Federal law on non-profit organizations. Modern Russian legislation on non-profit organizations 15 fz on non-profit organizations

In any state there is a huge number of non-profit organizations. These are formations that are quite important for society, with their goal not to make a profit, but to achieve some goals necessary for society. The operation of such instances in the Russian Federation is regulated by the "On Non-Commercial Organizations". The main provisions of this bill will be discussed in the article.

About non-profit organizations

As a rule, non-profit organizations are created to achieve some specific goals: managerial, cultural, social, charitable, educational, scientific, etc. Any public good, such as resolving a dispute or conflict, protecting rights or interests, satisfying material or spiritual needs - all this can be the goals of a non-profit association. Thus, such organizations are, first of all, socially oriented.

"On non-profit organizations", namely its second article, says that the associations in question can be created only in strict accordance with the forms established by law.

Subject of regulation

The main subject of the Federal Law "On Non-Commercial Organizations" is the civil law status of the represented instances. Types and types of non-commercial associations, their organizational and legal forms, funding opportunities - all this is included in the subject of this draft law.

Federal Law No. 7 "On Non-Commercial Organizations" determines the procedure for the formation and functioning of the represented instances on the territory of the Russian Federation. At the same time, the law does not apply to consumer-type cooperatives, partnerships consisting of homeowners, as well as non-profit dacha civil associations. The law in question does not regulate state bodies and corporations.

Legal status

The federal law "On non-commercial organizations" fixes the legal status of the instances in question. Thus, a non-commercial type association must be created as a legal entity from the moment of its registration by the state. It must own and manage certain property for which it is obliged to be responsible. Any non-profit association must have its own balance sheet and budget.

It is also worth noting that the organizations in question can open bank accounts, set deadlines, and also publish their own symbols in the form of coats of arms, emblems, heraldic signs, flags or hymns. At the same time, the symbolism must comply with the requirements of the law (should not offend anyone). Symbols must be registered with the appropriate authorities.

Types of Nonprofit Organizations

The entire second chapter of the bill under consideration is devoted to the main types of non-profit organizations. Thus, Article 6 of the Federal Law (No. 7 FZ) "On non-profit organizations" refers to religious and public organizations. Such associations are created to meet the spiritual or other non-material needs of citizens. Article 6.1 speaks of the creation of communities of small indigenous peoples. The need for their creation, most likely, is obvious: the preservation of the traditions and customs existing in the community. Article 6.2 speaks of the formation of Cossack societies. The goal here is the revival and popularization of the Russian Cossacks.

Article 7 of the Federal Law "On Non-Commercial Organizations" provides for the creation of charitable or any other socially-oriented foundations. Rules for the creation, requirements for the functions of funds, responsibility for violations - all this is present in the seventh article. A similar theme is present in Article 7.1, which deals with public corporations. The main difference between the fund and is the degree of subordination to the authorities. Article 7.2 refers to a state-owned company, a non-membership organization set up by the Russian authorities to provide public services.

Article 8 refers to the so-called associations based on membership. Finally, Article 9 provides information on private institutions - special associations created by a private owner.

Activities of non-profit organizations

The main activities of the associations in question are also considered in the Federal Law "On Non-Commercial Organizations". Articles 7-10 talked about the types of such associations, but said nothing about their functioning. Article 24 of the draft law under consideration establishes the main activities of non-commercial organizations. It is worth noting here that associations can carry out both one and several types of functioning at once. The most important thing here is the absence of contradictions to the legislation of the Russian Federation and compliance with the previously established goals. At the same time, the law may impose some restrictions on the operation of non-profit organizations, but only on the basis of special licenses.

Associations of a non-profit type have the right to engage in entrepreneurial activities, but only if this contributes to the achievement of established goals.

About the creation of a non-profit organization

Article 13 of the draft law under consideration establishes the basic principles for the formation of a non-profit organization. Of course, everything here will depend on the type of association. However, there is a somewhat generalized mechanism in accordance with which non-profit organizations should be created.

As a rule, associations of a non-commercial type are formed by founding them or by reorganizing another association. The decision to establish an organization is taken, respectively, by the founder. His role may be:

Government of the Russian Federation.
Local administration of the municipality.
Private individual.
Entity.

The founders themselves will be discussed in detail below.

About the founders

The federal law of the Russian Federation "On non-profit organizations" states that only able-bodied citizens or legal entities, including foreigners and stateless persons, can be founders of associations of the type in question. However, everything will depend, first of all, on the organizational and legal forms of the organization itself. Who can't act as a founder? Here's who the law points to:

It is also worth noting that the constituent entities of the Russian Federation become founders for the creation of budgetary or state-owned organizations in the Russian Federation. Municipal formations act as a founder for the creation of a municipal state or budgetary formation.

Liquidation of a non-profit organization

Like any other organization, a non-profit association must be liquidated in a special manner, as well as in full compliance with legal requirements and norms. Thus, Article 19 of the Federal Law "On Non-Commercial Organizations" (last revised on December 19, 2016) states that a special liquidation commission should be created, which is obliged to do the following:

place in the press information on the state registration of the organization;
announce the closure of the association;
announce the timing and procedure for closing the organization.

In this case, the term for filing claims may not be less than two months from the date of publication of data on the liquidation of the association. Further, the liquidation commission is obliged to draw up the so-called interim balance sheet, which must contain all the basic information about the composition of the organization's property. After the liquidation commission settles accounts with creditors, the founders of the non-profit organization will make an appropriate decision to close the association.

Control

At the moment, there is no single procedure for managing non-profit organizations. The structure, the order of formation, the terms of functioning, methods of management and much more - all this is fixed by local acts of the organization itself.

However, if the founder of the NPO is the Government of the Russian Federation, then the relevant charter can only provide for the methods of formation and management of the association provided for by the Federal Law.

