Ownership rights of public and religious associations (organizations), charitable organizations, associations of legal entities. Forms of ownership of non-profit organizations

Part I. Property public organizations(associations)

Entrepreneurial activities of public associations

Part II. Ownership religious associations

The concept of religious associations

Ownership of religious organizations

Activities of religious organizations

Part III. Ownership charitable organizations

The concept of charities

Founders of the charity organization

Property of a charitable organization

Sources of formation of property of a charitable organization

Activities of a charitable organization

The unification of the property rights of public organizations (associations), religious organizations, and charitable organizations into one classification group is explained by the fact that the legal regime of their property has a lot in common.

First of all, it should be noted that the legislator in the Civil Code of the Russian Federation (unlike the previously valid Law of the RSFSR “On Property in the RSFSR”) no longer distinguishes the property of public and religious organizations (associations), charitable and other foundations as an independent type of form of ownership, considering it as a private form of property.

The listed legal entities are those in whose property their founders (participants) have neither proprietary nor obligatory rights. The rights to property transferred by the participants (founders) into the ownership of such an organization are lost by them (clause 3 of article 48, clause 4 of article 213 of the Civil Code of the Russian Federation). They are created to satisfy the non-material needs of citizens and (or) legal entities and may use the property acquired by them only to achieve the purposes provided for in their constituent documents.

PartI. Property of public associations (organizations)

The concept of public associations

The main normative act regulating the legal status of public associations is Federal Law No. 82-FZ of May 19, 1995 “On Public Associations” (as amended on May 17, 1997, July 19, 1998). This Federal Law (hereinafter simply the Law) applies to all public associations created on the initiative of citizens, with the exception of religious organizations, as well as commercial organizations and the non-profit unions (associations) they create.

Article 5 of the Law enshrines the concept of public associations: a public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to realize common goals specified in the charter public association.

Founders, members and participants of the public association

The founders of a public association are individuals and legal entities - public associations that convened a congress (conference) or general meeting, at which the charter of a public association is adopted, its governing and control and audit bodies are formed. The founders of a public association - individuals and legal entities - have equal rights and bear equal responsibilities. (Article 6 of the Law).

Property of a public association. Property management of a public association

Property of a public association (object of property rights of a public association) (Article 30 of the Law)

A public association may also own institutions, publishing houses, and mass media that are created and acquired at the expense of the funds of this public association in accordance with its statutory goals.

Federal law types of property may be established that, for reasons of state and public security or in accordance with international treaties Russian Federation cannot be owned by a public association.

Public foundations can carry out their activities on the basis trust management.

The property of a public association is protected by law.

Sources of formation of property of a public association

Political public associations and movements whose charters provide for participation in elections are not entitled to receive financial or other financial assistance for activities related to their participation in elections from foreign states, organizations and citizens. (Article 31 of the Law)

Subjects of property rights of public organizations (associations)

The range of subjects of property rights of public organizations (associations) is quite wide. It includes: public organizations, social movements, public foundations, public institutions, public initiative bodies. Each of them should be discussed separately.

1. Public organization (Article 8 of the Law).

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens.

Members of a public organization in accordance with its charter may be individuals and legal entities - public associations, unless otherwise established by this Federal Law and the laws on certain types public associations.

The highest governing body of a public organization is the congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting.

The combination of these subjects of property rights into one classification heading is explained by the fact that in the law they are all classified as non-profit organizations with the ensuing consequences. In addition, the legislator himself has not yet clearly defined the question of whether there is a generic concept under which all these types of legal entities as subjects of property rights could be subsumed.

The sources of formation of the association’s property include introductory and membership fee; voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter; income from business activities; civil transactions; foreign economic activity; other receipts not prohibited by law.

In a public organization, the structural divisions of which operate on the basis of a single charter of this organization, the owner of the property is the organization as a whole.

Public property

Structural units, if recognized as legal entities, have the right to operationally manage the property assigned to them by the owner.

Charitable organizations can be created in the form of public organizations (associations), foundations, institutions and other forms. The charitable organization is non-governmental. Its founders can be neither state authorities and local self-government, nor state and municipal enterprises and institutions. They may or may not be membership based.

Religious organizations may use property that is provided to them by state, municipal, public and other organizations and citizens and, accordingly, constitutes state or municipal property or private property of citizens or legal entities.

The transfer to religious organizations of ownership or use for functional purposes of religious buildings and structures with associated land plots and other property for religious purposes that is in state or municipal ownership is carried out free of charge.

To achieve their statutory goals, religious organizations are given the right to create cultural and educational organizations, educational and other institutions, as well as to create own enterprises. Institutions created by a religious organization are assigned property under the right of operational management, and to enterprises - under the right of economic management.

The concept and content of citizens' property rights.

Citizens' property rights are a set of rights and norms that establish and preserve citizens' ownership of property for consumer and financial-production purposes and ensure that citizen owners exercise the right to own, use and dispose of this property at their own discretion, to use it for any purpose, unless otherwise provided by law.

Possession is the possibility of economic domination of the owner over a thing. We are talking about economic domination over a thing, which does not at all require that the owner be in direct contact with it. For example, when leaving on a long business trip, the owner continues to remain the owner of the things in his apartment.

The main quality of property rights of citizens is the combination of the most absolute domination of a person over a thing, with the right to dispose of it, the right to determine its fate (sell, exchange, mortgage, destroy).

Use is the ability to extract from a thing beneficial properties in the process of its personal or productive consumption. Often the same thing can be used for both personal consumption and production purposes.

An order is the ability to determine the fate of a thing by performing legal acts in relation to this thing. There is no doubt that in cases where the owner sells his thing, rents it out, pledges it, transfers it as a contribution to a business company or partnership, or as a donation to charitable foundation, he disposes of the thing.

