Legal status of public organizations and associations. Administrative and legal status of political parties and public associations. I. Public associations as subjects of administrative law

Administrative and legal status of institutions

In accordance with Article 120 of the Civil Code institution An organization created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature and financed by him in whole or in part is recognized.

The specifics of the legal status of certain types of state and other institutions are determined by law.

To institutions carrying out government management functions, include, for example, the apparatus of legislative and judicial bodies, the prosecutor's office. Social and cultural functions are performed by institutions of education, science, culture, healthcare, etc. The difference between enterprises and institutions lies in the content of their main activities. Government institutions, like state enterprises, are endowed with sufficient independence, but their operational activities are coordinated by the founding organizations and controlled by the relevant executive authorities.

A state or municipal institution can be autonomous, budgetary or state-owned.

Autonomous the institution is liable for its obligations to all that it has the right to operational management property, with the exception of real estate and especially valuable movable property, assigned to an autonomous institution by the owner of this property or acquired by an autonomous institution at the expense of funds allocated by such owner. Property owner autonomous institution is not liable for the obligations of an autonomous institution.

Budget the institution is responsible for its obligations with all the property it has under the right of operational management, both assigned to the budgetary institution by the owner of the property, and acquired from income received from activities generating such income, with the exception of especially valuable movable property assigned to the budgetary institution by the owner of this property or acquired by a budgetary institution at the expense of funds allocated by the owner of the property of the budgetary institution, as well as real estate. The owner of the property of a budgetary institution is not liable for the obligations of the budgetary institution.

A private institution is financed in whole or in part by the owner of its property. Order financial security activities of government and municipal institutions determined by law.

Private or government The institution is liable for its obligations with the funds at its disposal. If the specified funds are insufficient, the owner of its property bears subsidiary liability for the obligations of such an institution.

Legal basis for creation and operation public associations is the federal law dated May 19, 1995 No. 82-FZ “On Public Associations”.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to realize common goals specified in the charter of the public association.

Citizens have the right to create public associations of their choice without prior permission from government bodies and authorities local government.

Created public associations can register in the manner prescribed by law and acquire rights legal entity or function without state registration and acquisition of rights of a legal entity.

Founders public associations are individuals (at least three) and legal entities - public associations that have convened a congress (conference) or general meeting at which the charter of the public association is adopted and its governing and control and audit bodies are formed.

Members public associations are individuals and legal entities - public associations, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by appropriate individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as members of this association.

Public associations can be created in one of the following organizational and legal forms: public organization; social movement; public foundation; public institution; public initiative body; political party.

Public organization is a membership-based public association created on the basis joint activities to protect common interests and achieve the statutory goals of united citizens.

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

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

Social movement is a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the social movement. The governing bodies here are the same as in a public organization.

Public fund is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and use this property for socially useful purposes. The founders and managers of the property of a public foundation do not have the right to use the said property in their own interests.

The governing body of a public foundation is formed by its founders or participants or by a decision of the founders of a public foundation, adopted in the form of recommendations or personal appointments, or by election by participants at a congress (conference) or general meeting.

Public foundations can carry out their activities on the basis trust management. For example, the public foundation “Assistance”, the purpose of which is to provide free support to orphans and the families of their guardians and trustees.

Public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association.

Management of a public institution and its property is carried out by persons appointed by the founder(s). Museums in Russian Federation are created in the form of institutions (Article 26 of the Law “On the Museum Fund of the Russian Federation and Museums in the Russian Federation”).

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

A public initiative body is formed on the initiative of citizens interested in solving these problems, and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders. The body of public initiative has no control over itself higher authorities or organizations.

In case of state registration of a public initiative body this body acquires rights and assumes the responsibilities of a legal entity in accordance with the charter.

Public associations, regardless of their organizational legal form has the right to create unions (associations) of public associations based constituent agreements and charters adopted by unions (associations), thus forming new public associations. The legal capacity of unions (associations) of public associations as legal entities arises from the moment of their state registration.

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

The basic principles of the creation and operation of public associations are voluntariness, equality, self-government and the rule of law. Public associations are free to determine their internal structure, goals, forms and methods of their activities.

State guarantees in the implementation of administrative legal status public associations are that it ensures compliance with the rights and legitimate interests of public associations, provides support for their activities, and legislatively regulates the provision of tax and other benefits and benefits to them. State support can be expressed in the form targeted financing individual socially useful programs of public associations at their requests (state grants); concluding any types of contracts, including for the performance of work and provision of services; social order to fulfill various government programs to an unlimited number of public associations on a competitive basis.

In accordance with Art. 3 of the Federal Law “On Public Associations”, associations created by citizens can register as legal entities and thus acquire the powers of a legal entity or function without being a legal entity.

A public association that is not a legal entity has the right: freely disseminate information about their activities; hold meetings, rallies and demonstrations, marches and picketing; represent and defend their rights, legitimate interests of their members and participants in government bodies, local governments and public associations; exercise other powers in cases where these powers are directly indicated in federal laws on certain types public associations; take initiatives on issues related to the implementation of their statutory goals, make proposals to state authorities and local governments.

To achieve the statutory purposes public association that is a legal entity, along with the listed rights, has a full set of powers of a legal entity, and, above all, in terms of carrying out business activities.

Russian public associations, in accordance with their charters, can join international public associations, acquire rights and perform duties corresponding to the status of these international public associations, maintain direct international contacts and connections, and enter into agreements with foreign non-profit, non-governmental associations.

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

The public association is obliged:

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

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

submit, at the request of the registration authority, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities to the extent of the information submitted to the tax authorities;

allow representatives of the registration body to attend events held by the public association;

provide assistance to representatives of the registration authority in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation.

Repeated failure by a public association to provide the above information within the prescribed period is the basis for the registration authority to apply to the court to prohibit its activities as a legal entity and to exclude it from the Unified State Register of Legal Entities. Simultaneously with these measures, the issue of bringing such a public association and its leader to administrative liability under Art. 13.19 Code of Administrative Offenses of the Russian Federation.

Supervision of compliance with laws by public associations carried out by the Prosecutor's Office of the Russian Federation. The body making decisions on state registration of public associations carries out control for compliance of their activities with the statutory goals. The said body requests from the governing bodies of public associations their administrative documents; sends its representatives to participate in events held by public associations; in case of detection of violations or commission of actions by public associations that are contrary to their statutory goals, issues a written warning to the administration of these associations.

Financial authorities carry out control over sources of income public associations, the amount of funds they receive and the payment of taxes in accordance with the tax legislation of the Russian Federation. Supervision and control over the implementation by public associations of existing norms and standards can be carried out by environmental, fire, epidemiological and other bodies of state supervision and control.

The state and its bodies, public associations and individual citizens bear equal responsibility for compliance with the Federal Law “On Public Associations” and other laws.

On behalf of public associations that do not have the rights of a legal entity, persons who are members of the governing bodies of these associations bear responsibility for violations.

The activities of public associations can be suspended in case of violation of the Constitution of the Russian Federation, the constitutions (statutes) of the constituent entities of the Russian Federation, the legislation of the Russian Federation and the commission of actions contrary to the statutory goals. The federal state registration body or its corresponding territorial body or the Prosecutor General of the Russian Federation (the prosecutor subordinate to him) has the right to suspend their activities. In advance, control and supervisory authorities submit to the governing body of the association a report on the identified violations and set a deadline for their elimination. If these violations are not eliminated within the established time frame, the body or official who made the corresponding submission has the right, by its decision, to suspend the activities of the public association for up to six months. A decision to suspend the activities of a public association until a court considers an application for its liquidation or prohibition of activities may be appealed in court.

If the activities of a public association are suspended, its rights as a founder of funds are suspended mass media. He is prohibited from organizing and holding meetings, rallies, demonstrations, processions, picketing and other mass actions or public events, taking part in elections, using bank deposits, with the exception of payments for economic activity And employment contracts, compensation for losses caused by his actions, payment of taxes, fees and fines.

If the violations are eliminated within a specified period, the public association resumes its activities by decision of the body or official who suspended it. If the court does not satisfy the application for the liquidation of a public association or a ban on its activities, it resumes its activities after the court decision enters into legal force.

Liquidation public association is also carried out by decision of the congress (conference) or general meeting in accordance with the charter of this public association.

The grounds for liquidating a public association or banning its activities are: violation by the public association of the rights and freedoms of man and citizen; repeated or gross violations by a public association of current legislation or the systematic implementation by a public association of activities that contradict its statutory goals.

A public association may be liquidated and its activities prohibited in the manner and on the grounds provided for by the Federal Law “On Combating Extremist Activities.”

The concept and types of public associations, their administrative and legal status.

