A variety of reasons can lead to the question of how to create a community. small peoples north. Such communities are usually needed to preserve culture and species economic activity, development of traditions, protection of habitat and conduct of traditional crafts. The presence of a community helps to resolve many issues that cannot be resolved by an individual.

How does community creation work?

To create a community you will need the following documents:

• Charter developed and approved by the founders. It indicates the name of the organization, its location, and the main types of activities (economics) that the organization will conduct. The contents of the charter are regulated and subject to state requirements;
• Passport details of the founders and management;
• Form P11001, correctly completed and certified by a notary;
• Paid receipt of state duty;
• Memorandum of association.

The charter establishes the body that makes decisions. Usually this is a general meeting of society members. According to the law, such organizations are considered non-profit. But they can conduct commercial activities, for example, put up for sale the results of their craft or labor.

How to register an organization

The community is a legal entity and can defend its interests only if it has been registered. Otherwise, it does not have the rights of a legal entity. Only persons over 16 years of age can join the organization; if they wish, they can leave the community.

Registration of communities of indigenous peoples of the north is carried out by the Ministry of Justice of the Russian Federation. If you have doubts about how to register a legal entity, you can choose one of the following paths:

• Ask questions directly to the Ministry of Justice. Employees should tell you how to fill out documents;
• Seek help from professional lawyers. This will help get rid of all problems and shift the headache of registering a legal entity onto the shoulders of professionals.

IN GK Changes have been made in accordance with which a new type of non-profit organization - the community of indigenous peoples of the Russian Federation - has received legislative recognition.

Art. 69 The Constitution of the Russian Federation established that the Russian Federation guarantees the rights of indigenous peoples in accordance with generally recognized principles and norms of international law and international agreements.

This type of non-profit organization was first mentioned in the Law on Non-Profit Organizations. So, in clause 4 art. 6.1 The Law on Non-Profit Organizations states that the specifics of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.

In development of these provisions Constitution RF and Law The following legal acts were adopted on non-profit organizations: the federal law dated April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, the federal law dated July 20, 2000 N 104-FZ "On the general principles of organizing communities of indigenous peoples of the North, Siberia and Far East Russian Federation", the federal law dated May 7, 2001 N 49-FZ "On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." At the same time, it is fundamental the federal law dated April 30, 1999 N 82-FZ, in which the guarantees of the rights of indigenous peoples are set out most fully.

The need for special legal status for indigenous peoples of the Russian Federation is due, first of all, to the fact that such peoples, in addition to the fact that they are small in number, live in extreme climatic conditions that have a negative impact on the human body. Labor activity of these peoples in traditional and practically the only areas of economic activity possible for them is significantly and constantly hampered by the reduction of those at their disposal and which are the source of their existence natural resources. The impact of such negative factors can lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing for additional measures of their legal protection.

According to Art. 123.16 The Civil Code of Communities of Indigenous Peoples of the Russian Federation recognizes voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial neighbors in order to protect the original habitat, preserve and develop traditional ways of life, economics, crafts and culture .

Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three.

Foreign citizens and stateless persons cannot be founders of communities of small peoples.

Founders cannot be legal entities.

Organs state power of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local self-government bodies, and their officials cannot be founders of communities of small peoples.

Members of a community of indigenous peoples of the Russian Federation have the right to receive part of its property or compensation for the cost of such part upon leaving the community or its liquidation in the manner prescribed by law.

The community of indigenous peoples of the Russian Federation, by decision of its members, can be transformed into an association (union) or an autonomous non-profit organization.

In turn, the definition of indigenous peoples is given in Art. 1 Federal Law of April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, according to which indigenous peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts, numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities.

The unified list of indigenous peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of state authorities of the constituent entities of the Russian Federation in the territories of which these peoples live ( Resolution The Government of the Russian Federation dated March 24, 2000 N 255 established such Scroll).

Community members have the right to receive part of its property or compensation for the cost of such part upon leaving the community of small peoples or upon its liquidation. The procedure for determining part of the property of a community of small-numbered peoples or compensation for the cost is established by law.

Approved by the Federation Council

Real the federal law establishes general principles for the organization and activities of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous peoples, and also defines legal basis community form of self-government and state guarantees for its implementation.

Article 1. Basic concepts

This Federal Law uses the following concepts:

indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation (hereinafter referred to as small-numbered peoples) - peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, farming and crafts, numbering less than 50 thousand people and realizing themselves as independent ethnic communities;

representatives of other ethnic communities- representatives of ethnic communities that do not belong to small peoples, but permanently reside in the areas where these peoples live and carry out the traditional management of small peoples;

communities of small peoples - forms of self-organization of persons belonging to small peoples and united according to consanguinity (family, clan) and (or) territorial-neighborhood characteristics, created in order to protect their original habitat, preserve and develop traditional ways of life, farming, crafts and culture;

family (tribal) communities of small peoples - forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts;

territorial-neighboring communities of small peoples - forms of self-organization of persons belonging to small peoples, permanently residing (compactly and (or) dispersedly) in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts;

unions (associations) of communities of small peoples - interregional, regional and local associations of communities of small peoples.

Article 2. Relations regulated by this Federal Law

This Federal Law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small peoples.

Article 3. Scope of this Federal Law

This Federal Law applies to all communities of small peoples, including those created before its entry into force, as well as to unions (associations) of communities of small peoples.

