On the status of the clan community of the indigenous small-numbered peoples of the north. Communities of the indigenous minorities of the Russian Federation Public organization of the indigenous minorities

Founding documents of indigenous communities small peoples

(samples of legal documents)

Moscow

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

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

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

Project

PROTOCOL

the constituent assembly of the community

indigenous small people ____________

The constituent assembly of the community took place on "___" _________ 200___ at the address: _

Present: __

__________________________________

(surname, name, patronymic in full)

__________________________________

(surname, name, patronymic in full)

__________________________________

(surname, name, patronymic in full)

__________________________________

(surname, name, patronymic in full)

Meeting agenda:

1. About the creation of the Community __________________.

3. About the approval of the Charter.

5. Formation of control bodies of the community

The chairman of the general meeting was elected _________________ (F. I. O.), the secretary - _____________________ (F. I. O.).

_____________________________________________

)

No against

Abstained no

IT WAS RESOLVED AS FOLLOWS:

Create a non-profit organization ________________________________ _____________

.

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

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

"per"

(signatures) (decryption 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

IT WAS RESOLVED AS FOLLOWS:

Conclude a founding agreement on the establishment of the community.

On the third question ________________________________ (full name) spoke on the agenda, who proposed to approve the Charter of the community.

"per" __________________ _______________________

__________________ _______________________

(signature) (decryption of signature)

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

No against

Abstained no

IT WAS RESOLVED AS FOLLOWS:

Approve the Charter of the community.

On the fourth question ______________________________ (F. I. O.) spoke on the agenda, who proposed to elect to the Board of the community consisting of ________________________________________, to elect _________________________________________________ as the Chairman of the Board.

"per" __________________ _______________________

(signatures) (decryption 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 ________________________________ (F. I.O.) spoke on the agenda, who proposed to elect an audit commission of the Community consisting of ________________________________________.

"per" __________________ _______________________

(signatures) (decryption 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) (decryption of signature)

Meeting secretary __________________ _______________________

(signature) (decryption of signature)

Project

MEMORANDUM OF ASSOCIATION

on the creation of a non-profit organization

_____________________________________________

(indicate the form: family (tribal) or territorially-neighborly, the name of the KMN and the Community)

______________ "__" ________ 200__

1. THE SUBJECT OF THE AGREEMENT

1.1. We, the founders of the community:

(surname, name, patronymic in full)

(surname, name, patronymic in full)

(surname, name, patronymic in full)

4.3. The community carries out other types of activities not prohibited by the current legislation 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 ___________ (indicate which one).

5.2. Community members have the right to withdraw from it. In case of leaving the community, a member of the Community and his family members are provided with a share of the property of the community.

5.3. The rights and obligations of the 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. MANAGEMENT PROCEDURE OF THE COMMUNITY

6.1. The procedure for governing the Community, the structure of governing bodies, the procedure for creating control bodies, as well as the competence of governing 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. SETTLEMENT 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 execution, through negotiations.

7.2. Disputes and disagreements that cannot be resolved through negotiations are resolved in a judicial or other manner prescribed 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 indigenous peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not harm the interests of other ethnic groups and citizens.

8. AMENDMENT 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 the cases established by law.

9. ENTRY INTO FORCE

9.1. This Agreement comes into force from the moment of its signing 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, then this will not be a reason for the suspension of the remaining provisions.

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

Founders' signatures:

__________________ _______________________

(signatures) (decryption of signatures)

Project

APPROVED BY

General meeting (gathering) of members

_____________________________________

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

indigenous communities

_____________________

(indicate the name of the KMN and the Community)

"___" ___________ 200___

Chairman of the General Meeting (meeting)

_____________ __ _________________

(signature) (decryption of signature)

U S T A V

_____________________________________________

(indicate the form: family (tribal) or territorially-neighborly, the name of the KMN and the Community)

1. GENERAL PROVISIONS

1.1_____________________________________________

(indicate the form: family (tribal) or territorially-neighborly, the name of the KMN and the Community), hereinafter referred to as the "Community", was created for the joint implementation of the goals and objectives provided for by this Charter.

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

1.2. Full name of the Community in Russian - _____________ _____________________________________________

(indicate the form: family (clan) or territorial-neighbor, the name of the KMN and the Community).