Thus, the most important installation here remains only compliance with the legislation of the Russian Federation.

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 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 shall apply to all non-commercial organizations established or being created on 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 that 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, associations of homeowners, horticultural, horticultural and dacha non-profit associations of citizens.

4. Clause 6 of Article 2, Articles 13-19, 21-23, 28-30, Paragraph 3 of Clause 1 of Article 32 of this Federal Law shall 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 self-government bodies, as well as to autonomous institutions, unless otherwise established 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.

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.

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 defame 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.

Judicial practice under article 3 of the Federal Law of 12.01.1996 No. 7-FZ

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The following may be envisaged: 1) other procedure for the formation and term of office of the governing bodies of an autonomous non-profit organization; 2) management bodies of an autonomous non-profit organization not provided for by this Federal Law; 3) other division of competence between the governing bodies of an autonomous non-profit organization than provided for by this Federal Law. According to par. 3 p. 3 art. 27 of the Federal Law "On non-profit organizations" the transaction ...

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The interests of citizens and organizations, the resolution of disputes and conflicts, the provision of legal assistance, as well as for other purposes aimed at achieving public benefits. According to Part 1 of Article 3 of the Federal Law "On Non-Commercial Organizations", a non-commercial 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, is owned or operated ...

Many people dream of starting their own business. Of course, in modern conditions it is not easy to do this, but if there is a great idea and capital, then all that remains is to settle all the organizational issues. In what form to create a company, what has changed in the law, and whether there is a Federal Law "On Commercial Organizations" - read about this in the article.

concept

Legal entities (LE) - such companies that are created for the purpose of making a profit (for example, the production and sale of any products, things) or without it (training, development).

All persons according to the indicated target attribute are divided into two large blocks: commercial (for profit) and non-profit organizations (without such a goal (hereinafter referred to as NPOs)).

The modern market needs such forms of activity, since our economy is a market one. In the past Soviet times, with a command type of economy, these organizations were not needed, since everything was dictated by the state: what to eat, how to dress, where to study.

These institutions are independent persons who have property, are liable for debts, and also participate in the turnover on their own behalf. They are created specifically by members, and even if members withdraw, the legal entity continues to exist. This is a guarantee against loss of property.

The legal status of these organizations is quite widely regulated by the Civil Code of the Russian Federation. At the same time, some researchers believe that it would be a good idea to issue a separate Federal Law “On Commercial Organizations” by analogy with NGOs.

Legislative regulation: what's new?

The rapidly changing legal relations in the provision of services, the sale of goods require changes in the legislative framework.

Currently, the issues of creation, operation, liquidation of organizations are regulated in addition to the Civil Code (Chapter 4) by the following federal laws:

Federal Law (FZ) "On non-profit organizations" of 1996 No. 7.
"On LLC" 1998 No. 14.
"On JSC" 1995 No. 208.
"On Public Law Companies" 2016 No. 236.
"On the procedure for the formation and spending of the target capital of NCOs" 2006 No. 275.
“On horticultural, horticultural and dacha non-profit associations of citizens” 1998 No. 66.
"On SRO" 2007 No. 315.
"On credit cooperation" 2009 No. 190.
"On advocacy and advocacy" 2002

It is worth noting that some incorrectly refer to the law on NGOs as the Federal Law “On Non-Commercial Public Organizations”. Such a name does not exist, public organizations are one of the varieties of NGOs.

In 2014, the main changes affected the paragraphs of Chapter 4 of the Civil Code:

introduced the division of legal entities (both commercial and non-commercial) into corporate and unitary ones;
the concept of "obligatory rights" was replaced by "corporate rights";
the names of some forms of legal entities have changed: instead of CJSC and OJSC, now PJSC (public) and NPAO (non-public); Homeowners' associations and dacha partnerships are associations of property owners; the state corporation and company, additional liability companies, etc. have been abolished;
the category “public law company” was introduced, the law of the same name was adopted in 2016;
now the Civil Code of the Russian Federation describes in detail the procedure for creating a legal entity (making decisions and requirements for constituent documents);
the charter may stipulate that the authority to act on behalf of the legal entity is granted to several persons who will act jointly or independently (to be included in the Unified State Register of Legal Entities);
added an article about affiliation (connectivity);
amendments were made to the provisions on the liquidation of persons.

From the list of normative acts given above, it can be seen that at present there is no separate federal law on commercial organizations. All provisions on them are regulated in sufficient detail in the Civil Code of the Russian Federation, other separate acts. Consequently, there is no latest edition of the federal law on commercial organizations.

Legal theorists, when forming the doctrine of the development of legislation on legal entities, note that the legal regulation of the status of these persons is characterized by a plurality of regulations that do not fully correspond to each other and to the code as a whole. As we can see, most of the federal laws on the commercial activities of organizations (on LLC, on joint-stock companies, on economic partnerships, etc.), in relation to the Civil Code, are special, while actively influencing the implementation of the norms of the code. Sometimes some provisions are written several times in different documents, creating contradictions to each other.

Some scientists see that in order to eliminate the competition of legal norms that have the same legal force, it is necessary to adopt the Civil Code as a federal constitutional law, others see a way out in the adoption of a single Federal Law “On Commercial Organizations” along with the Civil Code.

Systematization

Currently, the classification of legal entities is carried out according to many criteria. Two main ones can be distinguished.

According to the purpose of creating a legal entity, there are:

commercial;
non-commercial.

According to the management structure:

corporate;
unitary.

You can also systematize persons by type of activity, responsibility, education, etc.

Corporations or unitary legal entities?

This is a relatively new classification of legal entities; until 2014, the law did not provide for this.

Corporations are legal entities where the founders have the right to participate in the organization, create the highest governing body. These include business companies, partnerships, partnerships, production and consumer cooperatives, Cossack societies, public organizations, associations, TSN, communities of small indigenous peoples.

