2. Implementation of the administrative-legal status of public associations of citizens in relations with the state The administrative-legal status of public associations is realized by them in relations with state and municipal bodies, which in

3. The powers of the state to control and supervise the organization and activities of public associations of citizens. The judicial authorities that register public associations exercise control over the compliance of their activities with the statutory goals. This control is intended

Topic 9. Administrative and legal status of municipal bodies of local self-government 1. The system and legal status of municipal bodies in the constitutional model of local self-government In the Russian Federation, Art. 12 of the Constitution of the Russian Federation, recognizes and

Topic 10. Administrative and legal status of enterprises and socio-cultural institutions 1. The concept and types of enterprise, socio-cultural institution. Administrative and legal status of enterprises and institutions Under the enterprise under current legislation

Topic 11. Service and employees (administrative and legal status) 1. Service as a specific type of social and labor activity. Characteristic features of an employee Each social category of citizens - worker, peasant, pensioner - has its own strictly defined

Topic 11 Composition of the federation in Russia and the constitutional and legal status of the Russian Federation and its constituent entities 11.1. Composition of the Russian Federation and the constitutional basis for its change The Russian Federation consists exclusively of federal subjects; unlike many

Topic 5. ADMINISTRATIVE LEGAL STATUS OF A CITIZEN 5.1. Concept, elements, legal basis and types of administrative and legal status of a citizen. Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms –

Topic 6. ADMINISTRATIVE AND LEGAL STATUS OF FOREIGN CITIZENS AND STATELESS PERSONS 6.1. Administrative and legal status of foreign citizens and stateless persons Foreign citizen is a person who is not a citizen of the Russian Federation and has citizenship

Administrative and legal status of a citizen of the Russian Federation, foreign citizens and stateless persons The administrative and legal status of a citizen of the Russian Federation is the legal status of a citizen in relations with executive authorities, regulated by the norms of state and

Under 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 the goals specified in the charter of the public association.

The right of citizens to associate is enshrined in the Constitution of the Russian Federation and in the Federal Law of April 14, 1995 “On Public Associations.”

Citizens' right to association includes: - the right to create public associations on a voluntary basis to protect common interests and achieve common goals;

The right to join existing public associations or to refrain from joining them, as well as the right to freely leave public associations;

Citizens have the right to create public associations of their choice without prior permission from state authorities and local governments;

Public associations created by citizens can register and acquire rights without state registration and acquisition of rights of a legal entity.

The procedure for creating a public association includes three stages:

1) initiative of the organizers;

2) development of the draft Charter;

3) state registration of the Charter.

Public associations are created on the initiative of at least three individuals.

Articles 17 and 19 of the Law “On Public Associations” establish that state authorities and local self-government bodies cannot be founders, members and participants of public associations, and the interference of state authorities and their officials in the activities of public associations, as well as the interference of public associations in the activities of public authorities and their officials are not permitted.

IN In accordance with current legislation, the following types of public associations can be distinguished:

Political parties;

Mass movements;

Trade unions;

Women's, youth and veterans' organizations;

Organizations of people with disabilities;

Scientific, technical and other voluntary societies;

Creative unions;

Fellowships;

Associations.

According to Art. 7 of the Federal Law “06 public associations”, the latter are created on the basis of organizational and legal forms.

The organizational and legal forms of public associations are: public organization; social movements; public fund; public institutions; public initiative bodies, unions or associations.

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

Members of a public organization, in accordance with its Charter, can be individuals and legal entities - public associations.

Supreme governing body a public organization is a congress, conference or general meeting.

Social movement - this is a mass public association, which consists of participants who do not have membership, and pursues social, political and other socially useful goals.

Supreme governing body a social movement is also a congress, conference or general meeting, and a permanent governing body social movement is an elected collegial body, which is subordinate to the highest governing body.

Public fund is a type of non-profit foundation and is a public association that does not have membership. Its purpose is to form property on the basis of voluntary contributions and other receipts not prohibited by law, and to use this property for socially useful purposes.

Governing body a public fund can be formed by its founders, jointly by founders and participants, by decision in the form of recommendations or personal appointments, or by election by participants, at a congress, conference or general meeting.

Public institution is a public association that does not have a membership, whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association.

Management of a public association and its property is carried out by persons appointed by the founder or founders.

Public initiative body is a public association that does not have membership, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of statutory goals and the implementation of programs of the public initiative body at the place of its creation.

The public initiative body is formed on the initiative of citizens interested in solving these problems, and builds its work on the basis of self-government in accordance with the Charter adopted at the meeting of founders. A public initiative body has no superior bodies or organizations above it. The body of public initiative forms the basis for the formation of local self-government on the basis of the Constitution of the Russian Federation (Article 12).

Unions or associations. Public associations, regardless of their organizational and legal form, have the right to create unions or associations of public associations; these are created on the basis of constituent agreements or charters, which are adopted by unions or associations, forming new public associations.

The principles of creation and activity of public associations are:

1. Public associations, regardless of their organizational and legal forms, are equal before the law.

2. The activities of public associations are based on the principles of voluntariness, equality, self-government and legality.

3. Public associations are free to determine their internal structure, goals, forms and methods of their activities.

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

As noted earlier, interference by public authorities and their officials in the activities of public associations, as well as interference of public associations in the activities of public authorities and their officials, is not permitted. Exceptions are made in cases provided for by law.

The state ensures compliance with the rights and legitimate interests of public associations, provides support for their activities, and legislatively regulates the provision of tax and other benefits to them, as well as advantages.

Issues that affect the interests of public associations are resolved by state authorities and local governments, with the participation of the relevant public associations or in agreement with them.

Employees of the apparatus of public associations who work for hire are subject to the legislation of the Russian Federation on labor and the legislation of the Russian Federation on social insurance.

Supervision of compliance with laws by public associations is carried out by the prosecutor's office of the Russian Federation, and the body registering public associations exercises control over the compliance of their activities with the statutory goals.

This body has the right to request administrative documents from the governing bodies of public associations, and has the right to send its representatives to participate in events held by public associations.

In case of detection of violations of the legislation of the Russian Federation or the commission of actions by public associations that contradict their statutory goals, the registration authority may issue a written warning indicating specific grounds.

A warning issued by the body registering public associations may be appealed by the latter in court.

Financial authorities carry out control over sources of income public associations, the amount of funds they receive and the payment of taxes in accordance with the law.

Supervision and control over the implementation by public associations of existing norms and standards can be carried out by: environmental, fire, epidemiological and other bodies of state supervision and control.

State bodies and local government bodies, as well as their officials, who caused damage to public associations due to violation of laws on public associations, bear responsibility under criminal, civil and administrative legislation.

Like other subjects of administrative law, public associations have rights and bear responsibilities.

To implement the statutory goals, the public association has the right to:

Freely disseminate information about your activities;

Participate in the development of decisions of state authorities and local governments in the manner and extent provided for by law;

Hold meetings, rallies, demonstrations, processions and picketing;

Establish mass media and carry out publishing activities;

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

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

Take initiatives on various issues of public life, make proposals to government bodies;

Participate in election campaigns (in the case of state registration of a public association and if there is a provision in the Charter of this public association on its participation in elections).

In his activities the public association is obliged:

Comply with the legislation of the Russian Federation, generally recognized principles and norms of international law relating to the areas of its activities, as well as the norms provided for by its Charter and other constituent documents;

Annually publish a report on the use of your property or make the said report accessible;

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 that is included in the unified state register of legal entities;

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 its activities in the amount of information that is submitted to the tax authorities;

Allow representatives of the body registering public associations to events held by the public association;

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. It must also be remembered that public associations can carry out business activities only insofar as it serves the achievement of the statutory goals for which they were created, and only those that correspond to these goals.

If a violation of the law is committed by a public association that is not registered with the justice authorities, persons who are members of the governing bodies of these associations bear responsibility.

When public associations, including those not registered with the justice authorities, commit criminally punishable acts, persons included in the governing bodies of these associations, upon proof of their guilt for organizing these acts, may, by a court decision, be held liable as leaders of criminal communities.

Other members and participants of such associations are liable only behind those criminal acts in the preparation or commission of which they participated.

The activities of public associations may be suspended in case of violation of the law by a court decision. Also, by court decision, it can be liquidated.

These rights, duties and responsibilities of public associations are regulated by the provisions of the Federal Law of the Russian Federation of May 19, 1995 “On Public Associations”.

A citizen as a subject of administrative law is a participant in public relations, acting as a bearer of specific rights and responsibilities contained in regulations, with which he is endowed to realize his vital needs, participate in the management of the affairs of society and the state.

The rights and obligations of a citizen in their totality form his legal status. The administrative and legal status of a citizen is a complex legal entity that includes four different-sized components.

The first, most important part of rights and responsibilities represents the legal status of an individual, a person as a subject of administrative law. In the Russian state, the legal regulation of the position of the individual, the person, should occupy a central, priority place, since it expresses the idea that law and the state, its bodies and officials are called upon to serve society, every individual, every person. This is precisely the idea expressed in Art. 2 of the Constitution of the Russian Federation: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.”

According to the Constitution of the Russian Federation and the legislation based on it, an individual, a person, regardless of his official, social or property status, nationality, religion, etc., is a subject of all branches of law in Russia, for which the basis of the legal status of an individual is enshrined in the Constitution of the Russian Federation, as well as in the norms of constitutional, international, civil, financial and other branches of law, reflecting the relationship between the individual and society, citizen and state, individual and collective. The norms of administrative law also occupy an important place in this status of a person.

Among the fundamental rights and freedoms that constitute the legal status of an individual and are to one degree or another in the sphere of administrative and legal regulation, one can name, for example, the right to life (Part 1 of Article 20), the right to freedom and personal integrity (Part. 1 Article 22), the right to inviolability of home (Article 25), the right to privacy, personal and family secrets, protection of one’s honor and good name (Part 1 Article 23), the right to free movement, choice of place of residence and place of residence, free travel outside the Russian Federation and unhindered return to the Russian Federation (Article 27).

Proclaiming individual rights, the Constitution establishes certain obligations and prohibitions for a person, for example, to pay legally established taxes and fees (Article 57), preserve nature and the environment, take care of natural resources (Article 58), it is prohibited to engage in economic activities aimed at monopolization and unfair competition (Part 2 of Article 34), forced labor is prohibited (Part 2 of Article 37).

At the same time, the Constitution of the Russian Federation (Part 3 of Article 55) allows, in exceptional cases, the possibility of restriction by federal law of individual rights, and these norms are usually of an administrative-legal nature. For example, the right to inviolability of the home can be limited by police officers on the basis of the Law of the Russian Federation “On the Police” if there are grounds provided for by the relevant administrative and legal norms, in particular, when searching for a criminal, if a crime or violation of public order is being committed in an apartment or house that threatens life or health of people, in case of fire and in other cases.

The second component of the administrative-legal status represents the status of a citizen of the Russian Federation, arising from the fact of citizenship. As a subject of administrative law, every citizen of the Russian Federation has his own civil legal status. See Federal Law of May 31, 2002 “On Citizenship of the Russian Federation.” The norms of administrative law that determine the administrative legal status of a citizen establish his rights and obligations in state and public activities. These are norms on participation in the management of state affairs (Part 1 of Article 32 of the Constitution), the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, processions and picketing (Article 31), the obligation to perform military service (Part 2 of Art. 59), etc. Further, these are the rules that determine the administrative and legal status of a citizen in his economic and labor activities, for example, the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law (Part 1, Article 34). ), the right to free work, choice of profession and type of activity (Part 1 of Article 37), the right to private property, including land (Articles 35, 36), and no one can be deprived of their property except by court decision (part 3 of article 35). Finally, the rules defining the administrative and legal status of a citizen in the personal or family sphere that does not affect the interests of society, in particular, the right to literary, artistic, scientific, technical creativity, and the right to change one’s surname. Thus, a citizen of the Russian Federation acquires additional rights and obligations arising from the fact of citizenship in addition to his personal status.

When an individual has acquired the status of an individual, then a citizen, they are added third element of administrative-legal status- social. It is necessary so that a citizen can engage in specific professional work activities, study, serve in the Armed Forces, etc.

For this, an individual, a citizen, needs new, additional rights and responsibilities. In the sphere of social and labor activity, there are thousands of professions and specialties, and each of them has its own legal status, established mainly by the norms of labor and administrative law. And here, as a social element of the administrative-legal status of a citizen, we can distinguish the legal statuses of worker, employee, student, military personnel, pensioner, forced migrant, etc.

The fourth element of the administrative-legal status of a citizen is called special status, which includes the rights and responsibilities that citizens acquire at will and personal interest to satisfy their individual needs. These are, for example, amateur hunters, amateur drivers, including navigators, non-professional athletes, tourists, collectors, etc. All of them receive an official document to engage in their chosen business, and for each special subject a certain range of new rights and responsibilities is established.

At the same time, it should be borne in mind that the administrative and legal status of a citizen represents the unity of all its named elements.

The administrative legal status of a citizen is determined by the content of his administrative legal personality, which includes administrative legal capacity and legal capacity.

In order to become a participant in administrative-legal relations, a citizen must have administrative legal capacity, i.e. a real opportunity to have subjective rights and fulfill legal obligations established by administrative law. Administrative legal capacity arises for citizens from the moment of birth and ends with death. It cannot be alienated or transferred to another person, but may be partially or temporarily limited in cases provided for by law. For example, the Code of Administrative Offenses provides for the possibility of temporarily depriving a citizen of the right to drive a vehicle for violations of the Traffic Rules.