The concept and content of ownership of residential premises.

Ownership of residential premises is the right to own, use and dispose of residential premises.

Possession is the actual (real) possession of residential premises.

Use is the owner’s extraction of benefit and income from the residential premises he owns.

At the same time, it must be taken into account that residential premises have a strictly intended purpose and are intended exclusively for the residence of citizens - individuals. The placement of organizations and enterprises in residential premises by the owner is permitted only after the transfer of such premises to non-residential premises.

Disposition is the right of the owner of a residential premises to determine its legal fate. Thus, the owner has the right, at his own discretion, to take any actions in relation to the residential premises he owns that do not contradict legal acts and do not violate the rights of other persons, including alienating the residential premises into the ownership of other persons, giving the premises as collateral, rent, loan, as well as burden it in other ways and dispose of it in other ways.

The powers of the owner can be limited only by federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

The number and cost of housing that can be owned by citizens or legal entities is not limited.

Property of a public association. Property management of a public association

Article 30. Property of a public association

A public association, which is a legal entity, may own land plots, buildings, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, other securities and other property necessary for material support of the activities of this public association specified in its charter.
A public association may also own institutions, publishing houses, and mass media that are created and acquired at the expense of the funds of this public association in accordance with its statutory goals.
Federal law may establish types of property that, for reasons of state and public security or in accordance with international treaties of the Russian Federation, cannot be owned by a public association.
Public foundations can carry out their activities on the basis of trust management.
The property of a public association is protected by law.

Federal law dated March 12, 2002 N 26-FZ, amendments were made to Article 31 of this Federal Law

Article 31. Sources of formation of property of a public association

The property of a public association is formed on the basis of entrance and membership fees, if their payment is provided for by the charter; voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter of the public association; income from business activities of a public association; civil transactions; foreign economic activity of the public association; other income not prohibited by law.
Public associations whose charters provide for participation in elections and referendums in the manner established by the legislation of the Russian Federation may accept donations in the form of money and other property for activities related to the preparation and conduct of elections only in the manner prescribed by the Federal Law "On Political Parties" "and the legislation of the Russian Federation on elections.

Article 32. Subjects of property rights in public organizations

The owners of the property are public organizations that have the rights of a legal entity. Each individual member of a public organization does not have the right of ownership to a share of property owned by the public organization.
In public organizations, the structural divisions (branches) of which operate on the basis of a single charter of these organizations, the owners of the property are public organizations as a whole. Structural divisions (branches) of these public organizations have the right to operationally manage the property assigned to them by the owners.
In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations that are part of a union (association) as independent entities are the owners of the property belonging to them.

Article 33. Subjects of property rights in social movements

On behalf of social movements, the rights of the owner of property supplied to social movements, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies, specified in the charters of these social movements.

Article 34. Subjects of property rights in public funds

On behalf of public funds, the rights of the owner of property received by public funds, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies specified in the charters of these public funds.

Article 35. Property management in public institutions

Public institutions created and financed by the owner (owners) exercise the right of operational management of said property in relation to the property assigned to them.
Public institutions that are legal entities and own property with the right of operational management may be the owners of property created and (or) acquired by them through other legal means.
Public institutions receive property with the right of operational management from the founder (founders). In relation to the specified property, public institutions exercise the rights of ownership, use and disposal within the limits established by law, in accordance with their statutory purposes.
The founder (founders) - the owner (owners) of property transferred to public institutions, has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.
When the ownership of property assigned to public institutions is transferred to another person, these institutions retain the right to operationally manage said property. Public institutions do not have the right to alienate or otherwise dispose of the property assigned to them and property acquired from funds allocated to them according to estimates, without the written permission of the owner.
If in accordance with constituent documents public institutions are granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of public institutions and are accounted for on a separate balance sheet.
Public institutions are liable for their obligations at their disposal in cash. If they are insufficient, the owner of the relevant property bears subsidized liability for the obligations of a public institution.

Article 36. Subjects of property rights in public initiative bodies

The subjects of property rights in public amateur performance bodies are the public amateur performance bodies themselves, after which, after their state registration the rights of a legal entity are secured. Bodies of public initiative may be the owners of property created and (or) acquired by them by other legal means.

Article 37. Entrepreneurial activities of public associations

Public associations can carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which they were created and is consistent with these goals. Entrepreneurial activities are carried out by public associations in accordance with the Civil Code of the Russian Federation, the Federal Law "On the entry into force of part one of the Civil Code of the Russian Federation" and other legislative acts of the Russian Federation.
Public associations can create business partnerships, societies and other business organizations, as well as acquire property intended for conducting business activities. Business partnerships, societies and other business organizations created by public associations make payments to the relevant budgets in the order and amount, established by law Russian Federation.
Income from the business activities of public associations cannot be redistributed between members or participants of these associations and must be used only to achieve their statutory goals. Public associations are allowed to use their funds for charitable purposes, even if this is not specified in their charters.

Federal law dated March 21, 2002 N 31-FZ, amendments were made to Article 38 of this Federal Law, coming into force since July 1, 2002
See the text of the article in the previous edition

Article 38. Supervision and control over the activities of public associations

Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation.
The body that makes decisions on state registration of public associations exercises control over the compliance of their activities with the statutory goals. The specified body has the right:
request the governing bodies of public associations for their administrative documents;
send their representatives to participate in events held by public associations;
If public associations identify violations of the legislation of the Russian Federation or commit actions that contradict their statutory goals, the body making decisions on state registration of public associations may issue a written warning to the governing bodies of these associations, indicating the specific grounds for issuing the warning.

5.3. Ownership rights of public associations (organizations)

A warning issued by the body making decisions on state registration of public associations may be appealed by public associations in court.

