Local executive authorities keep records of public associations created and operating on their territory.
To register a public association, within a month from the date of its establishment, an application is submitted, signed by the authorized representatives of the founders, indicating their place of residence. The application shall be accompanied by the charter (regulations, other basic document) and the minutes of the constituent assembly.
An application for registration of a public association is considered within two months from the date of its receipt.
Changes and additions to the charters (regulations, other basic documents) of public associations are subject to registration in the same manner and terms as the registration of public associations.
The bodies that register public associations maintain a register of these associations.
Public associations or their organizations (bodies) from the date of their registration are recognized in accordance with the law as legal entities.
The registration of a public association may be refused if the charter (regulation, other basic document) of this public association contradicts the requirements of Articles 3 and 4 of this Law, or if a public association with the same name was previously registered. In this case, the applicants are informed about this in writing, indicating the reasons for the refusal.
Refusal to register a public association may be appealed against in court within three months.

Registration of a public organization in Russia— a set of measures aimed at opening an NPO and the subsequent conduct of legal activities. To avoid difficulties in the registration process, it is important to follow the above algorithm or involve specialists in the field of registration. In the second case, the registration costs will be higher. Consider step-by-step instructions on how to register an NPO on your own.

What is a non-profit organization?

A non-profit organization is one of the forms of activity of a legal entity planning further work in the social sphere. At the present stage, NGOs are regulated at the legislative level, and various measures are provided to support such areas.

In order to successfully register a public non-profit organization, you should pay attention to a number of nuances:

1. Current legal requirements.
2. Goals and objectives that are set for the organization. It is important that they comply with the law.
3. Documents to be submitted for registration.

The legislation of the Russian Federation stipulates that an NPO is an organization whose main goal is not to receive income and distribute it among the founders. Such structures, as a rule, are formed to work in the social sphere, for the benefit of society. When creating an NPO, there are no restrictions on the period of validity, unless other requirements are established in the charter. A non-profit organization can work in various fields - charitable, cultural, educational, scientific, health care and many others.

The main forms of NGOs include autonomous, public and religious organizations, social and charitable foundations, Cossack formations, communities of indigenous peoples of the Russian Federation and others.

Who has the right to create a non-profit public organization?

Ordinary individuals - foreigners or Russian citizens, as well as companies can act as the founder of an NPO. The number of participants in such societies at the state level is not limited. There may be situations when a public organization has only one member. The latter option is excluded for the following forms of activity - unions, associations and partnerships.

Members of an NPO can be:

• Individuals (must be legally capable) or legal entities.
• Foreigners who are legally in the country.

NPO founders cannot be:

1. Foreigners or stateless persons for whom there is a ban on being in the territory of the state.
2. Entities that are on the list subject to the Federal Law on money laundering and terrorist financing.
3. Associations (public or religious), whose activities are prohibited on the territory of the Russian Federation under the Federal Law on extremist activity (Article No. 10).
4. Subjects who, by a court decision, are involved in extremist activities.
5. Persons who do not meet the requirements of the legislation that determine the procedure for the creation, registration and liquidation of a non-profit organization.

When creating a public organization, constituent papers play a key role. They contain information about the goals of the activity, the structure of the company, as well as the conditions for its work in the future. It is this documentation that registering authorities study when considering an application for registration. According to the federal laws of the Russian Federation, the main constituent paper is the charter, which is approved by the participant (owner) of the NPO.

The founding documents must contain the following information:

• The name of the NPO with a description of the directions and forms of activity.
• The legal address at which the public structure is registered.
• Goals and subject, as well as the principles of activity management.
• Rights and obligations of founders.
• Data about departments and representations of the organization.
• The nuances of the exit of the founders from the NPO and the subtleties of admission.
• Features of making amendments to constituent papers.
• Sources of creation of property, as well as the procedure for its application.

Registration of an NGO - step by step

Today, the Ministry of Justice of the Russian Federation takes over the task of registering NGOs. It is this body and its branches in various parts of the country that perform the work of receiving applications and checking documents. In addition, it is they who make decisions on the reorganization or liquidation of such companies. Making amendments to the constituent documentation or including a newly created structure in the Unified State Register of Legal Entities is also the task of the Ministry of Justice. The registration process takes place in several stages.

