Legislative base of the Russian Federation. Legislative framework of the Russian Federation FZ 7 on non-profit organizations

Article 1. Subject of regulation and scope of this Federal Law

1. This Federal Law defines the legal status, procedure for the creation, operation, reorganization and liquidation of non-profit organizations as legal entities, the formation and use of the property of non-profit organizations, the rights and obligations of their founders (participants), the basics of managing non-profit organizations and possible forms of their support by state authorities authorities and local governments.

2. This Federal Law applies to all non-profit organizations established or being created in the territory of the Russian Federation, insofar as otherwise is not established by this Federal Law and other federal laws.

2.1. This Federal Law determines the procedure for the creation and operation of structural subdivisions of foreign non-profit non-governmental organizations on the territory of the Russian Federation.

2.2. The provisions of this Federal Law, which determine the procedure for the creation and operation on the territory of the Russian Federation of structural subdivisions of foreign non-profit non-governmental organizations, shall apply to structural subdivisions of international organizations (associations) insofar as they do not contradict international treaties of the Russian Federation.

3. This Federal Law does not apply to consumer cooperatives, homeowners' associations, horticultural, horticultural and dacha non-profit associations of citizens.

4. Articles 13-19, 21-23, 28-30 of this Federal Law do not apply to religious organizations.

4.1. Effect of Article 13.1, paragraphs 1, 1.1-1.3 of Article 15, Articles 23 and 23.1, paragraph one of paragraph 2 of Article 24 (regarding the acquisition and sale of securities and participation in limited partnerships as an investor), paragraph 1 of Article 30, paragraphs 3 , 3.1, 5, 7 and 10 and 14 of Article 32 of this Federal Law does not apply to budgetary institutions.

4.2. Action articles 13.1, paragraphs 1, 1.1-1.3 of article 15, articles 18, 19, 20, 23 and 23.1, paragraph one of clause 2 (regarding the acquisition and sale of securities and participation in limited partnerships as an investor), clause 3 and clause 4 (with the exception of paragraph four) of Article 24, clause 1 of Article 30, clauses 3, 3.1, 5, 7 , and 10 and 14 Article 32 of this Federal Law does not apply to public institutions.

5. This Federal Law does not apply to state authorities, other state bodies, management bodies of state off-budget funds, local governments, as well as autonomous institutions, unless otherwise established by federal law.

Article 3. Legal status of a non-profit organization

1. A non-profit organization is considered to be established as a legal entity from the moment of its state registration in accordance with the procedure established by law, owns or manages separate property, is liable (except in cases established by law) for its obligations with this property, can acquire and exercise property and non-property rights, bear obligations, be a plaintiff and defendant in court.

A non-profit organization must have an independent balance sheet and (or) estimate.

2. A non-profit organization is created without limitation of the period of activity, unless otherwise established by the constituent documents of the non-profit organization.

3. A non-profit organization shall have the right to open accounts in banks in the territory of the Russian Federation and outside its territory in accordance with the established procedure, with the exception of cases established by federal law.

4. A non-profit organization has a seal with the full name of this non-profit organization in Russian.

A non-profit organization has the right to have stamps and forms with its name, as well as an emblem registered in the prescribed manner.

Article 9. Private establishments

1. A private institution is a non-profit organization created by the owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-commercial nature.

2. The property of a private institution is with him on the right of operational management in accordance with the Civil Code of the Russian Federation.

3. The procedure for financial support for the activities of a private institution and the rights of a private institution to property assigned to it by the owner, as well as to property acquired by a private institution, are determined in accordance with the Civil Code of the Russian Federation.

Article 9.1. State, municipal institutions

It does not work Edition from 08.07.1999

FEDERAL LAW dated 12.01.96 N 7-FZ (as amended on 08.07.99) "ON NON-PROFIT ORGANIZATIONS"

1. A non-profit organization is an organization that does not have profit making as the main goal of its activities and does not distribute the profit received among the participants.

2. Non-profit organizations may be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, meet the spiritual and other non-material needs of citizens, protect the rights, legitimate interests of citizens and organizations, resolution of disputes and conflicts, provision of legal assistance, as well as for other purposes aimed at achieving public benefits.

3. Non-profit organizations may be created in the form of public or religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other funds, associations and unions, as well as in other forms provided for by federal laws.

1. A non-profit organization is considered to be established as a legal entity from the moment of its state registration in accordance with the procedure established by law, owns or manages separate property, is liable (with the exception of institutions) for its obligations with this property, can, on its own behalf, acquire and exercise property and non-property rights, bear obligations, be a plaintiff and a defendant in court.

A non-profit organization must have an independent balance sheet or estimate.

2. A non-profit organization is created without limitation of the period of activity, unless otherwise established by the constituent documents of the non-profit organization.

3. A non-profit organization shall have the right to open accounts in banks in the territory of the Russian Federation and outside its territory in accordance with the established procedure.

4. A non-profit organization has a seal with the full name of this non-profit organization in Russian.

A non-profit organization has the right to have stamps and forms with its name, as well as an emblem registered in the prescribed manner.

1. A non-profit organization has a name containing an indication of its organizational and legal form and the nature of its activities.

A non-profit organization whose name is registered in accordance with the established procedure has the exclusive right to use it.

2. The location of a non-profit organization is determined by the place of its state registration, unless otherwise established in accordance with the law by the constituent documents of the non-profit organization.

3. The name and location of a non-profit organization are indicated in its constituent documents.

1. A non-profit organization may create branches and open representative offices on the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

2. A branch of a non-profit organization is its separate subdivision located outside the location of the non-profit organization and performing all of its functions or part of them, including the functions of a representative office.

3. A representative office of a non-profit organization is a separate subdivision, which is located outside the location of the non-profit organization, represents the interests of the non-profit organization and protects them.

4. A branch and a representative office of a non-profit organization are not legal entities, are endowed with the property of the non-profit organization that created them, and act on the basis of the regulation approved by it. The property of a branch or representative office is recorded on a separate balance sheet and on the balance sheet of the non-profit organization that created them.

The heads of the branch and representative office are appointed by the non-profit organization and act on the basis of a power of attorney issued by the non-profit organization.

5. A branch and a representative office operate on behalf of the non-profit organization that created them. Responsibility for the activities of its branches and representative offices shall be borne by the non-profit organization that created them.

Chapter II. Forms of non-profit organizations

1. Public and religious organizations (associations) are recognized as voluntary associations of citizens who, in accordance with the procedure established by law, have united on the basis of their common interests to satisfy spiritual or other non-material needs.

Public and religious organizations (associations) have the right to carry out entrepreneurial activities corresponding to the goals for which they were created.

2. Participants (members) of public and religious organizations (associations) do not retain the rights to the property transferred by them to these organizations in ownership, including membership fees. Participants (members) of public and religious organizations (associations) are not liable for the obligations of these organizations (associations), and these organizations (associations) are not liable for the obligations of their members.

3. Features of the legal status of public organizations (associations) are determined by other federal laws.

4. Features of the legal status, creation, reorganization and liquidation of religious organizations, management of religious organizations are determined by the federal law on religious associations.

1. For the purposes of this Federal Law, a foundation is recognized as a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful goals.

The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the fund they have created, and the fund is not liable for the obligations of its founders.

2. The Foundation uses the property for the purposes determined by the charter of the foundation. The Foundation has the right to engage in entrepreneurial activities that correspond to these goals and are necessary to achieve the socially useful goals for which the Foundation was created. In order to carry out entrepreneurial activities, foundations have the right to create business companies or participate in them.

The Foundation is required to publish annual reports on the use of its property.

3. The board of trustees of the foundation is the body of the foundation and supervises the activities of the foundation, the adoption of decisions by other bodies of the foundation and ensuring their implementation, the use of the foundation's resources, and the foundation's compliance with the law.

The Foundation's Board of Trustees operates on a voluntary basis.

The procedure for the formation and activities of the board of trustees of the fund is determined by the charter of the fund, approved by its founders.

1. A state corporation is a non-profit organization without membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. A state corporation is created on the basis of a federal law.

The property transferred to the state corporation by the Russian Federation shall be the property of the state corporation.

A state corporation shall not be liable for the obligations of the Russian Federation, and the Russian Federation shall not be liable for the obligations of a state corporation, unless otherwise provided by the law providing for the establishment of a state corporation.

2. The state corporation uses the property for the purposes determined by the law providing for the establishment of the state corporation. A state corporation may carry out entrepreneurial activity only insofar as it serves the achievement of the goals for which it was created and corresponds to these goals.

A public corporation is required to publish annually reports on the use of its property in accordance with the law providing for the creation of a public corporation.

3. The peculiarities of the legal status of a state corporation shall be established by a law providing for the establishment of a state corporation. To create a state corporation, no constituent documents are required, as provided for in Article 52 of the Civil Code of the Russian Federation.

The law providing for the creation of a state corporation must determine the name of the state corporation, the objectives of its activities, its location, the procedure for managing its activities (including the governing bodies of the state corporation and the procedure for their formation, the procedure for appointing officials of the state corporation and their dismissal), the procedure for reorganization and liquidation of a state corporation and the procedure for using the property of a state corporation in the event of its liquidation.

4. The provisions of this Federal Law shall apply to state corporations, unless otherwise provided by this article or the law providing for the establishment of a state corporation.

1. A non-profit partnership is a non-profit organization based on membership, established by citizens and (or) legal entities to assist its members in carrying out activities aimed at achieving the goals provided for in paragraph 2 of Article 2 of this Federal Law.

Property transferred to a non-profit partnership by its members is the property of the partnership. Members of a non-commercial partnership are not liable for its obligations, and a non-commercial partnership is not liable for the obligations of its members.

2. A non-commercial partnership has the right to carry out entrepreneurial activities that correspond to the goals for which it was created.

