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§ 2.3. The noncommercial organisations as a kind not state The organisations

Article 50 GK the Russian Federation fixes two criteria discriminating the noncommercial organisations and commercial: do not consider extraction of profit as a main objective of the activity; do not mete it between participants.

The given requirements also should be observed in activity of the noncommercial organisations and be a subject of the control of representatives on that of enforcement authorities.

Also at the characteristic of the noncommercial organisations it is necessary to consider and that as it was already marked, not all of them are obliged to have the status of the legal person.

It is possible to agree with S.P.Grishaeva's opinion that activity public is carried out by such formations which do not possess the status of the person legal, therefore such concept as «the noncommercial organisation» in the right civil can be used both in wide, and in narrow senses. According to wide value all structures concern the organisations noncommercial without an exception, thus and not being persons legal, created with the purposes useful to a society and carrying out social functions, though and allocated with some rights, duties, but not having possibilities to enter the civil circulation. In narrow sense, namely in citizens - sko-legal, the given subjects are understood among the specified organisations only as what have a status legal лица1.

In aspect of is administrative-legal regulation the status of the organisations which are not possessing corporate franchises, is not identical with the status of the organisations which are legal bodies. But, unlike the civil-law status, the first simply possess a smaller complex of the rights and duties as subjects of administrative law but the same as also the second, can enter jural relations under administrative law. As to civil-law relations the noncommercial organisations which are not legal bodies, in them do not enter.

It is necessary to notice, that in the draught federal law № 47538-6 «About modification of parts of the first, second, third and fourth Civil code of the Russian Federation, and also of separate acts of the Russian Federation», brought by the President of the Russian Federation in the State Duma on April, 3rd, 2012, three forms in which creation of noncommercial corporations is possible were provided: 1) consumer co-operative society; 2) public organisation; 3) association (union) [276 [277].

As it was marked by S.A.Denisov, in the bill the purpose of an exception of a public life of the same Cossack societies was not put or, for example, communities of the radical small people, and also occurrence (if necessary) new kinds of the noncommercial organisations was not forbidden. The bill purpose was the establishment of existing forms and support of possible occurrence of new kinds of the noncommercial organisations in civil-law sense, using the form of consumer co-operative societies, either the form of public organisations, or associations or the unions (in case of occurrence of the questions connected with corporations), or funds, establishments or the religious organisations in this connection in it the approximate list of kinds of the organisations noncommercial which concern to corresponding legal форме1 has been resulted.

Article 50 GK the Russian Federation contains legal forms of the noncommercial organisations having the status of legal bodies.

This list not opened, it is settling, that means that in other legal forms the noncommercial organisations cannot be created. From here follows, that at the subjects who are not possessing the status of the legal person if it is provided by the legislation, there is a possibility to be created and in other organisation-legal forms, except what are provided GK the Russian Federation. As, it agree ch. 6 given articles, to relations on realisation of the primary activity, to other relations with participation of the organisation noncommercial, not concerning a subject of regulation of the civil legislation, are not applied rules GK the Russian Federation, excluding those cases when other is statutory or the organisation charter.

So, according to item 12 of the Federal act from April, 2nd, 2014 № 44 FZ (red. From December, 31st, 2017) «About participation of citizens in public order protection» [278 [279] at the initiative of citizens of the Russian Federations which have expressed desire to participate in protection of a public order, national teams in the form of public organisation with the notice of local governments of corresponding municipal union (in subjects of the Russian Federation - cities of federal value Moscow and St.-Petersburg - public authorities of the corresponding subject of the Russian Federation if the law of the subject of the Russian Federation does not establish necessity of the notice of local governments of intracity municipal unions), territorial body of federal enforcement authority in sphere of internal affairs are created. Thus, such form of public organisation as a national team, GK the Russian Federation is not provided, but can be created according to the legislation.

As to such subjects who also have been not named in GK the Russian Federation as public chambers and social councils their status as the organisations is specific and it is defined by various authors ambiguously [280]. First of all features are expressed that the given organisations are formed, as a rule, by the state bodies. Meanwhile they can be subjects of administrative law. How it was already specified, according to Federal act item 9 «About public control bases in the Russian Federation», subjects of public control are:

1) Public chamber of the Russian Federation;

2) public chambers of subjects of the Russian Federation;

3) public chambers (councils) of municipal unions;

4) social councils at federal enforcement authorities, social councils at legislative (representative) and executive powers of the government of subjects of the Russian Federation.

In this connection given subjects it is possible to name state - public organisations, therefore to not state in the pure state them to carry it is impossible.

