Indigenous community companies. Communities of Indigenous Peoples of the Russian Federation
AT GC amendments have been made, in accordance with which a new type of non-profit organizations - the community of indigenous peoples of the Russian Federation - has received legislative consolidation.
Art. 69 The Constitution of the Russian Federation established that the Russian Federation guarantees the rights of indigenous peoples in accordance with the generally recognized principles and norms of international law and international agreements.
For the first time, such a variety of non-profit organizations was mentioned in the Law on Non-Profit Organizations. Yes, in paragraph 4 of Art. 6.1 The Law on Non-Commercial Organizations states that the specifics of the legal status of communities of minorities, their creation, reorganization and liquidation, management of communities of minorities are determined by the legislation of the Russian Federation on communities of minorities.
In the development of these provisions Constitution RF and law The following legal acts have been adopted on non-profit organizations: the federal law dated April 30, 1999 N 82-FZ "On guarantees of the rights of indigenous peoples of the Russian Federation", the federal law dated July 20, 2000 N 104-FZ "On the general principles of organizing communities of indigenous peoples of the North, Siberia and Far East Russian Federation", the federal law dated May 7, 2001 N 49-FZ "On the territories of traditional nature management of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation". At the same time, it is fundamental the federal law dated April 30, 1999 N 82-FZ, which sets out the guarantees of the rights of indigenous peoples in the most complete way.
The need for special legal status for the indigenous peoples of the Russian Federation is primarily due to the fact that such peoples, in addition to being small, live in extreme climatic conditions that have a negative impact on the human body. Labor activity of these peoples in the traditional and practically the only possible areas of economic activity for them is significantly and constantly hampered by the reduction of those that are at their disposal and are the source of their existence natural resources. The impact of such negative factors can lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing for additional measures of their legal protection.
According to Art. 123.16 The Civil Code of Indigenous Peoples of the Russian Federation recognizes voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial-neighborhood in order to protect the original habitat, preserve and develop traditional ways of life, management, crafts and culture .
The founders of communities of small peoples can only be persons belonging to small peoples who have reached the age of 18 years. The number of founders cannot be less than three.
Foreign citizens and stateless persons cannot be founders of communities of small peoples.
Legal entities cannot be founders.
Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, their officials cannot be founders of communities of small peoples.
Members of a community of indigenous peoples of the Russian Federation have the right to receive part of its property or compensation for the value of such a part upon leaving the community or its liquidation in the manner prescribed by law.
A community of indigenous peoples of the Russian Federation, by decision of its members, may be transformed into an association (union) or an autonomous non-profit organization.
In turn, the definition of indigenous peoples is given in Art. one Federal Law of April 30, 1999 N 82-FZ "On Guarantees of the Rights of Indigenous Peoples of the Russian Federation", according to which the indigenous peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, economic activity and crafts, numbering less than 50 thousand people in the Russian Federation and realizing themselves as independent ethnic communities.
The Unified List of Indigenous Peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of the state authorities of the constituent entities of the Russian Federation in whose territories these peoples live ( Decree Government of the Russian Federation of March 24, 2000 N 255 established such Scroll).
Members of the community have the right to receive a part of its property or compensation for the value of such a part when they leave the community of small peoples or when it is liquidated. The procedure for determining a part of the property of a community of small peoples or compensation for the cost is established by law.
Communities of the indigenous peoples of the Russian Federation recognize forms of self-organization of persons belonging to the indigenous peoples of the Russian Federation and united by consanguinity (family, clan) and (or) territorial-neighborly principles, in order to protect their original habitat, preserve and develop traditional ways of life , management, crafts and culture.
Indigenous peoples of the North, Siberia and the Far East of the Russian Federation are peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving the traditional way of life, economic management and crafts, numbering less than 50 thousand people and recognizing themselves as independent ethnic communities;
Communities of small-numbered peoples are forms of self-organization of persons belonging to small-numbered peoples and united by consanguinity (family, clan) and (or) territorial-neighborly characteristics, created in order to protect their original habitat, preserve and develop traditional ways of life, management, crafts and culture.
Communities of small peoples are of two types:
- 1. family (tribal) communities of small peoples are forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts;
- 2. territorial-neighboring communities of small peoples are forms of self-organization of persons belonging to small peoples, permanently residing in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts.
At least 3 citizens of the Russian Federation who belong to small peoples and have reached the age of 18 can act as founders of communities of small peoples. Legal entities cannot be founders. Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, their officials cannot be founders of communities of small peoples.
The constituent documents of the community of small peoples are the founding agreement and the charter.
The created community of small peoples is subject to mandatory state registration. After state registration, the community of small peoples acquires the rights legal entity.
Membership in a community of small peoples can be collective (membership of families (kinds)) and individual (membership of persons belonging to small peoples).
The supreme governing body of the community of small peoples is the general meeting (gathering) of members of the community of small peoples. The general meeting (gathering) of members of the community of small peoples is convened as necessary, the frequency of its holding is determined by the charter.
The management body of the community of small peoples is the board (council) of the community of small peoples. The board (council) of the community of small peoples is elected as part of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) of members of the community of small peoples by a simple majority of votes.
In the property of a community of small peoples may be:
- 1. property transferred by members of the community as a contribution (contribution) in the organization of the community;
- 2. financial resources belonging to the community (own and borrowed);
- 3. voluntary donations of individuals and legal entities, including foreign ones;
- 4. other property acquired or received by the community in accordance with the legislation of the Russian Federation.
Communities of small peoples, with the consent of the members of the community, have the right to sell the products of labor produced by its members.
It's no secret that Russia is a multinational state with more than 100 nationalities. Each nation has its own traditions and culture, which are protected at the state level.
However, some peoples are so small that their very existence is threatened. And therefore the state introduces various mechanisms that help to preserve the authenticity of small peoples.
The concept of the community of indigenous peoples of the Russian Federation
One of the duties of the state is to protect all citizens who live on its territory. Considering the fact that in Russia there is great amount nationalities with a variety of cultural and linguistic traditions, the state protects the authenticity of the peoples of Russia and contributes to the development of their self-consciousness.
As statistics show, about 40 nationalities live in Russia, the number of which hardly exceeds 30 thousand people. The protection of such small peoples is a major milestone public policy. That is why in 1990 the public organization "Association of Indigenous Peoples of the Russian Federation" was organized.
The concept of a community of indigenous peoples of the Russian Federation is often mentioned in regulatory documents.
In fact, these are non-profit public organizations that deal with the observance of human rights and are official representatives small nations that live in our country.
Thanks to this structure, indigenous peoples have the opportunity to adhere to their traditional way of life, in every possible way to develop and increase their cultural characteristics.
Territorially small indigenous peoples are concentrated in the northern part of the country, Siberia and the Far East. After in Soviet years the number of indigenous peoples declined sharply, the state took up their protection.
Most of the representatives of these nationalities live within the boundaries of compact settlements and are engaged in traditional crafts.
Article 69 of the Constitution of the Russian Federation provides that the rights of indigenous peoples with a small number of representatives are observed in full. Many issues are devoted to the protection of small nationalities. regulations which regulate the policy of the state towards citizens.
Indigenous communities are social structures that do not aim at making a profit, and exist on charitable contributions, voluntary donations from citizens and government financial support.
Signs and types of the community of indigenous peoples of the Russian Federation
The indigenous peoples of Russia are classified depending on the language group, and the number of representatives.
In general, among the indigenous peoples, the following main groups are distinguished:
- Peoples of Northern Russia;
- Far Eastern peoples;
- Altai peoples;
- West and East Siberian authentic communities.
Indigenous peoples live in their traditional places of congregation. The state guarantees them a certain degree of autonomy and the ability to maintain the foundations of life that are special to them. In addition, small nationalities are engaged in traditional activities (fishing, animal husbandry, agriculture).
In accordance with the current legislative regulations, all ethnic groups, the number of representatives of which does not exceed 40 thousand people, are classified as indigenous peoples. At the same time, it should be noted that the indigenous peoples are unevenly distributed over the territory of Siberia and the Far East.
