Law on public associations. Federal law on public associations

Active Edition from 22.07.2010

FEDERAL LAW dated 05/19/95 N 82-FZ (as amended on 07/22/2010) "ON PUBLIC ASSOCIATIONS"

The right of citizens to associate includes the right to form, on a voluntary basis, public associations to protect common interests and achieve common goals, the right to join existing public associations or refrain from joining them, and the right to freely leave public associations.

The creation of public associations contributes to the realization of the rights and legitimate interests of citizens.

Citizens have the right to form public associations of their choice without prior permission from the authorities. state power and bodies local government, as well as the right to join such public associations on the condition of observing the norms of their charters.

Public associations created by citizens may register in accordance with the procedure provided for by this Federal Law and acquire the rights of a legal entity or operate without state registration and acquisition of legal personality.

The content of the right of citizens to associate, the main state guarantees of this right, the status of public associations, the procedure for their creation, activity, reorganization and (or) liquidation are regulated by this Federal Law, the Civil Code Russian Federation and other laws on certain types public associations.

Features related to the creation, activities, reorganization and (or) liquidation of certain types of public associations - trade unions, charitable and other types of public associations - may be regulated special laws adopted in accordance with this Federal Law. The activities of these public associations prior to the adoption of special laws, as well as the activities of public associations not regulated by special laws, are regulated by this Federal Law.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of a common interest to achieve common goals specified in the charter of a public association (hereinafter referred to as statutory goals).

The right of citizens to create public associations is realized both directly through association individuals and through legal entities - public associations.

The founders of a public association are individuals and legal entities - public associations that convened a congress (conference) or general meeting at which the charter of a public association is adopted, its governing and control and audit bodies are formed. The founders of a public association - individuals and legal entities - have equal rights and bear equal duties.

Members of a public association are individuals and legal entities - public associations, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by the relevant individual statements or documents allowing to take into account the number of members of a public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal duties.

Members of a public association have the right to elect and be elected to the governing and control and audit bodies of this association, as well as to control the activities of the governing bodies of a public association in accordance with its charter.

Members of a public association have rights and bear obligations in accordance with the requirements of the rules of the charter of the public association, and in case of non-compliance with these requirements, they can be expelled from the public association in the manner specified in the charter.

Participants of a public association are individuals and legal entities - public associations that have expressed support for the goals of this association and (or) its specific actions, participating in its activities without obligatory registration conditions of its participation, unless otherwise provided by the charter. Members of a public association - individuals and legal entities - have equal rights and bear equal obligations.

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

social organization;

social movement;

public fund;

public institution;

body of public initiative;

Political Party.

The paragraph is invalid.

The organizational and legal forms of political public associations are a public organization (for a political organization, including a political party) and a social movement (for a political movement).

(as amended by Federal Law No. 112-FZ of 19.07.98)

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 in accordance with its charter may be individuals and legal entities - public associations, unless otherwise established by this Federal Law and laws on certain types 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 a congress (conference) or general meeting.

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

A public movement is a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by members of the public movement.

The highest governing body of a social movement is the congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body accountable to a congress (conference) or general meeting.

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

The public fund is one of the types 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 receipts not prohibited by law and use this property for socially useful purposes. The founders and administrators of the property of a public fund are not entitled 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.

In the case of state registration of a public fund, this fund operates in the manner prescribed by the Civil Code of the Russian Federation.

Creation, activity, reorganization and (or) liquidation of other types of funds (private, corporate, state, public-state and others) may be regulated by the relevant law on funds.

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 specified association.

The management of a public association 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. The specified body may determine the content of the activities of the public institution, have the right to consultative vote with the founder (founders), but may not dispose of the property of the public institution, unless otherwise established by the founder (founders).

In the case of state registration of a public institution, this institution carries out its activities in the manner prescribed by the Civil Code of the Russian Federation.

A body of public amateur performance is a non-membership public association, the purpose of which is to jointly resolve various social problems arising from citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited circle of people whose interests are related to the achievement of statutory goals and the implementation of programs of the body of public amateur performance at the place of its creation.

The body of public initiative 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 the founders. The body of public initiative has no higher bodies or organizations above itself.

In the case of state registration of a body of public amateur performance, this body acquires the rights and assumes the obligations of a legal entity in accordance with the charter.

The procedure for the creation, activity, reorganization and (or) liquidation of political parties is regulated by a special federal law.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of founding agreements and (or) charters adopted by unions (associations), forming new public associations. The legal capacity of unions (associations) of public associations as legal entities arises from the moment of their state registration.

Creation, activity, reorganization and (or) liquidation of unions (associations) of public associations, including those with the participation of foreign non-profit non-governmental organizations, shall be carried out in the manner prescribed by this Federal Law.

All-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

An all-Russian public association is understood as an association that operates in accordance with its statutory goals in the territories of more than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices.

An interregional public association is understood as an association that operates in accordance with its statutory goals in the territories of less than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, branches or branches and representative offices.

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

All-Russian public associations may use in their names the names "Russia", "Russian Federation" and words and phrases formed on their basis without special permission from the competent state body.

Public associations, regardless of their organizational and legal forms, are equal before the law. The activities of public associations are based on the principles of voluntariness, equality, self-government and legality. Public associations are free to determine their internal structure, goals, forms and methods of their activities.

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

The creation and activities of public associations whose goals or actions are aimed at carrying out extremist activities are prohibited.

The inclusion in the constituent and program documents of public associations of provisions on the protection of the ideas of social justice cannot be considered as inciting social discord.

Restrictions on the creation of certain types of public associations may be established only by federal law.

Intervention of 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 allowed, except as provided for by this Federal Law.

The state ensures the observance of the rights and legitimate interests of public associations, provides support for their activities, legally regulates the provision of tax and other benefits and advantages to them. Governmental support can be expressed in the form of targeted financing of individual socially useful programs of public associations at their request (state grants); conclusion of any types of contracts, including for the performance of work and the provision of services; social order for the implementation of various government programs to an unlimited circle of public associations, placed in the manner prescribed by the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

Issues affecting the interests of public associations in the cases provided for by law are resolved by state authorities and local self-government bodies with the participation of the relevant public associations or in agreement with them.

The labor legislation of the Russian Federation and the legislation of the Russian Federation on social insurance apply to employees of the apparatus of public associations working for hire.

Chapter II. Creation of public associations, their reorganization and (or) liquidation

Public associations are created on the initiative of their founders - at least three individuals. The number of founders for the creation of certain types of public associations may be established by special laws on the respective types of public associations.

Along with natural persons, the founders 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 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.

Founders, members and participants of public associations may be citizens who have reached the age of 18, and legal entities - public associations, unless otherwise provided by this Federal Law, as well as laws on certain types of public associations.