Not state noncommercial organisations - legal bodies, it agree ch. 3 items 50 GK the Russian Federation can be created in the following organizatsionnopravovyh forms: consumer co-operative society; public organisation; social movement; association (union); association of landowners; the Cossack society brought in the state register of the Cossack societies in the Russian Federation; a community of the radical small people of the Russian Federation; fund; establishment; the independent noncommercial organisation; the religious organisation; lawyer chamber; lawyer formation (being the legal body). They also can be subdivided on corporate and unitary.

In article 123.1 GK the Russian Federation is defined, that as the noncommercial corporate organisations legal bodies who do not pursue extraction of profit as a main objective of the activity are considered and do not mete the received profit between participants, founders which (participants) get the right of participation (membership) in them and form their supreme body according to item 1 of item 65.3 GK the Russian Federation.

The noncommercial corporate organisations existing in the form of consumer co-operative societies, public organisations, social movements, associations (unions), associations of landowners, the Cossack societies brought in the state register of the Cossack societies in the Russian Federation are included in number of corporate legal bodies - the noncommercial organisations, and also communities of the radical small people of the Russian Federation, lawyer chambers and the lawyer formations which are legal bodies.

To unitary legal bodies - to the noncommercial organisations are carried: funds, establishments, the independent noncommercial organisations, the religious organisations.

Available features in administratively-legal status not state noncommercial organisations are caused not only the criteria distinguishing them from the organisations commercial, but also signs of each organisation-legal form, basically expressed in a specific target orientation of their activity. Actually the choice of this or that form of the noncommercial organisation also defines the given criterion. And the purpose, in turn, should be necessarily reflected in the organisation charter.

So, as subjects of administrative law not state noncommercial organisations enter legal relations with enforcement authorities, in particular at realisation of federal state supervision by the last according to Position about federal state supervision of activity of the noncommercial organisations, approved by the Governmental order of the Russian Federation from July, 11th, 2012 № 705 (red. From December, 23rd, 2014) [281]. Point 6 of the given Position provides, that a subject of checks at supervision realisation is observance by noncommercial structures (excepting political parties, their regional branches and other structural divisions) legislative requirements and the purposes established by constituent instruments, including requirements on an expenditure of money resources the noncommercial organisations and to use of other property; observance by political parties, regional branches and other structural divisions of political parties of the legislation of the Russian Federation and conformity of their activity to positions, the purposes and the problems provided by charters.

Thus, conformity of activity of the organisation to its purposes provided in constituent instruments, is a subject of the check which are carried out by enforcement authorities.

As it was already specified, GK the Russian Federation allocates the general and special organisation-legal forms of the legal bodies who are the noncommercial organisations. In particular, the consumer co-operative society will be the general form in which frameworks legal bodies in special organisation-legal forms can be created: housing, building and garage co-operative society, gardening, ogorodnichesky and country consumer co-operative society, fund association, credit co-operative society, hire fund, agricultural consumer co-operative society.

According to ch. 1 item 123.2 GK the Russian Federation consumer co-operative society is the voluntary association of citizens based on membership or citizens and legal bodies for satisfaction of their material and other requirements which is carried out by association of property shares by its members. So, legal bodies can enter in housing or zhilishchnostroitelnyj co-operative society according to item 111 ZHK the Russian Federation.

That is, the purpose of activity of consumer co-operative society - satisfaction of material requirements of its members - is not absolutely characteristic for the organisations noncommercial which cannot to divide the received profit between the participants, members.

The exception is constituted by co-operative societies consumer. In the given organisations between members incomes from enterprise actively - are meted

sti [282].

The part the Russian Federation defines 2 items 123.2 GK, what data the charter of consumer co-operative society necessarily should contain. In it the name and the co-operative society location should be reflected, separate parts are devoted a subject and the purpose of its activity, conditions of the sizes of shares of members of co-operative society, structure and an order of entering of shares by its members, their liability of infringement of obligations on their entering, and also questions of structure and the competence of bodies of co-operative society and the method of adoption by them of decisions, including on questions are reflected, decisions on which are accepted unanimously or the special majority of voices, defines an order of a covering members of co-operative society of the losses suffered by it.

The name of consumer co-operative society should contain instructions on a main objective of its activity, and also a word "co-operative society". The fund association name should contain words «a consumer society». Transformation of consumer co-operative society to other form of the noncommercial organisation is carried out only by the decision of its members: public organisation, either association (union), or the independent noncommercial organisation, or fund. If the consumer co-operative society created as housing or building, considers, that it is necessary to change this form under the decision of the members it is allocated by the transformation right only in association of landowners.