Article 4. Legislation of the Russian Federation on communities of small peoples

1. The legislation of the Russian Federation on communities of small peoples consists of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

2. Decisions on issues internal organization communities of small peoples and the relationships between its members can be accepted on the basis of the traditions and customs of small peoples that do not contradict federal legislation and legislation of the constituent entities of the Russian Federation and not damaging the interests of other ethnic groups and citizens.

Article 5. Principles of organization and activities of communities of small peoples

The organization and activities of communities of small peoples are based on the principles:

equality of communities of small peoples before the law, regardless of the types of their activities and the number of members of the community of small peoples;

voluntariness, equality, self-government and the rule of law;

freedom to determine one's own internal structure, forms and methods of their activities;

publicity.

The activities of the communities are non-commercial in nature.

Article 6. Restrictions on the organization and activities of communities of small peoples

The organization and activities of communities of small peoples for purposes other than those specified by this Federal Law, the laws of the constituent entities of the Russian Federation, and the constituent documents of the corresponding community of small peoples are prohibited.

Article 7. Relationships of communities of small peoples with state authorities and local governments

1. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies, in order to protect the original habitat and traditional way of life, the rights and legitimate interests of small peoples, can provide assistance to communities of small peoples, unions (associations) of communities of small peoples in form:

providing tax benefits and benefits;

targeted financing of regional and local programs for the preservation and development of traditional lifestyles, economic activities and crafts of small peoples;

concluding agreements with communities of small peoples, unions (associations) of communities of small peoples for the performance of work and the provision of services;

targeted training personnel in professions necessary for communities of small peoples, unions (associations) of communities of small peoples for self-government and traditional management of small peoples;

free advisory assistance on issues of traditional economic management of small peoples;

providing, on a competitive basis, a social contract for the development and implementation of regional and local programs of socio-economic assistance to communities of small peoples.

In places of compact residence of small peoples, local government bodies, at the proposal of communities of small peoples, unions (associations) of communities of small peoples, can vest them with separate powers of local government bodies.

2. Issues affecting the interests of communities of small peoples are resolved by state authorities of the constituent entities of the Russian Federation and local governments, taking into account the opinions of communities of small peoples.

3. State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, and their officials do not have the right to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, except for cases provided for by federal legislation and the legislation of constituent entities of the Russian Federation. Federation. Actions of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, their officials, violating the independence of communities of small peoples, unions (associations) of communities of small peoples, can be appealed in the manner established by federal legislation.

Article 8. Organization of communities of small peoples

1. Communities of small peoples are organized on a voluntary basis on the initiative of persons belonging to small peoples who have reached the age of 18 years. The will to join the community of small peoples must be expressed in the form of a written statement or as an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).

Communities of small peoples are organized without a limitation on the period of activity, unless otherwise established by the constituent documents of the community.

2. Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three.

Foreign citizens and stateless persons cannot be founders of communities of small peoples.

The founders cannot be legal entities.

State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, and their officials cannot be founders of communities of small peoples.

3. The constituent documents of a community of small-numbered peoples are:

memorandum of association;

The founding agreement is concluded by the founders of the community of small-numbered peoples, and the charter is approved by the general meeting (gathering) of community members.

The constituent documents of a community of small-numbered peoples must define:

name of the community;

location;

main types of management.

The constituent documents of a community of small peoples may contain other information provided for by this Federal Law and the laws of the constituent entities of the Russian Federation.

Constituent documents are signed by the founders of the community of small peoples.

From the moment a decision is made to organize a community of small peoples, it is considered created.

The created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.

4. By decision of the general meeting (gathering) of members of the community of small-numbered peoples, persons who are not members of the small-numbered peoples, who carry out traditional farming and are engaged in the traditional crafts of the small-numbered peoples, can be accepted as members of the community.

5. A person’s refusal to join a community of small peoples cannot serve as a basis for limiting his right to independently carry out traditional farming and engage in traditional crafts.

Article 9. Constituent assembly of the community of small-numbered peoples

Decisions on the creation of a community of small-numbered peoples, on the approval of its charter, on the formation of governing bodies and control bodies are made at constituent assembly communities of small peoples. All citizens living in the territory (part of the territory) of the corresponding municipality have the right to attend the founding meeting of a community of small peoples.

Article 10. Charter of the community of small-numbered peoples

1. The charter of a community of small peoples must determine:

type of community, subject and goals of its activities;

composition of founders;

name and location;

sources of formation of community property and the procedure for its use;

the procedure for distributing income from the sale of surplus products of traditional farming and products of traditional crafts;

procedure for compensation of losses;

conditions of liability of community members for debts and losses of the community;

the procedure for using property in the event of liquidation of the community;

the structure and competence of the community's governing bodies, the procedure for their decision-making, the list of issues on which decisions are made by a qualified majority of votes;

the procedure for making changes and additions to the constituent documents;

frequency of holding a general meeting (gathering) of community members;

the procedure for reorganization and liquidation of the community;

rights and responsibilities of community members;

the procedure and conditions for admission to and exit from the community;

the procedure and nature of participation of community members in its economic activities;

responsibility of community members for violation of obligations regarding personal labor and other participation.

The charter of a community of small peoples may contain a description of the symbols of a community of small peoples.

The charter of a community of small-numbered peoples may contain other provisions related to the activities of the community that do not contradict federal legislation.

2. A community of small peoples must report changes to its charter to state authorities and (or) local governments within the time frame and in the manner established by the legislation of the constituent entities of the Russian Federation.