Foreign citizens and stateless persons legally residing in the Russian Federation may be founders, members and participants of public associations, with the exception of cases established by international treaties of the Russian Federation or federal laws. Foreign citizens and stateless persons may be elected honorary members (honorary participants) of a public association without acquiring rights and obligations in this association.

Cannot be a founder, member, participant of a public association:

1) a foreign citizen or a stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made on the undesirability of their stay (residence) in the Russian Federation;

2) a person included in the list in accordance with paragraph 2 of Article 6 of Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Criminally Obtained Funds and the Financing of Terrorism";

3) a public association whose activities have been suspended in accordance with Article 10 of Federal Law No. 114-FZ of July 25, 2002 "On Counteracting Extremist Activities" (hereinafter - the federal law"On counteracting extremist activity");

4) a person in respect of whom, by a court decision that has entered into legal force, it has been established that his actions contain signs of extremist activity;

Members and participants of youth public associations may be citizens who have reached the age of 14.

Members and participants of children's public associations may be citizens who have reached the age of 8.

The conditions and procedure for acquiring, losing membership, including the conditions for leaving members of public associations by age, are determined by the charters of the relevant public associations.

The requirement to indicate official documents for membership or participation in any public associations not allowed. Belonging or non-belonging of citizens to public associations cannot be a basis for restricting their rights or freedoms, a condition for granting them by the state any privileges and advantages, except for cases provided for by the legislation of the Russian Federation.

Public authorities and local self-government bodies cannot be founders, members and participants of public associations.

When creating public associations in the form of public organizations, the founders of these associations automatically become their members, acquiring appropriate rights and obligations.

When creating public associations in other organizational and legal forms, the rights and obligations of the founders of such associations are indicated in their charters.

The charter of a public association must provide for:

1) the name, goals of the public association, its organizational and legal form;

2) the structure of the public association, the governing and control and auditing bodies of the public association, the territory within which the given association operates;

3) the conditions and procedure for acquiring and losing membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);

4) the competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

5) the procedure for introducing amendments and additions to the charter of the public association;

6) sources of formation of funds and other property of the public association, the rights of the public association and its structural subdivisions for property management;

7) the procedure for reorganization and (or) liquidation of the public association.

The paragraph is invalid.

The affiliation of a public association with political public associations must be stipulated in its charter.

The charter of a public association may contain a description of the symbols of this association.

The charter may also provide for other provisions relating to the activities of a public association that do not contradict laws.

In order to acquire the rights of a legal entity, a public association is subject to state registration in accordance with Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and individual entrepreneurs(hereinafter referred to as the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs"), taking into account the procedure for state registration of public associations established by this Federal Law.

The decision on state registration (on refusal of state registration) of a public association is made by the federal executive body authorized in the field of state registration of public associations (hereinafter referred to as the federal state registration body), or its territorial body. Inclusion in a single State Register legal entities, information on the creation, reorganization and liquidation of public associations, as well as other information provided for by federal laws, is carried out by the federal executive body authorized in accordance with Article 2 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" (hereinafter referred to as the authorized registering body) for on the basis of a decision taken by the federal body of state registration or its territorial body on the corresponding state registration.

The decision on the state registration of an international or all-Russian public association is made by the federal body of state registration.

The decision on state registration of an interregional public association is made by the territorial body of the federal body of state registration at the location of the permanent governing body of the public association.

The decision on state registration of a regional or local public association is made by the territorial body of the federal body of state registration in the corresponding subject of the Russian Federation.

For the state registration of a public association, the following documents shall be submitted to the federal body of state registration or its respective territorial body:

1) an application signed by an authorized person (hereinafter referred to as the applicant), indicating his last name, first name, patronymic, place of residence and contact numbers;

2) the charter of the public association in triplicate;

3) an extract from the minutes of the founding congress (conference) or general meeting, containing information on the creation of a public association, on the approval of its charter and on the formation of governing bodies and a control and audit body;

4) information about the founders;

5) a document confirming payment of the state fee;

6) information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out;

7) minutes of founding congresses (conferences) or general meetings of structural divisions for international, all-Russian and interregional public associations;

8) when using in the name of a public association the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as full name of another legal entity as part of its own name - documents confirming the authority to use them.

The documents specified in part six of this article shall be submitted within three months from the date of the founding congress (conference) or general meeting.

State registration of youth and children's public associations is carried out if fully capable citizens are elected to the governing bodies of these associations.

Changes made to the charters of public associations are subject to state registration in the same manner and within the same timeframe as the state registration of public associations, and acquire legal effect from the date of such registration.

The decision on state registration of a branch of a public association is made by the territorial body of the federal body of state registration in the relevant subject of the Russian Federation on the basis of documents submitted by the branch of the public association in accordance with part six of this article and certified by the central governing body of the public association, as well as a copy of the document on state registration of the public associations. At the same time, the state registration of a branch of a public association is carried out in the manner prescribed for the state registration of public associations. If a branch of a public association does not accept its charter and acts on the basis of the charter of the public association of which it is a branch, the central governing body of this association notifies the territorial body of the federal body of state registration in the relevant subject of the Russian Federation of the existence of the said branch, its location , provides information about its governing bodies. In this case, the specified department acquires the rights of a legal entity from the date of its state registration.

The federal state registration body or its territorial body, within thirty days from the date of filing an application for state registration of a public association, is obliged to make a decision on state registration of a public association or to refuse state registration of a public association and issue a reasoned refusal to the applicant in writing.

The federal state registration body or its territorial body, after making a decision on the state registration of a public association, sends to the authorized registering body the information and documents necessary for this body to perform the functions of maintaining a unified state register of legal entities.

Based said decision and the information and documents submitted by the federal state registration body or its territorial body, the authorized registering body, within a period of not more than five working days from the date of receipt of these information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day of making such a record, notifies the body that made the decision on the state registration of the public association.

The federal body of state registration or its territorial body, no later than three working days from the date of receipt from the authorized registering body of information on the entry in the unified state register of legal entities of an entry about a public association, issues a certificate of state registration to the applicant.

For the state registration of a public association, changes made to its charter, a state fee is collected in the manner and in the amount provided for by the legislation of the Russian Federation on taxes and fees.

Article 22 - Repealed.

State registration of a public association may be denied on the following grounds:

1) if the charter of a public association contradicts the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if the documents required for state registration provided for by this Federal Law are not submitted in full, or are executed in an improper manner, or are submitted to an improper body;

3) if a person acting as a founder of a public association cannot be a founder in accordance with part three of Article 19 of this Federal Law;

4) if a previously registered public association with the same name operates within the same territory;

5) if it is established that in the submitted founding documents public association contains false information;

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

Denial of state registration of a public association on the grounds of the inexpediency of its creation is not allowed.