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to realize common goals specified in the charter of the public association. The right of citizens to create public associations is exercised both directly - through the association of individuals, and through legal entities - public associations. All public associations are characterized by the following features:

formed by individuals and legal entities on a voluntary basis;

do not have government powers and are not recognized as subjects of lawmaking. The source of their powers of a legal nature can only be normative legal acts;

t act on their own behalf;

are not commercial organizations who pursue profit as the goal of their activities.

2. Depending on the organizational and legal norms, the following differ:

public organization - a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens;

social movement - a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the social movement;

public fund - one of the types of non-profit foundations, which is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and use this property for socially useful purposes;

public institution - a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association;

public initiative body - a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and implementation of the programs of the public body amateur performances at the place of its creation;

unions (associations). Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent agreements and (or) charters adopted by the unions (associations), forming new public associations.

Depending on the territorial sphere, public associations can be divided:

to all-Russian - associations that carry out their activities in accordance with the statutory goals in the territories of more than half of the constituent entities of the Russian Federation and have their own structural units there - organizations, branches or branches and representative offices;

interregional - associations that carry out their activities in accordance with their statutory goals in the territories of less than half of the constituent entities of the Russian Federation and have their own structural units there - organizations, branches or branches and representative offices;

regional - associations whose activities, in accordance with their statutory goals, are carried out within the territory of one subject of the Russian Federation;

local - associations whose activities, in accordance with their statutory goals, are carried out within the territory of the local government.

3. The administrative legal personality of public associations includes a set of rights and obligations belonging to them, implemented in relationships with subjects of executive power and citizens. The state, securing the administrative legal personality of public associations, determines the types of administrative legal relations in which they can act as subjects.

Federal Law No. 82-FZ of May 19, 1995 “On Public Associations” establishes that a public association, in order to achieve its statutory goals, has the right:

freely disseminate information about its activities;

participate in the development of decisions of state authorities and local governments in the manner and extent provided for by law;

hold meetings, rallies, demonstrations, processions and picketing;

establish mass media and carry out publishing activities;

represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in government bodies, local governments and public associations;

exercise in full the powers provided for by the laws on public associations;

take initiatives on various issues of public life, make proposals to government bodies;

participate in election campaigns (in the case of state registration of a public association and if there is a provision in the charter of this public association on its participation in elections).

The public association is obliged:

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

annually publish a report on the use of your property, ensure that the report is accessible;

annually inform the body registering public associations about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association in the amount of information included in the Unified State Register legal entities;

submit, at the request of the body registering public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities to the extent of the information submitted to the tax authorities;

allow representatives of the body registering public associations to attend events held by the public association;

provide assistance to representatives of the body registering public associations in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation.

Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation. The body registering public associations exercises control over the compliance of their activities with the statutory goals. Financial authorities exercise control over the sources of income of public associations, the amount of funds they receive and the payment of taxes in accordance with the legislation of the Russian Federation on taxes. Supervision and control over the implementation by public associations of existing norms and standards can be carried out by environmental, fire, epidemiological and other bodies of state supervision and control.

The activities of public associations may be suspended in case of violation of the Constitution of the Russian Federation, the constitutions (statutes) of the constituent entities of the Russian Federation, the legislation of the Russian Federation by a court decision in the manner prescribed by the Federal Law “On Public Associations” and other federal laws.

A public association may be liquidated by a court decision in established by law cases. Liquidation of a public association by a court decision means a ban on its activities, regardless of the fact of its state registration.

Public associations are created for the purpose of implementing and protecting civil, political, economic, social and cultural rights and freedoms; intensifying the initiative of citizens, their participation in the management of state and public affairs; satisfaction of professional and amateur interests; development of scientific, technical and artistic creativity; health protection, participation in charitable activities; carrying out cultural, recreational and sports activities; protection of nature, historical and cultural monuments; patriotic and humanistic education; expansion of international relations; carrying out other activities not prohibited by law.

However, when creating public associations, certain prohibitions and restrictions are provided. Art. 13 of the Constitution of the Russian Federation and Art. 16 of the Federal Law “On Public Associations” establishes the provision that the creation and activity of public associations with the goal or method of action of overthrowing, violently changing the foundations of the constitutional system and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial , national or religious hatred, committing other criminal acts. The creation and activities of public associations that infringe on the health and morals of the population, the rights and legally protected interests of citizens are prosecuted by law.

Let us note that restrictions on the creation of certain types of public associations can only be established by federal law.

Public associations are created and operate on the basis of the principles of voluntariness, equality, self-government, legality and transparency. Public associations are free to determine their internal structure, goals, forms and methods of activity.

All public associations have their characteristic features:

a) are formed by individuals and legal entities on a voluntary basis;
b) due to their nature, they do not have government powers and are not recognized as subjects of lawmaking. The source of their powers of a legal nature can only be regulatory legal acts;
c) act on their own behalf;
d) are not commercial organizations pursuing profit-making as the goal of their activities.

Public associations can be divided (classified) according to different criteria.

Depending on the organizational and legal forms, a public organization, a social movement, a public foundation, a public institution, a public initiative body, unions of public associations, and political public associations (political parties) are distinguished.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens. Members of a public organization can be individuals and legal entities - public associations, unless otherwise established by the Federal Law “On Public Associations” and laws on certain types of public associations.

The highest governing body of a public organization is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) and general meeting. In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization.

A social movement is a mass public association consisting of participants and without membership, pursuing social, political and other socially useful goals supported by participants in the social movement.

The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting. In the case of state registration of a social movement, its permanent governing body exercises the rights of a legal entity on behalf of the social movement and performs its duties.

A public foundation is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and to use this property for socially beneficial purposes.

The governing body of a public fund is formed by its founders or participants or by a decision of the fund’s founders, adopted in the form of recommendations or personal appointments, or by election by participants in a congress (conference) or general meeting. In case of state registration, the fund carries out its activities in the manner prescribed by the Civil Code (Civil Code) of the Russian Federation.

In addition to the Federal Law “On Public Associations” that we are considering, issues of the formation and functioning of public funds are regulated by other laws and by-laws. Examples are Federal Law No. 75-FZ of May 7, 1998 “On Non-State Pension Funds” and the Decree of the Government of the Russian Federation of December 23, 1999.

No. 1432 “On approval of the Rules for the placement of pension reserves of non-state pension funds and control over their placement."

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the institution.

Management of a public institution and its property is carried out by persons appointed by the founder. An institution may create a collegial body elected by participants who are not the founders of the institution and consumers of its services. This body may have the right of an advisory vote with the founder, but cannot dispose of property public institution, unless otherwise established by the founder. In the case of state registration of an institution, it carries out its activities in the manner established by the Civil Code of the Russian Federation.

A public initiative body is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and implementation of the programs of the public body amateur performances at the place of its creation. A public initiative body is formed on the initiative of citizens and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders.

The body of public initiative does not have higher bodies and organizations above it. In case of state registration, it acquires the rights of a legal entity.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent documents (agreements, charters, public associations).

Political parties as a type of public associations received their legislative codification in the Federal Law of July 11, 2001 No. 95-FZ “On Political Parties”.

A political party is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as for the purpose of representing the interests of citizens in government bodies and bodies local government. The goals and objectives of a political party are set out in its charter and program.

Depending on the territorial scope of activity, public associations can be all-Russian, interregional, regional and local.

An all-Russian public association is an association that carries out its activities in accordance with its statutory goals on the territory of more than half of the constituent entities of the Federation and has its own structural units - organizations, branches, branches, representative offices.

An interregional public association is an association that carries out its activities in accordance with its statutory goals in the territories of less than half of the constituent entities of the Federation and has its own structural units there - organizations, branches, branches, representative offices.

A regional public association is an association whose activities, in accordance with its statutory goals, are carried out within the territory of one subject of the Russian Federation.

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

Public associations can be divided according to their field of activity, form of direct subordination and educational goals.

By field of activity, public associations are divided into associations operating independently of the industry or sphere of government (for example, political parties), and associations operating in certain industries and areas of management (for example, scientific, cultural, educational, etc.).

According to the form of direct subordination, public associations are divided into associations led by corresponding superior associations and their bodies (for example, trade unions), and associations operating autonomously (for example, public legal advice).

According to the purposes of education, public associations are divided into political parties, creative unions, religious associations, physical education and sports societies, societies for the protection of consumer rights, etc.

Fundamentals of the administrative and legal status of public associations

Members and participants of youth public associations can be citizens who have reached the age of 14 years, and children's associations - 10 years old.

State authorities and local government bodies cannot be founders, members and participants of public associations.

When creating public associations, the rights and obligations of their founders are specified in the charters of the associations. The charter must provide:

• name, goals of the public association, its organizational and legal form;
• the structure of the association, the governing and control and audit bodies of the public association, the territory within which the association operates;
• conditions and procedure for acquiring and losing membership in a public association, rights and obligations of members of this association (only for an association providing for membership);
• the competence and procedure for forming the governing bodies of the association, the terms of their powers, the location of the permanent governing body;
• rules for making changes and additions to the charter of a public association;
• sources of formation of funds and other property of the association, the rights of the association and its structural divisions for property management;
• procedure for reorganization and (or) liquidation of a public association.

