Constituent documents of communities of indigenous peoples. Community of indigenous peoples of the Russian Federation Tribal communities of indigenous peoples

The concept of an enterprise, its characteristics. Modern organizational forms of economic entities. Communities of indigenous peoples of Russia. The procedure for opening non-profit organizations. The procedure for terminating a community of indigenous peoples.

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Ministry of Education and Science of the Amur Region

State Public Educational Institution "Amur College of Construction and Housing and Communal Services"

Discipline: Organizational Economics

On the topic: “Organizationally - legal forms enterprises. Indigenous communities small peoples Russian Federation"

Completed by: Plugar S.S.

Student of group SE-31

Checked by: Mukhanova T.V.

Blagoveshchensk 2015

1. The concept of an enterprise, its characteristics

An enterprise is an independently operating entity created (established) in accordance with current legislation to produce products, perform work or provide services in order to meet public needs and make a profit.

After state registration, the enterprise is recognized as a legal entity and can participate in economic turnover. It has the following signs:

· the enterprise must have separate property in its ownership, economic management or operational management;

· the enterprise is liable with its property for the obligations that arise in its relations with creditors, including to the budget;

· the enterprise acts in economic transactions on its own behalf and has the right to enter into all types of civil contracts with legal entities and individuals;

· the enterprise has the right to be a plaintiff and defendant in court;

· the enterprise must have an independent balance sheet and promptly submit reports established by government agencies;

· the enterprise must have its own name containing an indication of its organizational and legal form. Enterprises can be classified according to many criteria:

· according to the purpose of the finished product, enterprises are divided into those producing means of production and those producing consumer goods;

· on the basis of technological commonality, an enterprise with continuous and discrete production processes is distinguished;

· Based on size, enterprises are divided into large, medium and small;

· according to specialization and scale of production of similar products, enterprises are divided into specialized, diversified and combined.

by type production process enterprises are divided into enterprises with a single type of production, serial, mass, experimental.

· Based on the characteristics of activity, industrial enterprises, trade enterprises, transport enterprises and others are distinguished.

· according to the form of ownership, private enterprises, collective, state, municipal and joint ventures (enterprises with foreign investment) are distinguished.

2. Organizational forms of enterprises

In accordance with the Civil Code of the Russian Federation, the following may be created in Russia: organizational forms commercial enterprises: business partnerships and societies (communities), production cooperatives, state and municipal unitary enterprises.

Business partnerships and societies (communities):

· general partnership;

· limited partnership (limited partnership);

· limited liability company,

· additional liability company;

· joint stock company (open and closed).

3. Communities of indigenous peoples of the Russian Federation

indigenous community russia non-profit

According to Art. 6.1 of the Law on Non-Profit Organizations, communities of indigenous small-numbered peoples of the Russian Federation recognize forms of self-organization of persons belonging to indigenous small-numbered peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborhood principles, in order to protect their original habitat, preserve and development of traditional ways of life, economics, crafts and culture.

In turn, the definition of indigenous peoples is given in Art. 1 of the 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 upon the proposal of the authorities state power subjects of the Russian Federation in whose territories these peoples live (Decree of the Government of the Russian Federation of March 24, 2000 N 255 established such a List).

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 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 may lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing for additional measures of their legal protection.

Such peoples are characterized by such concepts as a traditional way of life, that is, a historically established way of life support, based on the historical experience of their ancestors in the field of environmental management, original social organization residence, original culture, preservation of customs and beliefs, and the original habitat - a historically established area within which small peoples carry out cultural and everyday life activities and which influences their self-identification and way of life.

The creation of such an organizational and legal form of legal entities as a community of indigenous peoples is due to the need to represent their interests, as well as to act in civil circulation. Unofficially similar organizations existed before. However, they could not register as legal entities, since the bodies carrying out state registration refused to register communities of small peoples on the grounds that civil legislation does not provide for such organizational and legal forms of legal entities.

It should be noted that the right to create communities of indigenous peoples is also mentioned in the Law on Guarantees of the Rights of Indigenous Peoples of the Russian Federation and in other legal acts. So, in paragraph 1 of Art. 8 of the Federal Law of July 20, 2000 N 104-FZ “On general principles organizations of communities of indigenous peoples of the North, Siberia and Far East Russian Federation" states that 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. The will to join a 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) members of the community of small peoples (meetings 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.

The constituent documents of the 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 (clause 3 of article 8 of the Federal Law of July 20, 2000 N 104-FZ).