Except positions GK the Russian Federations, on consumer co-operative societies extend positions of the Law of the Russian Federation from June, 19th, 1992 № 3085-1 (red. From July, 2nd, 2013) «About consumers' co-operative society (consumer societies, their unions) in the Russian Federation» 1, the Federal act «About agricultural cooperation», the Federal act from April, 15th, 1998 № 66-FZ (red. From July, 3rd, 2016) «About gardening, ogorodnicheskih and country noncommercial associations of citizens» [283 [284], the Federal act from July, 18th, 2009 № 190-FZ (red. From July, 3rd, 2016) «About credit cooperation» [285], section V «Housing and housing co-operatives» ZHK the Russian Federation.

So, Federal act item 4 «About agricultural cooperation» provides, that the co-operative society can be recognised by agricultural consumer if it was created by citizens and (or) the agricultural commodity producers leading a subsidiary personal economy provided that they necessarily should participate in its economic activities.

Co-operative societies consumer are the organisations noncommercial and depending on an activity kind share on marketing (trading), processing, supplying, serving, ogorodnicheskie, gardening, cattle-breeding and others, which are created according to requirements provided in item 1 of item 4 of the specified certificate to carry out one or several kinds of activity.

Features of administratively-legal status consumer co-operative society are defined by the purpose of its activity expressed in satisfaction of material requirements of members of co-operative society, based on consolidation of their property shares.

Follow to consider one more form which represents the corporate legal body - the noncommercial organisation - public organisation.

According to item 123.4 GK the Russian Federation as public organisation is considered the voluntary association of the citizens created in an order established by the legislation, on the basis of community of interests for satisfaction of spiritual, other non-material requirements, for representation and protection of common interests and achievement of other purposes which are not contradicting the law. The public organisation acts as the proprietor of the property. Its participants (members) do not keep property rights on transferred to the possession by them of the organisation property, including and membership dues. Participants (members) of public organisation do not answer for obligations the organisation in which participate in quality of members, and the organisation does not answer for obligations the members. Public organisations can be consolidated in associations (unions) in an order established GK the Russian Federation. Public organisation probably to transform to association (union), the independent noncommercial organisation or fund under the decision of its participants.

Such structures created in special organisation-legal forms concern public organisations, as political parties and the trade unions organised as legal bodies (the trade-union organisations), bodies of public amateur performance, territorial public self-management.

Such approach of the legislator to definition of special forms of public organisations should entail, as it was already specified, absolutely unjustified complex of additions and changes in the Federal act «About public associations». The specified standard legal act in item 12 provides creation of bodies of public amateur performance, speaking about them as about independent organisation-legal forms of associations of citizens along with their such form, as public organisation, and others. Now, following logic GK the Russian Federation, it is not considered any more by the independent form, and only a public organisation kind. According to Federal act item 8 «About public associations» at the heart of public organisation membership is put necessarily in pawn, and on sense of item 123.4 GK the Russian Federations can constitute public organisation both members, and participants. That the Federal act «About public associations» (item 8) conflicts to the item appears from the told 123.4 GK THE RUSSIAN FEDERATION.

As to territorial public self-management it agree ch. «About the general principles of the organisation of local government in the Russian Federation» it is considered 5 items 27 of the Federal act founded with that moment when registration of their charter by the authorised local body of corresponding settlement is carried out, intracity area, intracity territory of cities of federal value. The procedure for registration is defined in the charter of municipal union and (or) in the standard legal act of its representative body. Territorial public self-management, according to its charter, can be the legal body and come under to registration by corresponding state bodies in the form of the organisation not - commercial [286].

Now the given form is precisely defined GK the Russian Federation is a public organisation.

The draught federal law is developed for correction of a situation by the Ministry of Justice of the Russian Federation «About modification of separate acts of the Russian Federation regarding an establishment of features of regulation of activity of territorial public self-management as noncommercial organisation» in which, among other, it is offered to simplify the state data recording of the organisations by analogy to associations of landowners and, accordingly, to change an order of the control over their activity. Also the bill offers to add the list of kinds of activity which are defined for socially focused noncommercial organisations, with activity on development of territorial public self-management and support of civil initiatives at the decision of questions of local value [287].

Other kinds of public organisations - political parties and the trade unions created as legal bodies - and before introduction in action of new edition gl. 4 GK the Russian Federations corresponded to public organisation signs. They operate on the basis of Federal acts «About trade unions, their rights and activity guarantees», «About political parties».

Specificity of public organisations as subjects of administrative law is defined by their target orientation on contribution to satisfaction of spiritual, other non-material requirements of citizens, as well as on representation and protection of common interests and achievement of other similar purposes which are not contradicting the law.