3. Members of a non-commercial partnership have the right to:

participate in the management of the affairs of a non-profit partnership;

receive information about the activities of a non-profit partnership in the manner prescribed by the constituent documents;

withdraw from the non-profit partnership at its own discretion;

unless otherwise established by federal law or the constituent documents of a non-commercial partnership, to receive, upon exiting a non-commercial partnership, part of its property or the value of this property within the value of the property transferred by members of the non-commercial partnership to its ownership, with the exception of membership fees, in the manner prescribed by the constituent documents of the non-commercial partnership partnerships;

receive, in the event of liquidation of a non-commercial partnership, a part of its property remaining after settlements with creditors, or the value of this property within the value of the property transferred by members of the non-commercial partnership into its ownership, unless otherwise provided by federal law or the constituent documents of the non-commercial partnership.

5. Members of a non-commercial partnership may also have other rights provided for by its constituent documents and not contradicting the law.

1. An institution is a non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature and financed in full or in part by this owner.

The property of the institution is assigned to it on the basis of the right of operational management in accordance with the Civil Code of the Russian Federation.

The rights of an institution to the property assigned to it are determined in accordance with the Civil Code of the Russian Federation.

2. An institution shall be liable for its obligations with the funds at its disposal. In case of their insufficiency, the subsidiary responsibility for the obligations of the institution shall be borne by its owner.

3. Features of the legal status of certain types of state and other institutions are determined by law and other legal acts.

1. An autonomous non-profit organization is a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions for the purpose of providing services in the field of education, healthcare, culture, science, law, physical culture and sports and other services.

Property transferred to an autonomous non-profit organization by its founders (founder) shall be the property of the autonomous non-profit organization. The founders of an autonomous non-profit organization do not retain the rights to the property transferred by them to the ownership of this organization. The founders are not liable for the obligations of the autonomous non-profit organization created by them, and it is not liable for the obligations of its founders.

2. An autonomous non-profit organization has the right to carry out entrepreneurial activities corresponding to the goals for the achievement of which the specified organization was created.

3. Supervision over the activities of an autonomous non-profit organization is carried out by its founders in the manner prescribed by its constituent documents.

4. The founders of an autonomous non-profit organization may use its services only on equal terms with other persons.

1. For the purpose of coordinating their entrepreneurial activities, as well as representing and protecting common property interests, commercial organizations may, by agreement among themselves, create associations in the form of associations or unions that are non-profit organizations.

If, by decision of the participants, the association (union) is entrusted with conducting entrepreneurial activities, such an association (union) is transformed into a business company or partnership in the manner prescribed by the Civil Code of the Russian Federation, or it may create a business company to carry out entrepreneurial activities or participate in such a company.

2. Non-profit organizations may voluntarily unite into associations (unions) of non-profit organizations.

The association (union) of non-profit organizations is a non-profit organization.

3. Members of an association (union) retain their independence and the rights of a legal entity.

4. The association (union) is not liable for the obligations of its members. Members of an association (union) bear subsidiary liability for the obligations of this association (union) in the amount and in the manner prescribed by its constituent documents.

5. The name of an association (union) must contain an indication of the main subject of activity of the members of this association (union) with the inclusion of the words "association" or "union".

1. Members of an association (union) have the right to use its services free of charge.

2. A member of an association (union) has the right, at its own discretion, to withdraw from the association (union) at the end of the financial year. In this case, a member of the association (union) bears subsidiary liability for its obligations in proportion to its contribution within two years from the date of withdrawal.

A member of an association (union) may be expelled from it by decision of the remaining members in the cases and in the manner established by the founding documents of the association (union). With regard to the liability of an expelled member of an association (union), the rules relating to withdrawal from the association (union) shall apply.

3. With the consent of the members of the association (union), a new member may enter it. Joining an association (union) of a new member may be conditioned by its subsidiary liability for the obligations of the association (union) that arose prior to its entry.

Chapter III. Creation, reorganization and liquidation of a non-profit organization

1. A non-profit organization may be created as a result of its establishment, as well as as a result of the reorganization of an existing non-profit organization.

2. The creation of a non-profit organization as a result of its establishment is carried out by the decision of the founders (founder).

1. The constituent documents of non-profit organizations are:

the charter approved by the founders (participants) for a public organization (association), a foundation, a non-profit partnership and an autonomous non-profit organization;

the memorandum of association concluded by their members and the articles of association approved by them for the association or union;

the decision of the owner to establish the institution and the charter approved by the owner for the institution.

The founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a constituent agreement.

In cases stipulated by law, a non-profit organization may act on the basis of the general regulation on organizations of this type.

2. The requirements of the constituent documents of a non-profit organization are binding on the non-profit organization itself, its founders (participants).

3. The constituent documents of a non-profit organization must define the name of the non-profit organization, containing an indication of the nature of its activities and organizational and legal form, the location of the non-profit organization, the procedure for managing activities, the subject and goals of the activity, information about branches and representative offices, the rights and obligations of members, conditions and procedure for admission to membership in a non-profit organization and withdrawal from it (in the event that a non-profit organization has membership), sources of formation of property of a non-profit organization, the procedure for amending the constituent documents of a non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions, provided for by this Federal Law and other federal laws.

In the foundation agreement, the founders undertake to create a non-profit organization, determine the procedure for joint activities to create a non-profit organization, the conditions for transferring their property to it and participating in its activities, the conditions and procedure for the founders (participants) to withdraw from its composition.

The charter of the fund must also contain the name of the fund, including the word "fund", information about the purpose of the fund; instructions on the bodies of the fund, including the board of trustees, and on the procedure for their formation, on the procedure for appointing and dismissing officials of the fund, on the location of the fund, on the fate of the fund's property in the event of its liquidation.

The constituent documents of an association (union), non-profit partnership must also contain conditions on the composition and competence of their governing bodies, the procedure for their decision-making, including on issues decisions on which are taken unanimously or by a qualified majority of votes, and on the procedure for distributing property remaining after liquidation of an association (union), non-commercial partnership.

The constituent documents of a non-profit organization may also contain other provisions that do not contradict the law.

4. Changes to the charter of a non-profit organization are made by decision of its supreme management body, with the exception of the charter of the foundation, which can be changed by the bodies of the foundation, if the charter of the foundation provides for the possibility of changing this charter in such a manner.

If keeping the charter of the foundation unchanged entails consequences that cannot be foreseen when the foundation is established, and the possibility of changing its charter is not provided or the charter is not changed by authorized persons, the right to make changes in accordance with the Civil Code of the Russian Federation belongs to the court upon application of the bodies of the foundation or body authorized to supervise the activities of the fund.

1. The founders of a non-profit organization, depending on its organizational and legal forms, may be citizens and (or) legal entities.

2. The number of founders of a non-profit organization is not limited, unless otherwise established by federal law.

A non-profit organization may be founded by one person, with the exception of cases of establishing non-profit partnerships, associations (unions) and other cases provided for by federal law.

1. A non-profit organization may be reorganized in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. The reorganization of a non-profit organization may be carried out in the form of a merger, accession, division, separation and transformation.

3. A non-profit organization is considered to be reorganized, except for cases of reorganization in the form of affiliation, from the moment of state registration of the newly established organization (organizations).

When a non-profit organization is reorganized in the form of a merger with it of another organization, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated organization.

4. State registration of an organization (organizations) newly established as a result of reorganization and making an entry in the unified state register of legal entities on the termination of the activities of the reorganized organization (organizations) shall be carried out in the manner established by the law on state registration of legal entities.

1. A non-profit partnership has the right to be transformed into a public organization (association), a fund or an autonomous non-profit organization.

2. An institution may be transformed into a foundation, an autonomous non-profit organization, a business entity. The transformation of state or municipal institutions into non-profit organizations of other forms or a business entity is allowed in cases and in the manner established by law.

3. An autonomous non-profit organization has the right to be transformed into a public organization (association) or into a foundation.

4. An association or union has the right to be transformed into a foundation, an autonomous non-profit organization, a business company or a partnership.

5. The decision to transform a non-profit partnership is taken by the founders unanimously, the association (union) - by all members who have concluded an agreement on its creation.

The decision to transform an institution is made by its owner.

The decision to transform an autonomous non-profit organization is made by its supreme management body in accordance with this Federal Law in the manner prescribed by the charter of an autonomous non-profit organization.

6. When a non-profit organization is reorganized, the rights and obligations of the reorganized non-profit organization are transferred to the newly established organization in accordance with the deed of transfer.

1. A non-profit organization may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. The decision to liquidate the foundation can only be taken by the court upon the application of the interested persons.

The fund may be liquidated:

if the property of the fund is not enough to achieve its goals and the probability of obtaining the necessary property is unrealistic;

if the goals of the fund cannot be achieved and the necessary changes to the goals of the fund cannot be made;

in case of deviation of the fund in its activities from the goals provided for by its charter;

in other cases stipulated by federal law.

3. The founders (participants) of a non-profit organization or the body that made the decision to liquidate the non-profit organization appoint, in agreement with the body that carries out state registration of legal entities, a liquidation commission (liquidator) and establish, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms of liquidation of a non-profit organization.

4. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the non-profit organization are transferred to it. The liquidation commission, on behalf of the liquidated non-profit organization, acts in court.

1. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a non-profit organization, the procedure and deadline for filing claims by its creditors. The term for filing claims by creditors may not be less than two months from the date of publication of the liquidation of the non-profit organization.

2. The liquidation commission takes measures to identify creditors and receive receivables, and also notifies creditors in writing of the liquidation of a non-profit organization.

3. At the end of the term for the presentation of claims by creditors, the liquidation commission draws up an interim liquidation balance sheet, which contains information on the composition of the property of the non-profit organization being liquidated, the list of claims submitted by creditors, as well as the results of their consideration.

The interim liquidation balance sheet is approved by the founders (participants) of a non-profit organization or the body that made the decision to liquidate it, in agreement with the body that carries out state registration of legal entities.

4. If the funds available to a liquidated non-profit organization (with the exception of institutions) are not sufficient to satisfy the claims of creditors, the liquidation commission shall sell the property of the non-profit organization at public auction in the manner established for the execution of court decisions.

If the liquidated institution has insufficient funds to satisfy the claims of creditors, the latter shall have the right to apply to the court with a claim for satisfaction of the remaining part of the claims at the expense of the owner of this institution.