According to paragraph 1 of Art. 3 of the Law on Non-Profit Organizations, a non-profit organization is considered created as a legal entity from the moment of its state registration in the manner prescribed by law. However, in paragraph 3 of Art. 8 of Federal Law No. 104-FZ of July 20, 2000 states that from the moment a decision is made to organize a community of small peoples, it is considered created. At the same time, the created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires rights legal entity.

It seems that the wording of the Law on Non-Profit Organizations is more clear, since it directly links the moment of creation of a community with its state registration. The body carrying out state registration of communities of indigenous peoples is the Ministry of Justice of the Russian Federation.

As with other non-profit organizations, the main goal of the indigenous community is to achieve socially beneficial goals. In particular, such a socially useful goal, as noted in the above definition, is the protection of their original habitat, the preservation and development of traditional ways of life, economics, crafts and culture.

As with other non-profit organizations, in this case the rule applies according to which a community of small peoples has the right to carry out business activities that correspond to the goals for which it was created. Such entrepreneurial activities are mainly associated with their traditional occupations - hunting, reindeer herding, fishing, etc. In this regard, the need to give communities of indigenous peoples of the Russian Federation the status of a legal entity and consolidate the appropriate organizational and legal form is obvious.

4. The procedure for terminating a community of indigenous peoples

The procedure for terminating a community of indigenous peoples and the fate of its property after terminating has certain specifics. By general rule, established in paragraph 1 of Art. 20 of the Law on Non-Profit Organizations, upon liquidation it is not commercial organization the property remaining after satisfaction of the creditors' claims is directed in accordance with the constituent documents of the non-profit organization for the purposes for which it was created and (or) for charitable purposes. If it is not possible to use the property of a liquidated non-profit organization in accordance with its constituent documents, it turns into state income.

As for the community of small peoples, its 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 (clause 3 of article 22 of the Federal Law of July 20, 2000 N 104-FZ ). Thus, the procedure is similar to the procedure for terminating business companies and partnerships, when their participants have the right to receive part of the property. The existence of such a rule is obviously due to the fact that a community of small peoples may own property transferred by members of the community as a contribution (contribution) when organizing the community (Clause 1, Article 17 of the Federal Law of July 20, 2000 N 104-FZ ). In this case, the procedure for determining part of the property of a community of small-numbered peoples or compensation for the value of this part is established by the legislation of the Russian Federation on communities of small-numbered peoples.

List of used literature

1. Federal Law "On Non-Profit Organizations". Article 6.1. Communities of indigenous peoples of the Russian Federation dated December 1, 2007 N 300-FZ

2. Federal Law of July 20, 2000 N 104-FZ (as amended on February 2, 2006) “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”

3. Order of the Government of the Russian Federation dated April 17, 2006 N 536-r (as amended on May 18, 2010) “On approval of the list of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”

4. Order of the Government of the Russian Federation dated 05/08/2009 N 631-r “On approval of the list of places of traditional residence and traditional economic activity indigenous peoples of the Russian Federation and the list of types of traditional economic activities of indigenous peoples of the Russian Federation"

5. Kryazhkov V. Status autonomous okrugs: evolution and problems // Russian Federation. 2006. N 2. P. 49.

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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

on the creation of a 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)

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 governing 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 on issues internal organization Communities and 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 legislation of the constituent entities of the Russian Federation and not damaging 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, 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”, and others 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 of the governing body of the Community - the Board of the Community: _________________________________, documents of the Community are stored at the specified address.

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, and 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 management 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 publicly available items (animal bones, ornamental materials, dry wood, etc.);

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 observe the religious traditions and rituals of the people, if such traditions and rituals do not contradict the laws of the Russian Federation, can 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 workers 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 may 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 of votes 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 attracted by the Community according to employment 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, and 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;

Bears responsibility for the reliability of reporting data on the conduct of financial activities of the Community;

Without a power of attorney, he acts on behalf of the Community, makes transactions provided for by the Law, opens bank accounts, issues powers of attorney, represents the Community in the 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. The financial year of 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, 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 the business activities of the Community, as well as from other income 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 property remaining after satisfying the claims of creditors is published 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)

[NPO Law] [Chapter 2]

1. Communities of indigenous small-numbered peoples of the Russian Federation (hereinafter referred to as the community of small-numbered peoples) are recognized as forms of self-organization of persons belonging to the indigenous small-numbered peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborhood principles, in order to protect their ancestral habitat, preservation and development of traditional lifestyles, economics, crafts and culture.

2. A community of small peoples has the right to carry out entrepreneurial activities consistent with the goals for which it was created.

3. Members of a community of small peoples have the right to receive part of its property or compensation for the cost of such a 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 value of this part is established by the legislation of the Russian Federation on communities of small-numbered peoples.