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

A public association has the right not to register with the Federal Registration Service. But in this case it does not acquire the rights of a legal entity. As for political parties, their state registration is mandatory.

State registration of all-Russian and international public associations is carried out by the Federal Registration Service; interregional association - by the bodies of the Federal Registration Service at the location of the permanent governing body of the association; regional and local public associations - territorial bodies of the Federal Registration Service.

For state registration of a public association the following must be submitted:

• an application to the registration body, signed by members of the permanent governing body of this public association, indicating the place of residence of each;
• charter of the public association in two copies;
• an extract from the minutes of the founding congress or general meeting containing information about the creation of the association, the approval of its charter and the formation of governing and control and audit bodies;
• information about the founders;
• documents confirming payment of the registration fee and provision of legal address public association;
• minutes of founding congresses (conferences) or general meetings of structural units for international, all-Russian and interregional public associations;
• when a public association uses a citizen’s personal name or symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright - documents confirming the right to use them.

Documents are submitted for state registration within three months from the date of the founding congress (conference) or general meeting.

The body registering a public association is obliged to review the application for registration within a month and make a decision: to register the association and issue the founders with a certificate of registration, or to refuse state registration of the association and issue the founders a written document with the reasons for the refusal, which can be appealed in court.

The body of the Federal Registration Service enters it into the Unified State Register of Legal Entities and issues a certificate of state registration to the public association. As for a political party, sample forms of certificates of state registration of a political party, its regional or structural unit approved by Order of the Ministry of Justice of Russia dated August 29, 2001 No. 256 “On approval of sample forms of certificates of state registration of a political party, its regional branch, structural unit.”

Essential elements of the administrative and legal status of public associations are their rights and obligations.

To achieve its statutory goals, the association has the right:

• freely disseminate information about its activities;
• take part in the development of decisions of state authorities and local governments in the manner and extent provided for by law;
• hold meetings, rallies, demonstrations, processions and picketing;
• establish mass media and carry out publishing activities;
• represent and defend their rights, legitimate interests of members and participants, as well as other citizens in government bodies, local governments and public associations;
• exercise in full the powers provided for by the laws on public associations;
• take initiatives on various issues of public life, make proposals to government bodies;
• participate in election campaigns in accordance with federal laws and laws of constituent entities of the Russian Federation.

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

In its activities, a public association is obliged to:

• comply with legislation, generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its charter and other constituent documents;
• annually publish a report on the use of its property or ensure accessibility of the said report, inform the body registering the association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the association in the amount of information included in the unified state register of legal entities;
• submit, at the request of the body registering the association, decisions of the governing bodies and officials of the association, as well as annual and quarterly reports on its activities to the extent of the information provided to the tax authorities;
• allow representatives of the body registering associations to attend events held by the public association, as well as assist representatives of the body registering public associations in familiarizing themselves with the activities of the association.

Public associations can carry out entrepreneurial activities as long as it serves the achievement of the statutory purposes for which they were created.

A public association may be reorganized by decision of a congress (conference) or general meeting. State registration of an association newly formed after reorganization is carried out in the order indicated above. The property of an association that is a legal entity passes after its reorganization to newly established legal entities in the manner prescribed by the Civil Code of the Russian Federation.

Liquidation of a public association is carried out either by decision of the congress (conference) or general meeting in accordance with the charter of the association, or by judicial procedure. The decision to liquidate an association that is a legal entity is sent to the body that registered the association in order to exclude the said association from the unified state register of legal entities.

In addition, the law provides for the liquidation of a public association and a ban on its activities in cases of violation of the legislation of the Russian Federation.

The grounds for liquidating a public association or banning its activities are:

• violation by a public association of human and civil rights and freedoms;
• repeated or gross violations by a public association of the Constitution of the Russian Federation, federal constitutional laws, federal laws or other regulatory legal acts, or the systematic implementation by a public association of activities that contradict its statutory goals.

An application to the court for the liquidation of interregional, regional and local public associations is submitted by the prosecutor of the corresponding subject of the Federation in the manner prescribed by the Law of the Russian Federation “On the Prosecutor's Office of the Russian Federation”.

Liquidation of a public association by a court decision means a ban on its activities, regardless of the fact of its state registration.

The procedure and grounds for the liquidation of a public association that is a legal entity, by a court decision, also apply to the prohibition of the activities of a public association that is not a legal entity.

A public association may be liquidated, and the activities of a public association that is not a legal entity may also be prohibited in the manner and on the grounds provided for by Federal Law No. 114-FZ of July 25, 2002 “On Combating Extremist Activities.”

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

The body registering public associations exercises control over the compliance of their activities with the statutory objectives. He has the right:

• request the governing bodies of public associations for their administrative documents;
• send their representatives to participate in events held by public associations;
• in case of detected violations, issue a written warning.

Financial authorities exercise control over the sources of income of public associations, the amount of funds they receive and the payment of taxes in accordance with the legislation of the Russian Federation on taxes.

Control (supervision) over the implementation by public associations of existing norms and standards can be carried out by environmental, fire, epidemiological and other government bodies.

If public associations violate the law, persons who are members of the governing bodies of these associations bear responsibility for the violations committed. When associations commit criminally punishable acts, persons included in the governing bodies of these associations, if proven guilty of organizing these acts, may, by a court decision, be held liable as leaders of criminal communities. Other members and participants of such associations are responsible for those criminal acts in the preparation or commission of which they participated.

The activities of an association may be suspended by a court.

Public associations, in accordance with their charters, may empower association leaders to act on behalf of the association and perform legally significant actions. In these cases, the leaders (representatives, employees) of the association act as subjects of law, including administrative law.

Russian public associations, in accordance with their charters, can join international public associations, acquire rights and bear responsibilities corresponding to the status of these international public associations, maintain direct international contacts and connections, and enter into agreements with foreign non-profit, non-governmental associations.

In addition, Russian public associations can create their organizations, branches or branches and representative offices in foreign countries on the basis of generally recognized principles and norms of international law, international treaties of the Russian Federation and the legislation of these states.

Let's take a closer look at some types of public associations.

The status of trade unions is determined by Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activity.”

A trade union is a voluntary public association of citizens bound by common industrial and professional interests in the nature of their activities, created for the purpose of representing and protecting their social labor rights and interests.

Trade unions are independent in their activities from executive authorities, local governments, employers, political parties, and are not accountable or controlled by them. They protect the right of their members to work, negotiate and conclude collective agreements with the administration, and monitor their implementation. Trade unions also monitor compliance with labor legislation and its protection, have the right to organize and conduct strikes, meetings, street marches and demonstrations, picketing and other collective actions in accordance with federal law, using them as a means of protecting the social and labor rights and interests of workers.

Trade unions have significant legal opportunities to actively influence lawmaking on issues of protecting the social rights and interests of workers. Proposals from trade unions and associations must be taken into account by federal government bodies when considering draft legislative acts affecting the social and legal rights of workers; Executive authorities and local governments adopt draft regulations on such issues, taking into account the opinions of the relevant trade unions.

Trade unions play an important role in protecting the labor rights of workers. In established cases, termination of an employment contract with an employee - a member of a trade union - on the initiative of the employer can be carried out only with the prior consent of the relevant trade union body.

Trade unions have certain rights that provide them with the opportunity to influence the formation of power structures. Thus, they have the right to participate in elections of state authorities and local governments; on a parity basis with other partners, participate in the management of state social insurance funds, employment, health insurance, pension and other funds; interact with government bodies and local governments on the development of sanatorium and resort treatment, recreational facilities, tourism, physical culture and sports.

The employer may transfer for free use to trade unions buildings, structures, premises and other objects that are on the balance sheet of the organization or rented by it, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural, educational, physical education and recreational work with employees and members of their families. At the same time, economic maintenance, repairs, heating, lighting, cleaning, security, as well as equipment of these facilities are carried out by the organization, unless otherwise provided by a collective agreement or agreement.

In addition to the rights provided for by the Federal Law on Trade Unions, their rights and guarantees for activities in the field of social insurance and health care, social security, and improvement of workers’ living conditions are established by other federal laws, as well as laws of the constituent entities.

With the revival of the Cossacks in our country, a number of regulations have been adopted to promote the development of Cossack societies. Thus, the Decrees of the President of the Russian Federation approved: Temporary regulations on the state register of Cossack societies in the Russian Federation, Regulations on the involvement of members of Cossack societies in public and other service, charters of the Siberian, Transbaikal, Terek, Yenisei military Cossack societies.