5. Payment of monetary amounts to creditors of a non-profit organization being liquidated is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, in accordance with the interim liquidation balance sheet starting from the date of its approval, with the exception of creditors of the fifth priority, payments to which are made after a month from the date of approval of the interim liquidation balance sheet.

6. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the founders (participants) of the non-profit organization or the body that made the decision to liquidate the non-profit organization, in agreement with the body that carries out state registration of legal entities.

1. Upon liquidation of a non-profit organization, the property remaining after satisfaction of creditors' claims, unless otherwise established by this Federal Law and other federal laws, shall be directed in accordance with the constituent documents of the non-profit organization for the purposes for which it was created, and (or) for charitable purposes . If the use of the property of a liquidated non-profit organization in accordance with its constituent documents is not possible, it shall be turned into state revenue.

2. Upon liquidation of a non-commercial partnership, the property remaining after satisfaction of creditors' claims is subject to distribution among the members of the non-commercial partnership in accordance with their property contribution, the amount of which does not exceed the amount of their property contributions, unless otherwise established by federal laws or the constituent documents of the non-commercial partnership.

The procedure for using the property of a non-commercial partnership, the value of which exceeds the amount of property contributions of its members, is determined in accordance with paragraph 1 of this article.

3. The property of the institution remaining after the satisfaction of creditors' claims shall be transferred to its owner, unless otherwise provided by laws and other legal acts of the Russian Federation or the constituent documents of the institution.

The liquidation of a non-profit organization is considered completed, and the non-profit organization is considered to have ceased to exist after an entry about this is made in the unified state register of legal entities.

An entry on the termination of the activities of a non-profit organization is made by the body that carries out state registration of legal entities upon submission of the following documents:

an application for making an entry on liquidation (in the event of voluntary liquidation) or on termination of the activities of a non-profit organization, signed by a person authorized by the non-profit organization;

decisions of the relevant body on the liquidation or termination of the activities of a non-profit organization;

the charter of the non-profit organization and the certificate of its state registration;

liquidation balance sheet, or deed of transfer, or separation balance sheet;

a document on the destruction of the seal of a non-profit organization.

1. State registration of amendments to the constituent documents of a non-profit organization shall be carried out in accordance with the procedure established by the law on state registration of legal entities.

2. Changes to the constituent documents of a non-profit organization shall enter into force from the moment of their state registration.

Chapter IV. Activities of a non-profit organization

1. A non-profit organization may carry out one type of activity or several types of activity not prohibited by the legislation of the Russian Federation and corresponding to the objectives of the activity of the non-profit organization, which are provided for by its constituent documents.

The legislation of the Russian Federation may establish restrictions on the types of activities that certain types of non-profit organizations are entitled to engage in.

Certain types of activities may be carried out by non-profit organizations only on the basis of special permits (licenses). The list of these activities is determined by law.

2. A non-profit organization may carry out entrepreneurial activity only insofar as it serves the achievement of the goals for which it was created. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as a contributor.

The legislation of the Russian Federation may establish restrictions on the entrepreneurial activities of certain types of non-profit organizations.

3. A non-profit organization keeps records of income and expenses for entrepreneurial activities.

4. In order to achieve the goals provided for by the charter, a non-profit organization may create other non-profit organizations and join associations and unions.

1. A non-profit organization may own or manage buildings, structures, housing stock, equipment, inventory, cash in rubles and foreign currency, securities and other property. A non-profit organization may own or use land plots indefinitely.

2. A non-profit organization shall be liable for its obligations with its property, which may be levied under the legislation of the Russian Federation.

1. The sources of formation of property of a non-profit organization in monetary and other forms are:

regular and one-time receipts from the founders (participants, members);

voluntary property contributions and donations;

proceeds from the sale of goods, works, services;

dividends (income, interest) received on shares, bonds, other securities and deposits;

income received from the property of a non-profit organization;

other receipts not prohibited by law.

Laws may establish restrictions on the sources of income of certain types of non-profit organizations.

2. The procedure for regular receipts from the founders (participants, members) is determined by the constituent documents of the non-profit organization.

3. The profit received by a non-profit organization is not subject to distribution among the participants (members) of the non-profit organization.

1. For the purposes of this Federal Law, persons interested in the performance by a non-profit organization of certain actions, including transactions, with other organizations or citizens (hereinafter referred to as interested persons) are recognized as the head (deputy head) of the non-profit organization, as well as a person who is part of to the management bodies of a non-profit organization or bodies supervising its activities, if the said persons are in labor relations with these organizations or citizens, are participants, creditors of these organizations or are in close family relations with these citizens or are creditors of these citizens. At the same time, these organizations or citizens are suppliers of goods (services) for a non-profit organization, large consumers of goods (services) produced by a non-profit organization, own property that is fully or partially formed by a non-profit organization, or can benefit from the use, disposal of property of a non-profit organization.

The interest in the commission of certain actions by a non-profit organization, including the conclusion of transactions, entails a conflict of interests between the interested parties and the non-profit organization.

2. Interested persons are obliged to observe the interests of the non-profit organization, primarily in relation to the goals of its activities, and must not use the possibilities of the non-profit organization or allow their use for other purposes, in addition to those provided for by the constituent documents of the non-profit organization.

The term "opportunities of a non-profit organization" for the purposes of this article refers to property belonging to a non-profit organization, property and non-property rights, opportunities in the field of entrepreneurial activity, information about the activities and plans of a non-profit organization that is of value to it.

3. If an interested person has an interest in a transaction to which a non-profit organization is or intends to be a party, as well as in the event of another conflict of interests between the said person and the non-profit organization in relation to an existing or proposed transaction:

it is obliged to report its interest to the governing body of the non-profit organization or the body supervising its activities before the decision to conclude the transaction is made;

the transaction must be approved by the governing body of the non-profit organization or the body supervising its activities.

4. A transaction in which there is an interest and which has been concluded in violation of the requirements of this article may be declared invalid by a court.

An interested person shall be liable to a non-profit organization in the amount of losses caused by him to this non-profit organization. If losses are caused to a non-profit organization by several interested parties, their collegiate supreme governing body for an autonomous non-profit organization;

general meeting of members for a non-profit partnership, association (union).

The procedure for managing the fund is determined by its charter.

The composition and competence of the governing bodies of public organizations (associations) are established in accordance with the laws on their organizations (associations).

2. The main function of the supreme governing body of a non-profit organization is to ensure that the non-profit organization complies with the goals for which it was created.

3. The competence of the supreme governing body of a non-profit organization includes the following issues:

changing the charter of a non-profit organization;

determination of priority areas of activity of a non-profit organization, principles for the formation and use of its property;

formation of executive bodies of a non-profit organization and early termination of their powers;

approval of the annual report and annual balance sheet;

approval of the financial plan of the non-profit organization and making changes to it;

creation of branches and opening of representative offices of a non-profit organization;

participation in other organizations;

reorganization and liquidation of a non-profit organization (except for the liquidation of a foundation).

The constituent documents of a non-profit organization may provide for the creation of a permanent collegiate governing body, which may be responsible for resolving the issues provided for in paragraphs five to eight of this clause.

Issues stipulated by paragraphs two - four and nine of this paragraph shall be within the exclusive competence of the supreme governing body of a non-profit organization.

4. A general meeting of members of a non-profit organization or a meeting of the collegiate supreme governing body of a non-profit organization is competent if more than half of its members are present at the said meeting or meeting.

The decision of the said general meeting or session is taken by a majority vote of the members present at the meeting or session. The decision of the general meeting or session on issues of the exclusive competence of the supreme governing body of a non-profit organization is taken unanimously or by a qualified majority of votes in accordance with this Federal Law, other federal laws and constituent documents.

5. For an autonomous non-profit organization, persons who are employees of this non-profit organization may not constitute more than one third of the total number of members of the collegiate supreme governing body of the autonomous non-profit organization.

A non-profit organization is not entitled to pay remuneration to members of its supreme management body for the performance of the functions assigned to them, with the exception of compensation for expenses directly related to participation in the work of the supreme management body.

Article 30. Executive body of a non-profit organization

1. The executive body of a non-profit organization may be collegiate and (or) sole. He carries out the day-to-day management of the activities of the non-profit organization and is accountable to the highest governing body of the non-profit organization.

2. The competence of the executive body of a non-profit organization includes the resolution of all issues that do not constitute the exclusive competence of other management bodies of the non-profit organization, as defined by this Federal Law, other federal laws and constituent documents of the non-profit organization.

Chapter VI. Non-profit organizations and public authorities

1. Bodies of state power and bodies of local self-government create state and municipal institutions, assign property to them on the basis of the right of operational management in accordance with the Civil Code of the Russian Federation and carry out their full or partial financing.

State authorities and local governments, within their competence, may provide economic support to non-profit organizations in various forms, including:

granting, in accordance with the law, benefits for the payment of taxes, customs and other fees and payments to non-profit organizations established for charitable, educational, cultural and scientific purposes, in order to protect the health of citizens, develop physical culture and sports, and other purposes established by law, taking into account organizational -legal forms of non-profit organizations;

providing non-profit organizations with other benefits, including full or partial exemption from fees for the use of state and municipal property;

placement among non-profit organizations on a competitive basis of state and municipal social orders;

providing, in accordance with the law, tax benefits to citizens and legal entities that provide financial support to non-profit organizations.

2. It is not allowed to provide tax incentives on an individual basis to individual non-profit organizations, as well as to individual citizens and legal entities providing material support to these non-profit organizations.

1. A non-profit organization shall maintain accounting records and statistical reporting in accordance with the procedure established by the legislation of the Russian Federation.

A non-profit organization provides information about its activities to state statistics and tax authorities, founders and other persons in accordance with the legislation of the Russian Federation and the constituent documents of a non-profit organization.

2. The size and structure of income of a non-profit organization, as well as information on the size and composition of the property of a non-profit organization, on its expenses, the number and composition of employees, on their remuneration, on the use of unpaid labor of citizens in the activities of a non-profit organization cannot be the subject of a commercial secret.

Chapter VII. Final provisions

1. In the event of a violation of this Federal Law, a non-profit organization shall be liable in accordance with the legislation of the Russian Federation.