Article 11. Membership in the community of small peoples

1. Membership in a community of small peoples can be collective (membership of families (clans)) and individual (membership of persons belonging to small peoples).

Individual members of a community of small peoples can be persons belonging to small peoples who have reached the age of 16 years, leading a traditional way of life for these peoples, carrying out traditional farming and engaging in traditional crafts.

Members of the community of small peoples have the right to leave it.

In case of leaving the community of small-numbered peoples, a member of the community and members of his family are given a share of the property of the community of small-numbered peoples.

When one or more of its members leave the community and are allocated a share of the community’s property, it must be ensured that those who leave have the opportunity to lead a traditional way of life and carry out traditional farming.

The rights and obligations of members of a community of small peoples, the procedure and conditions for joining and leaving the community are determined by the charter of the community of small peoples.

Foreign citizens and stateless persons cannot be members of a community of small peoples, but have the right to provide communities of small peoples, unions (associations) of communities of small peoples with material, financial and other assistance.

2. Belonging to a community of small-numbered peoples of persons belonging to small-numbered peoples cannot serve as a basis for restricting their human and civil rights and freedoms, as a condition for granting them any benefits and advantages, except for cases provided for by federal legislation.

3. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, and their officials cannot be members of a community of small peoples.

Article 12. Rights of members of the community of small peoples

1. Members of a community of small peoples, in accordance with the charter of a community of small peoples, have the right to:

participation in community decision-making;

participation in elections of community governing bodies and the right to be elected to these bodies;

receiving a share from the property of the community or its compensation upon leaving the community or upon its liquidation;

leaving the community;

other rights provided for by the community charter.

2. Members of a community of small peoples, in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation, have the right to use animals and flora, common minerals and other natural resources.

Article 13. Responsibilities of members of the community of small peoples

1. Members of a community of small peoples are obliged to:

comply with the community charter;

rational use of natural resources and implementation of environmental measures;

perform other duties provided for by the legislation of the Russian Federation.

2. Members of a community of small peoples are liable for the obligations of the community of small peoples within the limits of their share from the property of the community of small peoples.

3. The community of small peoples is not responsible for the obligations of its members.

Article 14. General meeting (gathering) of members of the community of small peoples

1. The highest governing body of a community of small peoples is the general meeting (gathering) of members of the community of small peoples.

The general meeting (gathering) of members of the community of small-numbered peoples is convened as needed, the frequency of its holding is determined by the charter.

A general meeting (gathering) of members of a community of small-numbered peoples is considered authorized if at least half of the community members participate in it, unless other rules are established by the community’s charter.

The charter of a community of small-numbered peoples may provide for the convening of a general meeting (gathering) of community members at the request of at least one third of its members.

The general meeting (gathering) of members of the community of small-numbered peoples considers all the most important issues of the life of the community of small-numbered peoples.

2. The exclusive competence of the general meeting (gathering) of members of the community of small-numbered peoples includes:

adoption of the community charter;

election of the board (council) of the community and its chairman;

acceptance of new members;

exclusion from the community;

determination of the main directions of the community’s activities;

election of the audit commission;

making decisions on reorganization, liquidation and self-dissolution of the community;

approval of decisions of the chairman of the board (council) of the community.

The charter of a community of small peoples may include other issues related to the activities of a community of small peoples within the powers of the general meeting (gathering) of members of a community of small peoples.

Article 15. Board (council) of the community of small-numbered peoples

1. The governing body of a community of small-numbered peoples is the board (council) of the community of small-numbered peoples.

The board (council) of a community of small-numbered peoples is elected consisting of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) of members of the community of small-numbered peoples by a simple majority of votes.

The board (council) of the community of small peoples organizes the activities of the community of small peoples during breaks between general meetings (gatherings) of members of the community of small peoples and holds meetings as necessary.

The powers of the board (council) of a community of small peoples and the term of office are established by the charter of the community of small peoples.
Members of the community who received more than half of the votes of its members present at the general meeting (gathering) of community members are considered elected to the board (council) of a community of small-numbered peoples.
2. The board (council) of a community of small peoples has the right:

consider applications from citizens who have expressed a desire to join the community and recommend them for joining the community;

determine the number of workers attracted by the community of small peoples according to employment contracts, and the procedure for remuneration for their labor in accordance with the labor legislation of the Russian Federation;

approve the decision of the chairman of the board (council) of the community.

The charter of a community of small-numbered peoples may grant other powers to the board (council) of the community.

Article 16. Powers of the chairman of the board (council) of a community of small peoples

Chairman of the board (council) of the community of small-numbered peoples:

organizes the work of the board (council) of the community;

during the period between meetings of the board (council) of the community, resolves all organizational, production and other issues, with the exception of those issues that are the responsibility of the general meeting (gathering) of community members or the board (council) of the community;

in accordance with the community charter, assembles the board (council) of the community and the general meeting (gathering) of community members;

represents the community in relations with state authorities of the constituent entities of the Russian Federation and local governments.

The charter of a community of small-numbered peoples may grant other powers to the chairman of the board (council) of the community.

Article 17. Property of communities of small peoples

1. The ownership of communities of small peoples may include:

property transferred by community members as a contribution (contribution) during the organization of the community;

financial assets owned by the community (own and borrowed);

voluntary donations from individuals and legal entities, including foreign ones;

other property acquired or received by the community in accordance with the legislation of the Russian Federation.

2. Communities of small peoples independently own, use and dispose of their property.

3. Communities of small peoples, with the consent of community members, have the right to sell the products of labor produced by its members.