4. Features 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.

Legal advice under Art. 6.1 of the Law on Non-Profit Organizations

Tamara Danilova

HELP how much percentage of the pension is taken for insurance and savings if the amount is over 600,000 rubles

Lawyer's response:
Tax Code of the Russian FederationArticle 241. Tax rates Federal Law of December 6, 2005 N 158-FZ, paragraph 1 of Article 241 of this Code is set out in a new edition, which comes into force on January 1, 2006, but not earlier than after one month from the date official publication of the said Federal Law, and extending to legal relations arising from January 1, 20061. For taxpayers specified in subparagraph 1 of paragraph 1 of Article 235 of this Code, with the exception of taxpayers acting as employers - organizations and individual entrepreneurs who have resident status of a technology-innovation special economic zone and making payments to individuals working in the territory of a technology-innovation special economic zone zones, agricultural producers, organizations of folk artistic crafts and tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, the following tax rates are applied: Tax base for each individual on an accrual basis from the beginning of the year Federal Budget Social Insurance Fund of the Russian Federation Compulsory Medical Insurance Funds Total Federal Compulsory Fund medical insuranceTerritorial compulsory medical insurance fundsUp to 280,000 rubles20.0 percent 2.9 percent 1.1 percent 2.0 percent 26.0 percentFrom 280,001 to 600,000 rubles56,000 rubles +7.9 percent from an amount exceeding 280,000 rubles8120 +1%3080+0.6%5600+0.5%72800+10%Over 600,000 rubles81280+2% from an amount exceeding 600,000 rubles.1132050007200104800+2% from an amount exceeding 600,000 rubles.

- Lawyer's response:
  Firstly, depending on the purposes of creation and activity, commercial and non-profit organizations differ. Commercial are those legal entities whose purpose is to make a profit by carrying out any activity not prohibited by law. Non-profit organizations are those that do not pursue profit as their main goal and do not distribute the profits received among participants (Article 50 of the Civil Code). It should be noted that this division is very arbitrary, since all non-profit organizations are allowed to engage in entrepreneurial activities. The legislator's requirement that this activity must serve the achievement of the goals for which the organization was created and correspond to these goals (clause 3 of Article 50 of the Civil Code) is also formulated rather vaguely. Moreover, the code directly states that income received by a consumer (non-profit) cooperative from business activities is distributed among its members (clause 5 of article 116). The purpose of this division of legal entities into commercial and non-commercial is that commercial organizations can be created only in the forms expressly provided for by the Civil Code, namely: full partnership, limited partnership, limited or additional liability company, open or closed joint-stock company, production cooperative, state (including federal government) or municipal unitary enterprise. In addition, a unitary enterprise based on the right of economic management can create another unitary (subsidiary) enterprise by transferring to it, in the prescribed manner, part of its property for economic management. This list is exhaustive (Article 50, 114 of the Civil Code, paragraph 1 of Article 6 of the Law on the entry into force of Part One of the Civil Code of the Russian Federation). Non-profit organizations can be created in any forms provided by law. Current legislation provides for the creation of the following types of non-profit organizations: 1) consumer cooperative (Article 50, 116 of the Civil Code, Law of the Russian Federation of June 19, 1992 “On consumer cooperation in the Russian Federation"*1. It should be taken into account that the activities of all types of agricultural cooperatives, both consumer and production, as well as their unions are regulated by a special Law of December 8, 1995 "On Agricultural Cooperation"*2. 2) public organization (association), whose activities are regulated by Article 117 of the Civil Code, the Law of January 12, 1996 “On Non-Profit Organizations” *3, as well as the Law of May 19, 1995 “On Public Associations” *4, which lists five types of public associations: public organization (Article 8), social movement (Article 9), public foundation (Article 10), public institution (Article 11) and public initiative body (Article 3) religious organization (Article 12); 117 Civil Code, Article 6 of the Law on Non-Profit Organizations, Law of the RSFSR “On Freedom of Religion”); 4) foundation (Article 118, 119 of the Civil Code, Article 7 of the Law on Non-Profit Organizations); 9 of the Law on Non-Profit Organizations); 6) association of legal entities - association or union (Art. 121 Civil Code, Art. 11, 12 of the Law on Non-Profit Organizations); 7) non-profit partnership (Article 8 of the Law on Non-Profit Organizations); 8) an autonomous non-profit organization (Article 10 of the Law on Non-Profit Organizations). Activity charitable organizations, which are most often created in the form of public organizations or foundations, are also regulated by the Law of August 11, 1995 “On charitable activities and charitable organizations"*5. Secondly, the Civil Code divides legal entities depending on legal regime their property into three categories: subjects of property rights (partnerships and societies, cooperatives and all non-profit organizations, except institutions); subjects of economic law (state and