2. If a non-profit organization has committed actions that are contrary to its goals and this Federal Law, the non-profit organization may be issued a written warning by the body carrying out state registration of legal entities, or the prosecutor may submit a proposal to eliminate violations.

3. If a non-profit organization issues more than two warnings in writing or recommendations to eliminate violations, the non-profit organization may be liquidated by a court decision in the manner prescribed by Article 19 of this

On the website "Zakonbase" you will find the FEDERAL LAW dated 01/12/96 N 7-FZ (as amended on 07/08/99) "ON NON-PROFIT ORGANIZATIONS" in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

BOARD OF THE FEDERAL REGISTRATION SERVICE

The Federal Registration Service is working to implement Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" (hereinafter referred to as the Federal Law).

In cooperation with the Ministry of Justice of Russia, measures have been taken to provide regulatory support for the solution of the tasks and powers assigned to Rosregistration in the field of state registration of non-profit organizations and control over the compliance of the activities of non-profit organizations with their statutory goals and objectives, their compliance with the legislation of the Russian Federation.

Proposals were prepared on time to amend the Federal Law, the draft resolution of the Government of the Russian Federation "On Measures to Implement Certain Provisions of Federal Laws Regulating the Activities of Non-Commercial Organizations." Administrative regulations were developed and approved by orders of the Ministry of Justice of Russia for the execution by Rosregistration of state functions in the field of registration and activities of non-profit organizations, the procedure for checking their activities.

Work has been carried out to develop uniform approaches to the application of the Federal Law and other regulations governing the activities of non-profit organizations. Rosregistration orders approved methodological recommendations on the issues of making decisions on state registration, maintaining a departmental register of registered non-profit organizations. A methodological council has been created and is working on issues of state registration and activities of non-profit organizations.

In order to ensure the implementation of the Federal Law, Rosregistration held a number of meetings and seminars with employees of territorial bodies, representatives of non-profit organizations.

A uniform procedure for making decisions on the state registration of non-profit organizations has been developed, audits of non-profit organizations are being carried out, including financial and economic activities.

Rosregistration and its territorial bodies organized interaction with state authorities, received copies of registration files of non-profit organizations from tax authorities.

As of August 1, 2007, 218,730 non-profit organizations are registered with the Federal Registration Service and its territorial bodies.

For 7 months of 2007, the territorial bodies of Rosregistration adopted 37,560 decisions on state registration of non-profit organizations (in 2006 - about 32,000), 6,845 decisions on refusal of state registration (15.4% of the total number of decisions on state registration).

However, in some territorial bodies, the number of refusals in state registration is higher than the national average. So, in the Office of the Federal Registration Service for the Krasnodar Territory, this figure is 32%, in the Office of the Federal Registration Service for the Chelyabinsk Region - 31%.

For 7 months of 2007, 99 decisions on refusal of state registration of non-commercial organizations and warnings were appealed in court. At the same time, in 20 cases the claims were satisfied by the courts, which is about 20% of the total number of claims filed.

In order to control the compliance of the activities of non-profit organizations with their statutory goals and objectives, their compliance with the legislation of the Russian Federation, Rosregistration and its territorial bodies carried out 6,636 inspections for 7 months of 2007 (for 2006 - 25,000), of which every third included financial and economic activities.

The number of response measures applied by the territorial bodies of Rosregistration in connection with the detection of violations in the activities of non-profit organizations has increased. Thus, for violation of the law in carrying out activities, non-profit organizations received 21,275 written warnings in 7 months of 2007 (in 2006 - over 17,000), 3,936 statements of claim were sent to courts (in 2006 - about 6,000). Most of the statements of claim are filed for violation by public organizations of the provisions of Article 29 of the Federal Law of May 19, 1995 N 82-FZ "On Public Associations". A significant number of lawsuits are related to violations by non-profit organizations of the provisions of Article 32 of the Federal Law.

Territorial bodies of Rosregistration suspended the activities of 290 public associations. The suspension decisions were not challenged in court.

The courts issued and entered into force more than 2,300 decisions on the recognition of public associations as having ceased their activities as a legal entity. Approximately 500 court decisions on the liquidation of non-profit organizations have entered into force.

Significantly increased the number of protocols on administrative offenses against non-profit organizations. For 7 months of 2007, 1924 protocols were drawn up, while in 2006 there were 1600 of them.

For 7 months of 2007 Rosregistration received 62 complaints about refusals of territorial bodies in the state registration of non-profit organizations. Of these, 3 complaints were found to be justified.

At the same time, the implementation of the Federal Law is influenced by the problems of legal regulation.

Practice shows that at present it is necessary to make changes and additions to the Administrative Regulations for the Federal Registration Service to perform the state function of conducting inspections in the prescribed manner on issues within the competence of the Federal Registration Service, taking measures based on their results, provided for by the legislation of the Russian Federation, in , approved by orders of the Ministry of Justice of Russia, respectively, dated December 25, 2006 N 380 and June 22, 2006 N 222.

There are shortcomings in the activities of the territorial bodies of Rosregistration. Not all territorial bodies have structural subdivisions exercising control over the activities of non-profit organizations that are staffed by specialists with an economic education, which does not allow to carry out inspections of the financial and economic activities of non-profit organizations at the proper level.

Insufficiently active work is being carried out to explain to the heads of non-profit organizations the changes in the legislation that have come into force by holding seminars, meetings on topical issues of state registration and control of the activities of non-profit organizations, publications in the media.

There are problems in the operation of the AIS UNRO system, which does not allow the full use of its information resource. Currently, there is a need to develop the system due to changes in the regulatory framework.

The process of transferring copies of registration files from the tax authorities to the territorial bodies of Rosregistration requires activation and implementation of constant control.

The forthcoming elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, the President of the Russian Federation require greater control over the implementation by non-profit organizations of the legislation of the Russian Federation in the field of electoral law.

Board of the Federal Registration Service

decided:

1. Office for non-profit organizations (Stepanov A.V.):

1.1. Until October 31, 2007, complete the development of proposals for amending the Procedure for conducting audits of the compliance of the activities of a non-profit organization, including the expenditure of funds and the use of other property, with the purposes provided for by its constituent documents (statutory purposes), approved by order of the Ministry of Justice of Russia dated June 22 2006 N 222, and the Administrative Regulations for the Federal Registration Service to perform the state function of conducting, in the prescribed manner, inspections on issues within the competence of the Federal Registration Service, taking measures based on their results, provided for by the legislation of the Russian Federation, approved by order of the Ministry of Justice of Russia dated December 25, 2006 N 380.

1.2. Summarize the positive experience of the work of individual territorial bodies of Rosregistration with non-profit organizations. By November 30, 2007, send the summary to the territorial bodies.

2. The Department for Non-Commercial Organizations (A.V. Stepanov), together with the Department for Development Projects and Information Technologies (A.A. Konkov), taking into account the proposals of the territorial bodies of Rosregistration, analyze and summarize the problems of operating the AIS UNRO and report proposals by December 1, 2007 for the modernization and development of the system in order to effectively use its information resource.

3. Heads of territorial bodies of Rosregistration:

3.1. Until January 1, 2008, staff the structural divisions for monitoring the activities of non-profit organizations with specialists with an economic education.

The admission of citizens to the state civil service to fill positions in the state civil service shall be carried out according to the results of a competition in accordance with the Federal Law of July 27, 2004 N 79-ФЗ "On the State Civil Service of the Russian Federation".

3.2. Until October 31, 2007, hold meetings and conferences with representatives of non-profit organizations on issues of compliance with the current legislation during the election campaigns.

3.3. Intensify interaction with the media, by October 31, 2007, hold press conferences on the results of the performance of functions in the field of state registration and control over the activities of non-profit organizations. Periodically publish articles in the media to clarify the provisions of the current legislation on non-profit organizations.

3.4. Until December 1, 2007, complete the acceptance of copies of registration files of non-profit organizations from the tax authorities. Beginning September 30, 2007, monthly submit to the Department for Non-Commercial Organizations the information on the number of received copies of registration files of non-commercial organizations.

Board Chairman,
Director of the Federal
registration service
S.V.Vasiliev

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Bulletin of the Department of Justice
Russian Federation,
No. 11, 2007

1. Bodies of state power and bodies of local self-government, in accordance with the powers established by this Federal Law and other federal laws, may provide support to socially oriented non-profit organizations, provided that they carry out the following types of activities in accordance with the constituent documents:

1) social services, social support and protection of citizens;

2) preparing the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents;

3) providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and forced migrants;

4) environmental protection and animal protection;

5) protection and, in accordance with established requirements, maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial places;

6) provision of legal assistance on a gratuitous or preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect the rights and freedoms of man and citizen;

7) prevention of socially dangerous forms of behavior of citizens;

8) charitable activities, as well as activities in the field of organizing and supporting charity and volunteering (volunteering);

9) activities in the field of education, enlightenment, science, culture, art, healthcare, prevention and protection of the health of citizens, promotion of a healthy lifestyle, improvement of the moral and psychological state of citizens, physical culture and sports and promotion of these activities, as well as assistance to the spiritual development of the individual ;

10) formation in society of intolerance to corrupt behavior;

11) development of interethnic cooperation, preservation and protection of the identity, culture, languages and traditions of the peoples of the Russian Federation;

12) activities in the field of patriotic, including military-patriotic, education of citizens of the Russian Federation;

13) carrying out search work aimed at identifying unknown military graves and unburied remains of the defenders of the Fatherland, establishing the names of the dead and missing in the defense of the Fatherland;

14) participation in the prevention and (or) extinguishing of fires and carrying out emergency rescue operations;

15) social and cultural adaptation and integration of migrants;

16) measures for medical rehabilitation and social rehabilitation, social and labor reintegration of persons engaged in illegal consumption of narcotic drugs or psychotropic substances;

17) assistance in increasing the mobility of labor resources;

18) perpetuate the memory of the victims of political repression.

2. In order to recognize non-profit organizations as socially oriented federal laws, laws of constituent entities of the Russian Federation, normative legal acts of representative bodies of municipal formations, along with the types of activities provided for by this article, other types of activities aimed at solving social problems, developing civil society in the Russian Federation may be established.