Abbreviated name in Russian - _____________________ ______________________________________________________________

1.3. The Community carries out its activities in accordance with the Constitution, the Federal Law "On general principles organizations of 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-Commercial Organizations ", other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation, this Charter.

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

1.5. The community freely distributes information about its activities.

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

1.7. Community Type - point out (family (tribal), or (and) territorial-neighborly).

1.8. Territorial scope of the Community: __________________.

1.9. Location of the Community - _________________________________ Location of the governing body of the Community - the Board of the Community: _________________________________, the 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. The community is considered to be created from the moment of making a decision on the organization of the Community and after state registration acquires the rights legal entity.

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

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

2.4. The community has a round seal with its full name, has the right to have letterheads and stamps with its name, as well as an emblem registered in accordance with the established procedure.

2.5. The Community is not responsible for the obligations of the 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 responsible for the obligations of the Community within the limits of their share of the property of the Community.

2.6. The community can create economic partnerships, societies and other economic organizations with the status of a legal entity, with the condition that at least 50 percent of jobs are created in them for __________ (SIM), join Russian and international public associations, maintain direct international contacts and communications.

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

3. COMMUNITY FOUNDERS

3.1. The founders of the Community are

1) ___________________________________________________

(surname, name, patronymic in full)

passport _________________________________________, issued _______________________________ "____" ___________________

2) ___________________________________________________

(surname, name, patronymic in full)

passport _________________________________________, issued ___________________________________ "____" __________________

3) ___________________________________________________

(surname, name, patronymic in full)

passport _________________________________________, issued __________________________________ "____" ___________________

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

4. SUBJECT AND OBJECTIVES OF THE COMMUNITY'S ACTIVITY.

BASIC TYPES OF ECONOMY.

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 industries economic activity, rational nature management, ensuring the traditional way of life, culture and language, as well as preserving the territory of settlement and the habitat of the local population, as the main condition for the survival and development of the indigenous small-numbered peoples of the North;

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

Assistance in creating favorable conditions for solving the problems of socio-economic and cultural revival and further development of the people ____________ (indigenous peoples), the implementation and protection of their civil, political, economic, social and cultural rights and freedoms.

The community also has as its goal the strengthening of friendship, mutual understanding of the ____________ (indigenous peoples) people with other peoples.

4.2. The main types of management of the Community are:

List specific activities that the community will be involved in, for example :

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

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

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

Coastal crab fishing, catching (collection), processing and sale of other aquatic animals and plants, including seafood, which are not objects of fishing;

Hunting, processing and sale of hunting products;

Extraction, processing and sale of animals that are not objects of hunting;

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

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

Processing of animal skins, including marine;

Manufacturing of national utensils, implements, sledges, boats, national fur clothing, footwear and their implementation;

Manufacturing of national souvenirs, art and other works of national culture, as well as their implementation;

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, sale of sled dogs;

Horse breeding;

Home gardening;

Construction of national dwellings or home improvement in accordance with national traditions and customs;

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

Organization of ceremonial holidays associated with the maintenance of traditional internal and interethnic ties;

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

Other traditional crafts, rural and community industries;

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

Training of personnel from indigenous and local populations to carry out activities for the protection and rational use natural resources;

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

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

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

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

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

The duration and schedule of the working day, the procedure for granting 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. The individual earnings of the Community employees are determined by labor contributions and the size of the share of the profit that is directed to remuneration of labor. 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 on the conditions established for workers and employees of state enterprises. The community pays social and health insurance contributions in accordance with the procedure and in the amount established by the current legislation.

7.4. The community has the right to enter into contractual relations with other organizations, with executive bodies state power, bodies local government to address issues of social, cultural and domestic development. Community workers are provided with benefits in accordance with applicable law. The community has the right, at its own expense, to establish additional social security benefits for members of the labor collective.

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

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

8. COMMUNITY GOVERNANCE

8.1. The highest governing body of the Community is the General Meeting of the 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 the decision of the Chairman of the Board, approved by the Board of the Community.

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

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

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

One member (collective or individual) has one vote.