Administrative capacity is the ability of a citizen, through his actions, to acquire subjective rights and fulfill the legal responsibilities assigned to him in the sphere of implementation of public administration. Full administrative capacity occurs when a citizen reaches the age of 18, partially - from the age of 14 (for example, obtaining a passport), then at the age of 16 - the possibility of bringing to administrative responsibility.

Rights and responsibilities of citizens in the field

government controlled

More recently, the implementation of the rights and freedoms of a citizen depended entirely on the administrative discretion of a huge army of government officials. In modern conditions, the administrative and legal status of a citizen in the sphere of public administration is changing significantly.

Firstly, human rights and freedoms are recognized by Art. 2 of the Constitution of the Russian Federation are the highest values, and their recognition, observance and protection are the responsibility of the state.

Secondly, the corresponding art. 2 of the Constitution of the Russian Federation, art. 18 establishes that the rights and freedoms of man and citizen are directly applicable, including in the sphere of public administration.

Thirdly, the administrative and legal status of citizens in the sphere of public administration is increasingly regulated at the level of laws and government acts. For example, if previously the overwhelming majority of the rights and responsibilities of citizens in the field of maintaining public order and ensuring public safety were regulated by departmental regulations, now they are regulated by the Law of the Russian Federation “On the Police”. In the past, traffic rules were approved by the Minister of Internal Affairs, now - by decree of the Government of the Russian Federation.

Fourthly, the administrative and legal status of citizens becomes much more complete, richer, and more diverse in content, and the range of its regulation in many spheres of economic, political, and social life is expanding. This important provision is confirmed, for example, by the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” of June 25, 1993, which abolished registration and established in its place the registration of citizens and the notification procedure for its implementation ; Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation” of August 15, 1996, which established the right of citizens of the Russian Federation to freely travel outside of Russia and return to their country without hindrance; Federal Law “On the Protection of Consumer Rights” of January 9, 1996 (as amended on February 7, 1992 with additions and amendments), which significantly expanded the rights of citizens in the field of trade, provision of services and work.

Fifthly, the role of the court in protecting the rights of citizens in the sphere of functioning of the executive branch and public administration is significantly increasing. In accordance with the Federal Law “On appealing to court actions and decisions that violate the rights and freedoms of citizens” dated April 27, 1993 (as amended on December 14, 1995), every citizen has the right to file a complaint with the court if he believes that unlawful actions (decisions) or inaction of state bodies, local governments, institutions, enterprises, public associations or officials, state or municipal employees have violated his rights and freedoms.

By specifying and supplementing the norms of constitutional law, as well as other branches of law, for example, tax, customs, environmental law in the field of public administration, the norms of administrative law determine many additional rights and obligations of citizens and mechanisms for their implementation and protection from violations.

Administrative law regulates the rights and obligations of citizens not only in the sphere of public management activities, but also in managed activities. An example of this is the rules of fire safety, behavior in public places, trade, hunting and fishing, rules governing teaching in educational institutions, sanitary rules, etc. Management bodies monitor compliance with these rules and apply government enforcement measures for their violation. Therefore, administrative law determines which acts (action or inaction) are administrative offenses, establishes the types and measures of administrative liability for their commission, and the procedure for proceedings in cases of such offenses.

The rights and responsibilities of citizens in the field of public administration can be combined into three blocks.

First covers the rights and responsibilities of citizens necessary for them to participate in the management of state affairs, both directly and through their representatives, as well as through equal access to public service (Article 32 of the Constitution of the Russian Federation). At the same time, the concept of participation in the management of “state affairs” is extremely broad and, in essence, covers all spheres of the country’s life. At the same time, the peculiarity of this group of rights and responsibilities of citizens in public administration is that their implementation requires, first of all, the active expression of the will of the citizens themselves as subjects of administrative law.

Second The block of rights and responsibilities of citizens is distinguished by the fact that their implementation requires active activity and, at a minimum, assistance from the executive branch and officials of government bodies. In fact, without the support, assistance and appropriate reaction of government bodies, citizens are not able to exercise their right to hold meetings, rallies, demonstrations and other public events (Article 31 of the Constitution of the Russian Federation), the right to associate to protect their interests (Article 30), the right to appeal personally, as well as to send individual and collective appeals to state bodies and local self-government bodies (Article 33), the right to state compensation for harm caused by illegal actions (or inaction) of government bodies or their officials (Article . 53), etc.

In addition, the implementation of the rights and responsibilities of citizens in the sphere of public administration requires from executive authorities and officials activities to protect them, state guarantees, the creation of conditions for practical implementation, and finally, simply a friendly attitude. Thus, every citizen has the right to equal protection of the law from any kind of discrimination, no one can be subjected to arbitrary arrest, detention or expulsion, etc. On the basis of these regulations, the rights of citizens are protected, for example, as consumers in the field of trade and services, users of communications and mass media, and the rights of citizens in the field of education and healthcare, physical education and sports are guaranteed.

Third block The rights and responsibilities of citizens in the field of public administration are associated with their participation in the activities of executive authorities, for example, as members of scientific and technical, expert advisory, coordinating councils, interdepartmental and working commissions, freelance inspectors, instructors, experts, etc. , consisting of members of organizations operating entirely on a voluntary basis, for example, voluntary people's squads.

Features of administrative and legal status

foreign citizens and stateless persons

The legal status of foreign citizens on the territory of the Russian Federation is regulated by Russian legislation, as well as international treaties. The main acts defining the legal status of foreign citizens and stateless persons are: the Constitution of the Russian Federation (Articles 27, 62, 63), Federal Laws “On the Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002, “On procedure for leaving the Russian Federation and entering the Russian Federation" dated August 15, 1996, government acts.

According to the legislation, foreign citizens and stateless persons enjoy rights in the Russian Federation and bear responsibilities on an equal basis with Russian citizens, except in cases established by federal law and an international treaty of the Russian Federation. At the same time, they are obliged to comply with current laws, regardless of whether they reside in Russia permanently or temporarily.

All foreign citizens, during their stay in the Russian Federation, enter into administrative and legal relations with executive authorities in various fields.

By regulating relations with foreign citizens, the state not only determines their rights and obligations, but also ensures the implementation and protection of their legal status through guarantees.

Legal guarantees are enshrined in laws and regulations. They contain measures to protect personal, property, family and other rights belonging to a foreign citizen, the right to go to court and other government bodies and find there the necessary protection of their subjective rights, as well as restore them in case of violation.

At the same time, executive authorities carry out measures of supervision and control over the lawful behavior of foreign citizens in order to identify offenses, prevent, suppress illegal actions, apply legal liability measures, use procedural forms of protecting rights and obligations (including the use of law enforcement measures), etc.

Features of the administrative and legal status of foreign citizens represent a number of restrictions on their rights and obligations provided for by law. They do not have the right to elect and be elected to federal government bodies and government bodies of the constituent entities of the Federation, as well as to participate in a referendum of the Russian Federation and its constituent entities. Foreign citizens permanently residing in the Russian Federation, in cases and in the manner provided for by federal laws, have the right to elect and be elected to local government bodies, as well as to participate in local referendums.

A foreign citizen temporarily residing in the Russian Federation does not have the right, at his own request, to change his place of residence within the subject of the Federation in whose territory he is permitted temporary residence, or to choose a place of residence outside the boundaries of the subject of the Federation. A foreign citizen does not have the right to be in state or municipal service; be hired at facilities and organizations whose activities are related to ensuring the security of the Russian Federation. At the same time, foreign citizens can be accepted into military service under a contract for the positions of soldiers, sailors, sergeants, and foremen.

For violation of the law (immigration rules), only foreign citizens and stateless persons are subject to administrative coercive measures such as deportation (preventive measure) and administrative expulsion from the Russian Federation (administrative penalty), by court decision.

The legislation provides for the liability of foreign citizens for violations of the rights and obligations granted to them. They are subject to liability (for example, administrative) on the same grounds as Russian citizens, with the exception of persons enjoying the corresponding privileges and immunities.

The Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” and the Code of Administrative Offenses include violations of the rules of stay and transit through our territory: violation of the regime of the State Border of the Russian Federation, violation of the rules for attracting and using foreign labor in the Russian Federation; living without documents for the right of residence or living with invalid documents; evading departure after a certain period of stay; failure to comply with the established procedure for registration or movement and choice of place of residence. They may be subject to a warning or a fine as an administrative penalty. Foreign citizens and stateless persons who evade departure are subject to administrative detention and forcible deportation. Detention in this case is allowed for a period of no more than 48 hours (Article 22 of the Constitution of the Russian Federation). A longer period of detention is allowed only by court decision.

Foreign citizens and stateless persons in the Russian Federation, on the basis of the Constitution of the Russian Federation (Article 63), are granted political asylum in accordance with generally recognized norms of international law.

Institute of Law and Administration of the WPA

COURSE WORK

Subject :

Administrative and legal status of public associations

Tula 2014

Introduction

Chapter 1. Theoretical foundations of public associations as subjects of administrative law

1.1 Concept and types of public associations

2 Development of administrative and legal foundations of the legal status of public associations

3 Rights and obligations of public associations

4The procedure for the creation, reorganization and liquidation of public associations

5 Public control of the activities of public associations

Chapter 2. Study of the administrative and legal status of some public associations

2.1 Administrative and legal status of charitable organizations

2 Administrative and legal status of religious public associations

Conclusion

List of used literature

Introduction

Expanding democratic processes in society and increasing the social activity of citizens contribute to the realization of their rights and legitimate interests through the creation of various types of public associations. That is why in the Russian Federation the number of public associations is increasing from year to year. Over the past five years, the Ministry of Justice of the Russian Federation alone has registered 2,846 public associations (including 85 political parties and 105 public movements). In the country as a whole, the justice authorities have registered more than 35 thousand such formations, including almost 1.5 thousand political parties.

Also, the socio-economic changes that have occurred in the Russian Federation in recent years have confronted legal science with the problem of finding new administrative methods of influencing public relations on the part of the executive branch, as well as the problem of improving the forms and its interaction with the institutions of civil society. Insufficient social activity of public associations is the most significant problem for the functioning of our society. This circumstance is due to the fact that public associations are an important part of the rule of law and act as a connecting element between the state and the individual. However, as practice shows, this is not always the case. Meanwhile, it is public associations that are one of the most active participants in socio-economic transformations. In this regard, the ongoing political and legal reforms in our country should be based on the modern theoretical concept of their administrative and legal status.

The study of the administrative and legal status of public associations will reveal their true role as an effective element in the mechanism of citizens’ access to institutions of state power, as well as overcome the contradictions that arise in the interaction of executive bodies of state power and local governments with institutions of civil society. In addition, the administrative and legal status of public associations requires an adequate and scientifically based regulatory definition. Legal relations of public associations in the scope of administrative law norms represent a significant group. The rules of administrative law regulate various relations with the participation of public associations, and in order for the practice of these relations to develop in accordance with the law, certainty is necessary, which is achieved by improving the normative legal regulation of the administrative-legal status of public associations.

The relevance, complexity and versatility of these and some other problems was the determining factor in choosing the topic of this course work.

The purpose of the course work is to study the theoretical provisions that define the basis of the administrative and legal status of public associations.

The object of the course work is public relations that develop in the administrative and legal sphere with the participation of public associations.

The subject of the course work is a set of administrative and legal norms regulating the mechanism for implementing the legal status of certain types of public associations in the Russian Federation.

Coursework objectives:

· explore the administrative and legal foundations of the legal status of public associations in the Russian Federation;

· consider the process of development of the administrative and legal foundations of the legal status of public associations;

· analyze the concept and types of public associations;

· explore the procedure for creating, reorganizing and liquidating public associations;

· study public associations as subjects of administrative law;

· consider the rights and obligations of public associations as subjects of administrative law;

· explore the basics of public control of the activities of public associations.

Research methods:

· Theoretical: analysis of literature, legal framework on the research problem.

Chapter 1. Theoretical foundations of public associations as subjects of administrative law

1 Concept and types of public associations

A public association is voluntary, self-governing,

a non-profit formation created on the initiative of citizens united on the basis of common interests to achieve the goals specified in the charter of the public association,” says Art. 5 of the Federal Law of May 19, 1995, “On Public Associations.”

This Law provides for various forms of citizens' exercise of their constitutional right to association. Citizens have the right to unite in political parties, trade unions, charities and other organizations. The activities of such associations are regulated not only by the mentioned Law, but also by special federal legislation.

Voluntary formation is the most important feature of a public association. At the same time, citizens have the right to create public associations of their choice without prior permission from executive authorities and local governments. Public associations created by citizens are either registered in the prescribed manner and acquire the rights of a legal entity, or operate without state registration and acquisition of the rights of a legal entity.

Members of a public association may be individuals and legal entities - public associations, whose interest in jointly solving the problems of this association is formalized by individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as its members.

The legislation distinguishes five organizational and legal forms of public associations, created in the form of an organization, a movement, a fund, an institution and a public initiative body, however, fixed membership is provided for by the Law only for public organizations. At the same time, clear legal differences are established between movements, foundations, public institutions and public initiative bodies. Each of these associations has its own characteristics.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the established goals of united citizens. Members of a public organization, in accordance with its charter, can be individuals and legal entities - public associations, unless otherwise established by federal law and laws on certain types of public associations. The highest governing body is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting. In the case of state registration of a public organization, its permanent body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

A social movement is a mass public association consisting of participants and without membership, pursuing social, political and other socially useful goals supported by participants in the social movement. The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting. In the case of state registration of a social movement, its permanent body exercises the rights of a legal entity on behalf of the social movement and performs its duties in accordance with the charter.