4. Communities of small peoples bear material and other responsibility in accordance with the legislation of the Russian Federation.

Article 18. Benefits provided to members of the community of small peoples

In order to protect the original habitat, preserve and develop the traditional way of life and economic management of small peoples, members of the community of small peoples enjoy benefits established by federal legislation and the legislation of the constituent entities of the Russian Federation.

Article 19. Activities of communities of small peoples in the field of education and culture

1. In order to preserve the cultures of small peoples, communities of small peoples can organize the upbringing and education of children of community members, based on the traditions and customs of these peoples.

The involvement of teachers for the education and training of children of members of communities of small peoples can be carried out on the basis of agreements between communities of small peoples and executive authorities of the constituent entities of the Russian Federation and local governments.

2. Communities of small peoples have the right to observe the religious traditions and rituals of small peoples, if such traditions and rituals do not contradict the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation, the maintenance and protection of places of worship, the creation of their own cultural centers and other public associations.

Article 20. Unions (associations) of communities of small peoples

1. Communities of small peoples, regardless of their types of economic activity, have the right to voluntarily unite into unions (associations) of communities on the basis of constituent agreements and (or) charters adopted by unions (associations) of communities. The legal capacity of unions (associations) of communities of small peoples as legal entities arises from the moment of their state registration.

Unions (associations) of communities of small peoples are non-profit organizations.

2. Communities of small peoples - members of the union (association) of communities of small peoples retain their independence and the rights of a legal entity.

3. The union (association) of communities of small peoples is not responsible for the obligations of its members. Members of a union (association) of communities of small peoples bear subsidiary liability for the obligations of the union (association) in the amount and manner provided for by the constituent documents of the union (association).

4. The name of the union (association) of communities of small peoples must contain an indication of the main subject of activity of its (her) members with the inclusion of the word “union” or “association”.

Article 21. Reorganization of communities of small peoples, unions (associations) of communities of small peoples

1. Reorganization of communities of small peoples, unions (associations) of communities of small peoples is carried out by decision of a general meeting (gathering) of members of a community of small peoples or a congress (conference) of unions (associations) of communities, adopted by a qualified majority of members of a community of small peoples or a union (association) of communities small peoples.

2. Reorganization of communities of small peoples, unions (associations) of communities of small peoples can be carried out in the form of merger, annexation, division and separation of communities.

3. State registration of communities of small peoples, unions (associations) of communities of small peoples, newly formed after reorganization, is carried out in the manner established by federal legislation.

4. The property of communities of small peoples, unions (associations) of communities of small peoples that are legal entities, passes after their reorganization to the newly formed communities of small peoples, unions (associations) of communities of small peoples that have become legal entities, in the manner prescribed by the Civil Code of the Russian Federation .

Article 22. Liquidation of communities of small peoples, unions (associations) of communities of small peoples

1. Communities of small peoples, unions (associations) of communities of small peoples may be liquidated on the basis and in the manner established by federal legislation.

2. In addition, communities of small peoples may be liquidated in the event of:

withdrawal from the community of more than two thirds of the founders or members of this community or other actual impossibility of continuing the activities of this community;

cessation of traditional farming and traditional crafts;

repeated gross violations community goals defined in the charter of this community. Liquidation is carried out by court decision.

3. When a community of small-numbered peoples is liquidated, its property remaining after satisfaction of the creditors’ claims is subject to distribution among members of the community in accordance with their share of the property of the community of small-numbered peoples, unless otherwise established by the charter of the community of small-numbered peoples. The decision on the use of the property of a community of small-numbered peoples, a union (association) of communities of small-numbered peoples remaining after satisfying the claims of creditors is published liquidation commission in the press.

4. An entry on the termination of the activities of a community of small-numbered peoples is made in the register of the justice body carrying out state registration of legal entities upon submission of the following documents:

an application to terminate the activities of the community, signed by a person authorized by the general meeting (gathering) of members of the community of small-numbered peoples;

decision of the relevant authority to liquidate the community;

charter of the community of small peoples;

liquidation or separation balance sheet;

document on the destruction of the community seal.

Disputes regarding the liquidation of communities of small peoples are resolved in court.

The liquidation of a union (association) of communities of small peoples is carried out in accordance with the charter of this union (association) of communities of small peoples in the manner prescribed by federal legislation.

The decision to liquidate a community of small peoples, a union (association) of communities of small peoples that are legal entities, is sent to the justice body that registered the community of small peoples, a union (association) of communities of small peoples.

If a community of small peoples has not passed state registration, the decision on its liquidation or self-dissolution is sent to state authorities and (or) local governments in the manner and within the time frame established by the legislation of the constituent entities of the Russian Federation.

Article 23. Appeal against actions of state authorities and local self-government bodies

Communities of small peoples have the right to appeal to the court the actions of state authorities, local governments, and their officials that infringe on the rights of communities of small peoples and their members, in the manner prescribed by law, and also demand compensation for losses caused to them as a result of damage to the environment.

Article 24. Final provisions

1. This Federal Law comes into force on the date of its official publication.

2. To propose to the President of the Russian Federation and the Government of the Russian Federation to bring their legal acts into compliance with this Federal Law.

The president
Russian Federation
V. Putin

Federal Law of July 20, 2000 N 104-FZ
"About general principles organizations of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation"

With changes and additions from:

This Federal Law establishes the general principles of organization and activity of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous peoples, and also defines the legal basis of the community form self-government and state guarantees of its implementation.