Cm. Solution Collegium of the Ministry of Justice of the Russian Federation dated August 12, 1998 N 9 “On the state of control over the implementation by public and religious associations of the federal laws “On Public Associations” and “On Freedom of Conscience and Religious Associations” and measures to improve it”

Financial authorities exercise control over the sources of income of public associations, the amount of funds they receive and the payment of taxes in accordance with the tax legislation of the Russian Federation.

Cm. Agreement on coordination of the work of the Ministry of Justice of the Russian Federation and the Ministry of Taxes of the Russian Federation on the implementation of control functions in relation to public associations, communicated by letter Ministry of Taxes and Taxes of the Russian Federation dated December 22, 1999 N AS-6-16/1034

Supervision and control over the implementation by public associations of existing norms and standards can be carried out by environmental, fire, epidemiological and other bodies state supervision and control.

State and municipal non-profit organizations

The market orientation of the economy does not mean the abolition of state ownership. Nowadays this form of ownership exists in all developed countries with market economies.

In the non-profit sector based on state form property, federal and regional non-profit organizations are created and operate (Fig. 4.3).

Rice. 4.3. Types of state and municipal non-profit organizations

TO federal non-profit organizations These include state organizations whose property belongs to the Federation as a whole. These can be the largest educational, scientific, medical, cultural, information centers, libraries, museums, government bodies, state corporations, etc. The property of such non-profit organizations is formed from the federal budget.

Regional non-profit organizations unite state organizations whose property by right of ownership belongs to the subjects of the Federation. Such non-profit organizations include regional universities, theaters, medical centers etc.

In a number of countries, municipal (communal) property is considered as one of the forms of state ownership. In Russia, municipal property is characterized at the legislative level as an independent form of ownership. Municipal non-profit organizations operate on its basis (see Fig. 4.3).

Municipal non-profit organizations– these are organizations whose property belongs to urban and rural settlements. They include secondary schools, clinics, kindergartens, etc.

In a market economy, characterized by a variety of forms of management, the state is freed from the unusual task of satisfying the entire spectrum of aggregate demand. It deals with what society cannot live without and what the private sector of the economy avoids.

In a market economy, one of the functions of the state is to provide an equal amount of public goods to every member of society possible in this moment time and without which further economic and social development society is difficult. Thus, the state ensures the maintenance of certain minimum standards for the consumption of public goods. It acts to create the necessary prerequisites for the effective socio-economic development of society. The solution to these problems is based on appropriate principles of business and management.

The activities of the state have its advantages and disadvantages in the sphere of creation and implementation of public goods. The first includes centralized regulation of the process of their production and distribution by allocating the necessary resources. This creates the preconditions for equal opportunities in the sphere of consumption of public goods. The second includes the inevitable limitation of funds allocated by the state for the creation of public goods, especially during the transition to a market, the lack of economic incentives for efficient work, bureaucratic management style. All this makes it possible to satisfy only those social needs that are in widespread and most acute demand. This leads to the fact that, in conditions of increasing diversification of needs, the demand for public goods, exceeding the mass level of their consumption, remains unsatisfied.

Consumers whose demand for public goods exceeds the mass level of consumption can satisfy it through private structures, including non-governmental non-profit organizations.

Non-governmental non-profit organizations

Non-state ownership forms the foundation of a modern market economy. Owners of non-state property objects independently make basic economic decisions and have complete economic freedom.

Subjects of non-state property in the non-profit sector are citizens and (or) legal entities. The object of non-state property can be any property. In a market economy, the upper limit of non-state ownership cannot be quantitatively limited.

Non-governmental non-profit organizations can be created in the form of educational, medical, scientific, cultural, charitable and other organizations. The basis of their functioning can be individual or collective property. In non-state non-profit organizations operating on the basis of individual ownership, ownership of property belongs to one person. These can be charitable and other non-profit foundations, autonomous non-profit organizations, etc. As a rule, such non-profit organizations are quite easy to establish; their owners have considerable freedom of action. At the same time, they also have some disadvantages: limited financial resources, etc.

In non-governmental non-profit organizations operating on the basis of collective ownership, ownership rights belong to a group of individuals. Such organizations include political parties, social political movements, trade unions, physical education and sports, creative, scientific, technical, cultural and leisure associations, associations of war and labor disabled people, religious organizations, associations, unions, non-profit partnerships and etc.

One type of collective property is cooperative own. It refers to the property of persons who have pooled their funds to conduct joint activities. This form of ownership is typical for consumer, housing-construction, garage-construction cooperatives, etc.

Non-governmental non-profit organizations are characterized by following signs:

Voluntariness of education;

Flexible control system;

Innovative nature of development;

Saving production costs when high quality final results of activities;

Effective use of possible profits.

In foreign economic and legal literature, the term “third sector” is often used to describe non-governmental non-profit organizations. He points out that the non-governmental non-profit sector is a special sector of the economy, different from the private commercial and public sectors of the economy. This term is increasingly used by Russian researchers.

The main reason The formation and development of non-governmental non-profit organizations in a market economy is the limited resources of the state, its inability to satisfy the constantly growing diversification of the needs of members of society. In addition, in a number of cases, these organizations function more efficiently compared to similar government structures. This is facilitated by their inherent flexible management system, the ability to quickly adapt to changing needs, a certain independence from the decisions of higher government organizations, etc.

Non-governmental non-profit organizations act in the public interest, provide access to universal human values, and defend the principle of pluralism and equal opportunities for all members of society.

