Public organizations are associations of citizens created on a voluntary basis in accordance with the norms of the current legislation. The basis of their formation is a community of interests.

The purpose of the activity is to satisfy the needs of a material and spiritual nature. The main document regulating the activities of such an organization is the charter.

Differences between public organizations

Unlike others, no commercial organizations public are created on the basis of membership. The founders also act as members and cannot count on any preferences. The task of the participant is to pay membership and property fees, and also retains right to withdraw. Membership is not alienated, powers are not transferred to another person.

Participants are not liable for the obligations of the enterprise and vice versa. The main differences between public organizations are regional affiliation. They can be all-Russian (they operate on the territory of more than 50% of Russian subjects), interregional, regional (work only on the territory of a particular region), local (within the territory of a local government).

non-profit

Unlike NGOs, as already mentioned, there is a membership in the PA, where each participant has his own rights and obligations.

Autonomous

Such an organization operates autonomously, independently, that is, it is not tied to other enterprises.

Without formation of a legal entity

Not all PAs have the status of legal entities. If this is not necessary, the formation of a legal entity is not carried out.

All-Russian

Such an organization operates on the territory of more than half of the constituent entities of the Russian Federation (regions).

Sports

Sports NGO assumes the goal of providing sports events and shaping the habit of playing sports among the population.

Regional

The organization of such a plan operates on the territory of only one region. If their number is large, we are talking about an inter-regional NGO.

Ecological

The purpose of the formation of the NGO is to maintain the environmental situation on the ground in the norm and develop measures to improve it.

How to draw up and approve the charter

The Charter is a constituent document that reflects the rights and obligations of participants, the conditions for admission to and exit from an NPO. Registration takes place on A4 paper, the number of copies is 2. All pages of the document are subject to numbering and stitching. On the last sheet, the total number of sheets is indicated, a stamp is placed.

Based on the template, each PA can develop its own form. Its approval must occur before the actual registration. The application contains information about the fact of its acceptance. It contains the following details:

• date and place;
• body that accepted the document.

Content Requirements

In the process of developing a sample document, it is necessary to provide for the inclusion in it following data:

• name of the NPO;
• place of stay;
• purpose of creation and actual activity;
• participation/withdrawal procedure;
• composition of members;
• procedure for making new decisions;
• property rights and obligations;
• nuances of the distribution of property in the process of liquidation.

The document must be several sections. It is best to include general provisions, rights and obligations of the parties, as well as responsibility for certain phenomena and events.

Each section should have clear paragraphs for clarification purposes. This will avoid disagreements during the practical use of the document, as well as prevent violations of the current legislation and infringement of the rights of other participants.

charter sample

There are three types of NPOs - a public organization, a foundation and an association. The document template for each of them is almost the same except for some differences.

Public organization

Public organization is association of citizens (non-governmental), initiated on a voluntary basis. The basis for its creation is a commonality of goals and interests.

Most often, when it is created, a legal entity is drawn up, which also requires the drafting of a charter. Therefore, many data are copied from it and supplemented taking into account the wishes and preferences of all participants.

Public fund

A public fund is commonly understood as a type of non-profit fund that does not have membership and is created to form property on the basis of voluntary contributions. It pursues charitable, as well as educational, cultural, social and other socially useful targets.

The charter prescribes their list, as well as the amount of funds that will be accepted by the fund, and the direction of their spending.

Public association

A public association is understood to mean formation of a non-profit type, created on a voluntary basis, based on the initiative of citizens. In accordance with the norms of the Constitution of the Russian Federation (Article 30), everyone can create associations and participate in them, but no one can be forced to do so.

The charter, as in previous cases, indicates the goals of creating public associations, the list of participants, the rights and obligations of the parties, responsibility for violations of the law, etc.

The procedure for registering a public organization is presented below in the video.

Preparation of additional reporting

Federal Law No. 402 states that public organizations, as well as their subdivisions that do not carry out commercial activities, once a year submit list of documents:

• balance sheet;
• accounting report on profits and losses;
• information about earmarked spending Money.

