State registration of a public association in connection. How to create a public organization? Documents for registration of public associations

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One of the most common forms of non-profit organizations, which have special registration requirements, are public associations. According to the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" *(115) (Article 3), a public association should be understood as "a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of a community of interests for the implementation of common goals specified in the charter of a public association."

A public association can function both in the form legal entity(i.e. registered in such a way in a certain way), and without the formation of a legal entity. Accordingly, depending on the registration as a legal entity or lack thereof, a public association has a more or less extensive range of rights and obligations.

At the same time, a feature of a public association is the fact that it itself is not an organizational and legal form. This is just a collective term that includes the organizational and legal forms of legal entities that fall under the general characteristics of a public association: voluntariness, self-government, non-commercial type of activity, community of interests and goals of members. Such organizational and legal forms are:

Public organization;

Social movement;

Public fund;

Public institution;

The organ of public amateur performance;

Political Party.

Each of the listed organizational and legal forms, along with the general features characteristic of a public association, have their own characteristics inherent in each of the forms separately.

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 the united citizens (Article 8 of the Law on Public Associations).

A public movement is a mass public association, consisting of members and not having membership, pursuing social, political and other socially useful goals supported by members of a public movement (Article 9 of the Law on Public Associations).

A public fund is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and the use of this property for socially useful purposes. The founders and managers of the property of a public fund are not entitled to use the said property in their own interests (Article 10 of the Law on Public Associations).

A public institution is a non-membership public association that aims to provide a specific type of service that meets the interests of the participants and meets the statutory goals of the said association (Article 11 of the Law on Public Associations).

The body of public initiative is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of persons whose interests are related to the achievement of statutory goals and the implementation of programs of the public body. amateur performance at the place of its creation (Article 12 of the Law on Public Associations).

Legal status political party is determined by a separate block of legislation. At the same time, the issue of state registration of a political party is also separately regulated, therefore it will be considered in a separate paragraph.

Thus, the essential property of a public association is the expression of the interests of a certain stratum of society (a group of citizens), for example, business circles, youth, women, pensioners, veterans, etc. Accordingly, the goals pursued by such associations are quite significant and necessary for society. It is not for nothing that public associations are the basic part of civil society that controls the activities of the state *(116) ... Important in this sense is the norm enshrined in Part 1 of Art. 17 of the Law on Public Associations. According to her, the intervention of the organs state power and their officials in the activities of public associations, as well as interference of public associations in the activities of government bodies and their officials, is not allowed, except in cases stipulated by law.

One of these exceptions is the state registration of public associations as legal entities. Some features of the special registration procedure are enshrined in the Law on Public Associations.

So, there are some special requirements for applicants. For example, the founder of an association can be individual who have reached the age of eighteen (despite the fact that members of a public association can be citizens of a much younger age), and other legal entities - public associations. Foreign citizens and stateless persons who are legally in the territory of the Russian Federation can also be founders of public associations, with the exception of cases established by international treaties of the Russian Federation or federal laws. Some of these exceptional cases are established in the Law on Public Organizations itself (Art. 19). According to the Federal Law of January 10, 2006 N 18-FZ "On Amendments to Certain Legislative Acts of the Russian Federation", which introduced additions and changes to the Law on Public Associations, the following cannot be founders of a public association:

1) a foreign citizen or 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 of organizations and individuals in relation to whom there is information about their participation in extremist activities *(117) ;

3) a public association, the activity of which has been suspended in accordance with Article 10 of the Federal Law of July 25, 2002 "On Countering Extremist Activity";

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

State authorities and local self-government bodies cannot act as participants in public associations.

Accordingly, the applicants for the registration of a public association during its creation may be a) the founder (s) - individuals; b) the head of another public association, acting as the founder of the registered association; c) another person acting on the basis of the authority provided for by federal law, or by an act of a specially authorized state body, or by an act of a local self-government body.

When registering a public association in connection with its liquidation, only the liquidation commission or the liquidator can act as applicants.

Applicants for registration of amendments to the charter and (or) the state register may be a) the head of the permanent executive body of the registered legal entity, and in the absence of such, another person who has the right to act on behalf of this legal entity without a power of attorney; b) another person acting on the basis of the authority provided for by federal law, or by an act of a specially authorized state body, or by an act of a local self-government body.

The list of possible applicants for state registration of a public association created through reorganization is similar to the latter. The applicants for state registration of the creation of regional or local branches of all-Russian or interregional public associations are exclusively the all-Russian or inter-regional public association, respectively.

For state registration of a public association during its creation, authorized applicants, within three months from the date of the founding congress (conference) or general meeting, who decided to register the public association as a legal entity, submit the necessary documents to the body that makes the decision on state registration. Such documents in accordance with par. 6 tbsp. 21 of the Law on Public Associations are:

1) a statement signed by members of the permanent governing body of the public association, indicating their surnames, names, patronymics, place of residence and contact phone 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 auditing body;

4) information about the founders;

5) a document confirming the payment of the state fee;

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

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

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

The application form for state registration of a public association is approved in the Decree of the Government of the Russian Federation of April 15, 2006 N 212. The rules for filling out this form are similar to the rules applicable to filling out an application for registering a legal entity with a normal status. It is only necessary to point out the following features.