Search for founders

It has been discussed above who, under the law, has the right to become a member of an NPO - a company or an individual that does not have prohibitions at the legislative level.

Determination of the direction of activity

When going through this stage, it is worth considering the following nuances:

1. It is important that the type of activity corresponds to the goals for which the non-profit organization is being created.
2. In the charter of the structure, it is important to prescribe all types of activities that the NPO plans to conduct.
3. The Unified State Register of Legal Entities provides complete information regarding the activities of such structures.

Name choice

Special attention is paid to the choice of the name of the NPO. It has a number of requirements:

• Use of Russian language only.
• Indication of the form and type of activity.
• Registration of the name is obligatory, because otherwise it can be used by other persons.
• It is important to be careful when used in the name "Russian Federation". There are a number of nuances that you should familiarize yourself with before starting registration.

Determining the legal address

The next step is to choose a legal address for the organization. There are only two main rules here. First, you need to specify a real yuradres. Secondly, if the object is leased, the lease agreement must be submitted to the Ministry of Justice. If the office is owned by the founder himself, supporting papers will be required.

Collection and transfer of documentation

Now it is necessary to collect documents for registration of a public association. The package of papers includes:

1. Statement. The application form upon creation can be taken from the registration authority. The document is drawn up in two copies.
2. Constituent papers, or rather, the charter (in triplicate).
3. The decision to establish an NPO, as well as to approve the constituent papers. This requires an indication of the composition of the appointed bodies. Quantity - 2 units.
4. Papers confirming the payment of state duty (receipt) - 2 units.
5. Information about the participants of the NPO — 2 items.
6. Data on the legal address of the public organization where it can be contacted (if necessary). As an option, the transfer of a lease agreement or a certificate confirming the right to own the object.
7. Papers confirming the possibility of using in the name of the NPO the name of the founder, symbols prohibited by the laws of the Russian Federation, and so on.
8. An extract from the register of legal entities of the country where the founder is from, or another paper of equal effect confirming the status of a foreign participant.
9. An application for inclusion of an NPO in the relevant register, which reflects public organizations that play the role of a foreign agent.

The Ministry of Justice of the Russian Federation does not have the right to demand other papers, except for those included in the list discussed above.

Payment of state duty

The next step is to pay a state duty, the amount of which in relation to NCOs is 4,000 rubles. But there are a number of nuances here:

• The cost of state registration of a legal entity is 4,000 rubles.
• Registration of a political party (branches by region) - 3,500 rubles.
• Public organization of the disabled — 1,400 rubles.
• Entering information into the state register of SROs - 6,500 rubles.

After payment, it is important to note that the receipt indicated the name of the person submitting papers for state registration.

Transfer of papers to the Ministry of Justice

As soon as all the documentation is prepared and the registration process is paid, it is required to transfer a package of papers to the Ministry of Justice. No more than 3 months are allocated for this, starting from the day the decision to open an NPO was made.

The transfer can be carried out in person or through the public services portal, where the required forms are available to fill out.

Obtaining a certificate

If the Ministry of Justice has issued a positive decision, the applicant receives a Certificate confirming the successful registration of the NPO. This is for up to one month. The paper guarantees the success of the registration procedures. The following information is noted in the certificate - personal code (registration number), legal address, as well as the name of the NPO.

As noted, state bodies have no more than a month to complete registration procedures. In practice, registration is faster - up to two weeks from the date of transfer of papers. This is possible if the Ministry of Justice has no claims against the applicant from the standpoint of the transferred documentation and other aspects of future activities.

Further, the information goes to the Federal Tax Service to include information about the created organization in the Unified State Register of Legal Entities. Based on the information received, data on the new public organization is included in the register within five days, and the next day the tax service reports on the work done to the Ministry of Finance of the Russian Federation. Employees of the latter prepare and submit a certificate of state registration within up to 3 days. That is why the process is delayed for up to 30 days.

Subtleties of the application

One of the main documents in the process of creating an NPO is an application submitted to the Ministry of Justice. A member of the organization prepares a paper in two versions, after which he signs it. Filling out the application is carried out according to the generally accepted form P11001. The correct template can be found on the website of the Ministry of Justice. There are also other samples of papers that are required for registration procedures.