3. Providing support to socially oriented non-profit organizations is carried out in the following forms:

1) financial, property, information, consulting support, as well as support in the field of training, additional professional education for employees and volunteers (volunteers) of socially oriented non-profit organizations;

2) providing socially oriented non-profit organizations with benefits for the payment of taxes and fees in accordance with the legislation on taxes and fees;

3) procurement of goods, works, services to meet state and municipal needs from socially oriented non-profit organizations in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

4) providing legal entities providing socially oriented non-profit organizations with material support, benefits in the payment of taxes and fees in accordance with the legislation on taxes and fees.

4. The constituent entities of the Russian Federation and municipalities, along with the forms of support established by paragraph 3 of this article, have the right to provide support to socially oriented non-profit organizations in other forms at the expense of budgetary appropriations from the budgets of the constituent entities of the Russian Federation and local budgets, respectively.

5. Providing financial support to socially oriented non-profit organizations may be carried out in accordance with the legislation of the Russian Federation at the expense of budget allocations from the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets by providing subsidies. Federal budget allocations for financial support of socially oriented non-profit organizations (including for maintaining a register of socially oriented organizations - recipients of support), including subsidies to the budgets of the constituent entities of the Russian Federation, are provided in the manner established by the Government of the Russian Federation. These subsidies are provided to non-commercial organizations performing publicly useful services for a period of at least two years.

6. The provision of property support to socially oriented non-profit organizations is carried out by state authorities and local governments by transferring state or municipal property into the possession and (or) use of such non-profit organizations. The specified property must be used only for its intended purpose. Non-profit organizations providing socially useful services are provided with property support for a period of at least two years.

7. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local administrations have the right to approve lists of state and municipal property free from the rights of third parties (with the exception of property rights of non-profit organizations). State and municipal property included in these lists can only be used for the purpose of providing it for possession and (or) use on a long-term basis (including at preferential rental rates) to socially oriented non-profit organizations. These lists are subject to mandatory publication in the mass media, as well as placement in the information and telecommunication network "Internet" on the official websites of the federal executive authorities that approved them, executive authorities of the constituent entities of the Russian Federation, and local administrations.

8. The procedure for the formation, maintenance, and mandatory publication of the lists provided for in paragraph 7 of this article, as well as the procedure and conditions for granting possession and (or) use of the state and municipal property included in them, shall be established, respectively, by the regulatory legal acts of the Russian Federation, the regulatory legal acts of the subjects Russian Federation, municipal regulatory legal acts.

9. State and municipal property included in the lists provided for in paragraph 7 of this article shall not be subject to alienation into private ownership, including into the ownership of non-profit organizations that lease this property.

10. The sale of state or municipal property transferred to socially oriented non-profit organizations, the assignment of the rights to use it, the transfer of the rights to use it as a pledge and the introduction of the rights to use such property into the authorized capital of any other business entities are prohibited.

11. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local administrations that have provided property support to socially oriented non-profit organizations are entitled to apply to an arbitration court with a request to terminate the rights of ownership and (or) use of socially oriented non-profit organizations by the state or municipal government granted to them. property when it is not used for its intended purpose and (or) in violation of the prohibitions and restrictions established by this article.

12. Providing information support to socially oriented non-profit organizations is carried out by state authorities and local governments by creating federal, regional and municipal information systems and information and telecommunication networks and ensuring their functioning in order to implement state policy in the field of support for socially oriented non-profit organizations. Providing information support to socially oriented non-profit organizations is also possible by providing them with state and municipal organizations engaged in television and (or) radio broadcasting, and the editorial offices of state and municipal periodicals of free airtime, free print space, placing information materials of socially oriented non-profit organizations in information and telecommunication network "Internet".

12.1. Support in the field of training, additional professional education of employees and volunteers (volunteers) of socially oriented non-profit organizations can be carried out by state authorities and local governments by organizing and assisting in the organization of training, professional retraining and advanced training for employees and volunteers (volunteers) of socially oriented non-profit organizations at the request of these non-profit organizations, conducting training, scientific and practical events.

13. Non-commercial organizations performing publicly useful services are entitled to receive priority support measures in the manner prescribed by federal laws, other regulatory legal acts of the Russian Federation, as well as regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.

1. This Federal Law defines the specifics of the civil law status of non-profit organizations of certain organizational and legal forms, types and types, as well as possible forms of support for non-profit organizations by state authorities and local governments.

3. This Federal Law does not apply to consumer cooperatives, homeowners' associations, horticultural, horticultural and dacha non-profit associations of citizens.

4. Clause 6 of Article 2, Articles 13-19, 21-23, 28-30, 32 of this Federal Law does not apply to religious organizations registered in the manner prescribed by law.

4.1. Effect of Article 13.1, paragraphs 1, 1.1 - 1.3 of Article 15, Articles 23 and 23.1, paragraph one of paragraph 2 of Article 24 (regarding the acquisition and sale of securities and participation in limited partnerships as an investor), paragraph 1 of Article 30, paragraphs 3 , 3.1, 5, 7 and 10 of Article 32 of this Federal Law does not apply to budgetary institutions.

4.2. Effect of Article 13.1, paragraphs 1, 1.1 - 1.3 of Article 15, Articles 18, 19, 20, 23 and 23.1, paragraph one of paragraph 2 (in terms of the acquisition and sale of securities and participation in limited partnerships as an investor), paragraph 3 and Clause 4 (except for paragraph four) of Article 24, Clause 1 of Article 30, Clauses 3, 3.1, 5, 7, 10 and 14 of Article 32 of this Federal Law does not apply to public institutions.

5. This Federal Law does not apply to state authorities, other state bodies, management bodies of state non-budgetary funds, local governments, public companies, as well as autonomous institutions, unless otherwise provided by federal law.

6. Clause 6 of Article 2, paragraph three of Clause 1 of Article 32 of this Federal Law does not apply to state corporations, state companies, as well as to non-profit organizations created by them, state and municipal (including budgetary) institutions.

7. Item 6 of Article 2 of this Federal Law does not apply to associations of employers, chambers of commerce and industry registered in the manner prescribed by law.

Article 2. Non-commercial organization

1. A non-profit organization is an organization that does not have profit making as the main goal of its activities and does not distribute the profit received among the participants.

2.1. Socially oriented non-profit organizations are recognized as non-profit organizations established in the forms provided for by this Federal Law (with the exception of state corporations, state companies, public associations that are political parties) and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as types of activities provided for by Article 31.1 of this Federal Law.

2.2. A non-profit organization that performs public benefit services is a socially oriented non-profit organization that has been providing public benefit services of adequate quality for one year or more, is not a non-profit organization that performs the functions of a foreign agent, and has no debts on taxes and fees, as otherwise provided by law. Russian Federation mandatory payments.

3. Non-profit organizations can be created in the form of public or religious organizations (associations), communities of indigenous peoples of the Russian Federation, Cossack societies, non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other foundations, associations and unions, as well as in other forms prescribed by federal laws.

4. A foreign non-profit non-governmental organization in this Federal Law means an organization that does not have profit making as the main goal of its activities and does not distribute profits among participants, established outside the territory of the Russian Federation in accordance with the legislation of a foreign state, the founders (participants) of which are not government agencies.

5. A foreign non-profit non-governmental organization carries out its activities on the territory of the Russian Federation through its structural subdivisions - departments, branches and representative offices.

A structural subdivision - a branch of a foreign non-profit non-governmental organization is recognized as a form of a non-profit organization and is subject to state registration in the manner prescribed by Article 13.1 of this Federal Law.

Structural subdivisions - branches and representative offices of foreign non-profit non-governmental organizations acquire legal capacity on the territory of the Russian Federation from the date of entry in the register of branches and representative offices of international organizations and foreign non-profit non-governmental organizations of information about the relevant structural unit in the manner prescribed by Article 13.2 of this Federal Law.

6. A non-profit organization performing the functions of a foreign agent in this Federal Law means a Russian non-profit organization that receives funds and other property from foreign states, their state bodies, international and foreign organizations, foreign citizens, stateless persons or persons authorized by them and (or) from Russian legal entities that receive funds and other property from the indicated sources (with the exception of open joint-stock companies with state participation and their subsidiaries) (hereinafter referred to as foreign sources), and which participates, including in the interests of foreign sources , in political activities carried out on the territory of the Russian Federation.

A non-profit organization, with the exception of a political party, is recognized as participating in political activities carried out on the territory of the Russian Federation, if, regardless of the goals and objectives specified in its constituent documents, it carries out activities in the field of state building, protection of the foundations of the constitutional system of the Russian Federation, federal structure the Russian Federation, protecting the sovereignty and ensuring the territorial integrity of the Russian Federation, ensuring the rule of law, law and order, state and public security, national defense, foreign policy, socio-economic and national development of the Russian Federation, development of the political system, activities of state bodies, local governments, legislative regulation of the rights and freedoms of man and citizen in order to influence the development and implementation of state policy, the formation of state bodies, local self-government bodies leniya, on their decisions and actions.

This activity is carried out in the following forms:

participation in the organization and conduct of public events in the form of meetings, rallies, demonstrations, processions or pickets or in various combinations of these forms, organization and conduct of public debates, discussions, speeches;

participation in activities aimed at obtaining a certain result in elections, a referendum, in monitoring the conduct of elections, a referendum, the formation of election commissions, referendum commissions, in the activities of political parties;

public appeals to state bodies, local self-government bodies, their officials, as well as other actions that affect the activities of these bodies, including those aimed at the adoption, amendment, repeal of laws or other regulatory legal acts;

dissemination, including with the use of modern information technologies, of opinions on decisions made by state bodies and their policies;

the formation of socio-political views and beliefs, including by conducting public opinion polls and publishing their results or conducting other sociological research;

involvement of citizens, including minors, in these activities;

funding for this activity.

Political activities do not include activities in the field of science, culture, art, healthcare, prevention and protection of the health of citizens, social services, social support and protection of citizens, protection of motherhood and childhood, social support for the disabled, promotion of a healthy lifestyle, physical culture and sports, protection of flora and fauna, charitable activities.