If state registration of a public association is refused, the applicant shall be informed of this in writing, indicating the specific provisions of the Constitution of the Russian Federation and the legislation of the Russian Federation, the violation of which resulted in the refusal of state registration of this association.

Denial of state registration of a public association, as well as evasion of such registration, may be appealed to a higher authority or to a court.

Denial of state registration of a public association is not an obstacle to re-submit documents for state registration, provided that the grounds that caused the refusal are eliminated.

The re-submission of an application for state registration of a public association and the adoption of a decision on this application shall be carried out in the manner prescribed by this Federal Law.

Public associations have the right to have symbols: emblems, coats of arms, other heraldic signs, flags, as well as hymns.

The symbols of public associations should not coincide with the state symbols of the Russian Federation, the state symbols of the constituent entities of the Russian Federation, the symbols of municipalities, federal state authorities, state authorities of the constituent entities of the Russian Federation, the Armed Forces of the Russian Federation, other troops and military formations, symbols of foreign states, as well as symbols of international organizations.

Emblems and other symbols of public associations previously registered in the Russian Federation, emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation cannot be used as symbols of public associations.

The symbols of public associations must not discredit the State Flag of the Russian Federation, the State Emblem of the Russian Federation, the State Anthem of the Russian Federation, flags, coats of arms and anthems of the constituent entities of the Russian Federation, municipalities, foreign states, religious symbols, as well as offend racial, national or religious feelings.

The symbols of public associations are subject to state registration in the manner prescribed by the legislation of the Russian Federation.

Public associations may establish awards (honorary titles, medals and distinctions) and other types of encouragement for personal and collective merits. Awards of public associations should not have similar, similar names or external resemblance to the state awards of the Russian Federation, awards and departmental insignia of state authorities and awards of local governments. the senses. The symbols of a public association are subject to state registration and accounting in accordance with the procedure established by the legislation of the Russian Federation.

The reorganization of a public association is carried out by decision of the congress (conference) or general meeting.

State registration of a public association created through reorganization is carried out in the manner prescribed by the Federal Law

Documents required for the state registration of a public association created through reorganization are submitted to the federal state registration body or its territorial bodies in the relevant constituent entities of the Russian Federation. In this case, the list of these documents and the procedure for their submission are determined by the authorized federal executive body.

The federal state registration body or its territorial body, after making a decision on the state registration of a public association created through reorganization, sends to the authorized registering body the information and documents necessary for this body to perform the functions of maintaining a unified state register of legal entities.

The procedure for the interaction of the federal body of state registration and its territorial bodies with the authorized registering body on the issue of state registration of a public association created through reorganization is determined by the President of the Russian Federation.

State registration of a public association created by way of reorganization, in the event that a decision has not been made to refuse the said state registration on the basis of Article 23 of this Federal Law, shall be carried out within a period of not more than thirty working days from the date of submission of all completed in in due course documents.

The property of a public association that is a legal entity shall, after its reorganization, be transferred to newly established legal entities in the manner prescribed by the Civil Code of the Russian Federation.

The liquidation of a public association is carried out by decision of the congress (conference) or general meeting in accordance with the charter of this public association or by a court decision on the grounds and in the manner provided for in Article 44 of this Federal Law.

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 liquidation commission in the press. The property of a public association that has been liquidated in the manner and on the grounds provided for by the Federal Law "On Countering Extremist Activity" remaining after satisfaction of creditors' claims shall become the property of the Russian Federation.

State registration of a public association in connection with its liquidation shall be carried out in accordance with the procedure provided for by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics of such registration established by this Federal Law.

The information and documents required for the state registration of a public association in connection with its liquidation shall be submitted to the body that made the decision on the state registration of this public association upon its creation.

The federal state registration body or its territorial body, after making a decision on the state registration of a public association in connection with its liquidation, sends to the authorized registering body the information and documents necessary for this body to perform the functions of maintaining a unified state register of legal entities.

On the basis of the above decision taken by the federal body of state registration or its territorial body, and the necessary information and documents submitted by them, the authorized registering body, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day of making the relevant entry, informs the body that made the said decision about it.

The procedure for interaction between the federal body of state registration and its territorial bodies with the authorized registering body on issues of state registration of public associations in connection with liquidation is determined by the President of the Russian Federation.

State registration of a public association in connection with its liquidation is carried out within a period of not more than ten working days from the date of submission of all duly executed documents.

Chapter III. Rights and obligations of a public association

To achieve its statutory goals, a public association that is a legal entity has the right to:

participate in the development of decisions of state authorities and local governments in the manner and to the extent provided for by this Federal Law and other laws;

hold meetings, rallies, demonstrations, marches and picketing;

establish the media and carry out publishing;

represent and protect their rights, legitimate interests of their members and participants, as well as other citizens in state authorities, 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 public authorities;

to participate in elections and referendums in accordance with the procedure established by the legislation of the Russian Federation.

The paragraph is invalid.

To achieve its statutory goals, a public association that is not a legal entity has the right to:

freely disseminate information about their activities;

hold meetings, rallies and demonstrations, marches and picketing;

Represent and protect their rights, legitimate interests of their members and participants in state authorities, local governments and public associations;

Exercise other powers in cases of direct indication of these powers in federal laws on certain types of public associations;

take initiatives on issues related to the implementation of its statutory goals, make proposals to state authorities and local governments.

The exercise of these rights by public associations created by foreign citizens and stateless persons or with their participation may be limited by federal laws or international treaties of the Russian Federation.

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

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

In the name of a public association, it is not allowed to use the names of state authorities, local governments, the Armed Forces of the Russian Federation, other troops and military formations, unless otherwise established by the legislation of the Russian Federation, or names that are confusingly similar to the indicated names, as well as the names of existing political parties in the Russian Federation without their consent or political parties that have ceased their activities due to liquidation in connection with the violation of paragraph 1 of Article 9 of the Federal Law of July 11, 2001 N 95-FZ "On Political Parties" (hereinafter - the Federal Law "On Political Parties "). The names of public associations, with the exception of the names of political parties, cannot contain the words "political", "party" and words and phrases formed on their basis.

A public association, with the exception of a political party, has the right to use the name of a citizen in its name. A public association uses the name of a citizen only with his written consent or with the written consent of his legal representatives.