In the application for the creation of an NPO, the following information is required - full name, telephone number, and address of the participant. The signature of the applicant, certified by a notary, is required. A second statement is also written with a signature, which is made by hand (a copy of the first paper is not allowed).

What to do if registration is denied?

The Ministry of Justice of the Russian Federation has the right to make a decision whether to register an NPO or refuse to provide such a service to the applicant. In addition, such a decision in the regions is made by its territorial bodies. If all the papers are collected and filled out correctly, claims rarely arise. But situations are possible when the authorized body refuses to create a public organization of a non-profit type. There are a number of reasons for this:

1. Constituent or other papers that are submitted to the Ministry of Justice of the Russian Federation for consideration and registration of an NPO are in conflict with the laws and the Constitution of the Russian Federation.
2. The name of the structure carries elements of an insult to morality, as well as religious and national feelings.
3. The package of papers required for the creation of an NCO is not fully formed and does not comply with the requirements of the legislation of the Russian Federation. The reason for the failure is often the transfer to the wrong structure.
4. The founder of an NPO is a person who, taking into account the Federal Law, does not have the right to perform such a function.
5. The papers submitted for consideration contain information that is erroneous and does not correspond to the real state of affairs.

If an applicant is denied the right to establish an NPO, he has two options - to accept the refusal and stop trying to create a public organization of this type, or to pursue the goal. By law, it is not forbidden to collect and transfer a package of papers for registration again, but on condition that the reasons for the refusal are eliminated. Secondary filing of papers is carried out taking into account the requirements of the Federal Law on NCOs.

As can be seen from the article, the process of creating an NPO is quite laborious and requires a certain amount of time to collect papers, transfer them and wait for the decision of the Ministry of Justice or its representatives in the regions. But with the right approach, the entire process, from making a decision to obtaining a certificate, can take no more than two months.

Free association to protect their legitimate interests is one of the human and civil rights specified in the Basic Law of the State. Of course, not every collective entity falls under this rule. Only a group operating on a permanent basis, created and entered in the state register, can be recognized as a public association and fall under the protection of Art. 13 of the Constitution of the Russian Federation.

Definition of a public association

The specified right of citizens is realized both in the form of direct association in a collective, and through registered organizations - public associations. The latter option is more preferable for those who are aimed at achieving specific results (public control, legislative initiative), and not just expressing their active position. A registered public association is protected by the state, has the opportunity to defend its rights and interests, participate in elections and referendums (if it sets itself such a goal and indicates this in the charter), as well as defend the interests of its own or its members in court.

Article 5 of the Federal Law of May 19, 1995 No. 82-FZ defines public associations as created on a voluntary basis, non-profit, self-governing formations of citizens with common interests, united to achieve common goals.

Conditions for creating an association

Before creating a public organization, you should make sure that the formation meets the following conditions:

1. Voluntary nature of creation - the association is established on the initiative of citizens or legal entities who wish to become its founders. Prior permissions (approvals) for this process are not required, and the founders must be connected by a common interest.
2. Self-management - the initiative and independent adoption by the participants of all decisions on the management of the association, including the determination of the structure, management and financial and auditing bodies.
3. Non-commercial nature - associations do not conduct activities related to the regular receipt of profit, which is subsequently distributed among the participants.

This is a fundamental difference that separates such formations from commercial legal entities.

Organizational types of associations

Forms of a public organization is a set of conditions and features established in the current legislation that are characteristic of a certain category of public associations, consisting of a description of the goals of creation, the order of relationships between participants and third parties, as well as the procedure for managing property and income.

The choice of the form of the created association is the prerogative of its founders.

