Academic journal article Journal of Legal, Ethical and Regulatory Issues

Sector Non-Profit Organizations in the Management of Socio-Economic Systems

Academic journal article Journal of Legal, Ethical and Regulatory Issues

Sector Non-Profit Organizations in the Management of Socio-Economic Systems

Article excerpt

INTRODUCTION

Federal law No. 7-FZ "On noncommercial organizations" gives a clear definition of "nonprofit organization", it refers to the organization not having profit as the main purpose of its activity and not distributing received profit between participants.

Non-profit organizations can be created for achieving social, charitable, cultural, educational, scientific and managerial purposes, in order to protect the health of citizens, development of physical culture and sports, meet spiritual and other nonmaterial needs of citizens, protection of rights and legal interests of citizens and organizations, resolution of disputes and conflicts, rendering legal assistance, as well as for other purposes aimed at achieving public goods.

A nonprofit organization is a legal entity and therefore has all the common features of any legal entity, namely: organizational unity of the special legal capacity, property isolation and independent financial liability. The last three characteristic enshrined in article 48 of the civil code, where the concept of a legal entity.

A legal entity must be registered in the unified state register of legal entities in one of the legal forms.

From 1 September 2014 the legal entity being non-profit organizations are created in the following forms:

* Consumer cooperatives, which include including housing, housing construction and garage cooperatives, horticultural, gardening and dacha consumer cooperatives, mutual insurance companies, credit cooperatives, funds, rentals, agricultural consumer cooperatives.

* Public organizations, which are including political parties and established as legal entities, trade unions (trade Union organization), public Amateur art associations, territorial public self-government; social movements.

* Associations (unions), which include including the non-commercial partnership selfregulating organization, Association of employers, associations of trade unions, cooperatives and public organizations, chambers of Commerce, the notary chamber.

* Associations of property owners, which include including householders society.

* Of the Cossack societies brought in the state register of Cossack communities in the Russian Federation.

* Communities of indigenous numerically small peoples of the Russian Federation.

* Funds, which include including public and charitable funds.

* Institutions, which include government agencies (including state academies of Sciences), municipal companies and private (including public) institutions.

* Autonomous non-commercial organizations.

* Religious organizations.

* Public law companies.

* The law of the chambers.

* Bar associations (legal entities).

* Public corporations.

Non-profit organization (with the exception of consumer cooperatives, partnerships of property owners, state and municipal institutions) is considered as a legal entity, having the state registration the General registration of legal entities in the Federal tax service. The decision on registration is taken by the Ministry of justice of Russia (its territorial bodies). In the case of a decision on registration documents of a non-profit organization are directed to bodies of the Federal tax service for making entry in the register. After making the recording, the documents are sent back to the body that made the decision on registration, for the issuance to the applicant.

The decision on the state registration of nonprofit organizations shall be made within 14 working days; public associations and religious organizations - 30 days (for religious organizations period may be extended for 6 months at the theological expertise); political party 21 days; the state registration in connection with the liquidation of - 3 days.

The procedure provides that the constituent documents of nonprofit organizations shall be submitted in three original copies, except for documents presented in electronic form. …

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