The regulations on attracting members of Cossack societies to state and other services define the types of service to which they are involved and the procedure for attracting them to public service. Thus, members of Cossack societies:

• perform military service in the manner established by federal legislation;
• are involved in the protection of the State Border of the Russian Federation as part of public formations;
• are involved in the production and supply of agricultural products, raw materials and food for the needs of the Armed Forces of the Russian Federation and other troops.

In addition, they may be involved:

• to protection public order;
• protection of state and municipally owned objects, as well as cargo escort;
• participation in activities related to the elimination of the consequences of natural disasters and assistance to victims;
• participation in customs protection as part of the customs authorities of the Russian Federation;
• participation in huntsman, environmental and environmental services, as well as control over the use and protection of lands;
• protecting forests from fires and protecting them from pests and diseases;
• protection of life support facilities for the population.

The involvement of members of Cossack societies is carried out by interested federal executive authorities and executive authorities of the constituent entities of the Federation, as well as local government bodies.

Federal Law of December 5, 2005 No. 154-FZ “On the State Service of the Russian Cossacks” further strengthened the administrative and legal status of the Cossacks and established that the Russian Cossacks have the right to perform all types of public service: civil, military and law enforcement. Cossacks may also be involved in municipal service, provided that the Cossack society, whose members in the prescribed manner have accepted obligations to perform municipal service, entered into the state register of Cossack societies of the Russian Federation.

Religious associations occupy a special place among public associations. In accordance with the Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations,” a religious association in the Russian Federation is recognized as a voluntary association of citizens of the Russian Federation, other persons, permanently and legally living on the territory of the Russian Federation, formed for the purpose of joint professing and spreading the faith and having the following characteristics corresponding to this goal:

• religion;
• performance of divine services, other religious rites and ceremonies;
• teaching religion and religious education of its followers.

Religious associations can be created in the form of religious groups and religious organizations.

A religious group carries out its activities without state registration and acquiring the legal capacity of a legal entity.

A religious organization must be registered as a legal entity.

Religious organizations, depending on the territorial scope of their activities, are divided into local and centralized.

A local religious organization is a religious organization consisting of at least 10 participants who have reached the age of 18 and permanently reside in the same locality or in the same urban or rural settlement.

A centralized religious organization is a religious organization consisting, in accordance with its charter, of at least three local religious organizations.

The founders of a local religious organization can be at least 10 citizens of the Russian Federation, united in a religious group that has confirmation of its existence in a given territory for at least 15 years, issued by a local government body, or confirmation of inclusion in the structure of a centralized religious organization of the same religion , issued by the specified organization.

A religious organization operates on the basis of a charter, which is approved by its founders or a centralized religious organization and must meet the requirements of the civil legislation of the Russian Federation.

State registration of religious organizations is carried out by the Federal Registration Service and its territorial bodies.

A religious organization may be denied state registration in cases where:

• the goals and activities of a religious organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation (with reference to specific articles of laws);
• the organization being created is not recognized as a religious one;
• the charter and other documents submitted do not comply with the requirements of the legislation of the Russian Federation or the information contained in them is unreliable;
• an organization with the same name was previously registered in the Unified State Register of Legal Entities;
• the founder is incompetent.

What prohibitions exist regarding religious associations? Firstly, Federal Law prohibits the creation of such associations in government bodies, other government bodies, state institutions and local governments, and military units. Secondly, the creation and activities of religious associations whose goals and actions contradict the law are prohibited. Therefore, in the event of repeated or gross violations of the norms of the Constitution of the Russian Federation, the Federal Law on Religious Associations and other federal laws, or in the event systematic implementation a religious organization that engages in activities that are contrary to the goals of its creation, such an organization may be prohibited and liquidated by a court decision.

Supervision over the implementation of the legislation of the Russian Federation on freedom of conscience, freedom of religion and religious associations is carried out by the prosecutor's office of the Russian Federation. And the body that registered a religious organization monitors its compliance with the charter regarding the goals and procedure of its activities.

Federal Law (Article 13) grants the right to a foreign religious organization to open its representative office on the territory of the Russian Federation. The regulations on the procedure for registration, opening and closing of representative offices of foreign religious organizations in the Russian Federation were approved by Decree of the Government of the Russian Federation of February 2, 1998 No. 130.

It should be noted that the President of the Russian Federation pays a lot of attention to issues of interaction federal bodies state authorities with various public associations. This is facilitated, in particular, by Decree of the President of the Russian Federation of November 6, 2004 No. 1417 “On the Council under the President of the Russian Federation for promoting the development of civil society institutions and human rights”, Federal Law of April 4, 2005 No. 32-FZ “On Public Chamber of the Russian Federation”, as well as Decree of the President of the Russian Federation of September 28, 2005 No. 1138 “On approval of members of the Public Chamber of the Russian Federation”.

Institute of Law and Administration of the WPA

COURSE WORK

Subject :

Administrative and legal status of public associations

Tula 2014

Introduction

Chapter 1. Theoretical basis public associations as subjects of administrative law

1.1 Concept and types of public associations

2 Development of administrative and legal foundations of the legal status of public associations

3 Rights and obligations of public associations

4The procedure for the creation, reorganization and liquidation of public associations

5 Public control of the activities of public associations

Chapter 2. Study of the administrative and legal status of some public associations

2.1 Administrative and legal status of charitable organizations

2 Administrative and legal status of religious public associations

Conclusion

List of used literature

Introduction

Expanding democratic processes in society and increasing the social activity of citizens contribute to the realization of their rights and legitimate interests through the creation of various types of public associations. That is why in the Russian Federation the number of public associations is increasing from year to year. Over the past five years, the Ministry of Justice of the Russian Federation alone has registered 2,846 public associations (including 85 political parties and 105 public movements). In the country as a whole, the justice authorities have registered more than 35 thousand such formations, including almost 1.5 thousand political parties.

Also, the socio-economic changes that have occurred in the Russian Federation in recent years have confronted legal science with the problem of finding new administrative methods of influencing public relations on the part of the executive branch, as well as the problem of improving the forms and its interaction with the institutions of civil society. Insufficient social activity of public associations is the most significant problem for the functioning of our society. This circumstance is due to the fact that public associations are an important integral part legal state, act as a connecting element between the state and the individual. However, as practice shows, this is not always the case. Meanwhile, it is public associations that are one of the most active participants in socio-economic transformations. In this regard, the ongoing political and legal reforms in our country should be based on the modern theoretical concept of their administrative and legal status.

The study of the administrative and legal status of public associations will reveal their true role as an effective element in the mechanism of citizens’ access to institutions of state power, as well as overcome the contradictions that arise in the interaction of executive bodies of state power and local governments with institutions of civil society. In addition, the administrative and legal status of public associations requires an adequate and scientifically based regulatory definition. Legal relations of public associations in the scope of administrative law norms represent a significant group. The rules of administrative law regulate various relations with the participation of public associations, and in order for the practice of these relations to develop in accordance with the law, certainty is necessary, which is achieved by improving the normative legal regulation of the administrative-legal status of public associations.

The relevance, complexity and versatility of these and some other problems was the determining factor in choosing the topic of this course work.

The purpose of the course work is to study the theoretical provisions that define the basis of the administrative and legal status of public associations.

The object of the course work is public relations that develop in the administrative and legal sphere with the participation of public associations.

The subject of the course work is a set of administrative and legal norms regulating the mechanism for implementing the legal status of certain types of public associations in the Russian Federation.

Coursework objectives:

· explore the administrative and legal foundations of the legal status of public associations in the Russian Federation;

· consider the process of development of the administrative and legal framework of the legal status of public associations;

· analyze the concept and types of public associations;

· explore the procedure for creating, reorganizing and liquidating public associations;

· study public associations as subjects of administrative law;

· consider the rights and obligations of public associations as subjects of administrative law;

· explore the basics of public control of the activities of public associations.

Research methods:

· Theoretical: analysis of literature, legal framework on the research problem.

Chapter 1. Theoretical foundations of public associations as subjects of administrative law

1 Concept and types of public associations

A public association is voluntary, self-governing,

a non-profit formation created on the initiative of citizens united on the basis of common interests to achieve the goals specified in the charter of the public association,” says Art. 5 of the Federal Law of May 19, 1995, “On Public Associations.”

This Law provides various shapes implementation by citizens of the constitutional right to association. Citizens have the right to unite in political parties, trade unions, charities and other organizations. The activities of such associations are regulated not only by the mentioned Law, but also by special federal legislation.

Voluntary formation is the most important feature of a public association. At the same time, citizens have the right to create public associations of their choice without prior permission from executive authorities and local governments. Public associations created by citizens are either registered in the prescribed manner and acquire the rights of a legal entity, or operate without state registration and acquisition of the rights of a legal entity.

Members of a public association may be individuals and legal entities - public associations, whose interest in jointly solving the problems of this association is formalized by individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as its members.