Reporting must be sent to the regional branch of the Ministry of Justice. The remaining documents are submitted for VAT, property tax (quarterly), personal income tax (when making payments to individuals).

Treaty

Most often, public organizations are the following types agreements:

• provision of paid services;
• use of property;
• goods supply;
• purchase and sale.

It is also customary to conclude commission agreements, agreements for receipt and storage. The contractor's task is to make sure that the text of the contract is consistent with the goals of the organization.

Decree

The decision is made on the basis of the decision of the collegiate governing body of the public association. The document is administrative and includes two sections.

One of them is stating, the other is instructive. The decision, upon completion of its preparation, must be signed by the secretary and representative.

Protocol

The form of the document has no special approval, therefore, in practice, the document used for joint-stock companies. For this reason, the document must include requisites:

• place and date;
• initials and full name of the chairman;
• agenda;
• provisions of meetings and speeches of participants;
• issues to be resolved within the framework of voting;
• results;
• decisions made.

First, a draft is drawn up. Within three days it is necessary to issue a clean copy.

Letter

The letters act as means of communication for individual entrepreneurs, organizations, as well as tools for notification of the occurrence of certain events.

To draw up a document, it is necessary to study the essence of the issue, collect information, write, agree, sign the leaders. Details contained in the form the following:

• logo;
• title;
• information about the organization;
• the date;
• registration number;
• destination;
• text part;
• application mark;
• information about the performer;
• signature.

Disposition

The document is issued in order to resolve current issues of an urgent nature, related, for example, to personnel records management. Registration takes place in accordance with the orders of the public organization.

Authorized capital

The authorized capital is the funds that are needed to extract profit from the activity. In this regard, an NPO cannot have an authorized capital. Instead, she uses sponsorship funds without receiving financial benefits. This is the foundation of the organization.

A description of the charter of an autonomous non-profit organization is presented below in the video.

In civil domestic law, two types of subjects of civil legal relations have traditionally been recognized - individuals and legal entities. Perestroika supplemented their list with business entities without education legal entity.

The first of these were labor collectives. The USSR Law “On labor collectives” granted the right of self-government to the collective of the enterprise. Labor collectives were given the opportunity to independently carry out activities on their own behalf, and not on behalf of the organization in which they were members. With the latter, these collectives entered into a lease agreement for the premises of the enterprise with the right to purchase. On this, the relationship of former employers and labor collective terminated, since the labor collective was transformed into an LLP or another legal entity, and the legal entity - the former employer ceased to exist. In this process of succession, one important point. The labor collective entered into a lease agreement for an enterprise (property of a legal entity) with a legal entity even before it itself received the status of a legal entity. The specificity of the labor collective was the ability to be a subject of civil law relations, not being either an individual or a legal entity. The labor collective could directly start economic activity, while its participants were not required to register. But for further entrepreneurial activity, this team had to be transformed into economical society, since subsequent transactions could no longer be carried out on behalf of the labor collective, but on behalf of the organization that he represented (or bought out).

Examples of unincorporated entities

The circle of economic entities of the BOLE was extended by the Law of the USSR “On Enterprises and Entrepreneurial Activity”, which introduced the institution of private entrepreneurs. This normative act consolidated a form of economic activity that was previously unusual and unexplored by nature, thereby expanding the scope of law enforcement civil law and making economic relations more free. This truly revolutionary step for our legislation laid the foundation for the further progressive development of modern civil law.

Registration as an entrepreneur without forming a legal entity allowed citizens to personally, without the mediation of any organizational structures to participate in the economic turnover. New principles legal regulation small businesses broke many stereotypes of the command - administrative system of management. In particular, there was no need to seal the transaction documents, and it became possible to make direct cash payments instead of banking transactions between legal entities. All this contributed to the development of trust between the parties to transactions to each other.