The public association is obliged:

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

publish annually a report on the use of their property or make the said report accessible;

annually inform the body that made the decision on the state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the leaders of the public association in the amount of information included in the unified state register of legal entities;

submit, at the request of the body that makes decisions on the state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities in the amount of information submitted to the tax authorities;

allow representatives of the body that makes decisions on the state registration of public associations to the events held by the public association;

assist representatives of the body that makes decisions on state registration of public associations in getting acquainted with the activities of a public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;

inform the federal body of state registration about the amount of funds and other property received by the public association from international and foreign organizations, foreign citizens and stateless persons, about the purposes of spending or using them and about their actual spending or using in the form and within the time limits established by the authorized federal executive body.

(as amended by Federal Laws No. 18-FZ of 10.01.2006, No. 160-FZ of 23.07.2008)

A public association is also obliged to inform the body that made the decision on the state registration of this association of changes in the information specified in paragraph 1 of Article 5 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on obtained licenses, within three days from moment of such changes. The specified body, no later than one working day from the date of receipt of the relevant information from the public association, notifies the authorized registration body about this, which makes an entry in the unified state register of legal entities about the change in information about the public association.

Repeated non-submission by a public association within the established period of updated information necessary to make changes to the unified state register of legal entities is the basis for the appeal of the body that made the decision on state registration of the public association to the court with an application to recognize this association as having ceased its activities as a legal entity and on its exclusion from the Unified State Register of Legal Entities.

Repeated non-submission by a public association within the established period of time of the information provided for by this article is the basis for the appeal of the body that made the decision on the state registration of the public association to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register legal entities.

The non-submission by a public association within the established period of time of the information provided for in paragraph eight of part one of this article is the basis for the appeal of the body that made the decision on the state registration of the public association to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from unified state register of legal entities.

Chapter IV. The property of a public association. Public association property management

A public association that is a legal entity may own land plots, buildings, structures, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, etc. securities and other property necessary for the material support of the activities of this public association, specified in its charter.

A public association may also own institutions, publishing houses, and mass media created and acquired at the expense of this public association in accordance with its statutory goals.

The federal law may establish types of property that, for reasons of state and public security or in accordance with international treaties of the Russian Federation, cannot be owned by a public association.

Public foundations can carry out their activities on the basis of trust management.

The property of a public association is protected by law.

The property of a public association is formed on the basis of entrance and membership fees, if their payment is provided for by the charter; voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter of a public association; income from entrepreneurial activity public association; civil transactions; foreign economic activity public association; other receipts not prohibited by law.

Public associations whose charters provide for participation in elections and referendums in the manner prescribed by the legislation of the Russian Federation may accept donations in the form of money and other property for activities related to the preparation and conduct of elections only in the manner prescribed by the Federal Law "On Political Parties". "and the legislation of the Russian Federation on elections.

Property owners are public organizations with the rights of a legal entity. Each individual member of a public organization does not have the right of ownership to a share of property belonging to a public organization.

AT public organizations, structural subdivisions (branches) of which operate on the basis of a single charter of these organizations, the owners of property are public organizations as a whole. Structural subdivisions (branches) of these public organizations have the right operational management property assigned to them by their owners.

In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations that are part of a union (association) as independent entities are the owners of their property.

On behalf of social movements, the rights of the owner of property received by social movements, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies specified in the charters of these social movements.

On behalf of the public foundations, the rights of the owner of the property received by the public funds, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies specified in the charters of these public funds.

Public institutions created and financed by the owner (owners) exercise the right to operational management of the said property in relation to the property assigned to them.

Public institutions that are legal entities and owning property on the right of operational management, may be the owners of the property created and (or) acquired by them in other legal ways.

Public institutions receive property on the basis of the right of operational management from the founder (founders). With regard to the said property, public institutions exercise the rights of possession, use and disposal within the limits established by law, in accordance with their statutory goals.

The founder (founders) - the owner (owners) of property transferred to public institutions, have the right to withdraw excess, unused or misused property and dispose of it at their own discretion.

When transferring ownership of property assigned to public institutions to another person, these institutions retain the right to operational management of the said property. Public institutions are not entitled to alienate or otherwise dispose of the property assigned to them and property acquired at the expense of funds allocated to them according to the estimate, without the written permission of the owner.

If, in accordance with the constituent documents, public institutions are granted the right to carry out income-generating activities, then the income received from such activities and the property acquired at the expense of these incomes shall be placed at the independent disposal of public institutions and recorded on a separate balance sheet.

Public institutions shall be liable for their obligations with the funds at their disposal. In case of their insufficiency, the owner of the respective property bears subsidiary responsibility for the obligations of the public institution.

The subjects of the right of ownership in the bodies of public amateur performance are the bodies of public amateur performance themselves, for which, after their state registration, the rights of a legal entity are assigned. Bodies of public amateur performance may be the owners of property created and (or) acquired by them in other legal ways.

Public associations may carry out entrepreneurial activity only insofar as it serves the achievement of the statutory goals for which they were created, and corresponding to these goals. Entrepreneurial activity is carried out by public associations in accordance with the Civil Code of the Russian Federation, the Federal Law "On the Enactment of Part One of the Civil Code of the Russian Federation" and other legislative acts of the Russian Federation.

Public associations may create economic partnerships, companies and other economic organizations, as well as acquire property intended for conducting entrepreneurial activities. Economic partnerships, companies and other economic organizations created by public associations make payments to the respective budgets in the manner and in the amounts established by the legislation of the Russian Federation.

Income from the entrepreneurial activities of public associations cannot be redistributed among members or participants of these associations and must be used only to achieve statutory goals. Public associations are allowed to use their funds for charitable purposes, even if this is not specified in their charters.

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

The body that makes decisions on the state registration of public associations exercises control over the compliance of their activities with the statutory goals. When exercising this control, the specified body has the right to:

2) send their representatives to participate in events held by public associations;

3) no more than once a year, conduct audits of the conformity of the activities of public associations, including the expenditure of funds and the use of other property, with their statutory goals in the manner determined by the federal executive body exercising the functions of legal regulation in the field of justice;

4) request and receive information about the financial and economic activities of public associations from state statistics bodies, the federal executive body authorized to control and supervise taxes and fees, and other state supervision and control bodies, as well as from credit and other financial organizations ;

5) in the event that public associations violate the Constitution of the Russian Federation and the legislation of the Russian Federation or commit actions that contradict their statutory goals, the body making decisions on the state registration of public associations may issue a written warning to the governing bodies of these associations indicating specific grounds for issuing a warning. and the term for elimination of the specified violation, which is at least one month. A warning issued by the body that makes decisions on state registration of public associations may be appealed by public associations to a higher body or to a court.

Federal bodies of state financial control, the federal executive body authorized for control and supervision in the field of taxes and fees, the federal executive body authorized to exercise the function of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, establish the correspondence between the spending of funds by public associations and use of other property for statutory purposes and report the results to the body that made the decision on the state registration of the relevant public association.