A public fund is one of the types of non-profit foundations, which is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and to use this property for socially useful purposes. The founders and managers of the property of a public foundation do not have the right to use the said property in their own interests. The governing body of a public fund is formed by its founders and (or) participants or by a decision of the founders of a public fund, adopted in the form of recommendations or personal appointments, or by election by participants at a congress (conference) or general meeting.

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association. Management of a public institution and its property is carried out by persons appointed by the founder(s). In accordance with the constituent documents of a public institution, a collegial body may be created, elected by participants who are not the founders of this institution and consumers of its services.

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

Federal Law of July 19, 1998 No. 112 - Federal Law “On Amendments and Additions to the Federal Law “On Public Associations”” introduces Art. 12.1, according to which “a political public association is a public association, the charter of which must include, among its main goals, participation in the political life of society through influencing the formation of the political will of citizens, participation in elections to state authorities and local governments through nomination candidates and the organization of their election campaign, participation in the organization and activities of these bodies.”

Public associations may voluntarily unite into associations (unions). Members of an association (union) retain their independence and rights as a legal entity; the name of the association (union) must contain an indication of the main subject of activity of its members, including the words “association” and “union”.

Also relying on the legislative framework, public associations and organizations, unlike state institutions, do not have power, cannot make generally binding decisions and demand their implementation, as well as dictate their will. Public associations differ in their activities from political parties, since they do not set as their goal to seize state power and in this sense are not initially political organizations, although their activities may acquire a political nature in the manner prescribed by law, as well as in accordance with the charter, constituent documents of a public association or organization.

Thus, public associations in Russia are created to attract citizens to the implementation of state policy, put forward civil initiatives aimed at implementing the constitutional rights, freedoms and legitimate interests of citizens and public associations themselves, their activities in the field of development of civil society and a legal democratic social state in the Russian Federation. Federation. Public associations, in accordance with their charters and constituent documents, can be divided into:

· socio-political,

· public-civil,

· national-cultural,

· religious and others.

In most cases, each of the designated areas, in turn, is divided into organizations with different profiles and interests. For example, within the social and civil direction, veterans, youth, children's, women's, cultural and educational, educational, charitable, human rights, professional, and creative associations are formed. According to the constituent documents, in accordance with their organizational structure, all of these associations are diverse in their areas of activity and cover different sets of public interests. Public associations differ in their characteristics, including:

· by territorial status: municipal, citywide, regional, interregional, federal, international;

· by the nature and direction of activity: societies, associations, centers, organizations of culture, education, enlightenment, socio-political, professional and cultural, etc.;

· about belonging to social groups: youth, veterans, women;

· according to political and ideological attitudes.

The basis for classification may be other criteria: by scale of activity, methods and modes of action, degree of organization, by class, national or demographic characteristics. But public associations, regardless of organizational and legal forms, are equal before the law. Their activities are based on the principles of voluntariness, equality of law, self-government and legality. Public associations are free to determine their internal structure, goals, forms and methods of activity. The activities of public associations must be transparent, and information about their constituent and program documents must be publicly available.

2 Development of administrative and legal foundations of the legal status of public associations

The study and development of administrative legislation regulating the administrative and legal status of public associations is important for the formation in our country of legal mechanisms relating to the formation of full-fledged institutions of civil society. In addition, studying the history of the development of legislation on public associations allows us to form a new vision of civil society, and can also contribute to the development of adequate administrative and legal mechanisms relating to the relationship between an individual and the state. In addition to the above, research into the history of legislation on public associations helps to systematize theoretical and empirical material concerning the functioning of public associations in our country.

In the XVIII-XIX centuries. The formation of legislation on public formations took place, however, the legislative acts of this period paid priority attention not to the order of formation of public formations, but to the organization of control (supervision) over them. One of the first legislative acts that determined the administrative and legal status of public formations was the Charter of the Deanery (1782). This normative act gave citizens the opportunity to create public associations themselves.

In the legal literature of the late 19th - early 20th centuries, various terminology was used to designate the category “public association” (society, association, private society, etc.). Socio-economic transformations of the late 19th century. entailed the intensification of the activities of public formations, but the regulatory framework for their activities at that time was practically absent. To create public associations, it was necessary to obtain permission from the Ministry of Internal Affairs and the Ministry of Finance. Public associations that were created and functioned without their permission were declared illegal. The competence of the Ministry of Internal Affairs in regulating the administrative and legal status of public associations was determined by the act of the Ministry of Internal Affairs of April 26, 1905, during this period the manifesto “On Freedom of Unions” was also issued. Following the manifesto, the active creation of political parties, trade unions and other public formations began. On March 4, 1906, temporary rules “On Societies and Unions” were adopted. A landmark normative legal act in the mechanism of administrative and legal regulation of the activities of public associations was the resolution “On Meetings and Unions.”

During the Soviet period, legislation on public associations also actively developed. In the 20s XX century the Decree of the All-Russian Central Executive Committee of August 3, 1922 was adopted “On the procedure for convening congresses and all-Russian meetings of various unions and associations and on the registration of these organizations”; on May 9, 1924 the resolution of the Central Executive Committee and the Council of People's Commissars of the USSR was adopted “On the procedure for approving and registering societies and unions, not pursuing the goal of making a profit and extending their activities throughout the territory of the entire USSR, and supervision over them,” February 6, 1928. The resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR approved the provision “On societies and unions not pursuing profit.” In the 30s of the XX century. legislation on public associations also continued to develop. Thus, on July 10, 1932, the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR adopted a resolution “On approval of the regulations on voluntary societies and unions.” This act, unlike all previous ones, quite comprehensively defined the administrative and legal status of public associations. The said normative legal act determined: the procedure for organizing societies and unions; state control regime over the activities of voluntary societies and their unions; procedure for liquidating the activities of public associations. The concept of the mentioned document served as the basis for the subsequent development of administrative legislation on public associations. It should be noted that the 1932 resolution was repealed only in 1992.

The current state of legal regulation of the activities of public associations in the Russian Federation is characterized by extreme breadth. The activities of public associations are regulated by a number of legal acts. These are the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law “On Public Associations”, as well as: Federal Law No. 95-FZ of July 11, 2001 “On Political Parties”, Federal Law No. 10-FZ of January 12, 1996. “On trade unions, their rights and guarantees of activity”, Federal Law No. 125-FZ of September 26, 1997 “On freedom of conscience and religious associations” and many others.

The content of the administrative-legal status consists of their rights and obligations, which in their totality express the most important and significant connections of the public association with the executive authorities. In this regard, the administrative-legal status of public associations forms the basis for the development of other rights and obligations of a given subject of administrative law. In structural terms, the administrative and legal status of public associations is determined by: rights, obligations, guarantees for the implementation of rights and fulfillment of obligations, as well as legal liability.

The legal possibilities of a public association in the sphere of executive power are numerous and varied. Established by administrative legislation in accordance with the constitutional framework, the rights and obligations of this subject consolidate their relations and connections with executive authorities carrying out executive and administrative activities. They can add up due to:

· implementation of the rights belonging to the public association by law;

· fulfillment of the duties assigned to the public association in the field of public administration;

· violation by governing bodies (officials) of the rights and interests of a public association;

· violation by a public association of its legal duties in the field of public administration.

Thus, the classification of subjective rights and obligations of public associations in the field of public administration may be as follows:

· general rights and obligations of a public association in the field of public administration;

· special rights and obligations of a public association in the field of public administration, in particular in the field of maintaining public order and ensuring public safety.

The group of general rights and obligations of a public association in the field of public administration in accordance with current legislation includes the fact that a public association has the right:

· freely disseminate information about its activities;

· take part in the development of decisions of state authorities and local self-government in the manner and extent provided for by law;

· hold meetings, rallies, demonstrations, processions and pickets;

· establish mass media and conduct publishing activities;

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

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

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

· participate in election campaigns (in the case of state registration of an association and if there is a provision in the charter of this association on its participation in elections), etc. (Article 27 of the Law).

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

In its activities, a public association is obliged to:

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

· annually publish a report on the use of its property or ensure accessibility of the said report, inform the body registering the association about the continuation of its activities and indicate the actual location of the permanent governing body, its name and information about the leaders of the association in the amount of information included in the unified state register of legal entities;

· submit, at the request of the body registering the association, decisions of the governing bodies and officials of the association, as well as annual and quarterly reports on its activities to the extent of the information provided to the tax authorities;

· allow representatives of the body registering associations to attend events held by the public association, assist representatives of the body registering the public association in familiarizing themselves with the activities of the association.

If we talk about guarantees for a public association to exercise its legal capacity, they can be classified into: general (ideological, social, political, economic, etc.), special (legal) and organizational guarantees. Examining the general guarantees of the administrative and legal status of public associations, we come to the conclusion that their basis is the constitutional requirements that the Russian Federation is a social state. The Russian Federation recognizes ideological and political diversity, etc.

In modern conditions, for the full implementation of the rights granted to public associations, a special place belongs to economic guarantees. The Constitution of Russia recognizes and protects equally private, state, municipal and other forms of property. And although this norm does not directly indicate the need to protect the property of public associations, it also applies to it. The ownership rights of public associations are enshrined in a number of federal laws: “On Non-Profit Organizations”, “On Charitable Activities and Charitable Organizations”, “On Public Associations”, “On Trade Unions, Their Rights and Guarantees of Operations”, etc. A significant role in the formation The property of public associations is played by income received from business activities. However, the current legislation defines some features of the implementation of entrepreneurial activities by public associations, in particular, it determines its statutory nature, and also establishes the procedure for the distribution of income from entrepreneurial activities.

The problem of the possibility of public associations carrying out entrepreneurial activities has been given quite a lot of attention in the literature, mainly through the prism of the fact that public associations do not have the right to carry out the corresponding activities, since this contradicts the legal essence of these organizations. This situation was very succinctly, but at the same time meaningfully described by M.I. Ivanova: “At first glance, in the theory of non-profit legal entities, there are no special “puzzling problems”, as K.P. Pobedonostsev said. And there is nothing particularly theoretical in the subinstitute itself as if it does not exist. Everything seems clear in this part: on the one hand - non-profit legal entities with their special legal capacity, on the other - the legal right of these entities to entrepreneurial activity, which in the doctrine is prudently called non-main, or secondary. This provision seems logical. and understandable: since non-profit legal entities do not have enough resources for their main activities, then let them earn money and this is what is reflected in the current legislative concept, which, however, is supposed to be adjusted due to contradictions and inconsistencies discovered in practice.”

Organizational guarantees are closely related to the economic guarantees of the administrative and legal status of public associations. The legislation quite consistently differentiates the activities of government bodies and public associations. According to the law on public associations, interference by state authorities and their officials, as well as interference by public associations in the activities of state authorities and their officials, is not permitted, except in cases provided for by law. The state ensures compliance with the rights and legitimate interests of public associations; legislation regulates the provision of tax benefits to public associations.

The law establishes state support for certain types of public associations, which can be expressed in the form of targeted financing of certain socially useful programs of public associations, the provision of grants, government orders, etc.

Thus, the state ensures compliance with the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits to them.

administrative legal charitable religious

1.4 The procedure for creation, reorganization and liquidation of public associations

According to the general procedure, public associations are created on the initiative of 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 audit bodies are made at a congress or general meeting. From the moment the above decisions are made, the public association is considered created: it carries out its statutory activities, acquires rights (except for the rights of a legal entity) and assumes responsibilities in accordance with current legislation.

The justice authorities that register public associations include them in the unified state register of legal entities, open to the public, and also publish lists of political public associations in the media. The range of grounds on which registration of a public association may be refused is limited by Art. 23 Federal Law “On Public Associations”:

· if the charter of a public association contradicts the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, the provisions of Articles 16, 19, 20, 21 of this Federal Law and laws on certain types of public associations;

· if a complete list of constituent documents is not provided or they are executed in an improper manner;

· if a public association with the same name was previously registered in the territory within which this association operates;

· if the body registering public associations determines that the constituent documents submitted for registration contain false information;

· if the name of a public association offends the morality, national and religious feelings of citizens.

The legal capacity of a public association as a legal entity arises from the moment of its state registration. A study of the legislation on public associations allows us to conclude that at present the requirements for founders, members and participants of public associations are quite consistently defined, and the procedure for state registration of public associations is quite clearly defined. However, as an analysis of information materials from the Russian Ministry of Justice shows, a number of public associations violate the requirements of the legislation on state registration of legal entities. Violations, as a rule, are expressed in the fact that they do not inform the body that made the decision on state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association. Taking into account the established judicial practice, as well as the recommendations of the Ministry of Justice of Russia, if public associations fail to comply with the above requirement, the justice departments of the constituent entities of the Russian Federation are preparing appropriate claims for the liquidation of these public associations. At present, the problem of the use by a number of public associations of state symbols on seals, letterheads, certificates of their associations, etc. remains relevant.