According to Article 14 of the Law on Public Associations, it is allowed for all-Russian public associations to use the word and phrase "Russia", " the Russian Federation"and words and phrases formed on their basis without the special permission of an authorized state body.

For the body that makes the decision on registration, the goals of creating a public association (the so-called statutory goals), which are indicated in the application, are also important. At the same time, the goals of the association specified in the statement must fully correspond with the goals enshrined in the charter of the public association.

The charter is the only constituent document of a public association. According to Article 20 of the Law on Public Associations, it must contain the following information:

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

2) the structure of the public association, its governing and control and auditing bodies, the territory within which this association carries out its activities;

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

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

5) the procedure for making changes and additions to the charter of the public association;

6) sources of formation Money and other property of a public association, the rights of a public association and its structural units for property management;

7) the procedure for reorganization and (or) liquidation of a public association. All copies of the charter (three copies are required) are submitted in originals. The pages of the charter must be numbered, sewn, and the charter itself must be certified by the head of the public association.

An important fact in the activities of a public association is the decisions of the congress (conference) or general meeting on the creation of a public association, on the approval of its charter and on the formation of governing and control and auditing bodies. It is from the moment these decisions are made that a public association is considered created: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes the obligations provided for by law (Article 18 of the Law on Public Associations). Due to the importance of these decisions, they (in whole or in the form of extracts from the minutes) must be submitted to the body that makes the decision on the state registration of the public association. The extract is submitted in duplicate and must contain the following data: date and place of the founding congress (conference) or general meeting; list of founders - participants of the constituent congress (conference) or general meeting; information on the quantitative and personal composition of working bodies (presidium, secretariat, etc.); creature decisions taken and the results of voting on them; information (surnames, names, patronymics) about the elected members of the governing and control and auditing bodies, the surname and signature of the chairman and secretary of the congress (conference) or general meeting responsible for drawing up the minutes.

Information about the address (location) of the permanent governing body of the public association, at which communication with the public association is carried out, shall be issued in any form. However, they must necessarily contain the following data: the name of the subject of the Russian Federation, district, city, other settlement, street, house number, apartment.

In addition, for the registration of an international, all-Russian or interregional public association in the body that makes the decision on registration, it is necessary to submit the minutes of constituent congresses (conferences) or general meetings of their structural divisions.

If a public association uses the personal name of a citizen, symbols protected by the legislation of Russia on the protection of intellectual property or copyrights, as well as the full name of another legal entity as part of its own name, the body that makes the decision on state registration of such an association will need an additional document confirming the right associations for the use of similar products. A document confirming the authority of a public association to use the names of state and public figures in its name is the decision on this issue by the relevant executive authorities of the Russian Federation at the location of the permanent governing body of the association. And a document confirming the authority of a public association to use symbols protected by the legislation of Russia on the protection of intellectual property may be a registration certificate of the State Patent Office of the Russian Federation, a decision of a judicial authority or another document of title.

To register a branch of a public association, all the listed documents, certified by the central governing body of the public association, as well as a copy of the document on state registration of the public association (a copy of the Certificate of state registration of the public association) are submitted to the territorial body of the Federal Registration Service for the constituent entity of the Russian Federation. The state registration of a branch of a public association is carried out in accordance with the procedure provided for the state registration of public associations. In the event that 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 state registration body in the corresponding constituent entity of the Russian Federation about the presence of the said branch, its location , reports information about its governing bodies. In this case, the specified branch acquires the rights of a legal entity from the moment of state registration (part 9 of article 21 of the Law on public associations).

All documents must be submitted in the state language of the Russian Federation - Russian.

The term for state registration of a public association depends on the fact to be registered. Thus, the period for registering the facts of the creation, reorganization of a public association, amendments to the charter of the association or information on the association in the Unified State Register of Legal Entities is thirty days. And the term for registering a public association in connection with its liquidation is much shorter and is ten days.

Upon the expiration of the registration period, the body of the Federal Registration Service must make one of the following decisions: either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

Unlike the registration of legal entities with ordinary status, where the verification of the submitted documents is carried out exclusively formally, the decision to register a public association is based on a more thorough verification of the submitted documents. Let's call it a quality check. In accordance with the Order of the Ministry of Justice of March 25, 2003 N 68, it includes an analysis of the charter and other "constituent documents" *(118) public association in terms of:

1) compliance with the Constitution of the Russian Federation, the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", the Federal Law "On Public Associations", federal laws on certain types of public associations;

2) availability full list constituent documents required by law;

3) compliance with the proper procedure and correctness of the registration of constituent documents;

4) the reliability of the information contained in the constituent documents submitted for state registration;

5) compliance of the name of the public association with the requirements of the law;

6) the presence in the Unified State Register of Legal Entities of a registered public association with the same name in the territory within which this association operates.

To implement the tasks set, the bodies making decisions on the registration of a public association, if necessary, have the right (clause 2.2. Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68):

1) receive, for review, from the association that applied for state registration, original copies of constituent documents and other materials;

2) receive information and explanations from representatives of public associations and other interested persons and organizations on issues related to the state registration of the association;

4) receive expert opinions on issues arising in connection with the state registration of the association;

5) perform other actions arising from the requirements of the law.