Territory and original habitat, places of traditional residence and economic activity of small peoples
The territories where small nationalities are traditionally settled are officially approved by the Government of Russia. At the same time, the state guarantees that the indigenous representatives of small nations will have the full opportunity to lead a cultural life and engage in those activities that are considered traditional for them.
In particular, the list of traditional occupations for small peoples includes:
- Nomadic livestock breeding (breeding of deer, yaks and horses) and processing of livestock products;
- Hunting for fur-bearing animals and making fur products;
- Crop production, in particular agriculture, cultivation of agricultural crops, medicinal plants and berries;
- Gathering (harvesting, processing and sale of products of forest origin);
- Folk crafts and arts and crafts (embroidery, weaving from herbs and leather, processing of fur, bones and other materials).
As statistics show, a significant majority of the indigenous population of Siberia and the Far East traditionally settle in those places where their ancestors previously lived. Therefore, on the map of the country you can find entire settlements in which the vast majority of the population belongs to indigenous peoples.
Establishment of a community of indigenous peoples of the Russian Federation
In accordance with the current legislation, a community that unites small nations and sets itself the goal of protecting their authenticity should be a public structure for non-commercial purposes.
It is worth noting that anyone can establish such a structure, however, with some exceptions:
- Citizens of foreign states and stateless persons;
- Legal entities;
- State and municipal authorities.
In addition, foreign commercial and non-profit organizations but they can still finance the community through voluntary contributions and donations.
The created community must be registered with the state authorities without fail.
It is worth noting that in order for the registration process to go smoothly, the following rules must be observed:
- The number of community members must be more than 2 people;
- All members of the organization must sign the statutory documentation;
- The community must have an official name, indicating the location and the main type of management.
Property of the community of indigenous peoples of the Russian Federation
Considering the fact that a community uniting indigenous peoples cannot be a commercial structure, all of its property consists of charitable contributions, donations and other financial assistance.
The state determines that when registering a community, all its members must form a charter that will indicate what property they contribute as their entrance fees. Property can be both in monetary terms and in kind (real estate, transport, furniture and interior items, etc.).
By law, all property belongs to the community itself.
However, if a situation arises when one of the members of the organization decides to leave its ranks, his share, which was paid by him as an entrance fee, will be returned to him in full in monetary terms or in kind.
It is worth noting that despite the fact that the community of minorities is not a commercial structure, it can contribute to the sale of goods produced by indigenous peoples.
The profit received will be distributed among the members of the community, or transferred to the authorized capital of the organization with the appropriate division into shares.
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How long will it take to register TSCMNS?
How long will it take to register the MOSCMNS and is it possible to become a chairman at the age of 17, if you can join from 16?
Danila 21.05.2019 15:20
Hello! According to Art. 26 of the Civil Code of the Russian Federation nminors aged fourteen to eighteen years have the right independently, without the consent of their parents, adoptive parents and guardian:dispose of their earnings, scholarships and other income;exercise the rights of the author of a work of science, literature or art, an invention or other legally protected result of his intellectual activity;in accordance with the law, make deposits to credit organizations and dispose of them;make petty household transactions and other transactions provided for by paragraph 2 of Article 28 of this Code. That is, a minor cannot become chairman, for this you need to be declared fully capable.
Pchelintseva Marina Vladimirovna 19.06.2019 16:20
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Yes that's right.
Kolpakova Galina Yurievna 20.06.2019 12:30
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How to register a community of small peoples of the Russian Federation?
how to write an application for opening a non-profit organization of small peoples
Anatoly 24.12.2018 12:39
Good afternoon!
In accordance with Art. 6.1 of the Federal Law of January 12, 1996 No. 7-FZ, communities of indigenous peoples of the Russian Federation (hereinafter referred to as the community of indigenous peoples) recognize forms of self-organization of persons belonging to indigenous peoples of the Russian Federation and united by consanguinity (family, clan) and (or) territorial neighborly principles, in order to protect their original habitat, preserve and develop traditional lifestyles, economic activities, crafts and culture.
According to Art. 8 of the Federal Law of July 20, 2000 No. 104-FZ, communities of small peoples are organized on a voluntary basis at the initiative of persons belonging to small peoples who have reached the age of 18 years. The will to join the community of small peoples must be expressed in the form of a written statement or in the form of an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).
Sample documents for registration of non-profit organizations can be found at this link: https://minjust.ru/ru/obrazcy-zapolneniya-dokumentov
26.12.2018 10:22
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If necessary, the “Legal Group of the Free Legal Advice Service” will draw up all documents, complaints and statements for you. Our address: Moscow, Staropimenovskiy pereulok, 18..html Our contacts: website/kontakty.html
Fedorova Lyubov Petrovna 27.12.2018 08:23
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non-profit organizations, Communities kmn rf
The purpose of the activities of the communities of kmn of the Russian Federation, enshrined in law? Responsibility of the Communities of kmn of the Russian Federation, enshrined in law?
Tamerlane 12.11.2018 21:17
Hello! These issues are regulated by the Federal Law "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." We invite you to the office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - "Free Legal Advice Service".
Alexandrov Alexander Mikhailovich 13.11.2018 11:11
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Yes that's right.
Saybotalov Vadim Vladimirovich 14.11.2018 15:00
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limitations
what could be the disadvantages of a non-profit organization in the form of communities of indigenous peoples?
Anastasia 13.10.2018 16:08
Good afternoon! According to Article 6 of the Federal Law "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation", the organization and activities of communities of small peoples for other purposes, except for the purposes indicated by this Federal Law, the laws of the constituent entities of the Russian Federation, the constituent documents of the relevant minority communities. The advantages include Art. 8 of the Federal Law, state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, their officials are not entitled to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, with the exception of cases provided for by federal legislation and the legislation of the constituent entities of the Russian Federation. Federation. Actions of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, their officials, violating the independence of communities of small peoples, unions (associations) of communities of small peoples, may be appealed in the manner prescribed by federal law. Also, according to Article 13 of the Federal Law, members of the community of small peoples are liable for the obligations of the community of small peoples within their share of the property of the community of small peoples. We invite you to the office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - "Free Legal Advice Service".
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Yurenev Vitaly Anatolievich 13.10.2018 21:43
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Yes that's right.
Valuev Igor Vladimirovich 14.10.2018 14:22
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Application for membership in the community of small indigenous peoples
How to write an application for joining the territorial-neighboring community of indigenous peoples of the Far East?
Xenia 13.08.2018 17:32
Hello! An application for joining the community of indigenous peoples is written in free form. You can write something like this: Please accept in territorial-neighboring community of indigenous peoples of the Far East full name, according to paragraph 1 of Art. eight Federal Law No. 104-FZ of July 20, 2000 (as amended on June 27, 2018) "On the General Principles of Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation". Number, signature.
Fedorova Lyubov Petrovna 14.09.2018 21:50
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Galina 11/20/2018 05:24
The law says that the community is subject to mandatory registration. Is it possible to apply to the local government of the local settlement?
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Dubrovina Svetlana Borisovna 20.11.2018 07:57
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Yes, that's right, I agree with my colleague
Dubrovina Svetlana Borisovna 15.09.2018 08:30
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Constituent documents of communities of indigenous peoples
(examples of legal documents)
Moscow
Constituent documents of communities of indigenous peoples (examples of legal documents)- M .: MGUP Publishing House, 2003
The publication contains samples of legal documents necessary for the creation of communities of indigenous peoples. The publication can be recommended to representatives of indigenous peoples, their activists and public associations
In the manual "Community - the path to unification and revival" we gave practical advice to create communities of indigenous peoples of the North, Siberia and the Far East. To simplify the process of paperwork and registration of the community, we give exemplary examples of constituent documents that can be used when creating communities.