1. Public organization. A common form of organizational and legal structure, the features of which are mandatory membership (documented) and joint activities to achieve the goals. For example, public organizations are trade unions, consumer societies, homeowners associations.
2. Social movement. This form is characterized by mass character, with the absence of registered membership and without the need to maintain constant communication and activity. It is aimed at satisfying the non-material interests and desires of citizens (charity, culture, education, ecology, animal protection, etc.). Social movements can bring together a large number of people of different ages and status, which, accordingly, allows organizing crowded events.
3. Public fund. The activity of such associations is quite specific, since it consists in the formation and management of property, which is subsequently directed to the statutory goals. The sources of welfare of the funds are voluntary contributions, donations and other non-prohibited receipts. In this case, the transfer of property to the founders is unacceptable.
4. Public institution. There is also no registered membership here, but its activities are limited to the provision of services of a certain type, aimed at achieving statutory goals.
5. Organ of public initiative. Such public associations arise at the place of residence, work or study and are aimed at resolving the social problems of those who are part of the formation itself. Amateur bodies include people's teams, parent committees, voluntary fire brigades, library councils, etc.
6. Political Party. This form of public association aims to involve citizens of the Russian Federation in the political life of society in the form of forming their convictions and positions, participating in actions (rallies, marches, pickets, demonstrations), in elections at various levels and referendums, as well as to represent interests.

In addition to organizational forms, there are many other criteria for classifications. For example, depending on whose protection the association operates, there are children's and youth public organizations, societies for the protection of the disabled, participants in the Second World War, a society for the blind, and so on.

Associations and unions of public associations

Public organizations of various forms can be formed into unions and associations to achieve better results in their work. Members of such a collective association participate in its management through their representatives.

At the same time, the forming feature of associations is the uniformity of all participants (uniformity of forms of associations), and for unions - the commonality of the goals for which it is created. It is also possible that an association becomes a member of the union, which can be called a primary collective public association.

The Union of Public Organizations, like the association, in its work focuses mainly on coordinating the work of its members and increasing its efficiency. These goals are achieved by holding joint events, exchanging information and attracting financial resources.

To achieve an effective result, collective associations are registered as legal entities. Then the association and the union get the opportunity not only to confer and develop a common strategy of activity, but also to form financial and material resources for the implementation of various projects, programs and events.

The creation of an association or union, taking into account the fact that legal entities act as founders, is similar to the procedure for registering any public association. However, the volume of the constituent agreement is much higher, since its content should describe in detail the relationship of the parties (members of the union or association) for an indefinite period, establish rights and obligations, responsibility and the procedure for interaction.

The property of a collective association is formed at the expense of regular receipts of participants. The amount and procedure for making contributions must be determined in the memorandum of association and articles of association. The assets of an association or union may be generated from the following sources:

• regular or one-time membership fees;
• donations (including targeted donations);
• proceeds from the sale of products, the fulfillment of orders and the provision of services;
• dividends and other income (interest on shares, securities, deposits);
• income from property (rent, etc.).

Territorial levels of associations

Russian public organizations differ not only in the forms of organizational structure, but also in the territory in which they operate. Currently, the following levels can be distinguished:

• All-Russian public organization - has branches, representative offices or departments in more than half of the regions of the Russian Federation.
• Interregional public organization - has independent structural units and operates on the territory of less than half of the country's subjects.
• Regional public organization - carries out activities within one subject of Russia (territory, republic, region). To obtain this status, it is necessary to indicate in the charter that the work will be carried out within a certain territory.
• Local public organization - carries out work on the implementation of statutory goals within the boundaries of a local government body (administrative district, district or settlement). Despite the small space for activities, local associations, as well as regional ones, have the right to create their own branches and representative offices and further increase their territorial level.

Children's and youth associations

Public organizations in Russia, whose activities are aimed at the development and protection of children and the younger generation, deserve special mention. Their creation and work are regulated not only by the Federal Law of May 19, 1995 No. 82-FZ, but also by international documents - the Geneva Declaration of the Rights of the Child of 1924 and the UN Convention on the Rights of the Child of 1984.

Children's public organizations have a positive social and moral orientation and are considered as a significant factor in the development of the next generation of society. The right to participate in the work and the status of an active participant in a children's public association is received by minor citizens who have reached the age of 8 years. However, they cannot be founders and participate in management, as they do not have sufficient civil legal capacity.

Youth public organizations have the right to include age restrictions for participants in the statutory documents. Thus, the age category of members will demonstrate that the public formation belongs to youth associations.