Kristina Krylova

Payments to the pension fund. Please tell me if my data on contributions to the pension fund for an employee born in 1987 is correct. who works for an individual entrepreneur financing the insurance part of the labor pension 8% of the payroll financing of the funded part of the labor pension 6% of the payroll

Lawyer's response:
FEDERAL LAW "ON COMPULSORY PENSION INSURANCE IN THE RUSSIAN FEDERATION" Article 33. Transitional provisions During 2005 - 2007, for insurers who are specified in subparagraph 1 of paragraph 1 of Article 6 of this Federal Law and act as employers for persons born in 1967 and younger, The following rates of insurance premiums apply: 1) for insurers acting as employers, with the exception of organizations acting as employers engaged in the production of agricultural products, tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, and peasant (farm) farms: Up to 280,000 rubles 10.0 percent 4.0 percent From 280,001 rubles 28,000 rubles + 3.9 11,200 rubles + 1.6 up to 600,000 percent of the amount, percent of the amount of rubles exceeding 280,000 exceeding 280,000 rubles rubles Over 600,000 40,480 rubles 163 20 rubles; rubles2) for organizations acting as employers engaged in the production of agricultural products, tribal, family communities of indigenous peoples of the North engaged in traditional economic sectors, and peasant (farm) farms: Up to 280,000 rubles 6.3 percent 4.0 percent From 280,001 rubles 17,640 rubles + 3.9 11,200 rubles + 1.6 to 600,000 percent of the amount, percent of the amount of rubles exceeding 280,000 exceeding 280,000 rubles rubles Over 600,000 30,120 rubles 16,320 rubles rubles

Boris Osovetsky

Tell me, can I register a house on a plot of land: category of agricultural land? category of land: agricultural land, permitted use: for dacha farming.

Lawyer's response:

Maxim Povodyrev

Land tax, reasons for exemption from payment of this tax for individuals. and legal persons
- Lawyer's response:
  Article 395. Tax benefits The following are exempt from taxation: 1) organizations and institutions of the penal system of the Ministry of Justice of the Russian Federation - in relation to land plots provided for the direct performance of the functions assigned to these organizations and institutions; 2) organizations - in relation to land plots occupied by state highways common use; 3) has become invalid. - Federal Law of November 29, 2004 N 141-FZ; (see text in the previous edition) 4) religious organizations - in relation to the land plots owned by them on which buildings, structures and structures for religious and charitable purposes are located; 5) all-Russian public organizations of disabled people (including those created as unions of public organizations of disabled people), among whose members disabled people and their legal representatives make up at least 80 percent - in relation to land plots used by them to carry out their statutory activities; organizations whose authorized capital consists entirely of contributions from the specified all-Russian public organizations of disabled people, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to land plots used by them for production and (or) sale of goods (except for excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of disabled people), works and services (except for brokerage and other intermediary services); institutions, the only owners of whose property are the specified all-Russian public organizations of disabled people - in relation to land plots used by them to achieve educational, cultural, medical and recreational, physical education, sports, scientific, information and other purposes social protection and rehabilitation of disabled people, as well as to provide legal and other assistance to disabled people, disabled children and their parents; 6) organization of folk artistic crafts - in relation to land plots located in places of traditional existence of folk artistic crafts and used for the production and sale of folk artistic crafts; 7) individuals belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, farming and crafts; 8) has become invalid. - Federal Law of November 29, 2004 N 141-FZ; (see text in the previous edition) 9) organizations - residents of the special economic zone - in relation to land plots located on the territory of the special economic zone, for a period of five years from the moment of ownership of each land plot. (Clause 9 as amended by Federal Law dated 03.06.2006 N 75-FZ)

Olga Zaitseva

Tell me if the Foundation has the right to speak sole founder public organization? The task was set to prepare documents for the establishment of the Literary Association. But I found myself in a dead end: in accordance with Article 6 of the Law “On Public Organizations”, the Foundation of Russian Literature and Culture, as a legal entity, in relation to which the founder has no property rights, can act as the sole founder of a public organization - a Literary Association?