The procedure for reorganization and liquidation is determined in Art. 25, 26 Federal Law “On Public Associations”. Reorganization of a public association is carried out by decision of the congress (conference) or general meeting, or by judicial procedure. State registration of a newly formed public association after reorganization is carried out in the manner established by Article 21 of this Federal Law. The property of a public association, which is a legal entity, passes after its reorganization to newly established legal entities in the manner prescribed by the Civil Code of the Russian Federation. And the property remaining as a result of the liquidation of a public association, after satisfying the claims of creditors, is directed to the purposes provided for by the charter of the public association, or, if there are no relevant sections in the charter of the public association, to the purposes determined by the decision of the congress (conference) or general meeting on the liquidation of the public association , and in controversial cases - by a court decision. The decision on the use of the remaining property is published by the liquidation commission in the press. Thus, the reorganization of a public association is carried out by decision of the congress or general meeting. The events of recent years have clearly demonstrated the need to create an administrative and legal mechanism for a more stringent and prompt suppression of any forms of extremist activity on the part of public associations. The Constitution of Russia, the Federal Law of July 25, 2002 “On Combating Extremist Activities”, the Code of Administrative Offenses of the Russian Federation and a number of other regulatory legal acts are aimed at preventing and suppressing extremist activities, however, as practice shows, the implementation of Art. 20.3 of the Code of Administrative Offenses of the Russian Federation is complicated by the fact that the disposition of this article is of an uncertain nature. In this regard, it would be quite appropriate if the Supreme Court of the Russian Federation gave an official clarification on the procedure for applying the law on countering extremist activities and the relevant articles of the Code of Administrative Offenses of the Russian Federation.

Also, a public association can be liquidated by decision of the congress (conference), as well as by a court decision in the event of a gross violation by the public association of the rights and freedoms of man and citizen, as well as repeated and gross violation of the Constitution and legislation of the Russian Federation. Liquidation of a public association by a court decision means a ban on its activities. The decision to liquidate a public association that is a legal entity is sent to the body that registered the public association in order to exclude the said association from the unified state register of legal entities.

5 Public control of the activities of public associations

The state almost never lost its influence on public associations. In different historical periods the scope of such influence was different. Control over the activities of public associations is carried out by various government bodies. Each government body has its own competence in the area of ​​public administration under study. Control (supervision) is one of the objectively necessary phenomena of social life and is one of the ways to ensure law and order. Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation. The powers of the prosecutor's office in the sphere of supervision over the activities of public associations are enshrined not only in the legislation on public associations, but also in the Law of the Russian Federation "On the Prosecutor's Office".

Thus, the Law “On the Prosecutor's Office” provides the prosecutor's office with broad powers, which they exercise in various areas of government, including during the exercise by the prosecutor's office of supervision over the activities of public associations. The prosecutor has the right to lodge a protest against a legal act that contradicts the law, make a motion to eliminate violations of the law, decide to initiate proceedings in cases of administrative offenses, and also issue a warning about the inadmissibility of violations of the law. The Law on Public Associations gives prosecutors additional powers to supervise their activities. The prosecutor's office, along with the justice authorities, can send applications to the court to suspend the activities of public associations. In this case, the rights of the public association as the founder of the mass media are suspended, such a public association is prohibited from organizing meetings, rallies, demonstrations and other mass events, taking part in elections, using bank deposits, with the exception of settlements for economic activities and employment contracts, compensation for losses, caused by his actions, as well as fines.

The main subject of control over the activities of public associations is the Ministry of Justice of Russia. This conclusion follows from an analysis of the legislation on public associations, as well as from an analysis of the regulations on the Ministry of Justice of Russia. Despite the changes that have occurred in the system and structure of federal executive authorities, the control function is still a vital component of the work of the Ministry of Justice of the Russian Federation. Control by the Russian Ministry of Justice over the activities of public associations begins already in the process of registration of public associations. In addition, control over the activities of public associations is carried out during visits by representatives of the Ministry of Justice to public events held by public associations. One of the effective forms of control over the activities of public associations is the obligation of public associations to annually inform the body making the decision on the registration of public associations about the continuation of their activities, indicating the actual location of the permanent body, its name and information about the leaders of the public association in the amount of information included into the unified state register of legal entities.

In addition to the bodies of the Ministry of Justice of Russia, control over the activities of public associations is carried out by financial bodies, bodies exercising environmental, fire and sanitary-epidemiological control (supervision), etc.

Chapter 2. Study of the administrative and legal status of some public associations

1 Administrative and legal status of charitable organizations

The Law on Public Associations stipulates that the activities of certain types of public associations can be regulated in special laws. The first among them was the Federal Law of August 11, 1995 “On Charitable Activities and Charitable Organizations.” According to this Law, a charitable organization must comply with all the basic characteristics of a public association defined by the Law on Public Associations. Created to implement socially-priority goals, a non-profit charitable organization must have the most important property: its activities must be disinterested in nature - free of charge or on preferential terms. Preferential conditions mean providing philanthropists with certain benefits and advantages (primarily of a material nature) that stimulate this type of socially-priority activity. However, state guarantees - the provision of tax and property benefits - apply only to charitable organizations, but not to legal entities and individuals who are sponsors of charitable organizations (Article 18 of the Law on Charitable Organizations).

Charitable organizations, like all other public associations, do not have the right to redistribute funds received as a result of business activities among their members or participants. In accordance with the article of the Law on Charitable Activities, a charitable organization does not have the right to use more than 20% of the financial resources spent during the financial year to pay administrative and managerial personnel. Thus, such a form of illegal redistribution of funds is impossible among members or participants of charitable organizations.

The Law on Charitable Activities, like the Law on Non-Profit Organizations, does not specify the state registration body for charitable organizations. This procedure must be carried out “in the manner established by federal laws.” Administrative-legal relations arise in the process of providing various benefits and advantages to charitable organizations by executive authorities, for example, the transfer of state property into ownership. The Law on a Charitable Organization regulates the forms of control in more detail: the government body that registers a charitable organization has the right to control its financial and economic activities “in the use of property and expenditure of funds.” This means that all information confirming the legal obligations of the organization with any legal entities and individuals can be controlled. In addition to active forms of control carried out by officials of the registration authority directly on site, passive forms are also provided: a charitable organization, by submitting an annual report on its activities to the registration or tax authority, also initiates the emergence of administrative-legal relations. In addition to the control of the registration authority over the financial and economic activities of charitable organizations, an important place is given to the control of tax authorities, which control the sources of income of organizations, the amount of funds they receive and the payment of taxes. In this case, the control activities of registration and tax authorities are largely identical: its object is the same information about the social and legal relations of charitable organizations. It is obvious that all types of financial control should be carried out by the tax authorities.

Thus, there are obvious differences in the legal regulation of the activities of public associations in the basic Law on Public Associations and in the laws adopted later on certain types of public associations. The status of certain types of legal entities, for example, production cooperatives, is very similar to the legal status of public associations. However, this form of joint activity of citizens has the main goal of making a profit, which is completely unacceptable for the status of non-profit associations. Of course, special laws can be adopted on certain types of associations, but their compliance with the requirements of the basic Law on Public Associations is mandatory. However, in fact this principle is not always observed.

2.2 Administrative and legal status of religious public associations

In accordance with the provisions of the Constitution of the Russian Federation and the Law of the Russian Federation of September 26, 1997 “On freedom of conscience and religious associations”13, every citizen has the right to freedom of conscience and freedom of religion. A religious association in the Russian Federation is recognized as a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of jointly professing and spreading the faith, and also having the following characteristics corresponding to this purpose:

· belief in a particular religion;

· performance of divine services and other religious rites and ceremonies;

· teaching religion and religious education of its followers.

Religious associations can be created in the form of religious groups and religious organizations. However, the creation of religious associations in government bodies, other government bodies, government agencies and municipal organizations is prohibited. A religious group is a voluntary association of citizens formed for the purpose of jointly professing and spreading faith, carrying out activities without state registration and without acquiring the legal capacity of a legal entity. A religious organization operates on the basis of a charter, which is approved by its founders or a centralized religious organization and must meet the requirements of the civil legislation of the Russian Federation. Religious associations are separated from the state. The state, its bodies and officials have no right to interfere:

· in determining by a citizen his attitude to religion and religious affiliation;

· in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child’s right to freedom of conscience and freedom of religion.

The state does not assign to religious associations the performance of functions of state authorities, other government bodies, state institutions and local government bodies and does not interfere with the activities of religious associations if it does not contradict the law.

A religious association is created and carries out its activities in accordance with its own hierarchical and institutional structure. Selects, appoints and replaces its personnel according to its own regulations, does not perform the functions of state authorities, other government bodies, state institutions and local governments. Also, a religious association does not participate in elections to state authorities and local governments, does not participate in the activities of political parties and political movements, and does not provide them with material or other assistance.

Religious associations have the right:

· establish and maintain religious buildings and structures, other places and objects specifically intended for worship, prayer and religious meetings, religious veneration (pilgrimage);

· conduct religious ceremonies in medical and preventive institutions and hospitals, orphanages, boarding homes for the elderly and disabled, in institutions executing criminal penalties in the form of imprisonment;

· produce, acquire, export, import and distribute religious literature, printed, audio and video materials and other religious items;

· enjoy the exclusive right to establish organizations that publish liturgical literature and produce religious objects;

· carry out charitable activities, both directly and through the establishment of charitable organizations;

· create cultural and educational organizations, educational and other institutions, as well as establish mass media;

· establish and maintain international connections and contacts;

· religious associations have the right of ownership of property, and they also have the right to carry out entrepreneurial activities and create their own enterprises.

Supervision over the implementation of legislation on freedom of conscience, freedom of religion and religious associations is carried out by the prosecutor's office. The body that registered a religious organization monitors its compliance with the charter regarding the goals and procedure of its activities. Persons guilty of violating legislation on freedom of conscience may be subject to violations of legislation on freedom of religion and religious associations, which entails criminal, administrative and other liability in accordance with the law.

Thus, the following social relations in the sphere of religious activities are regulated by the norms of administrative law:

When determining the status of a religious organization as a legal entity. A necessary condition for the civil and administrative legal capacity of a religious association is state registration, and in some cases, granting the organization the powers of a licensee;

In the process of liquidating a religious association, banning its activities or monitoring it. As a special type of control function, one can consider the obligation of a registered (centralized or local) religious association to annually submit information about the continuation of its activities to the justice authority;

When vesting religious organizations with ownership rights to religious buildings and structures;

When a clergyman exercises secular rights and duties, especially military duty. The head of state is given the right to grant clergy a deferment from conscription for military service and exemption from military training in peacetime;

When performing religious rites and ceremonies. We are talking about the procedure for carrying out ritual activities in penitentiary institutions, the Armed Forces of the Russian Federation and departmental military formations.

Executive authorities monitor the compliance of internal regulations of religious organizations, primarily charters, with federal legislation. The executive branch also interacts with religious associations when determining the status of religious education institutions. Religious education or its basics can be obtained not only in institutions of denominational education, but also in state or municipal educational institutions.

Conclusion

Considering public associations as one of the subjects of administrative law, it should be emphasized that this is one of the fundamental constitutional and legal institutions. The rules on public associations are contained in parts 4 and 5 of Art. 13; Part 2 Art. 19; Part 1 Art. thirty; Part 2 Art. 46 of the Constitution of the Russian Federation. These articles provide a general description of public associations as a subject of Russian law. A more detailed description of public associations as a subject of administrative law is contained in the Federal Law of May 19, 1995 “On Public Associations,” which is the basic law regulating the organization, status and activities of public associations; as well as in other federal laws, regulations, as well as charters of unions, associations and other associations of citizens. The current legislation of the Russian Federation regulates the activities of the public association system. It consolidates the status of unions of public associations and entities included in their systems. “The new legislation of the Russian Federation on public associations needs a clearer delineation of the functions of associations and state bodies.” The basic principles of their relationship are regulated by the currently valid Law on Public Associations.

It should be noted that the differences between the types of public associations are of a formal nature, which confirms the absence of any indications about the status of structural units. Although the Law provides for four types of such divisions, it does not determine the differences in the legal status of the organization, branch, branch and representative office. The solution to this problem is of the greatest practical importance, since the fact of state registration of the association with the justice authorities depends on the presence of divisions on the territory of Russia.

There are obvious contradictions between the basic Law on Public Associations and the laws on individual public associations, as well as the contradictions between the regulatory legal acts of the constituent entities of the federation, issued on issues of joint jurisdiction with the central government, and federal laws.

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Soboleva Yu.V. Administrative and legal status of public associations: concept and structure // Citizen and Law. - 2008. - No. 6.

Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activity” // Collection of Legislation of the Russian Federation. 1996. No. 3.

Federal Law No. 125-FZ of September 26, 1997 “On freedom of conscience and religious associations” // Collection of Legislation of the Russian Federation. 1997. No. 39. Art. 4465

Federal Law No. 82-FZ of May 19, 1995 “On Public Associations” // Collection of Legislation of the Russian Federation. 1995. No. 21. Art. 1930.

Federal Law of 08/11/1995 No. 135-FZ “On Charitable Activities and Charitable Organizations” (as amended on 12/23/2010) // Collection of Legislation of the Russian Federation, 08/14/1995, No. 33.

Cheremnykh G.S. Public associations: regulation of activities // Russian justice. - 1996, - No. 4.

Similar works to - Administrative and legal status of public associations

Public associations are created for the purpose of implementing and protecting civil, political, economic, social and cultural rights and freedoms; intensifying the initiative of citizens, their participation in the management of state and public affairs; satisfaction of professional and amateur interests; development of scientific, technical and artistic creativity; health protection, participation in charitable activities; carrying out cultural, recreational and sports activities; protection of nature, historical and cultural monuments; patriotic and humanistic education; expansion of international relations; carrying out other activities not prohibited by law.