Chapter V. Responsibility for violation of laws on public associations

The state and its bodies, public associations and individual citizens bear equal responsibility for the observance of this Federal Law and other laws on certain types of public associations.

Public associations and citizens whose rights granted by this Federal Law and other laws on certain types of public associations have been violated may file a claim with the judicial authorities and with an application or complaint to the administrative authorities to bring the perpetrators to justice.

State bodies and local self-government bodies and their officials that have caused damage to public associations as a result of the violation by these bodies and their officials of this Federal Law, as well as other laws on certain types of public associations, shall be liable under the criminal, civil and administrative legislation of the Russian Federation.

Public associations, including those that do not have the rights of a legal entity, in case of violation of the legislation of the Russian Federation, bear responsibility in accordance with this Federal Law and other laws.

In case of violation of the legislation of the Russian Federation by public associations that do not have the rights of a legal entity, the responsibility for these violations lies with the persons who are members of the governing bodies of these associations.

When public associations, including those that do not have the rights of a legal entity, commit acts punishable by criminal procedure, the persons who are members of the governing bodies of these associations, when proving their guilt for organizing the said body of this association, represent the indicated violations and establish a time limit for their elimination.

In the event that these violations are not eliminated within the established period, the body or official who made the relevant submission has the right to suspend the activity of the public association for a period of up to six months by its decision.

The decision to suspend the activities of a public association until the court considers an application for its liquidation or prohibition of its activities may be appealed against in court.

The activities of a public association may also be suspended in the manner and on the grounds provided for by the Federal Law.

If, within the established period of suspension of the activities of a public association, it eliminates the violation that served as the basis for the suspension of its activities, the public association resumes its activities by decision of the body or official that suspended this activity. If the court does not satisfy the application for liquidation of a public association or prohibition of its activities, it resumes its activities after the entry into force of the court decision.

The grounds for the liquidation of a public association or the prohibition of its activities are:

violation by a public association of the rights and freedoms of man and citizen;

An application to the court for the liquidation of an international or all-Russian public association is submitted by the Prosecutor General of the Russian Federation or the federal body of state registration. An application to the court for the liquidation of an interregional, regional or local public association is submitted by the prosecutor of the relevant subject of the Russian Federation in the manner prescribed by the Federal Law "On the Prosecutor's Office of the Russian Federation" (as amended by the Federal Law of November 17, 1995 N 168-FZ), or by the relevant territorial body federal body of state registration.

The 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 the liquidation of a public association that is a legal entity, by a 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 the Federal Law "On Counteracting Extremist Activity".

Acquire rights and bear obligations corresponding to the status of these international public associations, maintain direct international contacts and communications, conclude agreements with foreign non-profit non-governmental organizations.

Russian public associations may establish their own organizations, branches or branches and representative offices in foreign states on the basis of generally recognized principles and norms of international law, international treaties of the Russian Federation and the legislation of these states.

A public association formed in the Russian Federation is recognized as international if, in accordance with its charter, at least one of its structural subdivisions is created and operates in foreign states - an organization, branch or branch and representative office.

Creation, activity, reorganization and (or) liquidation of international public associations, international unions (associations) of international public associations in the Russian Federation shall be carried out in accordance with the general procedure provided for public associations by this Federal Law and other federal laws.

Organizations, departments or branches and representative offices of international public associations are created and carry out their activities in the Russian Federation in accordance with this Federal Law and other federal laws.

Restrictions for founders, members and participants of public associations, established by part two of Article 19 of this Federal Law, do not apply to structural subdivisions of international public associations created and operating in foreign states.

Chapter VII. Final provisions of the Supreme Soviet of the USSR, 1974, N 22, art. 326).

Recognize invalid:

Decree of the Presidium of the Supreme Soviet of the RSFSR of March 11, 1977 "On Approval of the Regulations on Comrades' Courts and the Regulations on Public Councils for the Work of Comrades' Courts" (Vedomosti of the Supreme Soviet of the RSFSR, 1977, No. 12, art. 254);

Decree of the Presidium of the Supreme Soviet of the RSFSR of June 25, 1980 "On approval of the Regulations on public points of law and order in the RSFSR" (Vedomosti of the Supreme Council of the RSFSR, 1980, No. 27, item 772);

Decree of the Presidium of the Supreme Soviet of the RSFSR of October 1, 1985 "On approval of the Regulations on commissions for the fight against drunkenness formed at enterprises, institutions, organizations and in their structural divisions"(Vedomosti of the Supreme Council of the RSFSR, 1985, N 40, item 1397);

Decree of the Supreme Council of the RSFSR of December 18, 1991 N 2057-1 "On the registration of public associations in the RSFSR and

Until the adoption of federal laws on state-public and public-state associations, these associations are created and carry out their activities in accordance with the regulatory legal acts of state authorities.

Article 52

The provisions of this Federal Law on state registration of public associations shall apply to public associations established prior to the entry into force of this Federal Law.

The charters of public associations established prior to the entry into force of this Federal Law must be brought into line with the said Federal Law from the date of its entry into force at the next congress (conference) or general meeting. The statutes of public associations, until they are brought into line with this Federal Law, shall be valid only to the extent that does not contradict the said law.

State re-registration of public associations established prior to the entry into force of this Federal Law must be carried out no later than July 1, 1999 with exemption from the registration fee. The provision of part six of Article 21 of this Federal Law on the submission of constituent documents for state registration before the expiration of three months from the date of the founding congress (conference) or general meeting does not apply to these public associations. Upon the expiration of the specified period of re-registration, public associations that have not passed it are subject to liquidation in a judicial proceeding at the request of the body registering public associations.

Within three months from the date of entry into force of this Federal Law, the state bodies currently carrying out the registration of public associations shall transfer, and the bodies registering public associations under this Federal Law, accept all registration documents and materials of previously registered public associations.

If an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty shall apply.

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their legal acts in line with this Federal Law.

The president
Russian Federation
B. YELTSIN

Moscow Kremlin.

The Zakonbase website presents the FEDERAL LAW of May 19, 1995 N 82-FZ (as amended on July 22, 2010) "ON PUBLIC ASSOCIATIONS" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find the FEDERAL LAW dated May 19, 1995 N 82-FZ (as amended on July 22, 2010) "ON PUBLIC ASSOCIATIONS" in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

Submit, at the request of the body that makes decisions on the state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities in the amount of information submitted to the tax authorities;

To allow representatives of the body that makes decisions on the state registration of public associations to the events held by the public association;

Provide assistance to representatives of the body that makes decisions on state registration of public associations in getting acquainted with the activities of a public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;

Inform the federal state registration authority about the amount of money and other property received from foreign sources, which are specified in paragraph 6 of Article 2 of the Federal Law "On Non-Commercial Organizations", about the purpose of spending these funds and using other property and about their actual spending and use in the form and within the time limits established by the authorized federal executive body.

