Non-commercial unitary. Non-profit unitary organizations. Funds. Foreign NPOs, NPOs with foreign agent status

According to Article 123.1 "Basic Provisions on Non-Commercial Corporate Organizations" Civil Code of the Russian Federation, non-profit corporate organizations are legal entities that do not pursue profit making as the main goal of their activities and do not distribute the profits received among the participants (paragraph 1 of Article 50 and Article 65.1), the founders (participants) of which acquire the right to participate (membership) in them and form their supreme body in accordance with paragraph 1 of Article 65.3 of the Civil Code of the Russian Federation. Non-profit corporate organizations are created in the organizational and legal forms of consumer cooperatives, public organizations, associations (unions), partnerships of property owners, Cossack societies included in State Register Cossack societies in Russian Federation, as well as communities of indigenous peoples of the Russian Federation (paragraph 3 of Article 50). Non-profit corporate organizations are created by the decision of the founders, adopted at their general (constituent) meeting, conference, congress, etc. These bodies approve the charter of the relevant non-profit corporate organization and form its bodies. A non-profit corporate organization is the owner of its property. The charter of a non-commercial corporate organization may provide that decisions on the creation by the corporation of other legal entities, as well as decisions on the participation of the corporation in other legal entities, on the creation of branches and on the opening of representative offices of the corporation, are taken by the collegial body of the corporation.

The organizational and legal forms of non-profit unitary organizations are the Funds (Article 123.17 of the Civil Code of the Russian Federation); Institutions (Article 123.21 of the Civil Code of the Russian Federation); Autonomous non-profit organizations(Article 123.24 of the Civil Code of the Russian Federation); Religious organizations (Article 123.26 of the Civil Code of the Russian Federation).

14. Economic partnership - a legal characteristic.

In accordance with the Federal Law of December 3, 2011 No. 380-FZ "On economic partnership", an economic partnership is recognized as established by two or more persons commercial organization, in the management of the activities of which, in accordance with this Federal Law, the participants of the partnership, as well as other persons, participate in the limits and to the extent that are provided for by the agreement on the management of the partnership.

Partnership participants are not liable for the obligations of the partnership and bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of their contributions.

A partnership may have civil rights and incur civil obligations necessary to carry out any type of activity not prohibited by federal laws, if this does not contradict the subject and goals of the activity, specifically limited by the partnership charter and partnership management agreement.

The partnership is liable for its obligations with all its property. The Partnership is not liable for the obligations of its members. Partnership participants can be citizens and (or) legal entities. Federal law may prohibit or restrict participation certain categories citizens or legal entities in partnerships.

Establishment of a partnership is carried out by decision of its founders. Creating a partnership by reorganizing an existing legal entity is not allowed. The decision to establish a partnership is made by the meeting of the founders of the partnership.

The partnership charter is the founding document of the partnership. The charter of the partnership is signed by all founders of the partnership. Each partner of the partnership is obliged to contribute to the share capital of the partnership. It is not allowed to release a partnership participant from the obligation to contribute to the partnership's share capital.

The system, structure and powers of the governing bodies of the partnership, the procedure for their implementation of activities and termination of activities are determined by the partnership management agreement.

The partnership may be liquidated voluntarily in the manner prescribed by the Civil Code of the Russian Federation.

Organizational and legal forms of non-profit unitary organizations:

2. Institutions

3. Autonomous non-profit organizations

4. Religious organizations

Fund is a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational or other socially useful goals. The Foundation uses the property for the purposes specified in its charter. He has the right to engage in entrepreneurial activities necessary to achieve the socially useful goals for which the foundation was created, and corresponding to these goals. In order to carry out entrepreneurial activities, foundations may create business companies or participate in them.

The property transferred to the foundation by its founders is the property of the foundation. The Foundation is required to publish annual reports on the use of its assets. The founders are not liable for the obligations of the fund they have created, and the fund is not liable for the obligations of its founders.

The foundation's charter may be amended by its supreme collegiate body, and in the cases provided for by the charter, by the founder. If keeping the charter of the foundation unchanged entails consequences that could not be foreseen when the foundation was established, and the supreme collegiate body of the foundation or the founder of the foundation does not change its charter, the decision to change the charter is taken by the court. The charter, in particular, contains information about the board of trustees, which oversees the activities of the foundation, the adoption of decisions by other bodies of the foundation and ensuring their implementation, the use of the foundation's resources, and the foundation's compliance with the law. Board of Trustees carries out its activities on a public basis.