However, when creating public associations, certain prohibitions and restrictions are provided. Art. 13 of the Constitution of the Russian Federation and Art. 16 of the Federal Law “On Public Associations” establishes the provision that the creation and activity of public associations with the goal or method of action of overthrowing, violently changing the foundations of the constitutional system and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial , national or religious hatred, committing other criminal acts. The creation and activities of public associations that infringe on the health and morals of the population, the rights and interests of citizens protected by law are persecuted by law.

Let us note that restrictions on the creation of certain types of public associations can only be established by federal law.

Public associations are created and operate on the basis of the principles of voluntariness, equality, self-government, legality and transparency. Public associations are free to determine their internal structure, goals, forms and methods of activity.

All public associations have their characteristic features:

a) are formed by individuals and legal entities on a voluntary basis;
b) due to their nature, they do not have government powers and are not recognized as subjects of lawmaking. The source of their powers of a legal nature can only be regulatory legal acts;
c) act on their own behalf;
d) are not commercial organizations pursuing profit-making as the goal of their activities.

Public associations can be divided (classified) according to different criteria.

Depending on the organizational and legal forms, a public organization, a social movement, a public foundation, a public institution, a public initiative body, unions of public associations, and political public associations (political parties) are distinguished.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens. Members of a public organization can be individuals and legal entities - public associations, unless otherwise established by the Federal Law “On Public Associations” and laws on certain types of public associations.

The highest governing body of a public organization is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting. In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization.

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

The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting. In the case of state registration of a social movement, its permanent governing body exercises the rights of a legal entity on behalf of the social movement and performs its duties.

A public foundation is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and to use this property for socially beneficial purposes.

The governing body of a public fund is formed by its founders or participants or by a decision of the fund’s founders, adopted in the form of recommendations or personal appointments, or by election by participants in a congress (conference) or general meeting. In case of state registration, the fund carries out its activities in the manner prescribed by the Civil Code (Civil Code) of the Russian Federation.

In addition to the Federal Law “On Public Associations” that we are considering, issues of the formation and functioning of public funds are regulated by other laws and by-laws. Examples are Federal Law No. 75-FZ of May 7, 1998 “On Non-State Pension Funds” and the Decree of the Government of the Russian Federation of December 23, 1999.

No. 1432 “On approval of the Rules for the placement of pension reserves of non-state pension funds and control over their placement.”

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

Management of a public institution and its property is carried out by persons appointed by the founder. An institution may create a collegial body elected by participants who are not the founders of the institution and consumers of its services. This body may have the right of an advisory vote with the founder, but cannot dispose of the property of a public institution, unless otherwise established by the founder. In the case of state registration of an institution, it carries out its activities in the manner established by the Civil Code of the Russian Federation.

A public initiative body is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and implementation of the programs of the public body amateur performances at the place of its creation. A public initiative body is formed on the initiative of citizens 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. In case of state registration, it acquires the rights of a legal entity.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent documents (agreements, charters, public associations).

Political parties as a type of public associations received their legislative codification in the Federal Law of July 11, 2001 No. 95-FZ “On Political Parties”.

A political party is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as for the purpose of representing the interests of citizens in government bodies and bodies local government. The goals and objectives of a political party are set out in its charter and program.

Depending on the territorial scope of activity, public associations can be all-Russian, interregional, regional and local.

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

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

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

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

Public associations can be divided according to their field of activity, form of direct subordination and educational goals.

By field of activity, public associations are divided into associations operating independently of the industry or sphere of government (for example, political parties), and associations operating in certain industries and areas of management (for example, scientific, cultural, educational, etc.).

According to the form of direct subordination, public associations are divided into associations led by corresponding superior associations and their bodies (for example, trade unions), and associations operating autonomously (for example, public legal advice).

According to the purposes of education, public associations are divided into political parties, creative unions, religious associations, physical education and sports societies, societies for the protection of consumer rights, etc.

Fundamentals of the administrative and legal status of public associations

Members and participants of youth public associations can be citizens who have reached the age of 14 years, and children's associations - 10 years old.

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

When creating public associations, the rights and obligations of their founders are specified in the charters of the associations. The charter must provide:

• name, goals of the public association, its organizational and legal form;
• the structure of the association, the governing and control and audit bodies of the public association, the territory within which the association operates;
• conditions and procedure for acquiring and losing membership in a public association, rights and obligations of members of this association (only for an association providing for membership);
• the competence and procedure for forming the governing bodies of the association, the terms of their powers, the location of the permanent governing body;
• rules for making changes and additions to the charter of a public association;
• sources of formation of funds and other property of the association, the rights of the association and its structural divisions for property management;
• 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.

A public association has the right not to register with the Federal Registration Service. But in this case it does not acquire the rights of a legal entity. As for political parties, their state registration is mandatory.

State registration of all-Russian and international public associations is carried out by the Federal Registration Service; interregional association - by the bodies of the Federal Registration Service at the location of the permanent governing body of the association; regional and local public associations - territorial bodies of the Federal Registration Service.

For state registration of a public association the following must be submitted:

• an application to the registration body, signed by members of the permanent governing body of this public association, indicating the place of residence of each;
• charter of the public association in two copies;
• an extract from the minutes of the founding congress or general meeting containing information about the creation of the association, the approval of its charter and the formation of governing and control and audit bodies;
• information about the founders;
• documents confirming payment of the registration fee and provision of a legal address to the public association;
• minutes of founding congresses (conferences) or general meetings of structural units for international, all-Russian and interregional public associations;
• when a public association uses a citizen’s personal name or symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright - documents confirming the right to use them.

Documents are submitted for state registration within three months from the date of the founding congress (conference) or general meeting.

The body registering a public association is obliged to review the application for registration within a month and make a decision: to register the association and issue the founders with a certificate of registration, or to refuse state registration of the association and issue the founders a written document with the reasons for the refusal, which can be appealed in court.

The body of the Federal Registration Service enters it into the Unified State Register of Legal Entities and issues a certificate of state registration to the public association. As for the political party, sample forms of certificates of state registration of a political party, its regional or structural subdivision were approved by Order of the Ministry of Justice of Russia dated August 29, 2001 No. 256 “On approval of sample forms of certificates of state registration of a political party, its regional branch, structural subdivision "

Essential elements of the administrative and legal status of public associations are their rights and obligations.

To achieve its statutory goals, the association has the right:

• freely disseminate information about its activities;
• take part in the development of decisions of state authorities and local governments in the manner and extent provided for by law;
• hold meetings, rallies, demonstrations, processions and picketing;
• establish mass media and carry out publishing activities;
• represent and defend their rights, legitimate interests of members and participants, as well as other citizens in government bodies, local governments and public associations;
• exercise in full the powers provided for by the laws on public associations;
• take initiatives on various issues of public life, make proposals to government bodies;
• participate in election campaigns in accordance with federal laws and laws of constituent entities of the Russian Federation.

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

In its activities, a public association is obliged to:

• comply with legislation, generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its charter and other constituent documents;
• annually publish a report on the use of its property or ensure accessibility of the said report, inform the body registering the association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the association in the amount of information included in the unified state register of legal entities;
• submit, at the request of the body registering the association, decisions of the governing bodies and officials of the association, as well as annual and quarterly reports on its activities to the extent of the information provided to the tax authorities;
• allow representatives of the body registering associations to attend events held by the public association, as well as assist representatives of the body registering public associations in familiarizing themselves with the activities of the association.

Public associations can carry out entrepreneurial activities as long as it serves the achievement of the statutory purposes for which they were created.

A public association may be reorganized by decision of a congress (conference) or general meeting. State registration of an association newly formed after reorganization is carried out in the order indicated above. The property of an association that is a legal entity passes after its reorganization to newly established legal entities in the manner prescribed by the Civil Code of the Russian Federation.

Liquidation of a public association is carried out either by decision of the congress (conference) or general meeting in accordance with the charter of the association, or by judicial procedure. The decision to liquidate an association that is a legal entity is sent to the body that registered the association in order to exclude the said association from the unified state register of legal entities.

In addition, the law provides for the liquidation of a public association and a ban on its activities in cases of violation of the legislation of the Russian Federation.

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

• violation by a public association of human and civil rights and freedoms;
• repeated or gross violations by a public association of the Constitution of the Russian Federation, federal constitutional laws, federal laws or other regulatory legal acts, or the systematic implementation by a public association of activities that contradict its statutory goals.

An application to the court for the liquidation of interregional, regional and local public associations is submitted by the prosecutor of the corresponding subject of the Federation in the manner prescribed by the Law of the Russian Federation “On the Prosecutor's Office of the Russian Federation”.

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

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

A public association may be liquidated, and the activities of a public association that is not a legal entity may also be prohibited in the manner and on the grounds provided for by Federal Law No. 114-FZ of July 25, 2002 “On Combating Extremist Activities.”

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

The body registering public associations exercises control over the compliance of their activities with the statutory objectives. He has the right:

• request the governing bodies of public associations for their administrative documents;
• send their representatives to participate in events held by public associations;
• in case of detected violations, issue a written warning.

Financial authorities exercise control over the sources of income of public associations, the amount of funds they receive and the payment of taxes in accordance with the legislation of the Russian Federation on taxes.

Control (supervision) over the implementation by public associations of existing norms and standards can be carried out by environmental, fire, epidemiological and other government bodies.

If public associations violate the law, persons who are members of the governing bodies of these associations bear responsibility for the violations committed. When associations commit criminally punishable acts, persons included in the governing bodies of these associations, if proven guilty of organizing these acts, may, by a court decision, be held liable as leaders of criminal communities. Other members and participants of such associations are responsible for those criminal acts in the preparation or commission of which they participated.

The activities of an association may be suspended by a court.

Public associations, in accordance with their charters, may empower association leaders to act on behalf of the association and perform legally significant actions. In these cases, the leaders (representatives, employees) of the association act as subjects of law, including administrative law.

Russian public associations, in accordance with their charters, can join international public associations, acquire rights and bear responsibilities corresponding to the status of these international public associations, maintain direct international contacts and connections, and enter into agreements with foreign non-profit, non-governmental associations.

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

Let's take a closer look at some types of public associations.

The status of trade unions is determined by Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activity.”

A trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests.

Trade unions are independent in their activities from executive authorities, local governments, employers, political parties, and are not accountable or controlled by them. They protect the right of their members to work, negotiate and conclude collective agreements with the administration, and monitor their implementation. Trade unions also monitor compliance with labor legislation and its protection, have the right to organize and conduct strikes, meetings, street marches and demonstrations, picketing and other collective actions in accordance with federal law, using them as a means of protecting the social and labor rights and interests of workers.

Trade unions have significant legal opportunities to actively influence lawmaking on issues of protecting the social rights and interests of workers. Proposals from trade unions and associations must be taken into account by federal government bodies when considering draft legislative acts affecting the social and legal rights of workers; Executive authorities and local governments adopt draft regulations on such issues, taking into account the opinions of the relevant trade unions.

Trade unions play an important role in protecting the labor rights of workers. In established cases, termination of an employment contract with an employee - a member of a trade union - on the initiative of the employer can be carried out only with the prior consent of the relevant trade union body.

Trade unions have certain rights that provide them with the opportunity to influence the formation of power structures. Thus, they have the right to participate in elections of state authorities and local governments; on a parity basis with other partners, participate in the management of state social insurance funds, employment, health insurance, pension and other funds; interact with state bodies and local governments on the development of sanatorium-resort treatment, recreational facilities, tourism, physical culture and sports.

The employer may transfer for free use to trade unions buildings, structures, premises and other objects that are on the balance sheet of the organization or rented by it, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural, educational, physical education and recreational work with employees and members of their families. At the same time, economic maintenance, repairs, heating, lighting, cleaning, security, as well as equipment of these facilities are carried out by the organization, unless otherwise provided by a collective agreement or agreement.

In addition to the rights provided for by the Federal Law on Trade Unions, their rights and guarantees for activities in the field of social insurance and health care, social security, and improvement of workers’ living conditions are established by other federal laws, as well as laws of the constituent entities.

With the revival of the Cossacks, a number of regulations have been adopted in our country to promote the development of Cossack societies. Thus, the Decrees of the President of the Russian Federation approved: Temporary regulations on the state register of Cossack societies in the Russian Federation, Regulations on attracting members of Cossack societies to public and other service, charters of the Siberian, Transbaikal, Terek, Yenisei military Cossack societies.

The regulations on attracting members of Cossack societies to state and other services define the types of service to which they are involved and the procedure for attracting them to public service. Thus, members of Cossack societies:

• perform military service in the manner established by federal legislation;
• are involved in the protection of the State Border of the Russian Federation as part of public formations;
• are involved in the production and supply of agricultural products, raw materials and food for the needs of the Armed Forces of the Russian Federation and other troops.

In addition, they may be involved:

• to the protection of public order;
• protection of objects under state and municipal ownership, as well as cargo escort;
• participation in activities related to the elimination of the consequences of natural disasters and assistance to victims;
• participation in customs protection as part of the customs authorities of the Russian Federation;
• participation in huntsman, environmental and environmental services, as well as control over the use and protection of lands;
• protecting forests from fires and protecting them from pests and diseases;
• protection of life support facilities for the population.

The involvement of members of Cossack societies is carried out by interested federal executive authorities and executive authorities of the constituent entities of the Federation, as well as local government bodies.

Federal Law of December 5, 2005 No. 154-FZ “On the State Service of the Russian Cossacks” further strengthened the administrative and legal status of the Cossacks and established that the Russian Cossacks have the right to perform all types of public service: civil, military and law enforcement. Cossacks may also be involved in municipal service, provided that the Cossack society, whose members have duly assumed obligations to perform municipal service, is included in the state register of Cossack societies of the Russian Federation.