President of Russian Federation

Moscow Kremlin

The law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small-numbered peoples created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous small-numbered peoples. The legal foundations of the community form of self-government and state guarantees for its implementation are determined. The Law applies to all communities of small peoples, including those created before its entry into force, as well as to unions (associations) of communities of small peoples.

State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments can provide assistance to communities of small peoples and their unions (associations) in the form of providing tax benefits and benefits, targeted financing, targeted training in professions necessary for communities of small peoples, etc. In places of compact residence of small peoples, local government bodies, at the proposal of communities of small peoples or their unions (associations), may vest them with separate powers of local government bodies.

Issues affecting the interests of communities of small peoples are resolved by state authorities of the constituent entities of the Russian Federation and local governments, taking into account the opinions of communities of small peoples. At the same time, state authorities and local self-government bodies do not have the right to interfere in the activities of communities of small peoples or their unions (associations), except in cases provided for by law.

Constituent documents of indigenous communities

(samples legal documents)

Moscow

Constituent documents of communities of indigenous peoples (samples of legal documents)– M.: Publishing house MGUP, 2003

The publication contains samples of legal documents necessary for the creation of communities of indigenous peoples. The publication can be recommended to representatives of indigenous peoples, their activists and public associations

In the manual “Community - the path to unification and revival” we gave practical recommendations to create communities of indigenous peoples of the North, Siberia and the Far East. To simplify the process of paperwork and community registration, we provide sample examples of constituent documents that can be used when creating communities.

Project

PROTOCOL

constituent assembly of the community

indigenous people ____________

The founding meeting of the community took place “___”_________ 200___ at the address: _

Present: __

__________________________________

(last name, first name, patronymic in full)

__________________________________

(last name, first name, patronymic in full)

__________________________________

(last name, first name, patronymic in full)

__________________________________

(last name, first name, patronymic in full)

Meeting agenda:

1. On the creation of the Community __________________.

3. On approval of the Charter.

5. Formation of community control bodies

_________________ (full name) was elected chairman of the general meeting, and _____________________ (full name) as secretary.

_____________________________________________

)

no "against"

"abstained" no

DECIDED:

Create a non-profit organization ________________________________ _____________

.

On the second question the agenda was addressed by ________________________________ (full name),

who proposed to conclude a constituent agreement on the creation of the Community.

"behind"

(signatures) (decoding of signatures)

(if the meeting is attended by a large number of people – indicate the number of votes “for” and “against”, or “unanimously”)

no "against"

"abstained" no

DECIDED:

Conclude a constituent agreement on the creation of a community.

On the third question The agenda was addressed by ________________________________ (full name), who proposed to approve the Community Charter.

"behind" __________________ _______________________

__________________ _______________________

(signature) (signature decryption)

(if a large number of people take part in the meeting, indicate the number of votes or “unanimously”)

no "against"

"abstained" no

DECIDED:

Approve the Community Charter.

On the fourth question The agenda was addressed by ______________________________ (full name), who proposed electing _____________________________________________ to the Community Board, and electing _________________________________________________ as Chairman of the Board.

"behind" __________________ _______________________

(signatures) (decoding of signatures)

(if a large number of people take part in the meeting, indicate the number of votes “for” and “against”, or “unanimously”)

no "against"

"abstained" no

On the fifth question The agenda was addressed by ________________________________ (full name), who proposed electing an audit commission of the Community consisting of ________________________________________.

"behind" __________________ _______________________

(signatures) (decoding of signatures)

(if a large number of people take part in the meeting, indicate the number of votes “for” and “against”, or “unanimously”)

no "against"

"abstained" no

Chairman of meeting __________________ _______________________

(signature) (signature decryption)

Secretary of the meeting __________________ _______________________

(signature) (signature decryption)

Project

MEMORANDUM OF ASSOCIATION

about the creation non-profit organization

_____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities)

______________ "__"________200__

1. THE SUBJECT OF THE AGREEMENT

1.1. We, the founders of the community:

(last name, first name, patronymic in full)

(last name, first name, patronymic in full)

(last name, first name, patronymic in full)

4.3. The Community carries out other types of activities that are not prohibited by the current legislation of the Russian Federation and do not contradict the Charter of the Community.

5. MEMBERSHIP

5.1. Membership in the Community can be collective (membership of families (clans)) and individual (membership of persons belonging to the people ___________ (specify which one).

5.2. Community members have the right to leave. In case of leaving the community, a member of the Community and members of his family are given a share of the community's property.

5.3. The rights and obligations of members of the Community, the procedure and conditions for joining and leaving the Community are determined by the charter of the Community.

If, when organizing the Community, the founders transfer property as a contribution (contribution), this must be reflected in this agreement.

6. COMMUNITY MANAGEMENT PROCEDURE

6.1. The procedure for managing the Community, the structure of management bodies, the procedure for creating control bodies, as well as the competence of management bodies and control bodies are determined by the Charter of the Community.

6.2. The founders (members) of the Community participate in the management of the Community in the manner determined by the charter and current legislation.

7. CONSIDERATION OF DISPUTES

7.1. The founders of the Community will make every effort to resolve all disagreements and disputes arising under this Agreement, in connection with it or as a result of its implementation, through negotiations.

7.2. Disputes and disagreements that cannot be resolved through negotiations are resolved in court or other procedures established by law.