Also corporate legal bodies - the noncommercial organisations according to item 123 GK the Russian Federations are considered the social movements which structure is presented by participants of the public association, the pursuing social, political and other socially useful purposes supported by participants of social movement.

Positions GK the Russian Federation, concerning the noncommercial organisations, are applied concerning social movements if other is not provided by the Federal act «About public associations». Available features in administratively-legal status social movements are caused by the purposes put in achievement of socially useful result at realisation of social, political and other activity at support of their participants.

The following organisation-legal form of the noncommercial corporate organisation is the association (union). According to item 123.8 GK the Russian Federation the association (union) is an association of legal bodies and (or) the citizens, based on voluntary or in statutory cases on obligatory membership and created for representation and protection of the general, including professional, interests, for achievement of socially useful purposes, and also others not contradicting the law and the purposes having noncommercial character. In the organisation-legal form of association (union) associations of the persons, having by the purposes coordination of their enterprise activity, representation and protection of the general valuable interests, the professional associations of citizens which do not have for an object protection of laws of master and servant and interests of the members, the professional associations of the citizens which have been not connected with their participation in labour relations (associations of notaries, appraisers, persons of creative trades, etc.), the self-adjustable organisations and their associations are created, in particular. The association (union) under the decision of the members can be transformed to public organisation, the independent noncommercial organisation or fund. Features of a legal status of associations (unions) of separate kinds can be established laws.

Number of special organizational-legal forms of associations (unions) concern, including noncommercial partnership, the self-adjustable organisations, associations of employers, associations of trade unions, co-operative societies and public organisations, trading-industrial, notarial chambers. Their status is regulated by Fundamentals of legislation of the Russian Federation about a notariate from February, 11th, 1993 № 4462-1 (red. From June, 29th, 2018) 1, Federal acts «About the noncommercial organisations», «About the self-adjustable organisations» [288 [289].

Also it is settled also by such federal acts as «About associations of employers» 1, «About trade unions, their rights and activity guarantees», «About public associations», «About torgovopromyshlennyh chambers in the Russian Federation» [290 [291] and other normative acts.

In item 123.9 GK the Russian Federation it is fixed, that the number of founders of association (union) cannot be less than two, but the laws establishing features of a legal status of associations (unions) of separate kinds, other requirements to the minimum number of their founders can be established. The charter of association (union) should contain data on its name and the location, a subject and the purposes of its activity, conditions and an order of the introduction (acceptance) of members in association (union) and an exit from it, data on structure and the competence of bodies of association (union) and the method of adoption of decisions, including on questions, decisions on which are accepted unanimously or special majority of voices, about property rights and duties of members of association (union), about an order of distribution of the property which has remained after liquidation.

Features of administratively-legal status association (union) are defined by their target orientation on representation and protection of the general, including professional, interests, on achievement of socially useful purposes, and also others not contradicting the law and the purposes having noncommercial character according to the legislation.

Article 123.12 GK the Russian Federation fixes a legal status of such corporation as the association of landowners representing voluntary association of proprietors of real estate (premises in a building, including in an apartment house, or in several buildings, apartment houses, country houses, gardening, ogorodnicheskih or the country ground areas, etc.) Created by them for tenancy in common, using and in statutory limits of the order property (things), owing to the law being in their joint property or in common use, and also for achievement of other purposes provided by laws. The charter of association of landowners should contain data on its name including words «association of landowners», the location, a subject and the purposes of its activity, structure and the competence of bodies of association and the method of adoption them of decisions, including on questions, decisions on which are accepted unanimously or special majority of voices, and also other data, statutory. The association of landowners under the decision of the members can be transformed to consumer co-operative society.

To number of associations of landowners are carried, including associations of proprietors of habitation. A legal status of the given not state organisations regulate the Federal act «About gardening, ogorodnicheskih and country noncommercial associations of citizens», section VI «Association of proprietors of habitation» ZHK the Russian Federation and other normative acts.

Associations of landowners as subjects of administrative law have differences with a view of which direction is tenancy in common, using and the order property (things), in the established limits owing to the law being in their joint property or in common use.

The Cossack societies which should consist registered in the state register of the Cossack societies in the Russian Federation are carried to corporations as to kinds of legal bodies - the noncommercial organisations. Article 123.15 GK the Russian Federation defines them as the associations of citizens created with a view of preservation of a traditional way of life, managing and culture of the Russian Cossacks, and also in other purposes provided by the Federal act from December, 5th, 2005 № 154-FZ (red. From May, 1st, 2017) «About public service of the Russian Cossacks» 1, voluntary taken up in an order, statutory, obligations on execution of state or other service.