Religious associations occupy a special place among public associations. In accordance with Federal Law No. 125-FZ of September 26, 1997 “On Freedom of Conscience and Religious Associations,” a religious association in the Russian Federation is recognized as a voluntary association of citizens of the Russian Federation and other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of joint confession and spread of faith and possessing characteristics corresponding to this goal:

• religion;
• performance of divine services, other religious rites and ceremonies;
• teaching religion and religious education of its followers.

Religious associations can be created in the form of religious groups and religious organizations.

A religious group carries out its activities without state registration and acquiring the legal capacity of a legal entity.

A religious organization must be registered as a legal entity.

Religious organizations, depending on the territorial scope of their activities, are divided into local and centralized.

A local religious organization is a religious organization consisting of at least 10 participants who have reached the age of 18 and permanently reside in the same locality or in the same urban or rural settlement.

A centralized religious organization is a religious organization consisting, in accordance with its charter, of at least three local religious organizations.

The founders of a local religious organization can be at least 10 citizens of the Russian Federation, united in a religious group that has confirmation of its existence in a given territory for at least 15 years, issued by a local government body, or confirmation of inclusion in the structure of a centralized religious organization of the same religion , issued by the specified organization.

A religious organization operates on the basis of a charter, which is approved by its founders or a centralized religious organization and must meet the requirements of the civil legislation of the Russian Federation.

State registration of religious organizations is carried out by the Federal Registration Service and its territorial bodies.

A religious organization may be denied state registration if:

• the goals and activities of a religious organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation (with reference to specific articles of laws);
• the organization being created is not recognized as a religious one;
• the charter and other documents submitted do not comply with the requirements of the legislation of the Russian Federation or the information contained in them is unreliable;
• an organization with the same name was previously registered in the Unified State Register of Legal Entities;
• the founder is incompetent.

What prohibitions exist regarding religious associations? Firstly, Federal Law prohibits the creation of such associations in government bodies, other government bodies, state institutions and local governments, and military units. Secondly, the creation and activities of religious associations whose goals and actions contradict the law are prohibited. Therefore, in the event of repeated or gross violations of the norms of the Constitution of the Russian Federation, the Federal Law on Religious Associations and other federal laws, or in the case of a religious organization systematically carrying out activities that contradict the goals of its creation, such an organization may be prohibited and liquidated by a court decision.

Supervision over the implementation of the legislation of the Russian Federation on freedom of conscience, freedom of religion and religious associations is carried out by the prosecutor's office of the Russian Federation. And the body that registered a religious organization monitors its compliance with the charter regarding the goals and procedure of its activities.

Federal Law (Article 13) grants the right to a foreign religious organization to open its representative office on the territory of the Russian Federation. The regulations on the procedure for registration, opening and closing of representative offices of foreign religious organizations in the Russian Federation were approved by Decree of the Government of the Russian Federation of February 2, 1998 No. 130.

It should be noted that the President of the Russian Federation pays a lot of attention to the issues of interaction between federal government bodies and various public associations. This is facilitated, in particular, by Decree of the President of the Russian Federation of November 6, 2004 No. 1417 “On the Council under the President of the Russian Federation for promoting the development of civil society institutions and human rights”, Federal Law of April 4, 2005 No. 32-FZ “On Public Chamber of the Russian Federation”, as well as Decree of the President of the Russian Federation of September 28, 2005 No. 1138 “On approval of members of the Public Chamber of the Russian Federation”.

Introduction

I. Public associations as subjects of administrative law

1. The concept of a public association

2.Public associations and executive power

3. Rights and obligations of public associations

II.Administrative and legal status of non-profit organizations

1.The concept of a non-profit organization

2. Administrative and legal relations in the field of activity of trade unions

3.Administrative and legal status of charitable organizations.

III.Administrative and legal status of religious public associations

1.Legislative regulation of the activities of religious public associations. Relations between justice authorities and religious public associations

2. Administrative and legal relations in the field of activity of religious associations

Conclusion

Bibliography

Expanding democratic processes in society and increasing the social activity of citizens contribute to the realization of their rights and legitimate interests through the creation of various types of public associations. That is why in the Russian Federation the number of public associations is increasing from year to year.

“Over five years, the Ministry of Justice of the Russian Federation alone has registered 2,846 public associations (including 85 political parties and 105 public movements). In general, throughout the country, the justice authorities have registered more than 35 thousand such formations, including almost 1.5 thousand political parties.”

The basis of the legal status of public associations is the constitutional norm on the right of citizens to associate and guaranteed freedom of activity of public organizations.

The existing system of public associations practically covers all aspects of social life. Conventionally, they can be classified according to the field of activity (political, economic, social, cultural, sports, etc.) and territories (all-Russian, interregional, regional, local, international), etc. According to the organizational and legal forms of association, they can be classified as: organizations, movements , foundations, public institutions and public initiative bodies, which can in turn be divided into centralized and non-centralized. Based on the number of participants, they are divided into mass and elite, and by nature - fixed and non-fixed membership. It should also be taken into account that in addition to the mentioned public associations, there are many that have not applied for registration or, having been refused, operate essentially illegally.

Considering public associations as one of the subjects of administrative law, it should be emphasized that this is one of the fundamental constitutional and legal institutions. The rules on public associations are contained in parts 4, 5 of Art. 13; Part 2 Article 19; Part 1 Art. thirty; Part 2 Art. 46 of the Constitution of the Russian Federation. These articles provide a general description of public associations as subjects of Russian law.

A more detailed and specific description of public associations as a subject, in particular, of administrative law, is contained in the Federal Law of May 19, 1995 “On Public Associations” No. 21, Art. 1930, other federal laws, regulations, as well as in the charters of unions and associations and other citizens' associations.

The Constitution of the Russian Federation, the Federal Law of Generalized Associations, and other laws of the Russian Federation formed the legislative basis of public associations. It, in particular, consists of laws on certain types of public associations: “On trade unions, their rights and guarantees of activity” of January 12, 1996; “On Non-Profit Organizations” dated January 12, 1996; “On freedom of conscience and religious associations” dated September 26, 1997. and etc.

“A public association is a voluntary, self-governing, non-profit formation, created on the initiative of citizens united on the basis of common interests to achieve the goals specified in the charter of the public association,” says Art. 5 of the Federal Law of May 19, 1995, “On Public Associations.” This Law provides for various forms of citizens’ exercise of the constitutional right to association. Citizens have the right to unite in political parties, trade unions, charities and other organizations. The activities of such associations are regulated not only by the aforementioned Law, but also by special federal legislation.

Voluntary formation is the most important feature of a public association. At the same time, citizens have the right to create public associations of their choice without prior permission from executive authorities and local governments.

Public associations created by citizens are either registered in the prescribed manner and acquire the rights of a legal entity, or operate without state registration and acquisition of the rights of a legal entity.

Members of a public association can be individuals and legal entities - public associations, whose interest in jointly solving the problems of this association is formalized by individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as its members.

The legislation distinguishes five organizational and legal forms of public associations, created in the form of an organization, a movement, a foundation, an institution and a public initiative body, however, fixed membership is provided for by the Law only for public organizations. At the same time, clear legal differences are established between movements, foundations, public institutions and public initiative bodies.

Each of these associations has its own characteristics.

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

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

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

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

Social movement is a mass public association consisting of participants and without membership, pursuing social, political and other socially useful goals supported by participants in the social movement. The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting.

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

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

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

Public institution– a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association. Management of the public institution and its property is carried out by persons appointed by the founder (founders). In accordance with the constituent documents, a collegial body may be created in a public institution, elected by participants who are not the founders of this institution and consumers of its services.

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

Federal Law of July 19, 1998 No. 112 - Federal Law “On Amendments and Additions to the Federal Law “On Public Associations”” introduces Article 12.1, according to which “ political public association is a public association, in the charter of which, among the main goals, participation in the political life of society should be enshrined through influencing the formation of the political will of citizens, participation in elections to state authorities and local governments through the nomination of candidates and the organization of their election campaign, participation in the organization of the ideas of these bodies.”

Public associations may voluntarily unite in associations (unions). Members of the association (union) retain their independence and legal personality. The name of the association (union) must contain an indication of the main subject of activity of its members with the inclusion of the words “association” and “union”.

The specificity of a public association as a subject of administrative law is manifested in the relationship of the association with government bodies, primarily with executive authorities.

In the process of organizational registration of the status of an association and vesting it with the rights and obligations of a legal entity, registration relations arise. The subjects of administrative relations in this case, on the one hand, are the federal Ministry of Justice or its territorial bodies in the constituent entities of the Federation, and on the other, the founders of the public association: individuals or legal entities applying to grant the association the status of a legal entity. Registration relations are optional - the activities of the association in accordance with the Federal Law on Public Associations are not conditioned by the fact of state registration. Such relations do not arise if the founders do not want to give the association the legal capacity of a legal entity. It should be noted that public associations are liable for illegal actions, regardless of whether they are registered or not, in accordance with Art. 41 of the Law on Public Associations.

Of fundamental importance in the status of public associations as subjects of administrative and legal relations are their relationships with the state, its bodies and officials. The law on generalized associations brings its own peculiarities to the solution of this problem. The constitutional understanding of the relationship between associations and the voluntariness of membership in them. The law on public associations only declares a ban on the intervention of public authorities and their officials in the activities of associations, but in fact allows for its diverse legal forms.

Insufficient specificity of the content of registration relations creates the basis for abuses by officials - the Law on Generalized Associations provides for eight legal grounds for refusing registration, at least two of which contain features that suppress different interpretations of the relevant norm.

The law contains declarative provisions on the illegality of the creation and activities of associations, the goals and actions of which are aimed at violently changing the foundations of the constitutional system, undermining the security of the state, etc. Usually, these concepts in everyday understanding are identified with the doctrine of “fascism”, but its characteristics are not enshrined in law. In any case, the founders have the right to regard restrictions on the activities of public associations or, moreover, refusal to register on the basis of the above provisions as abuse of an official.

From a legal point of view, it is unconvincing to refuse to register an association if its name offends the morality, national and religious feelings of citizens. Essentially, such registration is permitted if the characteristics regarded as illegal are contained in the charter of a public association and are not reflected in its name.

Registration relations also arise in the event of changes and additions to the charters of public associations, which is fraught with significant difficulties for them. It is hardly advisable to provide repeated information about the founders of the association and the formation of the governing and control and audit bodies if their personal composition has remained unchanged.

Administrative-legal relations also arise in the process of exercising control powers of justice authorities over the compliance of the activities of public associations with their statutory goals, as well as financial authorities - in accordance with their competence. In this case, only the right of the bodies exercising control is provided to request administrative documents of associations, but the law does not stipulate the obligation to present them, as well as the responsibility of associations in connection with the refusal of the application of the control bodies. Thus, the content of the control powers of government agencies is very uncertain.

The exercise of control powers by judicial authorities is also associated with objective difficulties. Carrying out general control over the activities of public associations, as provided for by the Law, is actually incompatible with the material, technical and personnel potential of the justice authorities.

The law also provides for another method for the implementation of their control powers by the justice authorities. Such bodies “have the right to send their representatives to participate in events held by public associations.” In this case, the Law did not specify exactly what events are meant. State bodies have the right to exercise control not in all areas of the associations’ activities. Uncontrolled powers include creative events, festivals, scientific symposiums and similar actions of associations operating in the field of culture. There may be attempts by the justice authorities to control and these activities will constitute a violation of one of the fundamental constitutional rights of citizens - the right to freedom of creative activity. The justice authorities have the right and obligation to control only the activities carried out by the governing and control and audit bodies of associations.

The law provides for two cases of application by the justice authorities of sanctions to public associations that have committed illegal actions:

1. Identification of violations of the legislation of the Russian Federation;

2. Committing actions contrary to their statutory goals.

Thus, judicial authorities have the right to perform functions characteristic of judicial authorities. These include, first of all, the interpretation of laws and the application of sanctions entailing certain legal consequences that can only occur when written warnings were issued twice, and the association did not appeal them in court (by a court decision, the activity of the association can be suspended in this case).

Suspension of the activities of a public association and its liquidation are two interrelated procedural actions that differ in the content of the emerging legal relationship. If the powers to suspend the activities of associations are vested in the judicial authorities and the prosecutor's office, then petitions for the liquidation of associations can be initiated only upon the application of the Prosecutor General of the Russian Federation and the prosecutors of the constituent entities of the Federation subordinate to him.

Suspension of the activities of a public association does not entail a ban on entrepreneurial or production-creative activities, while the fact of liquidation means the loss of all powers of the legal entity.

There are obvious differences in the content of control and supervisory functions. Supervision over compliance with laws by public associations is the exclusive prerogative of the prosecutor's office. The concept of “control” is significantly narrower in content, since the implementation of control functions by judicial authorities is intended to confirm the compliance of the activities of public associations with their statutory goals.

The control powers of judicial authorities are not related to the fact of registration. In accordance with the Law on Public Associations, making decisions on the creation of an association, approval of its charter and the formation of its governing and control and audit bodies means that the association bears all rights with the exception of the rights of a legal entity, and assumes all responsibilities provided for by the current legislation of generalized associations. Consequently, the control powers of the justice authority can be exercised from the moment the association is created. On the same day, the association assumes the following obligations to the justice authorities:

· annually inform the justice authorities about the continuation of its activities, indicate all changes in its details and changes in the personnel of the governing bodies;

· submit, at the request of the justice authority, decisions of governing bodies and officials, as well as annual and quarterly reports on their activities in the same manner and to the extent that they are submitted to the tax authorities;

· assist in every possible way to officials of justice bodies in the exercise of their control powers, to admit them to ongoing events.