Unitary - legal entities in which the founders do not have a similar right, respectively, do not acquire the right to membership.

Prominent representatives of this class are unitary enterprises (municipal and state), non-profit autonomous organizations (ANO), public law companies (PPC), religious organizations, foundations, institutions.

The question of the expediency of such a separation of persons has been raised more than once in scientific circles. Some believe that this is meaningless, since the classification is only interesting for science, but of little use in practice.

Other scholars say that such a systematization makes it possible to unify the structure of their management, to uniformly regulate relations within corporations. At the same time, many note that in practice the question of the procedure for appealing against decisions of governing bodies in unitary organizations remains unresolved.

Commercial organizations

The main purpose of creating these enterprises is to make a profit. They can operate in almost any area: the sale of services (household, legal, beauty salons, car repair shops, etc.), the production and sale of goods (farms, factories, factories, etc.).

Now the legal status of these organizations is fully regulated by the Civil Code of the Russian Federation. If we turn to history, we will see that since 1990, i.e. since the birth of a market economy, a separate Law of the RSFSR in the field of enterprises and entrepreneurial activity No. 445-1 has been in force. It was replaced by the articles of the first part of the Civil Code and the Federal Law "On NGOs", while a separate Federal Law "On Commercial Organizations" was not adopted.

At the present time, these organizations are created in the following forms:

Corporate:

household JSC);
household partnerships;
farms peasant (farm);

household partnerships;
PC (production cooperatives).

Unitary:

unitary enterprises: state/municipal.

As noted above, some legal theorists believe that a separate federal law on commercial organizations should be issued. It would combine in itself a detailed breakdown of all forms that are scattered under separate laws, as well as the procedure for formation, restructuring and liquidation, and issues of responsibility.

It is also worth noting that all legal entities, including commercial organizations, according to 44-FZ, which regulates procurement for the needs of state bodies or municipalities, can act as suppliers without having tax debts, affiliation with a customer, and not being an offshore company .

NPO Forms

Since there are many more types of NPOs than commercial organizations, the legislator separately regulated their activities in the law of the same name. Art. 3 of the Federal Law "On non-profit organizations" determines their legal status. An NPO is created from the moment of state registration, must have property on the right of ownership or operational management, is liable for its debts, acquires, exercises powers on its own behalf, can act in courts as a plaintiff or defendant, and bears obligations.

NPO can open accounts, have seals and stamps, symbols. 24 st. The Federal Law “On non-profit organizations” says that they can engage in income-generating activities within the framework of the purposes for which they were created, and if this is provided for by their charters.

These organizations take the following forms:

Corporate:

consumer cooperatives (housing, housing cooperatives, GSK, SPK, gardening and dacha, insurance companies, credit, agricultural, rental funds) - to resolve material and other needs;
public organizations (NGOs) and movements (political parties, trade unions, public amateur performances, TOS) - to meet spiritual and other non-material needs;
association (SRO, non-profit partnerships, unions of trade unions, employers, cooperatives and NGOs, Chamber of Commerce and Industry) - to protect professional and other interests, solve socially useful problems;
associations of property owners (TSN), including HOA - for joint ownership, use, disposal of common property;
Cossack societies indicated in the State Register - to support the type of life of a given people and culture;
communities of small indigenous peoples of the Russian Federation - to maintain an established way of life, culture;
bar associations;
legal education - to provide legal assistance to the population;
notary chambers - to protect the interests of notaries.

Unitary:

funds - for solving charitable, social, educational and other socially useful tasks;
institutions (state, municipal, private) - for the implementation of management, social and cultural functions;
ANO - to provide services in the field of medicine, culture, education, etc.;
religious organizations - for collective worship;
state corporations and companies.

Public law companies

Along with state-owned companies and corporations, a new form of NPO was introduced - PPC. In 2016, a law with the corresponding title was adopted.

Is there a difference between these species and what is the peculiarity, we will now understand this.

To begin with, it is worth mentioning the goals of creating PP, they can be:

public policy;
state property management;
provision of public services;
modernization and innovative development of the economy;
implementation of control and management functions, powers;
implementation of especially important state projects and programs.

As can be seen, the PPC is formed in the interests of the state and society and is endowed with appropriate rights. The order and timing of achieving the goals are prescribed in the strategy for its development.

It is created on the basis of the Federal Law / Decree of the President. It can also be formed through the reorganization of joint-stock companies, state companies, state corporations, the sole founder of which is the Russian Federation.

The main document is the charter. The main task of the PPC is more effective participation of the state in those areas where it is necessary, in order to tighten control over the use of state property.

Companies should have a well-functioning internal control system and create an internal audit service. Once a year, the PPC must send a report to the highest authorities: the President of the Russian Federation, the Government of the Russian Federation, the Federal Assembly of the Russian Federation, the Public and Accounts Chambers of the Russian Federation

In 2017, one such PPC was created - the Fund for the Protection of Citizens' Rights in the Sphere of Shared Construction.

At the same time, independent observers and experts in the field of jurisprudence do not see much difference between the legal status of the three forms: state companies, state corporations, and PICs. The difference is that the first two were created only on the basis of the Federal Law, while the PPC can also be formed on the basis of a decree of the President himself. Some refer to the management scheme of these organizations as a “state LLC”: the same governing bodies, only more audit has been added.

Separate nuances of the legislation on NGOs

The federal law on the activities of non-profit organizations provides in detail the procedure for the formation, reorganization and termination of the activities of these structures.

Sources of formation of property can be:

contributions of founders (members);
voluntary donations;
revenue;
dividends from securities and deposits;
income from their property;
other contributions not prohibited by law.

Acts may establish restrictions on the sources of income for NCOs (for example, for institutions).

