Public association is a community that was formed at the request of the inhabitants of the country.
The main feature of a community is the presence of one interest or one goal. To regulate the creation of a public association, Federal Law No. 82 “On Public Associations” was adopted in the Russian Federation.
What is a law?
Federal Law No. 82 "On Public Associations" in the Russian Federation was adopted by the State Duma on April 14, 1995. The last amendments to the Federal Law were made on December 20, 2017. also at this time, adjustments were made to Federal Law 115. Details
Subject of regulation- public relations that arise when citizens create communities or their subsequent liquidation. Foreign citizens and stateless persons have the same rights as citizens of the Russian Federation regarding this Federal Law. Exceptions are cases established by other laws or normative international acts.
Summary of Law No. 82 “On Public Associations”:
- Chapter 1 - Describes the general provisions of this Federal Law;
- Chapter 2 - Lists the features of the creation of public associations, their reorganization and subsequent termination of activities;
- Chapter 3 - Discloses the rights and obligations of persons participating in the association;
- Chapter 4 - Describes the concept of community property;
- Chapter 5 - Reveals the degree of responsibility for violation of Federal Law 82;
- Chapter 6 - Lists possible international connections of communities;
- Chapter 7 - Describes the final provisions.
Read more about Federal Law 152 in the new edition. Link
Latest amendments
As mentioned above, the last changes to Federal Law 82 were made on December 20, 2017. In particular, the changes affected the following article:
Ch 5 st 8
A public organization must have a governing body. All major decisions are made by the governing body or the governing collegial group in the public association.
Below are important articles that have not been updated recently.
Article 5 of the Federal Law 82
Article 5 describes the notion of a public association. This is understood as a self-governing voluntary community, created without pursuing commercial goals. Community members share common interests and goals.
Article 7 of the Federal Law on public associations
Article 7 lists the forms in which communities may be organized:
- community group;
- public institution;
- Movement;
- Fund;
- Political party (FZ).
82 FZ article 29
Article 29 lists the obligations of a collective association. It should:
- Follow the legislation of the Russian Federation and generally accepted principles and norms of international agreements;
- Publish reports on the operation of own property every year;
- Annually inform the state body that registered the association about the continuation of activities;
- Do not interfere with the appearance of an authorized employee at ongoing collective associations of the enterprise;
- Inform the federal body of state registration on the amount of money or other property received from foreign sources. They are specified in the Federal Law "On Non-Commercial Organizations", on the purposes of investigating such funds and exploiting real estate.
The community must without fail inform the body that made the decision on the state registration of this community to change the information specified in Article 5 of the Federal Law "On State Registration of Individual Entrepreneurs and Individuals". You can not provide information received within three days from the date of such changes.
If information has not been provided several times in a row, the authorized state body may apply to the court with a written application for the community to stop its work.
In order to receive funding from foreign sources and participate in the political activities of the Russian Federation, the community must register its association as a non-profit organization that performs the function of a foreign entity.
Article 35
Article 35 describes the management of property in public institutions. Communities that are financed by one or more owners can be managed on the basis of operational management.
Communities that are managed by legal entities may be the property of these citizens. If the ownership of real estate passes to a third party, then the fixed property also passes to him, while he has the right to exercise operational management.
Collective communities are liable for the obligations of the funds that are in their account. If they are not sufficiently subsidized, liability arises. It is borne by the owner of the fixed property (movable and immovable).
Download the current version of Federal Law 82
Federal Law "On Public Associations" No. 82 arose due to the exercise of the rights to associate, create activities and reorganize the collective community. To learn more about the Federal Law, you can go to download.
annually inform the body that made the decision on the state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the leaders of the public association in the amount of information included in the unified state register of legal entities;
Submit, at the request of the body that makes decisions on the state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities in the amount of information submitted to the tax authorities;
To allow representatives of the body that makes decisions on the state registration of public associations to the events held by the public association;
Provide assistance to representatives of the body that makes decisions on state registration of public associations in getting acquainted with the activities of a public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;
Inform the federal state registration authority about the amount of money and other property received from foreign sources, which are specified in paragraph 6 of Article 2 of the Federal Law "On Non-Commercial Organizations", about the purpose of spending these funds and using other property and about their actual spending and use in the form and within the time limits established by the authorized federal executive body.
A public association is also obliged to inform the body that made the decision on the state registration of this association of changes in the information specified in paragraph 1 of Article 5 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on obtained licenses, within three days from moment of such changes. The specified body, no later than one working day from the date of receipt of the relevant information from the public association, notifies the authorized registration body about this, which makes an entry in the unified state register of legal entities about the change in information about the public association.
Repeated non-submission by a public association within the established period of updated information necessary to make changes to the unified state register of legal entities is the basis for the appeal of the body that made the decision on state registration of the public association to the court with an application to recognize this association as having ceased its activities as a legal entity and on its exclusion from the Unified State Register of Legal Entities.