A public association that intends, after state registration, to receive funds and other property from foreign sources, which are specified in paragraph 6 of Article 2 of the Federal Law "On Non-Commercial Organizations", and to participate in political activities carried out on the territory of the Russian Federation, is obliged before participating in this political activities, submit to the body that made the decision on the state registration of this public association an application for its inclusion in the register of non-profit organizations that perform the functions of a foreign agent, provided for in paragraph 10 of Article 13.1 of the Federal Law "On Non-Commercial Organizations". Such a public association quarterly submits to the federal body of state registration the information provided for in paragraph eight of part one of this article.

Judicial practice under Article 29 of the Federal Law of 19.05.1995 No. 82-FZ

Decision No. 2A-496/2018 2A-496/2018~M-509/2018 M-509/2018 dated September 28, 2018 in case No. 2A-496/2018

Rybnovsky district court (Ryazan region) - Civil and administrative

According to the Unified State Register of Legal Entities, a person who has the right to act on behalf of non-profit organization is the chairman - FULL NAME5. In accordance with par. 4 tbsp. 29 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, a public association is obliged to annually inform the body that made the decision on state registration of a public association about the continuation of its ...

Decision No. 2A-1236/2018 2A-1236/2018~M-1067/2018 M-1067/2018 dated September 28, 2018 in case No. 2A-1236/2018

Volzhsky City Court (Republic of Mari El) - Civil

G. No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control", paragraphs 5, 7 of part 1 of Article 29 of the Federal Law of May 19, 1995 No. 82-FZ "On public associations", subparagraph 1 of paragraph 5 of Article 32 of the Federal Law of 12.01.1996 No. 7-FZ "...

Decision No. 2A-432/2018 2A-432/2018~M-402/2018 M-402/2018 dated September 28, 2018 in case No. 2A-432/2018

Ust-Katav city court ( Chelyabinsk region) - Civil and administrative

Implemented. It is not planned to resume activities, there are no debts, the organization is not located at the address indicated in the constituent documents, it has changed its location. In violation of paragraph 9 of Art. 29 of the Federal Law of May 19, 1995, the organization did not provide the necessary information about its activities. In violation of the order of the Ministry of Justice of Russia No. 72 dated March 29, 2010. "About approval...

Decision No. 2A-3491/2018 2A-3491/2018~M-2879/2018 A-3491/2018 M-2879/2018 dated September 27, 2018 in case No. 2A-3491/2018

Sverdlovsky District Court of Kostroma (Kostroma Region) - Civil and administrative

The Charter of the Fund states that the supreme governing body is the General Meeting of Participants, and the permanent executive collegial body is the Board. In violation of par. 2 hours 1 tbsp. 29 of the Federal Law "On Public Associations", clause 4.5., clause 4.5.1. According to the Charter of the Foundation, there are no participants in the Branch and the governing bodies of the Branch have not been formed. Violation of the norm h. ...

Decision No. 2A-737/2018 2A-737/2018~M-899/2018 M-899/2018 dated September 27, 2018 in case No. 2A-737/2018

Grozny District Court (Chechen Republic) - Civil and administrative

Public associations, represents in authorized body(Ministry of Justice of Russia) (its territorial body is the Directorate of the Ministry of Justice of Russia for the Chechen Republic), documents in the form approved by Order of the Ministry of Justice of Russia dated March 29, 2010 No. foreign organizations, foreign citizens and stateless persons...

Decision No. 2A-2066/2018 2A-2066/2018~M-2065/2018 M-2065/2018 dated September 27, 2018 in case No. 2A-2066/2018

Leninsky District Court of Barnaul (Altai Territory) - Civil and administrative

The organizations were included by the Interdistrict IFTS for the largest taxpayers in the Altai Territory in the Unified State Register of Legal Entities on March 20, 2003, for the OGRN .... In violation of Art. 29 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, information on the activities of the organization for 2017 was not provided, in connection with this, 08 ...

Decision No. 2A-4400/2018 2A-4400/2018~M-4493/2018 M-4493/2018 dated September 27, 2018 in case No. 2A-4400/2018

Leninsky district court of Ulyanovsk (Ulyanovsk region) - Civil and administrative

Including those received from international and foreign organizations, foreign citizens and stateless persons, in the form No. ON0002, approved by order of the Ministry of Justice of the Russian Federation dated 29. 03.2010 No. 72 “On approval of reporting forms for non-profit organizations”, in accordance with the Decree of the Government of the Russian Federation of 04.15.2006 No. 212 “On measures to implement certain provisions of Federal laws, ...

Decision No. 2A-1187/2018 2A-1187/2018~M-1122/2018 M-1122/2018 dated September 27, 2018 in case No. 2A-1187/2018

Troitsk city court (Chelyabinsk region) - Civil and administrative

Addresses of the location of the organization required to make changes to the Unified State Register of Legal Entities, within 3 days from the date of such changes. In violation of paragraphs 4 and 8 of Art. 29 10.

Decision No. 2A-2336/2018 2A-2336/2018~M-2086/2018 M-2086/2018 dated September 25, 2018 in case No. 2A-2336/2018

Leninsky district court of Tambov (Tambov region) - Civil and administrative

Kyokushinkai Regional Federation” was registered on March 16, 2009 by the Office of the Ministry of Justice of the Russian Federation for the Tambov Region under the state registration number(OGRN) 1096800000307. In accordance with Art. 29 of the Federal Law of the Russian Federation of May 19, 1995 N 82-FZ "On Public Associations", an organization is obliged to annually inform the body that made the decision on the state registration of a public association about ...

The Law "On Public Organizations of the Russian Federation" regulates relations relating to the exercise by people of the rights to form social institutions, carry out activities within their framework, and reorganize / liquidate them. For foreign individuals and stateless persons, the same legal possibilities are established, except for the cases provided for in regulatory enactments.

Scope

The Law "On Public Organizations and Associations" applies to all social institutions formed by citizens. The exception is religious structures. Also, the normative act does not regulate the activities of commercial structures and non-profit unions and associations formed by them.

Citizens' rights

Individuals have the legal ability to form social institutions (public associations) on a voluntary basis. The purpose of their formation is the protection of the collective interest and the implementation of common tasks. The right of people to associate also presupposes the possibility of joining or abstaining from existing institutions, as well as the possibility of terminating membership in them without any difficulties or obstacles. The formation of social institutions, thus, ensures the realization of interests and rights. The Law "On non-profit public organizations" allows their formation without the need to obtain prior permission for this from state structures, local authorities. Citizens can join such social institutions, subject to the observance of the statutes. The Law "On the Establishment of Public Organizations" does not establish mandatory requirement for registration. Such social institutions can operate without acquiring the rights of a legal entity. At the choice of citizens, a public organization may be registered in the manner prescribed by the law in question.