8.4. V exclusive competence The general meeting of the members of the Community is located:

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

8.4.2. Election of the Board of the Community and its Chairman;

8.4.3. Acceptance of new members;

8.4.4. Exclusion from the community;

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

8.4.6. Election of the Auditing 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 Board of the Community.

On the issues listed in clauses 8.4.1, 8.4.3, 8.4.4., 8.4.7. (determine how), the decision is made by a qualified (2/3) majority of votes of the members of the Community.

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

Hearing the reports of the Board of the Community and the Auditing Commission of the Community;

Determination of the order of distribution of income from the sale of surplus products of traditional farming and products of traditional crafts;

Formation of the Community Comrades' Court and the creation of voluntary public formations (brigades, groups, etc.) for the protection of the environment, public order in accordance with applicable law;

The general meeting of the members of the Community has the right to take into consideration any other issue related to the activities of the Community.

8.5. Constantly acting body management in the period between general meetings of members of the Community is the Board of the Community, consisting of ______- (indicate quantityhuman).

The Board organizes the activities of the Community and holds meetings as needed, but not less often than _________ ( specify the period, for example, at least 1once a month).

8.6. Members of the Community who have received 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 Management Board;

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

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

Defines priority the activities of the Community, the principles of the formation and use of its property;

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

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

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

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

Approves the decisions of the Chairman of the Board of the Community;

Hears reports from the Chairman of the Management 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 Board of the Community, and about other information required to be entered into the unified state register of legal entities;

And also exercises other powers in accordance with this Charter.

The 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.

8.9. Chairman of the Board:

Organizes the work of the Board of the Community;

In the period between meetings of the Board of the Community, decides all organizational, production and other issues, with the exception of those issues that are attributed to the jurisdiction of the General Meeting of Members of the Community or the Board of the Community;

Represents the Community in relations with organizations, bodies of state power and administration, local governments, public organizations in Russia;

Supervises the preparation, convenes and presides over the meetings of the Board of the Community, the general meeting of the members of the Community;

Controls execution financial plan Communities;

Appoints to the posts of staff members of the Community administration;

Manages the property and finances of the Community;

Signs banking and financial documents;

Responsible for the accuracy of the reported data on maintenance financial activities Communities;

Without a power of attorney, acts on behalf of the Community, makes transactions provided for by the Law, opens bank accounts, issues powers of attorney, represents the Community in courts, issues orders within its competence, recruits 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 ___________ (indicate quantity) a person to check the financial activities of the Community and is accountable to him.

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

9.3. The Revision 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 provided 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, structures, housing stock, transport, equipment, inventory, cultural, educational and health-improving property, cash, shares and other securities, other property necessary to materially support the activities of the Community in in accordance with this Charter.

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

10.3. The community bears material 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. A community, with the consent of its members, has the right to sell the products of labor produced by its members.

The proceeds from the sale of surplus products of traditional farming and products of traditional crafts are distributed by the General Meeting of the 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 applicable law.

11. COMMUNITY ACCOUNTING AND REPORTING

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

12.11. After the liquidation of the Community, personnel documents in accordance with the 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 the state register of legal entities.

12.13. Disputes about the liquidation of the Community are settled in court.

DRAFT LETTER

to the body implementing

registration of legal entities

We ask you to register a non-profit organization - _____________________ (indicate the form: family (tribal) or territorial-neighborly, the name of the KMN and the Community).

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, Clause 3), the Federal Law "On Non-Commercial Organizations" (Article 2, Clause 3), legal entities that are non-profit organizations can be created in the form of consumer cooperatives, public or religious organizations (associations ) financed by the owner of institutions, charitable and other foundations , as well as in other forms, provided by law.

Such another form non-profit organization - "community", provides the federal law of 01.01.01, "On the general principles of organizing communities of indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation", Article 5 of which states that "the activities of the communities are of a non-commercial nature."

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

Sincerely,

________________________ (signature, decryption of signature, position of the authorized person)

V GK amendments have been made, in accordance with which a new type of non-profit organization - the community of indigenous small-numbered peoples of the Russian Federation - has received legislative consolidation.

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

For the first time, this kind of non-profit organization was mentioned in the Law on Non-profit Organizations. So, in paragraph 4 of Art. 6.1 The Law on Non-Commercial Organizations states that the peculiarities of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.