Repeated non-submission by a public association within the established period of time of the information provided for by this article is the basis for the appeal of the body that made the decision on the state registration of the public association to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register legal entities.
The non-submission by a public association within the established period of time of the information provided for in paragraph eight of part one of this article is the basis for the appeal of the body that made the decision on the state registration of the public association to the court with an application to recognize this association as having ceased its activities as a legal entity and to exclude it from unified state register of legal entities.
A public association that intends, after state registration, to receive funds and other property from foreign sources, which are specified in paragraph 6 of Article 2 of the Federal Law "On Non-Commercial Organizations", and to participate in political activities carried out on the territory of the Russian Federation, is obliged before participating in this political activities, submit to the body that made the decision on the state registration of this public association an application for its inclusion in the register of non-profit organizations that perform the functions of a foreign agent, provided for in paragraph 10 of Article 13.1 of the Federal Law "On Non-Commercial Organizations". Such a public association quarterly submits to the federal body of state registration the information provided for in paragraph eight of part one of this article.
Judicial practice under Article 29 of the Federal Law of 19.05.1995 No. 82-FZ
Decision No. 2A-496/2018 2A-496/2018~M-509/2018 M-509/2018 dated September 28, 2018 in case No. 2A-496/2018
Rybnovsky district court (Ryazan region) - Civil and administrative
According to the Unified State Register of Legal Entities, a person entitled to act on behalf of a non-profit organization without a power of attorney is the chairman - FULL NAME5. In accordance with par. 4 tbsp. 29 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, a public association is obliged to annually inform the body that made the decision on state registration of a public association about the continuation of its ...
Decision No. 2A-1236/2018 2A-1236/2018~M-1067/2018 M-1067/2018 dated September 28, 2018 in case No. 2A-1236/2018
Volzhsky City Court (Republic of Mari El) - Civil
G. No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control", paragraphs 5, 7 of part 1 of Article 29 of the Federal Law of May 19, 1995 No. 82-FZ "On public associations”, subparagraph 1 of paragraph 5 of Article 32 of Federal Law No. 7-FZ dated January 12, 1996 “...
Decision No. 2A-432/2018 2A-432/2018~M-402/2018 M-402/2018 dated September 28, 2018 in case No. 2A-432/2018
Ust-Katav city court (Chelyabinsk region) - Civil and administrative
Implemented. It is not planned to resume activities, there are no debts, the organization is not located at the address indicated in the constituent documents, it has changed its location. In violation of paragraph 9 of Art. 29 of the Federal Law of May 19, 1995, the organization did not provide the necessary information about its activities. In violation of the order of the Ministry of Justice of Russia No. 72 dated March 29, 2010. "About approval...
Decision No. 2A-3491/2018 2A-3491/2018~M-2879/2018 A-3491/2018 M-2879/2018 dated September 27, 2018 in case No. 2A-3491/2018
Sverdlovsky District Court of Kostroma (Kostroma Region) - Civil and administrative
The Charter of the Fund states that the supreme governing body is the General Meeting of Participants, and the permanent executive collegial body is the Board. In violation of par. 2 hours 1 tbsp. 29 of the Federal Law "On Public Associations", clause 4.5., clause 4.5.1. According to the Charter of the Foundation, there are no participants in the Branch and the governing bodies of the Branch have not been formed. Violation of the norm h. ...
Decision No. 2A-737/2018 2A-737/2018~M-899/2018 M-899/2018 dated September 27, 2018 in case No. 2A-737/2018
Grozny District Court (Chechen Republic) - Civil and administrative
Public associations, submits to the authorized body (Ministry of Justice of Russia) (its territorial body is the Office of the Ministry of Justice of Russia for the Chechen Republic), documents in the form approved by order of the Ministry of Justice of Russia dated March 29, 2010 No. 72 “On approval of reporting forms for non-profit organizations”, containing information on the amount of money he receives from international and foreign organizations, foreign citizens and stateless persons...
Decision No. 2A-2066/2018 2A-2066/2018~M-2065/2018 M-2065/2018 dated September 27, 2018 in case No. 2A-2066/2018
Leninsky District Court of Barnaul (Altai Territory) - Civil and administrative
The organizations were included by the Interdistrict IFTS for the largest taxpayers in the Altai Territory in the Unified State Register of Legal Entities on March 20, 2003, for the OGRN .... In violation of Art. 29 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, information on the activities of the organization for 2017 was not provided, in connection with this, 08 ...