In the event of any comments on the submitted documents that require revision, but do not interfere with the adoption of a decision on state registration of the relevant public association, the bodies making the decision on registration can officially bring these comments to the attention of the permanent governing body of this association in writing. However, editing of documents already under consideration is not allowed. A public association only has the right to either continue the registration procedure on the basis of previously submitted documents, or, upon written application, return the materials submitted to the bodies of the Federal Registration Service. True, the second option is possible only if the decision on state registration of the public association has not yet been made.

After one month from the date of acceptance of the documents, the body of the Federal Registration Service is obliged to make either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

The decision to refuse state registration of an association can only come under strict legal regulation, which is contained in Article 23 of the Law on Public Associations. According to its content, the grounds for refusal are the following situations:

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

2) if an incomplete list of documents required for state registration, determined by the Federal Law "On Public Association", is presented, or these documents are drawn up in an inappropriate manner or submitted to an inappropriate body;

3) if the person acting as the founder of the public association cannot be the founder;

4) if a previously registered public association with the same name carries out its activities within the same territory;

5) if it is established that the submitted constituent documents contain false information;

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

Based on the presented list of grounds, the following conclusions can be drawn.

Refusal in state registration of a public association on grounds of the inexpediency of its creation, as well as on other grounds not indicated in the list, is not allowed.

Refusal to register a public association is formalized in the form of an opinion approved by an authorized person of the Ministry of Justice of the Russian Federation or its territorial body. Not later than one month from the date of the adoption of the corresponding opinion, the applicants are informed about this in writing, indicating the specific provisions of the legislation of the Russian Federation, the violation of which led to the refusal of state registration of this association.

Refusal of state registration, as well as evasion of such registration, can be appealed to a higher authority or a court of general jurisdiction.

If the procedural actions of the body of the Federal Registration Service for the verification of documents did not reveal any violations, the latter, within thirty days from the date the applicant submits the documents, decides on the state registration of the public association.

On the basis of this decision and the submitted information and documents, the authorized registering body, within a period of not more than five working days from the date of receipt of this information and documents, makes a corresponding entry in the Unified State Register of Legal Entities and no later than the working day following the day of making such an entry, informs the body about it who made a decision on state registration of a public association.

The body of the Federal Registration Service, no later than three working days from the date of receipt from the authorized registering body of information on the entry into the Unified State Register of Legal Entities, issues a certificate of state registration to the applicant.

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

All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural divisions there - organizations, departments or branches and representative offices. At present, the Russian Federation includes 85 constituent entities. Absence the required amount structural divisions is a violation and may lead to the liquidation of a public association. Inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
Interregional public association carries out its activities in the territories of less than half of the constituent entities of the Russian Federation and has its own structural divisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation... Interregional public associations have a special structure, which, as a rule, are regional and local branches.
Regional public association, the activities of such an association in accordance with its statutory goals are carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates on the territory of Moscow.
Local public association conducts its activities within the territory of only one local government body. For example, the local public regional organization of motorists Losinoostrovskaya operates on the territory of the intracity municipal formation Losinoostrovskoe in Moscow.

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

Free association for the protection of their legitimate interests is one of the human and civil rights specified in the Basic Law of the state. Of course, not every collective formation falls within the scope of this norm. Only a group operating on a permanent basis, created and entered in the state register can be recognized as a public association and fall under the protection of Art. 13 of the Constitution of the Russian Federation.

Definition of a public association

This right of citizens is realized both in the form of direct association into a collective, and through registered organizations - public associations. The latter option is more preferable for those who are focused on achieving specific results ( public control, legislative initiative), and not just an expression of their active position. A registered public association is protected by the state, has the opportunity to defend its rights and interests, participate in elections and referendums (if it sets such a goal for itself and indicates this in the charter), and also defend the interests of its own or its members in court.

Article 5 of the Federal Law of May 19, 1995 No. 82-FZ defines public associations as created on a voluntary basis, non-profit, self-governing formations with common interests of citizens, united to achieve common goals.

Conditions for creating an association

Before creating public organization you should make sure that the formation meets the following conditions:

Voluntary nature of creation - the association is established on the initiative of citizens or legal entities wishing to become its founders. No prior permits (approvals) are required for this process, and the founders must be bound by a common interest.
Self-management - proactive and independent adoption by the participants of all decisions on the management of the association, including the determination of the structure, management and financial and audit bodies.
Non-profit in nature - associations do not carry out activities related to the regular receipt of profit, which is subsequently distributed among the participants.

This is a fundamental difference that separates such formations from commercial legal entities.

Organizational types of associations

Forms of a public organization is a set of conditions and characteristics, established in the current legislation, characteristic of a certain category of public associations, consisting of characteristics of the goals of creation, the order of relations between participants and third parties, as well as the procedure for managing property and income.

The choice of the form of the association to be created is the prerogative of its founders.