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

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

According to Art. 123.16 CC communities of the indigenous small-numbered peoples of the Russian Federation are voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united by consanguineous and (or) territorial-neighborly characteristics in order to protect the original habitat, preserve and develop traditional lifestyles, management, crafts and culture ...

Founders of communities of small peoples can only be persons belonging to small peoples who have reached the age of 18 years. The number of founders cannot be less than three.

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

Legal entities cannot be founders.

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

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

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

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

The unified list of indigenous small-numbered peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of the state authorities of the constituent entities of the Russian Federation, in whose territories these peoples live ( Decree The Government of the Russian Federation of March 24, 2000 N 255 established the following Scroll).

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

It's no secret that Russia is multinational state, which is home to over 100 nationalities. Each nation has its own traditions and culture, which are protected at the state level.

However, some nationalities are so small that their very existence is threatened. And therefore, the state implements various mechanisms that help preserve the authenticity of small peoples.

The concept of a community of indigenous peoples of the Russian Federation

One of the responsibilities of the state is to protect all citizens who live on its territory. Given the fact that in Russia there is great amount nationalities with a variety of cultural and linguistic traditions, the state protects the authenticity of the peoples of Russia and contributes to the development of their self-awareness.

As statistics show, about 40 ethnic groups live in Russia, the number of which hardly exceeds 30 thousand people. The protection of such small peoples is a major milestone public policy... That is why in 1990 the public organization "Association of Indigenous Minorities of the Russian Federation" was organized.

The concept of a community of indigenous small-numbered peoples of the Russian Federation is often mentioned in regulatory documents.

In fact, these are public organizations of non-profit purpose that are involved in the observance of human rights and are official representatives small peoples who live in our country.

Thanks to this structure, indigenous peoples have the opportunity to adhere to their traditional way of life, in every possible way to develop and increase their cultural characteristics.

Geographically small indigenous peoples are concentrated in the northern part of the country, Siberia and the Far East. After in Soviet years the number of indigenous peoples sharply declined, the state began to protect them.

Most of the representatives of these ethnic groups live within the areas of compact residence and are engaged in traditional crafts.

Article 69 of the Constitution of the Russian Federation provides that the rights of indigenous peoples with a small number of representatives are respected in in full... Many regulations governing the state policy towards citizens are devoted to the protection of small ethnic groups.

Indigenous communities are social structures that do not set themselves the goal of making a profit, and are supported by charitable contributions, voluntary donations from citizens and government financial support.

Signs and types of the community of the indigenous peoples of the Russian Federation

The indigenous peoples of Russia are classified according to language group, and the number of representatives.

In general, the following main groups are distinguished among the indigenous peoples:

• Peoples of Northern Russia;
• Far Eastern peoples;
• Altai peoples;
• West and East Siberian authentic communities.

Indigenous peoples live in their traditional places of concentration. The state guarantees them a certain degree of autonomy and the ability to maintain special foundations of life for them. In addition, small ethnic groups are engaged in traditional activities (fishing, animal husbandry, agriculture).

In accordance with the current legislative regulations, all ethnic groups are classified as indigenous small-numbered peoples, the number of representatives of which does not exceed 40 thousand people. It should be noted that the indigenous peoples are unevenly distributed over the territory of Siberia and the Far East.

Territory and original habitat, places of traditional residence and economic activity of indigenous peoples

The territories where small ethnic groups are traditionally settled are officially approved by the Government of Russia. At the same time, the state guarantees that the indigenous representatives of small peoples will have the full opportunity to lead a cultural life and engage in those activities that are considered traditional for them.

In particular, the list of traditional activities for small peoples includes:

• Nomadic animal husbandry (breeding of deer, yaks and horses) and processing of products of the livestock complex;
• Hunting for fur animals and making fur products;
• Plant growing, in particular agriculture, growing crops, medicinal plants and berries;
• Gathering (harvesting, processing and sale of forest products);
• Folk crafts and arts and crafts (embroidery, weaving from herbs and leather, processing of fur, bones and other materials).

As statistics show, the vast majority of the indigenous population of Siberia and the Far East traditionally settle in those places where their ancestors used to live. Therefore, on the map of the country you can find whole settlements, in which the vast majority of the population belongs to indigenous peoples.