The legislation distinguishes five organizational and legal forms of public associations, created in the form of an organization, movement, fund, institution and public initiative body, however, fixed membership is provided for by the Law only for public organizations. At the same time, clear legal differences are established between movements, foundations, public institutions and public initiative bodies. Each of these associations has its own characteristics.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the established goals of united citizens. Members of a public organization, in accordance with its charter, can be individuals and legal entities - public associations, unless otherwise established by federal law and laws on certain types of public associations. The highest governing body is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting. In the case of state registration of a public organization, its permanent body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

A social movement is a mass public association consisting of participants and without membership, pursuing social, political and other socially useful goals supported by participants in the social movement. The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body reporting to a congress (conference) or general meeting. In the case of state registration of a social movement, its permanent body exercises the rights of a legal entity on behalf of the social movement and performs its duties in accordance with the charter.

A public fund is one of the types of non-profit foundations, which is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other receipts not prohibited by law and to use this property for socially useful purposes. The founders and managers of the property of a public foundation do not have the right to use the said property in their own interests. The governing body of a public foundation is formed by its founders and (or) participants or by a decision of the founders of a public foundation, adopted in the form of recommendations or personal appointments, or by election by participants at a congress (conference) or general meeting.

A public institution is a non-membership public association that aims to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association. Management of a public institution and its property is carried out by persons appointed by the founder(s). In accordance with the constituent documents of a public institution, a collegial body may be created, elected by participants who are not the founders of this institution and consumers of its services.

A public initiative body is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and implementation of the programs of the public body amateur performances at the place of its creation.

Federal Law of July 19, 1998 No. 112 - Federal Law “On Amendments and Additions to the Federal Law “On Public Associations”” introduces Art. 12.1, according to which “a political public association is a public association, the charter of which must include, among its main goals, participation in the political life of society through influencing the formation of the political will of citizens, participation in elections to state authorities and local governments through nomination candidates and the organization of their election campaign, participation in the organization and activities of these bodies.”

Public associations may voluntarily unite into associations (unions). Members of an association (union) retain their independence and rights as a legal entity; the name of the association (union) must contain an indication of the main subject of activity of its members, including the words “association” and “union”.

Also based on legislative framework, public associations and organizations, unlike state institutions, do not have power, cannot make generally binding decisions and demand their implementation, as well as dictate their will. Public associations differ in their activities from political parties, since they do not set as their goal to seize state power and in this sense are not initially political organizations, although their activities may acquire a political nature in the manner prescribed by law, as well as in accordance with the charter, constituent documents of a public association or organization.

Thus, public associations in Russia are created to attract citizens to the implementation of state policy, put forward civil initiatives aimed at implementing the constitutional rights, freedoms and legitimate interests of citizens and public associations themselves, their activities in the field of development of civil society and a legal democratic social state in the Russian Federation. Federation. Public associations, in accordance with their charters and constituent documents, can be divided into:

· socio-political,

· public-civil,

· national-cultural,

· religious and others.

In most cases, each of the designated areas, in turn, is divided into organizations with different profiles and interests. For example, within the social and civil direction, veterans, youth, children's, women's, cultural and educational, educational, charitable, human rights, professional, and creative associations are formed. According to the constituent documents, in accordance with its organizational structure, all of these associations are diverse in their areas of activity and cover different sets of public interests. Public associations differ in their characteristics, including:

· by territorial status: municipal, citywide, regional, interregional, federal, international;

· by the nature and direction of activity: societies, associations, centers, organizations of culture, education, enlightenment, socio-political, professional and cultural, etc.;

· about belonging to social groups: youth, veteran, women's;

· according to political and ideological attitudes.

The basis for classification may be other criteria: by scale of activity, methods and modes of action, degree of organization, by class, national or demographic characteristics. But public associations, regardless of organizational and legal forms, are equal before the law. Their activities are based on the principles of voluntariness, equality of law, self-government and legality. Public associations are free to determine their internal structure, goals, forms and methods of activity. The activities of public associations must be transparent, and information about their constituent and program documents public.

2 Development of administrative and legal foundations of the legal status of public associations

The study and development of administrative legislation regulating the administrative and legal status of public associations is important for the formation in our country of legal mechanisms relating to the formation of full-fledged institutions of civil society. In addition, studying the history of the development of legislation on public associations allows us to form a new vision of civil society, and can also contribute to the development of adequate administrative and legal mechanisms relating to the relationship between an individual and the state. In addition to the above, research into the history of legislation on public associations helps to systematize theoretical and empirical material concerning the functioning of public associations in our country.

In the XVIII-XIX centuries. legislation on public formations was being formed, however, legislative acts During this period, priority attention was paid not to the order of formation of public formations, but to the organization of control (supervision) over them. One of the first legislative acts that determined the administrative and legal status of public formations was the Charter of the Deanery (1782). The normative act gave citizens the opportunity to create public associations themselves.

In the legal literature of the late 19th - early 20th centuries, various terminology was used to designate the category “public association” (society, association, private society, etc.). Socio-economic transformations of the late 19th century. entailed the intensification of the activities of public formations, but the regulatory framework for their activities at that time was practically absent. To create public associations, it was necessary to obtain permission from the Ministry of Internal Affairs and the Ministry of Finance. Public associations that were created and functioned without their permission were declared illegal. The competence of the Ministry of Internal Affairs in regulating the administrative and legal status of public associations was determined by the act of the Ministry of Internal Affairs of April 26, 1905, during this period the manifesto “On Freedom of Unions” was also issued. Following the manifesto, the active creation of political parties, trade unions and other public formations began. On March 4, 1906, temporary rules “On Societies and Unions” were adopted. A landmark normative legal act in the mechanism of administrative and legal regulation of the activities of public associations was the resolution “On Meetings and Unions.”

During the Soviet period, legislation on public associations also actively developed. In the 20s XX century the Decree of the All-Russian Central Executive Committee of August 3, 1922 was adopted “On the procedure for convening congresses and all-Russian meetings of various unions and associations and on the registration of these organizations”; on May 9, 1924 the resolution of the Central Executive Committee and the Council of People's Commissars of the USSR was adopted “On the procedure for approving and registering societies and unions, not pursuing the goal of making a profit and extending their activities throughout the territory of the entire USSR, and supervision over them", February 6, 1928. The resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR approved the provision "On societies and unions not pursuing profit." In the 30s of the XX century. legislation on public associations also continued to develop. Thus, on July 10, 1932, the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR adopted a resolution “On approval of the regulations on voluntary societies and unions.” This act, unlike all previous ones, quite comprehensively defined the administrative and legal status of public associations. Called normative legal act determined: the procedure for organizing societies and unions; state control regime over the activities of voluntary societies and their unions; procedure for liquidating the activities of public associations. The concept of the mentioned document served as the basis for the subsequent development of administrative legislation on public associations. It should be noted that the 1932 resolution was repealed only in 1992.

The current state of legal regulation of the activities of public associations in the Russian Federation is characterized by extreme breadth. The activities of public associations are regulated by a number of legal acts. These are the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law “On Public Associations”, as well as: Federal Law No. 95-FZ of July 11, 2001 “On Political Parties”, Federal Law No. 10-FZ of January 12, 1996. “On trade unions, their rights and guarantees of activity”, Federal Law No. 125-FZ of September 26, 1997 “On freedom of conscience and religious associations” and many others.

The content of the administrative-legal status consists of their rights and obligations, which in their totality express the most important and significant connections of the public association with the executive authorities. In this regard, the administrative and legal status of public associations forms the basis for the development of other rights and responsibilities of this subject administrative law. In structural terms, the administrative and legal status of public associations is determined by: rights, obligations, guarantees for the implementation of rights and fulfillment of obligations, as well as legal liability.

The legal possibilities of a public association in the sphere of executive power are numerous and varied. Established by administrative legislation in accordance with the constitutional framework, the rights and obligations of this subject consolidate their relations and connections with executive authorities carrying out executive and administrative activities. They can add up due to:

· implementation of the rights belonging to the public association by law;

· fulfillment of the duties assigned to the public association in the field of government controlled;

· violation by governing bodies (officials) of the rights and interests of a public association;

· violation by a public association of its legal duties in the field of public administration.

Thus, the classification of subjective rights and obligations of public associations in the field of public administration may be as follows:

· general rights and obligations of a public association in the field of public administration;

· special rights and obligations of a public association in the field of public administration, in particular in the field of maintaining public order and ensuring public safety.