Article 3. Legal status of a non-profit organization

A non-profit organization must have an independent balance sheet and (or) estimate.

2. A non-profit organization is created without limitation of the period of activity, unless otherwise established by the constituent documents of the non-profit organization.

4. A non-profit organization has a seal with the full name of this non-profit organization in Russian.

A non-profit organization has the right to have stamps and forms with its name.

5. Non-profit organizations have the right to have symbols - emblems, coats of arms, other heraldic signs, flags and hymns, the description of which must be contained in the constituent documents.

Symbols of non-profit organizations must comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property.

The symbols of non-profit organizations 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, military formations and bodies in which federal the law provides for military service, the symbols of foreign states, as well as the symbols of international organizations.

As symbols of a non-profit organization, emblems and other symbols, the description of which was previously included in the charter of a political party existing in the Russian Federation, as well as emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation, cannot be used.

The symbols of non-profit organizations 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.

Article 4. Name and location of a non-profit organization

1. A non-profit organization has a name containing an indication of its organizational and legal form and the nature of its activities.

The name of a non-profit organization established in the form of a state or municipal institution may include an indication of its type.

1.1. A non-profit organization whose name is registered in accordance with the established procedure has the exclusive right to use it.

2. The location of a non-profit organization is determined by the place of its state registration.

3. The name and location of a non-profit organization are indicated in its constituent documents.

4. The use of the official name of the Russian Federation or Russia in the name of a non-profit organization, as well as words derived from this name, is permitted subject to a permit issued in accordance with the procedure established by the Government of the Russian Federation (unless otherwise provided by this Federal Law and other federal laws).

5. The official name of the Russian Federation or Russia, as well as words derived from this name, are used without the permission specified in paragraph 4 of this article in the names:

1) centralized religious organizations whose structures have been operating on the territory of the Russian Federation on legal grounds for at least fifty years at the time such a religious organization applied for state registration;

2) non-profit organizations established on the basis of federal laws, as well as in accordance with acts of the President of the Russian Federation or the Government of the Russian Federation;

3) all-Russian public associations;

4) structural subdivisions of all-Russian public associations in the event that the full name of such a public association is used in the names of the said structural subdivisions;

5) non-profit organizations, the sole founder of which is a legal entity established on the basis of acts of the President of the Russian Federation, acts of the Government of the Russian Federation, or a legal entity that uses the official name of the Russian Federation or Russia in its name, as well as words derived from this name, in by force of law or in accordance with a permit obtained in accordance with the procedure established by the Government of the Russian Federation, if the names of these non-profit organizations use the full name of the legal entity that founded them;

6) all-Russian and all-Russian sectoral (intersectoral) associations of employers.

6. The right to use in the name of a non-profit organization the official name Russian Federation or Russia, as well as words derived from this name, shall be terminated due to:

1) withdrawal of the permit specified in paragraph 4 of this article on the grounds established by the Government of the Russian Federation;

2) termination of a legal entity - the sole founder of non-profit organizations specified in subparagraph 5 of paragraph 5 of this article;

3) termination of the right of a legal entity - the sole founder of non-profit organizations specified in subparagraph 5 of paragraph 5 of this article, to use in its name the official name Russian Federation or Russia, as well as words derived from this name.

7. In case of termination of the right to use the official name Russian Federation or Russia in the name of a non-profit organization, as well as words derived from this name, the non-profit organization is obliged to make appropriate changes to its constituent documents within three months from the date of occurrence of the circumstances specified in paragraph 6 of this article.

Article 5. Branches and representative offices of a non-profit organization

1. A non-profit organization may create branches and open representative offices on the territory of the Russian Federation in accordance with the legislation of the Russian Federation, unless otherwise established by federal laws.

The heads of the branch and representative office are appointed by the non-profit organization and act on the basis of a power of attorney issued by the non-profit organization.

Article 5.1. Territorial divisions of public organizations and associations (unions)

1. Public organizations and associations (unions) may have territorial divisions that are legal entities that perform the functions of public organizations and associations (unions) in the relevant territory and are not their branches or representative offices, unless otherwise established by federal laws. Territorial subdivisions are not members of such public organizations and associations (unions).

2. Territorial subdivisions of public organizations and associations (unions), which are not their branches or representative offices, are created, respectively, in the organizational and legal form of public organizations and associations (unions). The activities of territorial subdivisions of public organizations and associations (unions) that are not their branches or representative offices are regulated by the charters of these territorial subdivisions in accordance with the regulations on territorial subdivisions adopted by the public organization and association (union).

Chapter II. Forms of non-profit organizations

Article 7. Funds

The Foundation is required to publish annual reports on the use of its property.

The Foundation's Board of Trustees operates on a voluntary basis.

The procedure for the formation and activities of the board of trustees of the fund is determined by the charter of the fund, approved by its founders.

4. Features of the creation and operation of certain types of funds and their management may be established by federal laws on such funds.

Article 7.1. State Corporation

The property transferred to the state corporation by the Russian Federation shall be the property of the state corporation.

In the cases and in the manner established by federal law providing for the creation of a state corporation, an authorized capital may be formed at the expense of a part of its property. The authorized capital determines the minimum amount of property of a state corporation that guarantees the interests of its creditors.

A public corporation is required to publish annually reports on the use of its property in accordance with the law providing for the establishment of a public corporation, unless otherwise provided by the said law.

The annual financial statements of a state corporation are subject to a mandatory audit conducted by an audit organization selected based on the results of an open competition and approved by the supreme governing body of the state corporation.

The annual report of a state corporation published in accordance with the requirements of the legislation of the Russian Federation on state secrets must contain information on the implementation of the strategy of the state corporation, other information provided for by the legislation of the Russian Federation and be approved no later than July 1 of the year following the reporting year. The Government of the Russian Federation has the right to establish additional requirements for the content of the annual report of a state corporation, including in terms of investment activities.

The annual report of the state corporation is posted on the official website of the state corporation in the information and telecommunication network "Internet", taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets, no later than two weeks from the date of the decision to approve this report by the supreme management body of the state corporation, unless the federal law providing for the creation of a state corporation establishes a different period.

The official website of the state corporation in the information and telecommunications network "Internet" should contain the strategy of the state corporation, the procedure for purchasing goods, performing work, and providing services for the needs of the state corporation.

3.1. A federal law providing for the creation of a state corporation must provide for the formation of a board of directors or a supervisory board of a state corporation (hereinafter referred to as the supreme governing body of a state corporation).

The supreme governing body of a state corporation may include members who are not state civil servants. The Government of the Russian Federation establishes the procedure for the participation of members of the Government of the Russian Federation and state civil servants in the highest management bodies of state corporations.

The competence of the supreme management body of a state corporation includes:

approval of a long-term program for the activities and development of a state corporation that provides for the achievement of production, investment and financial indicators, and (or) another document on long-term planning determined by federal law providing for the creation of a state corporation (strategy for the activities of a state corporation);

approval of the system of remuneration of employees of a state corporation, which provides for the dependence of the remuneration of its employees on the achievement of key performance indicators;

determining the procedure for using the profits of a state corporation;

adoption of a decision on the transfer of part of the property of the state corporation to the state treasury of the Russian Federation.

The federal law providing for the establishment of a state corporation may also include other issues within the competence of the supreme management body of the state corporation.

The supreme management body of a state corporation has the right to create committees, commissions on issues within its competence, for their preliminary consideration and preparation. The procedure for the activities of such committees, commissions and their personal composition are established by decisions on the establishment of committees, commissions.

3.2. The investment of temporarily free funds of a state corporation is carried out on the principles of repayment, profitability and liquidity of the assets acquired by it (investment objects). The Government of the Russian Federation has the right to establish a list of permitted assets (investment objects), the procedure and conditions for investing temporarily free funds of a state corporation, the procedure and mechanisms for monitoring the investment of these funds, the procedure for making transactions for investing temporarily free funds of a state corporation, forms of reports on investing temporarily free funds state corporation, the procedure for the provision and disclosure of these reports.

The maximum volume of invested temporarily free funds of a state corporation, the procedure for making decisions on investing temporarily free funds of a state corporation are determined by the supreme management body of the state corporation. The supreme governing body of a state corporation has the right to establish additional restrictions and requirements in relation to operations for investing temporarily free funds of a state corporation.

3.3. Lost strength.

3.4. The Accounts Chamber of the Russian Federation and other state bodies, in accordance with the legislation of the Russian Federation, have the right to exercise control over the activities of state corporations.

4. The provisions of this Federal Law shall apply to state corporations, unless otherwise provided by this article or the law providing for the establishment of a state corporation.

Article 7.2. State company

1. A state company is recognized as a non-profit organization that does not have membership and was created by the Russian Federation on the basis of property contributions to provide public services and perform other functions using state property on the basis of trust management. The state company is created on the basis of federal law.

2. The federal law providing for the creation of a state company must define the purposes of its creation, as well as the types of property in respect of which the state company may exercise trust management.

3. Property transferred to a state company by the Russian Federation as property contributions, as well as property created or acquired by a state company as a result of the state company’s own activities, with the exception of property created at the expense of income received from the implementation of trust management activities, is the property of the state company. company, unless otherwise provided by federal law.

4. A state company is not liable for the obligations of the Russian Federation, and the Russian Federation is not liable for the obligations of a state company, unless otherwise provided by the federal law providing for the establishment of a state company.

5. The state company uses the property for the purposes determined by the federal law providing for the establishment of the state company. A state company may carry out entrepreneurial activity only insofar as it serves the achievement of the goals for which it was created and corresponds to such goals. A state company is obliged to publish reports on its activities in accordance with the procedure established by federal law providing for the creation of a state company.

6. The federal law providing for the creation of a state company must determine the name of the state company, the objectives of its activities, the procedure for managing its activities, the procedure for state financing of the state company, the procedure for its reorganization and liquidation, and the procedure for using the property of the state company in the event of its liquidation.

7. A federal law providing for the establishment of a state-owned company must provide for the formation of a board of directors or a supervisory board of a state-owned company (hereinafter referred to as the supreme management body of a state-owned company).