If a public association, including one not registered with the justice authorities, commits a violation of the law, it bears the responsibility established by law. If the law is violated by public associations that are not registered with the justice authorities, the persons who are members of the governing bodies of these associations bear responsibility for the violations committed. When associations commit criminally punishable acts, persons included in the governing bodies of these associations, if proven guilty of organizing these acts, may, by a court decision, be held liable as leaders of criminal communities. Other members and participants of such associations are responsible for those criminal acts, in preparation or in which they participated.

3. Rights and obligations of public associations.

To achieve its statutory goals, the association has the right:

· freely disseminate information about your activities;

· take part in the development of decisions of state authorities and local governments in the manner and extent provided for by law;

· hold meetings, rallies, demonstrations, processions and picketing;

· establish mass media and carry out publishing activities;

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

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

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

· participate in election campaigns (in the case of state registration of an association and if the charter of this association contains a provision for training it in elections).

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

In its activities, a public association is obliged to:

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

· annually publish a report on the use of its property or ensure accessibility of the said report, inform the body registering the association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the association and information included in the unified state register of legal entities;

· submit, at the request of the body registering associations, as well as annual and quarterly reports on its activities to the extent of the information provided to the tax authorities;

· allow representatives of the body registering associations to attend events held by the public association, as well as assist representatives of the registering public association in familiarizing themselves with the activities of the association.

Public associations can carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which they were created and correspond to these goals.

The state ensures compliance with the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits to them.

The legal status of a non-profit organization is in many ways identical to the status of a public association. In accordance with the Federal Law of January 12, 1996. “About non-profit organizations” non-profit organizations are those that do not set profit as their main goal and do not distribute profits among participants. This is the most important feature of any public association.

Another feature of the status of a non-profit organization is the implementation of social priority tasks. The main goal of any non-profit organization is to satisfy the spiritual and other non-material needs of citizens. The Law on Public Associations identifies the concept of a non-profit organization and a public association (Article 5), - this is indicated by the identical methods of creation and goals of organizations and public associations.

At the same time, there are fundamental differences between the basic Law of Generalized Associations and the Law on Non-Profit Organizations in the legal regulation of the activities of non-profit associations. First of all, the Law on Non-Commercial Organizations practically does not allow an organization to operate without its state registration, and the Law on Public Associations provides for the possibility of an optional regime of registration relations: the association independently solves the problem of participation in administrative and legal relations with the justice authorities, while an alternative option is also allowed - the public association has the right to function without state registration and do not have the powers of a legal entity. In this case, the contradictions in laws are obvious. Consequently, the problem of the legal basis for registration has not been resolved: are non-profit organizations subject to registration as public associations, or are they registered on the basis common to all legal entities, in the manner prescribed by Article 51 of the Civil Code of the Russian Federation.

Non-profit organizations enter into administrative and legal relations in the process of creation, reorganization or liquidation. The subject of such relations are individuals or legal entities applying for the creation of a non-profit organization, or to change its status, and the federal executive body entrusted with the functions of registering the organization. With regard to religious public organizations, these functions are carried out by the Federal Ministry of Justice or its territorial bodies in the constituent entities of the Federation.

The relationship between non-profit organizations and government bodies is largely determined by the social priority functions inherent in organizations.

State authorities have the right to provide organizations with benefits in the payment of taxes, customs and other fees and charges, fully or partially exempt them from fees for the use of federal and municipal property, and provide other advantages and benefits.

The forms of control over the activities of non-profit organizations are defined by the Law only in the most general form. Among the executive authorities to which organizations are obliged to provide information about their activities, only state statistics bodies and tax authorities are specifically indicated, but it is obvious that their list is much wider. In particular, in some cases, control functions in this area are carried out by justice agencies, internal affairs bodies and security agencies. The forms and methods of implementation of control bodies, the list of information provided to them are determined by the Law on Non-Profit Organizations. It settled mainly property and other civil law problems: the relationship between state bodies and non-profit organizations was never properly regulated.

Among public associations, trade unions have a special status. The definitions of “trade union” and “non-profit organization” are largely similar. These are associations aimed at ensuring and protecting the socially-priority interests of the individuals who created them. Citizens united in a trade union are bound by a commonality of production and professional interests. The status of trade unions resembles the legal status of many types of associations, since the statutes of almost all of them (creative unions, community associations, charitable and youth organizations, religious associations) provide for one or another organization of social and legal protection of labor rights and interests of individuals. Trade unions can only be created in the form of an organization.

Among the administrative-legal relations in the activities of trade unions, their relationships with the executive, legislative and judicial authorities are of particular importance. Article 5 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” of January 12, 1996 enshrines the principle of independence of trade unions in their activities from executive authorities and local governments. The law socially stipulates that trade unions are not accountable and not controlled by these bodies. These bodies and their officials are prohibited from interfering with the activities of trade unions in cases where this “may entail a restriction of the rights of trade unions or impede the legitimate exercise of their statutory activities.”

Trade unions and their members depend on the legislative authorities: its instructions, embodied in the form of a federal law or a law of a constituent entity of the Federation, are binding on all its members, and in some cases (for example, the Labor Code) directly affect the status of trade unions, the competence of its bodies, rights and responsibilities of their members. In the process of legislative regulation, some restrictions on the rights of trade unions are allowed, for example, when citizens united in a trade union exercise their right to strike and other types of collective protest against the actions of employers (see Article 31 and Part 4 of Article 37 of the Constitution) .

The legislation on public associations provides for special forms of registration relations that arise between persons applying for the creation of a trade union and justice authorities. The Law on Trade Unions provides for notification state registration: trade unions, associations, primary trade union organizations within a month from the date of formation send the necessary documents to the Ministry of Justice of Russia or its territorial bodies, after which the latter is obliged to register them. The Basic Law on Public Associations provided for a procedure for refusing to register an association on any other legal basis. In accordance with Part 1 of Article 8 of the Law on Trade Unions, refusal to register them is not allowed, however, Part 2 of this article still provides for the possibility of judicial authorities refusing registration or evading it and appealing these actions in court. “Thus, actions recognized by the Law as illegal are qualified by the same legal prescription as legitimate! The disadvantage of the Trade Union Law is that it provides a procedure and legal grounds for refusing state registration to trade unions.”

The exercise by trade unions of their rights enshrined in the Law is the most common form of relationship between trade unions and the executive branch.

The subjects of administrative-legal relations in this case are the employer represented by the head of the executive body and the relevant officials and a representative of the trade union body. The social relations that arise in this area have all the signs of administrative and legal relations. First of all, they are characterized by inequality of sides. Subordination is manifested in the fact that the Law provides for the rights of trade unions in their relations with employers, and the obligations of the latter to satisfy these rights. Government bodies at any level are required to coordinate with trade unions draft legislative acts affecting the social and labor rights of workers. The same responsibility applies to executive authorities when developing draft relevant normative legal acts.

The legislation provides for certain types of regulations of executive authorities that require coordination with the trade union in the process of not only their development, but also their implementation. Among them are acts providing for the liquidation of an enterprise, institution, or its divisions.

The liquidation process can occur both on the initiative of the trade union itself and on the initiative of the judicial authorities, including the prosecutor's office of Russia.

A special status in the sphere of executive power is not characteristic of the relationship between trade unions and the judiciary, including the prosecutor's office. The latter have the right to exercise control and supervision over their activities, and their powers are not limited to any specific area, as provided for by the Law on Trade Unions in the case of the exercise of control functions by executive authorities.

The Law on Public Associations stipulates that the activities of certain types of public associations can be regulated in special laws. The first among them was the Federal Law of August 11, 1995 “Charitable Activities and Charitable Organizations.” According to this Law, a charitable organization must comply with all the basic characteristics of a public association, defined by the Law of Generalized Associations. Created to implement socially-priority goals, a non-profit charitable organization must have the most important property: its activities must be disinterested in nature - free of charge or on preferential terms. Preferential conditions mean providing philanthropists with certain benefits and advantages (primarily of a material nature) that stimulate this type of socially-priority activity. However, state guarantees - the provision of tax and property benefits - apply only to charitable organizations, but not to legal entities and individuals who are sponsors of charitable organizations (see Article 18 of the Law on Charitable Organizations).

Charitable organizations, like all other public associations, do not have the right to redistribute funds received as a result of business activities among their members or participants. In accordance with the article of the Law on Charitable Activities, a charitable organization does not have the right to use more than 20% of the financial resources spent during the financial year to pay administrative and managerial personnel. Thus, such a form of illegal redistribution of funds is impossible among members or participants of charitable organizations.

The grounds for the emergence and termination of administrative-legal relations, the subjects of which are charitable organizations, are largely the same as for non-profit organizations and trade unions. The Law on Charitable Activities, as well as the Law on Non-Profit Organizations, does not specify the state registration body for charitable organizations. This procedure must be carried out “in the manner established by federal laws.”

Administrative-legal relations arise in the process of granting various benefits and advantages to charitable organizations by executive authorities, for example, the transfer of ownership of state property.

The Law on a Charitable Organization regulates the forms of control in more detail: the authority that registers a charitable organization has the right to control its financial and economic activities “in terms of the use of property and the expenditure of funds.”

This means that all information confirming the legal obligations of the organization with any legal entities and individuals can be controlled. In addition to active forms of control carried out by officials of the registration authority directly on site, passive forms are also provided: a charitable organization, by submitting an annual report on its activities to the registration or tax authority, initiates the emergence of administrative-legal relations.

In addition to the control of the registration authority over the financial and economic activities of charitable organizations, an important place is given to the control of tax authorities, which control the sources of income of organizations, the amount of funds they receive and the payment of taxes. In this case, the control activities of the registration and tax authorities are largely identical: its object is the same information about the social and legal relations of charitable organizations. It is obvious that all types of financial control must be carried out by the tax authorities.

Thus, there are obvious differences in the legal regulation of the activities of public associations in the basic Law on Public Associations and in the laws adopted later on certain types of public associations. The status of certain types of legal entities, for example, production cooperatives, is very similar to the legal status of public associations. However, this form of joint activity of citizens has the main goal of generating profit, which is completely unacceptable for the status of non-profit associations.

Of course, they can pass special laws on certain types of associations, but their compliance with the requirements of the basic Law of Generalized Associations is mandatory. However, in fact this principle is not always observed.

The result of the long-term development of world religious and philosophical thought, as is known, was the formation of the church as a political institution of civil society. Despite the fact that the secular nature of the Russian state excludes the possibility of the church influencing the political life of society, the issue of freedom of conscience and its legal regulation is constantly in the focus of attention in our country by power structures: the state, its bodies, political parties. According to Art. 14 of the Constitution of the Russian Federation, the Russian Federation is declared a secular state: “No religion can be established as state or compulsory. Religious associations are separated from the state.” Until recently, the legal status of the church was regulated by the Russian law on freedom of religion of October 25, 1990. The adoption of the Law “On Freedom of Conscience and Religious Associations” marked a new stage in the development of church-state relations in Russia. Since 1990, profound changes have occurred in the political and socio-economic spheres of society, which largely predetermined the content of the new law.

If the main objectives of the previous law were to liberate religion from narrow state tutelage and provide citizens with the opportunity to freely practice their faith, the current law goes further in regulating religious life and establishes a number of fundamental provisions in the field of interaction between the state and faiths. The state's attention to organized forms of religious activity can be traced directly from the name of the law.

“An analysis of the law under discussion allows us to say that Russia has chosen its own special model of the relationship between political power and confessions, which differs from the state church regimes widespread in the world. The conceptual basis for relations between the state and religious associations in Russia was the idea of ​​cultural and historical selectivity, which consists in providing advantages to confessions on the basis of their special cultural and historical significance." The preamble recognizes the special role of Orthodoxy in the "history of Russia, in the formation and development of its spirituality and culture," and declares respectful in relation to Christianity, Islam, Buddhism, Judaism and other religions that constitute “an integral part of the historical heritage of the peoples of Russia.”

The leitmotif of the Federal Law of September 26, 1997 is to consolidate the preventive powers of law enforcement agencies: state authorities are interested in providing possible illegal activities of the so-called “totalitarian sects,” which exclude the voluntary basis of membership and prevent citizens from leaving the religious association. The mechanism of state licensing policy, embodied in the powers of federal ministries and departments for registration, licensing and control, is designed to prevent the infliction of property and moral harm to adherents of different religions. This is the main difference between the Federal Law “On Freedom of Conscience and Religious Associations” and the analogues of the national legislative systems of many foreign countries, which exclude any form of influence of the executive power on the process of creating a religious association, when law enforcement agencies only establish facts of criminal acts.

In the process of state registration of religious associations, the exercise by them of the powers of a legal entity, the control of judicial authorities over the activities of religious associations and their liquidation, administrative and legal relations arise.

Religious associations can be created in the form of religious groups and religious organizations. Only religious organizations registered with the justice authorities have the legal capacity of legal entities. The Federal Law of September 26, 1997, as well as the basic Federal Law “On Public Associations” of May 19, 1995, defines the status of optional and imperative regimes of registration relations, and their differences are determined by the intentions of the persons who created the religious group. If the goals of creating such a group are subsequent registration and obtaining the status of a religious organization, the initiators of its formation are obliged to notify municipal authorities about the activities of the group. The optional registration regime thus applies to religious groups whose founders do not intend to petition the justice authorities to grant them the status of a legal entity, and mandatory state registration is provided only for associations created in the form of a religious organization.