The group of general rights and obligations of a public association in the field of public administration in accordance with current legislation includes the fact that a public association has the right:

· freely disseminate information about its activities;

· take part in the development of decisions of state authorities and local self-government in the manner and extent provided for by law;

· hold meetings, rallies, demonstrations, processions and pickets;

· establish mass media and conduct publishing activities;

· represent and defend their rights, legitimate interests of their members and participants, other citizens in government bodies, local governments and public associations;

· exercise in full the powers provided for by the laws on public associations;

· take initiatives on various issues of public life, make proposals to government bodies;

· participate in election campaigns (in the case of state registration of an association and if there is a provision in the charter of this association on its participation in elections), etc. (Article 27 of the Law).

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

In its activities, a public association is obliged to:

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

· annually publish a report on the use of its property or ensure accessibility of the said report, inform the body registering the association about the continuation of its activities and indicate the actual location of the permanent governing body, its name and information about the leaders of the association in the amount of information included in the unified state register of legal entities;

· submit, at the request of the body registering the association, decisions of the governing bodies and officials of the association, as well as annual and quarterly reports on its activities to the extent of the information provided to the tax authorities;

· allow representatives of the body registering associations to attend events held by the public association, assist representatives of the body registering the public association in familiarizing themselves with the activities of the association.

If we talk about guarantees for a public association to exercise its legal capacity, they can be classified into: general (ideological, social, political, economic, etc.), special (legal) and organizational guarantees. Examining the general guarantees of the administrative and legal status of public associations, we come to the conclusion that their basis is the constitutional requirements that the Russian Federation is a social state. The Russian Federation recognizes ideological and political diversity, etc.

IN modern conditions For the full implementation of the rights granted to public associations, a special place belongs to economic guarantees. The Constitution of Russia recognizes and protects equally private, state, municipal and other forms of property. And although this norm does not directly indicate the need to protect the property of public associations, it also applies to it. The ownership rights of public associations are enshrined in a number of federal laws: “On Non-Profit Organizations”, “On Charitable Activities and Charitable Organizations”, “On Public Associations”, “On Trade Unions, Their Rights and Guarantees of Operations”, etc. A significant role in the formation The property of public associations is played by income received from business activities. However, the current legislation determines some features of the implementation of entrepreneurial activities by public associations, in particular, it determines its statutory nature, and also establishes the procedure for the distribution of income from entrepreneurial activities.

The problem of the possibility of public associations carrying out entrepreneurial activities has been given quite a lot of attention in the literature, mainly through the prism of the fact that public associations do not have the right to carry out the corresponding activities, since this contradicts the legal essence of these organizations. This situation was very succinctly, but at the same time meaningfully described by M.I. Ivanova: “At first glance, in the theory of non-profit legal entities, there are no special “puzzling problems”, as K.P. Pobedonostsev said. And there is nothing particularly theoretical in the subinstitute itself as if does not exist. Everything seems clear in this part: on the one hand - non-profit legal entities with their special legal capacity, on the other - the legal right of these entities to entrepreneurial activity, which in the doctrine is prudently called non-main, or secondary. This provision seems logical and understandable: since non-profit legal entities do not have enough resources for their core activities, then let them earn money. This is precisely what is reflected in the current legislative concept, which, however, is supposed to be adjusted due to contradictions and inconsistencies discovered in practice."

Organizational guarantees are closely related to the economic guarantees of the administrative and legal status of public associations. The legislation quite consistently differentiates the activities of government bodies and public associations. According to the law on public associations, interference by state authorities and their officials, as well as interference by public associations in the activities of state authorities and their officials, is not permitted, except in cases provided for by law. The state ensures compliance with the rights and legitimate interests of public associations; legislation regulates the provision of tax benefits to public associations.

The law establishes state support for certain types of public associations, which can be expressed in the form of targeted financing of certain socially useful programs of public associations, the provision of grants, government orders, etc.

Thus, the state ensures compliance with the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits to them.

administrative legal charitable religious

1.4 The procedure for creation, reorganization and liquidation of public associations

According to general order, public associations are created on the initiative of at least three individuals, the founders along with individuals may include legal entities - public associations. Decisions on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies are made at a congress or general meeting. From the moment the above decisions are made, the public association is considered created: it carries out its statutory activities, acquires rights (except for the rights of a legal entity) and assumes responsibilities in accordance with current legislation.

The justice authorities that register public associations include them in the unified state register of legal entities, open to the public, and also publish lists of political public associations in the media. The range of grounds on which registration of a public association may be refused is limited by Art. 23 Federal Law “On Public Associations”:

· if the charter of a public association contradicts the Constitution of the Russian Federation, the constitutions (charters) of the constituent entities of the Russian Federation, the provisions of Articles 16, 19, 20, 21 of this Federal Law and laws on certain types of public associations;

· if a complete list of constituent documents is not provided or they are executed in an improper manner;

· if a public association with the same name was previously registered in the territory within which this association operates;

· if the body registering public associations establishes that in those submitted for registration constituent documents contains false information;

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

The legal capacity of a public association as a legal entity arises from the moment of its state registration. A study of the legislation on public associations allows us to conclude that at present the requirements for founders, members and participants of public associations are quite consistently defined, and the procedure for state registration of public associations is quite clearly defined. However, as an analysis of information materials from the Russian Ministry of Justice shows, a number of public associations violate the requirements of the legislation on state registration of legal entities. Violations, as a rule, are expressed in the fact that they do not inform the body that made the decision on state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association. Given the current judicial practice, as well as recommendations of the Ministry of Justice of Russia, if public associations fail to comply with the above requirement, the justice departments of the constituent entities of the Russian Federation prepare appropriate claims for the liquidation of these public associations. Currently, it still remains actual problem the use of state symbols by a number of public associations on seals, letterheads, certificates of their associations, etc.

The procedure for reorganization and liquidation is determined in Art. 25, 26 Federal Law “On Public Associations”. Reorganization of a public association is carried out by decision of the congress (conference) or general meeting, or by judicial procedure. State registration of a newly formed public association after reorganization is carried out in the manner established by Article 21 of this Federal Law. The property of a public association, which is a legal entity, passes after its reorganization to newly established legal entities in the manner prescribed by the Civil Code of the Russian Federation. And the property remaining as a result of the liquidation of a public association, after satisfying the creditors’ claims, is directed to the purposes provided for by the charter of the public association, or, if there are no relevant sections in the charter of the public association, to the purposes determined by the decision of the congress (conference) or general meeting on the liquidation of the public association , and in controversial cases - by a court decision. The decision on the use of the remaining property is published by the liquidation commission in the press. Thus, the reorganization of a public association is carried out by decision of the congress or general meeting. Events recent years clearly demonstrated the need to create an administrative and legal mechanism for a more stringent and prompt suppression of any forms of extremist activity on the part of public associations. The Constitution of Russia, the Federal Law of July 25, 2002 “On Combating Extremist Activities”, the Code of Administrative Offenses of the Russian Federation and a number of other regulatory legal acts are aimed at preventing and suppressing extremist activities, however, as practice shows, the implementation of Art. 20.3 of the Code of Administrative Offenses of the Russian Federation is complicated by the fact that the disposition of this article is of an uncertain nature. In this regard, it would be quite appropriate if the Supreme Court of the Russian Federation gave an official clarification on the procedure for applying the law on countering extremist activities and the relevant articles of the Code of Administrative Offenses of the Russian Federation.

Also, a public association can be liquidated by decision of the congress (conference), as well as by a court decision in the event of a gross violation by the public association of the rights and freedoms of man and citizen, as well as repeated and gross violation of the Constitution and legislation of the Russian Federation. Liquidation of a public association by a court decision means a ban on its activities. The decision to liquidate a public association that is a legal entity is sent to the body that registered the public association in order to exclude the said association from the unified state register of legal entities.

5 Public control of the activities of public associations

The state almost never lost its influence on public associations. In various historical periods the scope of such influence was different. Control over the activities of public associations is carried out by various government bodies. Each government body has its own competence in the area of ​​public administration under study. Control (supervision) is one of the objectively necessary phenomena of social life and is one of the ways to ensure law and order. Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation. The powers of the prosecutor's office in the sphere of supervision over the activities of public associations are enshrined not only in the legislation on public associations, but also in the Law of the Russian Federation "On the Prosecutor's Office".

Thus, the Law “On the Prosecutor's Office” provides the prosecutor's office with broad powers, which they exercise in various areas of government, including during the supervision of the activities of public associations by the prosecutor's office. The prosecutor has the right to lodge a protest against a legal act that contradicts the law, make a motion to eliminate violations of the law, decide to initiate proceedings in cases of administrative offenses, and also issue a warning about the inadmissibility of violations of the law. The Law on Public Associations gives prosecutors additional powers to supervise their activities. The prosecutor's office, along with the justice authorities, can send applications to the court to suspend the activities of public associations. In this case, the rights of the public association as the founder of the mass media are suspended, such a public association is prohibited from organizing meetings, rallies, demonstrations and other mass events, taking part in elections, using bank deposits, with the exception of settlements for economic activities and employment contracts, compensation for losses, caused by his actions, as well as fines.