The supreme governing body of a state company may include members who are not state civil servants. The Government of the Russian Federation establishes the procedure for the participation of members of the Government of the Russian Federation and state civil servants in the supreme management bodies of state companies.

The competence of the supreme management body of a state company includes:

approval of the program of activities of a state company for a long-term period, which provides for the achievement of production, investment and financial indicators (hereinafter referred to as the strategy of the state company), unless otherwise established by federal law providing for the creation of a state company;

approval of the system of remuneration of employees of a state-owned company, which provides for the dependence of the remuneration of its employees on the achievement of key performance indicators;

determining the procedure for using the profits of the state company;

adoption of a decision on the transfer of part of the property of the state company to the state treasury of the Russian Federation.

The federal law providing for the establishment of a state-owned company may also include other issues within the competence of the supreme management body of a state-owned company.

The supreme management body of a state company has the right to create committees, commissions on issues within its competence, for their preliminary consideration and preparation. The procedure for the activities of these committees, commissions and their personal composition are established by decisions on the establishment of committees, commissions.

8. The annual financial statements of a state company are subject to a mandatory audit conducted by an audit organization selected based on the results of an open competition and approved by the supreme management body of the state company.

The annual report of a state company published subject to the requirements of the legislation of the Russian Federation on state secrets must contain information on the implementation of the strategy of the state company, other information provided for by the legislation of the Russian Federation and be approved no later than May 1 of the year following the reporting year. The Government of the Russian Federation has the right to establish additional requirements for the content of the annual report of a state-owned company, including in terms of investment activities.

The annual report of a state company is posted on the official website of the state company in the information and telecommunications network "Internet", subject to the requirements of the legislation of the Russian Federation on state secrets, commercial secrets, no later than two weeks from the date of the decision on its approval by the supreme management body of the state company, if The federal law providing for the creation of a state-owned company does not set a different time limit.

The official website of the state company in the information and telecommunications network "Internet" should contain the strategy of the state company, the procedure for purchasing goods, performing work, and providing services for the needs of the state company.

9. Investment of temporarily free funds of a state company is carried out on the principles of repayment, profitability and liquidity of the assets acquired by it (investment objects). The Government of the Russian Federation has the right to establish a list of permitted assets (investment objects), the procedure and conditions for investing temporarily free funds of a state company, the procedure and mechanisms for monitoring the investment of these funds, the procedure for making transactions for investing temporarily free funds of a state company, forms of reports on investing temporarily free funds state company, the procedure for their provision and disclosure.

The maximum volume of invested temporarily free funds of a state company, the procedure for making decisions on investing temporarily free funds of a state company are determined by the supreme management body of a state company. The supreme governing body of a state company has the right to establish additional restrictions and requirements in relation to operations for investing temporarily free funds of a state company.

10. Has expired.

11. The Accounts Chamber of the Russian Federation and other state bodies, in accordance with the legislation of the Russian Federation, have the right to exercise control over the activities of state-owned companies.

Article 8. Non-commercial partnerships

2. A non-commercial partnership has the right to carry out entrepreneurial activities corresponding to the goals for which it was created, except in cases where the non-commercial partnership has acquired the status of a self-regulatory organization.

3. Members of a non-commercial partnership have the right to:

participate in the management of the affairs of a non-profit partnership;

receive information about the activities of a non-profit partnership in the manner prescribed by the constituent documents;

withdraw from the non-profit partnership at its own discretion;

4. A member of a non-commercial partnership may be expelled from it by decision of the remaining members in the cases and in the manner provided for by the constituent documents of the non-commercial partnership, with the exception of cases where the non-commercial partnership has acquired the status of a self-regulatory organization.

A member of a non-commercial partnership excluded from it has the right to receive a part of the property of the non-commercial partnership or the value of this property in accordance with paragraph five of clause 3 of this article, except in cases where the non-commercial partnership has acquired the status of a self-regulatory organization.

5. Members of a non-commercial partnership may also have other rights provided for by its constituent documents and not contradicting the law.

Article 9. Private establishments

1. A private institution is a non-profit organization created by the owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-commercial nature.

2. The property of a private institution is with him on the right of operational management in accordance with the Civil Code of the Russian Federation.

Article 9.1. State, municipal institutions

1. State, municipal institutions are institutions established by the Russian Federation, a subject of the Russian Federation and a municipality.

2. Autonomous, budgetary and state institutions are recognized as types of state, municipal institutions.

3. The functions and powers of the founder in relation to a state institution created by the Russian Federation or a constituent entity of the Russian Federation, a municipal institution created by a municipal entity, unless otherwise established by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, are carried out by the authorized a federal executive body, an executive body of a subject of the Russian Federation, a local self-government body (hereinafter referred to as the body exercising the functions and powers of the founder).

Article 9.2. State-financed organization

1. A budgetary institution is a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipality to perform work, provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of state authorities (state bodies) or local governments in the fields of science, education , healthcare, culture, social protection, employment, physical culture and sports, as well as in other areas.

2. A budget-financed institution carries out its activities in accordance with the subject and goals of its activities, determined in accordance with federal laws, other regulatory legal acts, municipal legal acts and the charter.

3. State (municipal) tasks for a budgetary institution in accordance with the main types of activity provided for by its constituent documents are formed and approved by the relevant body exercising the functions and powers of the founder.

In accordance with state (municipal) assignments and (or) obligations to the insurer for compulsory social insurance, a budgetary institution carries out activities related to the performance of work, the provision of services related to its main activities, in the areas specified in paragraph 1 of this article.

A budgetary institution is not entitled to refuse to fulfill a state (municipal) task.

The reduction of the amount of the subsidy provided for the implementation of the state (municipal) task, during the period of its implementation, is carried out only with a corresponding change in the state (municipal) task.

4. A budget-financed institution shall have the right, in addition to the established state (municipal) assignment, and also in cases specified by federal laws, within the established state (municipal) assignment, to perform work, provide services related to its main activities, provided for by its constituent document, in the areas specified in paragraph 1 of this article, for citizens and legal entities for a fee and on the same conditions for the provision of the same services. The procedure for determining the specified fee is established by the relevant body exercising the functions and powers of the founder, unless otherwise provided by federal law.

A budgetary institution has the right to carry out other types of activities that are not the main types of activity, only in so far as it serves to achieve the goals for which it was created and corresponding to the specified goals, provided that such activities are indicated in its constituent documents.

5. In accordance with the procedure established by the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, the local administration of a municipal formation, a budgetary institution shall exercise the powers of a federal body of state power (state body), an executive body of state power of a constituent entity of the Russian Federation, and a local self-government body for fulfillment of public obligations to an individual subject to execution in monetary form.

6. Financial support for the fulfillment of the state (municipal) task by a budgetary institution is carried out in the form of subsidies from the budgets of the budgetary system of the Russian Federation.

Financial support for the fulfillment of the state (municipal) task is carried out taking into account the costs of maintaining real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by a budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, the costs of paying taxes, as object of taxation for which the relevant property is recognized, including land plots.

In the case of leasing with the consent of the founder of immovable property and especially valuable movable property assigned to a budgetary institution by the founder or acquired by a budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, the founder does not provide financial support for the maintenance of such property by the founder.

Financial support for the exercise by budgetary institutions of the powers of a federal state authority (state body), a state authority of a constituent entity of the Russian Federation, a local self-government body to fulfill public obligations provided for in paragraph 5 of this article, is carried out in the manner established respectively by the Government of the Russian Federation, the highest executive body of the state the authorities of the constituent entity of the Russian Federation, the local administration of the municipality.

7. The procedure for the formation of the state (municipal) task and the procedure for financial support for the implementation of this task are determined by:

1) the Government of the Russian Federation in relation to federal budgetary institutions;

2) the highest executive body of state power of a constituent entity of the Russian Federation in relation to budgetary institutions of a constituent entity of the Russian Federation;

3) local administration in relation to municipal budgetary institutions.

8. A budgetary institution shall carry out transactions with funds received by it in accordance with the legislation of the Russian Federation through personal accounts opened with a territorial body of the Federal Treasury or a financial body of a constituent entity of the Russian Federation (municipal formation) in the manner established by the legislation of the Russian Federation (with the exception of cases established by the federal law).

9. The property of a budgetary institution is assigned to it on the basis of the right of operational management in accordance with the Civil Code of the Russian Federation. The owner of the property of a budgetary institution is the Russian Federation, a subject of the Russian Federation, a municipality, respectively.

The land plot necessary for the fulfillment by a budgetary institution of its statutory tasks is provided to it on the basis of the right of permanent (unlimited) use.

Objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, cultural values, natural resources (with the exception of land plots), restricted for use in civil circulation or withdrawn from civil circulation, are assigned to a budgetary institution on the terms and in the manner determined by the federal laws and other regulatory legal acts of the Russian Federation.

The right of operational management of a budget institution for objects of cultural heritage of religious purpose, including those restricted for use in civil circulation or withdrawn from civil circulation, transferred for free use to religious organizations (as well as when such objects are transferred for free use to religious organizations), is terminated on the grounds prescribed by federal law.

10. A budgetary institution, without the consent of the owner, is not entitled to dispose of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as immovable property.

The budgetary institution has the right to dispose of the rest of the property under the right of operational management on its own, unless otherwise provided by paragraphs 13 and 14 of this Article or paragraph three of paragraph 3 of Article 27 of this Federal Law.

11. For the purposes of this Federal Law, especially valuable movable property means movable property, without which the implementation of its statutory activities by a budgetary institution will be significantly hampered. The procedure for classifying property as especially valuable movable property is established by the Government of the Russian Federation. The types of such property can be determined:

1) federal executive bodies exercising the functions of developing state policy and normative legal regulation, in relation to federal budgetary institutions that are under the jurisdiction of these bodies or under the authority of federal services and agencies subordinate to these bodies, federal state authorities (state bodies), the activities of which are managed by the President of the Russian Federation or the Government of the Russian Federation, in relation to federal budgetary institutions under their jurisdiction;

2) in the manner established by the highest executive body of state power of a constituent entity of the Russian Federation in relation to budgetary institutions of a constituent entity of the Russian Federation;

3) in the manner established by the local administration in relation to municipal budgetary institutions.