The proceeds are not divided among the members of the NPO - this is one of the components of the differences from the activities of commercial organizations.

Art. 32 of the Federal Law "On Non-Commercial Organizations" establishes control over the activities of NGOs. Particular attention is paid to the reporting of organizations that act as foreign agents, as well as receiving finance and property from foreign sources: their annual reporting is subject to audit (once a year), they must submit a detailed report on the activities and management structure to the authorized body (once every six months). ), on spending money and other property (quarterly).

Institutions (state and municipal), for the purpose of openness and accessibility of information (with the exception of state secrets), must post constituent documents, an activity plan, a task, reporting, budget estimates, etc. on the Internet.

In general, supervision over the activities of NPOs is carried out taking into account the provisions of Federal Law No. 294, which regulates relations in the field of state supervision and municipal control, and the rights of legal entities in this area.

Support for NGOs

Article 31.1 of the Federal Law "On Non-Commercial Organizations" provides for the support of socially oriented NPOs by state authorities and local self-government bodies in the conduct of the following activities:

assistance to victims of disasters, catastrophes, incl. preparation of the population to overcome them, interethnic and other conflicts;
in the social sphere: support, service, protection of citizens;

legal assistance free of charge or on preferential terms, legal education;
animal protection, environmental protection;
charity, volunteering;
protection and maintenance of cultural objects, historical objects, burial places;
in the field of healthcare, education, science, sports, art, culture;
prevention of antisocial behavior of citizens;
search works (unknown graves of the defenders of the Fatherland);
perpetuating the memory of the victims of political repressions;
in the field of education of citizens in the spirit of patriotism;
anti-corruption propaganda;
protection of identity, culture, development of interethnic cooperation;
adaptation and integration of migrants (social and cultural);
rehabilitation (medical, social, labor) of people who used drugs and psychotropic substances.
prevention and/or extinguishing fires and rescue operations;
increasing the mobility of labor resources.

This list is not exhaustive, it can be supplemented by local authorities with other types aimed at solving social problems and developing civil society.

So, what are the above enterprises entitled to count on?

Article 31.1 of the Federal Law "On Non-Commercial Organizations" establishes the following support measures:

financial aid;
provision of property, information (placement in the media free of charge), consultations;
training and additional education of employees and volunteers;
tax benefits (including for legal entities that provide material assistance to socially oriented NGOs);
purchases of goods, services, works to meet the needs (state and municipal).

Local authorities may provide assistance in other forms at the expense of budgets.

A responsibility

All legal entities are liable for their debts with their property. Features of responsibility are provided for and institutions, for religious organizations.

As a general rule, the founders (property owners) are not liable for the debts of legal entities, just as legal entities are not liable for the obligations of the former (with certain legal exceptions).

Previously, there was such a form - ALC (company with additional liability), but now it has been abolished due to its lack of demand. Of course, few of the founders will want to give their assets to pay off the debts of the organization.

Thus, developing market relations require new forms of entrepreneurial activity, which must be competently and gently introduced by the legislator into the usual circulation. Whatever the chosen form for the realization of ideas, the goals of creation and activity must always comply with the law. The founders of NPOs have been guilty of this lately, setting the main task of their work to make profit, and not to satisfy any intangible needs of society, as prescribed by regulations.

(with changes and additions)

Chapter I. General Provisions

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

3. This Federal Law does not apply to consumer cooperatives, associations of homeowners, 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.

5. This Federal Law does not apply to state authorities, other state bodies, local self-government bodies, as well as to state and municipal institutions, unless otherwise established by federal 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. Non-profit organizations can 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 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.

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 (with the exception of private institutions) for its obligations with this property, can acquire and exercise property in its own name. and non-property rights, bear obligations, be a plaintiff and 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.

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.

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.

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.

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

Article 6. Public and religious organizations (associations)

1. Public and religious organizations (associations) are 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.

Article 6.1. Communities of Indigenous Peoples of the Russian Federation

1. Communities of indigenous peoples of the Russian Federation (hereinafter referred to as the community of indigenous peoples) are recognized as forms of self-organization of persons belonging to indigenous peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborly principles, in order to protect their primordial habitat, preservation and development of traditional way of life, management, crafts and culture.

2. A community of small peoples has the right to carry out entrepreneurial activities that correspond to the goals for which it was created.

3. Members of a community of small peoples have the right to receive a part of its property or compensation for the value of such a part upon leaving the community of small peoples or upon its liquidation.

The procedure for determining a part of the property of a community of small peoples or compensation for the cost of this part is established by the legislation of the Russian Federation on communities of small peoples.

4. Features of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.

Article 6.2. Cossack societies

1. Cossack societies are recognized as forms of self-organization of citizens of the Russian Federation, united on the basis of common interests in order to revive the Russian Cossacks, protect their rights, preserve the traditional way of life, management and culture of the Russian Cossacks. Cossack societies are created in the form of farm, village, city, district (yurt), district (departmental) and military Cossack societies, whose members, in the prescribed manner, assume obligations to perform state or other service. Cossack societies are subject to inclusion in the state register of Cossack societies in the Russian Federation.

2. The Cossack society has the right to carry out entrepreneurial activities corresponding to the goals for which it was created.

3. Property transferred to the Cossack society by its members, as well as property acquired at the expense of income from its activities, is the property of the Cossack society. Members of the Cossack society are not liable for its obligations, and the Cossack society is not liable for the obligations of its members.

4. Features of the legal status of Cossack societies, their creation, reorganization and liquidation, management of Cossack societies are determined by the legislation of the Russian Federation.

Article 7. Funds

1. For the purposes of this Federal Law, a foundation is 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 assets.

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.

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

Article 7.1. State Corporation

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.

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.

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.

Article 7.2. State company

1. A state company is 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 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 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-owned company may carry out entrepreneurial activities only in so far 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.

