allowed without the consent of the debtor to assign a claim under an obligation in which the identity of the creditor is essential for the debtor).
Can bailiffs arrest a credit account
Which accounts cannot be arrested by bailiffs
It is necessary to show documents confirming the ownership of the property (checks, receipts). Show documents proving belonging to another person: sales receipts, contracts, gift, electronic receipts, bank statements, acts of inheritance, draw up a simple purchase and sale agreement; in the absence of any documents, it is necessary to ask employees to send inquiries to organizations, where they can confirm the ownership of a particular item of property. This procedure can take a long time, during which the property will be seized; when it is impossible to determine ownership, there is a right to demand the exclusion of property, release from arrest and protection from sale. To do this, you need to send an application of the established form and wait for the start of the case in court. It is important to note that the person sending such a letter can be not only the owner of the thing himself, but also its pledgee or another person interested in this. The list of what will remain in the possession and use of the debtor in any case is approved by the Federal Law No. 229 dated 01.02.2008. The list is as follows: an apartment, house or other dwelling, which is considered the only place of residence (if it is not the subject of a pledge); things for individual use for everyday use in the everyday sense; personal medals, orders and other awards; means of transportation used to earn money, work; materials for heating activities and food preparation; finances equal to the subsistence minimum established in the region.
Any illegal step of the FSSP representative can be appealed within 10 days by the party, in respect of which enforcement proceedings have been opened or by another person whose rights have been violated. The claim is written to the head of the service or immediately in the form of a claim in court. Each case is considered separately, and upon proof of excess of authority, the things will be returned to the applicant.
Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on October 11, 2018, as amended on December 19, 2018) of the Labor Code of the Russian Federation Article 138. Limitation of the amount of deductions from wages. The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases stipulated by federal laws - 50 percent of the wages owed to the employee. According to the Labor Code of the Russian Federation, the amount of wages withheld against debt is calculated in the following proportions: according to the law - 20% of wages; according to federal law or a court decision - 50% of the salary; exceptions to the rule (for example, alimony) - 70%. The most common rate is 50% withholding from wages on credit debt. If the borrower has children, then the amount of deduction is reduced: Having 1-2 children - bailiffs are not entitled to deduct more than 30%; The presence of a child studying at a university not on a budgetary basis - 30%. The death of a spouse and the presence of minor children - 25%. The death of a spouse and the absence of minor children - 50%. According to the law, the court cannot withhold from the following types of profit: 1. Maternity capital and other payments for the maintenance of the child; 2. Compensation for work in hazardous production or in difficult climatic conditions; 3. Compensation for harm to health received in connection with the work of the debtor (paid by insurance companies or employers); 4. Cash payments to the family of the deceased at work; 5. Payments to a citizen caring for a disabled person of group I; 6. Accruals during the period of dismissal of an employee. In accordance with the provisions of clause 12, h. 1, Art. 101 of the Federal Law "On Enforcement Proceedings" dated October 2, 2007 No. 229-FZ for benefits to citizens with children, the accrual of which is made from the federal or regional budget (including off-budget state funds - FSS, PFR and MHIF) cannot to be levied execution on executive documents.
Article 446 of the Civil Procedure Code of the Russian Federation and Article 101 of the Law on Enforcement Proceedings contain information about what property is not subject to seizure: the only housing, if it is not bought on credit and is not mortgaged (when it comes to a private house, then the land on which it is worth it, they also can't be arrested); basic necessities, personal belongings, household appliances in the framework of ensuring normal living conditions; things for the performance of professional duties, the cost of which is not more than 100 times the minimum wage; pets and poultry kept not for profit, as well as the pastures, feed and buildings necessary for them; seed fund for future plantings; firewood, coal and other substances necessary for heating premises during one season; transport belonging to a disabled person and necessary for him to move; badges of honor, medals, orders, etc. belonging to the debtor Knowing which property cannot be seized, it is worth remembering that there is a fairly extensive list of benefits, additional payments, payments protected from collection, including: compensation for damage to health; payment for the loss of a breadwinner, injury or death in the performance of professional duty, victims of disasters; subsidy for the care of a disabled person; federal co-payments for the purchase of drugs, fares, etc .; alimony; travel and depreciation; birth, death benefit (funeral benefit) or on the occasion of marriage; social insurance payments (exceptions - pensions and sick leave); child allowances and capital, state aid to victims of a terrorist attack or the death of a close relative; financial assistance provided by benefactors; compensation for a tourist trip.