Chapter 55 of the Civil Code of the Russian Federation, continuing the above trends, consolidated another example of the activity of a collective of citizens without forming a legal entity - a simple partnership agreement. A simple partnership is formed from a mixture of signs of a labor collective and private entrepreneurship, since in form it does not require the formation of a legal entity, and in content it is an association of private entrepreneurs. Such an association is of a formal nature, since each of the entrepreneurs has the right to carry out transactions both before merging into a simple partnership and after; both in the interests of the partnership and in relation to itself, because the legal capacity of the PE in activities not related to the activities of a simple partnership is not lost. The existence of a tacit partnership only confirms this conclusion. Citizens, acting in the interests of the partnership, appear in transactions as entrepreneurs, and not as an association of citizens or any collective. The use of a simple partnership as an organization in the conduct of general economic activity does not give any advantages.

In this regard, the Law of the Russian Federation “On Public Associations” contains an example of a completely different kind. Art. 19 of this Law allows the activities of public associations without registering them as a legal entity, indicating that in this case such an association does not acquire the rights of a legal entity. At the same time, such an association is recognized by law, and, accordingly, some legal capacity follows from this recognition. Such an association bears rights and obligations, has some personal benefits - honor, business reputation, the right to a name, etc. To exercise these rights, such an association must perform certain legal actions (for example, transactions, etc.), possess and use property. Consequently, any public association, regardless of the fact of registration as a legal entity, can and must have not only personal, but also property rights.

Thus, we see that the conclusion of transactions, in principle, allows the participation of not only citizens and legal entities as necessarily present subjects of economic life, but also their intermediate forms, for example, collectives of citizens of legal entities. But what transactions can BOYL associations make, and what cannot? The law on public associations does not contain a direct answer, but only says that if registration is refused, the association does not acquire the rights of a legal entity. In this case, the question arises, what is included in the rights of a legal entity. Art. 49 of the Civil Code of the Russian Federation, despite its name, does not disclose the content of the concept of legal capacity of a legal entity. Based on the fact that, as indicated in Part 1 of this article, a legal entity may have civil rights related to its statutory goals, legal entities have only a part of civil rights limited to its goals. Citizens have all of their complex. Therefore, a legal entity cannot receive more rights under a separate law than a citizen. Such a position can only be justified if there is a conflict of interests of individuals, for example, when it comes to maintaining the secrecy of private life. For example, a citizen, defending his interests in a case, cannot independently obtain evidence related to obtaining limited information (address of residence, information about the exchange), while lawyer consulting have the right to submit legal inquiries. In this case, the legal capacity of a citizen is significantly narrower than the legal capacity of a legal entity.

In accordance with Art. 2 of the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value. The legal entity and collective is secondary. They are created to serve the interests of citizens, and not vice versa. The command-administrative system of management has always proceeded from the priority of the corporate principle over the individual, which for a long time will sound like an echo of the legacy of the totalitarian past.

Rights, as you know, are personal and property. If we are talking about personal rights, then we must admit that both citizens and associations without forming a legal entity and legal entities themselves have a single complex of them. This conclusion follows from the ratio of the scope of rights of subjects that we have established above: a person cannot have less of them than a legal entity. But there is also the force of coercion, which belongs precisely to the collective. However, the right of coercion does not belong to everyone, but only to an authorized legal entity - an authority. Activity government agencies based on the principle of unity. Consequently, in these bodies, the power does not belong to the collective, that is, to society. The power and force of coercion thus belong not to society, but to the state as a whole. The state is the bearer of the law and the spokesman of the will of the people, delegated to it by the latter. So, society is primary, but due to the fact that it withdraws itself and trusts itself to the state, the state acquires the highest character of the will of the people, clothed in the form state power, and, ultimately, it becomes primary in relation to society in relations with the individual. First of all, property rights should include, in accordance with Article 18 of the Civil Code of the Russian Federation, the right to own and dispose of property for purposes that do not constitute entrepreneurial activity and the right conduct business activities.