In a modern market economy, in conditions of increasing personalization of demand, non-state non-profit structures are assigned functions that were previously traditionally performed by the state. This becomes possible due to special functional purpose organizations of this kind in a market economy, the specifics of using their profits. As a result, non-profit organizations, being non-governmental, primarily satisfy the needs for public goods. They express not only personal interests, but also those of society as a whole. At the same time, in the process of functioning, they follow the laws of the market to a greater extent than state organizations. This is expressed in a quick response to demand, the intention to provide high-quality products, reduce production costs, actively develop new areas of activity, etc.

The functioning of non-governmental non-profit organizations is not aimed at replacing the economic benefits created by private business and the state, but, on the contrary, at expanding the structure of social needs, creating opportunities for additional alternative provision of economic benefits to consumers. From this point of view, non-governmental non-profit organizations contribute to increased competition between various sectors of the economy, which has a positive effect on the socio-economic development of society.

Consumers of goods created by non-governmental non-profit organizations are individuals and legal entities who cannot realize the needs for public goods that exceed mass demand, common interests, projects, ideas at the expense of the state or business, or receive more from the state high level social security. Their economic behavior differs from the typical consumer-purchaser behavior that is guided by market signals, and the consumer-client behavior of the public sector, which receives economic benefits for free or at reduced prices. Compared to the latter, consumers of benefits created by non-governmental non-profit organizations are more interested in the final results of their activities.

There is an increase in the number and strengthening of the role of non-governmental non-profit organizations in many developing countries in Africa, Latin America, and post-socialist countries (Hungary, Poland, Bulgaria).

In Russia, non-governmental non-profit organizations arose already at the turn of the 18th–19th centuries. Their greatest development occurs in late XIX– beginning of the 20th century They count their second birth from 1987-1990. Especially fast growth the number of non-governmental non-profit organizations has been observed in Russia since 1992. Thus, the current stage of development of non-governmental non-profit organizations in our country represents, to a large extent, a revival of former Russian traditions.

It should be noted that the pace of development of non-governmental non-profit organizations slowed down somewhat after the crisis in August 1998. This is due to the lack of financial resources of non-governmental non-profit organizations, as well as of enterprises and organizations participating in their financing.

Practice shows that for countries transitioning to a market economy, the functioning of non-governmental non-profit organizations is more important than for developed countries with market economies. This is explained by the underdevelopment of market relations, the extreme limitation of state resources, and the difficulty of resolving socio-economic issues during the transition period. As a result, in these countries, non-governmental non-profit organizations have to partially solve problems traditionally assigned to the state in a market economy.

In most countries with economies in transition, the formation and development of non-governmental non-profit organizations occurs in unfavorable economic conditions: the unstable situation of potential donors; imperfect tax system; absence state program development and support of the non-profit sector as a whole, as well as legislation regulating its activities, etc. All this forces non-governmental non-profit organizations to partially use business methods and principles that are unusual for them, and to have a structure of funding sources that is different from that in developed countries with market economies.

Foreign non-profit organizations

In many countries with market economies, foreign non-profit organizations are active participants in the non-profit sector. Foreign non-profit organization – an organization whose property is owned by a foreign person: an international non-profit organization, an organization of a foreign state, a foreign legal entity, a foreign citizen, a stateless person. In the Russian Federation, foreign non-profit organizations in accordance with All-Russian classifier forms of ownership also include organizations whose property is owned by right of ownership Russian citizens with permanent residence abroad.

Mixed and joint non-profit organizations

Mixed and joint non-profit organizations play an active role in the socio-economic development of society. Mixed non-profit organization is an organization based on a combination various forms property without the participation of foreign ownership. Joint non-profit organization operates on the basis of various forms of ownership, including foreign ownership.

In a market economy, the variety of forms of ownership in the non-profit sector makes it possible to more effectively use the advantages of one or another of its forms and at the same time correct possible negative socio-economic consequences.

Ownership rights of public and religious organizations (associations), charitable organizations, associations of legal entities

The combination of these entities into one classification group is explained by the fact that the legal regime of their property has a lot in common. First of all, it should be noted that the legislator in the Civil Code of the Russian Federation (unlike the previously existing Law of the RSFSR on property in the RSFSR) no longer distinguishes the property of public and religious organizations (associations), charitable and other foundations as an independent type of form of ownership, considering it ( similar to the property of associations of legal entities) as a private form of ownership. Then, the listed legal entities are those in whose property their founders (participants) have neither proprietary nor obligatory rights. The rights to property transferred by the founders (participants) into the ownership of such an organization are lost by them in paragraph 3 of Art. 48, paragraph 4, art. 213 of the Civil Code.. Further, they are created to satisfy the non-material needs of citizens and (or) legal entities and can use the property acquired by them only to achieve the goals provided for in their constituent documents.

The range of subjects of property rights of public organizations (associations) is quite wide: these are public organizations, social movements, public funds, public institutions, public amateur bodies2. Public associations exist in the form of both simple, single-link structures and multi-link structures (trade unions, political parties, sports organizations). Public associations have the right to register with the justice authorities and acquire the rights of a legal entity.

However, Civil Code The Russian Federation, recognizing that public and religious organizations (associations), charitable and other foundations that are legal entities, are the owners of the property acquired by them, has not resolved the issue of the subject of ownership of multi-link organizations. In relation to multi-level public organizations, the issue of the subject of property rights is resolved in Art. 32 of the Law of the Russian Federation “On Public Associations”. According to the named legal norm in public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations that are part of a union (association) as independent entities are the owners of the property belonging to them. This provision means that all links of such public organizations, recognized as legal entities, belong to the subjects of property rights in relation to property transferred to them as contributions and acquired by them on other grounds. In public organizations that have structural divisions that carry out their activities on the basis of a single charter of this organization, the owners of the property are the public organizations as a whole.

It is legal entities, and not their governing bodies, that are the subjects of property rights in public associations that do not have membership, such as: social movements, public funds, public amateur bodies Article 33-35 of the Law of the Russian Federation “On Public Associations”..

