Paragraph 2.2 the Legal capacity of the noncommercial organisations.

In the conditions of a modern economic life special value of activity of the noncommercial organisations is difficult for overestimating, because they replace with the activity passivity of the state structures which should carry out social programs.

Social movement always appeared to incur the decision of those problems and problems which really exist in a society. It is clear, that in any country where there is a market economy, the basis of this market economy is constituted by the commercial organisations. But the noncommercial organisations also carry out vyzhnejshie functions in a society.

The concept źthe noncommercial organisation╗ is known to the Russian civil law not so long ago. In Russia the concept of the noncommercial organisation differs from similar concept of foreign countries. Abroad the noncommercial organisations name źthe third sector╗, along with the power and business. The third sector - the independent noncommercial organisations which direct the profit received from realisation of authorised activity, iatu the activity.

The concept of the noncommercial organisation contains Federal act item 2 źAbout the noncommercial organisations╗ from January, 12th, 1996 which defines the noncommercial organisation źas not having profit extraction in kachestzs a main objective of the activity and not meting received profit between participants╗. The Civil code defines a legal status of consumer co-operative societies, the public or religious organisations (associations),

y Fjhrgyyj яюног12 ╗krja 1996г. № 7-FZ 5 Meeting zakonoajachelsgva the Russian Federation.

Establishments financed by the proprietor, charitable and other funds (item 116 - 123 GK the Russian Federation). The given list which is not settling, is added by the Law on the noncommercial organisations.

The legislation on the noncommercial organisations in the Russian Federation began to develop only in 1990th years though in the separate normative acts regulating development of culture, sciences, formations, public health services and social protection, the special status of the organisations operating in public interests (for public good), contrary to state (government) or admitted private (private business), including-willows of a part of investment with their tax and other privileges.

The basic analogue of the international concept źthe noncommercial organisation╗ in Russia till last years was so-called "public organisation" — the voluntary homing association of citizens created for the purpose of their realisation personal non-property (spiritual, creative, scientific, professional, sports, cultural, etc.) interests which exists almost exclusively as the member organisation, without the purposes of reception and profit distribution.

As it was already marked, the noncommercial organisations can exist in the organisation-legal forms provided as GK the Russian Federation, and other federal acts. The code provides following forms of the noncommercial organisations: consumer co-operative society; the public and religious organisation (association); charitable and other fund; establishment; association (union).

Other laws provide possibility of creation of such legal bodies in the form of associations of proprietors of habitation, noncommercial partnership and the independent noncommercial organisations, commercial and industrial chambers, commodity exchanges.

The majority of the noncommercial organisations, like commercial, the corporations constructed on the basis of membership represent. However among the noncommercial organisations to a bowl there are the legal bodies who are not corporations. Funds concern the last, establishments and the independent noncommercial organisations.

Let's notice, that nanoseconds all noncommercial organisations are legal bodies as l a case of absence of the state registration which are pravoustanavlivajushchim the fact, association does not get corporate franchises. About it directly specifies item 21 FZ źAbout public associations╗ 15\

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A source: Ryzhov Viktorija Aleksandrovna Institut. of the legal capacity of legal bodies. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2006

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