Project
PROTOCOL
constituent assembly communities
indigenous people ____________
The constituent assembly of the community was held on "___" _________ 200___ at the address: _
In attendance: __
__________________________________
(last name, first name, patronymic in full)
__________________________________
(last name, first name, patronymic in full)
__________________________________
(last name, first name, patronymic in full)
__________________________________
(last name, first name, patronymic in full)
Meeting agenda:
1. On the creation of the Community __________________.
3. On the approval of the Charter.
5. Formation of control bodies of the community
_________________ (Full Name) was elected Chairman of the General Meeting, _____________________ (Full Name) as Secretary.
_____________________________________________
)
"against" no
"abstained" no
RESOLVED:
Create a non-profit organization ________________________________ _____________
.
On the second question agenda was addressed by ________________________________ (full name),
who proposed to conclude a constituent agreement on the creation of the Community.
"per"
(signatures) (decryption of signatures)
(if attending the meeting a large number of people - indicate the number of votes "for" and "against", or "unanimously")
"against" no
"abstained" no
RESOLVED:
Conclude a constituent agreement on the creation of the community.
On the third question agenda was made by ________________________________ (full name), who proposed to approve the charter of the community.
"per" __________________ _______________________
__________________ _______________________
(signature) (signature transcript)
(if a large number of people take part in the meeting - indicate the number of votes or "unanimously")
"against" no
"abstained" no
RESOLVED:
Approve the Charter of the community.
For the fourth question ______________________________ (full name) spoke on the agenda, who proposed to elect the community as part of ________________________________________ to the Board, to elect _________________________________________________ as the Chairman of the Board.
"per" __________________ _______________________
(signatures) (decryption of signatures)
(if a large number of people take part in the meeting - indicate the number of votes “for” and “against”, or “unanimously”)
"against" no
"abstained" no
On the fifth question agenda was made by ________________________________ (full name), who proposed to elect the Audit Commission of the Community as part of ____________________________________________.
"per" __________________ _______________________
(signatures) (decryption of signatures)
(if a large number of people take part in the meeting - indicate the number of votes “for” and “against”, or “unanimously”)
"against" no
"abstained" no
Chairman of meeting __________________ _______________________
(signature) (signature transcript)
Meeting Secretary __________________ _______________________
(signature) (signature transcript)
Project
MEMORANDUM OF ASSOCIATION
about the creation of a non-profit organization
_____________________________________________
(indicate the form: family (clan) or territorial-neighborly, the name of the indigenous peoples and communities)
______________ "__" ________ 200__
1. THE SUBJECT OF THE AGREEMENT
1.1. We, the founders of the community:
(last name, first name, patronymic in full)
(last name, first name, patronymic in full)
(last name, first name, patronymic in full)
4.3. The community carries out other types of activities that are not prohibited by the current legislation of the Russian Federation and do not contradict the Charter of the Community.
5. MEMBERSHIP
5.1. Membership in the Community can be collective (membership of families (kinds) and individual (membership of persons belonging to the people of ___________ (specify which one).
5.2. Community members have the right to withdraw from it. In case of leaving the community, a member of the Community and members of his family are given a share of the property of the community.
5.3. The rights and obligations of members of the Community, the procedure and conditions for joining the Community and leaving it are determined by the charter of the Community.
If during the organization of the Community, the founders transfer property as a contribution (contribution), it is necessary to reflect this in this agreement.
6. ORDER OF COMMUNITY MANAGEMENT
6.1. The procedure for managing the Community, the structure of the governing bodies, the procedure for creating control bodies, as well as the competence of the governing bodies and control bodies are determined by the Charter of the Community.
6.2. The founders (members) of the Community participate in the management of the Community in the manner determined by the charter and current legislation.
7. RESOLUTION OF DISPUTES
7.1. The founders of the Community will make every effort to resolve all disagreements and disputes arising under this Agreement, in connection with it or as a result of its execution, through negotiations.
7.2. Disputes and disagreements that cannot be resolved through negotiations shall be resolved in a judicial or other manner prescribed by law.
7.3. Disputes and disagreements on issues of the internal organization of the Community and relations between its members can be resolved on the basis of the traditions and customs of small peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not prejudice the interests of other ethnic groups and citizens.
8. AMENDMENT AND TERMINATION OF THE AGREEMENT
8.1. This agreement becomes invalid only in case of liquidation of the Community.
8.2. Amendments to this agreement are made in cases established by law.
9. ENTRY INTO FORCE
9.1. This Agreement shall enter into force from the moment of its signing by all the founders.
10. FINAL PROVISIONS
10.1. All changes and additions to this Agreement must be made in writing.
10.2. If any of the provisions of this Agreement becomes invalid due to changes in legislation or other reasons, this will not be a reason for the suspension of the remaining provisions.
The invalid provision must be replaced by a provision that is legally permissible and close in meaning to the replaced one.
Founders Signatures:
__________________ _______________________
(signatures) (decryption of signatures)
Project
APPROVED
General meeting (gathering) of members
_____________________________________
(indicate the form of the community: family (clan) or (territorial-neighborly)
indigenous communities
_____________________
(indicate the name of the IP and the Community)
"___" ___________ 200 ___
Chairman of the General Meeting (gathering)
_____________ __ _________________
(signature) (signature transcript)
U S T A V
_____________________________________________
(indicate the form: family (clan) or territorial-neighborly, the name of the indigenous peoples and communities)
1. GENERAL PROVISIONS
1.1_____________________________________________
(indicate the form: family (clan) or territorial-neighborly, the name of the indigenous peoples and communities), hereinafter referred to as the "Community", created for the joint implementation of the goals and objectives provided for by this Charter.
The community operates on the basis of voluntariness, equality, self-government, legality, openness, freedom in determining its internal structure, forms and methods of its activity.
1.2. Full name of the Community in Russian - _____________ _____________________________________________
(indicate the form: family (clan) or territorial-neighborly, the name of the IP and the Community).
Abbreviated name in Russian - _____________________ ______________________________________________________________
1.3. The Community carries out its activities in accordance with the Constitution, the Federal Law "On the General Principles of Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation", the Federal Law of the Russian Federation "On Non-Commercial Organizations", and others federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation, this Charter.
1.4. The community is a non-profit organization and does not pursue the goal of making a profit.
1.5. The community freely disseminates information about its activities.
1.6. The organizational and legal form of the Community is a community of an indigenous small people.
1.7. Type of Community - indicate (family (tribal), or (and) territorial-neighborly).
1.8. Territorial sphere of activity of the Community: __________________.
1.9. Location of the Community - _________________________________ Location of the governing body of the Community - the Board of the Community: _________________________________, the documents of the Community are stored at the indicated address.
The postal address of the Community is _______________________________________.
2. LEGAL STATUS OF THE COMMUNITY
2.1. The community is considered to be created from the moment the decision on the organization of the community is made and after state registration acquires the rights of a legal entity.
2.2. The community has separate property, is liable for its obligations with this property, can acquire and exercise property and non-property rights on its own behalf, incur obligations, act as a plaintiff and defendant in courts.
2.3. The community has an independent balance sheet, has the right to open accounts in banks in the territory of the Russian Federation and outside its territory in accordance with the established procedure.
2.4. The community has a round seal with its full name, has the right to have forms and stamps with its name, as well as an emblem registered in the prescribed manner.
2.5. The Community is not responsible for the obligations of the members of the Community. The community is not responsible for the obligations of the state, and the state is not responsible for the obligations of the Community. Members of the Community are liable for the obligations of the Community within their share of the property of the Community.
2.6. The community can create economic partnerships, companies and other economic organizations with the status of a legal entity, provided that they create at least 50 percent of jobs for __________ (Indigenous Minorities), join Russian and international public associations, maintain direct international contacts and communications.
2.7. The community has the right to conclude contracts (agreements) with regional authorities and economic entities of all forms of ownership, to participate in the preparation of legislative and regulatory legal acts on the socio-economic and cultural development of the Saami.