Public organization. A common form of organizational and legal structure, the signs of which are compulsory membership (documented) and Team work to achieve the set goals. For example, public organizations are trade unions, consumer societies, homeowners' associations.
Social movement. This form is characterized by mass character, with no registered membership and without the need to maintain constant communication and activity. It is aimed at satisfying the intangible interests and desires of citizens (charity, culture, education, ecology, animal welfare, etc.). Social movements can unite a large number of people different ages and regulations, which, accordingly, allows you to organize crowded events.
Public fund. The activity of such associations is quite specific, since it consists in the formation and management of property, which is further directed to the statutory goals. The sources of wealth of the funds are voluntary contributions, donations and other non-prohibited receipts. In this case, the transfer of property to the founders is unacceptable.
Public institution. There is also no registered membership here, but its activities are limited to the provision of services of a certain type, aimed at achieving statutory goals.
The organ of public amateur performance. Such public associations arise at the place of residence, work or study and are aimed at permission social problems those who are part of the formation itself. Amateur bodies include people's guards, parental committees, voluntary fire brigades, library councils, etc.
Political Party. This form of public association aims to involve citizens of the Russian Federation in political life society in the form of the formation of their beliefs and positions, participation in actions (rallies, processions, pickets, demonstrations), in elections different levels and referendums, as well as to represent interests.

In addition to organizational forms, there are many other criteria for classifications. For example, depending on whose protection the association operates, children's and youth public organizations, societies for the protection of disabled people, participants in the Second World War, a society of the blind, etc. are singled out.

Associations and unions of public associations

Public organizations different forms to achieve better results at work, they can form unions and associations. Members of such a collective association participate in its management through their representatives.

At the same time, the formative feature of associations is the uniformity of all participants (uniformity of the forms of associations), and for unions - the commonality of goals for which it is created. It is also possible that an association becomes a member of the union, which can be called a primary collective public association.

The union of public organizations, like the association, in its work is focused mainly on coordinating the work of its members and increasing the level of its effectiveness. These goals are achieved through joint events, exchange of information and attraction of material resources.

To achieve an effective result, collective associations are registered as legal entities. Then the association and the union get the opportunity not only to confer and develop a general strategy of activity, but also to form financial and material resources for the implementation of various projects, programs and events.

The creation of an association or union, taking into account the fact that legal entities act as founders, is similar to the procedure for registering any public association. However, the volume of the constituent agreement is much higher, since its content should describe in detail the relations of the parties (members of a union or association) for an indefinite period, establish rights and obligations, responsibility and procedure for interaction.

The property of the collective association is formed at the expense of regular receipts of the participants. The amount and procedure for making contributions must be determined in the memorandum of association and charter. Association or union assets can be generated from the following sources:

regular or one-time membership fees;
donations (including targeted donations);
proceeds from the sale of products, the fulfillment of orders and the provision of services;
dividends and other income (interest on shares, securities, deposits);
property income (rent, etc.).

Territorial levels of associations

Russian public organizations differ not only in the forms of organizational structure, but also in the territory in which they operate. Currently, the following levels can be distinguished:

All-Russian public organization - has branches, representative offices or departments in more than half of the regions of the Russian Federation.
Interregional public organization - has independent structural divisions and operates on the territory of less than half of the subjects of the country.
Regional public organization - carries out activities within one constituent entity of Russia (territory, republic, region). To obtain this status, it is necessary to indicate in the charter that the work will be carried out within a certain territory.
Local public organization - carries out work to implement the statutory goals within the boundaries of the local government (administrative district, district or settlement). Despite the small space for activities, local associations, as well as regional ones, have the right to create their own branches and representative offices and further increase their territorial level.

Children's and youth associations

Public organizations in Russia, whose activities are aimed at the development and protection of children and the young generation, are worth highlighting. Their creation and operation are regulated not only by Federal Law No. 82-FZ of May 19, 1995, but also by international documents - the 1924 Geneva Declaration of the Rights of the Child and the 1984 UN Convention on the Rights of the Child.

Children's public organizations have a positive social and moral orientation and are considered as a significant factor in the development of the next generation of society. The right to participate in the work and the status of a full member of a children's public association is granted to young people who have reached the age of 8 years. However, they cannot be founders and participate in management, since they do not have sufficient civil legal capacity.

Youth public organizations have the right to include age restrictions for participants in the statutory documents. Thus, the age category of members will demonstrate that the social formation belongs to youth associations.

Documents for registration of an association

The freedom of civil society is also manifested in the procedure for creating public organizations in Russia. They are considered to be created not from the date of state registration, but from the moment a decision is made on their creation at a conference or general meeting of founders. Thus, the state recognizes the right of citizens to unite as actually realized from the moment of the corresponding expression of will.

The registration procedure for associations is carried out in accordance with the provisions of Art. 21 of the Federal Law of May 19, 1995 No. 82-FZ and consists of 2 stages: making a decision and making an entry on the creation of a legal entity in the Unified State Register of Legal Entities. From the moment of the latter, the public association acquires its legal capacity.