Fund reorganization is not allowed (with the exception of non-state pension funds in cases established by law). The fund may be liquidated in cases where the property of the fund is insufficient to achieve its goals and the probability of obtaining the necessary property is unrealistic; if the goals of the fund cannot be achieved and the necessary changes to the goals of the fund cannot be made; in case of deviation of the fund in its activities from the goals provided for by the charter; in other cases provided by law. The decision on liquidation is made only by the court. In this case, the property remaining after the satisfaction of creditors' claims is directed to the purposes specified in the charter of the fund.

institution is considered a unitary non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature.

An institution may be created by a citizen or legal entity (private institution) or, respectively, by the Russian Federation, a constituent entity of the Russian Federation, a municipal entity (state or municipal institution). The latter can be autonomous, budgetary or state-owned. A private institution is fully or partially financed by the owner of its property. The procedure for financial support of the activities of state and municipal institutions determined by law. Peculiarities legal status certain types state and other institutions are determined by law and other legal acts.

A private or public institution shall be liable for its obligations with the funds at its disposal. In case of insufficiency of the indicated Money subsidiary liability for the obligations of such an institution shall be borne by the owner of its property. An autonomous institution is liable for its obligations with all the property it has on the POU, with the exception of real estate and especially valuable movable property assigned to it by the owner of this property or acquired by him at the expense of funds allocated by such owner. The owner is not responsible for the obligations autonomous institution. A budgetary institution is liable for its obligations with all the property on its POU, as assigned to budget institution the owner of property, and acquired at the expense of income received from income-generating activities, with the exception of especially valuable movable property assigned to him by the owner or acquired at the expense of funds allocated by the owner, as well as real estate. The owner is not responsible for the obligations of the budgetary institution.

In order to provide services in the field of education, healthcare, culture, science and other areas of non-commercial activity, the Civil Code of the Russian Federation allows the formation autonomous non-profit organization, which does not have membership and was created on the basis of property contributions from citizens and (or) legal entities. Such an organization has the right to engage in entrepreneurial activities necessary to achieve the goals for which it was created, and corresponding to these goals, creating business companies for the implementation of entrepreneurial activities or participating in them.

Property transferred to an autonomous non-profit organization by its founders shall be its property. The founders do not retain the rights to the property transferred by them to the ownership of the organization. They are not liable for the obligations of the established organization, and the latter is not liable for the obligations of the founders. Founders can use the services of the organization only on equal terms with other persons.

An autonomous non-profit organization can be created by one person (may have one founder). Its founding document is the charter. A person may, at his own discretion, withdraw from the founders. By unanimous decision of the founders, new persons may be admitted to their composition.

The activities of an autonomous non-profit organization are managed by its founders, by whose decision a permanent collegial body (bodies) can be created and a sole executive body (chairman, CEO etc.), including from among the founders-citizens. An autonomous non-profit organization can be transformed into a foundation.

religious organization voluntary association is recognized permanently and on legal grounds citizens of the Russian Federation living on the territory of the Russian Federation or other persons formed by them for the purpose of joint confession and dissemination of faith (local religious organization), an association of these organizations (centralized religious organization), as well as an association created by this association in accordance with the law on freedom of conscience and religious associations for the purpose of joint confession and dissemination of faith, an organization and (or) a governing or coordinating body created by the indicated association. A local religious organization must be registered in the manner prescribed by law as a legal entity.

The civil law status of religious organizations, the procedure for the formation and competence of their bodies, as well as the relationship between the organization and the persons who are part of its bodies, are determined by the norms of the Civil Code of the Russian Federation, as well as Federal Law No. 125-FZ of September 26, 1997 "On Freedom conscience and religious associations. Religious organizations act in accordance with their charters and internal regulations that do not contradict the law. A religious organization cannot be converted into entity other organizational and legal form.

A local religious organization is created by at least ten founding citizens, a centralized religious organization - by at least three local religious organizations or another centralized religious organization. founding document is a charter approved by the founders or a centralized religious organization. The founders may perform the functions of a governing body or members of a collegial governing body.

Religious organizations are the owners of their property, including property acquired or created at the expense of own funds, as well as donated by him. Liturgical property may not be levied on the claims of their creditors. The founders do not retain property rights to the property transferred by them to this organization in ownership. They are not liable for the obligations of these organizations, and organizations are not liable for the obligations of their founders.