According to specified article the Cossack society under the decision of its members can be transformed to association (union) or the independent noncommercial organisation.

Positions GK the Russian Federation about the noncommercial organisations are applied to the Cossack societies brought in the state register of the Cossack societies in the Russian Federation if other is not established by the Federal act «About public service of the Russian Cossacks».

Thus, administratively-legal status Cossack societies it is defined by the purposes named GK the Russian Federation and specified by the federal act.

The following form of corporations - not state noncommercial organisations is presented by a community of the radical small people of the Russian Federation.

According to item 123.16 GK the Russian Federation the community of the radical small people of the Russian Federation is a voluntary association of the citizens who concerning the radical small people of the Russian Federation and have consolidated on krovnorodstvennomu and (or) a territorially-neighbour's sign with a view of protection of a primordial inhabitancy, preservation and development of a traditional way of life, managing, crafts and culture. The community of the radical small people of the Russian Federation under the decision of its members can be transformed to association (union) or the independent noncommercial organisation.

Positions GK the Russian Federation about the noncommercial organisations if other is not statutory, are applied to communities of the radical small people of the Russian Federation. Concerning the given organisations the Federal act from July, 20th, 2000 № 104-FZ (red operates. From June, 27th, 2018) «About the general principles of the organisation of communities of the radical small people of the North, Siberia and the Far East Russian Federation» [292 [293].

The purposes of communities of the radical small people of the Russian Federation, connected with protection of a primordial inhabitancy of these people, preservations and developments of a traditional way of life, managing, crafts and culture, cause features in the status of such subjects at the introduction into jural relations under administrative law with enforcement authorities, officials.

Lawyer chambers being legal bodies and lawyer formations, also are included into number of the corporate noncommercial organisations.

Article 123 GK defines the Russian Federation, that lawyer chambers the noncommercial organisations based on obligatory membership and created in the form of lawyer chamber of the subject of the Russian Federation or Federal chamber of lawyers of the Russian Federation for realisation of the purposes, provided by the legislation on lawyer activity and legal profession admit. Thus the lawyer chamber of the subject of the Russian Federation, being the noncommercial organisation, is based on obligatory membership of all lawyers leading activity and registered in one subject of the Russian Federation. In turn, under Federal chamber of lawyers of the Russian Federation the noncommercial organisation in which lawyer chambers of subjects of the Russian Federation are consolidated on the basis of obligatory membership is considered.

All features in creation, a legal status and activity of lawyer chambers of subjects of the Russian Federation and Federal chamber of lawyers of the Russian Federation are defined in regulatory legal acts concerning lawyer activity and legal profession.

- legal bodies, being guided by item 123.162 GK the Russian Federation, it is possible to consider lawyer formations as the noncommercial organisations created according to the legislation on lawyer activity and legal profession with a view of realisation by lawyers of lawyer activity. The lawyer formations which are legal bodies, are created in the form of Bar, a lawyer bureau or legal aid.

Features of creation, legal status and activity of the lawyer formations which are legal bodies, are defined also by the legislation on lawyer activity and legal profession.

Administratively-legal status lawyer chambers and lawyer formations it is defined including the Federal act from May, 31st, 2002 № 63-FZ (red. From July, 29th, 2017) «About lawyer activity and legal profession in the Russian Federation» [294]. Its specific lines are caused by that according to item 29 of the given law regional lawyer chambers are created to provide rendering of the legal qualified help accessible to the population in territory of the corresponding subject of the Russian Federation, the organisations of the help which appears free of charge to citizens of the Russian Federation, protection and representations of interests of lawyers at the reference in public authorities, local governments, public associations and other structures, control of vocational training of the persons supposed to activity of the lawyer, and observance of the professional etiquette code by them. And according to the item 35 specified laws, the purposes for which the Federal chamber of lawyers is created are a protection and representation of interests of the given subjects in bodies of the state, local bodies, and also coordination of activity concerning lawyer chambers, maintenance of the help rendered by lawyers at high level.

Funds concern the noncommercial unitary organisations first of all.

Article 123.17 GK the Russian Federation under fund with a view of GK the Russian Federation admits the unitary noncommercial organisation which does not have memberships, founded by citizens and (or) legal bodies on the basis of voluntary property payments and pursuing charitable, cultural, educational or other social, socially useful purposes. The fund charter should contain data on the name of fund including a word "fund", a place of its finding, a subject and the purposes of its activity, on fund bodies, including on the higher collegiate body and on a board of guardians which is carrying out supervision of activity of fund, an order of appointment of officials of fund and their clearing of discharge of duties, destiny of property of fund in case of its liquidation.