3. COMMUNITY FOUNDERS
3.1. The founders of the community are
1) ___________________________________________________
(last name, first name, patronymic in full)
passport ___________________________________________, issued by _______________________________ "____" ___________________
2) ___________________________________________________
(last name, first name, patronymic in full)
passport ___________________________________________, issued by _________________________________ "____" __________________
3) ___________________________________________________
(last name, first name, patronymic in full)
passport ___________________________________________, issued by __________________________________ "____" ___________________
(the founders of the community must be at least 3 representatives of the indigenous peoples of the North)
4. SUBJECT AND OBJECTIVES OF THE COMMUNITY'S ACTIVITIES.
MAIN TYPES OF MANAGEMENT.
4.1. The main objectives of the Community are:
Protection of the original habitat, preservation and development of the traditional way of life;
Preservation, revival and development of traditional branches of economic activity, rational nature management, ensuring the traditional way of life, culture and language, as well as the preservation of the territory of settlement and the habitat of the local population, as the main condition for the survival and development of the indigenous peoples of the North;
Implementation of control over compliance with the legislation on environmental protection in industrial use land and natural resources, construction and reconstruction of economic and other facilities in places of traditional residence and economic activity of the small people _____________ ( indicate which);
Contribute to the creation of favorable conditions for solving the problems of socio-economic and cultural revival and further development people ____________ (Indigenous Peoples of the North), the implementation and protection of their civil, political, economic, social and cultural rights and freedoms.
The community also aims to strengthen friendship, mutual understanding of the people of ____________ (Indigenous Minorities) with other peoples.
4.2. The main types of management of the Community are:
Specify the specific activities that the community will be involved in, for example :
Reindeer breeding (breeding of domestic deer), processing and sale of reindeer products, including the collection, preparation and sale of horns, antlers, endocrine glands, offal, deer skins;
Fishing, including sea and river fishing, processing and sale of water biological resources, including marine mammals;
Fishery of marine animals and birds (hunting), processing and sale of harvested marine mammals;
Coastal crab fishing, harvesting (collection), processing and sale of other aquatic animals and plants, including seafood, which are not objects of fishing;
Hunting, processing and sale of hunting products;
Production, processing and sale of animals that are not objects of hunting;
Gathering, including the collection of wild plants, as well as the processing and sale of wild plants and their fruits (berries, mushrooms, edible and medicinal plants, nuts, etc.), as well as the traditional collection of waterfowl eggs in designated areas;
Collection, processing and sale of things publicly available for collection (animal bones, ornamental materials, dry wood, and so on);
Dressing of animal skins, including marine ones;
Production of national utensils, inventory, sleds, boats, national fur clothing, footwear and their sale;
Production of national souvenirs, artistic and other works of national culture, as well as their sale;
Weaving from herbs and plants;
Other trades and crafts related to the processing of fur, leather, bone, ornamental and semi-precious stones;
Sled dog breeding and training, sale of sled dogs;
Breeding of riding horses;
Home gardening;
Construction of national dwellings or housing arrangement in accordance with national traditions and customs;
Construction of religious and other buildings, as well as arrangement of places of historical, cultural, religious, environmental, spiritual and other value for Itelmens and Koryaks in accordance with their national traditions and customs;
Organization of ceremonial holidays associated with the maintenance of traditional intra- and inter-ethnic ties;
Transfer of traditional ecological knowledge, ecological education and development in this regard of a special sphere of ethno-ecological tourism;
Other traditional crafts, rural and communal industries;
Dissemination of environmental knowledge and involvement of indigenous and local population in environmental protection;
Training of personnel from the indigenous and local population for the implementation of activities for the protection and rational use natural resources;
The study of objects of natural and cultural heritage with their use for educational purposes;
Creation of infrastructure for the development of ecological, ethno-historical and sports tourism;
Other activities in the field of education and culture.
4.3. The community may observe the religious traditions and rituals of the people, if such traditions and rituals do not contradict the laws of the Russian Federation, may maintain and protect places of worship, create their own cultural centers and other public associations.
4.4. The community may carry out other activities not prohibited by the current legislation of the Russian Federation.
The duration and schedule of the working day, the procedure for granting days off is determined by the Community and approved at the general meeting of the Community.
7.2. The community independently determines the forms, systems and amount of remuneration. The organization of remuneration, as a rule, is based on the principles of collective and individual contracts, taking into account the final results of work. The individual earnings of the Community's employees are determined by labor contributions and the size of the share of the profit that is directed to wages. The community has the right to attract any specialists to work under an employment contract with remuneration by agreement of the parties.
7.3. Employees of the Community are subject to social and medical insurance in the manner and on the terms established for workers and employees of state enterprises. The community makes social and medical insurance contributions in the manner and in the amount established by the current legislation.
7.4. The community has the right to enter into contractual relations with other organizations, with the executive bodies of state power, local governments to address issues of social and cultural development. Community workers are provided with benefits in accordance with applicable law. The community has the right to own funds establish additional social security benefits for members of the labor collective.
7.5. Members of the community are obliged to take personal labor participation in the activities of the community. Otherwise, they are subject to exclusion from the members of the community by decision of the General Meeting of members of the community.
It is also necessary to determine the measures of responsibility of members of the Community for violation of obligations for personal labor and other participation.
8. GOVERNING BODIES OF THE COMMUNITY
8.1. The supreme governing body of the Community is the General Meeting of the members of the Community, which is held at least ____________________ (indicate the most acceptable terms, for example - at least once a quarter).
8.2. The next meeting of the members of the Community is convened by the decision of the Chairman of the Board, approved by the Board of the Community.
An extraordinary general meeting of members of the Community may be convened by decision of the Board of the Community, the chairman of the Board, or at the request of at least one third of the members of the Community.
The Chairman of the Board notifies the members of the Community about the date, place of the general meeting and the agenda of the meeting no later than _________ (e.g. 15 days, month) before the date of the general meeting.
8.3. The general meeting of the members of the Community is considered authorized if more than half of the members of the Community participate in it. The decision is considered adopted if the majority of the members present at the meeting voted for it.
One member (collective or individual) has one vote.
8.4. The exclusive competence of the General Meeting of members of the Community is:
8.4.1. Acceptance (approval) of the Charter of the Community, making changes and additions to it;
8.4.2. Election of the Board of the Community and its Chairman;
8.4.3. Admission of new members;
8.4.4. exclusion from the community;
8.4.5. Determination of the main directions of activity of the Community;
8.4.6. Election of the Audit Commission;
8.4.7. Making decisions on reorganization, liquidation, self-dissolution of the community;
8.4.8. Approval of decisions of the Chairman of the Board of the Community.
On the issues listed in clauses 8.4.1, 8.4.3, 8.4.4., 8.4.7. (determine which) the decision is made by a qualified (2/3) majority vote of the members of the Community.
The competence of the general meeting of members of the Community also includes:
Hearing reports of the Board of the Community and the Audit Commission of the Community;
Determining the procedure for distributing income from the sale of surplus products of traditional management and products of traditional crafts;
Formation of the Community Comrades' Court and the creation of voluntary public formations (brigades, groups, etc.) for environmental protection, public order in accordance with applicable law;
The general meeting of members of the Community has the right to accept for its consideration any other issue related to the activities of the Community.
8.5. The permanent governing body in the period between general meetings of members of the Community is the Board of the Community, consisting of ______- (indicate quantityhuman).
The Board organizes the activities of the Community and holds meetings as necessary, but not less than _________ ( specify a time period, for example at least 1once a month).
8.6. Members of the Community who have received more than half of the votes of its members present at the general meeting are considered elected to the Board of the Community.