21. Public law entities as subjects of civil law.

The Russian Federation, the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts, as well as urban, rural settlements and other municipalities, act in relations regulated by civil law on an equal footing with other participants in these relations - citizens and legal entities.

To the subjects of civil law referred to in paragraph 1 of this article, the rules governing the participation of legal entities in relations regulated by civil law are applied, unless otherwise follows from the law or the characteristics of these subjects.

On behalf of the Russian Federation and the constituent entities of the Russian Federation, by their actions, they can acquire and exercise property and personal non-property rights and obligations, act in court state power within the limits of their competence established by the acts defining the status of these bodies.

On behalf of municipalities by their actions, local self-government bodies can acquire and exercise the rights and obligations specified in paragraph 1 of this article within the framework of their competence established by acts defining the status of these bodies.

In cases and in the manner provided for by federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, regulations constituent entities of the Russian Federation and municipalities, on their special instructions, may act on their behalf government bodies, local governments, as well as legal entities and citizens.

The Russian Federation, a constituent entity of the Russian Federation, a municipal entity are liable for their obligations with property belonging to them on the basis of ownership, except for property that is assigned to legal entities created by them on the basis of the right of economic management or operational management, as well as property that can only be located in state or municipal property.

Foreclosure on land and other natural resources that are in state or municipal ownership is allowed in cases provided for by law.

Legal entities established by the Russian Federation, subjects of the Russian Federation, municipalities are not liable for their obligations.

The Russian Federation, subjects of the Russian Federation, municipalities are not liable for the obligations of legal entities created by them, except in cases provided for by law.

The Russian Federation is not liable for the obligations of the subjects of the Russian Federation and municipalities.

Subjects of the Russian Federation, municipalities are not liable for each other's obligations, as well as for the obligations of the Russian Federation.

The rules of paragraphs 2-5 of this Article shall not apply to cases where the Russian Federation has assumed a guarantee (guarantee) for the obligations of a subject of the Russian Federation, a municipal formation or a legal entity, or the said subjects have assumed a guarantee (guarantee) for the obligations of the Russian Federation.

Features of the responsibility of the Russian Federation and the subjects of the Russian Federation in relations regulated by civil law, with the participation of foreign legal entities, citizens and states are determined by the law on the immunity of the state and its property.

21. Public law entities as subjects of civil law

The subjects of civil law, in addition to citizens, legal entities, include municipalities, constituent entities of the Russian Federation and the Russian Federation as a whole (clause 2, article 2, article 124 of the Civil Code of the Russian Federation). The specificity of their participation lies in the fact that they are the bearers of public authority and at the same time fully participate in civil circulation as owners of their property. In my own way legal status municipal formations, constituent entities of the Russian Federation and the Russian Federation are independent of each other and act as independent participants in civil legal relations through their representative and executive bodies authorities. Unlike state formations local self-government bodies are created and operate as state bodies, however, in accordance with the Constitution of the Russian Federation, they are not included in the system of state power * (34).

Current legislature allows public legal entities to create legal entities that act in civil circulation on a limited real right independently (state and municipal unitary enterprises), to delegate to them their civil rights and obligations. Civil circulation also implies property liability of public legal entities for their obligations, which they bear independently within the limits of state and municipal property, with the exception of property transferred to unitary enterprises.

Public law formations as special subjects of civil law have all the signs necessary for participation in civil circulation, similar to the signs of a legal entity. Property isolation is expressed in the fact that they have the right to state and municipal property, which allows them to bear property liability for concluded transactions. The structure of building state and municipal authorities with a certain competence and subordination in accordance with the Constitution of the Russian Federation and the charters of municipalities speaks of organizational unity. The individualization sign is manifested in the fact that public legal entities acquire and exercise property and personal non-property rights on their own behalf, independently (Article 125 of the Civil Code of the Russian Federation).

As subjects of civil law, public legal entities have civil legal capacity and legal capacity.

The civil legal capacity and legal capacity of the state as a subject of civil law is determined and manifested not in its relations with other subjects - citizens and legal entities, but in the nature of education and existence, which is expressed in the scope of its legal personality.

The peculiarity of the state lies in the fact that it is the bearer of political power and sovereignty and, therefore, regulates property and other relations in a normative manner, determines the legal personality of citizens and legal entities.