Both citizens and their collectives, including those without the formation of a legal entity, can own property and dispose of it with the difference that in the first case the property will be personal, and in the other - collective. The legal regime of the property of a legal entity in this case may differ, since legal entities differ in the number of owners and can be both unitary and corporatized. The disposal of property is realized in transactions. Based on the principle of equality of all economic entities, we must recognize that all subjects of civil law have an equal right to conclude different kind business contracts. There should not be any contracts available only to organizations and not available to citizens or their teams. However, practice shows the opposite. For example, the conclusion of contracting and supply agreements for state needs can only be concluded with the participation of special entities. This approach is generally consistent with the doctrine of civil law, since the sphere of strategic industries requires a special approach. But any general business agreements (purchase and sale, lease, etc.) can and must be concluded equally by all of the above entities.

If a simple partnership is deprived of the right to conclude contracts on a common behalf, then this partnership cannot pursue its goals. And since it can be created for non-commercial activities, then it must be admitted that commercial activity is not the prerogative of a legal entity. But this conclusion does not give an answer to the question whether the public organization BOYUL can engage in economic activity, since it is non-profit. But if an organization is deprived of the right to conduct business, then most of them will not be able to achieve their statutory goals due to lack of funds. According to Art. 12 of the Law of the Russian Federation “On Public Associations” all associations, regardless of their organizational and legal form, are equal before the law. At the same time, here we mean, first of all, the specific characteristics of the form. For otherwise, it will be impossible to fully equate registered and unregistered associations under the current legislation, since they will be deprived of the right to apply to the court, have their own seal and use it, etc.

Opponents of the expansion of the market at the expense of new independent and mobile entities in the form of BLE collectives can raise many objections that are not answered in the current legislation: how, for example, to fix incomes and pay taxes. Rules of conduct accounting does not apply to such organizations, the instructions of the tax authorities do not allow to register such a form of association of citizens. We see this legal gap as yet another contradiction with the law, hindering the application of the new Civil Code.

Thus, the legislation does not establish restrictions on the legal capacity of BOLE collectives in comparison with other subjects of civil law, presuming their parity. However, the norms corresponding to the Civil Code of the Russian Federation have not been developed. It seems that over time, our society will be able to overcome the psychological barrier under consideration, and not consider it necessary for the representatives of the BOYL collectives to have any “paperwork” to recognize their right to exist, just as at one time private entrepreneurs were recognized as full-fledged subjects of civil circulation.

Note: The Tax Code of the Russian Federation subsequently vaguely identified a group of so-called self-employed citizens who are not entrepreneurs - private notaries, heads of peasant and farms who established a law firm. It seems that this list can be expanded to include representatives of individual creative professions - artists, artists, etc.

The Constitution of the Russian Federation provides citizens with the right to unite in organizations of various types in order to achieve the goals that have arisen between them. One of the types of such organizations is a public organization. The legislative concept of "public organization" is enshrined in the Civil Code of the Russian Federation and the Federal Law "On Public Associations". If you do not go into a literal reading of this concept in the indicated regulations, then plain language understandable to all citizens, a public organization can be defined as non-profit association organized on a voluntary initiative of citizens on the principle of self-government for the realization of common desires and goals related to non-material needs. In other words, any person, having acquired at least two more like-minded people, can organize a public organization of interests.

The legislation of the Russian Federation allows the existence of public organizations without state registration therefore, in this case, such an organization will not be a legal entity and will not be able to carry out economic activities independently and legally. To create a public organization without forming a legal entity, all that is needed is a meeting of founders, at which a decision will be made on the formation of such a public organization. From the moment such a decision is made, the public organization is legally existing. However, if later, after some time, the founders nevertheless decide to give their organization a legal status, then documents for state registration of such an organization must be submitted to the territorial bodies of the Ministry of Justice of the Russian Federation no later than 3 months from the date of such a decision.

Territorial sphere of activity of a public organization

If the founders decide on the state registration of a public organization, then for a start, even before submitting documents to the territorial bodies of the Ministry of Justice of the Russian Federation, the founders should decide on the territorial scope of their organization, since this moment should be reflected in the name of the organization.

According to the territorial sphere, public organizations are divided into local, regional, interregional, all-Russian and international.

Local Community Organization (LOO) is formed for the implementation of its activities in the territory of one local government body.