If a public association is formed in the form of a public institution, then the property may come to it for operational management and for independent disposal. As a general rule, public institutions, in relation to the property assigned to them, exercise the right of operational management of paragraph 1 of Art. 296 Civil Code..

However, if, in accordance with the constituent documents, public institutions are granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of public institutions, clause 2 of Art. 298 Civil Code..

The grounds for acquiring ownership rights of public associations are: entrance and membership fees, voluntary contributions and donations, proceeds from lectures, exhibitions, lotteries, auctions, sports and other events, from purchase and sale transactions, barter, donations, from entrepreneurial activities and other non-public associations. sources prohibited by law.

Political parties, political movements and public associations whose charters provide for participation in elections (for example, trade unions) are not entitled to receive financial and other material assistance from foreign states, organizations and citizens for activities related to the preparation and conduct of elections.

The object of ownership of a public association is only the property necessary to materially support the activities specified in its charter. The provision on the purposeful nature of property owned by public associations by right of ownership is enshrined in the form general rule in Art. 30 of the Law “On Public Associations”. According to this rule of law, these can be land plots, buildings, structures, housing stock, transport, property for cultural, educational and health purposes, cash, securities and other property. Federal law may establish types of property that, for reasons of state and public security or in accordance with international treaties, cannot be owned by a public association. First of all, these are objects withdrawn from circulation or limited in circulation.

POSITION

ABOUT THE PROPERTY OF A PUBLIC ORGANIZATION

"ALL-RUSSIAN SOCIETY OF MOTORISTS"

GENERAL PROVISIONS

1.1. This Regulation establishes general principles possession, use and disposal of property owned by the Company, in the operational management of its structural divisions, owned by regional branches (organizations). Regional branches (organizations) may develop and adopt their own Regulations on the property of regional branches (organizations) that do not contradict these Regulations.

1.2. The Company's property includes all property for the acquisition or creation of which funds from the Company or its structural divisions were used.

1.3. The powers of the owner on behalf of the Company are exercised by the Central Council of the Company. The interests of the owner are represented by the Chairman of the Company, acting on the basis of the Charter of the Company, within the established powers in accordance with these Regulations.

1.4. Accounting for the Company's property, registration and state registration of ownership rights to the Company's real estate is carried out by the regular executive apparatus of the Central Council of the Company, including through the regular executive apparatus of the Councils of branches (organizations) of the Company.

2. SOURCES OF FORMATION OF THE COMPANY’S PROPERTY

2.1. The property of the Society, its regional branches (organizations) is formed on the basis of entrance, membership and other fees of members of the Society, voluntary contributions, gifts and donations from individuals and legal entities (including foreign ones), proceeds from activities to attract resources and carried out in accordance with the Charter events, income from entrepreneurial and foreign economic activities, as well as from part of the profits of all business entities and other created by the Company (regional or local branches (organizations) of the Company) economic organizations, income from publishing activities, civil transactions in accordance with current legislation, other receipts not prohibited by law.

2.2. Sources of formation and increment of the Company’s property, including those at the disposal of regional (local) branches (organizations), institutions with the right of operational management:

Entry and membership fees for members of the Society;

Things (real and movable) acquired or created by the Company, as well as by a department (organization), institution at the expense of income from the use of property under operational management;

Things (real and movable) acquired or created by the Company, as well as by a department (organization) on other grounds established by current legislation for the acquisition of ownership rights.

2.3. Sources of formation of property at the disposal of the Company:

Deductions from regional branches (organizations) for the implementation of statutory goals and objectives from the amounts of income in monetary terms received from all types of activities of regional and local branches (organizations);

Contributions to Trust fund SAI development;

Income from entrepreneurial and foreign economic activities, income from publishing activities, profit of all business entities and other business organizations created by the Company;

Conducting civil transactions in accordance with current legislation (sale and purchase agreements, exchange, pledge, receipt of property in accordance with wills, etc.)

Transfer of property of regional (local) branches (organizations) or institutions of the Company in the event of their liquidation (reorganization);

Acquisition of property by prescription of possession (acquisitive prescription);

Creation of property (including under a contract for the needs of the Company) at the expense of funds and other property of the Company;

Other receipts not prohibited by law.

2.4. Transactions aimed at acquiring property by the Company are carried out by the Central Council, by the Charter and these Regulations.

3. O FOUNDATIONS AND PROCEDURE FOR REMOVING PROPERTY FROM THE DISPOSAL OF THE COMPANY.

3.1. Property removed from the disposal of the Company is alienated by the Company in accordance with current legislation, the Charter and these Regulations.

The authorized bodies of the Company have the right to dispose of property only to the extent that does not deprive the Company of the opportunity to carry out activities, the subject and goals of which are determined by the Charter.

Regional branches (organizations) have the right to alienate real estate owned by these branches (organizations) only in agreement with the Central Council of the Society (or on its instructions - the Presidium of the Central Council of the Society).

3.2. The decision to carry out transactions with property leading to its disposal is made by the Chairman of the Company on the basis of decisions of the governing bodies of the department (organization) with the conclusion (economic justification) and (or) proposals of the departments of the regular executive apparatus of the Central Council of the Company.

3.3. The decision to carry out transactions with property leading to its disposal, if the value of this property exceeds the limits of independent disposal of property and funds of the Company by its Chairman, established in accordance with clause 6.12.7.(5) of the Charter of the Company, is made by the Central Council .

3.4. Property transferred by the Company to operational management is accounted for by departments of the regular executive apparatus of the Central Council of the Company without being reflected on its balance sheet accounts.