8.7. Community Board:
Elects the Deputy Chairman of the Board;
Considers the applications of citizens who have expressed a desire to join the Community, recommends them for joining the Community;
Ensures the fulfillment of the goals and objectives of the Community;
Defines priority activities of the Community, principles of formation and use of its property;
Considers the organization and holding of General Meetings, approves the agenda of the General Meeting;
Determines the number of workers involved by the Community according to employment contracts, and the procedure for remuneration of their labor in accordance with the legislation of the Russian Federation on labor;
Develops and approves the financial plan of the Community with the right to amend it;
Considers and approves annual reports on the financial and economic activities of the Community;
Approves the decisions of the Chairman of the Board of the Community;
Listens to the reports of the Chairman of the Board;
Reports on his work to the General Assembly of the Community;
Annually informs the registration authorities about the activities of the Community, indicating the actual location of the Board of the Community, and other information necessary for entering into the unified state register of legal entities;
It also exercises other powers in accordance with this Charter.
Decisions of the Board are signed by the Chairman of the Board.
8.8. The Chairman of the Board of the Community is elected by the General Meeting from among its members for a period of _________ (for example - 3 years) simple majority vote.
8.9. Chairman of the Board:
Organizes the work of the Board of the Community;
During the period between meetings of the Board of the Community decides all organizational, production and other issues, with the exception of those issues that are within the jurisdiction of the General Meeting of Members of the Community or the Board of the Community;
Represents the Community in relations with organizations, state authorities and administrations, local governments, public organizations in Russia;
Leads the preparation, convenes and conducts meetings of the Board of the Community, the general meeting of members of the Community;
Controls the implementation of the financial plan of the Community;
Appoints to positions staff members the apparatus of the Community;
Manages the property and finances of the Community;
Signs banking and financial documents;
Responsible for the accuracy of the reporting data on the maintenance financial activities communities;
Without a power of attorney, acts on behalf of the Community, makes transactions stipulated by the Law, opens bank accounts, issues powers of attorney, represents the Community in courts, issues orders within its competence, hires and dismisses employees.
If necessary, add to the specified paragraph.
9. CONTROL AND AUDIT BODY
9.1. The Audit Commission is elected by the General Meeting of the Community for a period of ______________ (e.g. 3of the year) composed of ___________ (specify quantity) a person to check the financial activities of the Community and is accountable to him.
9.2. Members of the Audit Commission cannot be members of the Board of the Community and persons holding any positions in the apparatus of the Community.
9.3. The Audit Commission of the Community conducts annual audits of the financial and economic activities of the Community.
By decision of the General Meeting of the Community, audits of the financial and economic activities of the Community can be carried out on a contractual basis by independent audit organizations.
The results of the audit once a year are provided by the Audit Commission of the Community in the form of a report to the General Meeting of the Community. The financial year of the Community coincides with the calendar year.
10. PROPERTY AND SOURCES
COMMUNITY PROPERTY FORMATION
10.1. The Community may own land plots, buildings, structures, structures, housing stock, transport, equipment, inventory, cultural, educational and health-improving property, cash, shares and others. securities, other property necessary for the material support of the activities of the Community in accordance with this Charter.
10.2. The property of the Community is formed at the expense of the contribution (contribution) transferred by members of the community as a contribution when joining the community, voluntary contributions and donations, income from entrepreneurial activity communities, as well as at the expense of other receipts not prohibited by the legislation of the Russian Federation.
10.3. The community bears material and other liability in accordance with the legislation of the Russian Federation;
10.4. The community independently owns, uses and disposes of its property;
10.5. The community, with the consent of its members, has the right to sell the products of labor produced by its members.
Income from the sale of surplus products of traditional economy and products of traditional crafts is distributed by the General Meeting of the Community members for the purposes and in the manner established by this Charter.
10.6. The community is responsible for its obligations in accordance with the current legislation.
11. COMMUNITY ACCOUNTING AND REPORTING
12.10. The property left after liquidation and settlement with creditors is subject to distribution among the members of the Community in accordance with their share of the property of the Community. The decision on the use of the property of the Community remaining after the satisfaction of creditors' claims is published by the liquidation commission in the press.
12.11. After the liquidation of the Community, documents on the personnel in accordance with the current legislation are transferred to the state storage.
12.12. The decision on liquidation is sent to the body of justice that registered the Community in order to exclude it from the state register of legal entities.
12.13. Disputes about the liquidation of the Community are resolved in court.
DRAFT LETTER
to the body responsible for
registration of legal entities
Please register a non-profit organization - _____________________ (indicate the form: family (clan) or territorial-neighborly, the name of the IP and the Community).
The legal basis for our appeal is the provisions of the current Russian legislation. In accordance with the Civil Code of the Russian Federation (Article 50, clause 3), the Federal Law "On Non-Profit Organizations" (Article 2, Clause 3), legal entities that are non-profit organizations can be created in the form of consumer cooperatives, public or religious organizations (associations ) financed by the owner of institutions, charitable and other foundations , as well as in other forms, statutory.
Such another form non-profit organization "community", provides for the Federal Law of January 1, 2001 “On the General Principles for Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation”, Article 5 of which states that “the activities of the communities are of a non-commercial nature”.
Consequently, communities indigenous peoples are special form non-profit organization under federal law.
Sincerely,
________________________ (signature, transcript of the signature, position of the authorized person)
[Law on NGOs] [Chapter 2]1. Communities of indigenous peoples of the Russian Federation (hereinafter referred to as the community of indigenous peoples) are recognized as forms of self-organization of persons belonging to indigenous peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborly principles, in order to protect their primordial habitat, preservation and development of traditional way of life, management, crafts and culture.
2. A community of small peoples has the right to carry out entrepreneurial activities that correspond to the goals for which it was created.
3. Members of a community of small peoples have the right to receive a part of its property or compensation for the value of such a part upon leaving the community of small peoples or upon its liquidation.
The procedure for determining a part of the property of a community of small peoples or compensation for the cost of this part is established by the legislation of the Russian Federation on communities of small peoples.
4. Features of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.
Legal advice under Art. 6.1 of the Law on non-profit organizations
- Lawyer's response:
Tax Code of the Russian Federation Article 241. Tax Rates Federal Law No. 158-FZ of December 6, 2005 reworded Item 1 of Article 241 of this Code, which shall enter into force on January 1, 2006, but not earlier than one month after the official publication of the said Federal Law, and extending to legal relations that arose from January 1, 20061. For the taxpayers specified in subparagraph 1 of paragraph 1 of Article 235 of this Code, with the exception of taxpayers acting as employers - organizations and individual entrepreneurs that have the status of a resident of a technology development special economic zone and make payments to individuals working on the territory of a technology development special economic zone zones, agricultural producers, organizations of folk art crafts and tribal, family communities of indigenous peoples of the North, engaged in traditional sectors of management, the following tax rates are applied: Tax base for each individual on an accrual basis from the beginning of the year Federal budget medical insurance Territorial funds of compulsory medical insurance Up to 280,000 rubles 20.0 percent 2.9 percent 1.1 percent nta 2.0 percent 26.0 percent From 280,001 to 600,000 rubles 56,000 rubles +7.9 percent of the amount exceeding 280,000 rubles8120+1%3080+0.6%5600+0.5%72800+10% Over 600,000 rubles81280+2% of the amount exceeding 600,000 rubles.1132050007200104800+2% of the amount exceeding 600,000 rubles.