The main subject of control over the activities of public associations is the Ministry of Justice of Russia. This conclusion follows from an analysis of the legislation on public associations, as well as from an analysis of the regulations on the Ministry of Justice of Russia. Despite the changes that have occurred in the system and structure of federal executive authorities, the control function is still a vital component of the work of the Ministry of Justice of the Russian Federation. Control by the Russian Ministry of Justice over the activities of public associations begins already in the process of registration of public associations. In addition, control over the activities of public associations is carried out during visits by representatives of the Ministry of Justice to activities carried out by public associations mass events. One of the effective forms of control over the activities of public associations is the obligation of public associations to annually inform the body making the decision on the registration of public associations about the continuation of their activities, indicating the actual location of the permanent body, its name and information about the leaders of the public association in the amount of information included into the unified state register of legal entities.

In addition to the bodies of the Ministry of Justice of Russia, control over the activities of public associations is carried out by financial bodies, bodies exercising environmental, fire and sanitary-epidemiological control (supervision), etc.

Chapter 2. Study of the administrative and legal status of some public associations

1 Administrative and legal status of charitable organizations

The Law on Public Associations stipulates that the activities of certain types of public associations can be regulated in special laws. The first among them was the Federal Law of August 11, 1995 “On Charitable Activities and Charitable Organizations.” According to this Law, a charitable organization must comply with all the basic characteristics of a public association defined by the Law on Public Associations. Created to implement socially-priority goals, a non-profit charitable organization must have the most important property: its activities must be disinterested in nature - free of charge or on preferential terms. Preferential conditions mean providing philanthropists with certain benefits and advantages (primarily of a material nature) that stimulate this type of socially-priority activity. However, state guarantees - the provision of tax and property benefits - apply only to charitable organizations, but not to legal entities and individuals who are sponsors of charitable organizations (Article 18 of the Law on Charitable Organizations).

Charitable organizations, like all other public associations, do not have the right to redistribute funds received as a result of business activities among their members or participants. In accordance with the article of the Law on Charitable Activities, a charitable organization does not have the right to use more than 20% of the financial resources spent during the financial year to pay administrative and managerial personnel. Thus, such a form of illegal redistribution of funds is impossible among members or participants of charitable organizations.

The Law on Charitable Activities, as well as the Law on Non-Profit Organizations, does not specify the state registration body of charitable organizations. This procedure must be carried out “in the manner established by federal laws.” Administrative-legal relations arise in the process of providing various benefits and advantages to charitable organizations by executive authorities, for example, the transfer of state property into ownership. The Law on a Charitable Organization regulates the forms of control in more detail: the government body that registers a charitable organization has the right to control its financial and economic activities “in the use of property and expenditure of funds.” This means that all information confirming the legal obligations of the organization with any legal entities and individuals can be controlled. In addition to active forms of control carried out by officials of the registration authority directly on site, passive forms are also provided: a charitable organization, by submitting an annual report on its activities to the registration or tax authority, also initiates the emergence of administrative-legal relations. In addition to the control of the registration authority over the financial and economic activities of charitable organizations, an important place is given to the control of tax authorities, which control the sources of income of organizations, the amount of funds they receive and the payment of taxes. In this case, the control activities of registration and tax authorities are largely identical: its object is the same information about the social and legal relations of charitable organizations. It is obvious that all types financial control must be carried out by the tax authorities.

Thus, there are obvious differences in the legal regulation of the activities of public associations in the basic Law on Public Associations and in the laws adopted later on certain types of public associations. The status of certain types of legal entities, for example, production cooperatives, is very similar to the legal status of public associations. However this form joint activities of citizens has the main goal of making a profit, which is completely unacceptable for the status of non-profit associations. Of course, special laws can be adopted on certain types of associations, but their compliance with the requirements of the basic Law on Public Associations is mandatory. However, in fact this principle is not always observed.

2.2 Administrative and legal status of religious public associations

In accordance with the provisions of the Constitution of the Russian Federation and the Law of the Russian Federation of September 26, 1997 “On Freedom of Conscience and Religious Associations”13, every citizen has the right to freedom of conscience and freedom of religion. A religious association in the Russian Federation is recognized as a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of jointly professing and spreading the faith, and also having the following characteristics corresponding to this purpose:

· belief in a particular religion;

· performing divine services and other religious rites and ceremonies;

· teaching religion and religious education of its followers.

Religious associations can be created in the form of religious groups and religious organizations. However, the creation of religious associations in government bodies, other government bodies, government agencies and municipal organizations is prohibited. A religious group is a voluntary association of citizens formed for the purpose of jointly professing and spreading faith, carrying out activities without state registration and without acquiring the legal capacity of a legal entity. A religious organization operates on the basis of a charter, which is approved by its founders or a centralized religious organization and must meet the requirements of the civil legislation of the Russian Federation. Religious associations are separated from the state. The state, its bodies and officials have no right to interfere:

· in determining by a citizen his attitude to religion and religious affiliation;

· in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child’s right to freedom of conscience and freedom of religion.

The state does not assign to religious associations the performance of functions of state authorities, other state bodies, government agencies and local governments and does not interfere with the activities of religious associations unless it contradicts the law.

A religious association is created and carries out its activities in accordance with its own hierarchical and institutional structure. Selects, appoints and replaces its personnel according to its own regulations, does not perform the functions of state authorities, other state bodies, state institutions and local governments. Also, a religious association does not participate in elections to state authorities and local governments, does not participate in the activities of political parties and political movements, and does not provide them with material or other assistance.

Religious associations have the right:

· establish and maintain religious buildings and structures, other places and objects specifically intended for worship, prayer and religious meetings, religious veneration (pilgrimage);

· conduct religious ceremonies in medical and preventive institutions and hospitals, orphanages, boarding homes for the elderly and disabled, in institutions executing criminal penalties in the form of imprisonment;

· produce, acquire, export, import and distribute religious literature, printed, audio and video materials and other religious items;

· enjoy the exclusive right to establish organizations that publish liturgical literature and produce religious objects;

· carry out charitable activities, both directly and through the establishment of charitable organizations;

· create cultural and educational organizations, educational and other institutions, as well as establish mass media;

· install and maintain international connections and contacts;

· religious associations have the right of ownership of property, and they also have the right to carry out entrepreneurial activities and create their own enterprises.

Supervision over the implementation of legislation on freedom of conscience, freedom of religion and religious associations is carried out by the prosecutor's office. The body that registered a religious organization monitors its compliance with the charter regarding the goals and procedure of its activities. Persons guilty of violating legislation on freedom of conscience may be subject to violations of legislation on freedom of religion and religious associations, which entails criminal, administrative and other liability in accordance with the law.

Thus, the following social relations in the sphere of religious activities are regulated by the norms of administrative law:

When determining the status of a religious organization as a legal entity. A necessary condition for the civil and administrative legal capacity of a religious association is state registration, and in some cases, granting the organization the powers of a licensee;

In the process of liquidating a religious association, banning its activities or monitoring it. As a special type of control function, one can consider the obligation of a registered (centralized or local) religious association to annually submit information about the continuation of its activities to the justice authority;

When vesting religious organizations with ownership rights to religious buildings and structures;

When a clergyman exercises secular rights and duties, especially military duty. The head of state is given the right to grant clergy a deferment from conscription for military service and exemption from military training in peacetime;

When performing religious rites and ceremonies. It's about on the procedure for carrying out ritual activities in penitentiary institutions, the Armed Forces of the Russian Federation and departmental military formations.

Executive authorities monitor compliance federal legislation internal regulations of religious organizations, primarily charters. The executive branch also interacts with religious associations when determining the status of religious education institutions. Religious education or its basics can be obtained not only in institutions of denominational education, but also in state or municipal educational institutions.

Conclusion

Considering public associations as one of the subjects of administrative law, it should be emphasized that this is one of the fundamental constitutional and legal institutions. The rules on public associations are contained in parts 4 and 5 of Art. 13; Part 2 Art. 19; Part 1 Art. thirty; Part 2 Art. 46 of the Constitution of the Russian Federation. These articles give general characteristics public associations as a subject Russian law. A more detailed description of public associations as a subject of administrative law is contained in the Federal Law of May 19, 1995 “On Public Associations,” which is the basic law regulating the organization, status and activities of public associations; as well as in other federal laws, regulations, as well as charters of unions, associations and other associations of citizens. The current legislation of the Russian Federation regulates the activities of the public association system. It consolidates the status of unions of public associations and entities included in their systems. “The new legislation of the Russian Federation on public associations needs a clearer delineation of the functions of associations and state bodies.” The basic principles of their relationship are regulated by the currently valid Law on Public Associations.