Lawyer's response:
It must be borne in mind that the concept of “fund” has many meanings in legislation and is used to refer to both commercial and non-profit organizations, as well as bodies government controlled. For example, a mutual property fund, an investment fund, the Russian Children's Fund, the Pension Fund of the Russian Federation, the Russian Federal Property Fund, etc. The Civil Code of the Russian Federation uses the term “fund” in relation to non-profit organizations that, as a rule, pursue charitable goals. Like other non-profit organizations, foundations have the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the foundation was created and consistent with these goals. To carry out entrepreneurial activities, foundations have the right to create business companies or participate in them. The fund, being a non-profit organization, can establish a joint-stock company or a limited liability company (but not a business partnership) and receive profit from their activities, which cannot be distributed among the founders of the fund, but must be directed to its statutory purposes. The foundation may be the sole founder of a commercial organization. “I think so” (Factory Factory “Mimino”).

Valery Dolgozhilov

please tell me the classification of enterprises by organizational and legal form, thank you

Article 395. Tax benefits The following are exempt from taxation: 1) organizations and institutions of the penal system of the Ministry of Justice of the Russian Federation - in relation to land plots provided for direct...

Lyubov Sukhanova

how maternity pay is paid to individual entrepreneurs

Lawyer's response:
Individual entrepreneurs are self-employed citizens, check with the Social Insurance Fund at your place of residence and look at Law No. 255 “ON COMPULSORY SOCIAL INSURANCE IN CASE OF TEMPORARY DISABILITY AND IN CONNECTION WITH MATERNITY.” Article 2. 3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals not recognized individual entrepreneurs(notaries dealing private practice, other persons engaged in private practice in accordance with the legislation of the Russian Federation), members of family (tribal) communities of indigenous peoples of the North are subject to mandatory social insurance in case of temporary disability and in connection with maternity, if they voluntarily entered into a relationship under compulsory social insurance in case of temporary disability and in connection with maternity and pay for themselves insurance premiums in accordance with Article 4.5 of this Federal Law. " Article 4.5. Procedure for voluntary entry into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity 1. Persons specified in Part 3 of Article 2 of this Federal Law enter into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity by submitting an application to the territorial body of the insurer at the place of residence 2. Persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity pay insurance contributions to the Social Insurance Fund of the Russian Federation, based on the cost of the insurance year. determined in accordance with Part 3 of this Article 3. The cost of the insurance year is determined as the product of the minimum wage established by federal law at the beginning. financial year, for which insurance premiums are paid, and the tariff of insurance premiums established by the Federal Law "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the Territorial Compulsory Medical Insurance Funds" regarding insurance contributions to the Social Fund insurance of the Russian Federation, increased by 12 times. 4. Payment of insurance premiums by persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity is made no later than December 31 of the current year, starting from the year of filing the application for voluntary entry into legal relations under compulsory social insurance in case of temporary disability and in connection with motherhood. 5. Persons who have voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity, transfer insurance premiums to the accounts of the territorial bodies of the insurer by non-cash payments, or by depositing cash in a credit institution, or by postal transfer. 6. Persons who voluntarily entered into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity acquire the right to receive insurance coverage, subject to their payment of insurance contributions in accordance with Part 4 of this article in the amount determined in accordance with Part 3 of this article, for the calendar year preceding calendar year in which the insured event occurred. and see also paragraphs 7-8 of Art. of this Law.

Marina Alexandrova

how much does an individual entrepreneur pay in taxes for an employee?

From the salary of an employee, Since 2011, the rate of insurance contributions has increased to 34% - 26% goes to the Pension Fund, 2.9% to the Social Insurance Fund, 5.1% to the federal and territorial compulsory medical funds...

Alena Davydova

Regarding taxation (see inside). My mother is a pensioner; a plot of land is registered in her name. She needs to pay land tax for the year. What benefits does she have as a pensioner to pay less tax? And what documents do I need to provide to the tax office for this?