Funds concern, including public and welfare funds as specific organizational-legal forms. Their legal status is regulated also by other normative acts, namely Federal acts «About the noncommercial organisations», «About public associations», «About charities and dobrovolchestve (volonterstve)», «About not state pension funds», etc.

Thus, administratively-legal status fund will distinguish aiming at achievement of charitable, cultural, educational, other socially useful problems on the basis of use of the property payments brought on a voluntary basis.

Establishments also are considered as the unitary noncommercial organisations. According to item 123.21 GK the Russian Federation they can be created by the proprietor for realisation of administrative, socially-cultural or other functions of noncommercial character. The founder is the proprietor of property of the establishment created by it. On the property fixed by the proprietor behind establishment and got by it on other bases, it gets the operational administration right according to GK the Russian Federation.

negosudarstvennoe can be created the citizen or the legal body. At establishment creation it is not supposed souchreditelstvo several persons. If the establishment was created about day of coming into force of the Federal act «About modification of chapter 4 of a part of the first G a passion - danskogo the code of the Russian Federation and about a recognition become invalid for separate positions of acts of the Russian Federation» with the assistance of several founders it does not come under to liquidation on the specified basis, and under the decision of the founders can be transformed, having received the status of the independent noncommercial organisation or fund.

The appointed head is establishment body. Under the decision of the founder in it the collegiate bodies accountable to it can be created. The competence of the collegiate bodies of establishment, an order of their creation and acceptance of decisions are defined by them the law and the charter.

Special organisation-legal forms of establishments - not state organisations are private (including public) establishments. The legal status of private establishments is regulated item 123.23 GK the Russian Federation according to which the private establishment is in full or in part financed by the proprietor of its property and can be transformed the founder to the independent noncommercial organisation or fund.

Also the legal status of establishments is regulated also by other normative acts, namely Federal acts «About the noncommercial organisations», «About public associations», etc.

Activity of establishments is directed on achievement of administrative, welfare and other purposes according to the legislation, as defines their features administratively-legal status.

The unitary organisations are also the independent noncommercial organisations. Article 123.24 GK fixes the Russian Federation, that the independent noncommercial organisation the unitary noncommercial organisation not having memberships and created on the basis of property payments of citizens and (or) legal bodies with a view of granting of services in education spheres, public health services, culture, a science and other spheres of noncommercial activity admits. The independent noncommercial organisation can be created one person (can have one founder).

In the charter of the independent noncommercial organisation data on its name including words «the independent noncommercial organisation», the location, a subject and the purposes of its activity, structure, an order of formation and the competence of bodies of the independent noncommercial organisation, and also other statutory data should be reflected.

Founders of the independent noncommercial organisation can use its services only on equal terms with other persons. The person can leave structure of founders of the independent noncommercial organisation at own discretion. Under the decision of founders of the independent noncommercial organisation, accepted unanimously, in structure of its founders new persons can be accepted. The independent noncommercial organisation under the decision of the founders can be transformed to fund.

Such organisation has the right to be engaged in the enterprise activity necessary for achievement of the purposes for the sake of which it is created, and corresponding to these purposes, creating for realisation of enterprise activity economic societies or participating in them.

In the part which have been not settled GK the Russian Federation, a legal status of the independent noncommercial organisations, and also the rights and duties of their founders are established by the law. Concerning the independent noncommercial organisations the Federal act «About the noncommercial organisations», the status fixing them in item 10 operates.

The part defines 5 given articles, that when the founder of the independent noncommercial organisation appears the Russian Federation, the subject of the Russian Federation or municipal union, the order of participation of their representatives in controls of the independent noncommercial organisation is established by the Government of the Russian Federation, public authority of the subject of the Russian Federation or municipal body. In that case not all independent noncommercial organisations will be be not state. Thus, everything will concern not state independent noncommercial organisations, except the founded Russian Federations or the subject of the Russian Federation.

Management of the activity which is carried out by the independent noncommercial organisation according to item 123.25 GK the Russian Federation is carried out by founders as it should be which is established in the charter, them approved. Under the decision of founders (founder) of the independent noncommercial organisation in it constantly operating collegiate body (bodies) which competence is established by the charter can be created. Founders (founder) independent nekommerche - skoj the organisations appoint an individual executive office of the given organisation (the chairman, the general director, etc.). It can be the citizen who is one of its founders.

The purposes of activity put by the independent noncommercial organisation, its defining features it is administrative-legal status, cultures, sciences and other spheres of noncommercial activity on the basis of property payments of citizens and legal bodies consist in granting of services in education spheres, public health services.

Eshe one organisation-legal form of the noncommercial unitary organisation is the religious organisation.