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- Lawyer's response:
First, commercial and non-commercial organizations differ depending on the purpose of creation and activity. Commercial legal entities are those whose purpose is to make a profit by carrying out any activity not prohibited by law. Non-profit organizations are those that do not pursue profit as the main goal and do not distribute the profits received among the participants (Article 50 of the Civil Code). It should be noted that this division is very arbitrary, since all non-profit organizations are allowed to engage in entrepreneurial activities. The requirement of the legislator that this activity should serve the achievement of the goals for which the organization was created, and correspond to these goals (clause 3 of article 50 of the Civil Code), is also formulated rather vaguely. Moreover, the Code explicitly states that income received by a consumer (non-commercial) cooperative from entrepreneurial activity is distributed among its members (clause 5, article 116). The purpose of such a division of legal entities into commercial and non-commercial is that commercial organizations can only be created in the forms expressly provided for by the Civil Code, namely: a general partnership, a limited partnership, a limited or additional liability company, open or closed joint-stock company, production cooperative, state (including federal state) or municipal unitary enterprise. In addition, a unitary enterprise based on the right of economic management may create another unitary (subsidiary) enterprise by transferring to it, in the prescribed manner, part of its property for economic management. This list is exhaustive (Articles 50, 114 of the Civil Code, clause 1 of Article 6 of the Law on the Enactment of Part One of the Civil Code of the Russian Federation). Non-commercial organizations can be created in any form provided for by law. The current legislation provides for the creation of the following types of non-profit organizations: 1) a consumer cooperative (Articles 50, 116 of the Civil Code, the Law of the Russian Federation of June 19, 1992 "On consumer cooperation in the Russian Federation" * 1. At the same time, it should be borne in mind that the activities of all types of agricultural cooperatives , both consumer and industrial, as well as their unions, is regulated by a special Law of December 8, 1995 "On Agricultural Cooperation" * 2. 2) a public organization (association), whose activities are regulated by Art. 117 of the Civil Code, by the Law of January 12, 1996 No. "On non-profit organizations" * 3, as well as the Law of May 19, 1995 "On public associations" * 4, which lists five types of public associations: public organization (Art. 8), public movement (Art. 9), public foundation (Article 10), public institution (Article 11) and body of public amateur performance (Article 12); 3) a religious organization (Article 117 of the Civil Code, Article 6 of the Law on Non-Commercial Organizations, the Law of the RSFSR "On Freedom of Religion"); 4) fund (Art. 118, 119 of the Civil Code, Art. 7 of the Law on non-profit organizations); 5) establishment (Article 120 of the Civil Code, Article 9 of the Law on Non-Commercial Organizations); 6) an association of legal entities - an association or union (Article 121 of the Civil Code, Articles 11, 12 of the Law on Non-Commercial Organizations); 7) non-profit partnership (Article 8 of the Law on Non-Profit Organizations); 8) an autonomous non-profit organization (Article 10 of the Law on Non-Profit Organizations). The activities of charitable organizations, which are most often created in the form of public organizations or foundations, are also regulated by the Law of August 11, 1995 "On charitable activities and charitable organizations"*5. Secondly, the Civil Code divides legal entities into three categories depending on the legal regime of their property: subjects of property rights (partnerships and societies, cooperatives and all non-profit organizations, except for institutions); subjects of the right of economic management (state and
- Lawyer's response:
- Lawyer's response:
FEDERAL LAW "ON COMPULSORY PENSION INSURANCE IN THE RUSSIAN FEDERATION" Article 33. Transitional provisions the following rates of insurance premiums apply: 1) for insurers acting as employers, with the exception of organizations acting as employers engaged in the production of agricultural products, tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, and peasant (farm) households: Up to 280,000 rubles 10.0 percent 4.0 percent From 280,001 rubles 28,000 rubles + 3.9 11,200 rubles + 1.6 up to 600,000 percent of the amount, percent of the amount exceeding 280,000 rubles exceeding 280,000 rubles Over 600,000 40,480 rubles 16,320 rubles; rubles2) for organizations acting as employers engaged in the production of agricultural products, tribal, family communities of indigenous peoples of the North, engaged in traditional sectors of management, and peasant (farmer) households: Up to 280,000 rubles 6.3 percent 4.0 percent From 280,001 rubles 17,640 rubles + 3.9 11,200 rubles + 1.6 up to 600,000 percent of the amount, percent of the amount, rubles exceeding 280,000 rubles exceeding 280,000 rubles Over 600,000 30,120 rubles 16,320 rubles
- Lawyer's response:
Maxim Povodyrev
Land tax, reasons for exemption from payment of this tax for individuals. and legal persons
- Lawyer's response:
Article 395 land plots provided for the direct performance of the functions assigned to these organizations and institutions; 2) organizations - in relation to land plots occupied by state public roads; 3) has become invalid. - Federal Law of November 29, 2004 N 141-FZ; (see the text in the previous wording) 4) religious organizations - in relation to their land plots, on which buildings, structures and structures of religious and charitable purposes are located; 5) all-Russian public organizations of the disabled (including those created as unions of public organizations of the disabled), among whose members the disabled and their legal representatives make up at least 80 percent, in relation to the land plots used by them to carry out their statutory activities; organizations, the authorized capital of which consists entirely of the contributions of the indicated all-Russian public organizations of the disabled, if average headcount persons with disabilities among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to land plots used by them for the production and (or) sale of goods (with the exception of excisable goods, mineral raw materials and other useful minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of the disabled), works and services (excluding brokerage and other intermediary services); institutions, the sole owners of whose property are the indicated all-Russian public organizations of the disabled - in relation to the land plots used by them to achieve educational, cultural, health-improving, physical culture and sports, scientific, informational and other purposes of social protection and rehabilitation of disabled people, as well as for providing legal and other assistance to disabled people, disabled children and their parents; 6) organizations of folk arts and crafts - in relation to land plots located in places of traditional existence of folk arts and crafts and used for the production and sale of products of folk arts and crafts; 7) individuals relating to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, management and crafts; 8) has become invalid. - Federal Law of November 29, 2004 N 141-FZ; (see the text in the previous wording) 9) organizations - residents of the special economic zone - in relation to land plots located in the territory of the special economic zone, for a period of five years from the moment the right of ownership arises for each land plot. (Clause 9 as amended by the Federal Law of 03.06.2006 N 75-FZ)
- Lawyer's response:
- Lawyer's response:
It must be borne in mind that the concept of “fund” has many meanings in the legislation and is used to refer to both commercial and non-profit organizations, as well as government bodies. For example, a mutual property fund, an investment fund, the Russian Children's Fund, the Pension Fund of the Russian Federation, the Russian Federal Property Fund, etc. The Civil Code of the Russian Federation uses the term "fund" in relation to non-profit organizations that, as a rule, pursue charitable goals. Like other non-profit organizations, foundations have the right to engage in entrepreneurial activities necessary to achieve the socially useful goals for which the foundation was created, and corresponding to these goals. In order to carry out entrepreneurial activities, foundations have the right to create business companies or participate in them. The Fund, being a non-profit organization, may establish a joint-stock company or a limited liability company (but not a business partnership) and receive profit from their activities, which cannot be distributed among the founders of the fund, but must be directed to its statutory goals. The Foundation may be the sole founder of a commercial organization. "I think so" (cf "Mimino").
Article 395
- Lawyer's response:
Individual entrepreneurs are self-employed citizens, check with the FSS at the place of residence and look at law No. Article 2. 3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals who are not recognized individual entrepreneurs(notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of indigenous peoples of the North are subject to compulsory social insurance in case of temporary disability and in connection with motherhood if they voluntarily entered into a relationship on compulsory social insurance in case of temporary disability and in connection with motherhood and pay for themselves insurance premiums in accordance with Article 4.5 of this Federal Law. "Article 4.5 2. Persons who voluntarily entered into legal relations for compulsory social insurance in case of temporary disability and in connection with motherhood pay insurance premiums to the Social Insurance Fund of the Russian Federation, based on the cost of the insurance year 3. The cost of an insurance year is determined as the product of minimum size wages established by federal law at the beginning fiscal year for which insurance premiums are paid, and the rate of insurance premiums established by the Federal Law "On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds" in terms of insurance premiums to the Social Insurance Fund insurance of the Russian Federation, increased 12 times. 4. Payment of insurance premiums by persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with motherhood is made no later than December 31 current year starting from the year of filing an application for voluntary entry into legal relations for compulsory social insurance in case of temporary disability and in connection with motherhood. 5. Persons who voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with motherhood, transfer insurance premiums to the accounts of the territorial bodies of the insurer by non-cash payments, or by depositing cash into credit organization or by postal order. 6. Persons who have voluntarily entered into legal relations on compulsory social insurance in case of temporary disability and in connection with motherhood shall acquire the right to receive insurance coverage provided that they pay insurance premiums in accordance with Part 4 of this Article in the amount determined in accordance with Part 3 of this article, for the calendar year preceding the calendar year in which the insured event occurred. and see also paragraphs 7-8 of Art. of this Law.