Documents for registering an association

The freedom of civil society is also manifested in the order of the creation of public organizations in Russia. They are considered created not from the date of state registration, but from the moment a decision on their creation is made at a conference or general meeting of founders. Thus, the state recognizes the right of citizens to association as realized in fact from the moment of the corresponding expression of will.

The procedure for registering associations is carried out according to the norms of Art. 21 of the Federal Law of May 19, 1995 No. 82-FZ and consists of 2 stages: making a decision and making an entry on the creation of a legal entity in the Unified State Register of Legal Entities. From the moment the latter is committed, the public association acquires its legal capacity.

The list of documents for registering a public association is defined in paragraph 28 of the Administrative Regulations, approved by Order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455. It includes:

1. Application for registration. The application form R11001 is used, approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6 / [email protected] The relevant columns of this application contain information about the founders and the address (location) of the permanent governing body.
2. Charter of an association or association (union) of public associations in 3 copies, stitched and numbered.
3. Constituent agreement (agreement) or an extract from the minutes of the founding conference (congress, meeting, meeting). The latter should contain information about the creation of the association, the approval of the charter and the formation of governing and auditing bodies.
4. A document confirming the payment of the state fee, the amount of which is determined in paragraph 1 of part 1 of Art. 333.33 of the Tax Code of the Russian Federation and amounts to 4,000 rubles. Payment is made on behalf of the applicant as an individual.
5. Protocols of constituent meetings (conferences, congresses) of structural divisions for all-Russian, interregional and international associations. A regional public organization does not provide additional documents, even if it has branches and departments within the subject.
6. In the case of using a personal name or a copyrighted sign in the name (symbols, motto), permission to use it is attached to the package of documents.

A set of documents is submitted for registration no later than 3 months from the date of the constituent assembly. The process of entering the association into the register as a legal entity should last no more than 17 days. This is 3 times longer than for commercial associations and is due to the specifics of the status.

Requirements for founders of associations

The process of creating an organization begins with a voluntary initiative of its founders, who decide on the need for the emergence of a public formation to protect their own and public interests, to achieve joint goals. Before creating a public organization, it is necessary to check how its founders meet the requirements of the founders of public associations.

The number of founders cannot be less than 3, but the maximum size is unlimited, which allows the social movement to flourish. The origins of public organizations can be individuals and legal entities (non-profit associations), which, within the framework of formation, will have equal rights and obligations.

The main conditions for founders and members of a public association are 18 years of age and full legal capacity. The only exceptions are members of children's and youth associations, where the age can start from 8 and 14 years old, respectively.

Despite the fact that the Federal Law of May 19, 1995 No. 82-FZ speaks exclusively about citizens, foreigners and stateless persons who are legally in the country can also act as the founder of an organization or movement.

1. Foreign citizens and stateless persons included in the "black lists" of the Russian Federation.
2. Persons (people and organizations) included in the list of suspects in extremist and terrorist activities.
3. Public associations of various forms banned in the Russian Federation (“Right Sector”, “Islamic State”, “Bloody Harvest Union”, etc.).
4. Individuals who are held in places of deprivation of liberty by a court decision. And we are talking only about serving real terms, but not about those under the condition of early release.
5. Bodies of state power, local self-government of any levels. However, this restriction does not apply to state and municipal employees as individuals.

The founders are not required to obtain permission or notify the authorities of their decision to create a public association, since the state should not exert any influence on its activities.

Charter of a public association

Details of the structure, future activities, features of relations between participants and other provisions are described in the charter, which is the founding document of the association. The content of this document, in general terms, consists of the following:

1. General information about the created public association - name (full, abbreviated), address, organizational form and territory within which activities are carried out.
2. The goals of the association, which is understood as the intended result of its existence. It should be borne in mind that the intentions declared in the charter cannot be related to entrepreneurial activity, that is, making a profit. A public organization of Russia should strive to achieve social, charitable, cultural, educational and scientific goals, as well as the goals of protecting health, meeting spiritual and other non-material needs, protecting rights and legitimate interests, peacefully resolving conflicts, providing assistance (psychological, legal, material) . The list of good intentions is very long and is always compiled with association in mind.
3. A detailed description of the structure of the association, managing and financial and auditing bodies with a description of their powers, the procedure for formation and work. The rights of public organizations to determine the competence, formation and term of office of the governing bodies are very broad. Periodic conferences, general meetings, the board, the council of the association, the board of trustees (for foundations) can act as them. In general, all management structures are divided into higher, which determine the direction and principle of work, and executive, responsible for the current management. The audit bodies, in turn, exercise control over the financial activities of the public association, directing the accumulated property to fulfill the statutory goals.
4. Regulations on the replacement and reorganization of the governing and control and financial bodies at the end of the period determined by the founders.
5. Conditions for obtaining and losing membership, as well as the procedure for joining and exclusion from the association.
6. List of rights and obligations of members (participants) of a public association. Since the creation of the formation is based on voluntariness, the charter should not oblige them to do anything for the effective operation of the organization. Basically, the obligations of the participants relate to the timely payment of contributions, participation in management, implementation of decisions of the governing and auditing bodies, inadmissibility of causing damage. The list of rights of members of associations, in addition to those enshrined in law, may include the possibility of obtaining information about the work of the organization as a whole and its bodies in particular, receiving assistance, advice, participation in ongoing events, receiving benefits and privileges.
7. The symbols of a public association are of great importance for its activities, and therefore their description (including graphic images) is given in the content of the charter.

Both the association itself as a legal entity and its founders (participants) must be guided by the requirements of the charter of a public association. Other participants in legal relations with a particular public association should also take into account the provisions of the charter of the partner public association, since the exchange of copies of constituent documents is a common practice when concluding any type of agreement.

Entrepreneurial activities of associations

Founders often think about the question of how to create a public organization in order to be able to carry out activities with profit, which will cover, in whole or in part, the expenses of the association. According to paragraph 4 of Art. 50 of the Civil Code of the Russian Federation, any non-profit associations have the right to carry out profitable activities, if this is provided for by their Charter. However, the norm also contains a restriction - income must be directed to achieve the goals of associations and cannot be redistributed among its participants (members).

Public organizations can receive income from the following sources:

• use of property, including its lease;
• production of goods and provision of services;
• placement of funds on deposit accounts;
• acquisition and turnover of shares and securities;
• participation in business companies as a contributor.

It is worth taking into account the position of the Supreme Arbitration Court, which in Resolution No. 1441/97 of July 08, 1997 did not recognize as income the interest received by a housing construction cooperative from placing funds on a deposit account with the Savings Bank of Russia. The court pointed out that the activities of the cooperative are not entrepreneurial, since they are implemented not by the non-profit organization itself, but by its representative (bank).

However, if the profit comes in systematically, makes up the bulk of its income and is directed to the needs of the formation itself, such activity of public organizations is already entrepreneurial.

Creation of a public association without registration

Information about the procedure and requirements for registration of public organizations is in the public domain. But not everyone can understand how to create a public organization without formal registration.

Such a formation arises as an ordinary association of citizens, and the right to create it is provided for in Art. 3 of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations". The requirements and procedure for creating an association do not differ from those provided for public organizations acting as a legal entity. However, the list of documents is limited to the articles of association and articles of incorporation, which remain in the custody of the governing body.

Among the advantages of informal associations, they highlight the opportunity not to keep accounting and tax documentation, not to spend money and time on registration and reporting to the Ministry of Justice. But on the other hand, an association without obtaining the status of a legal entity cannot be a participant in civil transactions, have its own funds and open bank accounts, act as a representative of interests, and manage property. Thus, it can only use deliberative opportunities and exchange information.

The Constitution of the Russian Federation provides citizens with the right to unite in organizations of various types in order to achieve the goals that have arisen between them. One of the types of such organizations is a public organization. The legislative concept of "public organization" is enshrined in the Civil Code of the Russian Federation and the Federal Law "On Public Associations". If you do not go into a literal reading of this concept in these regulations, then in a simple language that is understandable to all citizens, a public organization can be defined as a non-profit association organized on a voluntary initiative of citizens on the principle of self-government for the realization of common desires and goals related to non-material needs. In other words, any person, having acquired at least two more like-minded people, can organize a public organization of interests.