Carefully read the documents in the enforcement proceedings. Take pictures of all documents in production. If you disagree with the materials of the proceedings, file a complaint against the bailiff online http://fssprus.ru/form or file a complaint through the office, the chief bailiff of your area against the bailiff, who is obliged to execute the court decision. Print on two sheets, one to the institution, the second to you with a mark (date, signature of the person who accepted the application) the seal of acceptance. If you do not receive an answer within 10 days, complain to the FSSP Office of your region. If you do not receive a response within 10 days, apply to the court at the place of your registration with a statement challenging the actions / omissions of the bailiff.
Attention! Discounts by promo code are no longer relevant
Saibotalov Vadim Vladimirovich 11.05.2019 21:30
Ask an additional question
I agree with my colleague.
Fedorova Lyubov Petrovna 12.05.2019 09:50
Ask an additional question
Educational activities
Good afternoon. Does the public organization have the right to polls and questionnaires among children at school. How to correctly refuse.
Natalia 04/23/2019 11:10
The legislation does not prohibit the conduct of questionnaires among students of educational institutions.
According to paragraph 3 of Art. 28Federal Law of December 29, 2012 N 273-FZ"On education in the Russian Federation"the competence of the educational organization in the established field of activity includes:
1) development and adoption of internal regulations for students, internal labor regulations, and other local regulations;
2) material and technical support of educational activities, equipment of premises in accordance with state and local norms and requirements, including in accordance with federal state educational standards, federal state requirements, educational standards;
3) providing the founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as a report on the results of self-examination;
4) establishment of the staffing table, unless otherwise established by the regulatory legal acts of the Russian Federation;
5) hiring employees, concluding with them and terminating employment contracts, unless otherwise provided by this Federal Law, the distribution of job duties, the creation of conditions and the organization of additional professional education for employees;
6) development and approval of educational programs of an educational organization;
7) development and approval by agreement with the founder of the development program of the educational organization, unless otherwise provided by this Federal Law;
8) admission of students to an educational organization;
9) determination of the list of textbooks in accordance with the approved federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education by organizations carrying out educational activities, as well as teaching aids approved for use in the implementation of these educational programs by such organizations;
10) monitoring the progress and intermediate certification of students, establishing their forms, frequency and procedure;
10.1) encouragement of students in accordance with the types and conditions of incentives established by the educational organization for success in educational, physical culture, sports, public, scientific, scientific and technical, creative, experimental and innovative activities, unless otherwise provided by this Federal Law;
11) individual accounting of the results of the development of educational programs by students and incentives for students, as well as storing in archives information about these results and incentives on paper and (or) electronic media;
12) use and improvement of teaching and education methods, educational technologies, e-learning;
13) conducting self-examination, ensuring the functioning of the internal system for assessing the quality of education;
14) providing in an educational organization with a boarding school, the necessary conditions for the maintenance of students;
15) creation of the necessary conditions for the protection and promotion of health, organization of meals for students and employees of the educational organization;
15.1) organization of social and psychological testing of students for the purpose of early detection of illegal consumption of narcotic drugs and psychotropic substances in the manner prescribed by the federal executive body responsible for the development of state policy and legal regulation in the field of education;
16) creating conditions for students to engage in physical culture and sports;
17) purchase or production of forms of documents on education and (or) on qualifications, medals "For special achievements in learning";
19) assistance to the activities of public associations of students, parents (legal representatives) of underage students, carried out in an educational organization and not prohibited by the legislation of the Russian Federation;
20) organization of scientific and methodological work, including the organization and holding of scientific and methodological conferences, seminars;
21) ensuring the creation and maintenance of the official website of the educational organization on the Internet;
22) other issues in accordance with the legislation of the Russian Federation.
Saibotalov Vadim Vladimirovich 11.06.2019 21:19
Ask an additional question
I agree with my colleague.
Fedorova Lyubov Petrovna 12.06.2019 09:05
Ask an additional question
Public organizations
Hello. I work in the state. Institution. I am a member of a public organization by the nature of my work. The authorities obliged me, in addition to my responsibilities, to fill out certain documentation for this public organization. Due to the heavy workload of the main work, I fill out the documentation slowly. Does my boss have the right to charge me incentive payments that make up the majority of my salary? Thanks.
Evgeniya 04/22/2019 10:29
According to Art. 135 of the Labor Code of the Russian Federation,remuneration systems, including the size of wage rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal normative acts in accordance with labor legislation and other normative legal acts containing labor law norms.
The employer determines the conditions, procedure for payment and withdrawal of incentive charges, as well as their size.
This is possible if it is provided for by the provision on bonuses.
Attention! Discounts by promo code are no longer relevant
Saibotalov Vadim Vladimirovich 14.06.2019 20:10
Ask an additional question
I agree with my colleague.
Fedorova Lyubov Petrovna 15.06.2019 08:50
Ask an additional question
wage
Do managers or founders have to get paid? If so, what is the minimum?