Article 8. Non-commercial partnerships

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, unless otherwise established by federal law.

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;

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 the members of the non-commercial partnership into its ownership, unless otherwise provided by federal law or the constituent documents of the non-commercial partnership.

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 assigned to it on the basis of 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 10. Autonomous non-profit organization

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.

For the autonomous non-profit organization "Organizing Committee of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi", see Federal Law No. 310-FZ of December 1, 2007

Article 11. Associations of legal entities (associations and unions)

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 business 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 business 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".

Article 12. Rights and obligations of members of associations and unions

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

Article 13. Creation 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).

Article 13.1. State registration of non-profit organizations

1. A non-profit organization is subject to state registration in accordance with Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs" (hereinafter referred to as the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs") subject to the established this Federal Law on the procedure for state registration of non-profit organizations.

2. The decision on state registration (on refusal of state registration) of a non-profit organization is made by the federal executive body authorized in the field of registration of non-profit organizations (hereinafter referred to as the authorized body), or its territorial body.

3. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of non-profit organizations, as well as other information provided for by federal laws, is carried out by the federal executive body authorized in accordance with Article 2 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" ( hereinafter referred to as the registering body) on the basis of a decision on state registration taken by the authorized body or its territorial body. The forms of documents required for the relevant state registration are determined by the authorized federal executive body.

4. The documents required for the state registration of a non-profit organization shall be submitted to the authorized body or its territorial body no later than three months from the date of the decision to establish such an organization.

5. For state registration of a non-profit organization upon its creation, the following documents shall be submitted to the authorized body or its territorial body:

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

2) constituent documents of the non-profit organization in triplicate;

3) a decision on the establishment of a non-profit organization and on the approval of its constituent documents, indicating the composition of the elected (appointed) bodies in two copies;

4) information about the founders in two copies;

5) a document confirming payment of the state fee;

6) information about the address (location) of the permanent body of the non-profit organization, at which communication with the non-profit organization is carried out;

7) when using in the name of a non-profit organization the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name - documents confirming the authority to use them;

8) an extract from the register of foreign legal entities of the respective country of origin or another document of equal legal force confirming the legal status of the founder - a foreign entity.

5.1. The authorized body or its territorial body is not entitled to require the submission of other documents, except for the documents specified in paragraph 5 of this article.

6. The decision on state registration of a branch of a foreign non-profit non-governmental organization is made by the authorized body. This decision is made on the basis of documents submitted in accordance with paragraph 5 of this article and certified by the authorized body of the foreign non-profit non-governmental organization, as well as on the basis of copies of the constituent documents, registration certificate or other documents of title of the foreign non-profit non-governmental organization.

7. Documents of foreign organizations must be submitted in the state (official) language of the relevant foreign state with a translation into Russian and duly certified.

8. The authorized body or its territorial body, in the absence of grounds established by Article 23.1 of this Federal Law for refusing state registration or suspending state registration of a non-profit organization, no later than fourteen working days from the date of receipt of the necessary documents, makes a decision on state registration of a non-profit organization and sends it to registering body information and documents necessary for the registration body to carry out the functions of maintaining a unified state register of legal entities. On the basis of this decision and the information and documents submitted by the authorized body or its territorial body, the registering body, within a period of not more than five working days from the date of receipt of these information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day making such an entry, informs the body that made the decision on the state registration of the non-profit organization. The body that made the decision on the state registration of a non-profit organization, no later than three working days from the date of receipt from the registering body of information on the entry of an entry on the non-profit organization into the unified state register of legal entities, issues a certificate of state registration to the applicant.

The interaction of the authorized body or its territorial body with the registering body on the state registration of a non-profit organization is carried out in the manner established by the authorized body in agreement with the registering body.

9. For the state registration 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.

Article 13.2. Notification of the establishment in the territory of the Russian Federation of a branch or representative office of a foreign non-profit non-governmental organization

1. A foreign non-profit non-governmental organization, within three months from the date of the decision to establish a branch or representative office in the Russian Federation, notifies the authorized body about this.

2. Notification of the establishment in the territory of the Russian Federation of a branch or representative office of a foreign non-profit non-governmental organization (hereinafter also referred to as a notification) shall be certified by the authorized body of the foreign non-profit non-governmental organization and contain information about the founders and the address (location) of the permanent governing body. The form of the notification is established by the federal executive body exercising the functions of legal regulation in the field of justice.

3. The following documents are attached to the notification:

1) constituent documents of a foreign non-profit non-governmental organization;

2) the decision of the governing body of the foreign non-profit non-governmental organization to establish a branch or representative office of the foreign non-profit non-governmental organization;

3) regulations on a branch or representative office of a foreign non-profit non-governmental organization;

4) the decision to appoint the head of a branch or representative office of a foreign non-profit non-governmental organization;

5) a document outlining the goals and objectives of establishing a branch or representative office of a foreign non-profit non-governmental organization.

4. The notification and the documents attached to it must be submitted in the state (official) language of the relevant foreign state with a translation into Russian and duly certified.

5. The information contained in the notification and the documents attached to it constitute the register of branches and representative offices of international organizations and foreign non-profit non-governmental organizations (hereinafter also referred to as the register), which is maintained by the authorized body.

6. The authorized body, no later than thirty days from the date of receipt of the notification, issues to the head of the relevant branch or representative office of a foreign non-profit non-governmental organization an extract from the register, the form of which is established by the federal executive body exercising the functions of legal regulation in the field of justice.

7. A foreign non-profit non-governmental organization may be refused entry into the register of information about a branch or representative office on the following grounds:

1) if the information and documents provided for by this article are not presented in full or these documents are drawn up in an improper order;

2) if it is established that the submitted constituent documents of a foreign non-profit non-governmental organization contain false information;

3) if the goals and objectives of establishing a branch or representative office of a foreign non-profit non-governmental organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation;

Federal Law No. 170-FZ of July 17, 2009 amended subparagraph 4 of paragraph 7 of Article 13.2 of this Federal Law. The amendments shall enter into force on August 1, 2009.