The list of documents for registering a public association is defined in clause 28 of the Administrative Regulations approved by Order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455. It includes:

Registration application. The application form R11001 is used, approved by order of the Federal Tax Service dated 25.01.2012 No. ММВ-7-6 / [email protected] The relevant columns of this statement indicate information about the founders and the address (location) of the permanent governing body.
The charter of an association or association (union) of public associations in 3 copies, stitched and numbered.
The constituent agreement (agreement) or an extract from the minutes of the constituent conference (congress, meeting, meeting). The latter should contain information on the establishment of the association, approval of the charter and the formation of governing and auditing bodies.
A document confirming the payment of the state fee, the amount of which is determined in clause 1 of part 1 of Art. 333.33 of the Tax Code of the Russian Federation and amounts to 4,000 rubles. Payment is made on behalf of the applicant as an individual.
Minutes of constituent meetings (conferences, congresses) of structural divisions for all-Russian, interregional and international associations. Regional public organization does not provide additional documents, even if it has branches and departments within the subject.
If a personal name or a copyrighted mark is used in a name (symbolism, motto), permission for its use is attached to the package of documents.

A set of documents is submitted for registration no later than 3 months from the date of the founding meeting. The very process of entering the association into the register as a legal entity should last no more than 17 days. This is 3 times longer than for commercial associations and is due to the specifics of the status.

Requirements for founders of associations

The process of creating an organization begins with a voluntary initiative of its founders, who decide on the need for a public formation to protect their own and public interests, to achieve common goals. Before creating a public organization, it is necessary to check how its founders meet the requirements of the founders of public associations.

The number of founders cannot be less than 3, but maximum size unlimited, which allows the social movement to flourish. At the origins of public organizations can be individuals and legal entities (non-profit associations), which within the framework of the formation will have equal rights and obligations.

The main conditions for the founders and members of a public association are reaching 18 years of age and full legal capacity. The only exceptions are members of children's and youth associations, where the age can start from 8 and 14 years, respectively.

Despite the fact that Federal Law No. 82-FZ of May 19, 1995 speaks exclusively of citizens, foreigners and stateless persons who are legally in the country can also act as the founder of an organization or movement.

Foreign citizens and stateless persons included in the "black lists" of the Russian Federation.
Persons (people and organizations) on the list of suspects in extremist and terrorist activities.
Public associations of various forms, prohibited in the Russian Federation ("Right Sector", "Islamic State", "Union of Bloody Harvest", etc.).
Individuals who are held in places of deprivation of liberty by a court decision. Moreover, we are talking only about those who are serving real terms, but not about those under the condition of early release.
Bodies of state power, local self-government of any level. However, this limitation does not apply to state and municipal employees, as individuals.

Founders are not required to obtain permission or notify the authorities of their decision to create a public association, since the state should not exert any influence on its activities.

Charter of a public association

Details of the structure, future activities, the peculiarities of relations between the participants and other provisions are described in the charter, which is the constituent document of the association. The contents of this document, in general outline, consists of the following:

General information about the created public association - name (full, abbreviated), address, organizational form and the territory within which the activity is carried out.
The goals of the association, which is understood as the intended result of its existence. It should be borne in mind that the intentions declared in the charter cannot be associated with entrepreneurial activity, that is, making a profit. A public organization of Russia should strive to achieve social, charitable, cultural, educational and scientific goals, as well as goals of health protection, satisfaction of spiritual and other intangible needs, protection of rights and legitimate interests, peaceful resolution of conflicts, assistance (psychological, legal, material) ... The list of good intentions is very long and is always drawn up taking into account the association.
A detailed description of the structure of the association, governing and financial and auditing bodies with a description of their powers, the order of formation and work. The rights of public organizations to define the competence, formation and term of office of governing bodies are very broad. They can be periodic conferences, general meetings, the board, the council of the association, the board of trustees (for foundations). In general, all management structures are divided into senior, determining the direction and principle of work, and executive, responsible for the current management. The auditing bodies, in turn, exercise control over financial activities a public association, directing the accumulated property for the fulfillment of statutory goals.
Regulations on the replacement and reorganization of the governing and control and financial bodies upon completion of the term determined by the founders.
Conditions for obtaining and losing membership, as well as the procedure for joining and excluding from the association.
List of rights and obligations of members (participants) of a public association. Since the creation of the formation is based on voluntariness, the charter should not oblige them to do anything for the sake of the effective operation of the organization. Basically, the obligations of the participants relate to the timely payment of contributions, participation in management, implementation of decisions of governing and auditing bodies, inadmissibility of causing damage. The list of the rights of members of associations, in addition to those enshrined in the law, may include the ability to obtain information about the work of the organization as a whole and its bodies in particular, to receive assistance, advice, participate in events, receive benefits and privileges.
The symbols of a public association are of great importance for its activities, and therefore their description (including graphic images) is given in the content of the charter.

The requirements of the charter of a public association should be guided by the association itself as a legal entity and its founders (participants). Other participants in legal relations with a specific public association should also take into account the provisions of the charter of the partner public association, since the exchange of copies of constituent documents is a generally accepted practice when concluding any type of agreement.