Victor 03/29/2019 12:11 PM
Public organization
Good afternoon. The regional society of beekeepers was created. There are five main founders of the society. The rest of the participants are simply members of this society. Is such a society really public or are we ordinary people just being led by the nose. Victor
Victor 12/08/2018 13:15
Attention! Discounts by promo code are no longer relevant
Dubrovina Svetlana Borisovna 08.12.2018 13:21
Ask an additional question
I agree with my colleague.
Zakharova Elena Alexandrovna 09.12.2018 11:00
Ask an additional question
legal basis for the activities of a public organization
ekaterina 11/20/2018 11:11 PM
Hello! The activities of unions of public associations are regulated by the provisions of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations" and the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations". The subject of regulation of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations" (hereinafter - Law No. 82-FZ) are public relations arising in connection with the exercise by citizens of the right to association, creation, activity, reorganization and (or) liquidation of public associations. Foreign citizens and stateless persons have equal rights with citizens of the Russian Federation in the sphere of relations regulated by Law No. 82-FZ, with the exception of cases established by federal laws or international treaties of the Russian Federation. Law No. 82-FZ applies to all public associations created at the initiative of citizens, with the exception of religious organizations, as well as commercial organizations and non-commercial unions (associations) created by them. In accordance with Article 3 of Law No. 82-FZ, citizens have the right to create public associations of their choice without prior permission from state authorities and local self-government bodies, as well as the right to join such public associations.
Andrey Predtechensky 21.11.2018 10:51
Ask an additional question
I fully agree with my colleague.
Shafir Mikhail Semenovich 22.11.2018 16:22
Ask an additional question
Also the following articles will be useful to you.
The Constitution of the Russian Federation grants citizens the right to unite in organizations of various types to achieve the goals that have arisen between them. One of the types of such organizations is a public organization. The legal concept of "public organization" is enshrined in the Civil Code of the Russian Federation and the Federal Law "On Public Associations". If you do not go into the literal reading of this concept in the specified normative acts, then in simple language, understandable for all citizens, a public organization can be defined as a non-profit association organized on the voluntary initiative of citizens on the principle of self-government to realize common desires and goals related to non-material needs. In other words, any person, having acquired at least two more like-minded people, can organize a public organization according to their interests.
The legislation of the Russian Federation allows the existence of public organizations without state registration, therefore, in this case, such an organization will not be a legal entity and will not be able to carry out economic activities independently and legally. To create a public organization without forming a legal entity, you just need to hold a meeting of founders, at which a decision will be made on the formation of such a public organization. From the moment such a decision is made, the public organization is legally existing. However, if later, after some time, the founders nevertheless decide to give their organization a legal status, then the documents for state registration of such an organization must be submitted to the territorial bodies of the Ministry of Justice of the Russian Federation no later than the expiration of 3 months from the date of such a decision.
Territorial sphere of activity of a public organization
If the founders made a decision on state registration of a public organization, then for a start, even before submitting documents to the territorial bodies of the Ministry of Justice of the Russian Federation, the founders should decide on the territorial scope of their organization, since this moment should be reflected in the name of the organization.
According to the territorial sphere, public organizations are subdivided into local, regional, interregional, all-Russian and international.
Local Community Organization (LOO) is formed for the implementation of its activities on the territory of one local government body.
Regional public organization (ROO) conducts its activities exclusively on the territory of any one constituent entity of the Russian Federation.
Interregional Public Organization (IOO) conducts its activities on the territory of several constituent entities of the Russian Federation. Territorial subdivisions (branches, representative offices or divisions) should be created in the subjects of the activity of a public organization. In an interregional public organization, territorial subdivisions cannot be created in an amount covering more than half of the constituent entities of the Russian Federation.
All-Russian public organization (LLC) in its activity it covers more than half of the subjects of our country, for which territorial subdivisions of this organization must be created in the subjects of activity.
For education international public organization it is necessary to form at least one territorial subdivision of the organization outside the Russian Federation.
The procedure for registering a public organization
A registered public organization goes through several stages:
Adoption by the founders at the constituent congress of a unanimous decision on the state registration of their organization;
Submission to the territorial body of the Ministry of Justice of the Russian Federation of the necessary package of documentation for state registration of a public organization;
Adoption by the territorial body of the Ministry of Justice of a decision on state registration of a public organization and sending this decision with a set of documents submitted by the applicant to the UFNS to reflect in the state register information on the state registration of a public organization and the assignment of OGRN to it;
Direct entry by the FMS body of information about a registered public organization in the Unified State Register of Legal Entities and the assigned OGRN number, and sending the relevant confirming certificates to the territorial body of the Ministry of Justice;
Registration by the territorial body of the Ministry of Justice of a certificate with the assigned registration numbers of a public organization, and the issuance of a set of documents confirming state registration to the applicant (founder) or his representative by power of attorney.