Establishment of a community of indigenous peoples of the Russian Federation

In accordance with current legislation, a community that unites small peoples and sets itself the goal of protecting their authenticity must be public structure non-commercial purpose.

It is worth noting that anyone can establish such a structure, but with some exceptions:

• Nationals of foreign states and stateless persons;
• Legal entities;
• State and municipal authorities.

In addition, foreign commercial and non-commercial organizations cannot act as founders either, but they can finance the community through voluntary contributions and donations.

The community to be created must be registered with the state authorities.

It is worth noting that in order for the registration process to go through without any particular difficulties, the following rules must be observed:

• The number of community members must be more than 2 people;
• All members of the organization must sign the statutory documentation;
• The community must have an official name, indicating the location and the main type of business.

Property of the community of indigenous peoples of the Russian Federation

Given the fact that a community uniting indigenous peoples cannot be a commercial structure, all its property consists of charitable contributions, donations and other financial assistance.

The state determines that when registering a community, all its members must form a charter, which will indicate what property they contribute as their entrance fees. The property can be both in monetary terms and in kind (real estate, transport, furniture and interior items, etc.).

By law, all property belongs to the community itself.

However, if a situation arises when one of the members of the organization decides to leave its ranks, his share, which was contributed by him as an entrance fee, will be returned to him in full in cash or in kind.

It is worth noting that although the minority community is not a commercial entity, it can facilitate the sale of indigenous goods.

The received profit will be distributed among the community members, or transferred to the statutory fund of the organization with the appropriate division into shares.

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How long will it take to register TOSKMNS and is it possible to become a chairman at the age of 17, if you can join at the age of 16?

Danila 05/21/2019 15:20

Hello! According to Art. 26 of the Civil Code of the Russian FederationMinors between the ages of fourteen and eighteen have the right independently, without the consent of their parents, adoptive parents and guardian:to dispose of their earnings, scholarships and other income;to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;in accordance with the law, make contributions to credit institutions and dispose of them;make small household transactions and other transactions provided for by paragraph 2 of Article 28 of this Code. That is, a minor cannot become a chairman, for this you need to be declared fully capable.

Pchelintseva Marina Vladimirovna 19.06.2019 16:20

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Yes that's right.

Kolpakova Galina Yurievna 20.06.2019 12:30

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How to register a community of indigenous peoples of the Russian Federation?

how to correctly write an application for opening a non-profit organization of indigenous peoples

Anatoly 12/24/2018 12:39 PM

Good day!
In accordance with Art. 6.1 FZ of 12.01.1996 No. 7-FZ, communities of indigenous small-numbered peoples of the Russian Federation (hereinafter referred to as a community of small-numbered peoples) recognize forms of self-organization of persons belonging to the indigenous peoples of the Russian Federation and united by consanguinity (family, clan) and (or) territorial neighbors' principles, in order to protect their original habitat, preserve and develop traditional lifestyles, economic activities, crafts and culture.
According to Art. 8 ФЗ dated 20.07.2000 No. 104-ФЗ communities of small peoples are organized on a voluntary basis at the initiative of persons belonging to small peoples who have reached the age of 18 years. The will to join the community of indigenous peoples must be expressed in the form of a written statement or in the form of an entry in the minutes of the general meeting (gathering) of members of the community of indigenous peoples (meeting authorized representatives small peoples).
Samples of documents for registration of non-profit organizations can be found at this link: https://minjust.ru/ru/obrazcy-zapolneniya-dokumentov

26.12.2018 10:22

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If necessary, the Legal Group of the Free Legal Advice Service will draw up all documents, complaints and statements for you. Our address: Moscow, Staropimenovskiy pereulok, house 18..html Our contacts: website / kontakty.html

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non-profit organizations, Communities of the kmn rf

What is the purpose of the activities of the Communities of the Russian Federation Communist Party, enshrined in the law? Responsibility of the Communities of the Ministry of Education of the Russian Federation, enshrined in law?

Tamerlane 12.11.2018 21:17

Hello! These issues are regulated by the Federal Law "On the General Principles of Organization of Communities of Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation." We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on consultation - Promo code - "Free legal advice service".