1.5 Non-commercial unitary organizations

Non-profit unitary organizations are foundations, institutions, autonomous non-profit organizations, religious organizations, public companies. Their founders do not become participants in a legal entity and do not acquire membership rights in it.

Foundations are organizations created to achieve cultural, educational, social, charitable and other socially beneficial goals. Examples are charitable, pension and public funds. Funds are established by individuals and legal entities on the basis of voluntary property contributions. Entrepreneurial activity fund, corresponding to its statutory goals, involves the creation business companies or participation in them.

Institutions are organizations created by owners to solve socio-cultural, managerial or other non-commercial tasks. Institutions are state, municipal and private. Examples are ambulance stations, educational and educational institutions, social protection, culture and sports, as well as state and municipal governments.

Autonomous non-profit organizations - organizations established on the basis of property contributions from citizens and (or) legal entities for the purpose of providing services in the areas of education, healthcare, culture, science and other areas of non-commercial activity. Examples are supplementary centers vocational education, non-state kindergartens, museums, youth development centers, private hospitals and clinics, sports clubs and health centers, legal and other counseling centers.

Religious organizations are a voluntary association of citizens formed by them for the purpose of joint confession and dissemination of faith. A feature is the impossibility of transformation into a legal entity of a different organizational and legal form.

Public law companies are an innovation for Russia. It is assumed that these will be organizations that carry out their activities in the interests of the state and society, endowed with public law functions and powers. Such companies are created on the basis of a law or a decision of the Russian government. Legislation on public companies has not yet been adopted.

Summing up, we point out that general rule property transferred to non-profit unitary organizations by their founders and participants becomes their property. Their participants and founders are not liable for the obligations of such organizations, and it is not liable for the obligations of its founders and participants. The founders do not retain the rights to property transferred by them to the ownership of such organizations.

Having considered individual and collective entrepreneurship through the prism of organizational and legal forms, we found out that organizations are commercial and non-commercial, corporate and unitary. Each of the forms better suits the needs of certain enterprises or entrepreneurship in a certain area or in a special way. The state satisfies certain areas and needs of citizens independently through unitary enterprises. Otherwise, the choice of one or another organizational and legal form is made by a business entity.

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Non-profit unitary organizations are foundations, institutions, autonomous non-profit organizations, religious organizations, public companies. Their founders do not become participants in a legal entity and do not acquire membership rights in it.

Foundations are organizations created to achieve cultural, educational, social, charitable and other socially beneficial goals. Examples are charitable, pension and public funds. Funds are established by individuals and legal entities on the basis of voluntary property contributions. Entrepreneurial activity of the foundation, corresponding to its statutory goals, involves the creation of business companies or participation in them.

Institutions are organizations created by owners to solve socio-cultural, managerial or other non-commercial tasks. Institutions are state, municipal and private. Examples are ambulance stations, institutions of education and enlightenment, social protection, culture and sports, as well as state and municipal governments.

Autonomous non-profit organizations - organizations established on the basis of property contributions from citizens and (or) legal entities for the purpose of providing services in the areas of education, healthcare, culture, science and other areas of non-commercial activity. Examples are centers for additional professional education, non-state kindergartens, museums, youth development centers, private hospitals and clinics, sports clubs and health centers, legal and other counseling centers.

Religious organizations are a voluntary association of citizens formed by them for the purpose of joint confession and dissemination of faith. A feature is the impossibility of transformation into a legal entity of a different organizational and legal form.

Public law companies are an innovation for Russia. It is assumed that these will be organizations that carry out their activities in the interests of the state and society, endowed with public law functions and powers. Such companies are created on the basis of a law or a decision of the Russian government. Legislation on public companies has not yet been adopted.

Summing up, we point out that, as a general rule, property transferred to non-profit unitary organizations by their founders and participants becomes their property. Their participants and founders are not liable for the obligations of such organizations, and it is not liable for the obligations of its founders and participants. The founders do not retain the rights to property transferred by them to the ownership of such organizations.

Having considered individual and collective entrepreneurship through the prism of organizational and legal forms, we found out that organizations are commercial and non-commercial, corporate and unitary. Each of the forms better suits the needs of certain enterprises or entrepreneurship in a certain area or in a special way. The state satisfies certain areas and needs of citizens independently through unitary enterprises. Otherwise, the choice of one or another organizational and legal form is made by a business entity.