Entrepreneurial activity of associations

Founders often think about the question of how to create a public organization in order to be able to carry out activities with a profit that will cover, in whole or in part, the costs of the association. According to paragraph 4 of Art. 50 of the Civil Code of the Russian Federation, any non-profit associations have the right to carry out profitable activities if this is provided for by their Charter. However, the norm also contains a restriction - income must be directed towards achieving the goals of associations and cannot be redistributed among its participants (members).

Community organizations can profit from the following sources:

use of property, including renting it out;
production of goods and provision of services;
placement of funds in deposit accounts;
purchase and circulation of shares and securities;
participation in business companies as a contributor.

It is worth taking into account the position of the Supreme Arbitration Court, which in Resolution No. 1441/97 of July 8, 1997 did not recognize as income the interest received by the housing construction cooperative from placing funds on a deposit account with Sberbank of Russia. The court indicated that the activity of the cooperative is not entrepreneurial, since it is carried out not by the non-profit organization itself, but by its representative (bank).

However, if the profit is received systematically, it is most its income and is directed to the needs of the formation itself, such activities of public organizations are already entrepreneurial.

Creation of a public association without registration

Information on the procedure and requirements for registration of public organizations is in the public domain. But not everyone can understand how to create a public organization without formal registration.

Such a formation arises as an ordinary association of citizens, and the right to create it is provided for in Art. 3 of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations". The requirements and procedure for creating an association do not differ from those provided for public organizations acting as a legal entity. However, the list of documents is limited by the charter and the memorandum of association, which remains deposited with the governing body.

Among the advantages of informal associations, there is an opportunity not to keep accounting and tax documents, not to waste time and money on registration and reporting to the Ministry of Justice. But on the other hand, an association without obtaining the status of a legal entity cannot be a participant in civil turnover, have own funds and open bank accounts, act as a representative of interests, manage property. Thus, it can only use deliberative capabilities and exchange information.

A public association is understood as a voluntary, self-governing, non-profit formation, created at the initiative of citizens, united on the basis of a community of interests for the implementation of common goals specified in the charter of this organization. Public associations can be created in one of the following organizational and legal forms: public organization, social movement, public fund, public institution, body of public initiative, political public association or union (association) of public associations. Only individuals and (or) public organizations (both Russian and foreign) can act as founders of public associations.

According to the Law of the Russian Federation "On Public Associations", the decision on state registration of a public association is made by the federal executive body in the field of justice or by its territorial subdivision. An entry on the establishment of a public association in the Unified Register of Legal Entities is carried out by an authorized body - tax office, according to the Federal Law "On State Registration". Thus, it is clearly seen that the creation and registration of public associations has its own characteristics, like other non-profit organizations, this applies to the procedure itself, and the package of documents, and others. important points, therefore, the help of an experienced specialist is very often needed.

To carry out state registration of public associations, the following package of documents must be submitted to the federal justice body or its corresponding territorial structural unit for registration: a public organization, institution, movement, etc.:

a statement signed by the members of the continuously functioning governing body of the organization, noting their last names, first names, patronymics, place of residence and contact numbers (in 2 copies);
the name of the public association;
the charter of a public association (in 3 copies);
an extract from the minutes of the general meeting, containing information on the establishment of a public association, on the approval of its charter and on the corresponding creation of a governing and supervisory body;
information about the founders (in 2 copies);
a document confirming the fact of payment of the state fee;
information about the address, location of the continuously functioning governing body of the public association, through which communication with the public association is carried out;
minutes of founding congresses (conferences) or general meetings of structural divisions, if we are talking about international, all-Russian and interregional public associations;
if a public association uses given name citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyrights, it is necessary to submit documents confirming the authority to use them;
information about the chief accountant of the public association (copy of the passport, postal code of registration, contact phone number);
information about the bank in which it is planned to open a current account (name, address, contact phone number).

The term for registering a public association is about one and a half months. So, in particular, at the first stage within 30 days. The Ministry of Justice must make a decision on the state. registration of the association (or refuse). After that, in case of a positive decision, they proceed to the second stage: information about the new legal entity is entered into the Unified State Register of Legal Entities (5 working days) and a corresponding certificate is issued (3 working days). In addition, it is necessary to carry out tax registration, open an account, receive codes from Goskomstat, etc., which can also take about 5-10 days.

The procedure for creating public associations is rather painstaking and laborious, requiring knowledge of many legal subtleties and experience. Not everyone knows how to create such a non-profit organization. Therefore, we offer you professional help in the registration of a non-profit organization in the form of a public association. By contacting us, you can be sure that state registration public associations will be carried out by the hands of professionals. In addition, we definitely give guarantees for our services, which will also confirm the reliability of cooperation with us for you.

Basic cost of registration of public associations

Registration of a public association in the form of a public organization, movement, foundation, institution, etc. and its cost depend on many factors: which form you choose, do you need additional services: making a seal, opening an account, etc. In addition, you can also choose a legal address for yourself at which the registration of a public association: institution, movement, etc. will be successful.

The standard package of services for registering a public association includes:

free consultation on all issues of registration of a public association;
preparation of registration documents;
payment of state fees and charges;
support of the registration procedure with the Federal Registration Service with the receipt of a certificate of state registration of the organization;
receiving a letter from the State Statistics Committee on the assignment of codes;
tax registration;
registration in off-budget funds;
production of automatic printing.