Normative base

The rights of individuals to associate, their content, the status of organizations, the main guarantees of the state, the procedure for activity, formation, liquidation / reorganization are regulated not only by the law in question, but also by the Civil Code, as well as a number of other regulations. The specifics of the formation, functioning, structural transformations of certain types of social institutions can be regulated by specially adopted legal documents. Such organizations include, for example, trade unions, charitable foundations etc. The normative acts adopted in relation to them must comply with the legal document in question. These institutions can carry out their activities before the adoption of the relevant laws. In this case, their functioning is regulated by the document in question.

concept

The Law "On Public Organizations" reveals the definition of a social institution. It is a self-governing, voluntary formation formed on the initiative of citizens. The structure carries out its activities on a non-commercial basis. Citizens form a social institution in accordance with common interests and goals, which are indicated in the charter.

Subjects

The Law "On Public Organizations" establishes that citizens and legal entities can act as founders of a social institution. These subjects convene a congress, at which they approve the charter, form the control, audit and management apparatus. The founders of a social institution, both legal entities and citizens, perform equal duties and are vested with equal rights. Members of a public organization are public associations (legal entities) and individuals. Their interest is manifested in the collective solution of the problems of the formed institute on the basis of the provisions of its charter. It is drawn up by appropriate documents (statements) that allow taking into account the number of members to ensure their equality as members of the organization. These entities are also endowed with equal legal opportunities and responsibilities. Members of a social institution can be elected and choose the composition of the supervisory and auditing and governing structures. They also have the right to exercise control over the activities of the governing bodies in accordance with the charter. In case of non-fulfillment of their duties, non-compliance with the requirements of the charter, members of a social institution may be expelled from it.

Members

As them, the Law "On Public Organizations" names legal entities and citizens who express support for the goals of the formed institution, specific actions carried out by it. Such entities participate in the activities of the structure without the need to necessarily draw up the conditions for their assistance, unless otherwise provided for in the charter. Like founders and members, members have equal duties and rights.

Kinds

The Law "On Public Organizations" allows the formation of:

movements.
Funds.
Organizations.
institutions.
Bodies of self-activity.
political parties.

Social organization

It is based on membership. Such a structure is formed for the implementation of joint activities. The goals of education are to ensure the protection of interests and the implementation of the tasks provided for in the charter. Legal entities and individuals may act as members, unless otherwise provided by the Federal Law "On Public Organizations" in question. The highest governing structure of a social institution is a conference (congress) or assembly. A collegial body acts as a permanent management apparatus. He is accountable to the conference or general assembly. A social institution may undergo state registration. In this case, the permanent management apparatus implements the rights of the legal entity on behalf of the organization and fulfills its obligations in accordance with the charter.

Traffic

As such, the Law "On Public Organizations of the Russian Federation" recognizes an institution consisting of participants not on the basis of membership. This structure is distinguished by its mass character. A movement may pursue political, social or other socially beneficial goals that are supported by its members. The highest governing apparatus is a conference / congress or assembly. An elected collegial structure acts as a permanent body. It is accountable to the assembly or congress. During the state registration of the movement, its management body, acting permanently, performs duties and exercises rights on behalf of the institute on the basis of the provisions of the charter.

Territorial distribution

Interregional, all-Russian, regional and local organizations are currently functioning. The former should be understood as an institution whose activities are carried out on the basis of statutory goals in a territory covering less than half of all subjects of the country. At the same time, they have their branches, representative offices, departments in each district. An all-Russian organization is an association that carries out its work in more than half of the subjects of the country. They also have their subdivisions in administrative-territorial units. Regional associations are organizations operating within the same subject. There are also local social institutions. They work within the territory controlled by the self-government body. For more specific regulation of these institutions, special regulatory documents may be adopted. For example, the law "On Regional Public Organizations".

Principles

In the normative document it is provided that:

Restrictions

The legislation formulated a number of prohibitions regarding the creation and subsequent activities of public organizations. In particular, the formation and functioning of social institutions whose goals or ongoing activities are characterized as extremist and aimed at inciting ethnic and other hatred are not allowed. This ban was introduced on August 10, 2002. A public organization may include in its program and founding documents provisions relating to the protection of ideas about social justice. The formulation of such concepts cannot be regarded as measures contributing to the incitement of social discord. Restrictions on the formation of certain types of public associations (organizations) can be formulated and approved exclusively within the framework of federal legislation.

Public association is a community that was formed at the request of the inhabitants of the country.

The main feature of a community is the presence of one interest or one goal. To regulate the creation of a public association, Federal Law No. 82 “On Public Associations” was adopted in the Russian Federation.

What is a law?

Federal Law No. 82 "On Public Associations" in the Russian Federation was adopted by the State Duma on April 14, 1995. The last amendments to the Federal Law were made on December 20, 2017. also at this time, adjustments were made to Federal Law 115. Details

Subject of regulation- public relations that arise when citizens create communities or their subsequent liquidation. Foreign citizens and stateless persons have the same rights as citizens of the Russian Federation regarding this Federal Law. Exceptions are cases established by other laws or normative international acts.

Summary Law No. 82 "On Public Associations":

Chapter 1 - Describes general provisions of this Federal Law;
Chapter 2 - Lists the features of the creation of public associations, their reorganization and subsequent termination of activities;
Chapter 3 - Discloses the rights and obligations of persons participating in the association;
Chapter 4 - Describes the concept of community property;
Chapter 5 - Reveals the degree of responsibility for violation of Federal Law 82;
Chapter 6 - Lists possible international connections of communities;
Chapter 7 - Describes the final provisions.

Read more about Federal Law 152 in new edition. Link

Latest amendments

As mentioned above, last changes in Federal Law 82 were introduced on December 20, 2017. In particular, the changes affected the following article:

Ch 5 st 8

A public organization must have a governing body. All major decisions are made by the governing body or the governing collegial group in the public association.

Below are important articles that have not been updated recently.

Article 5 of the Federal Law 82

Article 5 describes the notion of a public association. This is understood as a self-governing voluntary community, created without pursuing commercial goals. Community members share common interests and goals.

Article 7 of the Federal Law on public associations

Article 7 lists the forms in which communities may be organized:

community group;
public institution;
Traffic;
Fund;
Political party (FZ).