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limitations

what could be the disadvantages of a non-profit organization in the form of indigenous communities?

Anastasia 10/13/2018 16:08

Good day! According to article 6 of the Federal Law "On general principles of organization of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation", the organization and activities of communities of small peoples for other purposes, except for the purposes specified by this Federal Law, the laws of the constituent entities of the Russian Federation, constituent documents of the corresponding communities of small peoples. The pluses include Art. 8 of the Federal Law, government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies, their officials have no right to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, except for cases stipulated by federal legislation and the legislation of the constituent entities of the Russian Federation. Federation. Actions of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, their officials violating the independence of communities of small peoples, unions (associations) of communities of small peoples, may be appealed in accordance with the procedure established by federal legislation. Also, according to Article 13 of the Federal Law, members of the community of small peoples are responsible for the obligations of the community of small peoples within their share of the property of the community of small peoples. We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on consultation - Promo code - "Free legal advice service".

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Yurenev Vitaly Anatolievich 13.10.2018 21:43

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Igor Valuev 14.10.2018 14:22

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Indigenous Minority Membership Application

What is the correct way to write an application for joining the territorial-neighboring community of the indigenous small-numbered peoples of the Far East?

Ksenia 08/13/2018 17:32

Hello! An application for joining the community of indigenous minorities is written in free form. You can write something like this: Please accept in territorial-neighboring community of indigenous peoples of the Far East Full name, in accordance with paragraph 1 of Art. eight Federal Law of 20.07.2000 N 104-FZ (as amended on 27.06.2018) "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." Number, signature.

Fedorova Lyubov Petrovna 14.09.2018 21:50

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Galina 20.11.2018 05:24

The law says that the community is subject to mandatory registration. Can I contact the local self-government bodies of the local settlement?

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Dubrovina Svetlana Borisovna 20.11.2018 07:57

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Yes, that's right, I agree with my colleague

Dubrovina Svetlana Borisovna 15.09.2018 08:30

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The concept of an enterprise, its signs. Modern organizational forms of business entities. Communities of the indigenous small-numbered peoples of Russia. The procedure for opening non-profit organizations. The procedure for the termination of the indigenous minority communities.

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Ministry of Education and Science of the Amur Region

GPOAU "Amur College of Construction and Housing and Communal Services"

Discipline: Organization Economics

On the topic: "Organizational - legal forms enterprises. Communities of the indigenous peoples of the 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 features

An enterprise is an independent economic entity created (established) in accordance with the current legislation to manufacture products, perform work or provide services in order to meet social 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 features:

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

· The company is responsible with its property for obligations that arise in its relationship with creditors, including to the budget;

· The company acts in economic circulation on its own behalf and has the right to conclude all types of civil contracts with legal entities and individuals;

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

The company must have an independent balance sheet and timely submit the established government bodies reporting;

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

By appointment finished products enterprises are divided into producing means of production and producing consumer goods;

· On the basis of technological community distinguish between an enterprise with continuous and discrete production processes;

· On the basis of the size of the enterprise are divided into large, medium and small;

· By specialization and scale of production of the same type of products, enterprises are divided into specialized, diversified and combined.

· According to the types of production process, enterprises are divided into enterprises with a single type of production, serial, mass, experimental.

According to the characteristics of activity, there are industrial enterprises, trade, transport and others.

· By forms of ownership, private enterprises, collective, state, municipal and joint ventures (enterprises with foreign investment) are distinguished.

2. Organizational forms of enterprises

In accordance with civil code RF in Russia, the following organizational forms of commercial enterprises can be created: economic partnerships and societies (communities), production cooperatives, state and municipal unitary enterprises.

Business partnerships and societies (communities):

· Full partnership;

· Limited partnership (limited partnership);

Limited liability company,

· Additional liability company;

· Joint stock company (open and closed).

3. Communities of the indigenous peoples of the Russian Federation

community indigenous russia non-profit

According to Art. 6.1 of the Law on Non-Commercial Organizations, the communities of the indigenous small-numbered peoples of the Russian Federation recognize the forms of self-organization of persons belonging to the indigenous peoples of the Russian Federation and united by consanguineous (family, clan) and (or) territorial-neighborly principles, in order to protect their original habitat, preserve and the development of traditional lifestyles, farming, 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 the indigenous peoples of the Russian Federation", according to which the indigenous peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, management and crafts , numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities.