Lawyer's response:
Article 395. Tax benefits [Tax Code of the Russian Federation] [Chapter 31] [Article 395] The following are exempt from taxation: 1) organizations and institutions of the penal system of the Ministry of Justice of the Russian Federation - in relation to land plots provided for the direct implementation of the duties assigned to these organizations and establishment of functions; 2) organizations - in relation to land plots occupied by public state highways; 3) has become invalid. 4) religious organizations - in relation to land plots owned by them on which buildings, structures and structures for religious and charitable purposes are located; 5) all-Russian public organizations of disabled people (including those created as unions of public organizations of disabled people), among whose members disabled people and their legal representatives make up at least 80 percent - in relation to land plots used by them to carry out their statutory activities; organizations whose authorized capital consists entirely of contributions from the specified all-Russian public organizations of disabled people, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent, in relation to land plots used by them for production and (or) sale of goods (except for excisable goods, mineral raw materials and other minerals, as well as other goods according to the list approved by the Government of the Russian Federation in agreement with all-Russian public organizations of disabled people), works and services (except for brokerage and other intermediary services); institutions, the only owners of whose property are the specified all-Russian public organizations of disabled people - in relation to land plots used by them to achieve educational, cultural, medical and recreational, physical education and sports, scientific, information and other purposes of social protection and rehabilitation of disabled people, as well as for providing legal and other assistance to people with disabilities, disabled children and their parents; 6) organization of folk artistic crafts - in relation to land plots located in places of traditional existence of folk artistic crafts and used for the production and sale of folk artistic crafts; 7) individuals belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, as well as communities of such peoples - in relation to land plots used for the preservation and development of their traditional way of life, farming and crafts; 8) has become invalid. 9) organizations - residents of a special economic zone - in relation to land plots located on the territory of the special economic zone, for a period of five years from the moment the ownership of each land plot arises; 10) organizations recognized as management companies in accordance with the Federal Law "On the Skolkovo Innovation Center" - in relation to land plots provided for the direct performance of the functions assigned to these organizations in accordance with the specified Federal Law. As we see, land tax pensioners are not released

Antonina Fedotova

Social science. C8. Plan of organizational and legal forms of entrepreneurial activity

Classification organizationally-legal forms in Russian Federation Distinguish the following types organizationally

Maria Petrova

organizational and legal forms of entrepreneurial activity

Classification organizationally-legal forms in Russian Federation The following types are distinguished: organizationally-legal forms of business entities (hereinafter also referred to as LPF): LPF of business entities that are legal entities-commercial...

Alexandra Tarasova

Is it possible to order an extract from the Unified State Register of Legal Entities for a non-profit organization in MI Federal Tax Service 46!?

Lawyer's response:
Information from the Unified State Register of Legal Entities is open and publicly available, with some exceptions (passport data, for example) - clause 1 of Art. 6 of the Federal Law “On state registration of legal entities and individual entrepreneurs...” (129-FZ dated 08.08.2001.) A non-profit organization is a legal entity in accordance with Chapter. 4 Civil Code of the Russian Federation. Apparently registered in Moscow. You can “order” an extract from MIFTS No. 46, or you can also do this at the territorial tax office in which the NPO is registered. The 46th provides information only for Moscow. You can write a request for an extract on your own behalf. The seal of an NGO or any other organization is not needed))))) Good luck!

Yakov Korovenko

Lawyer's request. Can all paid legal consultations issue solicitor requests? And in general, what should a lawyer’s request contain, should there be attachments to it and what kind?

Lawyer's response:
Did you even understand why you asked? Subclause 1, clause 3, art. 6 Federal Law of the Russian Federation “On advocacy and advocacy in the Russian Federation” (hereinafter referred to as the Law on Advocacy) dated May 31, 2002. No. 63-FZ establishes the right of a lawyer to collect information necessary to provide legal assistance, including requesting certificates, references and other documents from state authorities, local governments, as well as public associations and other organizations. The specified bodies and organizations, in the manner established by law, are obliged to provide the lawyer with the documents requested by him or their certified copies no later than one month from the date of receipt of the lawyer’s request. How the hell do BE and the free ones owe it to you, because a request is issued to a lawyer

Anatoly Senchishchev

An apartment building in which the owners and tenants of residential premises live under a social contract. rental .. The HOA entered into an agreement with the owners to manage shares in the common property in an apartment building and provide utilities. But there are no such agreements with employers. There are only social tenancy agreements provided by them, which stipulate that they must pay rent for the living space to the LESSOR and others. services. At the same time, in Art. 155 of the Housing Code of the Russian Federation, clause 4, states that tenants must pay a fee for the above services of the HOA. But employers only pay for rent. services (water, heat, electricity), they refuse to pay for all other services, citing the contract. Although in the social contract The lease does not even specify the amount of payment to the Landlord for the residential premises. Should the HOA enter into any agreements with tenants for the provision of com. services and services for maintaining the house (the owners are not actually them, but the Russian Federation represented by the relevant authorities)? What is the mechanism HOA interactions- Landlord - Tenant?