3.5. Property that has fallen into disrepair, obsolete and unsuitable for further use, the restoration of which is impossible or economically impractical and which cannot be sold, as well as property lost as a result of the termination of an obligation as a result of the impossibility of its fulfillment by the debtor, are subject to write-off on the basis of an order according to To the society about the write-off of property. The order to write off property is issued by the Chairman of the Company. One copy of the order and one copy of the acts are transferred to the accounting department to process the write-off of fixed assets.

4. PROPERTY ASSIGNED BY THE RIGHT OF OPERATIONAL MANAGEMENT TO REGIONAL (LOCAL) BRANCHES (ORGANIZATIONS) AND INSTITUTIONS.

4.1. The Company independently makes decisions about who will manage the property it owns, guided by the interests of efficient operation of the property, maximum satisfaction of the needs of the Company and its other interests.

4.2. Branches (organizations) of the Company operate on the basis of a single Charter of the Society and have the right to operationally manage the property assigned to them by the Society, on behalf of which the powers are exercised by the Central Council. The Company's property may be transferred for operational management to an institution created by the Company or its department (organization).

4.3. Grounds for the emergence of the right of operational management at a regional (local) branch (organization):

The decision of the governing bodies of the Company on the procedure for management, distribution, transfer, and consolidation of the Company’s property, adopted within the limits of their competence;

An act of acceptance and transfer (assignment) of property to operational management, or an agreement on the transfer (assignment) of property to operational management, signed by the Chairman of the Company or his authorized person (Representative) and the Chairman of the department (organization);

Resolution of the Central Council (Presidium of the Central Council), order (instruction) of the Chairman of the Company on assigning property to the right of operational management, in the event that the actual transfer of property is not required (the property is already on the balance sheet of the structural unit). In this case, an agreement on the transfer (assignment) of property to operational management can also be drawn up.

4.4. Grounds for the emergence of the right of operational management of a non-profit (public) institution created by the Company:

Resolution of the authorized body of the Company on the creation of an institution (in this case, an agreement is concluded on the transfer (assignment) of property to operational management);

Agreement on the transfer (assignment) of property to operational management (to an existing institution).

4.5. Broadcast real estate in operational management is subject to state registration in established by law order at the expense of the funds of departments (organizations), institutions that accepted the property for operational management.

4.6. Ownership, use and disposal of property assigned to the right of operational management are carried out by structural divisions of the Company on the basis of accountability to a higher structural division of the Company, in accordance with the goals of their activities, the tasks of the owner and the purpose of the property.

A department (organization) has the right to dispose of the property belonging to it, including with the consent of the Central Council, only to the extent that does not deprive it of the opportunity to carry out activities, the subject and goals of which are determined by the Charter of the Society.

4.7. The right to exercise control over the effective use of property by local branches (organizations) in accordance with its intended purpose belongs to the regional branch (organization), which includes these local branches (organizations).

4.8. Ownership and use of property assigned to the right of operational management is carried out by the institution in accordance with the Charter and (or) an agreement on the transfer (assignment) of property to operational management, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property. An institution does not have the right to alienate or otherwise dispose of the property assigned to it and property acquired from funds allocated to it according to estimates or from income from the use of property under operational management.

4.9. Property held by a branch (organization) of the Company or institution with the right of operational management is reflected on its balance sheet.

A department (organization) or institution independently pays tax on property transferred to operational management and bears all obligations associated with its use and disposal. If buildings and structures are transferred to the operational management of a department (organization) of the Company, an institution, then the department (organization), institution of the Company, in accordance with the established procedure, independently draws up land allotment documents for land plot on which these buildings and structures are located. In this case, the department (organization) or institution independently pays the land tax (rent) at the rates established by the relevant regulations.

4.10. Property assigned to a department (organization) or institution under operational management is subject to reproduction in accordance with established depreciation rates.

4.11. In the event of liquidation of a branch (organization) of the Company, an institution as a legal entity, its movable and immovable property, owned by the right of operational management, is returned to the Company. Other property is sold to satisfy obligations to creditors, as well as to fulfill contractual and other legal claims of legal entities and individuals. The property remaining after satisfaction of the legal claims of creditors also becomes the property of the Company.

4.12. The Company, as the owner of property assigned to departments (organizations) and institutions, has the right to withdraw excess, unused or improperly used property and dispose of it at its own discretion. The right to operational management of property terminates from the moment of adoption of the resolution of the Central Council or order (instruction) of the Chairman of the Company (which is subsequently approved by the Central Council) on the seizure of property. The user and the authorized body (Representative) of the Company are obliged, on the basis of the accepted documents, to draw up an act of acceptance and transfer of property to the owner or another entity determined by the owner within 30 days.

5. MANAGEMENT OF PROPERTY ASSIGNED BY THE RIGHT OF OPERATIONAL MANAGEMENT TO REGIONAL (LOCAL) DEPARTMENTS (ORGANIZATIONS) OF THE COMPANY.

5.1. The Company grants the regional branch (organization), as well as the local branch (organization) having the status of a legal entity, the following rights and powers to carry out the duties assigned to it for the operational management of the property transferred to it:

Use the income received as a result of the use of property transferred to operational management for the maintenance and operation of the property, acquire the materials and property necessary for this, conclude agreements with individuals and legal entities in the prescribed manner, involve specialists, experts, and consultants in the work;

Funds received as a result of the use of property transferred to operational management, remaining after covering the costs of its maintenance, should be used to finance the statutory activities of the department (organization);

Independently manage movable property transferred to operational management in accordance with the goals of its activities and the purpose of the property, make various transactions with it, including those aimed at alienating this property;

Exercise other rights and powers for the operational management of property that do not contradict current legislation, the Charter and these Regulations.