Regional Public Organization (ROO) conducts its activities exclusively on the territory of any one subject of the Russian Federation.

Interregional Public Organization (IPO) conducts its activities on the territory of several subjects of the Russian Federation at once. Territorial subdivisions (branches, representative offices or departments) must be created in the subjects of the activities of a public organization. In an interregional public organization, territorial subdivisions cannot be created in an amount covering more than half of the constituent entities of the Russian Federation.

All-Russian public organization (LLC) in its activities it covers more than half of the subjects of our country, for which the territorial subdivisions of this organization must be created in the subjects of activities.

For education international public organization it is necessary to form at least one territorial subdivision of the organization outside the Russian Federation.

Procedure for registering a public organization

A registered public organization goes through several stages:

Adoption by the founders at the founding congress of a unanimous decision on the state registration of their organization;

Submission to the territorial body of the Ministry of Justice of the Russian Federation required package documentation for state registration of a public organization;

Adoption territorial body Ministry of Justice of the decision on state registration of a public organization and sending this decision with a set of documents submitted by the applicant to the Federal Tax Service for reflection in the state register of information on state registration of a public organization and assignment of PSRN to it;

Direct entry by the FMS body of information about a registered public organization in the Unified State Register of Legal Entities and the assigned PSRN number, and sending the relevant supporting certificates to the territorial body of the Ministry of Justice;

Registration by the territorial body of the Ministry of Justice of a certificate with the assigned registration number of a public organization, and the issuance of a set of documents confirming state registration to the applicant (founder) or his representative by proxy.

Cost and terms of registration of public organizations

Documents required for compiling a set of documents for registration of a public organization

To prepare a complete set of documents for state registration of a public organization, lawyers will need the following information and documentation:

The proposed name of the public organization and the territorial scope of its activities;

The subject and goals of the activity of the registered public organization, including the codes of activity according to OKVED;

Documents to the address of the location of the registered public organization (a copy of the certificate of ownership of the provided premises from the owner of the premises and letter of guarantee from him in the original);

Necessary information about the founders of the public organization: a copy of the passport spread with a photo of the citizen and a copy of the spread of his passport with a mark on the place of residence, as well as his personal TIN number;

Information on the structure of the registered public organization, as well as on the quantitative and personal composition of each management and control body of the organization;

Information about the founder who will act as an applicant for state registration of a public organization;

When registering an interregional, all-Russian or international public organization, you will also need information about the units created in the structure of the organization, their location, the structure of the unit, the quantitative and personal composition of the management and control of the unit;

Other information or documentation may be required.

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

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

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

Advantagesassociations without registration of a legal entity

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

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

For example, I can cite the Krasnodar public movement "Union of real estate investors". This organization was created on the basis of the protocol and the adopted charter. The organization applied to the authorities, received official responses, led public life, and participated in various events. Thus, the organization achieved the statutory goals, which in general view were designated as protecting the rights of equity holders in the city of Krasnodar. The organization was created in 2016 at a time when the rights of shareholders in the city of Krasnodar were seriously violated. At the same time, the organization had nothing to do with the authorities. Moreover, the creation of this organization "provoked" the authorities of the city of Krasnodar to create in parallel the "Association of equity holders of troubled houses." I don’t know how successful the Krasnodar public movement “Union of Shareholders” is currently operating, but it is an excellent example of the activity of a public organization without forming a legal entity

What is needed to create?

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

The protocol and the charter can be taken any suitable for the format of your activity.

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

Legal basis of activity

The activities of public organizations are regulated by the Federal Law "On Public Organizations", Civil Code, Federal Law "On non-profit organizations».

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

Article 5. Federal Law "On Public Associations"

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of a public association. The right of citizens to create public associations is realized both directly through the association of individuals and through legal individuals are public associations.

Another article:

Article 18

Public associations are created on the initiative of their founders - at least three individuals. Number of founders to create certain types public associations may be established by special laws on the respective types of public associations.

Among 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 taken at a congress (conference) or general meeting. From the moment these decisions are made, a public association is considered to be established: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes the obligations provided for by this Federal Law.

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

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