7.3. Disputes and disagreements regarding issues of the internal organization of the Community and the relationships between its members can be resolved on the basis of the traditions and customs of small peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not harm the interests of other ethnic groups and citizens.

8. CHANGE AND TERMINATION OF THE AGREEMENT

8.1. This agreement becomes invalid only in the event of the liquidation of the Community.

8.2. Changes to this agreement are made in cases established by law.

9. ENTRY INTO FORCE

9.1. This Agreement comes into force from the moment it is signed by all founders.

10. FINAL PROVISIONS

10.1. All changes and additions to this Agreement must be made in writing.

10.2. If any of the provisions of this Agreement becomes invalid due to changes in legislation or other reasons, this will not be a reason for suspending the validity of the remaining provisions.

An invalid provision must be replaced by a provision that is legally permissible and close in meaning to the replaced one.

Founders' signatures:

__________________ _______________________

(signatures) (decoding of signatures)

Project

APPROVED

General meeting (gathering) of members

_____________________________________

(indicate the form of the community: family (tribal) or (territorial-neighborhood)

indigenous communities

_____________________

(indicate the name of the Indigenous Peoples and the Community)

"___"___________ 200 ___ g.

Chairman of the General Meeting (gathering)

_____________ __ _________________

(signature) (signature decryption)

U S T A V

_____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities)

1. GENERAL PROVISIONS

1.1_____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities), hereinafter referred to as the “Community”, was created for the joint implementation of the goals and objectives provided for by this Charter.

The community operates on the basis of voluntariness, equality, self-government, legality, transparency, and freedom in determining its internal structure, forms and methods of its activities.

1.2. The full name of the Community in Russian is _____________ _____________________________________________

(indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities).

Abbreviated name in Russian – _____________________ _______________________________________________________________

1.3. The Community carries out its activities in accordance with the Constitution, the Federal Law “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”, the Federal Law of the Russian Federation “On Non-Profit Organizations”, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation, this Charter.

1.4. The community is a non-profit organization and does not pursue the goal of making a profit.

1.5. The community freely disseminates information about its activities.

1.6. The organizational and legal form of the Community is a community of indigenous people.

1.7. Community Type – indicate (family (tribal), and/or territorial-neighborhood).

1.8. Territorial scope of activity of the Community: __________________.

1.9. Location of the Community – _________________________________ Location governing body Communities - Community Boards: _________________________________, according to specified address Community documents are kept.

The postal address of the Community is ________________________________________________.

2. LEGAL STATUS OF THE COMMUNITY

2.1. A community is considered created from the moment a decision is made to organize the Community and, after state registration, acquires the rights of a legal entity.

2.2. The community has separate property, is responsible for its obligations with this property, can, in its own name, acquire and exercise property and non-property rights, bear responsibilities, act as a plaintiff and defendant in courts.

2.3. The community has an independent balance sheet and has the right, in accordance with the established procedure, to open bank accounts on the territory of the Russian Federation and outside its territory.

2.4. The community has a round seal with its full name, has the right to have forms and stamps with its name, as well as an emblem registered in the prescribed manner.

2.5. The Community is not responsible for the obligations of Community members. The community is not responsible for the obligations of the state, and the state is not responsible for the obligations of the community. Members of the Community are liable for the obligations of the Community within the limits of their share of the property of the Community.

2.6. The community can create business partnerships, societies and other business organizations with the status of a legal entity, with the condition that they create at least 50 percent of jobs for __________ (SIPN), join Russian and international public associations, maintain direct international contacts and connections.

2.7. The community has the right to conclude contracts (agreements) with regional authorities and economic entities of all forms of ownership, to participate in the preparation of legislative and regulatory acts on issues of socio-economic and cultural development of the Sami.

3. COMMUNITY FOUNDERS

3.1. The founders of the Community are

1) ___________________________________________________

(last name, first name, patronymic in full)

passport __________________________________________, issued ________________________________ “____” ___________________

2) ___________________________________________________

(last name, first name, patronymic in full)

passport __________________________________________, issued ___________________________________ "____" __________________

3) ___________________________________________________

(last name, first name, patronymic in full)

passport __________________________________________, issued by ___________________________________ “____” ___________________

(the founders of the community must be at least 3 representatives of indigenous peoples)

4. SUBJECT AND GOALS OF THE COMMUNITY'S ACTIVITIES.

MAIN TYPES OF BUSINESS.

4.1. The main goals of the Community are:

Protection of the original habitat, preservation and development of the traditional way of life;

Preservation, revival and development of traditional sectors of economic activity, rational use of natural resources, ensuring the traditional way of life, culture and language, as well as preserving the settlement territory and habitat of the local population, as the main condition for the survival and development of indigenous peoples of the North;

Monitoring compliance with environmental legislation natural environment during the industrial use of lands and natural resources, construction and reconstruction of economic and other facilities in places of traditional residence and economic activity of small people _____________ ( indicate which one);

Promoting the creation favorable conditions to solve the problems of socio-economic and cultural revival and further development people ____________ (SIPN), implementation and protection of their civil, political, economic, social and cultural rights and freedoms.

The community also aims to strengthen friendship and mutual understanding of the ____________ people (SIPN) with other peoples.