12. Lists of particularly valuable movable property are determined by the relevant bodies exercising the functions and powers of the founder.

13. A major transaction may be made by a budgetary institution only with the prior consent of the relevant body exercising the functions and powers of the founder of a budgetary institution.

For the purposes of this Federal Law, a major transaction is a transaction or several related transactions related to the disposal of funds, the alienation of other property (which, in accordance with federal law, a budgetary institution has the right to dispose of independently), as well as the transfer of such property for use or as a pledge, provided that that the price of such a transaction or the value of the alienated or transferred property exceeds 10 percent of the balance sheet value of the assets of a budgetary institution, determined according to its financial statements as of the last reporting date, unless the charter of a budgetary institution provides for a smaller size of a major transaction.

A major transaction made in violation of the requirements of the first paragraph of this clause may be declared invalid at the suit of a budgetary institution or its founder, if it is proved that the other party to the transaction knew or should have known about the absence of the prior consent of the founder of the budgetary institution.

The head of a budgetary institution shall be liable to the budgetary institution in the amount of losses caused to the budgetary institution as a result of a major transaction in violation of the requirements of the first paragraph of this paragraph, regardless of whether this transaction was declared invalid.

14. Budgetary institutions are not entitled to place funds on deposits in credit institutions, as well as to make transactions with securities, unless otherwise provided by federal laws.

Article 10. Autonomous non-profit organization

1. An autonomous non-profit organization is a non-profit organization that does not have membership and was established to provide services in the field of education, healthcare, culture, science, law, physical culture and sports and other areas. An autonomous non-profit organization may be created as a result of its establishment by citizens and (or) legal entities on the basis of voluntary property contributions. In cases stipulated by federal laws, an autonomous non-profit organization may be created by transforming a legal entity of a different legal form.

2. An autonomous non-profit organization has the right to carry out entrepreneurial activities corresponding to the goals for the achievement of which the specified organization was created.

3. Supervision over the activities of an autonomous non-profit organization is carried out by its founders in the manner prescribed by its constituent documents.

4. The founders of an autonomous non-profit organization may use its services only on equal terms with other persons.

5. If the founder of an autonomous non-profit organization is the Russian Federation, a subject of the Russian Federation or a municipality, the procedure for the participation of their representatives in the management bodies of the autonomous non-profit organization is established by the Government of the Russian Federation, a state authority of a subject of the Russian Federation or a local self-government body.

Article 14. Constituent documents of a non-profit organization

1. The constituent documents of non-profit organizations are:

charter approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budgetary institution;

charter or, in cases established by law, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, regulations approved by the relevant body exercising the functions and powers of the founder, for a public institution;

the memorandum of association concluded by their members and the articles of association approved by them for the association or union;

paragraph four is no longer valid.

The founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a constituent agreement.

In cases stipulated by law, a non-profit organization may act on the basis of the general regulation on organizations of a given type and type.

1.1. Approval of the charter of a budgetary or state-owned institution is carried out in the manner prescribed by:

1) the Government of the Russian Federation - in relation to federal budgetary or state institutions;

2) by the highest executive body of state power of a constituent entity of the Russian Federation - in relation to budgetary or state institutions of a constituent entity of the Russian Federation;

3) by the local administration of the municipality - in relation to municipal budgetary or state-owned institutions.

2. The requirements of the constituent documents of a non-profit organization are binding on the non-profit organization itself, its founders (participants).

The charter of a budgetary or state institution must also contain the name of the institution, an indication of the type of institution, information about the owner of its property, an exhaustive list of activities that a budgetary or state institution is entitled to carry out in accordance with the goals for which it was created, indications of the structure, competence management bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies.

The constituent documents of a non-profit organization may also contain other provisions that do not contradict the law.

4. Changes to the charter of a non-profit organization are made by decision of its supreme management body, with the exception of the charter of a budgetary or state institution, the charter of a fund, which can be changed by the bodies of the fund, if the charter of the fund provides for the possibility of changing this charter in such a manner.

Amendments to the charter of a budgetary or state-owned institution shall be made in the manner prescribed by:

the Government of the Russian Federation - in relation to federal budgetary or state institutions;

the highest executive body of state power of a constituent entity of the Russian Federation - in relation to budgetary or state institutions of a constituent entity of the Russian Federation;

by the local administration of the municipality - in relation to municipal budgetary or state-owned institutions.

Article 23

1. State registration of changes made to the constituent documents of a non-profit organization is carried out in the same manner and within the same timeframe as the state registration of a non-profit organization.

2. Changes to the constituent documents of a non-profit organization shall enter into force from the day of their state registration.

3. For the state registration of changes made to the constituent documents of a non-profit organization, 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.

4. Changes made to the information specified in Clause 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" acquire legal force from the day they are entered in the Unified State Register of Legal Entities.

Article 23.1. Denial of state registration of a non-profit organization

1. State registration of a non-profit organization may be denied on the following grounds:

1) if the constituent and other documents of the non-profit organization submitted for state registration contradict the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if a non-profit organization with the same name was previously registered;

3) if the name of a non-profit organization offends morality, national and religious feelings of citizens;

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

5) if a person acting as a founder of a non-profit organization cannot be a founder in accordance with paragraph 1.2 of Article 15 of this Federal Law;

6) if the decision to reorganize, liquidate a non-profit organization, to amend its constituent documents or to change the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" is made by a person (persons) not authorized for that by federal law and (or) constituent documents of a non-profit organization;

7) if it is established that the documents submitted for state registration contain false information;

8) in the case provided for in paragraph two of paragraph 1.1 of this article.

1.1. If the documents submitted for state registration, provided for by this Federal Law, are executed in an improper manner, the authorized body or its territorial body has the right to decide to suspend the state registration of a non-profit organization until the applicant eliminates the grounds that caused the suspension of state registration, but not more than three months. When a decision is made to suspend the state registration of a non-profit organization, the period established by paragraph 8 of Article 13.1 of this Federal Law is interrupted. The part of such period that has expired before the decision to suspend the state registration of a non-profit organization is not counted towards the new period, the course of which begins from the date of submission of documents drawn up in the proper manner.

Failure by the applicant to eliminate the grounds that caused the suspension of the state registration of a non-profit organization within the period established by the said decision is the basis for the authorized body or its territorial body to take a decision to refuse state registration.

2. State registration of a branch of a foreign non-profit non-governmental organization may also be denied on the following grounds:

1) if the goals of establishing a branch of a foreign non-profit non-governmental organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if the goals of creating a branch of a foreign non-profit non-governmental organization pose a threat to the sovereignty, political independence, territorial integrity and national interests of the Russian Federation;

3) if a branch of a foreign non-profit non-governmental organization previously registered on the territory of the Russian Federation was liquidated due to a gross violation of the Constitution of the Russian Federation and the legislation of the Russian Federation.

3. The decision to refuse state registration or to suspend the state registration of a non-profit organization must be made no later than fourteen working days from the date of receipt of the submitted documents.

In case of refusal of state registration or suspension of state registration of a non-profit organization, the applicant shall be informed of this in writing within three working days from the date of adoption of the relevant decision, indicating the grounds provided for by this article that caused the refusal of state registration or suspension of state registration of a non-profit organization.

4. In the event of a refusal to state registration of a branch of a foreign non-profit non-governmental organization on the grounds provided for in subparagraph 2 of paragraph 2 of this article, the applicant shall be informed of the reasons for the refusal.

5. Denial of state registration of a non-profit organization may be appealed to a higher authority or to a court.

6. Denial of state registration of a non-profit organization 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 non-profit organization and the adoption of a decision on this application shall be carried out in the manner prescribed by this Federal Law.

Chapter IV. Activities of a non-profit organization

Article 24. Types of activities of a non-profit organization

The main activities of budgetary and state institutions are recognized as activities directly aimed at achieving the goals for which they were created. An exhaustive list of activities that budgetary and state institutions can carry out in accordance with the goals of their creation is determined by the constituent documents of institutions.

The legislation of the Russian Federation may establish restrictions on the types of activities that non-profit organizations of certain types are entitled to engage in, and in terms of institutions, including certain types.

Certain types of activities may be carried out by non-profit organizations only on the basis of special permits (licenses). The list of these activities is determined by law.

Materials published by a non-profit organization acting as a foreign agent and (or) distributed by it, including through the mass media and (or) using the information and telecommunication network "Internet", must be accompanied by an indication that these materials have been published and (or) distributed by a non-profit organization acting as a foreign agent.

2. A non-profit organization may carry out entrepreneurial and other income-generating activities only in so far as it serves the achievement of the goals for which it was created and corresponds to the specified goals, provided that such activities are indicated in its constituent documents. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as a contributor.

The legislation of the Russian Federation may establish restrictions on entrepreneurial and other income-generating activities of non-profit organizations of certain types, and in terms of institutions, including certain types.

3. A non-profit organization keeps records of income and expenses from business and other income-generating activities.

3.1. The legislation of the Russian Federation may establish restrictions on non-profit organizations making donations to political parties, their regional branches, as well as to election funds, referendum funds.

4. In order to achieve the goals provided for by the charter of a non-profit organization, it may create other non-profit organizations and join associations and unions.

A budgetary institution, with the consent of the owner, has the right to transfer to non-profit organizations as their founder (participant) funds (unless otherwise established by the terms of the provision of funds) and other property, with the exception of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds. funds allocated to him by the owner for the acquisition of such property, as well as real estate.

The third paragraph is no longer valid.

In the cases and in the manner provided for by federal laws, a budget-financed institution shall have the right to contribute the property specified in paragraph two of this clause to the authorized capital of economic companies or the share capital of economic partnerships, or otherwise transfer this property to them as their founder (participant).

A government institution is not entitled to act as a founder (participant) of legal entities.

home > Companies

Legislative base of the Russian Federation. Legislative framework of the Russian Federation FZ 7 on non-profit organizations

Chapter II. Forms of non-profit organizations

Chapter IV. Activities of a non-profit organization

We also recommend