From the salary of an employee, Since 2011, the rate of insurance premiums has increased to 34% - 26% is sent to the Pension Fund, 2.9% - to the Social Insurance Fund, 5.1% - to the funds - federal and territorial - compulsory medical ...
- Lawyer's response:
Article 395. Tax Benefits [Tax Code of the Russian Federation] [Chapter 31] [Article 395] institution functions; 2) organizations - in relation to land plots occupied by state public roads; 3) has become invalid. 4) religious organizations - in relation to their land plots, on which buildings, structures and structures of religious and charitable purposes are located; 5) all-Russian public organizations of the disabled (including those created as unions of public organizations of the disabled), among whose members the disabled and their legal representatives make up at least 80 percent, in relation to the land plots used by them to carry out their statutory activities; organizations, the authorized capital of which consists entirely of the contributions of the indicated all-Russian public organizations of the disabled, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to the land plots used by them for production and (or) sale of goods (with the exception of excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of the disabled), works and services (with the exception of brokerage and other intermediary services) ; institutions, the sole owners of whose property are the indicated all-Russian public organizations of the disabled - in relation to the land plots used by them to achieve educational, cultural, health-improving, physical culture and sports, scientific, informational and other purposes of social protection and rehabilitation of disabled people, as well as for providing legal and other assistance to disabled people, disabled children and their parents; 6) organizations of folk arts and crafts - in relation to land plots located in places of traditional existence of folk arts and crafts and used for the production and sale of products of folk arts and crafts; 7) individuals belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, management and crafts; 8) has become invalid. 9) organizations - residents of a special economic zone - in relation to land plots located on the territory of a special economic zone, for a period of five years from the moment the right of ownership to each land plot arises; 10) organizations recognized as management companies in accordance with the Federal Law "On the Skolkovo Innovation Center" - in relation to land plots provided for the direct performance of the functions assigned to these organizations in accordance with the specified Federal Law. As we can see, land tax pensioners not released
Classification organizational-legal forms in Russian Federations There are the following types organizational
Classification organizational-legal forms in Russian Federations There are the following types organizational- legal forms of economic entities (hereinafter also OPF): OPF of economic entities that are legal entities-commercial ...
- Lawyer's response:
Information from the Unified State Register of Legal Entities is open and publicly available, with some exceptions (passport data, for example) - clause 1 of Art. 6 of the Federal Law "On state registration of legal entities and individual entrepreneurs ..." (129-FZ of 08.08.2001.) A non-profit organization is a legal entity in accordance with Ch. 4 of the Civil Code of the Russian Federation. Apparently registered in Moscow. You can "order" an extract from MIFNS No. 46, you can also do this at the territorial tax authority in which the NPO is registered. The 46th provides information only on Moscow. You can write a request for an extract on your own behalf. The stamp of an NPO or some other organization is not needed))))) Good luck!
- Lawyer's response:
Do you understand what you asked? Subparagraph 1 of paragraph 3 of Art. 6 of the Federal Law of the Russian Federation "On advocacy and advocacy in the Russian Federation" (hereinafter referred to as the Law on the Advocacy) dated May 31, 2002 63-FZ establishes the right of a lawyer to collect information necessary to provide legal assistance, including requesting certificates, characteristics and other documents from public authorities, local governments, as well as public associations and other organizations. These bodies and organizations, in the manner prescribed by law, are obliged to issue to the lawyer the documents requested by him or their certified copies no later than one month from the date of receipt of the lawyer's request. How BE and free shit owe you, because a request is issued to a lawyer
- Lawyer's response:
сContract Article 155. Payment for residential premises and communal services apartment building or by a decision of the general meeting of members of a homeowners' association, a housing cooperative or another specialized consumer cooperative established to meet the needs of citizens for housing in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative). 2. Payment for residential premises and utilities is paid on the basis of payment documents submitted no later than the first day of the month following the expired month, unless a different period is established by the apartment building management agreement or by decision of the general meeting of members of a homeowners association, housing cooperative or other specialized consumer cooperative. 3. Tenants of residential premises under a social tenancy agreement and a contract for the rental of residential premises of state or municipal housing stock shall pay a fee for the use of residential premises (rental fee) to the landlord of this residential premises. 4. Tenants of residential premises under a social tenancy agreement and a rental agreement for residential premises of the state or municipal housing stock in an apartment building, which is managed by managing organization, pay a fee for the maintenance and repair of a dwelling, as well as a fee for utilities of this managing organization, with the exception of the case provided for by paragraph 7.1 of this article. If the amount of the fee paid by the tenant of the residential premises is less than the amount of the fee established by the management agreement, the remaining part of the fee is paid by the landlord of this residential premises in the manner agreed with the managing organization. 5. Members of a homeowners' association or a housing cooperative or other specialized consumer cooperative shall make mandatory payments and (or) contributions related to the payment of expenses for the maintenance, current and major repairs of common property in an apartment building, as well as payment utilities, in the manner prescribed by the governing bodies of a homeowners association or by the governing bodies of a housing cooperative or by the governing bodies of another specialized consumer cooperative. 6. Owners of premises in an apartment building in which a homeowners association or a housing cooperative or other specialized consumer cooperative are established, who are not members of a homeowners' association or a housing cooperative or other specialized consumer cooperative, shall pay a fee for the maintenance and repair of common property in an apartment building and a fee for utilities in accordance with agreements concluded with a homeowners association or a housing cooperative or other specialized consumer cooperative. 6.1. In the event that a homeowners' association or a housing cooperative or other specialized consumer cooperative concludes, or in the case provided for by part 14 of article 161 of this Code, the developer of the apartment building management agreement pays the utility bill to the management organization, with the exception of the case provided for by part 7.1 of this article, by persons specified in part 2 of Article 153 of this Code. 6.2. A managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative that receives payment for utility services, makes settlements for the resources necessary for the provision of public services with persons with whom such a managing organization, homeowners association or housing cooperative or other specialized consumer
- Lawyer's response:
From January 1, 2013, the Federal Law of December 6, 2011 N 402-FZ "On Accounting" will come into force, according to which both organizations and individual entrepreneurs are required to keep accounting records (clauses 1 and 4, part 1, article 2, article 32 of this Law). An exception to this rule is made for individual entrepreneurs who keep records of income, expenses and (or) other objects of taxation in the manner established by the tax legislation of the Russian Federation (clause 1, part 2, article 6 of Law N 402-FZ). Thus, entrepreneurs using the simplified tax system may not keep accounting records. But they are obliged to keep tax records in the manner prescribed by Art. 346.24 of the Tax Code of the Russian Federation. Namely, in the book of income and expenses of organizations and individual entrepreneurs. The law provides for the possibility of developing a simplified accounting procedure for small businesses and certain categories of non-profit organizations (clause 3, article 20, clause 10, part 3, article 21 of Law N 402-FZ). Currently, the issue of the need for accounting under the simplified tax system concerns only organizations. Individual entrepreneurs, regardless of the taxation regime, are not required to keep accounting records. This follows from paragraphs 1, 2 of Art. 4 of Law 129-FZ. According to clause 3 of this article, organizations, when working on the simplified tax system, are exempt from accounting, with the exception of accounting for fixed assets and intangible assets.