Cost and terms of registration of public organizations
Documents required for drawing up a set of documents for registration of a public organization
To prepare a complete set of documents for state registration of a public organization, lawyers will need the following information and documentation:
The proposed name of the public organization and the territorial scope of its activities;
The subject and objectives of the activity of the registered public organization, including codes of activity according to OKVED;
Documents to the address of the location of the registered public organization (a copy of the certificate of ownership of the premises provided from the owner of the premises and a letter of guarantee from him in the original);
Necessary information about the founders of the public organization: a copy of the spread of the passport with a photo of the citizen and a copy of the spread of his passport with a mark on the place of residence, as well as his personal TIN number;
Information about the structure of the registered public organization, as well as the quantitative and personal composition of each management and control body of the organization;
Information about the founder who will act as an applicant for state registration of a public organization;
When registering an interregional, all-Russian or international public organization, you will also need information about the divisions created in the structure of the organization, their location, the structure of the division, the quantitative and personal composition of the management and control of the division;
Other information or documentation may be required.
A public organization without registering a legal entity can be created within the framework of the 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; traffic; 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) as synonyms.
Advantagesassociations without registration of a legal entity
- The creation of a public association will be achieved directly by uniting individuals.
- You do not need to go through the procedure for registering a legal entity through the justice authorities.
- There is no need to keep tax records, keep an accountant, etc.
- There is an opportunity to apply to public authorities in writing and receive official replies to the name of a public organization.
Examples of the work of a public organization without the formation of a legal entity
For 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 replies, led public life, and participated in various events. Thus, the organization achieved its statutory goals, which in general were designated as the protection of the rights of equity holders on the territory of the city of Krasnodar. The organization was created in 2016 at a time when the rights of equity holders in the city of Krasnodar were seriously violated. At the same time, the organization had nothing to do with the authorities. Moreover, the creation of this organization "provoked" the authorities of the city of Krasnodar to create in parallel the "Association of Shareholders of Distressed Houses". I do not know how successful the Krasnodar public movement "Union of Shareholders" is operating at the present time, but it is an excellent example of the activities of a public organization without the formation of a legal entity
What do you need to create?
To create a public organization without forming a legal entity, you 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, about management bodies (Management Board, Chairman of the Management Board, or simply the Chairman).
Legal basis of activity
The activities of public organizations are regulated by the Federal Law “On Public Organizations”, the Civil Code, and the Federal Law “On Non-Commercial Organizations”.
Here are the main provisions of the laws governing the activities of public organizations without the formation of 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 a community of interests for the implementation of common goals specified in the charter of a public association. persons - 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 respective 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 auditing bodies are made at a congress (conference) or general meeting. From the moment these decisions are made, 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 obligations 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 public movements. At the same time, these organizations acquire the rights of legal entities only after appropriate registration. The lack of registration does not prevent an organization from operating without forming a legal entity.
Reading 3 min.
The need arose to create a public organization to streamline activities. The Federal Law “On Public Associations” states that it is possible to create public organizations without forming a legal entity. However, the procedure is not entirely clear. If state registration is required when creating an organization with a legal entity, then is it not required without the formation of a legal entity? If it is not required, then you just need to write the Charter (do you need to certify it where and how to make sure that it is drawn up according to all the standards correctly?) And convene a general meeting with minutes? Please explain the procedure.
Lawyers' answers
Hello Ruslan Tabolin.
Yes, without the formation of a legal entity of the state. registration is not required, but such an association does not have the rights of a legal entity either.
Public associations are created on the initiative of their founders - at least three individuals. 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 auditing bodies are made at a congress (conference) or general meeting. From the moment these decisions are made, a 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 obligations provided for by the Federal Law “On Public Associations.” (Article 18 of the Federal Law “On General ..”)
You write the charter, at the general meeting you approve and elect the governing bodies. Yes, with the protocol.
The charter of a public association must provide for:
1) the name, goals of the public association, its organizational and legal form;
2) the structure of the public association, the governing and control and auditing bodies of the public association, the territory within which this association carries out its activities;
3) the conditions and procedure for the acquisition and loss of membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);
4) the competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;
5) the procedure for introducing amendments and additions to the charter of the public association;
6) the sources of the formation of funds and other property of the public association, the rights of the public association and its structural units for property management;
7) the procedure for reorganization and (or) liquidation of a public association.
The charter of a public association may contain a description of the symbols of this association.
The charter may also provide for other provisions related to the activities of a public association that do not contradict the laws.
The legal capacity of a public association as a legal entity arises from the moment of state registration of this association.
Post Views: 556