4) if the goals and objectives of establishing a branch or representative office 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;

5) if a branch or representative office of a foreign non-profit non-governmental organization previously entered in the register was excluded from the register due to a gross violation of the Constitution of the Russian Federation and the legislation of the Russian Federation.

8. In case of refusal to enter information about a branch or representative office of a foreign non-profit non-governmental organization in the register on the grounds provided for in subparagraphs 1-3, 5 of paragraph 7 of this article, the applicant is informed of this in writing, indicating the specific provisions of the Constitution of the Russian Federation and the legislation of the Russian Federation, the violation of which resulted in this refusal, and in case of refusal to enter information about a branch or representative office of a foreign non-profit non-governmental organization in the register on the grounds provided for in subparagraph 4 of paragraph 7 of this article, the applicant shall be informed of the reasons for the refusal.

9. A refusal to enter into the register information about a branch or representative office of a foreign non-profit non-governmental organization may be appealed to a higher authority or to a court.

10. A refusal to enter information about a branch or representative office of a foreign non-profit non-governmental organization into the register is not an obstacle to re-submitting the notification, provided that the reasons for the refusal are eliminated.

11. The legal capacity of a branch or representative office of a foreign non-profit non-governmental organization on the territory of the Russian Federation arises from the date of entry in the register of information about the relevant structural unit of the foreign non-profit non-governmental organization.

12. Not later than twenty days from the date of entry in the register of information about the relevant structural unit of a foreign non-profit non-governmental organization, the head of this structural unit is obliged to notify the authorized body of the address (location) of the branch or representative office and contact numbers.

13. Notifications about changes in the information contained in the notification on the establishment in the territory of the Russian Federation of a branch or representative office of a foreign non-profit non-governmental organization and in the documents attached to the notification, as well as about changes in the information specified in paragraph 12 of this article shall be submitted in the manner prescribed by this article.

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, private institution and 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 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 for the 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 founding 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 foundation, including the board of trustees, and on the procedure for their formation, on the procedure for appointing and dismissing officials of the foundation, on the location of the foundation, on the fate of the foundation'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 a foundation unchanged entails consequences that cannot be foreseen when a foundation is established, and the possibility of changing its charter is not provided for, 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.

Article 15. Founders of a non-profit organization

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

1.1. Foreign citizens and stateless persons legally residing in the Russian Federation may be founders (participants, members) of non-profit organizations, with the exception of cases established by international treaties of the Russian Federation or federal laws.

1.2. Cannot be a founder (participant, member) of a non-profit organization:

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

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

3) a public association or a religious organization whose activities have been suspended in accordance with Article 10 of Federal Law No. 114-FZ of July 25, 2002 "On Combating Extremist Activities";

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

Federal Law No. 170-FZ of July 17, 2009 supplemented paragraph 1.2 of Article 15 of this Federal Law with subparagraph 5, which shall enter into force on August 1, 2009.

5) a person who does not comply with the requirements of federal laws for the founders (participants, members) of a non-profit organization that determine the legal status, procedure for the creation, operation, reorganization and liquidation of certain types of non-profit organizations.

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.

Article 16. Reorganization of a non-profit organization

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) that has arisen 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 accordance with the procedure established by federal laws. Federal Law of March 21, 2002 N 31-FZ, - see the previous edition). *16.4)

Article 17. Transformation of a non-profit organization

1. A non-profit partnership has the right to be transformed into a foundation or an autonomous non-profit organization, as well as into a business company in the cases and in the manner established by federal law Federal Law; amended on January 4, 2003 by Federal Law No. 185-FZ of December 28, 2002; as amended by Federal Law No. 18-FZ of January 10, 2006 - see previous edition).

2. A private 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 (clause as amended by Federal Law No. 175-FZ of November 3, 2006, . previous edition).

3. An autonomous non-profit organization has the right to be transformed into a fund. 2006 N 18-FZ, - see the previous edition).

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 a private institution is made by its owner (the paragraph was supplemented from January 8, 2007 by the Federal Law of November 3, 2006 N 175-FZ - see the previous edition).

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. *17.5.3)

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.

Article 18. Liquidation of a non-profit organization

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.

1_1. An application to the court for the liquidation of a non-profit organization is submitted by the prosecutor of the relevant subject of the Russian Federation in the manner prescribed by the Federal Law "On the Prosecutor's Office of the Russian Federation" (as amended by Federal Law No. 168-FZ of November 17, 1995), by an authorized body or its territorial body (paragraph additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ).

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.

2_1. A branch of a foreign non-profit non-governmental organization on the territory of the Russian Federation shall also be liquidated:

1) in case of liquidation of the relevant foreign non-profit non-governmental organization;

2) in case of failure to provide the information specified in paragraph 4 of Article 32 of this Federal Law;

3) if its activities do not correspond to the goals provided for by the constituent documents, as well as the information provided in accordance with paragraph 4 of Article 32 of this Federal Law.

(Clause 2_1 is additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ)

3. The founders (participants) of a non-profit organization or the body that made the decision to liquidate the non-profit organization appoint a liquidation commission (liquidator) and establish, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for the liquidation of the non-profit organization. effect from July 1, 2002 by the Federal Law of March 21, 2002 N 31-FZ, - see the previous edition).

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.

Article 19. Procedure for the liquidation of a non-profit organization

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 the non-profit organization or the body that made the decision to liquidate it (paragraph as amended by Federal Law No. 31-FZ of March 21, 2002, see the previous version).