4.2. The main types of economic activities of the Community are:

Indicate the specific activities that the community will engage in, e.g. :

Reindeer husbandry (breeding domestic reindeer), processing and sale of reindeer products, including the collection, procurement and sale of antlers, antlers, endocrine glands, offal, reindeer skins;

Fishing, including sea and river fishing, processing and sale of aquatic biological resources, including marine mammals;

Harvesting of marine animals and birds (hunting), processing and sale of harvested marine mammals;

Coastal crab fishing, extraction (collection), processing and sale of other aquatic animals and plants, including seafood that are not fished;

Hunting, processing and sale of hunting products;

Extraction, processing and sale of animals that are not hunted;

Gathering, including collection of wild plants, as well as processing and sale of wild plants and their fruits (berries, mushrooms, edible and medicinal plants, nuts, etc.), as well as the traditional collection of waterfowl eggs in designated areas;

Collection, processing and sale of things that are generally available for collection (animal bones, ornamental materials, dry wood and so on);

Dressing of animal skins, including sea skins;

Production of national utensils, equipment, sledges, boats, national fur clothing, shoes and their sale;

Production of national souvenirs, artistic and other works of national culture, as well as their sale;

Weaving from herbs and plants;

Other trades and crafts related to the processing of fur, leather, bone, ornamental and semi-precious stones;

Sled dog breeding and training, sales of sled dogs;

Breeding riding horses;

Home gardening;

Construction national homes or arrangement of housing in accordance with national traditions and customs;

Construction of religious and other buildings, as well as arrangement of places that have historical, cultural, religious, environmental, spiritual and other value for the Itelmens and Koryaks in accordance with their national traditions and customs;

Organization of ritual holidays related to the maintenance of traditional intra- and interethnic ties;

Transfer of traditional environmental knowledge, environmental education and development in this regard of a special sphere of ethno-ecological tourism;

Other traditional crafts, rural and community production;

Dissemination of environmental knowledge and involvement of indigenous and local populations in environmental activities;

Training of indigenous and local people to carry out conservation and rational use natural resources;

Study of natural and cultural heritage using them for educational purposes;

Creation of infrastructure for the development of environmental, ethno-historical and sports tourism;

Other types of activities in the field of education and culture.

4.3. The community can comply religious traditions and rituals of the people, if such traditions and rituals do not contradict the laws of the Russian Federation, may maintain and protect places of worship, create their own cultural centers and other public associations.

4.4. The community may carry out other types of activities not prohibited by the current legislation of the Russian Federation.

The duration and schedule of the working day, the procedure for providing days off are determined by the Community and approved at the general meeting of the Community.

7.2. The community independently determines the forms, systems and amount of remuneration. The organization of remuneration, as a rule, is based on the principles of collective and individual contracting, taking into account the final results of work. Individual earnings of Community employees are determined by labor contributions and the size of the share of profits that is allocated to wages. The community has the right to attract any specialists to work under an employment contract with remuneration by agreement of the parties.

7.3. Community employees are subject to social and health insurance in the manner and under the conditions established for workers and employees state enterprises. The community makes social and health insurance contributions in the manner and amounts established by current legislation.

7.4. The community has the right to enter into contractual relations with other organizations, with executive bodies of state power, and local government bodies to resolve issues of social, cultural and everyday development. Community employees are provided with benefits in accordance with current legislation. The community has the right, at the expense own funds establish additional social security benefits for members of the workforce.

7.5. Community members are required to take personal labor participation in the activities of the community. Otherwise, they are subject to exclusion from members of the community by decision of the General Meeting of Community Members.

It is also necessary to determine the measures of responsibility of Community members for violation of obligations regarding personal labor and other participation.

8. COMMUNITY GOVERNMENT BODIES

8.1. The highest governing body of the Community is the General Meeting of Community members, which is held at least ____________________ (indicate the most acceptable terms, for example - at least once a quarter).

8.2. The next meeting of the Community members is convened by decision of the Chairman of the Board, approved by the Community Board.

An extraordinary general meeting of Community members can be convened by decision of the Community Board, the Chairman of the Board, or at the request of at least one third of the Community members.

The Chairman of the Board notifies the members of the Community of the date, place of the general meeting and the agenda of the meeting no later than _________ (for example, 15 days, month) before the date of the general meeting.

8.3. The general meeting of Community members is considered authorized if more than half of the Community members participate in it. A decision is considered adopted if the majority of members present at the meeting vote for it.

One member (collective or individual) has one vote.

8.4. The exclusive competence of the General Meeting of Community members includes:

8.4.1. Acceptance (approval) of the Community Charter, amendments and additions to it;

8.4.2. Election of the Community Board and its Chairman;

8.4.3. Acceptance of new members;

8.4.4. Expulsion from the community;

8.4.5. Determination of the main directions of the Community’s activities;

8.4.6. Election of the audit commission;

8.4.7. Making decisions on reorganization, liquidation, self-dissolution of the community;

8.4.8. Approval of decisions of the Chairman of the Community Board.

On the issues listed in paragraphs 8.4.1, 8.4.3, 8.4.4., 8.4.7. (determine which one), the decision is made by a qualified (2/3) majority vote of the Community members.

The competence of the general meeting of members of the Community also includes:

Hearing reports from the Community Board and the Community Audit Commission;

Determining the procedure for distributing income from the sale of surplus products of traditional economics and products of traditional crafts;

Formation of the Community Comrades Court and the creation of voluntary public formations (teams, groups, etc.) to protect the environment and public order in accordance with current legislation;

The General Meeting of Community members has the right to consider any other issue related to the activities of the Community.

8.5. The permanent governing body during the period between general meetings of members of the Community is the Board of the Community, consisting of ______- (specify quantityHuman).