- Lawyer's response:
Federal Law "On Compulsory Medical Insurance in the Russian Federation"
The insured persons are citizens of the Russian Federation permanently or temporarily residing in the Russian Federation Foreign citizens, stateless persons (with the exception of highly qualified specialists and members of their families in accordance with the Federal Law of July 25, 2002 N 115-FZ "On legal status foreign citizens in the Russian Federation"), as well as persons entitled to medical care in accordance with the Federal Law "On Refugees":
1) working under an employment contract, including heads of organizations that are the sole participants (founders), members of organizations, owners of their property, or a civil law contract, the subject of which is the performance of work, the provision of services, under an author's order agreement, as well as authors works that receive payments and other remuneration under agreements on the alienation of the exclusive right to works of science, literature, art, publishing license agreements, license agreements on granting the right to use a work of science, literature, art;
2) independently providing themselves with work (individual entrepreneurs, notaries engaged in private practice, lawyers, arbitration managers);
3) being members of peasant (farm) holdings;
4) who are members of family (tribal) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, living in the regions of the North, Siberia and the Far East of the Russian Federation, engaged in traditional economic sectors;
5) non-working citizens:
a) children from the date of birth until they reach the age of 18;
b) non-working pensioners regardless of the basis for granting a pension;
c) citizens studying full-time in educational institutions primary vocational, secondary vocational and higher vocational education;
d) unemployed citizens registered in accordance with the employment legislation;
e) one of the parents or guardian who takes care of the child until the child reaches the age of three years;
f) able-bodied citizens engaged in caring for disabled children, disabled people of group I, persons who have reached the age of 80 years;
g) other citizens not working under an employment contract and not specified in subparagraphs "a" - "f" of this paragraph, with the exception of military personnel and equivalent to them in the organization of rendering medical care persons.
- Lawyer's response:
- Lawyer's response:
OPF of economic entities that are legal entities-commercial organizations Partnerships General partnerships Limited partnerships Companies with additional liability Joint-stock companies Open joint-stock companies Closed joint-stock companies Unitary enterprises Unitary enterprises based on the right of economic management Unitary enterprises based on the right of operational management Other Production cooperatives OPF of economic entities that are legal entities-non-profit organizations Consumer cooperatives Public associations (including religious associations) Public organizations Social movements Bodies of public amateur performance Political parties Foundations (including public foundations) Institutions (including public institutions) State corporations Non-profit partnerships Autonomous non-profit organizations Communities of indigenous peoples Cossack societies Associations of legal entities (associations and unions) Associations of peasant (farmer) households Territorial public self-governments Partnerships of homeowners Gardening, gardening or dacha non-profit partnerships OPF of economic entities without the rights of a legal entity Mutual investment funds Simple partnerships Representative offices and branches Individual entrepreneurs Peasant (farm) households (since January 1, 2010) Examples of OPF of state and municipal institutions
- Lawyer's response:
The minimum wage must be paid to everyone in any case. They can only require documents confirming that you are an individual entrepreneur, but they are not entitled to demand closure. Federal Law No. 81-FZ Article 13. The following have the right to a monthly child care allowance: mothers or fathers, guardians who actually care for the child and are not subject to compulsory social insurance in case of temporary disability and in connection with motherhood Order of the Ministry of Health and Social Development No. 1012n k) copies of documents confirming the status, as well as a certificate from the territorial body of the Social Insurance Fund of the Russian Federation on the lack of registration with the territorial bodies of the Social Insurance Fund of the Russian Federation as an insurer and on non-receipt of a monthly allowance for child care at the expense of compulsory social insurance - for individuals operating as individual entrepreneurs, lawyers, notaries, individuals, professional activity which, in accordance with federal laws, is subject to state registration and (or) licensing, - in the event that the appointment and payment of a monthly allowance for child care is carried out by the bodies of social protection of the population; And here is another Federal Law No. 255-FZ Article 2. Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood foreign citizens and stateless persons residing on the territory of the Russian Federation: 1) persons working under employment contracts, including heads of organizations who are the sole participants (founders), members of organizations, owners of their property; 2) state civil servants, municipal employees; 3) persons holding public positions of the Russian Federation, public positions of a constituent entity of the Russian Federation, as well as municipal positions filled on a permanent basis; 4) members of the production cooperative, taking personal labor participation in its activities; 5) clergy; 6) persons sentenced to deprivation of liberty and involved in paid work. 3. Lawyers, individual entrepreneurs, members of peasant (farmer) households, individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of indigenous small peoples of the North are subject to compulsory social insurance in case of temporary disability and in connection with motherhood in the event that they voluntarily entered into a relationship for compulsory social insurance in case of temporary disability and in connection with motherhood and pay insurance premiums for themselves in accordance with Article 4.5 of this Federal law.
Most often, hatred is inspired from above. And since the people from time immemorial believed in the "good king", in the "wise leader", in the "fiery fighter for the people's cause", they picked up the waves of hatred emanating from the "kind", "wise" and "fiery" ...
Tamara Danilova
HELP how much% is the pension taken for insurance and funded, if the sum is over 600,000 rubles
Christina Krylova
Payments to the pension fund. Please tell me if I have the correct data on contributions to the pension fund for an employee born in 1987. who works for an individual entrepreneur to finance the insurance part of labor pension 8% payroll to finance the funded part of labor pension 6% payroll
Boris Osovetsky
tell me, can I register a house on the land plot: category of agricultural land?. land category: agricultural land, permitted use: for dacha farming.
Olga Zaitseva
Tell me, does the Fund have the right to act as the sole founder of a public organization? The task was set to prepare documents for the establishment of the Literary Association. But he hit a dead end: in accordance with Article 6 of the law "On Public Organizations", the Fund of Russian Literature and Culture, as a legal entity, in relation to which the founder does not have property rights, can act as the sole founder of a public organization - the Literary Association?
Valery Dolgozhilov
tell me the classification of enterprises by legal form, thank you
Lyubov Sukhanova
how maternity pay is paid to individual entrepreneurs
Marina Alexandrova
how much does an individual entrepreneur pay taxes for an employee
Alena Davydova
Regarding taxation (see inside). My mother is a pensioner, a land plot is registered to her. She has to pay land tax for the year. What benefits does she have as a pensioner to pay less tax? And what documents do you need to submit to the tax office for this?
Antonina Fedotova
Social science. C8. Organizational plan legal forms entrepreneurial activity
Maria Petrova
organizational and legal forms of entrepreneurial activity
Alexandra Tarasova
Is it possible to order an extract from the Unified State Register of Legal Entities for a non-profit organization in MI FTS 46!?
Yakov Korovenko
Lawyer request. Can all paid legal offices issue solicitors' requests? And in general, what should a lawyer's request contain, should there be attachments to it, and which ones?
Anatoly Senchischev
An apartment building, the owners and tenants of residential premises live in it under a social contract. hiring .. With the owners of the HOA entered into an agreement on the management of shares in the common property in an apartment building and the provision of utilities. And there are no such contracts with employers. There are only social tenancy agreements provided by them, which stipulate that they must pay a fee for housing to the LESSOR and comm. services. At the same time, Art. 155 of the Housing Code of the Russian Federation, paragraph 4, stipulates that employers must pay a fee for the above services of the HOA. But employers pay only for whom. services (water, heat, electric energy), they refuse to pay for all other services, referring to the contract. Although in the contract of social rent, the amount of payment to the Landlord for the dwelling is not even prescribed. Should the HOA conclude any contracts with tenants for the provision of com. services and services for the maintenance of the house (after all, the owners are not actually they, but the Russian Federation represented by the relevant authorities)? What is the mechanism of interaction between the HOA - the Landlord - the Tenant?
Artur Lentulov
Will individual entrepreneurs be required to keep accounting records from 2013?
Olesya Morozova
Question for FINANCISTS and LAWYERS. WHAT IS a functional solution of an enterprise and its organizational and legal form Thank you for your answer
Vadim Firsanov
Question about benefits up to 1.5 years for individual entrepreneurs. Hello! I am an individual entrepreneur, I did not pay contributions to the Social Insurance Fund, the rest of the taxes are regular. Now she has given birth to her second child, she turned to the social. protection for the calculation of benefits up to 1.5 years. They told me - close the IP, then you will come for benefits. Earlier, I read that I was entitled to this allowance, as well as everyone who does not belong to persons subject to compulsory social insurance. , and that I should receive it in the social. protection. But nowhere did I find an official document (law, order) that confirms my right. So that it is spelled out that the individual entrepreneur is a person not subject to social. insurance, and that is entitled to benefits up to 1.5 years. Prompt, throw the link to the law if such exists. Thank you.
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