82 FZ article 29

Article 29 lists the obligations of a collective association. It should:

Follow the legislation of the Russian Federation and generally accepted principles and norms of international agreements;
Publish reports on the operation of own property every year;
Annually inform the state body that registered the association about the continuation of activities;
Do not interfere with the appearance of an authorized employee at ongoing collective associations of the enterprise;
Inform the federal body of state registration on the amount of money or other property received from foreign sources. They are specified in the Federal Law "On Non-Commercial Organizations", on the purposes of investigating such funds and exploiting real estate.

Community in without fail should inform the body that made the decision on the state registration of this community to change the information specified in Article 5 of the Federal Law "On State Registration of Individual Entrepreneurs and Individuals". You can not provide information received within three days from the date of such changes.

If information has not been provided several times in a row, the authorized state body may apply to the court with a written application for the community to stop its work.

In order to receive funding from foreign sources and participate in the political activities of the Russian Federation, the community must register its association as a non-profit organization that performs the function of a foreign entity.

Article 35

Article 35 describes the management of property in public institutions. Communities that are financed by one or more owners can be managed on the basis of operational management.

Communities that are managed by legal entities may be the property of these citizens. If the ownership of real estate passes to a third party, then the fixed property also passes to him, while he has the right to exercise operational management.

Collective communities are liable for the obligations of the funds that are in their account. If they are not sufficiently subsidized, liability arises. It is borne by the owner of the fixed property (movable and immovable).

Download the current version of Federal Law 82

Federal Law "On Public Associations" No. 82 arose due to the exercise of the rights to associate, create activities and reorganize the collective community. To learn more about the Federal Law, you can go to download.

Federal Law 82 “On Public Associations” regulates the legal relations of citizens that arise in the exercise of their right to participate in regulated groups. It is prescribed that foreign citizens have similar rights. Exceptions are cases expressly specified in legislative acts or international treaties Russian Federation.

Federal Law 82 “On Public Associations” was adopted on April 14, 1995. It regulates the main issues related to the right of citizens to unite in groups and organizations. The summary of the law can be considered on the basis of the structural list of its chapters:

general provisions - include the basic principles of the law, definitions and varieties;
the procedure for the creation of public associations, reorganization and abolition;
the rights and obligations of the joint group;
property and property management, supervision and control over execution;
responsibility for breaking the law;
international public associations and international relations.

Federal Law 82 is constantly being finalized in order to update legislative framework. The purpose of the changes is to optimize the provisions of legal acts, as well as their compliance with other documents adopted in the Russian Federation.

The last amendments to the Law on Public Organizations were made in 2016. They touched upon the wording of some articles. There are no later amendments to the law on associations for 2017.

Download FZ 82

Download Federal Law 82 "On Public Associations" can . The document is given in the current version for 2017. All recent changes have been made to the text. The proposed document is suitable both for obtaining information and for in-depth study of the legislative framework on the issues of association of citizens.

Recent amendments to the law on public associations

The last amendments to Federal Law 82 “On Public Associations” were made in 2016. On January 31, amendments were made to Article 4 of Federal Law 82. According to them, the wording of the first part on the content of the right of citizens to associations was changed.

June 2, 2016 article 8 was supplemented by the fifth paragraph on the need to create a sole proprietorship executive body. In some cases, a collegial executive body is formed.

Since 2016, there have been no amendments to Federal Law 82. A number of changes to the Law on Social Movements were made in earlier periods. They should be considered on the example of the most relevant articles.

Article 5 of the Federal Law 82 regulates the concept of social movement. This is understood as a voluntary non-profit formation based on the principle of self-government. It is prescribed that it is created on the initiative of citizens who unite in the presence of common interests to achieve common goals. The wording of Article 5 has not been amended since the publication of the document.

Article 7 of the Federal Law"On Public Associations" prescribes the organizational and legal forms of possible formations. These include:

social organization;
traffic;
fund;
institution;
body of public initiative;
Political Party.

The last amendments to the article were introduced in 2002. The last paragraph has been added to them, and the second part of Article 7 has been abolished. This provision has no other editions.

Federal Law 82 FZ article 29 prescribes the duties of public associations. These include the following aspects:

compliance with the laws of the Russian Federation, international legal norms and principles;
publication of an annual report on the use of own property;
the need to notify the registration authority of the continuation of its activities, indicating the current location and general information about the name and managers;
if there is a request from the registration authorities, provide all information and reports in the same form in which they are drawn up for the tax service;
allow an authorized person of the registration authorities to attend events, provide other assistance in getting acquainted with the activities of the association;
provide complete information regarding the amount of money and property received from foreign sources.

Separately, the article regulates cases of repeated violation of duties. If the annual report is not submitted, the registering body has the right to apply to the court with an application for the recognition of this association as invalid. This principle applies to annual reports and related information.

Last changes to article 29 were introduced in 2014. They touched upon the wording of the paragraph on the provision of an annual report on the confirmation of activities. The amendments made changed the word "name" to "name".

Law on public associations. Federal law on public associations

Judicial practice under Article 29 of the Federal Law of 19.05.1995 No. 82-FZ

Decision No. 2A-496/2018 2A-496/2018~M-509/2018 M-509/2018 dated September 28, 2018 in case No. 2A-496/2018

Decision No. 2A-1236/2018 2A-1236/2018~M-1067/2018 M-1067/2018 dated September 28, 2018 in case No. 2A-1236/2018

Decision No. 2A-432/2018 2A-432/2018~M-402/2018 M-402/2018 dated September 28, 2018 in case No. 2A-432/2018

Decision No. 2A-3491/2018 2A-3491/2018~M-2879/2018 A-3491/2018 M-2879/2018 dated September 27, 2018 in case No. 2A-3491/2018

Decision No. 2A-737/2018 2A-737/2018~M-899/2018 M-899/2018 dated September 27, 2018 in case No. 2A-737/2018

Decision No. 2A-2066/2018 2A-2066/2018~M-2065/2018 M-2065/2018 dated September 27, 2018 in case No. 2A-2066/2018

Decision No. 2A-4400/2018 2A-4400/2018~M-4493/2018 M-4493/2018 dated September 27, 2018 in case No. 2A-4400/2018

Decision No. 2A-1187/2018 2A-1187/2018~M-1122/2018 M-1122/2018 dated September 27, 2018 in case No. 2A-1187/2018

Decision No. 2A-2336/2018 2A-2336/2018~M-2086/2018 M-2086/2018 dated September 25, 2018 in case No. 2A-2336/2018

Scope

Citizens' rights

Normative base

concept

Subjects

Members

Kinds

Social organization

Traffic

Territorial distribution

Principles

Restrictions

What is a law?

Latest amendments

Download the current version of Federal Law 82

Download FZ 82

Recent amendments to the law on public associations

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