In addition, our company offers a range of additional services for registration and support of a non-profit organization in the form of a public association. We can offer full support when registration of a public association in the form of a public organization, institution, foundation, movement, etc. is required.

Additional services provided during the registration of public associations

In today's market of legal services, the registration of non-profit organizations is an extremely popular commodity, but, nevertheless, a piece. This is due to the fact that the state registration of a public organization, movement, foundation, etc. has many nuances, which not even every lawyer knows about. In addition, the lack of unambiguous and clear legislation governing the procedure for registering and carrying out the activities of non-profit organizations makes this area of knowledge extremely complex and multifaceted, so not every specialist will undertake the registration of a non-profit organization.

Our specialists have many years of experience in the field of registration of non-profit organizations in the form of a public association, and we offer you reliable and professional assistance. Also, you can be sure that the registration of your public organization or foundation will take into account all legislative norms and the procedure for creating such associations, and the price of this service will pleasantly surprise you with its democracy, along with its high quality. Trust only real professionals!

Registration of a public organization in Russia- a set of measures aimed at opening an NGO and the subsequent conduct of legal activities. To avoid difficulties in the registration process, it is important to follow the given algorithm or involve specialists in the field of registration. In the second case, registration costs will be higher. Consider step by step instructions how to register an NPO on your own.

What is a non-profit organization?

Non-profit organization- one of the forms of activity of a legal entity planning further work in social sphere... On the the present stage NPOs are regulated at the legislative level, and various measures are envisaged to support such areas.

To successfully register a public non-profit organization, you should pay attention to a number of nuances:

Legislative requirements in force.
The goals and objectives of the organization. It is important that they comply with the laws.
Documents that must be submitted for registration.

The legislation of the Russian Federation states that an NPO is an organization main goal which is not the receipt of income and its distribution among the founders. Such structures, as a rule, are formed to work in the social sphere, for the benefit of society. When creating an NCO, there are no restrictions on the period of validity, unless other requirements are established in the charter. A non-profit organization can operate in different areas- charitable, cultural, educational, scientific, health care and many others.

The main forms of NPOs include autonomous, public and religious organizations, social and charitable foundations, Cossack formations, communities of indigenous peoples of the Russian Federation and others.

Who has the right to create a non-profit public organization?

Ordinary individuals - foreigners or citizens of Russia, as well as companies - have the right to act as the founder of an NPO. The number of participants in such companies is not limited at the state level. Situations are possible when a public organization has only one participant. The latter option is excluded for the following forms of activity - unions, associations and partnerships.

NPO participants can be:

Individuals (must be capable) or legal entity.
Foreigners who are legally in the country.

NCO founders cannot be:

Foreigners or stateless persons, in relation to whom there is a ban on staying in the territory of the state.
Subjects that are on the list taking into account the Federal Law on money laundering and terrorist financing.
Associations (public or religious) whose activities are prohibited on the territory of the Russian Federation according to the Federal Law on extremist activities (Article 10).
Subjects who, by a court decision, are involved in extremist activities.
Persons who do not comply with the requirements of the legislation governing the procedure for the creation, registration and liquidation of a non-profit organization.

When creating a public organization, the constituent documents play a key role. They contain information about the goals of the company, the structure of the company, as well as the conditions for its work in the future. It is this documentation that the registration authorities study when considering an application for registration. According to federal laws of the Russian Federation, the main constituent paper is the charter, which is approved by the participant (owner) of the NCO.

The constituent documents must contain the following information:

The name of the NPO with a description of the directions and forms of activity.
Legal address at which the public structure is registered.
Objectives and subject, as well as principles of management of activities.
The rights and obligations of the founders.
Data on branches and representative offices of the organization.
The nuances of the founders' exit from the NPO and the subtleties of admission.
Features of making amendments to the constituent papers.
Sources of property creation, as well as the procedure for its use.

NGO registration - step by step

Today, the task of registering an NGO is undertaken by the Ministry of Justice of the Russian Federation. It is this body and its branches in various territories of the country that carry out the work of receiving applications and checking documents. In addition, they are the ones who make decisions on the reorganization or liquidation of such companies. Amendments to the constituent documents or the inclusion of a newly created structure in the Unified State Register of Legal Entities is also the task of the Ministry of Justice. The registration process takes place in several stages.

Search for founders

The above considered who, according to the law, is entitled to become a member of an NPO - a company or an individual who has no prohibitions at the legislative level.

Determination of the direction of activity

When going through this stage, it is worth considering the following nuances:

It is important that the type of activity is consistent with the goals for which the non-profit organization is being created.
It is important to prescribe in the charter of the structure all types of activities that the NPO plans to conduct.
In the Unified State Register of Legal Entities full information in relation to the activities of such structures.

Name selection

Special attention is paid to the choice of the name of the NPO. A number of requirements are imposed on it:

Use only Russian.
Indication of the form and type of activity.
Registration of the name is obligatory, otherwise other persons will be able to use it.
It is important to be careful when used in the name "Russian Federation". There are a number of nuances that you should familiarize yourself with before registering.