The Board organizes the activities of the Community and holds meetings as necessary, but at least _________ ( indicate a period, for example, at least 1once a month).

8.6. Members of the Community who receive more than half of the votes of its members present at the general meeting are considered elected to the Board of the Community.

8.7. Community Board:

Elects the Deputy Chairman of the Board;

Considers applications from citizens who have expressed a desire to join the Community, recommends them to join the Community;

Ensures the implementation of the goals and objectives of the Community;

Determines the priority direction of the Community’s activities, the principles of the formation and use of its property;

Considers issues of organizing and holding General Meetings, approves the agenda of the General Meeting;

Determines the number of workers hired by the Community under labor contracts and the procedure for remuneration for their labor in accordance with the labor legislation of the Russian Federation;

Develops and approves the financial plan of the Community with the right to make changes to it;

Reviews and approves annual reports on the financial and economic activities of the Community;

Approves the decisions of the Chairman of the Community Board;

Hears reports from the Chairman of the Board;

Reports on his work to the General Meeting of the Community;

Annually informs the registration authorities about the activities of the Community, indicating the actual location of the Community Board, and other information necessary for inclusion in the unified state register of legal entities;

And also exercises other powers in accordance with this Charter.

Decisions of the Management Board are signed by the Chairman of the Management Board.

8.8. The Chairman of the Board of the Community is elected by the General Meeting from among its members for a period of _________ (for example - 3 years) by a simple majority of votes.

8.9. Chairman of the Board:

Organizes the work of the Community Board;

During the period between meetings of the Community Board, resolves all organizational, production and other issues, with the exception of those issues that are within the jurisdiction of the General Meeting of Community Members or the Community Board;

Represents the Community in relations with organizations, government and administrative bodies, local government bodies, public organizations in Russia;

Manages the preparation, convenes and conducts meetings of the Community Board, the general meeting of Community members;

Monitors the implementation of the Community’s financial plan;

Appoints staff members of the Community apparatus to positions;

Manages the property and finances of the Community;

Signs banking and financial documents;

Responsible for the accuracy of reporting data financial activities Communities;

Without a power of attorney, he acts on behalf of the Community, carries out transactions provided for by the Law, opens bank accounts, issues powers of attorney, represents the Community in courts, issues orders within his competence, hires and dismisses employees.

If necessary, supplement the specified paragraph.

9. CONTROL AND AUDIT BODY

9.1. The Audit Commission is elected by the General Meeting of the Community for a period of ______________ (for example 3of the year) composed of ___________ (specify quantity) a person to check the financial activities of the Community and is accountable to him.

9.2. Members of the Audit Commission cannot be members of the Community Board or persons holding any positions in the Community apparatus.

9.3. The Audit Commission of the Community conducts annual audits of the financial and economic activities of the Community.

By decision of the General Meeting of the Community, audits of the financial and economic activities of the Community can be carried out on a contractual basis by independent audit organizations.

The results of the audit are presented once a year by the Audit Commission of the Community in the form of a report to the General Meeting of the Community. Fiscal year The community coincides with the calendar year.

10. PROPERTY AND SOURCES

FORMATION OF COMMUNITY PROPERTY

10.1. The Community may own land plots, buildings, structures, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares and others securities, other property necessary to materially support the activities of the Community in accordance with this Charter.

10.2. The property of the Community is formed from contributions (contributions) transferred by community members as a contribution upon joining the community, voluntary contributions and donations, income from entrepreneurial activity Communities, as well as from other revenues not prohibited by the legislation of the Russian Federation.

10.3. The community bears financial and other responsibility in accordance with the legislation of the Russian Federation;

10.4. The community independently owns, uses and disposes of its property;

10.5. The community, with the consent of its members, has the right to sell the products of labor produced by its members.

Income from the sale of surplus products of traditional farming and products of traditional crafts are distributed by the General Meeting of Community members for the purposes and in the manner established by this Charter.

10.6. The community is responsible for its obligations in accordance with current legislation.

11. ACCOUNTING AND REPORTING OF THE COMMUNITY

12.10. The property remaining after liquidation and settlement with creditors is subject to distribution among members of the Community in accordance with their share of the Community's property. The decision on the use of the Community's property remaining after satisfaction of the creditors' claims is published by the liquidation commission in the press.

12.11. After the liquidation of the Community, documents on personnel in accordance with current legislation are transferred to state storage.

12.12. The decision on liquidation is sent to the justice body that registered the Community to exclude it from state register legal entities.

12.13. Disputes regarding the liquidation of the Community are resolved in court.

DRAFT LETTER

to the body implementing

registration of legal entities

Please register a non-profit organization - _____________________ (indicate the form: family (tribal) or territorial-neighborhood, name of indigenous peoples and communities).

The legal basis for our appeal is the provisions of the current Russian legislation. In accordance with the Civil Code of the Russian Federation (Article 50, paragraph 3), the Federal Law “On Non-Profit Organizations” (Article 2, paragraph 3), legal entities that are non-profit organizations can be created in the form of consumer cooperatives, public or religious organizations (associations) ), owner-financed institutions, charities and other foundations , as well as in other forms, provided by law.

like this another form non-profit organization – "community", provides for the Federal Law of January 1, 2001 “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation,” Article 5 of which states that “the activities of communities are non-commercial in nature.”

Hence, communities indigenous peoples are special form non-profit organization provided for by federal law.

Sincerely,

_________________________________ (signature, transcript of signature, position of authorized person)