Article 123.26 GK fixes the Russian Federation, that the religious organisation is understood as voluntary association constantly and on lawful basises living on territory of the Russian Federation of citizens of the Russian Federation or other persons, formed by them with a view of joint confession and distribution of belief and registered in a statutory order as the legal person (the local religious organisation), association of these organisations (the centralised religious organisation), and also created by the specified association according to the law on a freedom of worship and on religious associations with a view of joint confession and distribution of belief the organisation and (or) the supervising specified association supervising or co-ordinating body created by specified association.

The positions established in GK the Russian Federation, are applied to the religious organisations if other is not established by the Federal act «About a freedom of worship and about religious associations» and other laws.

The religious organisations operate according to the charters and the internal establishments which are not contradicting the law.

The order of formation of bodies of the religious organisation and their competence, the method of adoption of decisions these bodies, and also relations between the religious organisation and the persons who are a part of its bodies, are defined according to the Federal act «About a freedom of worship and about religious associations», the charter and internal establishments of the religious organisation. The religious organisation cannot be transformed to the legal body of other organisation-legal form.

By article 123.27 GK the Russian Federation it is established, that the local religious organisation is created according to the law on a freedom of worship and on religious associations not less than ten citizens-founders, the centralised religious organisation - not less than three local religious organisations or other centralised religious organisation. The constituent instrument of the religious organisation is having got tired, approved its founders or the centralised religious organisation. The charter of the religious organisation should contain data on its kind, the name and the location, a subject and the purposes of its activity, structure, the competence of its bodies and the method of adoption them of decisions, on sources of formation of its property, on directions of its use and an order of distribution of the property remaining after its liquidation, and also other data provided by the Federal act «About a freedom of worship and about religious associations».

The founder (founders) of the religious organisation can carry out functions of controls or members of the collegiate body of management of the given religious organisation in an order established in the law, the charter of the religious organisation and internal establishments.

Internal establishments of the religious organisations are characterised in Federal act item 15 «About a freedom of worship and about religious associations»: «the Religious organisations operate according to the internal establishments if they do not contradict the legislation of the Russian Federation, and possess the legal capacity provided in their charters; the state respects internal establishments of the religious organisations if the specified establishments do not contradict the legislation of the Russian Federation».

The religious organisations also enter in various administratively - the legal relations which features are in many respects caused by their purposes of joint confession and belief distribution.

- the noncommercial organisations of item 65.1 GK the Russian Federations are carried to number of unitary legal bodies also the public companies.

The Public company is the unitary noncommercial organisation created by the Russian Federation is perfectly in order, which is established in the federal act, functions and which powers have public character, and carried out activity is carried out proceeding from interests of the state and общества1.

Thus, the public companies should not be carried to not state organisations.

Attempt of streamlining of system of not state noncommercial organisations in gl. 4 GK the Russian Federation, in Federal act edition «About modification of chapter 4 of a part of the Russian Federation first the Civil code and about a recognition become invalid for separate positions of acts of the Russian Federation», it is necessary to consider as a necessary step to development of the legislation on the given kinds of the organisations, but not deprived specified above lacks.

As S.A.Denisov is marked: «By estimations of developers of the project of a part of the first GK the Russian Federation, accepted in 1994, anybody at that time did not assume, that owing to the open list of forms of the noncommercial organisations provided in the Code the legislation in the given sphere will be created so actively and irregularly. The condition of this legislation is that, what even experts disagree concerning number of forms of the noncommercial organisations existing for today (different experts total from 20 to 40 forms). Such variety of forms is obviously superfluous also anything, as a rule, is not justified» 2. It is difficult to disagree with this position.

But to tell, that GK the Russian Federation were given by the list of organisation-legal forms of the noncommercial organisations more exhaustively, too it is impossible, as it has provided [295] only organisation-legal forms in which legal bodies can be created.

As to the list where organisation-legal forms of the noncommercial organisations - legal bodies named GK the Russian Federation within the limits of the cores special forms also can be added according to the legislation are included, and their list, thus, is not settling.

At the same time the side between the commercial and noncommercial organisations in connection with kommertsializatsiej activity of the last is gradually lost. The noncommercial organisations actively carry out activity bringing in the income. On the contrary, the organisations pursuing the aim of extraction of profit, aspire to pass in noncommercial sector owing to system of the state support more developed here. But organisation characteristics as commercial or noncommercial essentially influence its features administratively-legal status. In particular, for example, on it depends simplified (for the commercial organisations) or, on the contrary, more difficult (concerning the noncommercial organisations) an order in which there is a state registration as the legal person, the subsequent procedure of the control over observance of corresponding norms and rules in their activity, etc.