Only centralized religious organizations that have local religious organizations on the territory of two or more subjects of the Federation are subject to registration with the Ministry of Justice of the Russian Federation, and all other organizations are registered by territorial justice authorities. For the implementation of mandatory registration relations, the time limit for the activities of a religious association on the territory of the Russian Federation is of decisive importance.

The status of an all-Russian religious association applies only to centralized religious organizations that have been operating on the territory of Russia legally for at least 50 years by the time the organization applies to the justice authority for state registration. The founders of a local religious organization are required to confirm with the justice authority the fact of their activities in the relevant territory for at least 15 years. This temporary qualification does not apply to local religious organizations that operated as part of a centralized religious organization before state registration. It is characteristic that the law provides for confirmation by the founders of an all-Russian religious association of their activities on legal grounds during the entire period of the temporary qualification.

Administrative and legal relations that arise in the sphere of activity of religious associations are characterized by a combination of various types of licensing policies. The creation of a centralized religious organization is characterized by a special periodicity of registration relations: at the first stage of state registration, local organizations are subject to state registration, only after its completion the founder has the right to apply for registration of a centralized organization. To obtain this status, it is necessary to confirm the existence of three local organizations, therefore the state registration procedure is at least divided into four stages. In the event of a subsequent expansion of the activities of a centralized religious organization, for example, when it establishes new local organizations, registration relations between the justice body and the founders arise again. In order for religious associations to create institutions of professional and religious education, a combination of two different types of licensing policies is necessary. Such institutions are subject to state registration with the justice authority as a religious association, and in order to obtain the right to carry out educational activities, it is also necessary to issue a license from the Ministry of General and Professional Education of the Russian Federation.

The status of an all-Russian religious organization, provided for by the Federal Law “Freedom of Conscience and Religious Associations” of September 26, 1997, differs from the legal status of an all-Russian association created in accordance with the Federal Law “On Public Associations” of May 19, 1995. Despite the fact that a religious organization represents is a type of public association, the procedure for state registration of religious associations has been significantly simplified. To confirm the status of an all-Russian religious organization, the territorial aspect is taken into account by the body of the state registration procedure minimally: a subject of the Federation and nevertheless be called all-Russian.

The subjects of administrative and legal relations arising from state registration of an all-Russian public association and a Russian religious organization also differ significantly. In the second case, a registration certificate can also be issued to territorial justice authorities, while all-Russian public associations are subject to state registration only with the Ministry of Justice of Russia.

The liquidation of a religious association is also regulated by administrative law. As a rule, the initiator of the liquidation or ban of the activities of an association is the Ministry of Justice of the Russian Federation or its territorial body in a subject of the Federation, but the decision on the merits is made by the court. The federal law does not regulate the differences in the procedure for liquidation and prohibition of the activities of a religious association, however, the complete termination of the legal capacity of a religious organization as a legal entity is allowed only if it is liquidated by a court. A ban on the activities of an association is a temporary preventive measure, the purpose of which is to eliminate facts of violation of current legislation identified by a justice agency or other law enforcement agency in the process of exercising control functions.

Thus, the following social relations in the sphere of religious activities are regulated by the norms of administrative law:

1. When determining the status of a religious organization as a legal entity. Necessary conditions for the civil and administrative legal capacity of a religious association are state registration, and in some cases, vesting the organization with the powers of a licensee;

2. In the process of liquidating a religious association, banning its activities or controlling it. As a special type of control function, one can consider the obligation of a registered (centralized or local) religious association to annually submit information about the continuation of its activities to the justice authority;

3. Granting religious organizations ownership rights to religious buildings and structures;

4. When a clergyman exercises secular rights and duties, especially military duties. The head of state is given the right to grant a clergyman a deferment from conscription for military service and to exempt him from military training in time of peace;

5. During the implementation of religious rites and ceremonies. We are talking about the procedure for carrying out ritual activities in penitentiary institutions, the Armed Forces of the Russian Federation and departmental military formations.

Executive authorities monitor the compliance of internal regulations of religious organizations, primarily charters, with federal legislation. The executive branch also interacts with religious associations in determining the status of religious education institutions. Religious education or its basics can be obtained not only in institutions of religious education, but also in state or municipal educational institutions.

Other administrative and legal relations in the field of activity of religious associations arise in the following cases:

· in the process of regulating property relations;

· regulating the peculiarities of religion;

· in the process of carrying out teaching, educational and other creative activities in the public education system;

· exercising state control over the activities of religious public associations.

Administrative and legal specifics in the field of property relations are manifested, first of all, in the participation of executive authorities in securing ownership, lease and other rights of religious associations to prayer buildings where adherents of a given religion hold services or religious meetings. The practice of granting the executive authorities to religious associations certain powers of ownership in relation to objects of religious significance remains very widespread. Most often, these objects are transferred to associations for use, or for joint use with bodies of the Ministry of Culture.

The transfer of state property into the ownership of religious associations is most often carried out on the basis of a decision of the executive authority, and the regulation of the procedure for the alienation of property for religious purposes related to federal property is within the exclusive competence of the federal Government.

Resolving issues regarding the transfer of property to religious associations

for use or for joint use with institutions and

cultural organizations, carried out by the Ministry of Culture. The Ministry has the right to resolve property problems only in relation to objects that are historical and cultural monuments, religious buildings and structures with adjacent territories and other movable and immovable property for religious purposes located within these objects. The transfer to religious associations of property that is federal property, but is not a historical or cultural monument, is within the competence of the State Property Committee of Russia.

Executive authorities in some cases take part in the regulation of certain ritual features of religion, for example, the secret of confession, protected by law. Investigative actions provided for by the Criminal Procedure Code do not apply to clergy who have become aware of any circumstances from a citizen’s confession. Thus, a clergyman has immunity in the areas of criminal, civil, administrative and legal jurisdiction.

The administration of medical institutions, homes for the elderly and disabled, orphanages and boarding schools, places of pretrial detention and serving sentences (including punishment cells and cell-type premises) is obliged to provide citizens with conditions for the exercise of their right to freedom of religion, for example, provide separate premises for ritual sacraments, provide the necessary religious literature, objects of cult.

The above responsibilities apply to the systems of many federal ministries and departments that have their own medical and social rehabilitation institutions, as well as to the entire penitentiary system subordinate to the Ministry of Internal Affairs of Russia. However, most of these responsibilities do not apply to military units of the so-called “security” ministries and departments.

Executive authorities and religious associations interact in the process of teaching, scientific and other creative activities carried out in the public education system. In the public education system, teaching activities of clergy in religious studies without performing religious rituals are allowed, and the corresponding disciplines can be included in the curricula of educational institutions. Naturally, the implementation of these rights is impossible without the joint participation of secular and spiritual authorities in the development of religious studies training programs and the publication of relevant teaching aids. Restrictions on the rights of citizens to join the spiritual foundations of a particular faith, provided for by the Law on Freedom of Religion, apply only to the state education system. Despite the fact that the Law extends “freedom of thought and religion” also to minors, they are practically deprived of the opportunity to participate in sacred rites in state educational institutions and, thus, are unable to exercise their constitutional right of religious confession.

State authorities are authorized to monitor compliance with federal legislation on freedom of religion. The exercise of functions by executive authorities entails the emergence of administrative and legal relations with the corresponding religious association. Control of federal ministries and departments is the most important element of the competence of the federal executive body. The control functions of officials are of a state nature - they are carried out on behalf of and within the competence of the relevant ministries and departments.

It should be noted that secular authorities do not always adhere to the principle of a “neutral” attitude towards religious associations. The state recognized and recognizes the importance of the Russian Orthodox Church in the establishment and development of Russian statehood. The Russian Orthodox Church is the only public institution that has preserved the foundations of religion and canonical organization for thousands of years in the history of the Fatherland. A “neutral” attitude of the state towards the Russian Orthodox Church is impossible, since this would have to abandon centuries-old traditions embodied in state legal institutions. This is confirmed by the participation of the highest hierarchs of the Russian Orthodox Church in official state events, primarily in the inauguration ceremony of the first popularly elected President of Russia on August 7, 1996.

“On May 24, 2002, during church and public celebrations in honor of the saints Equal-to-the-Apostles Cyril and Mythodia, Metropolitan Kirill of Smolensk and Kaliningrad blessed the new governor of the Smolensk region V.N. Maslov... More than once before, the authorities at the federal and regional levels have officially recognized the privileged status of the Russian Orthodox Church. But this time the form of such recognition attracts attention: upon taking office, the highest official of the subject of the Russian Federation accepted a blessing from the church.” Part 4 of Art. 4 of the Federal Law “On Freedom of Conscience and Religious Organizations” directly prohibits accompanying the activities of government bodies with public religious rites and ceremonies. The rite of church blessing, specially timed to coincide with the assumption of office, cannot be considered a personal matter of a private individual. V.N. Maslova: he accepted the blessing as a person taking office as governor.

Quite often in recent years, senior leaders and politicians of our secular state, according to the Constitution of the Russian Federation, have publicly demonstrated their support for traditional faiths, but support for the Russian Orthodox Church has been especially noticeable.

Considering public associations as one of the subjects of administrative law, it should be emphasized that this is one of the fundamental constitutional and legal institutions. The rules on public associations are contained in parts 4 and 5 of Art. 13; Part 2 Art. 19; Part 1 Art. thirty; Part 2 Art. 46 of the Constitution of the Russian Federation. These articles provide a general description of public associations as a subject of Russian law. A more detailed description of public associations as a subject of administrative law is contained in the Federal Law of May 19, 1995 “On Public Associations,” which is the basic law regulating the organization, status and activities of public associations; as well as in other federal laws, regulations, as well as charters of unions, associations and other associations of citizens.

The current legislation of the Russian Federation regulates the activities of the public association system. It consolidates the status of unions of public associations and entities included in their systems. “The new legislation of the Russian Federation on public associations requires a clearer delineation of the functions of associations and state bodies.” The basic principles of their relationship are regulated by the currently valid Law on Public Associations.

It should be noted that the differences between the types of public associations are of a formal nature, which confirms the absence of any indications about the status of structural units. Although the Law provides for four types of such divisions, it does not define differences in the legal status of an organization, branch, branch and representative office. The solution to this problem is of utmost practical importance, since the fact of state registration of the association with the justice authorities depends on the presence of divisions on the territory of Russia.

There are obvious contradictions between the basic Law on Public Associations and the laws on individual public associations, as well as the contradictions between the regulatory legal acts of the constituent entities of the federation, issued on issues of joint jurisdiction with the central government, and federal laws, which does not correspond to Art. 76 of the Constitution of the Russian Federation.

I. Regulatory sources.

1. Constitution of the Russian Federation. M., 1993.

2. Federal Law of May 19, 1995 No. 82 - Federal Law “On Public Associations”. SZ RF, 1995, No. 21, art. 1930; 1997, No. 20 art. 22 31; 1998, No. 30, Art. 3608.

3. Federal Law of June 28, 1995 No. 98 - Federal Law “On state support of youth and children’s associations.” SZ RF, 1995, No. 25, art. 2343.

4. Federal Law of August 11, 1995 No. 135 - Federal Law “On Charitable Activities and Charitable Organizations”. SZ RF, 1995, No. 33, art. 3340.

5. Federal Law of January 12, 1996 No. 10 - Federal Law “On trade unions, their rights and guarantees of activity.” SZ RF, 1996, No. 3, art. 148.

6. Federal Law of January 12, 1996 No. 7 - Federal Law “On Non-Profit Organizations”. SZ RF, 1996, No. 3, art. 145; 1998, No. 48, Art. 5849.

7. Federal Law of September 26, 1997 No. 125 - Federal Law “On freedom of conscience and religious associations.” SZ RF, 1997, No. 39, art. 4465.

8. Federal Law of July 19, 1998 No. 125 - Federal Law “On Amendments and Additions to the Federal Law “On Public Associations””. SZ RF, 1998, No. 30, art. 3608.

II. Teaching aids.

1. Agapov A. B. Federal administrative law of Russia: Course of lectures. M.: “Yurist”, 1997.

2. Administrative law of Russia / Textbook in 3 parts. Ed. Koreneva A.P. Part I. M.: MJI Ministry of Internal Affairs of Russia. Publishing house "Shield-M".

3. Administrative law: Textbook / Ed. Yu. M. Kozlova, L. L. Popova. M.: “Yurist”, 1999.

4. Gabrichidze B.N., Chernyavsky A.G. Administrative law. M.: TK Velby LLC, 2002.

III. Journal publications.

1. Agapov A... B. Some problems of information and legal support for the activities of public associations in the Russian Federation // State and Law, 1994, No. 2.

2. Agapov A. B. Church and executive power // State and law, 1998, No. 4.

3. Dozortsev P. Constitutional and legal foundations of freedom of conscience in Russia // Russian Justice, 1999, No. 2.

4. Kanevsky K. Religious Renaissance in Russia: Problems of state-confessional relations // Russian Justice, 2002, No. 11.

5. Kudryavtseva G. A. Property rights of public associations under the federal legislation of Russia // State and Law, 1998, No. 4.

6. Morozova L. A. State and Church: Features of Relationships // State Law, 1995, No. 3.

7. Savelyev A. Issues of freedom of conscience in regional normative acts // Russian Justice, 1999, No. 10.

8. Salygin E. What should state-church relations be like in Russia? // Russian justice, 1998, No. 2.

9. Cheremnykh G. Public associations: regulation of activities // Russian Justice, 1996, No. 4.