Decision No. 2A-4400/2018 2A-4400/2018~M-4493/2018 M-4493/2018 dated September 27, 2018 in case No. 2A-4400/2018
Leninsky district court of Ulyanovsk (Ulyanovsk region) - Civil and administrative
Including those received from international and foreign organizations, foreign citizens and stateless persons, in the form No. ON0002, approved by order of the Ministry of Justice of the Russian Federation dated 29. 03.2010 No. 72 “On approval of reporting forms for non-profit organizations”, in accordance with the Decree of the Government of the Russian Federation of 04.15.2006 No. 212 “On measures to implement certain provisions of Federal laws, ...
Decision No. 2A-1187/2018 2A-1187/2018~M-1122/2018 M-1122/2018 dated September 27, 2018 in case No. 2A-1187/2018
Troitsk city court (Chelyabinsk region) - Civil and administrative
Addresses of the location of the organization required to make changes to the Unified State Register of Legal Entities, within 3 days from the date of such changes. In violation of paragraphs 4 and 8 of Art. 29 10.
Decision No. 2A-2336/2018 2A-2336/2018~M-2086/2018 M-2086/2018 dated September 25, 2018 in case No. 2A-2336/2018
Leninsky district court of Tambov (Tambov region) - Civil and administrative
The Kyokushinkai Regional Federation was registered on March 16, 2009 by the Office of the Ministry of Justice of the Russian Federation for the Tambov Region under the state registration number (OGRN) 1096800000307. In accordance with Art. 29 of the Federal Law of the Russian Federation of May 19, 1995 N 82-FZ "On Public Associations", an organization is obliged to annually inform the body that made the decision on the state registration of a public association about ...
Federal Law 82 “On Public Associations” regulates the legal relations of citizens that arise in the exercise of their right to participate in regulated groups. It is prescribed that foreign citizens have similar rights. Exceptions are cases expressly specified in legislative acts or international treaties of the Russian Federation.
Federal Law 82 “On Public Associations” was adopted on April 14, 1995. It regulates the main issues related to the right of citizens to unite in groups and organizations. The summary of the law can be considered on the basis of the structural list of its chapters:
- general provisions - include the basic principles of the law, definitions and varieties;
- the procedure for the creation of public associations, reorganization and abolition;
- the rights and obligations of the joint group;
- property and property management, supervision and control over execution;
- responsibility for breaking the law;
- international public associations and international relations.
Federal Law 82 is constantly being finalized in order to update the legislative framework. The purpose of the changes is to optimize the provisions of legal acts, as well as their compliance with other documents adopted in the Russian Federation.
The last amendments to the Law on Public Organizations were made in 2016. They touched upon the wording of some articles. There are no later amendments to the law on associations for 2017.
Download FZ 82
Download Federal Law 82 "On Public Associations" Can . The document is given in the current version for 2017. All recent changes have been made to the text. The proposed document is suitable both for obtaining information and for in-depth study of the legislative framework on the issues of association of citizens.
Recent amendments to the law on public associations
The last amendments to Federal Law 82 “On Public Associations” were made in 2016. On January 31, amendments were made to Article 4 of Federal Law 82. According to them, the wording of the first part on the content of the right of citizens to associations was changed.
June 2, 2016 article 8 was supplemented by the fifth paragraph on the need to create a sole executive body. In some cases, a collegial executive body is formed.
Since 2016, there have been no amendments to Federal Law 82. A number of changes to the Law on Social Movements were made in earlier periods. They should be considered on the example of the most relevant articles.
Article 5 of the Federal Law 82 regulates the concept of social movement. This is understood as a voluntary non-profit formation based on the principle of self-government. It is prescribed that it is created on the initiative of citizens who unite in the presence of common interests to achieve common goals. The wording of Article 5 has not been amended since the publication of the document.
Article 7 of the Federal Law"On Public Associations" prescribes the organizational and legal forms of possible formations. These include:
- public organization;
- movement;
- fund;
- institution;
- body of public initiative;
- Political Party.
The last amendments to the article were introduced in 2002. The last paragraph has been added to them, and the second part of Article 7 has been abolished. This provision has no other editions.
Federal Law 82 FZ article 29 prescribes the duties of public associations. These include the following aspects:
- compliance with the laws of the Russian Federation, international legal norms and principles;
- publication of an annual report on the use of own property;
- the need to notify the registration authority of the continuation of its activities, indicating the current location and general information about the name and leaders;
- if there is a request from the registration authorities, provide all information and reports in the same form in which they are drawn up for the tax service;
- allow an authorized person of the registration authorities to attend events, provide other assistance in getting acquainted with the activities of the association;
- provide complete information regarding the amount of money and property received from foreign sources.
Separately, the article regulates cases of repeated violation of duties. If the annual report is not submitted, the registering body has the right to apply to the court with an application for the recognition of this association as invalid. This principle applies to annual reports and related information.
Last changes to article 29 were introduced in 2014. They touched upon the wording of the paragraph on the provision of an annual report on the confirmation of activities. The amendments made changed the word "name" to "name".