It should be noted that the differences between the types of public associations are of a formal nature, which confirms the absence of any indications about the status of structural units. Although the Law provides for four types of such divisions, it does not determine the differences in the legal status of the organization, branch, branch and representative office. The solution to this problem is of the greatest practical importance, since the fact of state registration of the association with the justice authorities depends on the presence of divisions on the territory of Russia.

There are obvious contradictions between the basic Law on Public Associations and the laws on individual public associations, as well as the contradictions between the regulatory legal acts of the constituent entities of the federation, issued on issues of joint jurisdiction with the central government, and federal laws.

List of used literature:

1.Administrative Law: Textbook (2nd edition, revised and expanded) ed. L.L. Popova, M.: Yurist, 2005. p. 37-42.

Bakhrakh D.N. Administrative law of Russia: Textbook for universities. M.: Norma - Infra. - 2003. p. 53-59.

Gutnikov O.V. Property rights of non-profit organizations // Property rights: current problems. - M.: Norma, 2008. p. 102.

Ivakin A.A. Characteristics of the content of the administrative and legal status of public associations // Modern law. - 2006. - No. 12.

Ivanova M.I. The constitutional principle of equality of public associations before the law in the Russian Federation // Constitutional and municipal law. - 2010 - No. 2.

Ivanova M.I. Features of the legal status of public associations // Political and legal priorities of the socio-economic development of Russia: materials of the international scientific and practical conference. Saratov: Scientific Book Publishing House, 2009. p. 43-95.

Isaev I.A. History of the State and Law of Russia. - M.: Progress.-2006. p.47-49.

Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on October 2, 2012)." Russian newspaper", No. 256, 12/31/2001, "Parliamentary newspaper", No. 2-5, 01/05/2002, "Collection of legislation of the Russian Federation", 01/07/2002, No. 1 (part 1), art. 1.

Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ) // Russian newspaper, No. 7, 01/21/2009.

Kozlova Yu.M., Popova L.L. Administrative law. Textbook - Moscow. Lawyer. 2002. p. 80-84.

Kubankina E.I., Pavlenko V.V. Administrative law: Tutorial- M.: Publishing and Trade Corporation, 2006. p.112.

Melnik T.E. Suspension and prohibition of the activities of public associations: directions for improvement // "Journal of Russian Law" - 2003 - No. 4.

Ovsyanko D.M. Administrative law: Textbook. - Ed. 3rd, revised and additional - M.: Yurist, 2002. p.98-108.

Semina O.V. Legal regulation activities of public associations in the Russian Federation // Law and State: Theory and Practice - 2007 - No. 2.

Soboleva Yu.V. Administrative and legal status of public associations: concept and structure // Citizen and Law. - 2008. - No. 6.

Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activity” // Collection of Legislation of the Russian Federation. 1996. No. 3.

Federal Law No. 125-FZ of September 26, 1997 “On freedom of conscience and religious associations” // Collection of Legislation of the Russian Federation. 1997. No. 39. Art. 4465

Federal Law No. 82-FZ of May 19, 1995 “On Public Associations” // Collection of Legislation of the Russian Federation. 1995. No. 21. Art. 1930.

Federal Law of 08/11/1995 No. 135-FZ “On Charitable Activities and Charitable Organizations” (as amended on 12/23/2010) // Collection of Legislation of the Russian Federation, 08/14/1995, No. 33.

Cheremnykh G.S. Public associations: regulation of activities // Russian justice. - 1996, - No. 4.

Similar works to - Administrative and legal status of public associations

The Constitution of the Russian Federation establishes the right of citizens to public associations. The Federal Law “On Public Associations” provides for basic state guarantees, the status of public associations, the procedure for their creation, activities, reorganization and liquidation. The activities of public associations are also regulated by other laws and legal acts.

The Federal Law “On Public Associations” applies to all public associations that are created on the initiative of citizens. The exception is religious organizations, non-profit organizations and associations, as well as branches and representative offices of foreign non-profit non-governmental associations created on the territory of the Russian Federation.

Note 1

A public association is a non-profit, self-governing formation that is created on the initiative of citizens united on the basis of common interests to realize their goals. These goals are indicated in the charter of the public association, contributing to the realization of the rights and legitimate interests of citizens. Voluntariness is the main condition for the creation and operation of a public association.

Public associations, being subjects of administrative law, have the following characteristics:

• sign of voluntary association;
• the charter or regulations governing the legal status of the organization;
• organizational property isolation;
• presence of self-government bodies;
• material participation of members of the organization in the creation of the material base;
• stable composition with the possibility of updating.

Citizens have the right to unite in political parties, trade unions, charities and other organizations. The activities of such associations are regulated not only by the mentioned Law, but also by special federal legislation.

As mentioned above, voluntary formation is the most important feature of a public association. At the same time, citizens have the right to create public associations of their choice without prior permission from executive authorities and local governments.

Public associations that are created by citizens can either register in the prescribed manner with the acquisition of the rights of a legal entity, or function without state registration, without acquiring the rights of a legal entity.

Members of a public association may include individuals and legal entities - public associations that are interested in jointly solving the problems of this association.

To take into account the number of members of a public association and ensure their equality, individual applications for each member of the association are drawn up.

Forms and types of public associations

Public associations are created in one of the following organizational and legal forms (Fig. 1):

• public organization;
• social movement;
• public fund;
• public institution;
• public initiative body;
• Political Party.

Note 2

It is worth saying that only public and political organizations are based on membership; all other organizational and legal forms of public associations do not have membership.

A community organization is a membership-based public association. A public organization is created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens. Unless otherwise established by law, members of a public organization are individuals and legal entities.

A social movement is a mass public association that does not have a membership, consists of its participants and pursues social, political and other socially useful goals.

A public foundation is a type of non-profit association that does not have a membership. Its goal is to form property on the basis of voluntary contributions and other receipts that are not prohibited by law, and to use this property to achieve socially beneficial goals.

A public institution is a public organization that has no membership. The purpose of a public institution is to provide a specific type of service that would meet the interests of the participants and the corresponding goals of this association.

A public initiative body is a public association that does not have a membership and is created for the purpose of jointly solving various social problems faced by citizens at their place of residence, work or study. Also, the work of the public amateur body is aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and the implementation of programs of the public amateur body at the place of its creation.

A political party is a public association that is created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in elections and referendums, as well as to represent the interests of citizens in government bodies and local self-government.

Figure 1. Organizational and legal forms of public associations. Author24 - online exchange of student work

The main types of public associations are:

• public associations in areas of commercial activity;
• unions;
• creative, scientific, cultural public associations;
• physical education and sports public associations;
• social protection associations;
• international organizations.

Taking into account the territories in which public associations operate, all-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

The activities of the all-Russian public association are carried out in the territories of more than half of the constituent entities of the Russian Federation, locating their structural units there - representative offices, branches and branches.

The interregional public association operates on the territory of less than half of the constituent entities of the Russian Federation, having its own structural divisions there. The activities of a regional structural unit occur within the territory of one specific subject of the Federation. A local public association operates within the territory of a local government body.

Administrative and legal status of public associations

The administrative legal personality of public associations consists of a set of rights and responsibilities that belong to them, implemented in relationships with citizens, executive authorities and local governments, as well as state and non-state institutions, enterprises and organizations.

The administrative legal personality of public associations determines the types of administrative legal relations of which they are subjects.

Various public associations have certain differences in their administrative and legal status, but still their statuses have many common features. This is explained by the fact that all public associations:

• are formed by individuals and legal entities in accordance with the principle of voluntariness;
• do not have government powers;
• are not subjects of lawmaking;
• act on their own behalf;
• are not commercial organizations, i.e. the purpose of their activities is not to make a profit.

Note 3

An important point, which determines the status of public associations, is the fact that the state does not manage their activities. State authorities and their officials do not have the right to interfere in the activities of public associations, and the associations themselves should not interfere in the activities of government bodies. Exceptions are made in cases provided for by law.

At the same time, the state has established requirements for the content of the charters of public associations. At the request of associations, the state can register them, giving them the rights of a legal entity, ensuring compliance with their rights and interests, supporting their activities and providing tax and other types of benefits.

The responsibilities of public associations include compliance with the legislation of the Russian Federation, norms and principles of international law, annual publication of a report on the use of their property, informing the body that registered the association about the continuation of its activities, admitting representatives of this body to events held by the association, providing them with assistance in becoming familiar with activities of this association, etc.

Public associations have the right to:

• free dissemination of information about its activities;
• participation in the development of decisions of state authorities and local self-government;
• holding meetings, rallies, demonstrations, processions and pickets;
• publishing and media establishment;
• representation and protection of one’s rights and legitimate interests in state authorities and local self-government;
• exercise of powers in accordance with the legislation on public associations;
• making proposals to government bodies on various issues;
• participation in election campaigns.

Public associations are allowed to engage entrepreneurial activity, if it contributes to the achievement of its goals and complies with the charter of the association.

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