The unified list of indigenous small-numbered peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of the state authorities of the constituent entities 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 a special legal status for the indigenous small-numbered peoples of the Russian Federation is primarily due to the fact that such peoples, in addition to being small in number, live in extreme climatic conditions that have a negative impact on the human body. The labor activity of these peoples in the traditional and practically the only areas of management possible for them is substantially and constantly hampered by the reduction of the natural resources at their disposal and being the source of their existence. The impact of such negative factors can lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing for additional measures of their legal protection.

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, an original social organization residence, original culture, preservation of customs and beliefs, and the original habitat - a historically formed area, within which small peoples carry out cultural and everyday life activities and which affects their self-identification, 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 authorities implementing state registration, refused to register communities of indigenous 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 minorities is also mentioned in the Law on Guarantees of the Rights of Indigenous Minorities 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 the General Principles of Organization of Communities of Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation", it is said that communities of indigenous peoples are organized on a voluntary basis at the initiative of persons belonging to small peoples, have reached the age of 18. The will to join the community of small peoples must be expressed in the form of a written statement or in the form of a record in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).

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

The constituent documents of the community of indigenous peoples are:

· memorandum of association;

The founding agreement is concluded by the founders of the community of indigenous peoples, and the charter is approved by the general meeting (gathering) of the 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-Commercial Organizations, a non-commercial organization is considered to be 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 the Federal Law of July 20, 2000 N 104-FZ says that from the moment the decision is made to organize a community of small peoples, it is considered created. At the same time, the created community of indigenous peoples is subject to compulsory state registration. After state registration, the minority community acquires the rights of a legal entity.

It seems that the wording of the Law on Non-Profit Organizations is clearer, since it directly connects the moment of the establishment of the community with its state registration. The body responsible for the state registration of communities of indigenous minorities is the Ministry of Justice of the Russian Federation.

As in the case of other non-profit organizations, the main goal of the indigenous minority 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 their traditional way of life, business, crafts and culture.

As with other non-profit organizations, in this case there is a rule according to which the community of small peoples has the right to carry out entrepreneurial activities that correspond to the goals for the achievement of which it was created. Such entrepreneurial activity is mainly related to their traditional occupations - hunting, reindeer husbandry, fishing, etc. In this regard, it is obvious that the communities of the indigenous peoples of the Russian Federation must be given the status of a legal entity and the corresponding organizational and legal form must be secured.

4. Procedure for the termination of the indigenous minority community

The procedure for the termination of a community of indigenous minorities and the fate of its property after termination has a certain specificity. By general rule, established in paragraph 1 of Art. 20 of the Law on Non-Commercial Organizations, when a non-commercial organization is liquidated, the property remaining after the satisfaction of 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 the use of the property of a liquidated non-profit organization in accordance with its constituent documents is not possible, it turns into state revenue.

As for the community of indigenous peoples, its members have the right to receive part of its property or compensation for the cost of such a part upon leaving the community of minorities 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 the termination of economic companies and partnerships, when their participants have the right to receive part of the property. The presence of such a rule, obviously, is due to the fact that the property transferred by members of the community as a contribution (contribution) to the organization of the community may be owned by the community of small peoples (clause 1 of article 17 of the Federal Law of July 20, 2000 N 104-FZ ). At the same time, the procedure for determining part of the property of a community of small peoples or compensation for the value of this part is established by the legislation of the Russian Federation on communities of small peoples.

List of used literature

1. Federal Law "On Non-Profit Organizations". Article 6.1. Communities of the indigenous peoples of the Russian Federation dated 01.12.2007 N 300-FZ

2. Federal Law of 20.07.2000 N 104-FZ (as amended on 02.02.2006) "On general principles of organization of 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 of 17.04.2006 N 536-r (as amended on 18.05.2010) "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 of 08.05.2009 N 631-r "On approval of the list of places of traditional residence and traditional economic activity of the indigenous peoples of the Russian Federation and the list of types of traditional economic activities of the indigenous peoples of the Russian Federation"

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

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