Determination of the legal address

The next step is to choose a legal address for the organization. It is worth highlighting only two main rules here. First, it is required to indicate the real legal address. Secondly, if the object is issued for lease, it is required to transfer the lease agreement to the Ministry of Justice. If the founder himself owns the office, supporting papers will be required.

Collection and transfer of documentation

Now it's worth collecting documents for registering a public association. The package of papers includes:

Statement. The application form upon creation can be taken from the registration authority. The document is drawn up in two copies.
Constituent papers, or rather - the charter (in triplicate).
The decision to establish an NCO, as well as to approve the constituent documents. This requires an indication of the composition of the designated bodies. Quantity - 2 units.
State duty payment papers (receipt) - 2 units.
Information about NPO participants - 2 items.
Information about the legal address of the public organization, at which it can be contacted (if necessary). Alternatively, the transfer of a lease agreement or certificate of ownership of the object.
Papers confirming the possibility of using the name of the founder, symbols prohibited by the laws of the Russian Federation in the name of the NPO, and so on.
Extract from the register of legal entities of the country where the founder comes from, or another paper of equal validity, confirming the status of a foreign participant.
Application for inclusion of an NCO in the relevant register, which reflects public organizations playing the role of a foreign agent.

The Ministry of Justice of the Russian Federation does not have the right to demand other papers, except for those included in the list discussed above.

Payment of state duty

The next step is to pay a state duty, the amount of which in relation to NPOs is 4,000 rubles. But there are a number of nuances here:

The cost of state registration of a legal entity is 4,000 rubles.
Registration of a political party (branches by region) - 3,500 rubles.
Public organization of disabled people - 1,400 rubles.
Entering information into the state register of SRO - 6,500 rubles.

After payment, it is important to note that the receipt indicated the name of the person submitting the papers for state registration.

Transfer of papers to the Ministry of Justice

As soon as all the documentation is prepared and the registration process is paid for, it is required to transfer a package of papers to the Ministry of Justice. No more than 3 months are allocated for this, starting from the day the decision is made to open an NPO.

The transfer can be carried out in person or through the portal of public services, where there are the required forms to fill out.

Obtaining a certificate

If the Ministry of Justice issued a positive decision, the applicant receives a Certificate confirming the successful registration of the NPO. A period of up to one month is given for this. The paper guarantees the success of the registration procedures. The following information is noted in the certificate - personal code ( registration number), legal address, as well as the name of the NGO.

As noted, government agencies have no more than a month to complete registration procedures. In practice, registration takes place faster - up to two weeks from the date of transfer of the papers. This is possible if the Ministry of Justice has no claims against the applicant in terms of the transferred documentation and other aspects of future activities.

Further, the information goes to the Federal Tax Service in order to include information about the created organization in the Unified State Register of Legal Entities. On the basis of the information received, within five days, data on the new public organization is included in the register, and the next day the tax service reports on the work done to the Ministry of Finance of the Russian Federation. Employees of the latter, within 3 days, prepare and submit a certificate of state registration. That is why the process is delayed for up to 30 days.

The subtleties of the application

One of the main documents in the process of creating an NGO is an application that is submitted to the Ministry of Justice. A member of the organization prepares a paper in two versions, and then signs it. Filling out the application is carried out according to the generally accepted form P11001. The correct template can be found on the website of the Ministry of Justice. There are also other samples of papers that are required for the registration procedures.

In the application for the creation of an NCO, the following information is required - name, phone number, and also the address of the participant. It is obligatory to have the applicant's signature, certified by a notary. A second statement is also written with a signature made in your own hand (a copy of the first paper is not allowed).

What to do if registration is refused?

The Ministry of Justice of the Russian Federation has the right to make a decision - to register an NPO or to refuse to provide an applicant with such a service. In addition, such a decision in the regions is made by its territorial bodies. If all papers are collected and filled out correctly, claims rarely arise. But situations are possible when the authorized body refuses to create a public organization of a non-profit type. There are a number of reasons for this:

Constituent or other papers that have been submitted to the Ministry of Justice of the Russian Federation for consideration and registration of NPOs are in conflict with the laws and the Constitution of the Russian Federation.
The name of the structure contains elements of insult to morality, as well as to religious and national feelings.
The package of papers required for the creation of an NCO is not fully formed and does not comply with the requirements of the legislation of the Russian Federation. The reason for the failure is often a transfer to an inappropriate structure.
The role of the founder of an NPO is a person who, taking into account the Federal Law, is not entitled to perform such a function.
The papers submitted for consideration contain information that is erroneous and does not correspond to the real state of affairs.

If the applicant has received a refusal to create an NPO, he has two options at his disposal - to accept the refusal and stop trying to create a public organization of this type or to achieve the goal. It is not prohibited by law to collect and transfer a package of papers for registration again, but on condition that the reasons for the refusal have been eliminated. Secondary submission of securities is carried out taking into account the requirements of the Federal Law on NPOs.

As can be seen from the article, the process of creating an NPO is quite laborious and requires a certain amount of time to collect papers, transfer them and wait for a decision from the Ministry of Justice or its representatives in the regions. But with the right approach the whole process, from making a decision to obtaining a certificate, can take no more than two months.