4. If the funds available to a liquidated non-profit organization (with the exception of private 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 enforcement of court decisions (the paragraph was supplemented from January 8, 2007 by the Federal Law dated November 3, 2006 N 175-FZ - see the previous edition).

If the liquidated private institution does not have enough funds to satisfy the claims of creditors, the latter have the right to apply to the court to satisfy the remaining part of the claims at the expense of the owner of this institution . previous edition).

5. Payment of monetary amounts to creditors of a non-profit organization being liquidated shall be 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. N 31-FZ, - see the previous edition).

Article 20

1. Upon liquidation of a non-profit organization, the property remaining after the 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 the 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 a private institution remaining after satisfaction of creditors' claims shall be transferred to its owner, unless otherwise provided by the laws and other legal acts of the Russian Federation or the constituent documents of such an institution. see previous edition).

Article 21. Completion of the liquidation of a non-profit organization

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.

Article 22

(the article was excluded from July 1, 2002 by the Federal Law of March 21, 2002 N 31-FZ. - See the previous edition)

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 (paragraph as amended by the Federal Law of January 10, 2006 N 18-FZ, - see the previous edition). *23.1)

2. Changes to the constituent documents of a non-profit organization come into force from the day of their state registration (clause as amended by Federal Law No. 18-FZ of January 10, 2006, see the previous version).

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 amounts provided for by the legislation of the Russian Federation on taxes and fees (the clause was additionally included from April 18, 2006 by Federal Law No. 18- FZ).

4. Changes made to the information specified in paragraph 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 (the paragraph was additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ).

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 documents of the non-profit organization 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 presented in full or are executed in an improper manner, or are 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 Clause 1-2 of Article 15 of this Federal Law.

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 establishing a branch of a foreign non-profit non-governmental organization pose a threat to the sovereignty, political independence, territorial integrity, national unity and identity, cultural heritage 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. If the state registration of a non-profit organization is denied, the applicant shall be informed of this in writing no later than one month from the date of receipt of the submitted documents, indicating the specific provisions of the Constitution of the Russian Federation and the legislation of the Russian Federation, the violation of which resulted in the refusal of state registration of the non-profit organization , except for the case provided for by paragraph 4 of this article.

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.

(The article was additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ)

CHAPTER IV. ACTIVITIES OF A NON-PROFIT ORGANIZATION

Article 24. Types of 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. *24.1.3)

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.

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 (the clause was additionally included from January 21, 2007 by Federal Law of December 30, 2006 N 274-FZ).

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.

Article 25. Property of a non-profit organization

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 land plots or have other rights in accordance with the legislation of the Russian Federation. The federal law may establish the right of a non-profit organization to form endowment capital as part of its property, as well as the specifics of the legal status of non-profit organizations that form endowment capital. into effect from July 3, 2007 by the Federal Law of June 26, 2007 N 118-FZ, - see the previous edition). *25.1)

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.

Article 26

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.

The sources of the formation of the property of a state corporation may be regular and (or) one-time receipts (contributions) from legal entities for which the obligation to make these contributions is determined by federal law ).

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.

Article 27. Conflict of interest

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 in 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 parties 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 liability to the non-profit organization is joint and several.

CHAPTER V. MANAGEMENT OF A NON-COMMERCIAL ORGANIZATION

Article 28

1. The structure, competence, procedure for the formation and term of office of the governing bodies of a non-profit organization, the procedure for making decisions by them and acting on behalf of the non-profit organization are established by the constituent documents of the non-profit organization in accordance with this Federal Law and other federal laws. January 11, 2007 Federal Law of December 30, 2006 N 276-FZ, - see previous edition).

2. Other federal laws may provide for the formation of management bodies of a non-profit organization that are not provided for by this Federal Law (the clause was additionally included from January 11, 2007 by Federal Law No. 276-FZ of December 30, 2006).

Article 29

1. The supreme management bodies of non-profit organizations in accordance with their constituent documents are:

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 these organizations (associations) (paragraph as amended by Federal Law No. 174-FZ of November 26, 1998, see previous edition).

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 fund).

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 cannot make up 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.

Article 30_1. Restrictions on the participation of certain categories of persons in the activities of foreign non-profit non-governmental organizations

Management bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural subdivisions operating on the territory of the Russian Federation may not include persons holding state or municipal positions, as well as positions of state or municipal service, unless otherwise provided by an international treaty Russian Federation or the legislation of the Russian Federation. These persons are not entitled to engage in paid activities financed exclusively at the expense of funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation (the article was additionally included from April 6, 2007 by the Federal Law of March 2, 2007 N 24-FZ)

CHAPTER VI. NON-PROFIT ORGANIZATIONS AND STATE AUTHORITIES

Article 31

1. The paragraph became invalid from January 8, 2007 - Federal Law of November 3, 2006 N 175-FZ. - See the previous edition.

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 of state and municipal social orders in the manner prescribed by the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" (paragraph as amended by effective from February 8, 2006 by the Federal Law of February 2, 2006 N 19-FZ, - see the previous edition);

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 financial support to these non-profit organizations.

Article 32. Control over the activities of a non-profit organization

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. *32.1.1)

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. *32.2)

3. A non-profit organization is obliged to submit to the authorized body documents containing a report on its activities, on the personal composition of the governing bodies, as well as documents on the expenditure of funds and on the use of other property, including those received from international and foreign organizations, foreign citizens and persons without citizenship. The forms and deadlines for submitting these documents are determined by the Government of the Russian Federation (the clause was additionally included from April 18, 2006 by Federal Law No. 18-FZ of January 10, 2006).

4. A structural subdivision of a foreign non-profit non-governmental organization informs the authorized body about the amount of funds and other property received by this structural subdivision, their intended distribution, the purposes of their spending or use and their actual spending or use, about the programs intended for implementation on the territory of the Russian Federation , as well as on the expenditure of the specified funds provided to individuals and legal entities and on the use of other property provided to them in the form and within the time limits established by the Government of the Russian Federation FZ).