Lawyer's response:
cContract Article 155. Payment for residential premises and utilities 1. Payment for residential premises and utilities is paid monthly before the tenth day of the month following the end of the month, unless a different period is established by the management agreement apartment building or by a decision of the general meeting of members of a homeowners' association, housing cooperative or other specialized consumer cooperative created to meet the housing needs of citizens in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative). 2. Payment for residential premises and utilities is made on the basis of payment documents submitted no later than the first day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative. 3. Tenants of residential premises under a social tenancy agreement and a lease agreement for state or municipal residential premises housing stock pay a fee for the use of residential premises (rental fee) to the landlord of this residential premises. 4. Tenants of residential premises under a social tenancy agreement and an agreement for the rental of residential premises of a state or municipal housing stock in an apartment building, which is managed by a management organization, pay fees for the maintenance and repair of residential premises, as well as fees for utilities to this management organization, with the exception of the case provided for in part 7.1 of this article. If the amount of the fee paid by the tenant of the residential premises is less than the amount of the fee established by the management agreement, the remaining part of the fee is paid by the landlord of this residential premises in the manner agreed with the management organization. 5. Members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative make mandatory payments and (or) contributions related to the payment of expenses for the maintenance, current and major repairs of common property in an apartment building, as well as payment utilities, in the manner established by the governing bodies of a homeowners’ association or the governing bodies of a housing cooperative or the governing bodies of another specialized consumer cooperative. 6. Owners of premises in an apartment building who are not members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative, in which a homeowners’ association or a housing cooperative or other specialized consumer cooperative is created, pay a fee for the maintenance and repair of common property in an apartment building and a fee for utilities in accordance with agreements concluded with a homeowners association or a housing cooperative or other specialized consumer cooperative. 6.1. If a homeowners' association or a housing cooperative or other specialized consumer cooperative or in the case provided for in Part 14 of Article 161 of this Code, the developer concludes an agreement for the management of an apartment building, fees for utilities are paid to the management organization, with the exception of the case provided for in Part 7.1 of this Article, by persons specified in Part 2 of Article 153 of this Code. 6.2. A management organization, homeowners' association or housing cooperative or other specialized consumer cooperative that receives payment for utility services makes payments for the resources necessary to provide utility services with persons with whom such management organization, homeowners' association or housing cooperative or other specialized consumer

Arthur Lentulov

Will individual entrepreneurs (individual entrepreneurs) be required to keep accounting records from 2013?

Lawyer's response:
On January 1, 2013, the Federal Law of December 6, 2011 N 402-FZ “On Accounting” will come into force, according to which both organizations and individual entrepreneurs are required to maintain accounting records (clauses 1 and 4, part 1, article 2, Art. 32 of this Law). An exception to this rule is made for individual entrepreneurs who keep records of income, expenses and (or) other taxable items in the manner established by the tax legislation of the Russian Federation (clause 1, part 2, article 6 of Law No. 402-FZ). Thus, entrepreneurs using the simplified tax system may not keep accounting records. But they are obliged to keep tax records in the manner established by Art. 346.24 of the Tax Code of the Russian Federation. Namely, in the book of accounting for income and expenses of organizations and individual entrepreneurs. The law provides for the possibility of developing a simplified procedure for conducting accounting for small businesses and certain categories of non-profit organizations (clause 3 of article 20, clause 10 of part 3 of article 21 of Law N 402-FZ). Currently, the question of the need for accounting under the simplified tax system concerns only organizations. Individual entrepreneurs, regardless of the tax regime, are not required to keep accounting records. This follows from paragraphs 1, 2 of Art. 4 of Law 129-FZ. According to paragraph 3 of this article, organizations when working on the simplified tax system are exempt from accounting, with the exception of accounting for fixed assets and intangible assets.
- Lawyer's response:
  Federal Law "On mandatory health insurance In Russian federation
  Insured persons are citizens of the Russian Federation, foreign citizens permanently or temporarily residing in the Russian Federation, stateless persons (with the exception of highly qualified specialists and members of their families in accordance with Federal Law of July 25, 2002 N 115-FZ "On the legal status of foreign citizens in Russian Federation"), as well as persons entitled to medical care in accordance with the Federal Law "On Refugees":
  1) those working under an employment contract, including heads of organizations who are the only participants (founders), members of organizations, owners of their property, or a civil law contract, the subject of which is the performance of work, the provision of services, under an author’s order agreement, as well as authors works receiving payments and other remuneration under agreements on the alienation of the exclusive right to works of science, literature, art, publishing license agreements, license agreements on granting the right to use works of science, literature, art;
  2) those who independently provide themselves with work (individual entrepreneurs, notaries engaged in private practice, lawyers, arbitration managers);
  3) who are members of peasant (farm) enterprises;
  4) who are members of family (tribal) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, living in the regions of the North, Siberia and the Far East of the Russian Federation, engaged in traditional economic sectors;
  5) unemployed citizens:
  a) children from the day of birth until they reach the age of 18;
  b) non-working pensioners regardless of the basis for granting a pension;
  c) citizens studying full-time V educational institutions primary vocational, secondary vocational and higher vocational education;
  d) unemployed citizens registered in accordance with employment legislation;
  e) one of the parents or guardian caring for the child until he reaches the age of three;
  f) able-bodied citizens caring for disabled children, group I disabled people, and persons over 80 years of age;
  g) other citizens not working under an employment contract and not specified in subparagraphs “a” - “e” of this paragraph, with the exception of military personnel and those equivalent to them in the organization of provision of medical care persons