5.2. When carrying out operational management of property, the department (organization) of the Company is assigned the following responsibilities:

Conscientiously carry out operational management of the transferred property, ensure its safety and efficient use;

Ensure the targeted and effective use of income received as a result of the use of property transferred to operational management;

Carry out state registration of the right of operational management of real estate for the department (organization) and the right of ownership of the said property for the Company at its own expense;

Ensure the implementation of orders, instructions, instructions, assignments and other administrative documents of the Company’s bodies, as well as plans for organizational and other activities approved by the Central Council in relation to the management of property transferred to operational management;

Pay the necessary taxes and fees, fulfill other legally established obligations related to the use of property;

Prepare in established forms and submit to the higher Council, to the competent government bodies, to the departments of the regular executive apparatus of the Central Council of the Company, statistical, accounting and other established reporting, as well as information on the results of its financial activities;

Ensure compliance technical condition property rules, standards, technical regulations and other regulatory documents, take measures to improve the technical and operational condition of this property;

Organize the planning and implementation of work on reconstruction, repair and maintenance of property, attracting contractors for these purposes in the prescribed manner, organizing the financing of these works, monitoring their timely implementation and the quality of repair work;

Provide, in accordance with the established procedure, information on the progress of work on maintenance, repair, reconstruction of real estate transferred to operational management.

5.3. The Company, in relation to property transferred to operational management, has the right:

Monitor the performance of the department (organization) of the functions assigned to it in accordance with these Regulations;

Cancel decisions of the Council of a regional (local) branch (organization) adopted on issues related to the operational management of property that contradict the provisions of legislative and other regulatory legal acts of the federal authorities of the Russian Federation, rules, standards, technical norms and other regulatory documents adopted by federal authorities executive power of the Russian Federation within their competence, as well as the Charter and other internal regulations Societies;

Issue orders and give instructions on issues related to the use of property transferred to operational management;

Issue to the department (organization) a plan - an assignment for the implementation of work on construction, reconstruction, repair and maintenance of property transferred to operational management;

Independently or through bodies or organizations authorized by him to carry out an inspection of the activities of the department (organization) insofar as it relates to the operational management of property.

5.4. The regional branch (organization), in relation to the property transferred by the Company for operational management to the local branch (organization), has the right:

Monitor the performance of the local department (organization) of the functions assigned to it in accordance with these Regulations;

Cancel decisions of the Council of the local branch (organization) adopted on issues related to the operational management of property that contradict the provisions of legislative and other regulatory legal acts of the federal authorities of the Russian Federation, rules, standards, technical norms and other regulatory documents adopted by the federal executive authorities of the Russian Federation Federations within the limits of their competence, as well as the Charter and other internal acts of the Society;

Give, within the limits of competence, orders and instructions on issues related to the use of property transferred to operational management;

Independently or through bodies or organizations authorized by him to carry out inspections of the activities of the local branch (organization) insofar as they relate to the operational management of property;

5.5. A department (organization) does not have the right to alienate real estate owned by it with the right of operational management, lease it for a period of more than a year, pledge it, or make a contribution to the authorized (share) capital of business companies without the consent of the Central Council of the Society.

5.6. If it is necessary to dispose of real estate transferred by the Company to operational management, the department (organization) sends a written application addressed to the Chairman of the Company, in which it informs of its intention to make a transaction for the alienation of real estate or to otherwise dispose of the real estate assigned to it.

Attached to the letter: conclusion ( economic justification) structural division of the Company, title documents, accounting data on the balance sheet, stopping value, etc., data on the market value of the property.

5.7. After checking the submitted documents, the executor appointed by the Chairman of the Company, together with a representative of the structural unit of the Company, can go on site to check the actual condition of the facility, the compliance of the data in the accounting acts with the indicators at the facility. Based on the materials received, the Chairman (Central Council) of the Company, within the limits of its competence, makes a decision on consent to the transaction or on refusal to give consent to the disposal of real estate. ABOUT the decision taken is communicated to the applicant.

5.8. In a decision on consent to a transaction with real estate by a department (organization) of the Company, the price of the transaction and the procedure for distributing income from its sale between the Company and the department (organization) may be determined. If the transaction price is not determined, then the alienation of real estate, as well as its transfer for rent, is carried out in the following forms:

On an auction basis;

An auction or competition is held by a department (organization) in the manner prescribed by current legislation.

5.9. Real estate that has fallen into disrepair, the restoration of which is impossible or economically impractical and which cannot be sold, is subject to write-off in the following order:

The department (organization) submits a written application addressed to the Chairman of the Company to write off fixed assets.

Attached to the letter:

Shares (shares) in the authorized capitals of business companies, organizations formed as a result of making, in accordance with current legislation, both the Company’s property and the rights to use this property as a contribution to the authorized funds.

6.2. The Company carries out its activities in the management bodies of business partnerships, societies and other business organizations (hereinafter referred to as companies) through its Representatives:

Employees of the full-time executive apparatus of Councils at all levels (in accordance with their functional responsibilities);

Legal entities of various organizational and legal forms, as well as citizens of the Russian Federation on the basis of agreements to represent the interests of the Company, concluded in accordance with civil law.

6.3. The competence of the Central Council of the Company for the management of shares, interests (participants) in the authorized capital of organizations:

Makes decisions on the purchase of shares, blocks of shares, and their early sale;

Approves cost estimates for the purchase of shares of joint-stock companies (shares in the authorized capital);

Determines the direction of spending funds received in the form of income from the use of blocks of shares, interests (shares) in the authorized capital of business companies;

Hears a report on the economic efficiency and feasibility of owning shares (shares), blocks of shares;

Exercises other powers in accordance with current legislation, the Charter, and decisions of the Company’s bodies.