Having generalised signs of the noncommercial organisations as subjects of administrative law, it is possible to offer their following definition.

The noncommercial not state organisation is a kind of the organisation consisting of individual subjects, acting is personified, realising own rights and duties in the jural relations under administrative law, created without participation of the state, purposeless extraction of profit as the basic in the activity for which the state registration is obligatory only in cases, statutory.

It is necessary to notice and that there is an interosculation of norms administrative and civil law. For example, bases administrativnopravovogo institute of the state registration of legal bodies are put in pawn in item 51 GK the Russian Federation, and in the course of the given procedure enforcement authorities also check observance of norms GK the Russian Federation.

So, according to the Ministry of Justice of the Russian Federation in registration of public organisations, as a rule, refuses, as in their charters requirements are not reflected: item 65.3 GK the Russian Federation (to structure of controls); item 123.5 GK the Russian Federation (to volume of the data containing in charters); item 123.17 GK the Russian Federation (on an interdiction of reorganisation of fund) and other 1

Unequivocally that positions GK the Russian Federations about legal bodies should find the further concrete definition in the legislation including in administrative which norms regulate the status of not state organisations as subjects of administrative law.

First of all, it is necessary to harmonise norms GK the Russian Federation, the Federal act «About the noncommercial organisations», the Federal act «About public associations», including concerning activity of the noncommercial organisations allocated with public powers.

Concerning the last as well as commercial, courts, recognising as their those, do not result for this purpose corresponding bases.

So, for example, by the decision of the Arkhangelsk provincial court from June, 2nd, 2016 № 4а-181/2016 it has been defined, that such noncommercial organisation as the Fund of major repairs of apartment houses of the Arkhangelsk area, realises the activity connected with realisation of publicly significant functions and consequently is obliged to observe Federal act requirements «About an order of consideration of references of citizens of the Russian Federation» in the course of consideration of references of tenants concerning major repairs of apartment houses and to give on them answers in statutory term [296 [297]. Why the organisation is recognised by carrying out publicly significant functions, in the court decision is not reflected.

In this connection in the Federal act «About the noncommercial organisations» it is necessary to fix actually concept of the noncommercial organisation allocated with public powers (the appendix 3 see). The given concept should be formulated, proceeding from definition of the noncommercial not state organisation allocated with public powers. It is necessary to understand as it, being guided by signs of the public powers considered earlier, and signs of the noncommercial organisations which are subjects of administrative law, the organisation - legal bodies, purposeless receptions of profit as the basic in the activity, consisting of the individual subjects, the states created without participation, acting it is personified, the realising statutory powers which are beyond relations in the organisation, that is concerning other subjects who are not its members or participants, under the control and supervision of bodies state or municipal authority.

The concept and structure of administratively-legal status not state organisations will be considered further.

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A source: Soboleva Julia Viktorovna. administratively-legal status not STATE ORGANIZATIONS. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Saratov, 2018. 2018

More on topic § 2.3. The noncommercial organisations as a kind not state The organisations:

  1. § 2.2. The commercial organisations as a kind of not state organisations
  2. Section I. Not state organisations as a kind of subjects of administrative law
  3. § 1.1 Noncommercial organisations as subjects of an inconsistency
  4. Paragraph 2.2 the Legal capacity of the noncommercial organisations.
  5. Factors of occurrence of crisis in the noncommercial organisations
  6. Identification of crises in activity ofthe noncommercial organisations
  7. Definition of a problematics and tendencies of strategic development of the noncommercial organisations in the conditions of uncertainty and risk
  8. § 2.3 External management of the noncommercial organisations at bankruptcy
  9. § 2.2 Financial improvement at an inconsistency of the noncommercial organisations
  10. the Analysis of a modern condition of the noncommercial organisations to Russia, a role and a place of the crisis phenomena in their activity
  11. § 2.1 Supervision as bankruptcy procedure At an inconsistency of the noncommercial organisations
  12. System of indicators of an estimation of activity of the noncommercial organisations in the conditions of realisation of anti-recessionary strategy of development
  13. Functions, principles and methods of strategic management of the noncommercial organisations in the conditions of crisis
  14. § 1.2 Concepts and signs of an inconsistency (bankruptcy) of the noncommercial organisations
  15. § 4.1. The purposes of activity of not state organisations
  16. § 5.2. The characteristic of ways of creation of not state organisations
  17. § 1.3. Characteristic signs of not state organisations, their concept
  18. § 7.1. Classification of measures of the administrative compulsion applied concerning not state organisations
  19. § 5.1. Ways of creation of not state organisations
  20. § 1.2. Genesis of legal bases of a regulation not state The organisations