The legislation of the Russian Federation allows the existence of public organizations without state registration, therefore, in this case, such an organization will not be a legal entity and will not be able to carry out economic activities independently and legally. To create a public organization without forming a legal entity, all that is needed is a meeting of founders, at which a decision will be made on the formation of such a public organization. From the moment such a decision is made, the public organization is legally existing. However, if later, after some time, the founders nevertheless decide to give their organization a legal status, then documents for state registration of such an organization must be submitted to the territorial bodies of the Ministry of Justice of the Russian Federation no later than 3 months from the date of such a decision.

Territorial sphere of activity of a public organization

If the founders decide on the state registration of a public organization, then for starters, even before submitting documents to the territorial bodies of the Ministry of Justice of the Russian Federation, the founders should decide on the territorial scope of their organization, since this point should be reflected in the name of the organization.

According to the territorial sphere, public organizations are divided into local, regional, interregional, all-Russian and international.

Local Community Organization (LOO) is formed for the implementation of its activities in the territory of one local government body.

Regional Public Organization (ROO) conducts its activities exclusively on the territory of any one subject of the Russian Federation.

Interregional Public Organization (IPO) conducts its activities on the territory of several subjects of the Russian Federation at once. Territorial subdivisions (branches, representative offices or departments) must be created in the subjects of the activities of a public organization. In an interregional public organization, territorial subdivisions cannot be created in an amount covering more than half of the constituent entities of the Russian Federation.

All-Russian public organization (LLC) in its activities it covers more than half of the subjects of our country, for which the territorial subdivisions of this organization must be created in the subjects of activities.

For education international public organization it is necessary to form at least one territorial subdivision of the organization outside the Russian Federation.

Procedure for registering a public organization

A registered public organization goes through several stages:

Adoption by the founders at the founding congress of a unanimous decision on the state registration of their organization;

Submission to the territorial body of the Ministry of Justice of the Russian Federation of the necessary package of documentation for state registration of a public organization;

Adoption by the territorial body of the Ministry of Justice of a decision on state registration of a public organization and forwarding this decision with a set of documents submitted by the applicant to the Federal Tax Service for reflection in the state register of information on state registration of a public organization and assignment of PSRN to it;

Direct entry by the FMS body of information about a registered public organization in the Unified State Register of Legal Entities and the assigned PSRN number, and sending the relevant supporting certificates to the territorial body of the Ministry of Justice;

Registration by the territorial body of the Ministry of Justice of a certificate with the assigned registration number of a public organization, and the issuance of a set of documents confirming state registration to the applicant (founder) or his representative by proxy.

Cost and terms of registration of public organizations

Documents required for compiling a set of documents for registration of a public organization

To prepare a complete set of documents for state registration of a public organization, lawyers will need the following information and documentation:

The proposed name of the public organization and the territorial scope of its activities;

The subject and goals of the activity of the registered public organization, including the codes of activity according to OKVED;

Documents to the address of the location of the registered public organization (a copy of the certificate of ownership of the provided premises from the owner of the premises and a letter of guarantee from him in the original);

Necessary information about the founders of the public organization: a copy of the passport spread with a photo of the citizen and a copy of the spread of his passport with a note on the place of residence, as well as his personal TIN number;

Information on the structure of the registered public organization, as well as on the quantitative and personal composition of each management and control body of the organization;

Information about the founder who will act as an applicant for state registration of a public organization;

When registering an interregional, all-Russian or international public organization, you will also need information about the units created in the structure of the organization, their location, the structure of the unit, the quantitative and personal composition of the management and control of the unit;

Other information or documentation may be required.

In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

1. All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. Currently, the Russian Federation consists of 85 subjects. Lack of required amount structural subdivisions is a violation and may lead to the liquidation of the public association. The inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
2. Interregional public association carries out its activities in the territories of less than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have a special structure, which, as a rule, consists of regional and local branches.
3. Regional public association, the activity of such an association in accordance with its statutory goals is carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates in Moscow.
4. local public association conducts its activities within the territory of only one local government. For example, the Losinoostrovskaya Local Public District Organization of Motorists operates on the territory of the Losinoostrovskoye intracity municipality of the city of Moscow.

Branches has the right to acquire the rights of a legal entity and is also entitled to carry out activities on the basis of its charters registered in the prescribed manner. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it should have at least three members representatives of this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) public associations.