6.4. Competence of the Chairman of the Company for the management of shares, interests (shares) in the authorized capital of organizations:

Makes a decision on the transfer of blocks of shares, shares (participants) to trust management;

Appoints and recalls Representatives;

Concludes an agreement for the representation of interests with the Company Representative, if the latter is a legal entity;

Issues a power of attorney to the Representative;

Receives reports from Representatives of the Company on its activities;

Controls the payment joint stock companies, other business companies dividends on shares, shares (shares) owned by the Company;

Carry out the sale and purchase of shares, shares within the limits of independent disposal of property and funds of the Company, established by the Central Council of the Company.

7. TRANSFER OF PROPERTY OBJECTS FOR RENT.

7.1. Lease of property, including real estate, is carried out by the Chairman of the Company or, on his instructions, by a representative of the structural divisions of the Company.

7.2. Lease of the Company's property is carried out in the following forms:

On an auction basis;

Through a commercial competition;

Lease for up to one year or more long term in agreement with the Central Council.

7.3. Based on the results of an auction, competition, or in accordance with the decision on the lease, a lease agreement is concluded, which is the main document regulating the relationship between the landlord and the tenant.

7.4. To draw up a lease agreement, the following documents or certified copies must be submitted:

Certificates of state registration.

Entrepreneurs present a certificate of state registration and tax registration.

7.5. When prolonging a lease agreement, tenants provide, in addition to the above documents, information on the proper fulfillment of the terms of the agreement.

7.6. When transferring a premises, building or structure to a specific address, as well as when extending the validity of a previously concluded agreement, a certified copy of the technical passport is attached to the listed documents.

7.7. If a real estate lease agreement is concluded for a period of 1 year or more, it is subject to state registration with the justice institution for state registration of rights to real estate and transactions with it. The obligation to pay the fee for registering the lease agreement rests with the tenant.

8. ALIENSION OF THE COMPANY’S PROPERTY.

8.1. Transactions with the Company's property (purchase and sale agreement, exchange, pledge) on behalf of the Society within the limits established by the Central Council, or on its instructions - by the Presidium of the Central Council, are carried out by the Chairman of the Society. When carrying out transactions aimed at alienating property, the Chairman must act in the interests of the Company in good faith and reasonably.

The Chairman of the Company has the right to issue a power of attorney to a representative of the department (organization) on whose territory the specified property is located. The decision (order, instruction) of the Chairman of the Company on the alienation of real estate is approved at the next Plenum of the Central Council. The decision (order, order) of the Chairman of the Company on the alienation of real estate must indicate for what purposes and in what amount the proceeds from the sale of property should be used, including for the restoration of the Company's fixed assets.

8.2. The sale of the Company's real estate can be carried out in the same way:

On an auction basis;

Through a commercial competition.

An auction or competition is held in the manner prescribed by current legislation.

8.3. A mandatory annex to the contract for the purchase and sale of real estate (exchange, pledge) is a report on the market value of this property, drawn up in accordance with the Federal Law “On Valuation Activities in the Russian Federation” (including internal valuation).

8.4. Entering real estate into authorized capital business entities, the creation of institutions and funds on its basis is not allowed. Mandatory annex to the decision on the inclusion of movable property in the authorized capital economic society or fund is a report on the market value of this property.

9. TRANSITIONAL PROVISIONS.

9.1 Regional branches (organizations), for the purpose of determining the composition, shares and securing rights to property on their balance sheet, submit to the Central Council a list of property in use as of December 31, 2005, compiled on the basis of an inventory of property.

9.2. The list is approved by the Chairman of the department (organization), who is personally responsible for the accuracy of the information provided. An inventory report is attached to the list.

9.3. The list of property subject to inventory includes all property held by regional branches (organizations), regardless of its location, including property held by local branches (organizations) that are part of these regional branches (organizations), property transferred by the branch ( organization) other legal entities and citizens (for rent, operational management, use and for other reasons).

9.4. The inventory is subject to:

Real estate, structures;

Land plots used by a department (organization) on the right of permanent (perpetual) use, lease, etc., indicating the property located on them (per object);

Vehicles, machinery and equipment;

Financial assets.

9.5. The inventory report includes the following information:

For buildings and structures - purpose, main materials from which they are built, volume (according to external or internal measurements), area (total usable area), number of floors (excluding basements, semi-basements, etc.), year of construction, etc. , availability of documents confirming the location of the specified objects in the property of the Company (organization, branch), their details;

For land plots - category of land, purpose, area, availability of documents confirming the rights to the land plot, their details, use of the land plot, property located on the land plot (asphalt pavement, fencing, structures, communications, etc.);

By vehicles, machines and equipment - factory inventory number according to the technical passport of the manufacturer, year of manufacture, purpose, power, etc.

9.6. To determine the owner of the property, the department (organization) and the Company, in which the property of the Company and the property of the regional department (organization) are distinguished in the following order: the regional department (organization) submits a list of objects owned by the regional department (organization) with the following documents attached for the objects real estate and structures: technical passport of the object, copies of title documents (certificate of ownership, act of acceptance and transfer, act of acceptance into operation, contracts, etc.), documents for the land plot on which the real estate object is located, documents confirming the creation or purchasing an object using the department’s (organization’s) own funds.

The Presidium of the Central Council, after receiving the specified documents, is obliged to consider them, if necessary, agree on changes and sign a separation act or an act of consolidation, or accept a reasoned refusal if there are no grounds for the regional branch (organization) to acquire ownership rights to the property indicated by it. If, during the verification of the submitted documents, it is established that the Company’s funds were partially used for the acquisition or creation of property of a regional branch (organization), then the registration of the property is carried out taking into account the allocation of shares or compensation payments to the Trust Fund for replenishment of the Company’s property.

9.7. Property owned by the Company as of January 1, 2006, the ownership of which will not be assigned to regional branches (organizations) until July 1, 2008, is the property of the Company as a whole.