Olesya Morozova

Question for FINANCIALISTS and LAWYERS. WHAT IS the functional solution of an enterprise and its organizational and legal form Thank you for your answer

Lawyer's response:
OPF of business entities that are legal entities-commercial organizations Partnerships Full partnerships Limited partnerships Limited liability companies Additional liability companies Joint stock companies Open joint stock companies Closed joint-stock companies Unitary enterprises Unitary enterprises based on the right of economic management Unitary enterprises based on the right of operational management Other Production cooperatives General public fund of economic entities that are legal entities-non-profit organizations Consumer cooperatives Public associations(including religious associations) Public organizations Social movements Organs of public initiative Political parties Foundations (including public funds) Institutions (including public institutions) State corporations Non-profit partnerships Autonomous non-profit organizations Communities of indigenous peoples Cossack societies Associations of legal entities (associations and unions) Associations of peasant (farm) farms Territorial public self-government Partnerships of homeowners Gardening, gardening or dacha non-profit partnerships General public pension funds of business entities without the rights of a legal entity Mutual investment funds Simple partnerships Representative offices and branches Individual entrepreneurs Peasant (farm) enterprises (from January 1, 2010) Examples of general public pension funds of state and municipal institutions

Vadim Firsanov

Question about benefits up to 1.5 years for individual entrepreneurs. Hello! I am an individual entrepreneur, I have not paid contributions to the Social Insurance Fund, and the rest of my taxes are regular. Now I gave birth to my second child, I turned to social services. protection for benefit accrual for up to 1.5 years. They told me - if you close the individual entrepreneur, then you will come for benefits. I read earlier that I am entitled to this benefit, like everyone else who is not a person subject to compulsory social insurance. , and that I should receive it on social media. protection. But I couldn't find it anywhere official document(law, order) this confirms my right. So that it is spelled out precisely that an individual entrepreneur is a person not subject to social protection. insurance, and is entitled to benefits for up to 1.5 years. Tell me, post a link to the law, if one exists. Thank you.

Lawyer's response:
Everyone should be paid the minimum wage in any case. They can only demand documents confirming that you are an individual entrepreneur, but they have no right to demand closure. Federal Law No. 81-FZ Article 13. The right to a monthly child care allowance has: mothers or fathers, guardians who actually care for the child and are not subject to compulsory social insurance in case of temporary disability and in connection with maternity Order of the Ministry of Health and Social Development No. 1012n k) copies of documents confirming the status, as well as a certificate from the territorial body of the Social Insurance Fund of the Russian Federation about the lack of registration with the territorial bodies of the Social Insurance Fund of the Russian Federation as an insurer and about non-receipt monthly allowance for child care at the expense of compulsory social insurance - for individuals operating as individual entrepreneurs, lawyers, notaries, individuals, professional activity who, in accordance with federal laws, are subject to state registration and (or) licensing - if the assignment and payment of monthly child care benefits to them are carried out by social protection authorities; And here is another Federal Law No. 255-FZ Article 2. Persons subject to compulsory social insurance in case of temporary disability and in connection with maternity 1. Citizens of the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with maternity, as well as permanently or temporarily foreign citizens and stateless persons living on the territory of the Russian Federation: 1) persons working under employment contracts, including heads of organizations who are the only participants (founders), members of organizations, owners of their property; 2) state civil servants, municipal employees; 3) persons holding government positions in the Russian Federation, government positions in a constituent entity of the Russian Federation, as well as municipal positions, replaced on a permanent basis; 4) members of a production cooperative who take personal labor participation in its activities; 5) clergy; 6) persons sentenced to imprisonment and involved in paid work. 3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the legislation of the Russian Federation), members of family (tribal) communities of indigenous minorities peoples of the North are subject to compulsory social insurance in case of temporary disability and in connection with maternity if they voluntarily entered into a relationship under compulsory social insurance in case of temporary disability and in connection with maternity and pay insurance premiums for themselves in accordance with Article 4.5 of this Federal law.
Most often, hatred is inspired from above. And since from time immemorial the people believed in the “good king”, in the “wise leader”, in the “fiery fighter for the people’s cause”, they picked up the waves of hatred emanating from the “kind”, “wise” and “fiery”...