5. The authorized body exercises control over the compliance of the activities of a non-profit organization with the goals provided for by its constituent documents and the legislation of the Russian Federation. In relation to a non-profit organization, the authorized body has the right:

1) request from the management bodies of the non-profit organization their administrative documents;

2) to request and receive information on the financial and economic activities of non-profit organizations from the state statistics bodies, the federal executive body authorized for control and supervision in the field of taxes and fees, and other state supervision and control bodies, as well as from credit and other financial organizations ;

3) send their representatives to participate in events held by the non-profit organization;

4) no more than once a year, conduct 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 goals provided for by its constituent documents, in the manner determined by the federal executive body exercising the functions of legal regulation in the field of justice; *32.5.4)

5) in the event of a violation of the legislation of the Russian Federation or the commission by a non-profit organization of actions that contradict the goals provided for by its constituent documents, issue a written warning to it indicating the violation committed and the period for its elimination, which is at least a month. A warning issued to a non-profit organization may be appealed to a higher authority or to a court.

(Clause 5 is additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ)

6. If a violation of the legislation of the Russian Federation is revealed or a branch or representative office of a foreign non-profit non-governmental organization commits actions that contradict the declared goals and objectives, the authorized body shall have the right to issue a written warning to the head of the relevant structural unit of the foreign non-profit non-governmental organization indicating the violation committed and the time period for its elimination, which is at least a month. A warning issued to the head of the relevant structural unit of a foreign non-profit non-governmental organization may be appealed to a higher authority or to a court (the clause was additionally included from April 18, 2006 by Federal Law No. 18-FZ of January 10, 2006).

7. Non-profit organizations are obliged to inform the authorized body about changes in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on licenses received, within three days from the date of such changes and submit the relevant documents for making a decision on their direction to the registration authority. The decision to send the relevant documents to the registration authority is made in the same manner and within the same time frame as the decision on state registration. In this case, the list and forms of documents that are necessary for making such changes are determined by the Government of the Russian Federation (the clause was additionally included from April 18, 2006 by Federal Law No. 18-FZ of January 10, 2006).

8. If a branch or representative office of a foreign non-profit non-governmental organization fails to provide the information provided for in paragraph 4 of this article within the established period, the relevant structural unit of the foreign non-profit non-governmental organization may be excluded from the register of branches and representative offices of international organizations and foreign non-profit non-governmental organizations by decision of the authorized body ( the item is additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ).

9. If the activities of a branch or representative office of a foreign non-profit non-governmental organization do not correspond to the goals stated in the notification, as well as the information provided in accordance with paragraph 4 of this article, such a structural unit may be excluded from the register of branches and representative offices of international organizations and foreign non-profit non-governmental organizations by decision of the authorized body (the clause was additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ).

10. Repeated failure by a non-profit organization to submit the information provided for by this article within the prescribed period is the basis for the authorized body or its territorial body to apply to the court for the liquidation of this non-profit organization (the clause was additionally included from April 18, 2006 by the Federal Law of January 10, 2006 N 18-FZ).

11. The authorized body makes a decision to exclude a branch or representative office of a foreign non-profit non-governmental organization from the register in connection with the liquidation of the relevant foreign non-profit non-governmental organization (the clause was additionally included from April 18, 2006 by Federal Law No. 18-FZ of January 10, 2006).

12. The authorized body sends to the structural subdivision of the foreign non-profit non-governmental organization in writing a reasoned decision to prohibit the implementation on the territory of the Russian Federation of the program or part of it declared for implementation on the territory of the Russian Federation. A structural subdivision of a foreign non-profit non-governmental organization that has received the said decision is obliged to stop activities related to the implementation of this program to the extent specified in the decision. Failure to comply with this decision entails the exclusion of the relevant branch or representative office of the foreign non-profit non-governmental organization from the register, the liquidation of the branch of the foreign non-profit non-governmental organization.

13. In order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state, the authorized body has the right to issue a reasoned decision in writing to the structural unit of a foreign non-profit non-governmental organization to prohibit the transfer of funds and other property to certain recipients of said funds and other property (the item was additionally included from April 18, 2006 by Federal Law No. 18-FZ of January 10, 2006).

14. The federal bodies of state financial control, the federal executive body authorized for control and supervision in the field of taxes and fees, the federal executive body authorized to exercise the function of countering the legalization (laundering) of proceeds from crime and the financing of terrorism establish compliance of the spending of funds and the use of other property by non-profit organizations with the goals provided for by their constituent documents, and by branches and representative offices of foreign non-profit non-governmental organizations - with the stated goals and objectives and report the results to the body that made the decision to register the relevant non-profit organization, inclusion in the register of a branch or representative office a foreign non-profit non-governmental organization (the clause was additionally included from April 18, 2006 by Federal Law No. 18-FZ of January 10, 2006).

15. A foreign non-profit non-governmental organization has the right to appeal against the actions (inaction) of state bodies to the court at the location of the state body, the actions (inaction) of which are being appealed.

CHAPTER VII. FINAL PROVISIONS

Article 33. Responsibility of a non-profit organization

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 (the article as amended by Federal Law No. 31-FZ of March 21, 2002, see the previous version).

2. The clause was excluded from July 1, 2002 by the Federal Law of March 21, 2002 N 31-FZ. - See the previous edition.

3. The clause was excluded from July 1, 2002 by the Federal Law of March 21, 2002 N 31-FZ. - See the previous edition.

Article 34. Entry into force of this Federal Law

1. This Federal Law shall enter into force on the day of its official publication.

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

President of Russian Federation
B. Yeltsin
Moscow Kremlin
January 12, 1996
N 7-FZ